Month: September 2013

EC continues run-off preparations, stresses supremacy of constitution

The Elections Commission (EC) has said it will continue with preparations for the second round of presidential elections – scheduled for September 28 – and has stressed the supremacy of the constitution following conflicting orders by the Majlis and Supreme Court on a polling date.

The Majlis passed a resolution yesterday during a heated session, ordering the Elections Commission to proceed with polls as planned, as the Jumhooree Party (JP) seeks to annul the vote at the Supreme Court.

The apex court at 9:00 pm last night issued an order indefinitely postponing the run-off until it issues a verdict.

“We have not stopped any of our preparations,” President of the Elections Commissioner Fuwad Thowfeek told the press today. He then held up the constitution, saying “The main document we must follow is the constitution. The Constitution along with the election laws and regulations states how and when to hold elections.”

Vice President Ahmed Fayaz declined to comment on which order the EC would follow, saying the commission was in discussions with the Supreme Court, Majlis, and the President’s Office on a polling date.

Fayaz also stressed the supremacy of the constitution saying, “The Supreme Court, the presidency, Majlis, state institutions – all exist through the constitution and therefore cannot act against the constitution.”

“We may receive an order to proceed with polls, we cannot throw up our hands and go to sleep. We have to be ready at any point,” Fayaz added.

Fayaz pointed to a Supreme Court ruling at 8:00 pm on February 4, 2011, in which it had ordered the EC to proceed with local council elections in Addu City the next day. At the time, the Civil Court had ordered the EC to halt polls over a dispute to provide city status to Addu Atoll.

Delaying polls would be “logistically near-impossible,” Fayaz said. Polling booths are set up in school buildings throughout the country, he explained, but schools would not be available for polling between October 5 and late November as secondary school students sit for the GCSE O’Level exams.

The court ruling to delay polls was signed by four of the seven Supreme Court Judges – Justice Abdulla Saeed, Justice Ali Hameed, Justice Adam Mohamed Abdulla, and Justice Dr Abdulla Didi.

“Based on Article 144 (b), we order the Elections Commission and other relevant state institutions to delay the second round of the presidential election scheduled for 28 September 2013 until the Supreme Court issues a verdict in this case,” the injunction read.

The EC maintains that the JP’s allegations of electoral fraud are unsubstantiated and, even if proven, would still be insufficient to affect the outcome of the first round election results.

Meanwhile, the Maldivian Democratic Party (MDP) – whose candidate Mohamed Nasheed polled first on September 7 – have taken to the streets in protest, having previously made clear that it would not allow a Supreme Court bench “consisting of disgraced judges accused of lewd conduct” to “abrogate the will of the people.”

Supreme Court Judge Ali Hameed has been implicated in a series of sex videos, but the judicial oversight body Judicial Services Commission (JSC) decided not to suspend the judge – against the advice of  a subcommittee it set up to investigate the matter.

The JP’s presidential candidate Gasim Ibrahim was a member of the JSC at the time of this decision.

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Bangladesh halts worker migration to the Maldives

Bangladesh has temporarily blocked its nationals from migrating to the Maldives – an action described by one key local employer as a response to decades of failure by Maldivian authorities to deal with “human trafficking” and labour management.

The ‘Dhaka Tribune’ newspaper reported yesterday (September 23) that the country’s Bureau of Manpower, Employment and Training (BMET) had decided to halt migration to the Maldives over concerns nationals were arriving in the country only to find promised jobs were not available.

It was believed that Bangladesh nationals were – in certain cases – becoming unwitting victims of a “section of unscrupulous recruiting agencies,” the report added.

BMET Director General Shamsun Nahar was quoted in local media as claiming that the number of workers from Bangladesh within the Maldives was thought to be at the “maximum limit” for such a small country.

The High Commissioner of Bangladesh in the Maldives, Rear Admiral Abu Saeed Mohamed Abdul Awal, today confirmed that the decision was made to check on the eligibility of workers.

“This is a temporary measure for review, genuine job seekers will be allowed to come through the proper procedure,” he said, adding that there were no plans to inspect the wider employment practices of Bangladesh nationals in the country.

Maldives Immigration Controller Dr Mohamed Ali said he had not received any notice of the decision, while other sources in his department were only aware of the matter through media reports.

Foreign low-wage workers are often lured to the country by brokers, paying a ‘recruitment’ fee – sometimes as high as several thousand dollars – that is shared between local agents and recruiters in the country of origin.

In June, the Maldives was placed on the US State Department’s Tier Two Watch List for Human Trafficking for the fourth consecutive year – the US State Department noting conditions of “forced labour: fraudulent recruitment, confiscation of identity and travel documents, withholding or nonpayment of wages, and debt bondage” of expatriate workers.

Employer view

Former Maldives Association of Construction Industry (MACI) President Mohamed Ali Janah said he was “shocked” by the position taken by Bangladesh authorities to halt migration.

“This represents the ongoing failure of labour management in the Maldives over the last two decades,” he said. “We have seen rampant corruption in how the labour management business has been run by organised criminals for a long time.”

Janah alleged that, as a result the action by Bangladeshi authorities this week, many businesses in the industry were likely to suffer “collateral damage” from the impact on the available foreign workforce.

“We need at least 2,000 to 3,000 workers in the next two weeks for a number of projects overseen by my company,” he said.

Janah said that while his company wished to employ a larger number of Maldivian staff, even if he paid wages of MVR10,000 (US$650) he claimed there was limited interest among the local population to be labourers.

While Janah estimated earlier this year that the country’s illegal foreign workforce was potentially at 100,000 people, he said the failure to implement a functioning system of labour management in the Maldives had made it hugely difficult to find legitimate workers among the expatriate population.

“Why would we want to hire potentially illegal labour, we don’t know who these people are,” he said. “We have a huge number of projects in the country right now, so we will have to find the people to work, even if it is from China or Cambodia or another country.”

According to Janah, the alleged mismanagement of foreign labour in the country could be resolved within months if local authorities took a genuine effort to resolve the problems through measures such as proper screening of foreign nationals or even DNA testing.

He argued, however, that such a focus would require an elected government with a democratic mandate to conduct such work.

Earlier this year, the Immigration Department confirmed that authorities had targeted the return of 10,000 unregistered workers by the end of the year.

This pledge to return a predetermined number of expatriates was criticised at the time by the Human Rights Commission of Maldives (HRCM), which raised concerns that some workers were being punished for the actions of employers and agents acting outside the law.

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Five MDP protestors arrested yesterday

Five individuals were arrested during yesterday’s Maldivian Democratic Party (MDP) protests against the Supreme Court, reports local media.

Police arrested four people from the demonstration held near the Supreme Court yesterday afternoon and one individual was arrested last night during the MDP’s protest against the court’s injunction to indefinitely delay the presidential election’s runoff.

A police media official would not disclose to CNM whether the five arrested individuals remain in police custody.

The Maldives Police Service (MPS) told CNM that “major changes” regarding the “disclosure of information” have been enacted – on the advice of the Prosecutor General’s Office.

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Supreme Court ejects lawyer defending Elections Commission

Additional reporting by Leah Malone, JJ Robinson

Lawyers defending the Elections Commission (EC) and representing the Maldivian Democratic Party (MDP) were today ejected from the Supreme Court, for criticising its order to indefinitely delay the second round of presidential elections.

The EC’s lawyer, former Attorney General Husnu Suood, was reportedly accused of contempt of court and removed from court.

The MDP’s legal team, including lawyers Hisaan Hussein and Hassan Latheef, who had intervened in the case as a third party (inter-partes claim), were also dismissed from today’s hearing, which was ongoing at time of press.

The Supreme Court letter posted by MDP lawyer Hisaan Hussain stated that she had been barred from appearing before the court in the ongoing Jumhooree Party (JP) versus EC case as her remarks “in the media as well as social media” had allegedly “diminished the dignity” of the court and were under investigation.

The letter also accused Hisaan of claiming that the Supreme Court order should be disregarded.

MDP MP Ahmed Hamza announced at a press conference that the party had left the Supreme Court case as a third party, as it “no longer believed justice would be served by the court.”

Hamza noted that the suspended lawyers were not allowed any opportunity to defend themselves before they were barred from the apex court.

The EC has defended itself by challenging the veracity of evidence submitted by the JP alleging electoral impropriety, and stated that even were the allegations factual, they were not sufficient to impact the results of the first round.

The EC has also pointed to unanimous positive assessments of the polling by local and international observers, including the Commonwealth, EU, US, UN, India, Transparency Maldives, the Maldivian Democracy Network and the Human Rights Commission of the Maldives (HRCM).

The Supreme Court nonetheless issued the injunction last night (September 23) to delay the runoff election until it has finished looking into the JP’s alleged discrepancies.

“No recourse”

Prior to attending the case today, Suood told Minivan News that the EC had “no recourse” against the Supreme Court’s suspension of the run-off, despite there being “no legal basis” for the order that has the “constitution up in flames”.

Suood contends that the Supreme Court injunction is in breach of Article 111 of the constitution, which demands a run-off election within 21 days of a first round in which no candidate reaches over 50 percent.

While there were more “complicated” legal arguments for refuting the Supreme Court injunction, Article 111 provides the simplest example of the constitutional violation committed by the court, according to Suood.

Suood explained that there is no way to appeal the Supreme Court order or seek another judicial remedy: “There is no further recourse,” he stated.

While constitutionally the legislative or executive branches should intervene in the matter, Suood said he believed parliament must take action against the Supreme Court.

“Parliament needs to re-convene and decide [what actions to take],” said Suood. “However parliament cannot take decisions [right now] because of the [divisive] politics within it.”

Disorderly protests by MPs of the government-aligned Progressive Party of Maldives (PPM) and JP stymied, but failed to stop, an MDP resolution to ensure that the second round of the presidential election is held as scheduled.

Suood however explained that it would be “very, very difficult” to remove the judges sitting on the Supreme Court bench, not only because of political polarisation creating unrest within Parliament, but also due to the politicised composition of the Judicial Service Commission (JSC).

“The JSC would need to issue a motion [to remove a judge or judges], which would then need the approval of Parliament, but the JSC Chair is also Supreme Court judge,” noted Suood.

The JSC recently decided to reject a proposed no-confidence motion against its Chair, Supreme Court Justice Adam Mohamed, filed by commission member Shuaib Abdul Rahman.

“The JSC is out of control right now, we must do something. The JSC president is ‘out of the circle’,” Parliament’s Independent Institutions Committee Member and MDP MP Ahmed Sameer previously told Minivan News.

The Supreme Court bench consists of seven judges, all of whom discussed the ruling against the EC, however the injunction was signed by four: Justice Abdulla Saeed, Justice Ali Hameed Mohamed, Justice Adam Mohamed Abdulla, and Justice Dr Abdulla Didi.

Meanwhile, during the MDP’s National Council meeting last night (September 23) the party’s presidential candidate and former President Mohamed Nasheed reassured supporters “not to worry”.

“The Maldives is changing, and it will change according to how we want it to. I call on the Election Commissioner to ignore the Supreme Court, and to obey Majlis resolution and hold elections on Saturday,” said Nasheed.

Following the Supreme Court’s decision to accept the Jumhooree Party’s case against the Elections Commission last week, the MDP released a statement indicating its resolve to “not allow a courthouse that consists of some disgraced judges who face allegations of lewd conduct to abrogate the will of the people and disrupt the constitution”.

Meanwhile, the MDP demonstrated at the Supreme Court today behind police cordons further down the street, after the party’s pledge to continue direct action until the presidential run-off is re-scheduled.

Women on the front line held aloft cartoons mocking Supreme Court Justice Ali Hameed – one of four judges whose name appeared on yesterday’s ruling – for his infamous role in a sex tape scandal earlier this year.

Others brandished pictures depicting the large pair of white underpants – a reference to the same video – that have quickly become emblematic of the demonstrations.


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MDP to re-establish permanent protest site after “cynical attempt to delay election”

The MDP will set-up a permanent protest area in the Raalhugandu area of the capital Male’, following the Supreme Court’s decision to indefinitely postpone the second round of the country’s presidential elections.

“In compete defiance of the Constitution, this act by a discredited court is a betrayal of democracy and the will of the Maldivian people,” said party spokesman Hamid Abdul Ghafoor in a press release today.

“All local and international observers, including those from Transparency Maldives, the United Nations, the Commonwealth, and India praised the first round of elections as free and fair and without incident.

“This ruling is a cynical attempt by President Nasheed’s political opponents to delay an election they feared they were likely to lose.”

“The MDP reiterates the statement made by the UN Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Knaul, that ‘justice must not merely be done but must also be seen to be done and judges must not only be actually impartial they have to appear impartial to the public’.”

“We urgently appeal to our friends in the international community to use their good offices to ensure that elections can swiftly proceed in the Maldives,” the statement concluded.

Following the court’s decision on Monday evening, the party’s National Council resolved to protest continuously and peacefully until a date is given for the second round. The immediate scattered protests quickly tailed off as police were deployed to counter them.

“Maldivian norms are now changing. Tonight’s actions will be written in history as actions taken for that change,” Nasheed told the National Council.

MDP candidate Nasheed led the polls in the first round, with 45.45 percent of the vote, ostensibly setting up a second round run-off Progressive Party of Maldives (PPM) candidate Abdulla Yameen.

However, as yet unsubstantiated complaints from the third-placed Jumhooree Party (JP) – alleging voter fraud, have led the court to order a delay of the run-off until had has finished hearing the JP’s case.

Meanwhile, the MDP is currently protesting outside of the courtroom as the case continues today. The party intends to move into Raalhugandu – also known as the surf point – at 5:00pm today.

Back to ‘Justice Square’

“The people of the Maldives need a place to go and express their concern in a peaceful manner” said Aminath Shauna, the MDP’s Youth Wing leader.

“As President [Mohamed] Nasheed said yesterday, the job of the political parties is to facilitate peaceful political activity. We are making sure people have a place to express this in a peaceful manner.”

The MDP’s return to the area – previously dubbed ‘Justice Sqaure’ – will come 18 months after they were evicted from the site by security forces last year.

The party’s eviction immediately followed violent clashes with police as newly appointed President Dr Mohamed Waheed Hassan attempted to reopen the Majlis following the controversial resignation of former President Nasheed the previous month.

During the ensuing legal battle – during which the MDP claimed it had the right to protest in the area – state attorneys argued that the site had been used to conduct illegal activities, and that its occupants had been violent towards police.

Following the removal from Raalhugandu, the party leased the nearby Usfasgandu area of land from Male’ City Council, before Nasheed called upon the party to relocate to its numerous ‘jagahas’ (campaign centres) in preparation for the election.

Shauna today maintained that the party intended to continue pursuing non-violent forms of direct action.

“I don’t think people in the government will interfere with the MDP because the majority of the people have spoken.”

International reaction

The Supreme Court’s sudden decision to halt the election has jarred with the expectations of international parties, which unanimously labelled the first round of polls as fair and competitive and called for run-off to take place as scheduled on September 28.

“The people of Maldives went to the polls in good faith on 7 September to elect a president. That election was found by national and international observers, notably by a high-level and experienced Commonwealth Observer Group, to be competitive and credible,” said Commonwealth Special Envoy Sir Donald McKinnon, in a statement today.

“It is therefore deeply worrying to hear comments calling for the annulment of that election. No election anywhere is going to be absolutely perfect and there was no evidence or claim before the election that the voter register was manifestly so deficient as to so distort the outcome.

“I therefore hope very much that the Supreme Court will deliver its judgment expeditiously in the case pending before it so that the second round can be held, and the verdict of the Maldivian people determined, without further delay.

“As I have stated before, the Maldivian people must be the winners in this election – they are  collectively more important than any one political leader. The people of Maldives worked hard to get a democratic constitution, they want it respected and it is their right that the elections deliver a result that reflects the wishes of the majority,” McKinnon said.

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Expat worker injured in fall

A Malaysian national, working on the construction of the new parliament building in Male’, has sustained head injuries after falling three stories, , local media has reported.

“The safety near the first floor broke his fall. That’s why the injuries weren’t that serious. He suffered head injuries because it hit the metal pipe of the safety,” an official from the construction company involved told Haveeru.

The man, said to have fallen at 10am today is reported to be in a stable condition at ADK hospital.

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Juvenile Court sentences 17 year-old boy to four months in prison for kissing girl

Additional reporting by JJ Robinson

The Juvenile Court has sentenced a 17 year-old boy to four months in prison after he kissed a 16 year-old girl in a court waiting room.

The girl was sentenced to four months house arrest.

The sentences were given after the boy was brought to court for a remand hearing in an ongoing drugs case, and kissed the girl who was in the waiting room. The pair were convicted for indecent behaviour and contempt of court for kissing on court premises.

“The boy was taken out of where those in custody are kept to the general waiting area, and walked right up to a girl standing there and kissed her in public. We found the girl to be 16 years of age,” a Juvenile Court official told Minivan News on condition of anonymity.

The official said although the girl involved in the matter had been sentenced to four months under house arrest, the court had ruled to delay implementation of the sentence for three years as this was her first offence. If the girl did not commit repeat offences of a similar nature in the next three years, the sentence against her would be annulled, the official said.

The four months would be added to the boy’ s drug sentence, the official added.

Harsh sentencing

Belying the country’s reputation as a luxury honeymoon destination, Maldivian courts issue harsh sentences for sexual offences.

In February 2013 a 15-year-old rape victim was sentenced to 100 lashes and eight months of house arrest, for a separate offence of fornication.

The girl had given birth to a baby in June 2012, which was discovered buried in the outdoor shower area of her home. Her stepfather was later charged with child sexual abuse, possession of pornographic materials and committing premeditated murder.

Following global outrage and a two-million strong petition threatening a tourism boycott by online activist group Avaaz.org, the girl’s sentence was overturned in the High Court on appeal.

Meanwhile in July 2013 the Judicial Services Commission (JSC) – the judiciary’s watchdog body – rejected the recommendation of its own subcommittee calling for the suspension of Supreme Court Judge Ali Hameed.

Multiple leaked videos circulating on social media showed the judge fornicating with unidentified foreign women in a Colombo hotel room.

The JSC declined to suspend the judge, citing “lack of evidence”.

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‘Al Andalus’ speech did not violate broadcasting code of ethics: Broadcasting Commission

The Broadcasting Commission has ruled that the Maldives Broadcasting Corporation (MBC)’s televising of a sermon by Jamiyyathul Salaf preacher Sheikh Adam Shameem Ibrahim did not violate any regulations.

The MBC’s chairman Ibrahim Umar Manik along with members of the Broadcasting Commission were summoned before Parliament’s Independent Institutions Committee, following complaints by MPs of the Maldivian Democratic Party (MDP) that the sermon infringed the rights of the party’s presidential candidate.

“We definitely do not consider [televising the sermon] as anti-campaigning against a particular candidate using religion. [But] around 11:35pm, because his talk was changing a little, we stopped the live [broadcasting],” Manik told the committee.

In a brief statement the Broadcasting Commission declared today that the state broadcaster had not violated the broadcasting code of ethics by airing the sermon.

In the sermon, titled ‘Al Andalus’, Sheikh Shameem drew comparisons between the Maldives and factors he claimed led to the collapse of the medieval Islamic state that occupied much of Spain, Portugal, Andorra and southern France.

“In the struggle among political parties to come to power, we are seeing dangerous parallels with the real reasons why Andalus fell: seeking help from non-Muslim leaders, bringing in their power and companies to our country. It is not prohibited to have non-Muslim labourers, but if we let any non-Muslim entities exert their power, even in business, over Muslims in our land, that is the end of us,” Shameem said.

“Some people tell us that despite supporting a certain politician, their faith cannot be changed, although they say they know [the politician] does not believe in Allah. I am very happy that there are people with such strong faith among us. It is indeed an extraordinary man who can hold onto his faith while being with a kafir, an infidel who commits sinful acts and uses intoxicating substances.

“However, he used to say there will be no way any other religion can be practised here, but his tune has changed. Today he says that despite churches being built, his faith will personally not change. That people of other religions should also be able to live here freely and be granted rights as Islam is a peaceful, just and caring religion. This is very true, but what he wants is a horrible result. He wants to challenge Allah about the justice in our religion.

“This country will have a dark future if we allow the police and army to be exposed to the training sessions given by non-Muslims, outright kafirs, in the guise of professional development. The kafirs will then have an opportunity to make the police and army hate Islam,” he preached.

Read the translation of the sermon

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Chinese tourists, diplomats make a splash in the Maldives: AFP

“The travellers pouring off flight LV199 from Shanghai into the international airport of the Maldives, many dressed in designer labels, are an unmissable sign of China’s interest in the far-flung archipelago,” writes the AFP.

“Their arrival — Chinese visitors are now the biggest group of tourists to the Indian Ocean islands — has been accompanied by greater diplomatic engagement in the Maldives by Beijing, which is investing widely around South Asia.

Recently married Chen Hui and Fang Ye, 20-something business executives from near Shanghai, are returning for their second trip and heading to a resort by speed boat where over-the-water bungalows start at $500 a night.

“Most of our friends come here on their honeymoon,” Fang told AFP, who said they were looking forward to doing some fishing and posing for photos on the sun-kissed white sands that draw nearly a million visitors a year.”

Read more

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