President disappointed with “ill-informed and irresponsible allegations” by UN human rights chief

President Dr Mohamed Waheed has expressed disappointment with the “ill-informed and irresponsible allegations by the United Nations High Commissioner for Human Rights Navi Pillay”.

Pillay last week blamed the Supreme Court’s repeated interventions in the presidential election process for what she described as “the dangerous drift in the democratic process in the Maldives”.

“The government of Maldives rejects the claim that the Supreme Court and the Government are subverting the democratic process,” read a President’s Office statement.

“The United Nations must try to better understand the difficulties facing Maldives in their early phase of democracy, and provide support to find solutions rather than issue damaging statements from a distance,” the statement added.

The High Commissioner’s comment “undermines efforts of Maldives Supreme Court and the government to strengthen the Rule of Law in the country.”

Waheed’s rejection of Pillay’s criticism follows the response of the court’s Chief Justice, Ahmed Faiz, who quickly labelled the High Commissioner’s statements “irresponsible” and “poorly researched”.

“I harshly condemn UN High Commissioner for Human Rights Navi Pillay’s  false allegations regarding the Maldives Supreme Court’s work to uphold its constitutional duties and responsibilities. I do not believe she has any authority to speak in such terms,” stated Faiz soon after Pillay’s statement on Wednesday (October 30).

Following allegations of voter fraud following an otherwise-applauded September 7 poll, the Supreme Court annulled the vote after ruling that over 5,600 ineligible votes had been cast.

The ruling was based on a confidential police report, kept secret from both the public and the Elections Commission’s defence lawyers. A leaked copy of this report has emerged this week (English).

After a second election date had been scheduled for October 19, polling was again delayed after police argued that the court’s 16 point guideline had not been followed when two of the three candidates refused to assign their names to the new voter lists.

Pillay’s statement last week described the 16 point guidelines as “onerous”. She also pointed to the international community’s longstanding concerns over judicial independence in the Maldives.

In the context of such criticism, the UK Bar Human Rights Committee has described the decision to annul the election as “troubling”.

The latest date set for the first round of the election is November 9, with a potential re-run scheduled for seven days later.

President Waheed – whose constitutionally mandated term expires on November 11 – returned to the country on Thursday night following “a private visit to Singapore and Hong Kong.”

Waheed was reported in local media today as saying that the current constitution is in major need of revision.

“We have found out that the political system we have introduced is in need of changes so that our nation will not continue upon suicidal track,” the President was quoted as saying at an India Maldives Friendship Association function on Friday night.

The People’s Majlis has approved a motion for presidential power to pass to the Speaker of the House Abdulla Shahid during this interim period, although although government-aligned politicians have continued to suggest that the opinion of the Supreme Court should be sought on this matter.

In its initial election annulment verdict, the court the court had ruled that Waheed would be able to remain in power even after the expiry of his presidential term, citing the continuity of government principle.

Waheed has meanwhile claimed that he has no interest in remaining president “even a day beyond November 11”.

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Inter-Parliamentary Union delegation arrive for urgent visit

A delegation from the Inter-Parliamentary Union (IPU) has arrived in the Maldives in order “to help find ways to improve trust and confidence between State institutions”.

“The frequent intimidation, harassment and attack of MPs as they go about their work have been deeply worrying,” read an IPU press release.

The organisation’s request for an urgent visit was prompted by the growing list of cases – 24 in total – involving Maldivian MPs currently filed with the IPU’s Committee on the Human Rights of Parliamentarians.

Local NGO Transparency Maldives has meanwhile called upon the Supreme Court to ensure that all MPs are treated impartially whilst calling upon members not to abuse parliamentary privileges for personal gain.

The IPU delegation, having arrived on Friday (November 1), will spend one week in the country during which time it will meet with government leaders, senior parliamentary authorities – including Speaker Abdulla Shahid, Police Commissioner Abdulla Riyaz, and members of the Supreme Court.

The group will also meet with President Dr Mohamed Waheed – recently returned from a private trip to Singapore and Hong Kong.

“The mission not only aims to promote confidence and trust between State institutions ahead of the forthcoming election, but also to have a better understanding of recent allegations of human rights violations against members of parliament. These include arbitrary arrests, attacks and intimidation, including death threats,” says IPU head of human rights programmes and mission member, Rogier Huizenga.

The delegation’s arrival follows a fraught week in the People’s Majlis, during which two MPs were unseated by the Supreme Court – a decision subsequently rejected by the speaker.

Meanwhile, Maldivian Democratic Party (MDP) MP Hamid Abdul Ghafoor – who has sought refuge within parliamentary grounds – was handed a six month jail term by the Criminal Court.

Both the verdict for Hamid and for the MPs unseated by the Supreme Court were given in absentia, a tactic the MDP has described as reminiscent of “old autocratic practice”.

The party described the Hamid sentence as “the latest move by the Maldivian judiciary in a political witch-hunt to purge MDP MPs following the party’s newfound majority in parliament.”

Transparency Maldives

Whilst calling for neutrality in the courts, Transparency Maldives (TM) has also condemned what it characterised as “attempts to shape laws and rules for protecting personal interests of the Members of the Parliament and abuse of parliamentary privileges and the institution of the Parliament.”

In a statement last week, TM contended that such attempts “weaken the legal system and obstruct the rule of law. Similarly, such acts undermine the integrity of the Parliament, eroding public confidence in the institution.”

“Members of the Parliament must be provided with appropriate privileges and immunities in order to carry out their duties as lawmakers. However, Transparency Maldives reiterates its concern that the Parliamentary Privileges Act affords undue privileges and powers to the MPs,” the statement read.

The press release followed this week’s submission of amendments to the penal code, the Drugs Act and the parliamentary rules of procedure by the MDP.

The amendment to the penal code seeks to abolish article 81 regarding public servants exercising their authority to detain innocent persons. The MDP presidential candidate and former President Mohamed Nasheed is being charged under the article for the military’s detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012.

The amendment to the Drug Act meanwhile proposes shortening the jail sentence for the offence of refusing a urine sample from one year to 15 days while the amendment to the parliament regulations would allow MPs convicted of a criminal offence to attend parliament and participate in votes.

In addition to his sentence for refusing to attend court hearings, MP Hamid stands charged of drug and alcohol offences, as well as allegedly refusing to provide police with a urine sample.

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PPM-MDA supporters protest against Nasheed in Velidhoo

Supporters of the Progressive Party of Maldives (PPM) and the Maldivian Development Alliance (MDA) protested against former President Mohamed Nasheed when he arrived in the island of Velidhoo in Noonu atoll for a campaign trip on Friday (November 1).

According to local media reports, supporters of the pro-government parties in a pickup decked with PPM-MDA flags and campaign posters protested using a megaphone and attempted to prevent Nasheed’s team from getting on the island.

Nasheed reportedly alighted with the help of police and MDP supporters. While the presidential candidate shook hands with those gathered at the jetty to greet him at around 11:25am, MDP members made lines on either side of the former president.

While minor scuffles broke out between the rival supporters before the former president’s arrival, police were able to control the situation.

MDP-aligned private broadcaster Raajje TV reported that a PPM supporter on the pickup allegedly threw a stone at the television station’s crew, damaging the lens of a camera.

In his speech in Velidhoo, Nasheed said peaceful political activity was necessary for democracy to flourish in the Maldives.

Nasheed said he did not bear any ill will or rancour towards members of rival parties. The role of an opposition party was equally as important as the party in government, he added, which was to ensure that the government delivered on its campaign pledges.

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Comment: The importance of presidential candidates’ meeting

Even as the rest of the world – and Maldivians too – had almost given up the country as being on the brink of a political and leadership chaos, it has bounced back with the kind of verve and nerve that democracy entails at birth. The three presidential candidates met in what was not an entirely unexpected turn, and declared their intention to try and complete the poll process in time for an elected president to assume office on 11 November, the D-day under the constitutional scheme and national tradition.

Meeting on Sunday night, former President Mohammed Nasheed of the Maldivian Democratic Party (MDP), and his rivals, Abdulla Yameen of the Progressive Party of Maldives (PPM) and Gasim Ibrahim of the Jumhooree Party (JP), unanimously decided to approach the Election Commission (EC) for advancing the poll-dates. If their combined effort next morning when the met the EC officials did not fructify, it owed to the existing electoral scheme – or, so it would seem.

As may be recalled, the EC had fixed 9 November for the first-round and 16 November for the second-round of the once-annulled and once-cancelled polls. The tradition under the continuing constitutional scheme for decades now has been for the elected president to assume office on 11 November. With the second-round of polls, if required for the victor to possess the mandated 50-percent vote-support, scheduled for 16 November, questions have begun to be asked from the highest levels on the possibilities of an emerging constitutional vacuum.

In their meeting, the three candidates claimed to have worked out a scheme for verification of the voters’ list individually. Whatever that may be, they seemed desirous to let nothing – including the possibly an allegedly faulty voter-list – come in the way of completing the poll process. Claims of ‘faulty voter-list’ were among the causes for presidential polls, originally scheduled for 7 and 28 September, getting inordinately and at times inadvertently delayed.

During their meeting on Sunday night, the three candidates decided to urge the EC to advance the first round to 2 November and the second round, if needed, to 9 November. Clearly, they wanted the poll process to be completed in time for the elected one from among them to assume office on 11 November. None of them wanted a constitutional vacuum to emerge in the country during its democratic infancy, particularly after incumbent President Mohammed Waheed expressed a desire to step aside before the deadline for transition.

Going by local media reports, the three candidates meeting the waiting media together after their talks with EC officials, did not elaborate on the EC’s reasons for not being able to conduct the polls. While drafting earlier poll-schedules, the EC had provided the required 21 days for completing the administrative work, comprising re-registration of new voters and those wanting to vote in a booth other than originally assigned. The latter in particular should have thrown up problems while advancing the poll after re-registration had been set in motion.

Under the law, any Maldivian citizen attaining 18 years of age on the day of (first-round) polling are entitled to register their names as voters. After the EC had fixed 9 November as the day for first-round polling and opened re-registration, advancing the poll dates would have been fraught with complications that the constitution’s framers did not foresee, and hence did not provide for. Nor did the 4-3 verdict of the Supreme Court that annulled the 7 September poll and setting out a 16-point guideline for re-poll provide for.

With all sections of parliament involved in the three-candidate negotiations, getting an emergency constitutional amendment Bill through the People’s Majlis would have been a formality. Outgoing President Mohammed Waheed Hassan Manik, who readily endorsed the three-candidate decision, may have also given his assent to such a constitutional amendment. Should any citizen affected by the measure go to the court, however, the process by itself would have been time-consuming, defeating the very purpose of the poll-advancement idea.

‘No’ to military rule

The three-candidate meeting and their meaningful proposal has brought back political pragmatism to the nation’s centre-table, where electoral expediency and excesses alone seemed to rule for a time. President Waheed, who had not very long ago dubbed himself the ‘most hated person’ for the international community and media, set the ball rolling instead, by sounding out the possibility of his resigning from office along with his entire Cabinet, including Vice-President Waheed Deen, for Parliament Speaker, Abdulla Shahid, to take over for a 60-day election-period, as per the Constitution. He followed it up with a letter to Parliament

With the MDP’s Nasheed having won the highest 45.45 percent vote-share in the annulled first-round, the party-led alliance jumped at President Waheed’s proposal. It got the house to pass a resolution on those lines. This is to be followed by a formal bill on the same subject in the coming days, it is said. However, such a course would require a constitutional amendment. The non-MDP alliance parties had boycotted the earlier vote on the resolution. They can be expected to boycott the vote on the upcoming Bill, also, should the MDP still go ahead with the proposal after the three-candidate confabulation.

To the extent the three candidates, their parties and coalitions have been able to distinguish between political realities, electoral exigencies and constitutional compulsions, the nation has been brought back from the brink. Likewise, the Jumhooree Coalition’s Hassan Saeed, vice-presidential running-mate to Gasim Ibrahim, has shot down the proposition of a possible term of ‘military rule’ post 11/11, if the first-round poll of 9 November does not produce a president-elect. The coalition was not considering the option, Saeed said a day after JP parliamentary group leader, Ilham Ahmed, had proposed the same in the house on Sunday.

Air of permissiveness

The JP – and other political outfits – may be in for a time of introspection, if not explanation, a vandal attacked the Indian High Commissioner’s car outside of the diplomatic mission. The car’s wind-screen was damaged, but fortunately, no one was inside the vehicle at the time. Earlier in the day, JP’s mouth-piece, Miadhu, quoted party Secretary-General Hussein Shah as saying that “a foreign Ambassador (had) requested (party founder and presidential candidate Gasim) not to go to court even if there is any vote-manipulations”.

The police are investigating the car-attack. In diplomatic terms, the attack means more for bilateral relations than may be visible and acceptable. Shah’s unsubstantiated claims and the attack on the Indian envoy’s car may have been independent episodes, but both are also reflective of an ‘air of permissiveness’ that has permeated down the democratic political culture in the country. On an earlier occasion, a senior aide of President Waheed attacked the then Indian High Commissioner by name. He was shifted out to a different position, which was considered an elevation, not a punishment, of sorts.

Needless to point out that the President’s Office, Parliament, the police and armed forces headquarters are all within a stone’s throw of the Indian High Commission. The stone that fell on the Indian side could very well have fallen on the other side, too. It only goes on to indicate the precarious nature of the nation’s politics and politics-driven people’s posturing just now. It comes a year and half after the prevailing mood and methods of this kind culminated in the controversial resignation of President Nasheed on 7 February 2012. Each party and politician continues to have a different take and cause for the events, versions and justifications of that day – all of them contributing to the current confusion and consequent impasse.

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Broadcasting Commission appeals against disrespectful use of photos of state officials

The Broadcasting Commission of Maldives has urged local television stations not to use photos of state officials “in a way that undermines their dignity.”

In a circular sent to all broadcasters, the commission noted that following complaints regarding the disrespectful use of photos it had already taken action against media outlets for violating the broadcasting code of practice formulated under article 37 of the Broadcasting Act.

“However, the commission has once again started to receive complaints of some channels broadcasting the photos of the heads of various institutions in ways that undermines their dignity,” the circular stated.

The complaints reportedly referred to government-aligned private broadcaster DhiTV and its sister network DhiFM Plus showing photos of three members of the Elections Commission – Fuwad Thowfeek, Ahmed Fayaz and Ali Mohamed Manik – upside down with a caption alleging that they committed electoral fraud in the annulled September 7 presidential election.

Following an investigation, the commission reportedly decided to advise the Broadcasting Maldives Pvt Ltd, which operates DhiTV, and the Maldives Media Company Pvt Ltd, which runs DhiFM, to make sure the photos are not broadcasted in the future.

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