Day: November 10, 2013

Dr Hassan Saeed retires from politics

Dhivehi Qaumee Party (DQP) Leader Dr Hassan Saeed, running mate of third-placed candidate Gasim Ibrahim in yesterday’s presidential election, has resigned from his party and retired from active politics.

A council member of the DQP told newspaper Haveeru today that Dr Saeed has decided to end his political career based on a lack of electoral success during the past 10 years.

Running as an independent candidate in the first multi-party democratic election in 2008 – after resigning as Attorney General under former President Maumoon Abdul Gayoom citing obstruction of the reform agenda – Dr Saeed came third in the first round and pledged “unconditional” support for the Maldivian Democratic Party (MDP) candidate Mohamed Nasheed in the run-off against the incumbent.

Appointed Special Advisor to President Nasheed following the MDP-led coalition’s victory in October 2008, Dr Saeed resigned from the post 100 days into the new administration after a series of disagreements and letters of advice shared with the media.

Saeed became a vocal critic of the Nasheed administration together with then-DQP deputy leader Dr Mohamed Jameel Ahmed, who was sacked from Nasheed’s cabinet shortly after Saeed’s resignation.

In the run-up to a mass gathering organised by eight opposition parties and an alliance of NGOs on December 23, 2011 ostensibly to “defend Islam” from the alleged liberalisation and securalisation agenda of the MDP government, Saeed’s DQP issued a pamphlet titled “President Nasheed’s devious plot to destroy the Islamic faith of Maldivians.”

Following Nasheed’s controversial resignation in the wake of a violent police mutiny less than a month and a half later, Saeed was appointed Special Advisor to current President Dr Mohamed Waheed.

He resigned from the post citing excessive “family and foreign influence” and was shortly thereafter unveiled as Jumhooree Party leader and business tycoon Gasim Ibrahim’s running mate.

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International community obliged to delegitimise President Waheed: Nasheed

Maldivian Democratic Party (MDP) presidential candidate and former President Mohamed Nasheed has called on the international community not to recognise President Dr Mohamed Waheed Hassan should he stay in power beyond the end of the current presidential term at midnight tonight.

The Supreme Court in a ruling yesterday said Waheed’s presidency continues until a president elect is determined, invalidating a People’s Majlis resolution authorizing the speaker to assume the presidency in the absence of a president-elect.

Speaking to the press today, Nasheed said, “In my view, the international community is partly responsible for the messy situation here in the Maldives. We had a perfect well-oiled government in 2012. They came and they recognised my Vice President as the head of state. They have an obligation not to recognise him after the end of that period.”

Nasheed has called on Waheed to resign, allow Majlis Speaker Abdulla Shahid to assume the presidency and conduct the second round of presidential elections on November 16.

“We would hope that Dr Waheed will resign tonight and we are seeking for an election held with Shahid, the speaker of parliament, as head of state,” he said.

Waheed was Nasheed’s second in command, and came to the presidency on February 7, 2012, after elements of the police and military mutinied against Nasheed. The first democratically elected president publicly resigned, later alleging that he was ousted in a coup d’état.

Nasheed emerged as the frontrunner in yesterday’s presidential polls with 46.93 percent of the vote. He is set to compete against Progressive Party of the Maldives’s (PPM) Abdulla Yameen who won 29.73 percent.

A second round of elections was scheduled for today in order to ensure a president elect is determined by the end of the presidential term, but the Supreme Court in the early hours of the morning rescheduled the vote to November 16, reiterating the continuity of Waheed’s administration.

Beyond November 11

Speaking to the press on multiple occasions, Waheed has previously said he does not wish to stay on as president “even a day beyond November 11.” The President’s Office has not responded to the Supreme Court’s ruling on continuity of Waheed’s administration.

Nasheed described the Supreme Court as “vested interests”, and called on the international community “not to entertain” the apex court.

The Supreme Court annulled the first round of presidential polls held on September 7 despite unanimous praise of electoral conduct, and delineated 16 guidelines on electoral processes, limiting the independence of the Elections Commission and effectively giving veto power over elections to presidential candidates.

On October 19, the police brought elections to a halt after two of the three presidential candidates refused to sign the voter registry.

“[I]t is very clear to them now that the Supreme Court does not resemble any idea of a court. So I don’t believe the international community actually seriously takes the Supreme Court into account. And I would want them to very clearly indicate to the people of the Maldives, that they are with the constitution of the Maldives and not with the vested interests,” Nasheed said.

Further, an election conducted under Waheed’s leadership would be unconstitutional and “it would be very difficult” for the MDP to participate in such an election as such an election is open to interference from the Supreme Court, he added.

“We do not believe that if President Waheed continues in government that he would – or people aligned with him, working with him, in alliance with him – would want an election in the country. I think it is very clear that elections would go our way. If they do not intend to transfer power legally, then we do not see how they would want to have an election. So we don’t think there could be a conducive environment for elections. The Supreme Court will come out with another ruling upon the military or upon the police to definitely obstruct the elections. Come 16th of November, we will be back to square one,” he added.

Speaker to reach out

Meanwhile, Waheed’s Vice President Waheed Deen has stepped down today and a petition by mid ranking officers of the Maldives National Defense Forces (MNDF) calling on the army not to obey any order made by Waheed or his political appointees after November 11 has been circulating on social media.

The Progressive Party of the Maldives (PPM) has come out in support of Waheed assuming the presidency.

Speaking to the press last night, the PPM’s presidential candidate Yameen said: “Now the Supreme Court verdict has come the way President Waheed hoped for or wanted. So I am certain that President Waheed will stay with the Maldivian people at this most difficult time we are facing. I have no doubt about that.”

But Nasheed said the spirit of the constitution was for the People’s Majlis speaker to assume the presidency in the absence of a president and vice president as Article 124 (b) confers presidential powers to the Speaker if the presidency becomes vacant for any reason.

The speaker is expected to reach out to the different arms of the government and the security forces today, he said.

Speaking to Minivan News last week, Shahid said that if the reigns of power are taken over by an unelected body on November 11, it would mark the death of democracy in the Maldives.

Should he assume presidency, his role would be to ensure an election as soon as possible, Shahid said.

“To make sure that we hold an election as soon as possible and that the country is put back on track. That the opportunity for the people to have their say is provided and an elected leader is put in place. And then my job is done. The sooner the better. This is not an opportunity I cherish at all, to be an interim caretaker for this country,” he said.

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Elections Commission announces re-registration deadline of 8:00pm

The Elections Commission (EC) has announced a deadline of 8:00pm tonight for citizens wishing to vote outside their home island in the run-off election scheduled for November 16 to submit re-registration forms.

Voter details can be checked in the Maldives by sending an SMS to 1414 in the format ‘VIS [ID#]’, or by calling the helpline on the same number.

Registration details can also be checked online at http://elections.gov.mv/index2715.html

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Vice President resigns as threat of constitutional crisis looms

Vice President Waheed Deen has resigned from the government, stepping down from the post he assumed shortly after February 7 2012’s controversial transfer of power.

His resignation comes on final day of President Mohamed Waheed’s term, and has prompted speculation that President Mohamed Waheed may similarly step down.

While the Supreme Court yesterday dismissed a parliamentary resolution that would have installed the Speaker of Parliament and reiterated that President Waheed’s government would continue after November 11, Waheed himself has previously indicated his reluctance to remain in the post “even a day after November 11”.

Senior and mid-ranking Maldives National Defence Force (MNDF) officers as recently as yesterday were appealing to their colleagues not to recognise the authority of the President and his cabinet after midnight November 10.

Should Waheed step down leaving both offices vacant, Article 124(b) of the Constitution would automatically pass power to the Speaker.

124 (b)In the event of the permanent incapacity, resignation, removal or death of both the President or the Vice President, and both offices becoming vacant at the same time, leading to an incapacity to carry out the duties of the President, until such time as a President and a Vice President shall be elected, the duties of both offices shall temporarily be carried out, in order of priority, by the Speaker of the People’s Majlis, or by the Deputy Speaker of the People’s Majlis, or by a member of the People’s Majlis elected by a resolution of the People’s Majlis, until successors in office are chosen.

The prospect of impending constitutional limbo was triggered following yesterday’s election, after second-placed candidate Abdulla Yameen refused to sign the voter lists ahead of the run-off vote scheduled for today, and insisted that the election be held after November 13.

In a stamped but unsigned ruling issued at 5:30am this morning the Supreme Court declared that the revote should be held on November 16, despite the Elections Commission and all candidates previously agreeing that it should be held today.

Elections Commission (EC) Director General Mohamed Shakeel told Minivan News this morning that the ruling meant no polling stations were allowed to open, no materials could be transported, or any other preparations to be made.

“It states that all institutions in the Maldives are ordered not to provide assistance to the Elections Commission,” he continued. “So then the police won’t help.”

The EC said the delay would cost the state a further MVR 30 million (US$2 million).

The US Embassy in Colombo meanwhile issued a new statement this afternoon slamming the behaviour of the Supreme Court.

“Efforts by the Supreme Court to repeatedly and unduly interfere in the electoral process subverts Maldives’ democracy and takes decision-making out of the hands of the people. It is imperative that Maldives proceed to a runoff election with no further interference so that the democratic process can complete the transition to new leadership,” the US embassy said in a statement.

“We are deeply concerned about the Supreme Court’s ruling today against the holding of the scheduled second-round election on 10 November. Because of the Supreme Court’s intervention, the Maldivian presidential elections will not be completed before the current presidential mandate expires at midnight on November 10, 2013.

“In situations of uncertainty, the people must have confidence in their Constitution and look to it for guidance. We urge all three branches of the government and the political parties to respect the letter and the spirit of the Constitution and halt the constant reinterpretation of the legalities involved,” the statement said.

“The November 9 election has shown the commitment of the citizens of Maldives to the democratic process and the ability of the Election Commission to efficiently hold free, fair and credible elections that reflect the will of the people.”

Commonwealth Special Envoy Sir Don McKinnon has also issued a damning statement on the conduct of the Supreme Court, and called for consideration of Article 124 – tacitly backing an interim government under the Speaker.

“In the absence of a political agreement, the people must look to their Constitution for guidance and have confidence in their Constitution. Article 124 makes clear the spirit and intent of the Constitution for situations such as the one the country is currently facing,” McKinnon stated.

“Article 124 reflects the basic democratic principle that the state’s power must always lie with the people and their elected representatives. This is the fundamental underpinning of the Constitution. Elected representatives speak for the people. I therefore believe that Article 124 offers the most appropriate guidance to avoid constitutional uncertainty and sustain the support of the people,” McKinnon said.

“As in most countries, an interim government would not be expected in any interim period, such as from 11 November to the swearing in of a new elected President, to take any significant decision or new policy initiative,” he added.

No role for international community: Yameen

Yameen lashed out at international pressure for elections during a press conference last night.

“There is no role for the international community in holding an election in any country, is there? An election is a domestic matter, isn’t it? What international organisations, ambassadors or foreign governments can do is appeal. But they will appeal to hold the election as soon as possible in accordance with Maldivian law, and we want to hold the election in accordance with the law as well,” Yameen said.

He accused the Elections Commission of not being properly prepared.

“At least 12 hours should be given to campaign for the election, shouldn’t it? The law provides time more generously than that. So for these reasons I said on behalf of PPM that I support holding the second round on November 11.”

“The international community would want to expedite the election. That is because there should be a President as early as possible at the start of a new constitutional term. Having an elected president on November 11 is what we Maldivians want as well, not just foreign parties. They will press for that but there is no role for international parties in elections,” he insisted.

The PPM candidate – half brother of former autocratic President Maumoon Abdul Gayoom who ruled the Maldives for 30 years – claimed a constitutional amendment would be required for the Speaker to assume the presidency in the absence of a president-elect at the end of the presidential term.

“So even if it has been passed by Majlis, we don’t believe either then or now that it has any legal weight,” he said.

He said the Supreme Court has provided legitimacy for President Waheed to remain in office after the conclusion of his term, declaring that Waheed was willing to stay “to the extent that the public wants,” something which was noted “very clearly” at the meeting last week.

“Now the Supreme Court verdict has come the way President Waheed hoped for or wanted. So I am certain that President Waheed will stay with the Maldivian people at this most difficult time we are facing. I have no doubt about that,” Yameen said.

Deen’s phone was switched off at time of press.

Meanwhile third-placed candidate Gasim Ibrahim’s running mate, Hassan Saeed, a former Special Advisor to President Waheed, announced his retirement from politics to local media.

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Polls “well-administered despite challenges”: Transparency Maldives

The first round of the rescheduled presidential election yesterday (November 9) was peaceful, credible and “well-administered despite challenges,” NGO Transparency Maldives (TM) concluded following its observation of the polls.

“If you look at the statistics, the polling stations generally opened on time, closed on time, and the assisted voter turnout decreased from last time. So in general we found that this election has been very well-administered despite challenges,” TM’s Advocacy and Communications Manager Aiman Rasheed said at a press conference last night.

TM’s key findings showed that 96 percent of polling stations closed by 4:30pm, assisted voters accounted for 1.4 percent of the total turnout, and voting was temporarily halted in 3.2 percent of polling stations, of which 85 percent of the cases were interventions at the direction of the presiding officer.

“There were reports that people were not able to vote because their names were not on the voter registry, but this affected very few cases (less than 0.35% of all voters). Out of those affected 23.1% complained at the polling stations that they were unable to vote at their designated polling location,” TM noted in a press statement.

In the annulled election on September 7, TM had found that people unable to vote because their names were not on the register accounted for 0.2 percent of all voters.

Elections Commission (EC) member Ali Mohamed Manik had said at a press conference yesterday that the most common complaint during voting was from people who were unable to vote due to “minor differences” or mismatches between the information on their identity cards and the voter registry.

As most cases involved minor spelling differences in addresses, Manik said the EC issued a circular in the afternoon to allow voting in such instances.

Discrepancies in the addresses and names of 3,782 voters were cited by the Supreme Court as irregularities in its judgment annulling the September 7 election.

Peaceful

Although isolated cases of violence were reported at 1.8 percent of polling stations in yesterday’s election, “we are happy to report that this election has been peaceful,” TM stated.

“Where there were incidents of violence, they were reported to the relevant authorities, and we will be closely monitoring any further developments.”

While police had entered 14.5 percent of polling stations, in 84.4 percent of such cases, “interventions occurred at the invitation of the Presiding Officer as the rules allow.”

According to police media updates throughout the day, an individual who showed his ballot paper and another who photographed his were arrested in Male’, voting was temporarily halted for a ballot box in Majeedhiyya School after a person voted on behalf of an assisted voter, and people remaining at a polling station in the school after voting were removed upon request by EC officials.

Police were also informed of incidents where ballot papers were displayed or photographed in Haa Alif Baarah and Alif Alif Ukulhas.

In the final reported case, an individual was arrested near Thajudheen School in Male’ following a disturbance outside the polling stations in the school.

Credible

The TM statement meanwhile noted that “candidates were well-represented during the counting, making the process transparent and adding to its credibility.”

“Gasim Ibrahim was represented at 83.7% of polling stations during the vote count. Abdulla Yameen was represented at 85.1% of polling stations during the vote count. Mohamed Nasheed was represented at 91% of polling stations during the vote count,” the statement noted.

“Only 0.15% of ballot papers were disputed by the candidate/party observers during the counting process.”

The TM statement also expressed appreciation and gratitude to “the 400+ observers and volunteers in our observer network, based in 20 atolls and a number of foreign countries.”

Asked about the annulment of the September 7 polls – the results of which largely mirrored yesterdays – despite positive assessments by domestic and international observers, Aiman Rasheed said that TM was “very confident in our methodology, we are very confident in the results of our observation.”

“We are confident in the results that we shared with the international community, with the media, and our findings indicate that there was no systematic fraud on election day on September 7,” he said.

Following allegations of vote rigging in the wake of the annulled polls, TM issued a statement urging “all actors and institutions to refrain from undermining the integrity of and confidence in the election day processes without credible evidence of fraud.”

Illegal campaigning

The EC meanwhile noted at its press conference yesterday that complaints were submitted regarding campaigning after the 6:00pm cut-off point on Friday (November 8).

Mass text messages in the names of former President Maumoon Abdul Gayoom and Maldivian Democratic Party (MDP) candidate, former President Mohamed Nasheed, were reported in the morning on voting day.

The text messages originated from a number in India.

“To PPM’s [Progressive Party of Maldives] beloved members. Only Gasim [Ibrahim] can stop Islam being destroyed through Nasheed and the selling off of Maldivians’ freedom,” read a text message in the name of the PPM figurehead.

“I have not been able to do anything well apart from protesting on the street. Am I fit to be the ruler of the nation?” asked a text message in the name of the MDP candidate.

EC member Manik noted that complaints regarding the text messages as well as other campaign activities during voting were received by complaints bureaus, adding that the commission was unable to do much apart from requesting the communications authority to block the numbers.

PPM candidate Abdulla Yameen said at a press conference last night that he believed the fake messages in the name of Gayoom would have adversely affected the outcome.

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Comment: A method in madness

One of the most painful, overused cliches of modern times is the saying that insanity is the act of repeating the same action over and over again and expecting different results.

The Maldives, then, can be considered to be suffering from a bizarre national lunacy.

On elections day a little over two months ago, some of us thought we’d finally return to stability. We then also kept our fingers crossed two weeks later – in vain, as it turned out. On October 19, optimistic souls believed Maldivian voters would be a third time lucky. And yesterday, some hoped we would be a fourth time lucky.

And now, some are praying we’ll be a fifth time lucky sometime in the indeterminate future. But as this writer comfortably predicted months ago, there remains a zero percent chance of any free, fair or credible electoral decisions being upheld under the present Maldivian regime.

Foolish assumptions

There is a method in this mad optimism, and it is based on a number of foolish assumptions – the very first being that elections will somehow defuse the two year long crisis.

On the surface of it, it seems rather logical that an election would lead to stability. But perhaps we forget too easily that we did have an election on 7th September 2013.

The elections were scheduled well ahead. The parties campaigned. The observers arrived. Citizens registered to vote.

The elections were even widely praised by experts and international observers as being free and fair. 88 percent of the people voted. The democratic candidate won with a handsome margin.

Except, the Gayoom-controlled judiciary then threw the results right into the trash can on what can only be described as exceedingly tenuous grounds. The third placed candidate Gasim Ibrahim alleged widespread fraud, and the court happily agreed – while doing away with the need to accommodate such inconveniences as any actual admissible evidence. Instead, the judgment was based on a “police report” so confidential that not even the defendants or their lawyers were allowed to have a peek at it. (Our Supreme Court, ladies and gentlemen!)

The elections were annulled. The international community expressed concern. Millions in public funds were wasted.

Having apparently decided to completely ignore the existence of a constitution, the Court then went on to issue a 16 point “guidelines” to the Elections Commission, including a provision requiring the candidates to sign the voters registry before voting could commence – essentially granting a veto to the candidates, who could now permanently hold the country and the electorate to ransom.

A runoff election was scheduled for September 28. The parties campaigned. The observers arrived. Citizens registered to vote.

But any hopes of an election were quickly dashed when the powerful Gayoom controlled militia – unwittingly referred to by the poorly informed as the “Maldives Police Service” – kidnapped the Elections Commissioner and laid siege to the commission. The elections were stalled.

The international community expressed concern. Millions in public funds were wasted.

Amid much drama, yet another runoff election was scheduled for October 19. The parties campaigned. The observers arrived. Citizens registered to vote.

But then, mere hours before voting was scheduled to commence that morning, the Gayoom militia intervened yet again and laid siege to the EC. The election was stalled yet again.

The international community expressed concern. Millions in public funds were wasted.

Then as recently as this week – when the international community threatened and arm-twisted the PPM and JP candidates into signing the voter’s registry at the last minute – another election was scheduled for November 9th.

The parties campaigned. The observers arrived. Citizens registered to vote.

An election was even allowed to take place this time, and declared to be free and fair. 86 percent of the people voted. The democratic candidate won handsomely again.

A runoff was scheduled for today.

You would never guess what happened next.

Mere minutes after the interim results were announced, PPM candidate Abdulla Yameen announced in a press conference that he would not sign the voters registry, thus preventing the run off elections from taking place.

The elections are likely to be stalled. Millions in public funds have again been wasted.

Curiously, it appears the parties will campaign again. The observers will return. Depending on when Abdulla Yameen decides to be benevolent, citizens may yet again need to register to vote.

Even more curiously, it appears many citizens remain inexplicably confident of somehow arriving at a different outcome.

The EC has said it will cost about MVR 25 million in public funds for each bout of this insanity.

The myth of a democratic election

Democratic elections are held between democratic parties i.e., between registered groups that aim to win over people to some vague political philosophy. The elections in Maldives are a different beast altogether.

If it wasn’t already painfully clear to even passive observers of Maldivian politics, the battle in the Maldives is between democratic and anti-democratic forces; between one group that seeks a public mandate, and another that seeks to permanently disenfranchise citizens and has publicly called for military rule. Between one group that wins elections and another that has no use for them, thanks to its control of the judiciary and a state funded militia.

On one side is the only democratically elected President in the history of the Maldives and who now has two further unfulfilled electoral victories to his credit since then.

On the other hand is a motley coalition of a former dictator, his cheerless half brother who is noted in leaked US State Department cables as being notoriously anti-reformist, a network of their fat-cat cronies, and to complete the picture, the far right religious extremists.

Gayoom’s party is not an agent of democracy, nor are its allies. If anything, the PPM is a panic-stricken response to democracy and to democratic reforms that threaten to shake the Gayoom network’s foundations. And that hostility towards a democratic exercise is exactly what has been on shameful public display in the last few weeks and months.

There are no difficult questions here. No moral ambiguity. Surely, to use the words of the great English rockers Pink Floyd, the international community can tell a green field from a cold steel rail.

The international community

In a moment of surprising candour, PPM candidate Abdulla Yameen admitted that he was forced to sign the voters registry against his wishes by the international community. The implication was that he wouldn’t have proceeded with yesterday’s elections – which he wasn’t ever likely to win – had he not been arm twisted into doing so.

The constitutional deadline of November 11 looms large, and the country will fall into a legal void with no political or legal consensus on what happens next. As such, it will fall upon Gayoom’s uniformed militia – ostensibly also the country’s security services – to decide the course of events.

Gayoom’s militia, of course, is likely to use the excuse of the Supreme court ruling to continue to prop up Waheed – perhaps the first incumbent ruler in history to win a mere five percent of the votes in a public election.

This miscarriage of justice only promises further chaos and – one cannot stress this enough – it is absolutely absurd to expect any different outcome.

The Maldivian citizens have protested, and petitioned and voted multiple times – all to no avail.

Perhaps, then, one way to force a different outcome is to force a different reaction from the international community.

In the last two years since the elected government was overthrown, the international community has made endless, meaningless public statements of “concern”; statements that have done precious little to impede the repeated, systematic abuse of human rights and mockery of justice in the Maldives.

In the meantime, police brutality has been richly rewarded with promotions, perks, housing and medals. A runaway judiciary is trampling all over the constitution like a crazed pachyderm. What little accountability had existed before has long since vaporised. The Maldives’ press freedom rankings have fallen like a brick and returned to pre-democracy levels. And that’s before they made the country’s only opposition TV station disappear in a giant ball of fire.

R2P

Perhaps, just perhaps, now would be a good time for the international community to make good on its threats.

The Maldives hasn’t had a legitimate government since February 7 2012. However, after the constitutional deadline of November 11, even the fig leaf of legitimacy granted by the CoNI report and the benefit of doubt granted by international community, purportedly in the interests of stability, will vanish.

Crucial powers such as India, UK, EU, the Commonwealth and the United States, who are in a position to enforce change, must recognise their responsibility to protect the fundamental authority of the citizens of the Maldives over themselves, especially when attempts to exercise a democratic mandate have been repeatedly and so publicly frustrated.

If instead, the international community should choose to acquiesce to this daylight mockery of the public, and recognise the Supreme Court’s blatantly unconstitutional ruling propping up a loser with five percent mandate as the country’s leader, or accommodate the hijacking of the Maldives electoral process, or turn a blind eye to holding to ransom the rights of an entire population, then it very likely that the hopes of democracy will fade from this tiny nation and the Maldives might end up a failed state.

It is trivial to put pressure on the Maldives – a country that depends almost entirely on foreign income and aid to feed and clothe itself. Cut off military and financial aid to the rogue regime until an elected President is sworn in. Halt exports of local fish to European markets. Stop sending tourists to luxury resorts that line the pockets of the Gayoom fat cats. Impose restrictions on foreign travel of regime figures on diplomatic passports. At the very least, stop sending consignments of tear gas, projectiles and weapons that are being used to subjugate an entire population and choke off its citizen’s rights.

The international community could continue to stick to the routine of issuing public statements of concern and privately trying to negotiate backroom deals between the wolves and the sheep on what they’d like to have for supper.

But unless the world powers can be convinced to make much sterner interventions, we are all mad as hatters to expect any change in trajectory in the Maldives.

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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Supreme Court orders further election delay, reschedules for the 16th

The Maldives Supreme Court has ordered the Elections Commission (EC) and all state institutions to make arrangements for a presidential run-off election on November 16, rather than today as previously scheduled.

News of the latest court ruling came less than an hour after the EC had declared the official results of yesterday’s poll at 4:30am.

The EC also announced its intention to go ahead with the scheduled run-off, with polling times set between 11am and 7:00pm today (November 10).

“The decision made by the EC to hold the second round on the 10th deprives the people from fully obtaining the basic right stated in article 26 of the constitution,” read the Supreme Court ruling (Dhivehi).

The ruling appears to have been drafted prior to the EC press conference, however, as it states that the EC had not yet announced when the provisional results would be held, nor the times for polling.

“Thus the date previously set by Elections Commission (16 November 2013) to hold the second round of presidential elections 2013 is seen as the most appropriate date, [the Supreme Court rules by referring to article (144) of the constitution] that the second round of the presidential election to be held on 10 November 2013 must be postponed, and orders the Election Commission and other relevant state institutions to make arrangements for the second round of presidential elections to be held on 16 November 2013, Saturday.”

The ruling is not signed by any member of the Supreme Court bench, featuring only the court’s stamp.

The Supreme Court ruling suggested that the major reason for the EC’s decision to hold the run-off today was to avoid a supposed constitutional crisis created by the ending of the current president’s term at midnight tonight.

The court, however, argued that its prior ruling (2013/SC-C/42) had provided for this scenario, using the continuity of government principle to keep President Dr Mohamed Waheed in power for any interim period.

During yesterday’s polling, the Supreme Court also met to rule that this previous verdict – one that had annulled the first round of voting from September 7 – also overruled the Majlis’ motion to hand power to Speaker Abdulla Shahid on November 12.

EC Director General Mohamed Shakeel told Minivan News this morning that the ruling meant no polling stations were allowed to open, no materials to be transported, nor any other preparations to be made.

“It states that all institutions in the Maldives are ordered not to provide assistance to the Elections Commission,” he continued. “So then the police won’t help.”

“I just informed polling station officials abroad about the polling start times [at the various overseas locations] and had to call them right back and tell them to halt all preparations,” he lamented, stating that the EC was currently reviewing the order.

This morning’s ruling results from a case filed yesterday by Jumhooree Party’s (JP) Youth Wing leader Moosa Anwar, who argued that the short space between votes might result in the loss of the right to campaign before the next round.

During an EC press conference to announce the provisional results of yesterday’s poll, EC President Fuwad Thowfeek said the date had been agreed by the candidates themselves.

“We are working to have the second round tomorrow. We want to hold it tomorrow as it was agreed by the three candidates, and the president, and all the concerned authorities,” Thowfeek said.

Beyond his press conference Yameen had “not informed” the EC of his refusal to sign the lists, Thowfeek said.
While the PPM initially wanted to sign all the lists, he said they later sent a letter saying they wanted to sign only the changed lists.

Instead, preparations have been hampered by “lack of cooperation” from one candidate, Thowfeek said, which was called by “confusion” over issues involving signing the voters list.

“First we agreed, since it was one day [between the polling rounds], to take just the changed names to a separate list for the candidates to sign. But representatives requested revising the lists and to sign [the changed lists]. We did that but after signing for a while they stopped and asked to change it to the way before. So we said we were ready to do it the way they requested.”

The commission had not heard from the representatives after that, Thowfeek said.

He noted that the EC had agreed to the November 10 date upon request by the president, adding that a new date would mean restarting preparation and additional costs.

“We would face such difficulties so are trying to see if there is a way to go ahead [with the second round]. We hope we will find that path,” Thowfeek said.

“Serious risk of indefinite delay”: Nasheed

As yesterday’s results revealed a second round contest between Progressive Party of Maldives (PPM) candidate Abdulla Yameen and Mohamed Nasheed of the Maldivian Democratic Party (MDP), Yameen immediately announced that he would not be signing the required voting lists for the run-off.

“No, election is not going to happen tomorrow. Simple reason being that the Elections Commission is not prepared for that. Elections Commission does not have a list that has been pre-signed by the candidates. What they have is a fresh list. So a fresh list for us to review and sign, for verification we need at least 48 hours.”

Speaking to Minivan News yesterday evening, Nasheed warned that “if we don’t have elections tomorrow there is a serious risk of indefinite delay as now Waheed is asked to stay on by the Supreme Court. Our opponents know that they will lose in a fair fight.”

“In my view if the international community says that they will not recognise Waheed after November 11 then we will have elections. Then again it’s very difficult to see the international community doing the right thing. We are in this mess because they recognised a rebel government in February 2012,” he said.

Nasheed’s calls to the international community soon resulted in international calls to stick to the arranged election schedule.

The US state department said that delaying the second round beyond the current constitutional requirements “will create uncertainties that may destabilize Maldives.”

“It is unreasonable and unacceptable for parties to continue to demand changes to an agreed election date. Voters deserve a greater degree of predictability over something as serious as a presidential election.”

Similarly, the Commonwealth’s Special Envoy to the Maldives Sir Don McKinnon declared it to be “unreasonable and unacceptable” for parties to continue demanding changes to the agreed election date.

“Any further delays would create uncertainty for the voters, place extra demands on the Elections Commission and lower people’s confidence in the country’s democratic institutions,” he said.

A number of Maldives National Defence Force officer have been found to be circulating an appeal calling on their fellow soldiers not to obey “unlawful” orders issued by President Waheed or his political appointees, following the expiry of his presidential term at midnight on November 10.

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“Unreasonable and unacceptable” to demand changes to agreed election date: Commonwealth Special Envoy

The Commonwealth Secretary-General’s Special Envoy Sir Donald McKinnon has declared it is “unreasonable and unacceptable” for parties to continue demanding changes to the agreed election date.

McKinnon’s comments follow Abdulla Yameen’s refusal to sign the voter lists in a bid to delay Sunday’s run-off vote to November 13.

Early results from today’s revote show Yameen receiving a decisive lead over third-placed candidate Gasim Ibrahim, receiving approximate 30 percent of the vote – a five percent improvement on his performance in the Supreme Court’s annulled poll. The result pitches him against former President Mohamed Nasheed, who appears to have increased his 45.45 percent vote to approximately 47 percent.

The Elections Commission and the candidates previously agreed to a run-off on Sunday November 10, with polls due to open in just seven hours from time of press.

However as the final boxes began to be counted, Yameen called a press conference and declared “no, the election is not going to happen tomorrow. The simple reason being that the Elections Commission is not prepared for that. The Elections Commission does not have a list that has been pre-signed by the candidates. What they have is a fresh list. So a fresh list for us to review and sign, for verification we need at least 48 hours. So the list they have we are not sure whether that is the list they had for today’s voting. Until and unless we are able to ascertain that this is the same list, we are unable to sign that.”

Yameen said the election can take place “as soon as we are able to verify the list. We have asked for something like 48 hours, because we are talking in excess of about 240,000 people. So soon as the Elections [Commission] is able to provide us this timeframe we are prepared to go to an election. Hopefully any time within the range of November 13 to 15. Any time after November 13 we are happy.”

He added that he would be sitting down with Gasim and the Adhaalath Party tomorrow to discuss their supporting him against Nasheed, and claimed to have already received their endorsement.

Commonwealth Special Envoy Mckinnon responded: “Voters deserve better from their leaders and a greater degree of predictability over something as serious as a presidential election.”

“It is important now that the electoral process move forward swiftly to its conclusion, with the holding of the second round. Any further delays would create uncertainty for the voters, place extra demands on the Elections Commission and lower people’s confidence in the country’s democratic institutions,” he said.

“All initial reports suggest that this was a good election, and I look forward to hearing the more definitive reports of domestic and international observers shortly. The Elections Commission should be commended for its consistency in delivering another well-managed and credible election,” he added.

Speaking at a press conference earlier today, Elections Commission President Fuwad Thowfeek said representatives from the PPM arrived to sign the new voter lists in the early hours of Saturday morning but left at 7:30am and did not return.

While the PPM initially wanted to sign all the lists, Fuwad said they later sent a letter saying they wanted to sign only the changed lists.

Voter lists to be used for the second round scheduled for tomorrow changed after re-registration of about 1,500 voters for the second round, who would be distributed among different polling stations.

“It looks as if they are not so keen on fulfilling their duties and responsibilities. Signing these lists is a duty given to candidates and their representatives by the Supreme Court,” he said.

Supreme Court in another midnight sitting

Meanwhile, shortly before midnight, the Supreme Court began hearing a case submitted by Gasim’s Jumhoree Party demanding that the run-off election be cancelled and rescheduled. However any delay would push the country past the expiry of the presidential term on November 11, a scenario that today drew rumblings of discontent from the Maldives National Defence Force (MNDF).

While the Supreme Court today in a separate ruling upheld its previous insistence that Waheed would stay on after November 11, Waheed himself has declared he has no wish to do so.

MDP candidate Mohamed Nasheed meanwhile congratulated the PPM on its performance in Saturday’s poll, and said his party was ready to face polls on Sunday.

“My view is that if we don’t have elections [on Sunday]there is a serious risk of indefinite delay as now President Waheed is being asked to stay on by the Supreme Court. Our opponents know that they will lose in a fair fight,” he told Minivan News.

“In my view if the international community says that they will not recognise Waheed after November 11 then we will have elections. Then again it’s very difficult to see the international community doing the right thing – we are in this mess because they recognised a rebel government in February 2012.”

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