Day: March 9, 2014

Maldives signs maritime cooperation agreement with India and Sri Lanka

Military leaders from the Maldives, India, and Sri Lanka have agreed to cooperate in order to increase security regulations on vessels that violate maritime laws.

The meeting took place at the third National Security Advisor (NSA) level Trilateral Meeting on Maritime Security Cooperation between the Maldives, India, and Sri Lanka on March 6 and 7 in New Delhi.

The agreement comprised of a number of steps, including information sharing, training in oil pollution response and cooperation in the legal and policy response to piracy.

Shivshankar Menon, chair of the meeting and Indian National Security Advisor stated, “the immediate threat that we have been facing in the last few years is piracy and that fortunately…is down. But, even though the number is down…that doesn’t mean the primary source of the problem, which is on land, has been solved. We need to keep putting in this effort.”

The next NSA meeting will take place in the Maldives.

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Supreme Court strips Fuwad, Fayaz of EC membership

The Supreme Court has stripped Elections Commission (EC) President Fuwad Thowfeek and Vice President Ahmed Fayaz Hassan of their membership in the commission and sentenced the former to six months in jail.

The jail sentence was however suspended for three years.

The Supreme Court judgment also ordered the executive, parliament and the EC to “make all necessary arrangements” within six days to conduct the parliamentary elections as scheduled on March 22.

According to article 175 of the constitution, at least three members are required to “constitute a quorum at a meeting of the Elections Commission, and any decision of the Elections Commission shall be taken by a majority of votes of the members present and voting.”

With the Supreme Court’s removal of the EC’s president and his deputy, the remaining members are Ali Mohamed Manik and Mohamed Farooq.

Thowfeek was sentenced under article 88 of the penal code, which states that it is an offence to “disobey a lawful order”.

The Supreme Court summoned EC members on February 27 and began a surprise trial on charges of contempt of court under new ‘sumoto’ regulations that allow the apex court to initiate proceedings and act as both prosecution and judge.

Of the five judges on the bench hearing the case, Chief Justice Ahmed Faiz Hussain and Justice Adam Mohamed Abdulla issued dissenting opinions.

The majority opinion was formed by Justice Abdulla Saeed, Justice Ali Hameed Mohamed, and Justice Ahmed Abdulla Didi.

Delivering the verdict, Justice Saeed contended that EC members had “openly and systematically” brought the Supreme Court into disrepute, “deliberately challenged Supreme Court rulings” and “serially held [the court] in contempt” during press conferences.

The EC’s announcement for dissolving political parties without a minimum membership of 3,000 was in violation of the Supreme Court judgment that struck down articles in the Political Parties Act, the verdict stated.

Moreover, Fuwad Thowfeek’s public statements against the Supreme Court’s “procedures and jurisdictions” contravened the Judicature Act and constituted an act in violation of article 141 of the constitution – which states, “No officials performing public functions, or any other persons, shall interfere with and influence the functions of the courts.”

The court determined that the president and vice president must bear responsibility for “disobeying and challenging” Supreme Court judgments and orders, which were issued in its capacity as “the guardian of the constitution.”

Fuwad and Fayaz’s actions also contravened article 145(c) – which states, “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 court ruled that the pair had “lost the right and legal status to remain members of the commission” and declared the seats vacant.

“Practical difficulties”

While testimony given to a parliamentary committee was used to implicate commission members of contempt of court at the second hearing, at the last hearing of the ‘sumoto’ trial on March 5 the Supreme Court imposed a travel ban on EC members pending a judgment.

Following the Supreme Court’s summoning of EC members last month, former President Mohamed Nasheed declared that the MDP will boycott the parliamentary elections if the court removes EC members.

The Supreme Court’s actions have also been been criticised by civil society and the European Union.

Speaking to Minivan News tonight, Thowfeek said he was unsure how the parliamentary polls could take place as scheduled in less than two weeks.

He noted that the president would have to invite applications from interested candidates for the three vacant EC posts and forward nominees to parliament, after which a parliamentary committee would evaluate the nominees ahead of a vote on the Majlis floor.

“It’s very difficult for me to say anything because the Supreme Court reason given for our punishment is because of when I spoke about the impracticality of the 16 point guidelines,” he said.

“When I talk about the practical difficulties, they say nobody is supposed to talk about the practical difficulties.”

Today’s Supreme Court judgment meanwhile stated that Thowfeek had admitted to attempting to hold the second round of last year’s presidential election despite a Supreme Court stay order halting the electoral process.

Following the first round in which former President Mohamed Nasheed emerged the frontrunner with 45.45 percent of the vote, third-placed candidate Gasim Ibrahim sought annulment of the results alleging widespread electoral fraud.

Pending a ruling on the business magnate’s appeal, the Supreme Court indefinitely suspended the second round scheduled for September 28 and issued a supplementary midnight ruling ordering the police and military to forcibly prevent the EC from conducting the polls.

The EC had said it intended to comply with the constitutionally-mandated deadline for the run-off, but was forced to capitulate after it was surrounded by special operations police with orders to storm the building, arrest officials and confiscate ballot papers.

On October 7, the Supreme Court annulled the results of the first round of the polls conducted on September 7 in a controversial 4-3 decision – citing a confidential police report – despite unanimous positive assessment of the polling by more than a thousand domestic and international election observers.

The eventual revote on October 19 was also obstructed by police, after Progressive Party of Maldives candidate Abdulla Yameen and Gasim refused to sign the voter registry – a requirement from a 16-point guideline imposed on the EC by the Supreme Court judgment.

* A previous version of this article stated that all four members were sentenced to jail. The Supreme Court verdict later shared with the media however stated that only Fuwad Thowfeek was sentenced.

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EU Election Observation Mission reveals monitoring plans

In preparation for the upcoming People’s Majlis elections, the European Union has implemented a full EU Election Observation Mission (EOM) in order to deter malpractice and support the democratic process.

The mission is led by Chief Observer Eduard Kukan – a member of the European Parliament from Slovakia and former Minister for Foreign affairs. Mr Kukan introduced the EU EOM at a press conference held in Malé today (March 9).

“The mission comprises of five election experts who are being joined by four long-term observers on 9th March. Some 20 short-term observers will be deployed closer to election day,” the statement read.

“This will be the first full EU Election Observation Mission to take place in the Maldives, and I hope that our presence will contribute to a peaceful and inclusive democratic environment for the benefit of the Maldivian people,” Mr Kukan added.

Prior to and during the elections, the observers will meet with everyone involved, and will look at the entire electoral process.

“The findings of the EU elections missions are based on verifying facts following an analysis of all technical aspects,” Mr Kukan noted.

The EOM is to work independently to give an “impartial, balanced and informed analyses of the elections”. In doing so, the mission hopes to monitor the extent to which the election complies with the country’s international democratic commitments and to domestic law.

Their findings will be published in a report intended to strengthen human rights and the rule of law, to deter malpractice, and to improve the electoral environment. The report will also make concrete recommendations to help improve the electoral framework.

The EU was invited to conduct the mission by the Maldives Election Commission (EC). This invitation was independent from any other government organisation, though the EOM has signed a Memorandum of Understanding with the Ministry of Foreign Affairs.

When Mr Kukan was asked if the Supreme Court charges against the EC will affect the forthcoming elections he stated, “we have to be very cautious.”

However, the mission head added that it would be inappropriate to give an assessment or any statement.

This will be the Maldives’ first full EOM, following the EU’s monitoring of the 2013 presidential election which the organisation – along with all monitors, domestic and international – described as “transparent and competitive”.

After the Supreme Court had begun investigating allegations of fraudulent voting, former Attorney General Dr Hassan Saeed, told the court that positive assessments of the September 7 presidential poll by local and international election observers “do not carry much weight”.

“Yes, I even agree that the voting process went very smoothly. But those foreign observers don’t know the depth of the issues. Their words do not carry much weight. Some of the elections which have been observed by the international observers, some people have died, but yet they have reported the election went smoothly,” Saeed told the court.

The Supreme Court subsequently annulled the first round of the election, imposing a set of 16 guidelines upon the future activities of the EC.

A preliminary statement of the current mission’s findings will be announced at a press conference to be held within two days of the elections, which take place on March 22.

Following this, a final report will be published two months after the elections.

The mission will operate in line with the “Declaration of Principles for International Election Observation”, which was adopted in 2005 by a number of international organisations at the United Nations in New York.

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Deputy PG calls on authorities to take religious extremism more seriously

Deputy Prosecutor General Hussein Shameem has called on authorities to take terrorism issues more seriously, noting the most common source comes from religious extremism.

”We should become more proactive and stop complaining about the missing laws,” he told Minivan News today. ”There are things we can still do to curb crimes although some of the necessary laws are still not passed.”

Shameem noted that the current Terrorism Act was adequate, but the lack of laws such as the Evidence Act was an issue.

Speaking at a ceremony held to commence a police terrorism-training course last night, Shameem told attendees that past incidents of terrorism occurred in the Maldives due to a lack of discussion on the issue of religious extremism.

While the absence of  laws to stop some types of crimes was a problem, Shameem stated that it was not a reason for police to stop work on combating them. He advised authorities to follow international best practice in a manner that respects suspects’ constitutional rights.

He also said that the police must be two steps ahead when laws pertaining to the issue come into existence in the Maldives.

Shameem’s comments echoed those of the Minister for Islamic Affairs Sheikh Mohamed Shaheem Ali Saeed,who has also suggested that religious differences in the country could be solved “if we sit down and share religious information”.

The minister’s comments followed Malé City Council’s closure of the Dharumavantha Rasgefaanu mosque after the council received complaints from the Home Ministry that the mosque was being used by an extremist congregation who had been advocating for the destruction of the current government.

The congregation were praying that Allah would give victory against the “irreligious” government which attempts to obstruct the spreading of Allah’s message and to shut down mosques. Requesting victory, they also asked Allah to destroy and send his wrath upon military and police officers implementing the government’s orders.

In August 2013, Sheikh Shaheem had expressed concern that Friday prayers conducted in the mosque were not conducted by state authorised Imams.

Terrorist risk

In May 2013, the then-Chief of Defence Force Major General Ahmed Shiyam warned of a rising risk of terrorist attack in the Maldives, during a joint local and US military inauguration to establish a level of alerts for terrorism in the country.

Shiyam cautioned against assuming the country was completely safe from terrorist attacks simply based on the fact that no major terrorist activities have been uncovered in the country to date, warning there was an increased risk attacks stemming from “religious extremism and political turmoil”.

“Some [Maldivian] youth have already joined up with terrorist organisations. They are now travelling to various war zones and locations and enrolling in a number of terrorist training camps,” said Shiyam.

“Although some of these youth have managed to travel back to this country, the whereabouts of others remain unknown. This is a warning sign of how terrorism is spreading across our country,” Shiyam said at the time.

He also said that it was immensely important for the security forces to be well-trained in counter-terrorism measures and to ensure the forces remain ready to respond should such an incident occur.

In April 2013, an article published by the Combating Terrorism Center (CTC) entitled ‘The Threat from Rising Extremism in the Maldives‘ stated that in April 2006, a Maldivian national, Ali Jaleel, and a small group of jihadists from the Maldives attempted to travel to Pakistan to train for violent jihad in Afghanistan or Iraq.

The only incident of a terrorist attack on Maldivian soil was the Sultan Park bombing in September 2007.

A bomb exploded in the Malé’s park, wounding 12 foreigners. The three men arrested and later jailed for the bombing confessed that their goal was to “target, attack and injure non-Muslims to fulfill jihad,” noted the CTC report.

After the investigations of security services led to Darul-Khair mosque on Himandhoo Island, police were confronted by 90 islanders, who had armed themselves with batons and knives, vowing to defend the mosque to the last man.

In the ensuing skirmish, a soldier was taken captive and another’s hand was severed. Shortly afterwards a video discovered on an Al Qaeda forum was found to contain footage taken inside the Dhar-al-khuir mosque moments before it was raided by police.

Evidence suggests that three Maldivian jihadists planned to establish a terrorist group in the country around 2007-2008 and send members for military training in Pakistan.

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MDP asks High Court to halt Feydhoo primary election court case

The Maldivian Democratic Party (MDP) has asked the High Court to issue an injunction halting the ongoing Civil Court case filed by MDP MP Alhan Fahmy disputing the result of the party’s Feydhoo constituency primary election.

The party asked that the case be halted until deliberations were concluded on a procedural issue raised with the High Court.

The MDP had suggested that the Civil Court could not proceed with the case as Alhan had not completed all the party’s internal appeal procedures.

Newspaper Haveeru reported that Alhan told the High Court bench today that an injunction against court proceedings could only be issued in situations where either the defendant or respondent might face damage beyond repair should the case continue.

Judges questioned the MDP’s lawyer as to whether the party charter specified that a member could not file a lawsuit against a party decision without first taking the case to the party’s appeal committee, reported the paper.

The MDP lawyer acknowledged that the charter did not state that a member could not file a lawsuit.

The party’s legal representatives did note that Alhan’s stabbing – from which he has been recovering in Sri Lanka – came 18 hours after the party announced the primary results for Feydhoo constituency, giving him time to have filed a case with the appeal committee.

After losing the contest for this month’s Majlis elections to Mohamed Nihad in February, Alhan claimed that the list used on polling day was different from the eligible voter lists, and that any candidate who won the party ticket through a fraudulent vote could not be a valid one.

Last week, the Civil Court informed Alhan that it was beyond its jurisdiction to invalidate the candidacy of Nihad.

Alhan has called for a fresh vote in the constituency, claiming the voter list used at polling stations was outdated and did not afford 67 party members the right to vote.

The MDP’s election committee confirmed that 67 members were missing from the list at the ballot box, but decided against holding a re-vote, arguing that the primary outcome would not change even if these members were allowed to vote.

On February 1 – the same day Alhan announced that he would file a case with the court to cancel the primary – he was stabbed while at Breakwater cafe in the artificial beach area of Malé.

Following the attack Alhan’s left leg was paralysed though he has since regained the ability to walk with the aid of a crutch.

Alhan rejoined the MDP in June 2013 after an apparently acrimonious departure in April of the previous year. Party vice president at the time, Alhan was ejected – alongside party President Dr Ibrahim Didi – after the pair publicly questioned the MDP’s official interpretation of the February 7 ousting of President Mohamed Nasheed.

The Feydhoo MP subsequently organised a rally – sparsely attended – calling for the freeing of the MDP from the influence of Nasheed. Alhan subsequently joined the government-aligned Jumhooree Party.

The MP was initially elected to parliament on a Dhivehi Rayithunge Party (DRP) ticket, making him one of the few MPs to have been a member of almost every major political party represented in parliament, barring the DRP’s splinter party, the Progressive Party of the Maldives (PPM).

Alhan is now contesting in the parliament election as an independent candidate.

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ARC launches ‘Respect’ campaign against bullying

Childrens’ rights NGO Advocating for the Rights of Children (ARC) on Saturday launched a campaign against bullying and discrimination titled ‘Respect’.

The campaign aims to raise awareness of these issues among children in order to equip them to respect both themselves and others’ boundaries and surroundings.

The ‘Respect’ campaign was initiated as a result of a survey conducted by the NGO in 2012, which “showed alarming statistics of bullying in schools”.

Under the campaign, a number of sessions will focus on anti-bullying and anti-discrimination with the primary aim of supporting students, teachers, and parents to promote positive and respectful behaviour and to create safe and healthy environments for children.

Launching the campaign this weekend, ARC held events at the Children’s Shelter and Muhyidheen School in the island of Villingili. The campaign includes a week-long programme consisting of material to teach the children how to acknowledge and accept differences between themselves and others.

The programme will help participants understand the term ‘bullying’, to identify bullying behaviour, and to recognise the emotional and psychological impacts of such behaviour. Children taking part will also learn the difference between assertive, aggressive, and passive communication and will learn to use assertive communication to stop or prevent bullying.

The programme involves both indoor and outdoor activities over the span of a week. Participants in the first of the series of programmes include 58 students from Grade 1 at Muhyidheen School and children ages 6 and over from the Children’s Shelter.

‘Respect’ will be conducted by foreign consultant Karen Boswell and ARC’s Senior Consultant on Education Fathimath Nahidh Shakir.

Background

A 2012 survey conducted across grades 6 and 7 in all primary schools in capital city Malé, Hulhumalé, and Villingili found that 80 percent of students claimed to have seen another student being bullied or discriminated against, while 61 percent of the participants revealed that they had been bullied themselves.

Of those interviewed, 17 percent admitted to having bullied other students.

Regarding types of bullying, 15 percent noted being physically hurt, 28 percent had rumours and lies spread about them, and 32 percent reported having been teased.

Participants reported that 10 percent of bullying incidents took place near the toilets in school, 14 percent in school playgrounds, 16 percent in corridors, and 37 per cent in classrooms.

Almost half of the bullying victims – 45 percent – did not report bullying incidents to anyone. Of those who did, 49 percent of complaints were made to teachers and 45 percent to parents.

Those surveyed suggested that physical appearance was the primary reason for bullying – 36 percent giving this explanation – while personality, academic performance, and differences of opinion were cited as the next most prominent causes.

The report revealed that children felt bullying could be prevented by anti-bullying policies (19 percent), increased adult supervision (17 percent), and raising awareness of the issue (16 percent).

The ‘Respect’ campaign will stretch through out 2014 and will be held in various preschools, primary, and secondary schools.

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Man arrested for assaulting ex-wife

Police have arrested a person on Friday night from the island of Guraidhoo in Kaafu atoll on charges of assault against his former wife.

Local media have reported that the man was arrested after he assaulted his former wife in a deserted house on Friday night. It was further stated that, in addition to scratches on her face, various parts of the woman’s body was observed to be severely swollen.

Following initial medical attention received from the island’s Health Centre, the woman is now receiving further treatment in Indhira Gandhi Memorial Hospital (IGMH) in capital city Malé.

On March 8, the Criminal Court extended the man’s detention by 12 days.

A police media official stated that they cannot reveal details of the persons involved as the investigation is currently ongoing.

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