Month: March 2014

EC dismissals: President pledges to abide by court ruling, criticises MDP boycott talk

President Abdulla Yameen has said the government will ensure that rule of law prevails, and that executive will respect and abide by Supreme Court rulings.

“God willing, my government will definitely uphold the rule of law. All entities of my government will abide by the Supreme Court ruling,” Yameen said last night.

Speaking at the campaign launching ceremony of ruling Progressive Party of Maldives’ (PPM) VilliMalé constituency candidate Ahmed Nihan, Yameen stated that it was not acceptable practice in “civilised societies” for other institutions to criticise decisions made by the Supreme Court.

However, when Nihan himself was asked about the courts decision on Sunday evening, the MP expressed his reluctance to make any comment.

“I would have to really think twice before I go ahead and say anything about the Supreme Court,” he said. “The Supreme Court may think that it’s a contempt of law if I said anything.”

Announcing that the President’s Office had called for applications to the vacant posts in the Elections Commission (EC), Yameen reiterated the government’s stand that it would complete all necessary preparations to hold the Majlis elections on March 22 as stipulated by the apex court’s ruling.

“We are working to ensure that we have some names by 3pm on Thursday. God willing, we will complete the work tasked to us by the Supreme Court within the six days they have assigned to us,” he continued.

Yameen stated that his government would not question verdicts released by the Supreme Court and that his administration had complete respect for the judges on the bench.

However, the president did admit that judicial reform must be discussed, adding that “this includes the issue of delays in case completion. Even MDP [opposition Maldivian Democratic Party] members will accept that there are some cases that have been halted midway.”

“Even President Nasheed himself will believe that there are certain cases which do not proceed at all in our judiciary,” said Yameen.

“You can’t achieve results by playing the game off the field”: Yameen

President Yameen further stated that he finds the tendency of first world countries to “interfere” in internal matters of small countries in a manner that contradicts “the lessons in governance that they continue to deliver” to be highly concerning.

“I have even previously stated when I was working in the presidential campaign that in our administration, we will maintain the independence and sovereignty of deciding on our internal affairs in Maldivian hands. God willing, our government will achieve that,” he stated.

Referring to the opposition party’s consideration of boycotting the upcoming parliamentary elections, Yameen argued that “you can’t achieve results by playing the game off the field”.

He called on the MDP members to participate in the elections and join the parliament if they wanted to bring reforms, especially to the judiciary.

“I want to say to all MDP members that the Maldives is a country belonging to every one of us. This is not particularly Adhaalath Party’s Maldives. Nor is it specifically PPM’s Maldives. Nor is it Jumhooree Party’s Maldives. And especially, this is not just the MDP’s Maldives. This country belongs to all of us,” Yameen stated.

He stated that the MDP should not resort to boycotting the elections, and must come out and vote. He added that it is crucial in a modern society to demonstrate via parliament how one should act when power begins from the people.

“Depriving membership for themselves from an institution elected for a five year term – depriving their members from their right to have their feelings expressed – this is not a manner in which a political party would act in a modern environment,” the president said.

Meanwhile, the MDP held a meeting of its National Council yesterday night with the intention of deciding whether or not to boycott the approaching polls.

While the meeting was closed to media, some local news outlets were able to report proceedings.

According to local media, two proposals were made at the meeting – former President Nasheed proposed boycotting the upcoming elections and protest the Supreme Court’s decision, while another unnamed member is said to have proposed that the party protest but that it still participate in the election.

The meeting was brought to a halt by Chairperson ‘Reeko’ Moosa Manik citing differences of opinion, with a follow up meeting to be scheduled in the near future.

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IUCN holding a free seminar on sustainable manta tourism

The International Union for the Conservation of Nature Maldives is holding a seminar to inform local residents about sustainable practises in “manta tourism” in the Maldives.

The free public seminar will be held on this Saturday (March 15), from 10:00 – 12:00 at the Faculty of Education Auditorium, Ameenee Building, Malé.

Based on surveys of experienced divers and tourists, the manta-related touristic activity is estimated to be worth about US$8.1 million per year in direct revenue.

There is a concern, however, that the large numbers of tourists flocking to popular manta sites could be having a negative impact on manta numbers.

The seminar will discuss different options for developing a responsible ‘manta Tourism’ and will describe some best practices to follow while viewing mantas because preventing disturbances will help keep a healthy population of rays in the Maldives.

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EC dismissals: Majlis says commissioners’ removal was unconstitutional

The People’s Majlis has written to the chief justice and the attorney general, stating that the president and vice president of the Election Commission (EC) were removed contrary to the constitutional procedures governing their appointment and dismissal.

The letter – signed by Speaker Abdulla Shahid and Deputy Speaker Ahmed Nazim – also noted that the move contravened the Elections Commission Act.

According to Majlis, the content of the letter was based on legal advice of parliament’s counsel general after her analysis of the Supreme Court’s verdict.

The Supreme Court yesterday sentenced EC President Fuwad Thowfeek to six months imprisonment under Article 88(a) of the penal code, and ordered the enforcement of the sentence be delayed for a period of three years.

The verdict also declared that Fuwad and Vice President Ahmed Fayaz had “lost the right and legal status to remain members of the commission and that the pair’s seats on the commission have become vacant”.

The letter stated that it was the People’s Majlis which is tasked with the appointment and removal of EC members, and that for any given reason a member of that commission can only be removed by a simple majority of votes in a parliament sitting as “clearly stated” in Article 177 of the constitution and Article 14 of the Elections Commission Act.

“Referring to the said article of the constitution and the elections commission act, it is clear that the authority to appoint and remove member from that commission is especially reserved for the People’s Majlis without the involvement of any other party.”

The letter also said that the removal of the pair by the Supreme Court contravenes the procedures specified in Article 177 of the constitution and Articles 5, 10, and 14 of the EC Act.

The letter referred to a number of statements from the Supreme Court’s verdict nullifying parliament’s removal of Mohamed Fahmy Hassan from the Civil Service Commission (CSC) in March last year.

The Majlis today noted that the constitutional procedures for removing EC members and CSC members were the same, saying that the court’s previous ruling had said the following:

“It is clear from the letter of the constitution that the constitution does not allow any of the three powers of the state to carry out the constitutional jurisdiction or functions of another, and that it is clearly stated that the system of separation of powers, and check and balance established between three powers by constitution is an principal feature of the constitutional system and the constitution of the Maldives.”

Referring to the same verdict, the letter said that the court had stated that “all powers of the state should fulfil their jurisdictions and functions within the constitutional limits set for that power by the constitution”.

The same ruling also stated that constitutional procedures regarding independent institutions are there to ensure their independence. In this regard, the verdict noted that tasking the executive with appointment, the parliament with removal and accountability, and the chief justice with oath taking are also check and balance procedures established under the constitutional principle of separation of powers.

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MWSC contracted to establish water and sewerage systems in three islands

The Ministry of Environment has on Monday contracted the state enterprise Maldives Water and Sewerage Company (MWSC) to build water and sewerage systems in three islands –  Mulah and Dhiggaru in Meemu Atoll and Maamigili in Alif Dhaalu Atoll.

The Environment Ministry stated that the main objective behind contracting the work to MWSC was to bring down the expenses that the state will need to spend on the projects, stating that the move saved 20 percent of the total cost.

The ministry further stated that physical work on the projects is expected to begin within a week from today.

MWSC stated that they have planned to complete the work in a period of 18 months. They further revealed that a total of MVR140 million (US$9 million) is estimated to be spent on the project.

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Criminal Court orders police to present Zaki and Siyam to hearing

The Criminal Court has released an order on Sunday asking the police to keep government coalition partner Maldivian Development Alliance leader and owner of Sun Travels Ahmed Siyam and Nasheed administration’s Special Envoy Ibrahim Hussain Zaki in police custody and to present them to court hearings.

The order was released as the court has been unable to deliver the summons for the hearings to the two individuals.

Siyam is being summoned to court regarding a case where customs discovered he had tried to bring in a bottle of alcohol in his luggage to the Maldives in March 2012.

Zaki is being tried for a case against him for possessing drugs and alcohol during a police raid of the island of Hondaidhoo in November 2012 where he and a number of others, including MDP parliament members Abdulla Jabir and Hamid Abdul Ghafoor were arrested.

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Economic Council to decide on how to proceed with TATA flats

Minister of Housing and Infrastructure Dr Mohamed Muizzu has stated on Monday that a decision on how to proceed with the flats constructed by Indian construction Company TATA can be made only after the Economic Council deliberates and decides on the matter.

The minister stated that it had been noticed that no physical work had been constructed at the site of the flats since the structure had been built. He said that the government has already held discussions with the subcontractor after work was halted.

“At the time, the concerns they raised had to do with agreements and amendments made to agreements before we started leading the ministry during the Waheed administration,” Muizzu is quoted as saying in local media.

“As the matters were raised outside the agreed contract, and the whole concept is a developer finance concept project, we were unable to accommodate their requests and we left it at that then.”

According to Muizzu, the current delays are due to the government’s refusal to conduct any work outside of the agreement.

“It is when the Economic Council decides on the manner that we will know how to proceed. We have even been deliberating with the Indian High Commission about the matter of work on these flats being halted,” he stated.

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Government commence student health screening

The Maldives National Defence Force (MNDF) has commenced their student health screening project as part of the governments pledges. Local media reported that the MNDF have so far screened up to 600 students.

This initiative is being carried out as part of a joint agreement between Education Ministry, Health Ministry and the MNDF.

Education Minister Dr Aishath Shiyam said that neglect of small health issues in children has led to obstructions in their studies and development, an issue that the government is trying to overcome.

“With the combined work of the health ministry and the education ministry, health screening shall be administered to all the first grade students in all the schools of Maldives. The health screening we have done so far proves how important a service this is for school students,” she said.

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EC dismissals: Translation of Supreme Court verdict

The following is an unofficial translation of the Supreme Court verdict removing Elections Commission (EC) President Fuwad Thowfeek and Vice President Ahmed Fayaz from their posts for contempt of court.

While the verdict delivered in court included an order for the relevant authorities to investigate EC members for contempt of court “through criminal justice procedures,” the copy of the verdict later shared with media did not include such an order.

The Supreme Court has reportedly insisted that there was no difference between the verdict read out at court and the copy shared with media hours later.

Although Minivan News attended the trial, the reporting of the sentencing was based on the consensus of journalists in attendance after confusion concerning the jail sentence.

Local media reported without exception that all four EC members were sentenced to jail. However, the verdict later shared with media stated that only Fuwad Thowfeek was sentenced.

Meanwhile, Thowfeek as well as observers from civil society organisations inside the court room were under the impression that both Thowfeek and Fayaz were sentenced.

“The Supreme Court said they are giving six months jail term to Vice Chair Fayaz and me and that will be executed after a three year period and that we have been removed from out position in the elections commission and we are no longer Elections Commission members,” Thowfeek told Minivan News last night.

Contacted by Minivan News today, a Supreme Court media official declined to confirm or deny any discrepancies. The full judgment (Dhivehi) including the reasoning and dissenting opinions was uploaded to the Supreme Court website today.

Verdict:

Whereas the right to vote in elections and public referendums and to take part in the conduct of public affairs directly or through freely chosen representatives is guaranteed for every citizen of the Maldives 18 years of age or older by Article 26 of the constitution of the Republic of Maldives; and while ensuring that all elections and public referendums are conducted freely and fairly, without intimidation, aggression, undue influence or corruption is stipulated by Article 170 of the constitution; and as the Elections Commission had not complied with both the Supreme Court judgment in case number 2013/SC-C/11 that struck down articles eight and 11 of law number 4/2013 (Political Parties Act), which required a minimum of 10,000 members to register and operate a political party, since it was in conflict with both the constitution of Republic of Maldives as well as practices of developed democratic societies in the world, and the Supreme Court order 2014/SC-SJ/01 – issued after the Elections Commission announced its intention of dissolving political parties with less than 3,000 members in violation of the judgment delivered in the case – ordering the Elections Commission not to dissolve political parties already registered in the Maldives despite not having a minimum of 3,000 members for reasons specified in Supreme Court case number 2013/SC-C/11, stating that dissolving parties already registered on the basis that a political party’s registry should include 3,000 members would be a violation of the constitution and the judgment in the Supreme Court case number 2013/SC-C/11, and that parties registered under the previous political parties regulation will continue to exist without being dissolved; and as the Elections Commission’s senior officials have openly displayed disobedience to articles 141(c) and (d) and 145 (c) of the constitution and articles 20(b) and 77‡‡ of the Judicature Act through the media and challenged the Supreme Court’s rex judicata [a matter already judged] judgment in case number 2013/SC-C/42 as well as the orders related to the 2013 presidential election that were issued to protect the basic rights guaranteed by the constitution for Maldivian citizens, to uphold the rule of law, to protect the constitutional right of Maldivians to vote in elections, and in public referendums, conducted freely and fairly, without intimidation, aggression, undue influence or corruption and to guarantee that elections are held under the conditions specified under Article 170 of the constitution, obstructed justice and brought the court into disrepute, in addition to the commission’s President Fuwad Thowfeek’s statements made during the trial against the Supreme Court’s procedures and jurisdictions, which held the court in contempt, and since these actions of Fuwad Thowfeek are such that it could diminish the dignity of the courts stated in Article 141*(c) and (d) of the constitution, [we] sentence Fuwad Thowfeek of Ma. Thalhamudhige to six months imprisonment under Article 88(a) of the penal code, and order that the enforcement of the sentence be delayed for a period of three years, with reference to Article 88 of the Supreme Court regulations, under the Supreme Court’s powers and responsibilities granted by articles 11††(1)(2)(3), 9(f) and 22‡of the Judicature Act to establish justice, prevent the misuse of the judiciary and uphold the honour and dignity of the judiciary as stated in Article 141 of the constitution; and since after assuming the responsibilities of their posts with an oath to uphold the constitution, the Elections Commission’s President Fuwad Thowfeek and Vice President Ahmed Fayaz, who have to bear the responsibility of running the Elections Commission in accordance with the law, stepped aside from fulfilling their legal responsibilities, challenged and disobeyed judgments and orders issued by the Supreme Court in its capacity as the guardian of the constitution and laws, (we) determine that Elections Commission President Fuwad Thowfeek of Ma. Thalhamudhige, and Vice President Ahmed Fayaz of M. Hazaareevilla, must legally bear responsibility as the two seniormost officials of the commission for disobeying and challenging Supreme Court judgments outlining the legal perspective as well as the court’s orders, and since these actions contravene Article 145 (c)** of the constitution and Article 20 of the Judicature Act and diminishes the dignity granted to the court by Article 141(c) and (d), [we] declare that Elections Commission President Fuwad Thowfeek of Ma. Thalhamudhige, and Vice President Ahmed Fayaz of M. Hazaareevilla, have lost the right and legal status to remain members of the commission and that the pair’s seats on the commission have become vacant, under the powers and responsibilities granted to the Supreme Court by articles 11(1)(2 (3), 9(f)† and 22 of the Judicature Act to establish justice and prevent the misuse of the judiciary and to uphold the honour and dignity of the judiciary as stated in Article 141 of the constitution and with reference to Article 88 of the Supreme Court regulations ; and [we] order the executive, parliament and the Elections Commission to complete all the necessary arrangements for conducting the People’s Majlis elections which are to be held in 2014 on the date for which it has been scheduled within the next six days (including holidays), and order the Elections Commission and all relevant state institutions to hold the election as planned.

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*Article 141 of the constitution states, “(a) The judicial power is vested in the Supreme Court, the High Court, and such Trial Courts as established by law (b) The Supreme Court shall be the highest authority for the administration of justice in the Maldives. The Chief Justice shall be the highest authority on the Supreme Court. All matters adjudicated before the Supreme Court shall be decided upon by a majority of the judges sitting together in session (c) No officials performing public functions, or any other persons, shall interfere with and influence the functions of the courts (d) Persons or bodies performing public functions, through legislative and other measures, must assist and protect the courts to ensure the independence, eminence, dignity, impartiality, accessibility and effectiveness of the courts.

**Article 145 (c) 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.”

†Article 9(f) of the Judicature Act states that the Supreme Court’s jurisdiction extends to “all matters adjudicated by the Supreme Court under the powers bestowed upon the court as the highest authority for the administration of justice.”

††Article 11(a) states, “The Supreme Court has the jurisdiction to adjudicate on constitutional issues with the following characteristics as matters within the inherent jurisdiction of the Supreme Court: 1. An issue with legal reasons which may send the country into a constitutional void or remove it from the constitutional framework; or 2. A dispute between two powers or institutions of the state regarding the interpretation of the Constitution; or 3. A constitutional issue concerning public interest of the nation.”

‡Article 22 states, “In addition to the powers conferred on the Supreme Court in its own right by the constitution and the jurisdiction of the court laid out under various articles of this Act, the Supreme Court has the jurisdiction to do the following: a) The power to give all orders under this Act and the Supreme Court Regulation, relating to a matter ora case submitted to the court, and to administer justice with regard to such matters or cases, and to take necessary actions to prevent the misuse of the judicial system and to uphold the confidence in the judicial system, b) In its own initiative or at the behest of a concerned party, in order to administer justice and to prevent the exploitation of the judicial system the power to issue various orders in accordance with the law, if any party is found to have violated this law or any principles of the Supreme Court regulation, c) In accordance with the law and regulation, the power to summon people in relation to a case or matter submitted to the Supreme Court, d) In relation to a case or matter submitted to the Supreme Court and for the purpose of finding the truth or any facts surrounding the case, the power to pose any question to any witness or party to the case at any time or in any manner, e) The power to issue an order requesting for the submission of any document required by the court in relation to a case or matter submitted to the Supreme Court.”

‡‡Article 77 states, “In carrying out the ruling of a court if it has not be delayed by that court or a court where the case was appealed, the ruling of every court is binding towards, the executive,parliament, the judiciary, persons in independent positions, state institutions, persons fulfilling state positions, the security service sector composing of the police and defence force and all other members of the public.”

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EC dismissals: MDP condemns, government coalition commends decision

Following the Supreme Court’s removal of Elections Commission (EC) President Fuwad Thowfeek and Vice President Ahmed Fayaz from their posts, responses have come from across the political spectrum.

While coalition partner Jumhooree Party (JP) leader and tourism tycoon Gasim Ibrahim has spoken in support of the court’s decision, senior members of the opposition Maldivian Democratic Party (MDP) have condemned the verdict, with former President Mohamed Nasheed appealing to the public to stage demonstrations.

Meanwhile, the government has announced that it will proceed with setting in place arrangements to ensure that the upcoming Parliamentary elections are held on schedule on March 22.

Verdict must not be challenged: Gasim

Gasim has stated that no one holding any state position should challenge the verdict of the apex court, which he has claimed demonstrated that no one in any state position can act against any decision of the Supreme Court.

Speaking at an event held at the JP’s central campaign office Kunooz on Sunday night, he asserted that the verdict was the direct result of the actions of EC President Fuwad Thowfeek. Fuwad himself had admitted to having acted against the orders of the Supreme Court, he added.

“The reason why I am praising the decision of the Supreme Court is because, in order to maintain national unity and peace, this verdict has demonstrated that no one can act in breach of the rule of law,” Gasim is quoted as saying in local media.

Gasim stated that the final decisions lie with the apex court, and no one – including the parliament – can challenge these decisions. He called upon those displeased with the court’s verdict to “adopt the way of peaceful dialogue instead of taking to the streets and protesting”.

Nasheed calls on citizens to protest

Speaking at a political rally in the island of Dhihdhoo on Sunday night, former President Mohamed Nasheed described the verdict as “unconstitutional” and called on citizens to come out in protest.

He stated that it was the saddest moment in the constitutional history of the Maldives, accusing the apex court of “undermining the constitution which consists of high hopes of the citizens” and of “stripping independent commissions of their powers”.

“Tonight we are seeing the Supreme Court undermine the constitution of the Maldives by leaving the EC powerless and sentencing its president and vice president to jail.”

“It is the parliament that is tasked with oversight of the work of the EC. The constitution very clearly states this. Tonight we have seen [the Supreme Court] attempt to undermine the hopes of a large number of citizens”.

Nasheed stated that the new constitution of the Maldives was set in place and accepted by the people due to the bitter experiences that they had previously known.

“It was because injustice, discrimination, and inequality had settled among us to alarming extent. The Maldivian people wanted to enjoy the country’s richness to its full extent, Maldivians wanted to enjoy the certainty of having human rights safeguarded at its fullest. They wanted justice to be served in the Maldives.”

“If the elections are not held in a free and fair manner, then the resulting government will not be free or fair either,” Nasheed stated, calling on citizens to get strength from one another, to overcome their fears, and to come out in protest against the Supreme Court’s decision.

Nasheed said that the MDP needed to decide whether it will participate in the upcoming parliamentary elections. A meeting of the party’s National Council will take place at 9pm tonight.

Party Chairperson ‘Reeko’ Moosa Manik questioned whether the court had the authority to remove members of the EC, whilst Spokesman Hamid Abdul Ghafoor described the decision as “evidence that we will not see a free and fair election in this country”.

Will take necessary action to implement SC verdict: Government

The government has meanwhile stated that it will take all necessary action to implement the Supreme Court verdict without delay.

“The government will not criticize or challenge this verdict. In the current system of governance, the executive’s role is to implement whatever responsibilities that such an order places on us without further delay. We will proceed to do just that,” President’s Office Spokesman Ibrahim Muaz Ali stated.

The president will work on sending names for the vacant EC posts of the parliament as soon as possible, he said, noting that the court’s verdict ordered the elections to go ahead on schedule.

“The government believes that the parliament should also cooperate in such matters. The sad thing is that this is not the spirit we are seeing from the parliament,” Muaz stated, expressing concern about the delay in parliament in appointing a member to the previously vacated EC position.

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