No-confidence motion delayed after Attorney General calls in sick

Speaker of Parliament Abdulla Shahid has postponed the no-confidence motion against Attorney General (AG) Azima Shakoor, initially scheduled for today (October 28).

According to Majlis officials the speaker made the decision to delay for two days after Shakoor informed him that she was unwell and not able to attend the parliament session.

Article 101(b) of the constitution states that cabinet members must be given at least fourteen days notice of any debate concerning no-confidence motions against themselves, and that the individual has the right to defend themselves – both verbally and in writing – in the sittings of the People’s Majlis

Parliament received the motion on September 25, with the ensuing notice to the AG being delivered on October 1.

The motion has now been rescheduled for October 30.

Cabinet members against whom no-confidence motions are raised are allowed to sit in in the parliamentary debate on the matter. At the sitting, they are given the opportunity defend themselves against the claims raised.

An official from parliament stated that it was the cabinet minister’s decision whether or not they used the opportunity to defend themselves. He said that,while the parliament could proceed with the motion even though the minister is unable to attend, it is at the discretion of the speaker to decide to postpone the motion.

Parliament Speaker Abdulla Shahid and Consul General Fathimath Filza were not responding to calls at the time of press.

The no-confidence motion was submitted to the parliament on September 25 with the signature of 26 Members of Parliament (MPs) – 16 more than is stipulated in the constitution’s article 101(a).

The opposition Maldivian Democratic Party (MDP) previously decided to pursue a no-confidence motion against the AG during a contingency meeting of the party’s National Council on September 20 .

During the debate, MDP MP Ahmed Sameer announced that the party’s parliamentary group had prepared a no-confidence motion against the AG, contending that she had neglected her duties and had advocated on behalf of a political party against the Elections Commission (EC), a state institution.

Meanwhile, Progressive Party of Maldives (PPM) Parliamentary Group’s Deputy Leader Moosa Zameer at the time said that the party would not support the removal of a former council member of the party.

However, with the support of at least six out of ten MPs of the Dhivehi Rayyithunge Party (DRP) – which has pledged support to MDP presidential candidate and former President Mohamed Nasheed in the upcoming election – the MDP would have enough votes in parliament to pass the no-confidence motion.

AG Shakoor was approved to her post by 38 votes in favour in parliament on July 31, with 31 MPs having voted against.

Formerly the lawyer for PPM leader and former president Maumoon Abdul Gayoom, Shukoor was initially appointed AG by sitting President Dr Mohamed Waheed after the controversial transfer of power in February 2012.

She was later reassigned as Minister of Family, Gender and Human Rights – an appointed which subsequently failed to gain the approval of parliament, before the President Waheed re-appointed her to her former position as AG.

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Police seeks public assistance in locating 17 year-old missing boy

Police have asked the public to provide assistance to police in locating a 17 year-old boy who was reported missing by his family.

Police identified the boy as Ibrahim Haseeb, of Gulfaamuge from the island of Isdhoo in Laamu Atoll.

According to police, the boy was last seen wearing a black tshirt and a blue jeans.

Police said that the case was reported yesterday at 6:50am.

The police have asked anyone with information regarding the whereabouts of the boy to contact 119 or 332 2111 or the police Family and Child Protection Department at 979 0163.

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Police call for more responsible demonstrations

Police have today requested that supporters of both the Maldivian Democratic Party (MDP) and the Progressive Party of Maldives (PPM) respect social standards when conducting political demonstrations.

It was explained in a statement released today that police have written to both MDP Chair ‘Reeko’ Moosa Manik, and PPM leader Maumoon Abdul Gayoom to urge the parties to observe the regulations set out in the Peaceful Protest Act.

“The document went on to state that since these were the days of the O/Level exams for many students, the demonstrations and rallies being held all over Male’ with sound systems on pickups or megaphones were disruptive and that the Maldives Police Service has been receiving complaints about the situation,” read today’s statement.

Concern was also expressed regarding the potential disruption to traffic, pedestrians and local businesses. Police also noted that demonstrations outside of individual’s homes was prohibited.

Local media reported that two MDP supporters were detained on Saturday (October 28) as the two parties conducted protests in close proximity to the residence of the Speaker of the Majlis, MDP MP, Abdulla Shahid.

The Majlis yesterday approved a motion to ensure Shahid will assume the presidency should no president-elect be chosen before the the end of the constitutionally specified presidential term on November 11.

The PPM member of parliament boycotted the vote.

Supporters of the MDP occupied the length of Male’s Majeedhee Magu for two evenings following the delay of the scheduled presidential election on October 19 – actions labelled by the police as irresponsible.

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November 2 election date not possible: Elections Commission

The Elections Commission (EC) has this morning said that expediting the presidential polls by one week is not possible after all three candidates requested the election be moved from November 9 to November 2.

The EC has said that the commission lacks the facilities to do so in such a short period.

Speaking to the press outside the EC, Maldivian Democratic Party (MDP) candidate and former president Mohamed Nasheed said that the three candidates would nevertheless continue to discuss concluding the presidential elections by the end of the current presidential term on November 11.

Progressive Party of the Maldives (PPM) candidate Abdulla Yameen also said he had not yet given up hope.

Yameen had requested a meeting with Nasheed and the Jumhooree Party (JP) candidate Gasim Ibrahim at 10:00pm last night after the People’s Majlis passed a resolution to hand over the presidency to the Majlis Speaker – MDP MP Abdulla Shahid – in the absence of a president-elect by November 11.

The PPM and JP had boycotted the Majlis vote, but the resolution passed with the support of 39 MDP and Dhivehi Rayyithunge Party (DRP) MPs.

Speaking to the press outside Traders Hotel last night, Yameen said the three candidates had wanted an elected president to be sworn in at the end of the current presidential term on November 11.

“The most important matter we agreed on was to meet the Elections Commission tomorrow to ensure this election is transparent, credible and acceptable to all citizens. The first aspect of that is to expedite the date for the first round. If the elections [commission] can do it, to hold the election on next Saturday, [November] 2. Along with that, the second round, at the latest on November 9,” Yameen said.

He reiterated that the voter registry must be acceptable to all parties. He claimed the voter registry could be compromised as it was maintained electronically.

The candidates had asked the EC to start verification of re-registration forms immediately and to revise its work plan to hold elections by November 9.

“All of us three candidates want the election to be a fair decision by all citizens. To ensure we do not have to go to the courts again. We will not be unreasonable in this matter. Nasheed, Gasim and Yameen want this list to be accurate,” he said.

Current schedule, past record

According to EC timeline, a draft of the final voter list is to be publicized on November 1 and 2 and re-registration forms will be sent to the Department of National Registration on November 3 for verification.

The voter registry will be finalised, printed and sent to presidential candidates on November 4. Candidates will be asked to sign the voter lists on November 5 and 6.

Qasim said the three candidates will give the EC as much leeway as possible in expediting elections.

“We agreed, on November 11 an elected president must be sworn in. The three candidates [agreed] to give the Elections Commission as much leeway as possible while upholding the basic principles of the Supreme Court,” he said.

Expressing support for an election on November 2, Nasheed said he hoped two rounds of the presidential election are held before November 11.

“We spoke and agreed not to view each other with hatred, or think the other to damage the other, not to take that path, to do what we can to facilitate the development of the nation for the citizens,” Nasheed added.

The November 9 poll is the EC’s fourth attempt at holding presidential elections. The JP sought a vote annulment at the Supreme Court after narrowly placing third in the first round of presidential elections held on September 7.

With the Supreme Court verdict pending as the second round of elections approached on September 28, the EC decided to proceed with polls. However, the Supreme Court issued a midnight injunction ordering police to halt elections preparations.

Shortly afterwards, on October 7, the Supreme Court annulled the September 7 polls, citing widespread electoral fraud despite unanimous domestic and international observer praise of a free and fair electoral conduct.

The apex court ordered a revote by October 20 and delineated 16 electoral guidelines for including obtaining candidates signatures on the voter registry and obtaining police help in dispatching ballot boxes and papers to polling stations.

However, the EC was unable to proceed with polling after police forcibly halted the election at the eleventh hour following the government’s refusal to facilitate polls without the PPM and JP having approved the voter registry.

The PPM and JP have accused the EC of fraud and have called for members to resign.

In an interview with Television Maldives (TVM), EC president Fuwad Thowfeek said the EC requires at least 21 days to hold an election. Fuwad said he could not ask his staff to work like “pharaonic slaves” again.

“The Elections Commission believes it will take us 21 days to hold an election at the earliest. So if we start immediately, November 9 is the earliest date, with a shortened time frame for tasks,” he said.

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Human Rights Commission alleges police intimidation of its staff

The Human Rights Commission of the Maldives (HRCM) has alleged that the police are attempting to intimidate commission staff members following the start of its investigations into what they maintain is police obstruction of the October 19 presidential election.

“The commission believes that what we are facing now is serious, unprecedented and unjustifiable intimidation from the police. We will continue the investigation, while also ensuring that we continue protecting every one of our team members,” HRCM member Jeehan Mahmoodh has told Minivan News.

Jeehan stated that, after criticising the police for acting outside of their mandate when obstructing the Elections Commissions (EC) efforts to conduct the presidential election on October 19, they have been facing what the commission believes to be attempts by the police to intimidate its staff.

Jeehan said that the police had requested the HRCM provide “complete details” of the staff members who witnessed the police’s actions outside of the EC on the morning of October 19.

“In the history of HRCM, we have never before had such a request, where details of individual staff are asked for in relation to an investigation. This just cannot be done,” Jeehan said.

“We responded, invoking Article 27 of the HRCM Act and informed the police that the commission will not compromise the safety of any of our staff members. We also explained that as this is an ongoing investigation we cannot compromise it by providing detailed information regarding the matter,” she continued.

Article 27 of the HRCM Act has two parts, with part (a) stating that, “No criminal or civil suit shall be filed against the President or Vice- President or a member of the Commission in relation to committing or omitting an act in good faith whilst undertaking responsibilities of the commission or exercising the powers of the Commission or the powers conferred to the Commission by a law”.

Part (b) of the same article says “The Commission can only be questioned or a suit can be filed against the Commission in court regarding a component in a report published by the Commission following an inquiry, should sufficient evidence be available to prove the component is false”.

Speaking out on human rights violation is our duty: HRCM

After Commissioner of Police Abdulla Riyaz tweeted saying, “HRCM to seek information after findings revealed!!”, Jeehan’s response echoed the HRCM statement released following the police’s initial suggestions that the HRCM had not made a balanced assessment.

“This is definitely not the first time HRCM has made comments in the instance that we observe a breach of human rights, regardless of who the instigators are. If a human rights violation becomes apparent to the commission, then we have both the right and the responsibility to promptly share this with the general public,” she said.

“For instance, after the events of February 8, 2012, HRCM immediately made a public initial statement on the matter…The police are well aware this is the norm,” she continued.

“Putting it in a different context, let’s say the police see a crime being committed, and arrests a person red-handed at the crime scene. They don’t wait for their full investigation to end, and nor does their investigation end there. But since they saw it happen, they get to make a stand. Similarly, when it is evident that a human rights violation has been committed, the commission will take a stand,” she said.

October 19

Jeehan also spoke to Minivan News about the HRCM’s work on October 19, the date intended for a fresh round of elections after the initial September 7 poll was annulled by the Supreme Court.

“Our team – it’s full strength including the commissioners – was on duty by 5:30am on October 19, as we were ready to carry out election observation. We then received reports of police obstructing EC officials, and immediately dispatched investigators to the EC offices. Our staff spoke with the EC Secretary General Asim Abdul Sattar, as well as a number of police officers there. Thereby, our staff are witnesses to the events that took place that day,” she explained.

“HRCM Vice President Tholal was in charge as Commission President Azra was away on hajj pilgrimage. Tholal tried multiple times to reach the police focal point – incidentally the same as the focal point for the EC – Assistance Commissioner of Police Ali Rasheed by phone, and finally sent a text message. ACP Rasheed did not respond to even the text until nearly midnight,” Jeehan continued.

“Tholal then called the Acting Home Minister [Ahmed Shafeeu], who is in effect the oversight over the police force. He asked the minister, and I quote, “why have police obstructed elections?”. The Minister informed us that the obstruction is not a police initiative or decision, and that they are following orders after much deliberation. Contrary to some media reports, the Home Ministry’s statement did not deny our claims that we contacted him and got this response, but rather confirms it,” Jeehan said.

“Police did not act in their own accord”: Home Minister

A press statement of the Home Ministry reads, “As the letter sent by the HRCM to the Police alleging that the police obstructed the elections scheduled for October 19 reveals that when they contacted the Acting Home Minister via phone and asked him why police had obstructed elections, he responded that the police had not acted out of their own accord but on orders that they had received, this ministry feels we must clarify what happened.”

“On the 19th of this month, in a phone conversation, Vice President of HRCM Ahmed Tholal asked why the police had acted in a manner against the government’s statement that it will provide cooperation to holding the election.”

“In response, the Minister had said that the police had not acted on their own accord, and that it had been in accordance with the advice of the relevant government bodies which was based on the verdict of the Supreme Court,” the statement concluded.

Police asks HRCM to identify officers they spoke with on October 19

Jeehan said that the police had also requested the HRCM provide identification details of the police officers that the commission’s investigators had spoken with on the morning of October 19.

“This is information that the police must have. They ought to know which of their officers they dispatched there, and what they did in their line of duty. That was the commission’s response to them, shouldn’t they know who it was?” Jeehan asked.

Jeehan also said that the commission has requested the police to provide an incident report on the events of October 19, as well as copies of all communication they have exchanged with any other institution after the date of the initial annulled election.

“It isn’t at all like the police are claiming on various media. We are not asking for information after reaching a conclusion. We made that initial statement that police obstructed elections based on our observations, and the fact that our staff were witness to it. We are now conducting a procedural investigation of the matter,” Jeehan explained.

“Furthermore, we have asked for copies of any communication between the police and any other institution from beyond the date of the obstructed election for an investigation that is based on other additional information we have received. We cannot yet reveal the details of this as it may compromise the investigation, but it will be made public upon completion,” she continued.

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UK Foreign Office concerned over damage to Maldives’ reputation and economy

Minister of State at the Foreign and Commonwealth Office (FCO) Hugo Swire has expressed concern that the Maldives international reputation and its economy could be damaged, in spite of the efforts of the country’s elections commission.

Members of the UK Parliament again called for a House of Commons debate on the current situation in the Maldives last week, with Conservative member John Glen taking aim at the administration of President Dr Mohamed Waheed.

“Last Saturday, presidential elections were once again postponed in the Maldives when President Waheed and his puppet interim Government of the previous elected President refused to step aside,” asked Salisbury MP Glen.

“Will the Deputy Leader of the House make time for a debate so that MPs on both sides of the House can voice their support for free and fair elections in that country?”

Glen’s request for a full debate on the delayed elections follow a similar request made by fellow-Conservative Robert Buckland the week before, who expressed his “concern that authorities are trying to obstruct the return to power of President Nasheed, who was ousted in a coup last year and who clearly won an election that was described by international observers as free and fair?”

Responding to the last week’s request, Deputy Leader of the House Tom Brake agreed that it was important for candidates to engage in a process that would ensure fair elections and a smooth transition of power.

“It is important that elections take place to a timing specified by the Maldives elections commission and in accordance with the Maldives constitution,” said Brake.

The third attempt to complete the presidential election has been scheduled for November 9, with the date for a potential second round on the 16. The constitutionally designated presidential term is set to expire on the 11th – a motion detailing transitional arrangements for the Majlis speaker to take the interim presidency were passed today (October 27).

Brake referred to the prior statement made by the UK’s Foreign Secretary William Hague who announced that he was “deeply dismayed” by the cancellation of the October 19 poll.

The Deputy Leader also pointed out that members would have the opportunity to question the Foreign Minister further during question time on Tuesday (October 29).

Meanwhile, Conservative MP Karen Lumley wrote to FCO minister Swire this week to ask him for his assessment on the Maldives

The secretary of state acknowledged that there was doubt as to whether the electoral process would be resumed.

“We are concerned that further delays could result in damage to Maldives international reputation and economy, despite the best efforts of the Maldives Elections Commission to get the process back on track,” said Swire.

“It is important that the Elections Commission, as an independent body, are given the space needed to make preparations for elections,” he continued, adding that he would be keeping a close eye on developments.

An early day motion introduced in the House of Commons earlier this month requested MPs to support calls for a free and “credible” vote, as well as condemning attempts to bar Maldivian Democratic Party candidate Mohamed Nasheed from competing in future elections.

A case filed in the Supreme Court to bar Nasheed’s candidacy has yet to be withdrawn, despite criticism from both sides of the political divide.

The United Kingdom remains one of the Maldives tourism industry’s biggest markets, although recent arrival figures show negative growth of a fall of  -6.4%  in UK arrivals this year when compared with 2012.

The FCO updated its travel advisory for the Maldives after growing unrest following the delaying of polls.

The guidance urged visitors to keep away from demonstrations: “There is no indication at present that any political unrest will affect tourist resorts or airports, but if you have any concerns you should check with your hotel or tour operator,” the statement read.

The United Kingdom remains one of the Maldives tourism industry’s biggest markets, although recent arrival figures show negative growth of a fall of  -6.4%  in UK arrivals this year when compared with 2012.

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25 year-old Chinese tourist found dead in sea

The body of a 25 year-old Chinese tourist staying at Alsana Velaavaru Resort was found today floating in the sea near the resort, police have reported.

Police said that they received information about the incident today at 11:05am.

The body was discovered by a staff member at the resort, police said.

According to police, doctors said the man was already dead when the body was taken out of the water.

Tourist deaths – usually while snorkeling – are disproportionately higher among Chinese tourists, which now account for a majority of Maldives tourist arrivals, compared to the traditional European market.

The body has been brought to Male’ and police are investigating the case.

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Fire outbreaks inside engine room of gas supply boat, injures four

Police have reported that today there was a fire outbreak inside the engine room of a boat docked at Thilafushi port to load gas, injuring four men.

According to police the incident was reported this morning at around 10am.

Police stated that one of the Maldivian men injured in the incident is in a critical condition and is currently being treated at Indira Gandhi Memorial Hospital.

The police’s Serious and Organized Crime Department is investigating the case.

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Parliament approves MDP proposal for speaker to assume presidency after November 11

Parliament today approved a proposal by the Maldivian Democratic Party (MDP) parliamentary group leader Ibrahim Mohamed Solih for the speaker of parliament to assume the presidency in the absence of a president-elect by midnight on November 10.

Today’s sitting was held in response to a letter to Speaker Abdulla Shahid from President Dr Mohamed Waheed requesting parliament “to take initiative in finding a solution to any legal issues that will arise if a new president is not elected by the end of the current term [on November 11].”

As a possible second round of the presidential election has been scheduled by the Elections Commission (EC) for November 16, President Waheed’s letter (Dhivehi) noted that “there is a possibility there might not be a president elected in accordance with article 111 of the constitution.”

Solih’s proposal, seconded by MDP Chairperson and Hulhuhenveiru MP ‘Reeko’ Moosa Manik, was passed with 39 votes in favour and one abstention. MPs of the Progressive Party of Maldives (PPM) and Jumhooree Party (JP) did not participate in the vote, claiming that the proposal was unconstitutional.

In the event that a new president is not elected by November 11, the motion states, “The Speaker of Parliament shall carry out the duties of the President until a person can be elected to the office.”

As interim president, the speaker “shall have all powers granted to the President by the constitution.”

The motion added that if the speaker cannot assume the office, the duties shall pass to the deputy speaker. If both are unable, a member of parliament elected by a resolution shall assume the presidency.

Moreover, the motion stipulates that a presidential election and, if necessary, a second round run-off election should take place within 21 days of the speaker assuming the role of caretaker president.

The new president-elect and vice president-elect must take the oath of office no more than 18 hours after the EC announces the official results of the election.

A second motion proposed by MDP MP Ali Waheed to grant authority and discretion to the speaker to expedite decisions required by parliament “to prepare for  the interim period” was passed with 37 votes in favour, two against and one abstention.

Speaker Shahid joined the MDP in April.

“State of necessity”

Article 124(b) of the constitution states, “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.”

During today’s parliamentary debate, PPM MPs contended that the Speaker cannot assume the presidency without amending the constitution as there was no constitutional provision for the state of affairs in the absence of a president-elect after the expiry of the five-year presidential term.

Dhivehi Qaumee Party MP Riyaz Rasheed said if parliament passed the MDP’s proposal, he would file a case at the Supreme Court to invalidate it.

JP MP Ilham Ahmed meanwhile proposed that the military should take over if presidential elections are not concluded by November 11.

As the constitution states that the security services are established “to enable all Maldivians to live in peace, security and freedom,” Ilham said he believed executive powers should be handed to the security services, consisting of the police and military.

The JP deputy leader added that he could see “as clear as broad daylight” an impending takeover “by the benevolence of Allah.”

PPM MP Ahmed Shareef recommended referring the matter to the Supreme Court for legal advice, while MP Ali Arif declared the PPM’s support for President Waheed remaining in the post after November 11.

Speaking at a rally on Friday night, PPM presidential candidate Abdulla Yameen reportedly said it would be “irresponsible” for President Waheed to resign before a new president was elected.

The PPM parliamentary group leader called on President Waheed to remain in the post and cease making statements about resigning, adding that it was the PPM that “maintained your government.”

MP Arif noted that the Supreme Court stated in its judgment annulling the September 7 election that the current president could remain in the absence of a president-elect.

“If extra time beyond that given by the constitution is needed, under the principle of necessity, to complete a specific task as specified in the constitution, it does not necessitate the end of a legal government in place. That such a government will continue to exist under the doctrines of ‘state of necessity’ and ‘continuity of legal government’ under such circumstances is recognised by both constitutional and legal jurisprudence,” the Supreme Court stated in the case summary of its judgment.

Independent MP for Kulhudhufushi Mohamed ‘Kutti’ Nasheed said that the current administration could not continue after November 11, suggesting that a constitutional amendment was necessary to specify a process to be followed in the absence of a president-elect.

Nasheed cautioned that any motion or resolution passed by parliament in lieu of a constitutional amendment could be overruled by the Supreme Court. The independent MP abstained in both votes today.

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