MDP eyes mediation as next step forward following CMAG recommendations

The Maldivian Democratic Party (MDP) has said third party mediation -possibly from India – may be needed to help resolve the present stalemate between itself and the coalition government as the Commonwealth steps up pressure for early elections.

Party spokesperson Hamid Abdul Ghafoor today claimed that such mediation was needed as the government of President Mohamed Waheed Hassan had continued “dragging its feet” in committing to international calls to hold early elections before 2013.  He also criticised what he claimed was a government failure to establish a suitably independent inquiry into the nature of February’s transfer of power.

The comments were made as the Commonwealth Ministerial Action Group (CMAG) yesterday met to discuss developments within the Maldives.  The meeting came one month after the Commonwealth body, which is charged with dealing with human rights issues, called for polls to be held as soon as possible to remove any doubts over the legitimacy of President Waheed’s government.

Following yesterday’s meeting, CMAG set a deadline of four weeks for President Waheed’s government to address concerns relating to a perceived lack of impartiality in the Committee of National Inquiry (CNI).  The CNI is the body established by the president to conduct an independent inquiry into the transfer of power that saw him take office.

Following yesterday’s meeting , CMAG continued to push for early elections to be called by the end of 2012 at the latest, whilst also committing to strengthening democratic institutions like the judiciary in the country by working with international partners like the UN.

The Commonwealth body, which consists of foreign ministers from a number of member states including Australia, Bangladesh, Canada, Jamaica and Tanzania, said yesterday that failure by the government to amend the CNI would result in the organisation taking “further and stronger measures”.

When contacted by Minivan News today, a spokesperson for the CNI said that it was aware of the latest statement released by the CMAG, but added the commission was itself unable to enact changes to its composition.

“The CNI was set up by the president, so it will be for the government to discuss this [CMAG’s findings],” the spokesperson said.

President’s Office spokesperson Abbas Adil Riza said that with the official visit of Palestinian President Mahmoud Abbas to the country today, the government had not yet drafted its official response to CMAG’s statement.

Abbas said he expected an official government response to be released during the next 24 hours.

Opposition perspective

In addressing CMAG’s concluding statement yesterday from an opposition perspective, MDP spokesperson Ghafoor welcomed the Commonwealth’s continued calls for early elections, as well as the organisations concerns about the impartial structure of the CNI.

However, Ghafoor believed that foreign assistance may be needed on the basis of mediation in going forward to resolve questions it held over the democratic mandate of President Mohamed Waheed’s government.

“The government has continued dragging its feet on both holding meaningful road map talks towards securing early elections and in ensuring the independence of the CNI,” he said.  “The next step now could be in third party mediation.”

Ghafoor claimed that mediation could be provided by asking a nation like India to try and help facilitate fresh talks.  All party roadmap discussions have already taken place with Indian assistance, but have stalled on several occasions owing to disagreements between the MDP and several parties in Dr Waheed’s national unity government.

“In the next four weeks, we are willing to engage with the government on CMAG’s recommendations,” he claimed. “We resumed [roadmap] talks but there are eight pro-government representatives compared to just one of us wanting to make decisions on a vote basis. Obviously we have a problem on how to move ahead right now.”

During an session of all-party roadmap on April 7, MDP representative and former Home Minister Hassan Afeef called the day’s meeting a “farce” after questioning the likelihood of a successful outcome during the talks.

However, representatives from other parties during the day’s talks told local media that the stalemate during the session had resulted from the MDP failing to notify other representatives that it would be calling for greater inclusion of all the country’s political parties beyond those in the government.

The talks had previously stalled last month over the MDP’s decision to block President Waheed’s constitutionally mandated address to the People’s Majlis on March 1. This led at the time to the withdrawal from the talks of the Dhivehi Rayyithunge Party (DRP), the Progressive Party of the Maldives (PPM), Adhaalath Party and the Dhivehi Qaumee Party (DQP).

However, Ghafoor claimed that the MDP was still committed to using the talks to outline a program of measures to facilitate early elections – something the government had said this week might not be needed this year following the weekend success of two of its coalition partners in parliamentary by-elections.

“We have participated at talks and we accepted the way forward at the talks put forward by India and its mediator Ahmed Mujuthaba,” the MDP spokesperson said. “We actually agreed to the plan outlined by India in the talks, they [coalition government parties] disagreed.”

Meanwhile, former High Commissioner Dr Farahanaz Faizal, who represented Mohamed Nasheed at the CMAG meeting yesterday, said that the party was “delighted” with the meeting’s outcome.  She stressed that the party particularly welcomed calls from the Commonwealth for greater impartiality in the investigation regarding February’s transfer of power, as well as the need for early elections in the country.

Dr Faizal said that, from her understanding, the nature of the “stronger measures” proposed by CMAG against the government could potentially have serious ramifications for the Maldives ongoing membership in the Commonwealth.

Though she was not present herself at the time, Dr Faizal was led to understand that, when questioned about the possible nature of further action against the government, the meeting’s chair was reported to have suggested that  suspension of the Maldives from the Commonwealth was an option on the table.

Dr Faizal did not wish to speculate on what such an action could mean for the Maldives, but she said that the ramifications for the country could be quite counter-productive for its future international standing.

“The Comonwealth is an institution made of a wide and varied selection of member states,” she said.

Speaking to Minivan News before yesterday’s CMAG meeting, President’s Office spokesperson Abbas Adil Riza said that the government felt the success of its coalition partners in three out of four by-elections over the weekend was an indication of its “mandate” amongst the Maldivian people.

Abbas therefore called on international bodies such as CMAG to take the results of the weekend’s polls into consideration when reflecting on the need for early presidential elections before the ones already scheduled for 2013.

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Dharubaaruge “unlawfully” closed, Housing Ministry claims

The doors to the Dharubaaruge conference centre in Male’ appeared open again this evening after its employees were  sent home earlier today and the building locked.

Minister for Housing and Environment Dr Mohamed Muiz has claimed the centre was  “unlawfully” closed by Male’ City Council amidst a dispute between the two bodies.

Minivan News this evening witnessed the doors to the centre once again open and a police presence outside.

According to the housing minister,  control of the conference centre had recently been transferred from Male’ City Council (MCC) to his ministry.

“As far as we are concerned someone locked the doors and unlawfully asked employees to leave,” said Dr Muiz.

Speaking with Minivan News this afternoon, City Councillor Mohamed Abdul Kareem confirmed that the centre had been locked up, as authorities were expected to make their way to the building.

“We hear they will be breaking the locks and entering the premises, but we don’t know what will happen,” he said.

After hearing reports that police had moved in to forcefully re-open the building, Minivan News witnessed around twenty police officers outside the centre at around 5:30pm.  As they waited outside the open doors, nearby crowds could be heared shouting ‘baaghee’.

The Dharubaaruge conference centre was originally built for the 5th SAARC summit in 1990 and is rented out for events, press conferences and private functions. President Dr Mohamed Waheed Hassan appeared at an event celebrating high academic achievers just last night.

Kareem said that a letter was received from the Civil Service Commission (CSC) yesterday informing the council that all 17 staff at the centre had been transferred to the Housing Ministry.

“The CSC has taken the staff and may be thinking that the whole premises belong to the Housing Ministry. But it is already handed over to the MCC. I believe our legal team has submitted the case to court,” said Kareem.

The Chairman of the CSC Mohamed Fahmy Hassan, countered this view, arguing that the local government laws allowed for the removal of state land from city councils.

“Institutions and land belonging to central government can be changed by cabinet decision according to the rules.  The cabinet has decided that Dharubaaruge is to move from the MCC to the Housing Ministry,” Fahmy informed Minivan.

He also argued that staff at the conference centre could only be ordered home by the CSC itself: “Staff should not be sent home. This has to be worked out in the courts between the MCC and the Housing Ministry.”

Both sides expressed concern that despite the dispute, the provision of services at the conference centre should not be affected.

Kareem therefore argued that the centre needed to re-opened quickly for pre-booked events. Fahmy added that the CSC always made efforts to ensure that services were not impeded in these situations.

Land tussle

In another tussle over the jurisdiction of land in the capital, the Housing Ministry last week issued a letter to the MCC stating that it intended to claim the area immediately behind Dharubaaruge, known as Usfangandu.

The reasons given by the ministry were that the presence of the new Maldivian Democratic Party (MDP) demonstration area on the land violated the regulations concerning the use of public space. The MCC disputed these allegations.

The issue of MCC jurisdiction over the Tsunami monument area also arose recently after the case of the dismantling by security forces of the MDP’s ‘Justice Square’ was submitted to legal process.

A number of justifications for the camp’s removal were posited, but the case was dismissed by the Civil Court on a technicality. The court alleged that MDP interim chairperson Mooosa ‘Reeko’ Manik had exceeded his authority when submitting the case. The case has since been re-submitted by party President Dr Ibrahim Didi.

When asked about any possible connection between the Usfangandu and Dharubaaruge incidents, Dr Muiz said that he believed there was no link.

However, Councillor Kareem believed the two were linked to recent political tensions.

Last week, the Progressive Party of the Maldives (PPM) criticised the MCC’s allocation of land for political uses, arguing that the council’s policies violated decentralisation laws.

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MDP Parliamentarians submit no-confidence motion against Speaker Shahid

The Maldivian Democratic Party (MDP) Parliamentary Group has today passed a no-confidence motion against Abdulla Shahid, Speaker of the People’s Majlis.

The now opposition party said it had moved to pass the current no-confidence motion against Speaker Shahid over allegations that he had been making decisions relating to significant parliamentary issues without discussing them with various political parties.

The party claimed that Shahid had been acting outside of his mandate by deciding to suspend certain parliament regulations, whilst opting to follow others that were to his personal benefit.  The MDP allege the speaker had been doing this without discussing his decisions among any political parties represented inside parliament.

From within the MDP Parliamentary Group, 27 members out of a total of 32 belonging to the group are said to have signed the no-confidence motion.  The party claimed that its members who did not sign the motion had been unavailable to do so at present.

Progressive Party of the Maldives (PPM) MP Ahmed Mahloof could not be contacted at the time of going to press regarding his party’s response to the motion.

Speaker Shahid told Minivan News today that parliament had received the no-confidence motion, though he did not wish to elaborate further at the present time.

‘’I will issue a written statement tomorrow,’’ he said. ‘’I have decided not to say anything before that.’’

The MDP previously called for a no-confidence motion against the Speaker in March 2010, accusing him of siding with the then-opposition parties.

In January last year, there were widespread rumors that MDP, the People’s Alliance Party (PA) and the Dhivehi Rayyithunge Party (DRP) were planning to forward a no-confidence motion against the speaker.

However, all the parties denied such a collaboration at the time and a no-confidence motion was not forwarded to the parliament.

DRP Parliamentary Group Leader and MP Dr Abdulla Mausoom did not respond to Minivan News at time of press.

Dr Mausoom has today told the local press that he will make sure the no-confidence motion against Speaker fails in parliament.

He also said there might be a chance that MDP has sided with some of the independent MPs in parliament to pass the no-confidence motion.

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Majlis postpones decision on response to President’s speech

The parliamentary speaker yesterday announced the postponement of providing an official response to President Dr Mohamed Waheed Hassan’s inaugural speech to the Majlis chamber on March 19.

Controversy surrounded the curtailed speech as opposition MPs attempted to disrupt and heckle the president as he performed his constitutionally mandated duty of speaking at the opening of the session. The previous attempt to address parliament on March 1 had been abandoned after the Speaker of the House Abdullah Shahid was unable to gain entrance to the People’s Majlis.

The official response to the address, according to article 25 of the Parliament rules of procedure, must come from the non-presidential party with the most number of seats.

The Maldivian Democratic Party’s (MDP) leader in Parliament Ibrahim ‘Ibu’ Solih, however has said that he does not feel it appropriate for his party to carry out this function at present.

“I don’t believe that the Maldives has a legitimate leader at present. If so then the leader would be from MDP. That’s why we have refused to respond to the presidential address as MDP is not required to do so,” Haveeru reported Ibu Solih as having said.

Haveeru reported that no members objected to the motion to postpone the response.

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Police claim Bangladeshi prostitution ring smashed following Male’ arrests

Police have arrested seven foreign nationals from Bangladesh over alleged involvement in a prostitution ring amidst an ongoing crackdown over the last month on premises suspected of operating as brothels.

The suspects – four female and three male – were apprehended during raids by police officers inside Ranfaunu house, based in the Mahchangolhi ward of Male’ on 9 April.

Inspector Mohamed Dhaudh yesterday told the press the arrests had been made after police intelligence confirmed that prostitution had been taking place at the property.

Following this confirmation, Dhaudh said police entered the house through the main door of the house at 10:10pm on the evening of April 9 .

Once inside, officers reported that although the house looked as if it was built for residential purposes, a reception was found inside and a bell was placed on the staircase.

Inspector Dhaudh claimed that the bell situated on the staircase was suspected as functioning as a warning device used to signal people inside of possible danger.

Dhaudh said condoms were discovered inside a drawer in the reception and that officers also found two women inside a room on the ground floor along with pills used for sexual activities.

He said one man and two women were found inside a room upstairs and alleged that a second room on the building’s first floor was suspected of being used for homosexual prostitution.

One of the women tried to escape by jumping on to the roof of the house next door police said.   One of the male suspects was also said to have a previous criminal record related to a kidnapping incident.

Dhaudh also noted that all of those arrested were believed to have been illegally transmitted in to Maldives.

Police announced yesterday that they had arrested two Thai women and two local men on prostitution charges after raiding a Male’-based business suspected of operating as a brothel.

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PG expects decision on prosecution of Mohamed Nasheed by next week

Prosecutor General (PG) Ahmed Muizz has said that a decision on whether to press charges against former President Mohamed Nasheed over the arrest of Criminal Court Chief Judge Abdulla Mohamed is expected to be made by next week.

Earlier this week, the Maldives Police Service sent the case of the arrest of the chief judge to the PG’s Office. Minivan News reported at the time that under the submitted case, former President Mohamed Nasheed could face charges for his alleged role in the Maldives National Defense Force’s (MNDF) decision to detain Judge Abdulla.

The country’s judges and their conduct became a major focus for Nasheed in the run up to his replacement by Dr Waheed in February.  The former president had raised concerns over allegations of perjury and “increasingly blatant collusion” between senior judicial figures and politicians loyal to his predecessors, former President Maumoon Abdul Gayoom.

However, Nasheed himself came under criticism from some international bodies after detaining the chief judge whilst he claimed to be awaiting international assistance from bodies like the UN and the Commonwealth with the judicial reforms.

Speaking briefly by phone today about the Judge Abdulla case and its relation to the former president, PG Muizz said that a decision had yet to be taken on whether to press criminal charges or not.

In addressing the decision-making process concerning the prosecution of a high-profile figure such as a former president of the nation, Muizz said that he would apply the same criteria that was used against any other Maldivian citizen.

MDP response

The Maldivian Democratic Party (MDP), of which Nasheed is a member, has responded to the filing of the case against the former president by claiming the decision was “pure injustice”, representing the “broken” state of the national criminal justice system.

MP Imthiyaz Fahmy commented that it was ironic that Nasheed, who had worked to foster a reputation for championing human rights in the country, could now potentially face prosecution by a judiciary that he himself believed to be guilty of several of cases of corruption.

“This is injustice. Justice is not ensured simply by a judge’s verdict on an issue, it has to be publically accepted that it is justice,” he argued.

“For the last thirty long years, the regime [of former President Maumoon Abdul Gayoom] tortured and suppressed the people. They systematically tortured the people. Those that were at the helm of torture and corruption are made as clean as ‘pure white cotton’ by the crippled judiciary.”

Charges

According to sources linked to the Judge Abdulla case, the charges levelled against Nasheed relate to the violation of article 46 of the Constitution of the Republic of Maldives, and for violation of Article 12 clause (a) of Judges Act (Act no 13/2010).

Article 44 of the Maldives Constitution states: “No person shall be arrested or detained for an offence unless the arresting officer observes the offence being committed, or has reasonable and probable grounds or evidence to believe the person has committed an offence or is about to commit an offence, or under the authority of an arrest warrant issued by the court.”

Article 12 clause (a) of the Judges Act states that a judge can be arrested without a court warrant, but only if he is found indulging in a criminal act.

The same article also states that if a judge comes under  suspicion of committing a criminal act or being about to commit a criminal act, they can only be taken into custody with a court warrant obtained from a higher court than that in which the judge presently sits.  This warrant has to be approved by the PG.

A police official confirmed on Sunday – April 15 – that the case regarding the judge’s detention had been submitted to the PG’s Office .

“Today at around 9:30am, we have submitted the case [the arrest of Judge Abdulla] to the prosecutor general. We have completed all the necessary investigations required,” the police official said at the time.

An official from the PG’s Office also confirmed to Minivan News that the charges sent to it by the police were against Nasheed. However, the official refused to explain the exact nature of the charges, stating that the case was still being assessed by their legal team.

Alcohol case

A second case involving Nasheed has also been sent to the PG by the police, involving the confiscation of bottles of alcohol allegedly found at his residence shortly after his presidency ended.

In a press conference, Deputy Head of the Drug Enforcement Department, Sub-Inspector Ismail Fareed, noted that all people questioned regarding the case had cooperated fully.

However, Nasheed maintained that he had no part to play in the confiscated liquor bottles.

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President honours award-winning students

President Dr Mohamed Waheed Hassan yesterday distributed awards to some of the country’s top students in a ceremony at Dharubaaruge.

Thirty-three students from the Maldives achieved results placing them in the top ten of all O’levels candidates around the globe, according to Haveeru. The Education Ministry said that the pass percentage had risen this year to 37 percent.

Also given awards were four students who achieved the highest marks in the world in individual subjects. These outstanding marks were achieved byAhmed Shaffaan Mohamed (Computer Studies), Ahmed Hindham (Travel and Tourism), Amru Mohamed Didi (Business Studies), Fathimath Sana Haleem (English as a Second Language).

The President’s Office website reports that Dr Waheed gave a speech on the need for discipline in school-leavers which could be fostered through better teacher-pupil relationships.

Police closed off a large area surrounding the conference centre although some anti-government protesters were able to gather outside the event, reported Haveeru.

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President Waheed addresses MNDF training graduates

President Dr Mohamed Waheed Hassan has addressed graduates of the Maldives National Defense Force’s (MNDF) 56th basic training course, calling for their continued support in protecting the sovereignty and independence of the nation.

Speaking to graduates of the course, which was conducted by the Defence Institute for Training, the president called on MNDF officers to continue demonstrating a high sense of integrity and moral character personally and professionally.

In addressing the professional aspects of the MNDF’s work, Dr Waheed said that it was vital the country’s defence forces remained steadfast in their core values of Islamic principles, selfless service and maintaining the rule of law.

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CMAG warns of “stronger measures” against government unless CNI is reformed

The Commonwealth Ministerial Action (CMAG) has said it will consider taking “further and stronger measures” against the Maldives government unless the composition of its Committee of National Inquiry (CNI) is revised in the next four weeks.

During a meeting held in London today that was attended by representatives of both the government and the Maldivian Democratic Party (MDP), CMAG continued to call for fresh elections to be called this year.

The need for long-term measures to strengthen the capacity of the country’s judicial sector, as well as fresh party talks between the country’s most senior political representatives to help resolve the current political situation was also raised.

Following the conclusion of today’s talks, CMAG said its members were critical of the government’s attempts so far to establish an independent enquiry into the exact nature of how President Mohamed Waheed Hassan came to power earlier this year.

The CNI, which is charged by the government with looking into the legality and legitimacy of the transfer of presidential power on February 7, was set up amidst international calls to provide an independent assessment of the legitimacy of President Mohamed Waheed Hassan’s administration.

The now opposition Maldivian Democratic Party (MDP), which alleges that former President Mohamed Nasheed was deposed in a coup d’état, has refused to work with the CNI claiming it lacks impartiality and had no international representation.

While reiterating its previous calls for presidential elections to be held by the end of this year, CMAG said it was with “deep regret that there had been little progress towards a political understanding in the Maldives” during the last month.

“The Group was of the view that the Commission of National Inquiry (CNI), established to assess the events leading to the transfer of power on 7 February 2012, is not independent or impartial, and has failed to gain sufficient support in Maldives,” CMAG said in a statement.

“Ministers urged the Government to review immediately the composition and terms of reference of the Commission to make it genuinely independent, credible and impartial. CMAG reiterated the Commonwealth’s offer to provide assistance in this regard.”

Amidst the concerns said to be held by the CMAG over the independence of the CNI and its ability to conduct an independent enquiry into the change of government back in February, the body also set out a time-line for the government to adhere to in order to enact reforms.

“Further and stronger measures”

“Should the composition and terms of reference of the [CNI] not be amended within four weeks in a manner that is generally acceptable and enhances its credibility, CMAG would be compelled to consider further and stronger measures,” the body concluded.

Aside from continuing to push for the establishment of fresh elections by the end of 2012, CMAG added that it also supported Commonwealth’s assistance in order to “strengthen democratic processes, institutions and culture in the Maldives.”

“In this context, it expressed support for the Commonwealth Secretariat’s technical assistance for strengthening for the long term the capacity of the judicial sector, as agreed with the authorities in Maldives,” CMAG added.

“It also welcomed the Secretary-General’s offer to provide elections-related assistance. The Group further called for the capacity of the Majlis to be strengthened.”

In supporting these stated aims, CMAG additionally welcomed ongoing collaborations between other international parties such as the UN and the Inter-Parliamentary Union (IPU).

The CMAG panel that presided over today’s talks was comprised of Foreign Ministers from member states including Australia, Bangladesh, Canada, Jamaica, Sierra Leone,Tanzania and Trinidad and Tobago.

The representatives during the course of the talks were updated on the current situation in the Maldives by the Commonwealth Secretary General and his Special Envoy, Sir Donald McKinnon who has visited the country to meet with various representatives from both sides of the political divide.

The Maldives government was represented at the talks by Attorney General Aishath Azima Shakoor, who presented evidence during the day to the CMAG panel. Dr Farahanaz Faizal also met with the CMAG panel as a representative for former President Mohamed Nasheed.

Azima Shakoor could not be contacted by Minivan News at the time of going to press for her reaction to CMAG’s conclusions.

By-election “mandate”

Speaking to Minivan News yesterday ahead of today’s CMAG meeting, President’s Office spokesperson Abbas Adil Riza said that the government felt the success of its coalition partners in three out of four by-elections over the weekend was an indication of its “mandate” amongst the Maldivian people.

Abbas therefore called on international bodies such as CMAG to take the results of the weekend’s polls into consideration when reflecting on the need for early presidential elections before the ones already scheduled for 2013.

“It is clear that there is public support in the country for this government and that there are not any problems with its constitutional mandate to be in power. In three out of the four elections held, the coalition won by a clear majority,” he said at the time. “The MDP has continued to call for early elections, though yesterday’s elections show that the public backs the government until early elections can be held in July 2013.”

In a statement released Saturday whilst polling was being conducted, the MDP maintained the by-elections indicated that the country was able to hold “free and fair elections” as soon as possible.

“The MDP has consistently called for early presidential elections in the Maldives to resolve the political deadlock that exists since the unlawful transfer of power on February 7 following police and military backed coup in the Maldives,” stated party spokesperson Hamid Abdul Ghafoor .

“Elections today are held at a time when [former President Maumoon Abdul] Gayoom has publicly stated early Presidential elections would not be held in the Maldives citing conditions for elections are not right and also that Elections Commission does not have the capacity to hold early elections in the Maldives.”

CMAG was last month accused by members of President Waheed’s government of showing “bias” towards certain political parties in calling for general elections as early as possible to resolve questions over the administrations legitimacy.

The government later said it was concerned over the “language” used by the Commonwealth in its statement.

The President’s Office said last month said that although it was not for the time being looking to leave the Commonwealth, it added that such a move could be considered if CMAG continued to use similar language in the future.

“If this language continues, we will look to consider our position [in the Commonwealth],” government spokesperson Abbas Adil Riza told Minivan News at the time.

The government later denied it had made such claims, alleging to local media that the report in Minivan News had been “politically motivated”.

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