Comment: Getting constitutional with Waheed

Dr Waheed has often reiterated that no matter what the findings are of a formal enquiry into the events that led to Mohamed Nasheed’s resignation, his own legitimacy as President of the Maldives remains beyond question.

He bases this claim to legitimacy on the constitution. How much substance does the claim have?

Article 121 of the constitution states the President can quit by submitting his resignation written ‘under his own hand’ to the Speaker of the Majlis. The office of the President becomes vacant as soon as the Speaker receives the resignation letter.

Article 112 (d), meanwhile, states that if the office of the President becomes vacant ‘for any reason’, the Vice President shall succeed to the office of the President.

Nasheed wrote his resignation letter, did he not? Waheed was sworn in as president after the Speaker received the letter, was he not? This means he is the legitimate president, does it not?

Technically, yes. And only if we assume, like Waheed does, that the constitution does not give a damn about whether or not the hand that wrote the president’s resignation letter was forced.

Such narrow constructions of the constitution, although incompatible with the ethos of a new democracy committed to its consolidation, are popular weapons for instating the legitimacy of this new regime.

It has, for example, continuously invoked Article 110 as a reason why elections cannot be held earlier than July-September 2013 without first enacting a constitutional amendment.

Article 110 states that elections for the office of President must be held within 120 days to 30 days before the end of a given five year term. It assumes things are going according to plan and, to ensure the smooth transition of power, it provides a timeframe within which the handover of power can take place democratically, through the ballot box.

The new regime has taken this clause of the constitution to mean that it forbids elections until 120 days before the expiry of a natural five-year term, no matter what.

If this were so, why does Article 125(c) of the Constitution foresee circumstances ‘where fresh elections have to be held for any reason during the currency of an ongoing presidential term’?

Where then is the legal basis for the argument being made by Waheed and the current regime that holding early elections will require a constitutional amendment?

Another question about Waheed and the constitution is: what type of president is he? Is he a caretaker president, or is he president proper?

Article 114 of the constitution says that an incoming president can assume office once he takes his oath before the Chief Justice, ‘at a sitting of the People’s Majlis’.

The Chief Justice administered the oath of office for Waheed’s presidency. And Speaker Abdulla Shajid was present. But it was not done ‘at a sitting of the People’s Majlis’.

According to the constitution this is a type of oath administered not to an incoming president proper, but to ‘any person temporarily discharging the duties of the office of the President’ (Article 126).

Furthermore, the only circumstance in which the constitution envisages the need for such a caretaker is if the offices of both the President and the Vice President become vacant at the same time (Article 125(a)).

By overseeing a caretaker oath for Waheed, did the Speaker of the Majlis de facto deem the offices of both the president and the vice president vacant on 7 February? If not, why was Waheed not sworn in before the Majlis?

Most importantly, if the constitution is to be upheld, such a caretaker figure can only remain as the country’s leader for a maximum period of 60 days.

Elections must be held within that period for both President and Vice President.

So why are fresh elections not being held before 7 April? And again, why is it being said that the constitution cannot accommodate early elections without an amendment?

And, if Waheed took office as a ‘person temporarily discharging the duties of the office of the President’ (Article 126), what business does he have purging the government of high-ranking MDP members, installing a brand new cabinet, and modifying or reversing most major policies pursued by the legitimate government he was supposed to be taking care of?

If President Nasheed resigned voluntarily and Waheed acceded to the position constitutionally, then Waheed’s first trip to the Majlis should not, and cannot, be to address it as President.

Without the Majlis first witnessing him taking the oath, it has no business accepting him as President.

One final question on Waheed and the constitution: if Waheed were such a stickler for it, and were he such a committed democrat, why is he turning a blind eye and a deaf ear to the thousands of people demanding ‘elections now’?

Article 125 of the constitution provides him with the perfect opportunity to give people what they want. All he has to do is resign for there to be an election within 60 days.

Can Waheed take a hit for the greater good? Or is his commitment to democracy as much of a chimera as the ninety-percent support he claims to have?

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Male’ gripped by chaos as protests intensify


As violent confrontations between police and anti-government protesters rock the capital of Male’, the Majlis continued was locked in a stalemate as President Waheed was forced to give his opening speech amidst loud heckling from MDP MPs.

The live feed continues here.

16:31 – Tension is once again on the rise as large numbers of police have begun to clear out the surf point area of the capital that has been home to an MDP protest camp since the controversial resignation of former President Mohamed Nasheed last month.

16:14 – Police with riot shields have now asked asked a large group of people gathered towards the Tsunami Memorial to disperse.

15:35 – A police spokesperson had told Minivan News that the violent confrontations with protesters now appeared to have been bought under control, although a few people are still thought to be waiting in Sosun Magu.

15:20 – President Waheed and his spokesperson Abbas Adil Riza were unavailable to elaborate on the comments made during today’s speech when contacted by Minivan News.

15:00 – The President’s Office has issued a statement quoting Dr Mohamed Waheed in pledging to commit to an early election if it was “required”.

Reiterating points raised in his inaugural address to a boisterous Majlis floor that saw the president having to shout over loud heckles from MDP members just a few hours ago, Waheed pledged to bring together all political leaders to discuss constitutional amendments required for fresh elections.

“This is the time for all of us to work together in one spirit, the time to bring political differences to the discussion table in order to formulate solutions,” said the president.  “I fully assure you that I will not order anyone to act against the Constitution or laws of this country”.

14:45 – Some protesters are reportedly making their way to the justice rally by the Tsunami memorial.

14:40 – The MDP has issued a statement condemning the acts of violence that took place across Male’ today, alleging that a blaze in the Neelan Fihaara “may have deliberately started” by figures loyal to the government as a means to crack down on peaceful demonstrators.

“The MDP condemns the Waheed regime’s attempts to associate the MDP with acts of violence, even before conducting an independent investigation,” the statement read. “Thousands of pro-democracy supporters poured onto the streets this morning to peacefully protest Dr Waheed’s attempt to address the People’s Majlis.”

14:10 – The official police website has reported that eight police personnel have suffered injuries during today’s protests, while 41 people are reported to have been arrested.

14:06 – Dr Waheed has returned to the chamber and finished giving his address amidst loud heckling from MDP Supporters in the Majlis chamber.

13:57 – The Police Integrity Commission has released a statement denouncing what it sees as violent acts committed against security forces by protestors.

13:34 – One female protester seems to have fainted, while another has been badly affected by gas. “Milk has been put all over her to treat it,” reports Daniel Bosley from between the police lines on Sosun Magu.

13:30 – President Waheed reportedly tells protesters in the chamber “I’ll be back” after having to walk out once again.

13:29 – President Waheed is forced to cut short his speech amongst ironic clapping. Shouts of “long live democracy” are heard as he leaves the floor again.

13:27 – President Waheed is having to shout out his speech as MDP protestors directly heckle him creating a noisy Majlis floor.

13:24 – Police on Sosun Magu have reportedly begun warning protesters they will use “force” to restore order, according to witnesses at the scene.

13:20 – Haveeru has reported that the police are now requesting protesters to being cooperating with them, whilst the Maldives Broadcasting Commission (MBC) has strongly condemned the attack on the VTV building.

13:17 – Addu City Mayor Abdulla Sadiq has said there has been no reports of unrest in the country’s second city. He was unable to confirm if any events or demonstrations were currently being scheduled to occur in Addu.

13:13 – President Waheed has once again entered the parliamentary chamber only to leave again soon after.

13:05 – MDP spokesperson Hamid Abdul Ghafoor claimed that 20 MNDF are now inside parliament in an attempt to remove Milandhoo constituency MP Riza, Machangoalhi South MP Mohamed Rasheed and Thinadhoo constituency Nazim. Ghafoor told Minivan News that MPs Shifaz and Riza had been injured, meanwhile international observers are said to be looking on at events from the public gallery.

13:01 – President Waheed on his Twitter feed has condemned MDP members and Mohamed Nasheed for blocking parliament. “Anni must take responsibility for the chaos as he is directing the chaos in Male’,” he wrote.

12:51 – MDP members inside the chamber have alleged that the Majlis secretary general has compiled a list of MPs that are required to be removed from parliament before the session can start. The MPs claim this goes against the Majlis rules of procedure as it is for the speaker to say who is to be removed by security officials.

12:45 – The MNDF has confirmed that about 60 per cent of the fire at Neelan Fihaara is under control. People are reportedly taking some items that weren’t burnt in the fire out of the premises.

12:39 – Police have now moved crowds outside of ADK Hospital to the other side of Sosun Magu. Minivan News understands that rubber bullets have been fired.

12:36 – Colonel Abdul Raheem of the MNDF has told Minivan News that security would not hesitate to use rubber bullets to disperse crowds, calling them a “non-lethal weapon” that does not constitute excessive force.

12:35 – Haveeru has reported that some protesters have allegedly harassed and threatened some reporters and media personnel.

12:32 – President Waheed has once again left the chamber after disruptions by MDP MPs who have continued to bang copies of the constitution on their desks.

12:28 – The Majlis session has restarted. President Waheed is now in the parliamentary chamber.

12:25 – Protesters around Sosun Magu have claimed that rubber bullets are being prepared for use by MNDF forces.

12:20 – Minivan News has witnessed that police have cleared protesters from Sosun Magu to the west of the junction by Majeedhee Magu.

12:15 – Maldives Police has announced on Twitter that the protests in Male’ are no longer being considered as peaceful – “necessary force” is now expected to be used.

12:08 – Military vehicle arrives to support police – meets hail of projectiles. Windshield is damaged.

12:07 – Sun Online has reported that MP Shifaz fell and injured himself during scuffles withi the Majlis chamber. “What happened exactly is not yet clear,” the news agency added.

12:03 – Police are reported to have temporarily cleared rioters away from VTV studios.

12:02 – Several physical confrontations have been reported from within the Majlis with the MDP alleging that MP Shifaz has been taken away by the MNDF suffering from a broken leg.

11:56 – An MDP supporter within the Majlis has alleged that Baarashu Dhaaira MP Shifaz has been beaten unconscious by MNDF forces.

11:52 – Outside ADK Hospital several men have been seen covered in blood. Minivan News has witnessed some figures attacking the VTV building with bricks. Soldiers are blocking the doors to VTV studios.

11:48 – “Police are continuing to deploy gas as protesters are being driven back down the street [Sosun Magu],” reports Daniel Bosley. “Some are attacking soldiers on their way past.”

11:45 – Soldiers in gas masks have been spotted outside the VTV building on Sosun Magu. Unconfirmed reports suggest four people have been arrested on the street so far.

11:40 – Fire-fighters are still having difficulty controlling the blaze in the Neelan Fihaara area.

11:36 – Under parliamentary rulings, the speaker must call the name of an MP three times to leave the chamber for contempt before they can be removed by Majlis security. Two MPs have been removed at present. “It could be a long day,” one observer with knowledge of parliamentary proceedings has noted.

11:33 – “The police and local people are now trying to escort police vehicles from the fire. Firemen are still working to put out the blaze,” Naahee adds.

11:29 – Meanwhile, a fire has continued to rage in the Neelan Fihaara. “The fire has even spread to the land in front of the nearby auctioning market,” reports Mohamed Naahee. “ The police garage is right next door.”

11:26 – “There are people now ferrying cases of water to the protest’s front lines in what appears to be a measure to counter the tear gas deployed by police,” reports Daniel Bosley on Sosun Magu. “People are dousing themselves in water.”

11:23 – Protesters on Sosun Magu are said to be cheering as a riot shield is taken from the police and held aloft. An ambulance has arrived on the scene.

11:20 – Confrontations appear to be escalating in the capital with local media reporting that police have now called for the protest on Sosun Magu to be broken up. Outside Majeediyya school, flags and pavement stones are reported to have been thrown at police.

11:16 – “The situation has really escalated on Sosun Magu with tear gas now being deployed. However, the MDP supporters appear to be regrouping,” reports Minivan News’ Daniel Bosley.

11:13 – A Minivan News reporter has witnessed police deploying tear gas on Sosun Magu.

11:08 – Tensions are escalating across the capital amidst claims that a police officer has been injured in scuffles with protesters. Sun online reports that tear gas has been used in response.

11:02 – Haveeru has reported that protesters gathered near the Health Ministry building have begun throwing bottles of water at police as well as trying to breach their lines. Military personal have also now removed MP Alhan Fahmy from the parliamentary chambers.

10:56 – Local media is reporting that military personnel have now been called to Sosun Magu to assist police with a large protest taking place on the street. A spokesperson for the police told Minivan news that they would be working in collaboration with military officials. “They [the MNDF] will be helping us where needed,” the spokesperson added, without elaborating on the nature of the assistance.

10:50 – Outside the chamber, police are said to have cordoned off more than 15 streets including those surrounding the President’s Office and the Majlis in a bid to try and control protests.

10:46 – Meanwhile, Sun Online has reported that President Waheed was not provided with a traditional “red carpet welcome” when entering the Majlis. He instead entered the parliament gate straight from his car.

10:36 – Haveeru has reported that police have been informing protesters gathered on Sosun Magu that peaceful protests will be allowed as part of their constitutional rights, but action will be taken against anyone found to “impede” police.

10:35 – MPs are drumming on tables with copies of the constitution. President Waheed is reportedly in the Majlis, though not yet in the parliamentary chamber, according to state media.

10:33 – Shahid has called for an intermission amidst continued disruption by MDP MPs.

10:27 – Speaker Shahid has asked MP Alhan Fahmy to leave the chamber due to ongoing disruptions as he tries to establish order to the football match-esque atmosphere. MDP MPs are shouting “Baagee Waheed” for their part.

10:23 – The Speaker has called for President Waheed to deliver his address. The MDP MPs have begun their protest.

10:20 – Parliamentary Speak Abdulla Shahid has just started the Majlis session. He has begun with a eulogy for the late Fathulla Jameel. The MDP have vowed to begin their protest after respecting the eulogy.

10:10 – A group of about 200 anti-government protesters replete with MDP and Maldivian national flags have been witnessed in a sit down demonstration outside Majeediyya school – one supporter has claimed it is the school midterm break at present.

09:55 – A Minivan News journalist in the area surrounding the Majlis says that the situation directly outside parliament remains quiet at present, with a somewhat noisy group of protesters currently having gathered at Sosun Magu as police work to enforce a designated route for demonstrators.

The reporter adds that police have blocked access to the Majlis via Fehimagu.

09:45 – A police spokesperson had told Minivan News that there has been no reports so far of conflicts with groups of protesters that are beginning to gather around Male’.

The spokesperson said that the police were hoping to use “minimum force” to keep the protests under control as the Majlis is set to reopen, but the situation would be reviewed as the day progresses.

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Majlis to reconvene amidst ongoing stand-off

Parliament is scheduled to reconvene today for the first time since MDP members obstructed President Mohamed Waheed Hassan from opening the Majlis with his constitutionally-mandated state of the nation address earlier this month.

However, a resolution to the current political stand-off that has so far prevented parliament from functioning since President Waheed came to power appears unlikely .

Amidst calls from the Inter-Parliamentary Union (IPU) for all parties to ensure that the Majlis is not impeded upon opening today, President Waheed is scheduled to try and give his speech despite pledges by Mohamed Nasheed and the Maldivian Democratic Party (MDP) to continue block him until a date for early elections is set.

MDP fears

In a statement issued by the MDP last night, the party claimed that “the consent of the governed is the basis of any legitimate government.”

With calls from the bodies like the EU and the Commonwealth calling for early elections to be held, the MDP has claimed that it has “indirect” international backing for its stance that the current government has “ no democratic legitimacy”, at least whilst question marks remain over the controversial transfer of power last month.

“MDP believes the current regime has no democratic legitimacy as it was instituted through the mutinous actions of the security forces, in effect overthrowing the first democratically elected president through a coup d’etat,” the party stated.

“It is paramount that a regime that lacks the consent of the governed and that has robbed the People of their fundamental right to choose those who would govern them, must not have legitimacy conferred upon it by opening the People’s Majlis.”

The MDP added that it has been working with rival political parties and President Waheed as part of ongoing talks to try and find a resolution to the current political upheaval – though it claims it has had limited success so far.

However, the MDP’s stance has led to a stalemate in the reform process with the Progressive Party of the Maldives (PPM) and the Dhivehi Rayyithunge Party (DRP) withdrawing from all party roadmap talks due to its blocking of parliament.

Disruptive elements

Criticising the MDP’s ongoing attempts to block parliament, Dr Waheed’s spokesperson Abbas Adil Riza said that the Majlis operated as a separate entity from the president and therefore calls to hold fresh elections were not related to allowing parliament to function.

Riza added that the government was therefore calling on former President Nasheed to “stop advocating violence” particularly among young people, in regards to blocking the Majlis and opposing the government.

“More than 200 youths currently face charges for torching public buildings since February 8,” he added.

Though Riza said that the public would be free to gather on some of the capital’s roads to protest, he added that inside the parliament chamber, it was for the Speaker of the Majlis, Abdulla Shahid, and not the government to ensure parliament functioned correctly.

The presidential spokesperson added that just as under the government of Mohamed Nasheed, the speaker had control of 60 Majlis guards that had the power to remove disruptive elements from the parliamentary floor.

The live feed continues here.

13:34 – One female protester seems to have fainted , while another has been badly affected by gas. “Milk has been put all over her to treat it,” reports Daniel Bosley from between the police lines on Sosun Magu.

13:30 – President Waheed reportedly tells protesters in the chamber “I’ll be back” after having to walk out once again.

13:29 – President Waheed is forced to cut short his speech amongst ironic clapping. Shouts of “long live democracy” are heard as he leaves the floor again.

13:27 – President Waheed is having to shout out his speech as MDP protestors directly heckle him creating a noisy Majlis floor.

13:24 – Police on Sosun Magu have reportedly begun warning protesters they will use “force” to restore order, according to witnesses at the scene.

13:20 – Haveeru has reported that the police are now requesting protesters to being cooperating with them, whilst the Maldives Broadcasting Commission (MBC) has strongly condemned the attack on the VTV building.

13:17 – Addu City Mayor Abdulla Sadiq has said there has been no reports of unrest in the country’s second city. He was unable to confirm if any events or demonstrations were currently being scheduled to occur in Addu.

13:13 – President Waheed has once again entered the parliamentary chamber only to leave again soon after.

13:05 – MDP spokesperson Hamid Abdul Ghafoor claimed that 20 MNDF are now inside parliament in an attempt to remove Milandhoo constituency MP Riza, Machangoalhi South MP Mohamed Rasheed and Thinadhoo constituency Nazim. Ghafoor told Minivan News that MPs Shifaz and Riza had been injured, meanwhile international observers are said to be looking on at events from the public gallery.

13:01 – President Waheed on his Twitter feed has condemned MDP members and Mohamed Nasheed for blocking parliament. “Anni must take responsibility for the chaos as he is directing the chaos in Male’,” he wrote.

12:51 – MDP members inside the chamber have alleged that the Majlis secretary general has compiled a list of MPs that are required to be removed from parliament before the session can start. The MPs claim this goes against the Majlis rules of procedure as it is for the speaker to say who is to be removed by security officials.

12:45 – The MNDF has confirmed that about 60 per cent of the fire at Neelan Fihaara is under control. People are reportedly taking some items that weren’t burnt in the fire out of the premises.

12:39 – Police have now moved crowds outside of ADK Hospital to the other side of Sosun Magu. Minivan News understands that rubber bullets have been fired.

12:36 – Colonel Abdul Raheem of the MNDF has told Minivan News that security would not hesitate to use rubber bullets to disperse crowds, calling them a “non-lethal weapon” that does not constitute excessive force.

12:35 – Haveeru has reported that some protesters have allegedly harassed and threatened some reporters and media personnel.

12:32 – President Waheed has once again left the chamber after disruptions by MDP MPs who have continued to bang copies of the constitution on their desks.

12:28 – The Majlis session has restarted. President Waheed is now in the parliamentary chamber.

12:25 – Protesters around Sosun Magu have claimed that rubber bullets are being prepared for use by MNDF forces.

12:20 – Minivan News has witnessed that police have cleared protesters from Sosun Magu to the west of the junction by Majeedhee Magu.

12:15 – Maldives Police has announced on Twitter that the protests in Male’ are no longer being considered as peaceful – “necessary force” is now expected to be used.

12:07 – Sun Online has reported that MP Shifaz fell and injured himself during scuffles withi the Majlis chamber. “What happened exactly is not yet clear,” the news agency added.

12:03 – Police are reported to have temporarily cleared rioters away from VTV studios.

12:02 – Several physical confrontations have been reported from within the Majlis with the MDP alleging that MP Shifaz has been taken away by the MNDF suffering from a broken leg.

11:56 – An MDP supporter within the Majlis has alleged that Baarashu Dhaaira MP Shifaz has been beaten unconscious by MNDF forces.

11:52 – Outside ADK Hospital several men have been seen covered in blood. Minivan News has witnessed some figures attacking the VTV building with bricks. Soldiers are blocking the doors to VTV studios.

11:48 – “Police are continuing to deploy gas as protesters are being driven back down the street [Sosun Magu],” reports Daniel Bosley. “Some are attacking soldiers on their way past.”

11:45 – Soldiers in gas masks have been spotted outside the VTV building on Sosun Magu. Unconfirmed reports suggest four people have been arrested on the street so far.

11:40 – Fire-fighters are still having difficulty controlling the blaze in the Neelan Fihaara area.

11:36 – Under parliamentary rulings, the speaker must call the name of an MP three times to leave the chamber for contempt before they can be removed by Majlis security. Two MPs have been removed at present. “It could be a long day,” one observer with knowledge of parliamentary proceedings has noted.

11:33 – “The police and local people are now trying to escort police vehicles from the fire. Firemen are still working to put out the blaze,” Naahee adds.

11:29 – Meanwhile, a fire has continued to rage in the Neelan Fihaara. “The fire has even spread to the land in front of the nearby auctioning market,” reports Mohamed Naahee. “ The police garage is right next door.”

11:26 – “There are people now ferrying cases of water to the protest’s front lines in what appears to be a measure to counter the tear gas deployed by police,” reports Daniel Bosley on Sosun Magu. “People are dousing themselves in water.”

11:23 – Protesters on Sosun Magu are said to be cheering as a riot shield is taken from the police and held aloft. An ambulance has arrived on the scene.

11:20 – Confrontations appear to be escalating in the capital with local media reporting that police have now called for the protest on Sosun Magu to be broken up. Outside Majeediyya school, flags and pavement stones are reported to have been thrown at police.

11:16 – “The situation has really escalated on Sosun Magu with tear gas now being deployed. However, the MDP supporters appear to be regrouping,” reports Minivan News’ Daniel Bosley.

11:13 – A Minivan News reporter has witnessed police deploying tear gas on Sosun Magu.

11:08 – Tensions are escalating across the capital amidst claims that a police officer has been injured in scuffles with protesters. Sun online reports that tear gas has been used in response.

11:02 – Haveeru has reported that protesters gathered near the Health Ministry building have begun throwing bottles of water at police as well as trying to breach their lines. Military personal have also now removed MP Alhan Fahmy from the parliamentary chambers.

10:56 – Local media is reporting that military personnel have now been called to Sosun Magu to assist police with a large protest taking place on the street. A spokesperson for the police told Minivan news that they would be working in collaboration with military officials. “They [the MNDF] will be helping us where needed,” the spokesperson added, without elaborating on the nature of the assistance.

10:50 – Outside the chamber, police are said to have cordoned off more than 15 streets including those surrounding the President’s Office and the Majlis in a bid to try and control protests.

10:46 – Meanwhile, Sun Online has reported that President Waheed was not provided with a traditional “red carpet welcome” when entering the Majlis. He instead entered the parliament gate straight from his car.

10:36 – Haveeru has reported that police have been informing protesters gathered on Sosun Magu that peaceful protests will be allowed as part of their constitutional rights, but action will be taken against anyone found to “impede” police.

10:35 – MPs are drumming on tables with copies of the constitution. President Waheed is reportedly in the Majlis, though not yet in the parliamentary chamber, according to state media.

10:33 – Shahid has called for an intermission amidst continued disruption by MDP MPs.

10:27 – Speaker Shahid has asked MP Alhan Fahmy to leave the chamber due to ongoing disruptions as he tries to establish order to the football match-esque atmosphere. MDP MPs are shouting “Baagee Waheed” for their part.

10:23 – The Speaker has called for President Waheed to deliver his address. The MDP MPs have begun their protest.

10:20 – Parliamentary Speak Abdulla Shahid has just started the Majlis session. He has begun with a eulogy for the late Fathulla Jameel. The MDP have vowed to begin their protest after respecting the eulogy.

10:10 – A group of about 200 anti-government protesters replete with MDP and Maldivian national flags have been witnessed in a sit down demonstration outside Majeediyya school – one supporter has claimed it is the school midterm break at present.

09:55 – A Minivan News journalist in the area surrounding the Majlis says that the situation directly outside parliament remains quiet at present, with a somewhat noisy group of protesters currently having gathered at Sosun Magu as police work to enforce a designated route for demonstrators.

The reporter adds that police have blocked access to the Majlis via Fehimagu.

09:45 – A police spokesperson had told Minivan News that there has been no reports so far of conflicts with groups of protesters that are beginning to gather around Male’.

The spokesperson said that the police were hoping to use “minimum force” to keep the protests under control as the Majlis is set to reopen, but the situation would be reviewed as the day progresses.

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IPU requests parliament proceed without obstruction

The Inter-Parliamentary Union (IPU) has called on all political parties in the country to ensure that parliament is not impeded when the People’s Majlis reconvenes tomorrow.

Parliament is set to open  for the first time since members of the Maldives Democratic Party (MDP) obstructed the session from opening on March 1.

In a day of ongoing international developments regarding both the legitimacy of the government of Mohamed Waheed Hassan and the functioning of the People’s Majis, the IPU held a press conference today in Male’ calling for a peaceful resolution to the political stalemate resulting from a controversial transfer of power last month.

The Inter-Parliamentary Union is the world organisation of parliaments and was established in 1889. It works to foster coordination and exchange between representative institutions across the globe. The IPU also offers technical support to affiliated nations. The Maldives has been affiliated with the organisation since 2005.

Amidst ongoing allegations by the MDP that President Dr Mohamed Waheed Hassan has replaced Mohamed Nasheed through a “coup d’etat” assisted by a mutiny among sections of the police and military, the party’s leadership has said it is committed to continuing to obstruct the Majlis until early elections are first agreed upon.

The increasingly fractious and partisan atmosphere within Maldivian political circles led to MDP MPs on March 1 preventing President Waheed from performing his constitutional duty of opening parliament with a state of the nation speech.

Former President Mohamed Nasheed has said that his party intends to continue efforts to block the Majlis from opening until President Waheed bows to international pressure from bodies such as the Commonwealth and the EU and sets a date for early elections to resolve the questions of his legitimacy democratically.

Amidst the stand off, Martin Chungong, Director of Programmes for the IPU, told the gathered media that it was vital for parliament to preserve its integrity by continuing to function correctly as well as calling on all parties to avoid inciting or committing acts of violence during the session.

The IPU delegation said that their remit within the Maldives remained to try and facilitate a peaceful resolution to the political upheaval faced by President Waheed since he controversially came to power on February 7.

To this end, Chungong said he believed that it was for the Maldivian people, and not an external party, to provide a solution to the current political stalemate.

Despite calling for a peaceful resolution, the IPU delegation stressed that it was ultimately down to the parliamentary speaker to enforce any decision to remove MPs who were openly trying to obstruct tomorrow’s session from taking place.

Meanwhile, newspaper Haveeru has reported that following fierce debate today amongst its leaders, the MDP had decided to prevent President Dr Mohamed Waheed Hassan from entering the chamber tomorrow, in fulfilment of his constitutional obligation to address the opening of the People’s Majlis.

The party’s democratic group has reportedly agreed to allow Speaker Adbullah Shaheed to enter the People’s Majlis after having barred his access on March 1. The group has also agreed to allow a minute’s silence in commemoration of the former Foreign Minister Fathullah Jameel who recently passed away.

After this point in tomorrow’s proceedings though, MDP MPs have pledged to begin their protests despite concerns also being raised by the the Commonwealth Ministerial Action Group (CMAG) about obstructing parliament from functioning.

Speaking to Minivan News earlier today, MDP spokesperson Hamid Abdul Ghafoor said that within the current climate, continuing to try and block the Majlis was a “thorny issue,” but that he believed that the party could viably continue its attempts to block parliament.

He added that from the MDP’s perspective, the party had little choice but to continue to try and prevent parliament from continuing in order to “protect” the integrity of the Majlis.

Despite CMAG’s criticism of efforts to block parliament from functioning, Ghafoor claimed that international calls from groups like the Commonwealth for early elections and constitutional reforms showed that there were questions to be answered over the legitimacy of the present government.

“We do not believe Dr Waheed to be a legitimate leader,” he said. “The MDP’s position is to try and find a political situation to agree on an election date and the corresponding constitutional reforms required to do this before opening parliament. This was highlighted and agreed by MDP members, but rejected by the opposition.”

Ghafoor claimed that the MDP has been working with the government and opposition politicians to try and secure an end to the current political deadlock.

Parliamentary Group leader Ibrahim Mohamed ‘Ibu’ Solih, has previously expressed concern that Dr Waheed was not open to finding a potential solution on a timetable for elections.

Nasheed on front lines

Former President Nasheed told his supporters that he himself planned to be on the front lines of the protests outside the reconvened Majlis session tomorrow and claimed that authorities “would have to shoot him” before they could proceed with the opening.

In responding to the MDP’s comments, President Waheed’s spokesperson Abbas Adil Riza called on former President Nasheed to “stop advocating violence” particularly among young people, in regards to blocking the Majlis and opposing the government.

“More than 200 youths currently face charges for torching public buildings since February 8,” he added.

Though Riza said that the public would be free to gather on some of the capital’s roads to protest, he added that inside the parliament chamber, it was for the Speaker of the Majlis and not the government to ensure parliament functioned correctly.

The government spokesperson added that just as under the government of Mohamed Nasheed, the speaker had control of 60 Majlis guards that had the power to remove disruptive elements from the parliamentary floor.

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Maldives may reconsider Commonwealth membership

The Maldives government has said it may “consider” its membership in the Commonwealth in the future after the body’s Ministerial Action Group (CMAG) repeated calls for early elections in the country.

President Waheed’s spokesperson Abbas Adil Riza told Minivan News today that although the government was not currently looking to re-assess the country’s role as a member of the intergovernmental organisation, it was concerned over the language used in a statement by the Commonwealth Ministerial Action Group (CMAG) on Friday.

“The government is concerned at the language that has been used by the Commonwealth [in the latest statement] and we condemn it. The foreign minister has conveyed this as well,” he said. “If this language continues, we will look to consider our position [in the Commonwealth].”

Riza added that the government would also forward its concerns about the language of the CMAG statement to the Commonwealth’s Special Envoy, Sir Donald McKinnon, who arrived in the Maldives on Friday.

Commonwealth role

Debate over the role of the Commonwealth in the Maldives has intensified over the last week following the political uncertainty generated by the ongoing controversy over the transfer of power that saw Dr Waheed replace Mohamed Nasheed as president on February 7, 2012.

In Friday’s statement, CMAG said it “continued to be strongly of the view that the earliest possible expression of the will of the people was required to establish universal faith in the legitimacy of those who govern the [Maldives].”

The government has since responded that discussions, road map talks, and other constitutional amendments designed to set out plans for any early elections remained an “internal issue”. Riza therefore called on the Commonwealth to refrain from issuing further statements with “language like that”.

Speaking yesterday about the elections calls, Foreign Minister Dhunya Maumoon said that CMAG, which serves as the Commonwealth’s democracy and human rights arm, had shown some bias in its comments. However, she added that the statement had been positive about some of the government’s initiatives to try stabilise the country’s fractured political structure.

“The statement somewhat promotes the interests of a certain party or a certain individual. But I don’t want to say that exactly. Because there are many statements that are positive towards the government,” the foreign minister told reporters.

Majlis concerns

Meanwhile, the Maldivian Democratic Party (MDP) has said it will continue to try and prevent the Majlis from functioning until a date for early elections is set.

The CMAG had raised concerns regarding the obstruction of parliament by MDP MPs during the opening on March 1. It expressed regret over the disruption of parliament on March 1 and urged “all parties to engage in dialogue without delay, in earnest and in good faith with a view to achieving agreement on the date of early elections”.

MDP spokesperson, Hamid Abdul Ghafoor said continuing to try and block the Majlis was a “thorny issue,” but believed the party could viably continue its attempts to block parliament.

He added that from the party’s perspective, it had little choice but to continue to try and prevent parliament from holding its opening position to “protect” the integrity of the Majlis.

“The moment we allow a coup leader to address parliament, the public will begin to question the integrity of the Majlis,” he claimed.

Former President Nasheed told his supporters that he himself planned to be on the front lines of the protests outside the reconvened Majlis session tomorrow and claimed that authorities “would have to shoot him” before they could proceed with the opening.

Constitutional requirement

The government maintains the allowing the Majlis to open and Dr Waheed to speak to parliament was a constitutional requirement and not related to calls for Waheed to concede early elections.

In addressing the MDP’s comments, Abbas Adil Riza said that the Majlis operated as a separate entity from the president and therefore calls to hold fresh elections were not related to allowing parliament to function.

Riza added that the government was therefore calling on former President Nasheed to “stop advocating violence” particularly among young people, in regards to blocking the Majlis and opposing the government.

“More than 200 youths currently face charges for torching public buildings since February 8,” he added.

Though Riza said that the public would be free to gather on some of the capital’s roads to protest, he added that inside the parliament chamber, it was for the Speaker of the Majlis, Abdulla Shahid, and not the government to ensure parliament functioned correctly.

The government spokesperson added that just as under the government of Mohamed Nasheed, the speaker had control of 60 Majlis guards that had the power to remove disruptive elements from the parliamentary floor.

Despite CMAG’s criticism of efforts to block parliament from functioning, Ghafoor claimed that international calls from groups like the Commonwealth for early elections and constitutional reforms showed that there were questions to be answered over the legitimacy of the present government.

“We do not believe Dr Waheed to be a legitimate leader,” he said. “The MDP’s position is to try and find a political situation to agree on an election date and the corresponding constitutional reforms required to do this before opening parliament. This was highlighted and agreed by MDP members, but rejected by the opposition.”

Ghafoor claimed that the MDP has been working with the government and opposition politicians to try and secure an end to the current political deadlock. However, the spokesperson claimed that Parliamentary Group leader Ibrahim Mohamed ‘Ibu’ Solih, has previously expressed concern that Dr Waheed was not open to finding a potential solution on a timetable for elections.

Opposition parties including the Progressive Party of the Maldives (PPM) and the Dhivehi Rayyithunge Party (DRP) have so far withdrawn from the roadmap talks aimed at finding a political solution to the current upheaval in protest at the MDP blocking parliament earlier this month.

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Rival parties request Male’ space after council grants MDP Tsunami Monument area

Rival political parties have requested private protest areas around the capital after Male’ City Council allowed the Maldivian Democratic Party (MDP)  to keep a camp at the Tsunami Monument area to until June.

The Jumhoory Party (JP), led by MP ‘Burma’ Gasim Ibrahim, has sent a letter to the Mayor of Male’, ‘Maizan’ Ali Manik ,requesting he give the party vacant land near the State Trading Organization (STO) for a year.

A statement on the official JP website said that the letter was sent by Party Spokesperson Moosa Rameez.

The statement noted that the Tsunami Monument area had been given to Maldivian Democratic Party (MDP), where the party has since setup a protest camp.

Meanwhile, the Progressive Party of Maldives (PPM) has said it has requested that Male’ City Council provide it the Artificial Beach for one year and eight months in order to conduct their own activities.

Speaking to local media, Abdul Raheem Abdulla of the PPM said that there was no reason that the council should not give the Artificial Beach to the party because it had already given the Tsunami Monument area to MDP.

The JP statement also confirmed that the PPM sent a letter requesting it be given the Artificial Beach area.

Three days ago, Male City Council extended the duration given to Maldivian Democratic Party (MDP) to continue its protest at the tsunami monument area.

The council first gave the area to MDP until the end of March, but then extended this period after a request from the party.

Male’ City Mayor ‘Maizan’ Ali Manik today told Minivan News that the council has received the letters.

”The council will now decide on the matter,” he said.

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Youth Alliance march for unity

Yesterday around 250 members of the Youth Alliance marched down Male’s Majeedee Magu hoping, somewhat ambitiously, to promote a non-partisan message of peace and unity. Dressed all in white, the group made it’s way down Male’s busiest street accompanied by white balloons, drums, and smiles.

The group included supporters from both the Maldivian Democratic Party (MDP), the Dhivehi Rayithunge Party (DRP), and the Progressive Party of the Maldives (PPM).

The start of the march was held up after some supporters of the MDP allegedly attempted to block the Alliance’s path, resulting in a slight delay near the intersection with Chandhanee Magu, shortly after the group had departed from the Social Centre on its way to the Carnival grounds.

At this stage, some marchers decided to abandon the protest, fearing that the event might become a politicised one. Although the group had requested that the event remain politically neutral, some ‘where’s my vote?’ placards could be spotted.

It is also alleged that some PPM supporters attempted to organise a separate gathering to draw support away from the Youth Alliance march.

Disgruntled motorists sounded their horns behind the group as it edged its way along the route. Amidst the crescendo of beeps, one motorbike, riding just behind the group in white, escorted another potential saboteur who chanted “Baaghee Waheed” over a loudspeaker.

One of the group’s organisers, Aishath Hana, was keen to stress that the group did not receive any funding from politicians for their efforts, despite rumours to the contrary.

“We organised this walk for our nation and we even spent our own money to organise this event” said Hana.

Those tailing the group, loudspeaker and all, turned south Boduthakurufaanu Magu while the Youth Alliance turned north towards the Carnival grounds.

Upon reaching their destination, the group gathered in formation to make a peace symbol before singing and dancing to the bodu beru. Hana was happy with the day despite the interruptions, “It was a success…We want to thank everyone who joined in our walk.”

“We had to overcome many obstacles but we made it.”

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PPM MP Mahloof calls on Waheed to give up Kaashidhoo seat to Jabir

MP and Progressive Party of Maldives (PPM) Spokesperson Ahmed Mahloof has called on Mohamed Waheed, the party’s candidate for the Kaashidhoo seat in parliament, to remove himself from an upcoming by-election.

Mahloof told Haveeru yesterday that Waheed had been asked to remove his name from the election in order to leave the seat to the Jumhoory Party’s (JP) Abdulla Jabir.

The JP and PPM are in a coalition along with five other parties in the current government coalition and both parties have reportedly disagreed over who is to run for the vacant Kaashidhoo seat in parliament.

Mahlouf has told the press that Jabir was more likely to win the by-election because Jabir has been working on the development of the Kaashidhoo area for a while and that if Waheed was to contend with him in the election, it could be an advantage for the Maldivian Democratic Party (MDP).

He also said all the members of the PPM Council, except for six individuals, do not want Waheed to run in this by-election.

Meanwhile, PPM Council member Dr Mohamed Saudh has resigned from the party after its leadership said that they did not support Waheed.

Saudh has told local newspaper ‘Sun’ that it was against the party’s spirit and charter to discourage a party member running for an election while expressing support for another organisation.

Waheed is a prominent lawyer who has represented former President Maumoon Abdul Gayoom on several collections.  He work has included helping the Dhivehi Rayyithunge Party (DRP) and PPM in almost all of the court cases filed in the court relating to their affairs whilst they were in opposition.

Last year, the Criminal Court sentenced Independent MP for Kaashidhoo, Ismail Abdul Hameed, to one year and six months banishment after he was found guilty of abusing his authority for financial gain to a third party.

Under article 73(c)(3) of the constitution, MPs found guilty of a criminal offence “and sentenced to a term of more than twelve months” would be stripped of their seat.

Waheed did not respond to Minivan News at time of press.

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MDP stages ‘simultaneous’ protests calling for early election

Maldivian Democratic Party (MDP) supporters last night staged simultaneous protests around the capital of Male’ calling for early elections and the resignation of President Mohamed Waheed Hassan.

The protesters had at first gathered  by the Justice Rally held near the Tsunami monument area, before later moving to different locations including the front of the residences of Parliamentary Speaker Abdullah Shahid and current Defence Minister Mohamed Nazim.

The protesters also chose to gather near Male’ City Council hall, which is close by to a residence of a senior police official.  Demonstrations were also said to have taken place in front of the home of the Progressive Party of the Maldives (PPM)’s Parliamentary Group Leader, Abdullah Yaameen Abdul Gayyoom.

Protesters who gathered up in front of Parliamentary Speaker Shahid’s residence claimed they were calling for him to not to let any “coup” leaders inside the parliament and not to corrupt the Majlis.

They also called the speaker not to obstruct a political solution and to find a way to hold an early election as soon as possible. There were reports of approximately 300 protesters gathering in front of the speaker’s home.

Meanwhile, protesters who gathered near the Male’ City Council hall called on the police to stop alleged brutality against ordinary people claiming the mandate of the police is to serve justly and not torture.

Protesters that gathered in front of Defense Minister Mohamed Nazim’s house, called for an impartial and independent investigation of the alleged “coup” that saw President Mohamed Nasheed “resign” from office.

Some of the protesters had also gathered in front of PPM’s parliamentary group leader Abdullah Yaameen’s residence calling for an investigation into an alleged US$800 million money laundering case in which Yaameen was implicated.

There were some verbal arguments between a group of around 10 to 15 people and protesters who had tried to obstruct the protests. However no violence reportedly took place.

Protesters travelling on motorbikes and about six pickups were witnessed riding around the city calling for early elections and the resignation of President Waheed.

Though there were no reports of serious violence or confrontations, PPM MP Dr Afrshim Ali’s car was allegedly attacked during the demonstrations.

Speaking to the local media, a police media official was quoted as saying that Afrashim reported a case to police stating that his car was attacked, an act he claimed was carried out by protesters during the course of last night’s protests.

According to local media, the unnamed police media official confirmed that the police was investigating the matter and so far nobody has been arrested.

Speaking to Minivan News, Police Media official Ahmed Shiyam said that there were complaints from the public that protests had caused some ‘disturbances’. He added that there had been reports of damage being done to both public and private property, including some police motorbikes.

Shiyam confirmed that the attack on Afrashim’s car was reported to police.

” We have got the report that MP Afrashim’s car was attacked. We will investigate all these reports and take the necessary action,” he said.

However,  MDP MP and spokesperson Imthiyaz Fahmy denied the allegations saying that individual involved in the protests did no such thing.

“We deny all those allegations. There are groups who commit such acts just to blame us. We have reason to believe these groups represent parties that support the Waheed government.” Fahmy claimed.

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