Tag: canada

EC dismissals: Government calls on international partners to respect Maldivian constitution

The government has called on international partners to respect the Maldivian constitution and democratic processes following condemnation of the Supreme Court’s controversial removal of the Elections Commission (EC) chair and deputy chair.

The appeal was made in a statement released by the President’s Office last night welcoming parliament’s approval of a new EC member, which “enables the EC to function with the legally required quorum and hold the general elections scheduled for 22 March 2014.”

“Negative external reaction to judicial decisions of the Maldives challenges the domestic institutions and national processes, thereby undermining the constitution of the Maldives and hindering the ongoing process of democracy consolidation,” the statement read.

It added that strengthening of state institutions was “an ongoing process,” and noted that “high-profile” cases remained stalled at court.

“The government is always ready to work with interested external actors through a process of dialogue and cooperation based on mutual respect in working towards consolidating democracy in the Maldives.”

Since the adoption of the 2008 constitution that established a presidential system with separation of powers, the Maldives has “experienced a vibrant democratic process that has enabled the nascent system to flourish,” the President’s Office said.

The statement comes as the UK, India, and the Commonwealth joined the US, Canada, and the UN in expressing concern with the Supreme Court’s dismissal of the elections commissioners.

The President’s Office statement also echoed calls by Foreign Minister Dunya Maumoon earlier this month urging international partners not to “undermine our judicial system.”

The President’s Office also suggested that its submission to parliament of candidates to fill the vacancies in the commission demonstrated “the government’s unshakable commitment to the independence of the EC”.

“The government of Maldives is fully committed to ensuring the constitutionally guaranteed independence, professionalism, and integrity of the Elections Commission,” the statement read.

The President’s Office argued that parliament’s decision to approve Ismail Habeeb Abdul Raheem to the EC was “consistent with the Supreme Court verdict” dismissing the EC chair and deputy chair.

“In compliance with the verdict, the government proposed to the Majlis for consideration and to vote on the names of candidates to fill the remaining two vacant positions at the Elections Commission,” it added.

Despite parliament’s approval of Ismail Habeeb Abdul Raheem yesterday to replace former EC member Ibrahim ‘Ogaru’ Waheed – who resigned in October citing poor health – the opposition-majority independent institutions committee has declared that EC Chair Fuwad Thowfeek and Deputy Chair Ahmed Fayaz remained EC members

The move followed a letter sent to President Abdulla Yameen, Chief Justice Ahmed Faiz, and Attorney General Mohamed Anil by Speaker of Parliament Abdulla Shahid contending that the dismissals were unconstitutional.

The letter – based on legal advice provided by parliament’s Counsel General Fathmath Filza – stated that the pair were removed in violation of procedures specified in both the constitution and the Elections Commission Act for the appointment and dismissal of EC members.

Article 177 of the constitution states that an EC member could be removed from office if a parliamentary committee established “misconduct, incapacity or incompetence” and  “upon the approval of such finding by the People’s Majlis by a majority of those present and voting.”

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EC dismissals: “Falsified” accounts by international community undermining judiciary, says Chief Justice

Chief Justice Ahmed Faiz has accused the international community of fabricating lies regarding the Supreme Court’s verdict against the Elections Commission (EC).

In doing so, “they have engaged in a battle against the constitution with an independent nation”, said Faiz.

The Chief Justice released a statement strongly condemning statements released by the US State Department and the Canadian Ministry of Foreign Affairs on Tuesday.

These voices of disapproval were joined today by Australia, which has similarly expressed concern over recent developments, noting its “firm expectation” that scheduled elections will go ahead “in a manner that is free, fair, credible and peaceful”.

In his response to such comments, Faiz claimed that neither international countries nor organisations have the authority to criticise and spread falsifications regarding any verdict of the Supreme Court.

Claims by the international community that the apex court is unduly influencing the work of the EC and undermining their independence is against the truth, argued the chief justice.

“I would like to say that these statements regarding a Supreme Court verdict in an internal legal case of the Maldives are inclusive of falsified claims, and undermine the respect and authority of the Maldivian judiciary,” said Faiz.

“They are thus an irresponsible act by the international community, one conducted without observing the events occurring in the Maldives or getting clarifications of the matter from local authorities. I thereby strongly condemn these statements,” the statement read.

“The Maldives is a free and independent state. It is a sovereign state which rules over itself. The releasing of falsified accounts and statements of the Maldives’ Supreme Court’s actions to fulfill its legal obligations is neither an assistance towards consolidating democracy in the Maldives nor towards maintaining rule of law or strengthening of the justice system.”

Faiz emphasized that he would continue to fulfill his legal obligations concerning the mandates of the courts, and that he would do so without any hesitation towards or consideration of international opinion.

Challenging the Supreme Court

Faiz also condemned local groups’ criticism of the verdict. The Maldivian Democratic Party and the Majlis secretariat have both deemed the ruling unconstitutional.

Faiz stated that the most important duty of the apex court is to establish justice, rule of law and to maintain the empowerment of law, and the constitution requires that the Supreme Court has the final say in the interpretation of laws.

He further noted that it was the constitutional responsibility of all state authorities to maintain the respect and positive reputation of the courts.

“While this is so, when the few persons in charge of running the matters of the state repeatedly challenged the verdicts of the Supreme Court and undermined the respect towards the courts, it was an act that certainly eroded people’s trust in one branch of the state and an act that paved the way to the obliteration of the foundation of the Supreme Court,” Faiz continued.

“There is no doubt that the failure to take action against such acts – despite them becoming alarmingly common – negatively affects the Constitution of the Maldives and casts a shadow over the courts of law.”

“It is an incontestable reality that it is a danger to our constitution when there are matters in the judiciary which need to be reformed through the joint efforts of all state authorities, and instead of constructive work to achieve this, the courts are challenged and the judiciary is attacked.”

Faiz concluded the statement asserting that he will continue to work according to his mandate regardless of the criticism that comes his way, and without any hesitation despite any criticisms or obstacles that may be put forth by international organisations and foreign countries.

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EC dismissals: Court decision condemned by international community, EC praised

The decision of the Supreme Court to dismiss members of the Elections Commission (EC) this week has been roundly condemned by the international community.

In statements released today, the US has said it “strongly objects” to the courts actions, and Canada has said that it was “deeply troubled” by the decision, while UN Secretary General Ban Ki-Moon has also expressed concern.

Meanwhile, all three statements have praised the work of the EC over recent months – the US noting that the EC has made “laudable efforts to hold multiple successful elections despite previous judicial interference.”

“The Maldives Election Commission has done an exceptional job under especially difficult circumstances in ensuring transparent, inclusive and credible electoral processes in the Maldives,” read the Canadian statement.

Similarly, the UN stated noted that Ban Ki-Moon “commends the Elections Commission for its professionalism and tireless efforts to ensure credible and transparent elections.”

The growing international criticism of the court’s decision comes alongside domestic accusations that the ruling has undermined the constitution and the independent institutions contained therein.

With less than two weeks remaining until the Majlis polls on March 22, the EU’s Maldives Elections Observer Mission has noted the significant “time pressure” which now weighs on the EC.

Following the dismissal of EC President Fuwad Thowfeek and Vice-President Ahmed Fayaz on Sunday (March 9), the EC is left without a constitutionally mandated quorum needed to hold meetings.

The government is currently taking applications for the vacant positions, after which the president is legally required to submit names to the Majlis for approval.

The Majlis yesterday wrote to both the Chief Justice and the Attorney General stating that the constitution granted the powers for appointments and dismissals of the EC to the legislature.

International critics

“The Court’s decision to censure all members of the commission for ‘disobeying and challenging’ previous Supreme Court judgements also raises questions regarding due process and judicial interference in the electoral process,” read today’s Canadian statement.

“An independent and effective election commission is an essential element in any genuine democracy, and undermining the commission and its ability to function again places the Maldives’ democratic transition in question.”

In a similar vein, the US statement suggested that the court’s decision represented an “unprecedented expansion of judicial powers”.

“The Supreme Court’s insistence on holding parliamentary elections on March 22 while imprisoning the very official responsible for holding those elections calls into serious question the government’s commitment to democracy,” said the US State Department.

Ban Ki-moon underlined the “importance of respect for the principle of separation of powers, the rule of law, and the independence of constitutionally established bodies.”

Today’s criticism comes after repeated warnings from the government to refrain from criticising the country’s courts.

President Abdulla Yameen yesterday noted that the tendency for “first world” countries to “interfere” in the internal matters of small countries was concerning, echoing comments recently made by the Maldives’ foreign minister at the UN Human Rights Council.

“We request our international partners to support us. We request you to contribute constructively in overcoming our challenges. We urge you not to undermine our judicial system,” said Dunya Maumoon the HRC’s 25th session last week.

Dunya yesterday also called upon the Commonwealth – a notable critic of the Maldives during the recent protracted presidential elections – to become a more “relevant” and “responsive” body.

The Commonwealth had not released any statements on the current EC case at the time of press.

The Maldives judiciary has been the subject of international criticism on a number of occasions in recent months.

The UN Human Rights Committee on civil and political rights has previously said it is “deeply concerned about the state of the judiciary in the Maldives”, while the United Nations High Commissioner for Human Rights Navi Pillay last year accused the Supreme Court of “subverting the democratic process”.

UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul expressed concern over the judiciary in a 2013 report, while the International Commission of Jurists (ICJ) had in 2011 stated that the Maldivian courts were failing to serve the public impartially.

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Maldivian-Canadian spat explained by Global News

Canada’s Global News has revealed the story behind the recent war of words between Canadian Foreign Minister John Baird and the Government of Maldives.

The news outlet reports that Baird’s “inappropriate remarks” – later complained about by Waheed in a letter to Canada’s Prime Minister – came as a result of the Maldives’ Acting Foreign Minister accusing Baird of bias during the Commonwealth Ministerial Action Group (CMAG) meeting on September 27.

Citing sources familiar with the incident, Global News’s Laura Stone reported that Dr Mariyam Shakeela had brandished an ipad showing photographs of Baird posing with anti-government Maldivian protesters prior to entering the meeting.

Baird was reported to have responded to the accusation by acknowledging that he was indeed biased.

“Biased in favour in of democracy and a free and fair second round of elections.  Biased against the delay and anti-democratic actions of President Waheed who only garnered five per cent in the first round of elections,” Global News’s sources recalled Baird remarking.

The spat subsequently escalated as Waheed wrote to the Canadian Prime Minister Stephen Harper arguing that these comments had “put unnecessary pressure on an otherwise excellent relationship” between the Maldives and Canada

Baird’s office responded to Waheed’s complaint by pointing out “the irony of the Acting Foreign Minister of the Maldives representing that country at CMAG, when her President received five percent of the vote in the first round of the election. Perhaps that is where President Waheed took offence.”

“It might have also been when Minister Baird pointed out to CMAG members that the second round of elections were ‘suspended’ under mysterious circumstances and called on Maldivian officials to proceed with the second round of elections without delay,” said Baird’s Spokesperson Rick Roth, in a statement.

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President Waheed complains to Canada over Foreign Minister’s “inappropriate remarks”, “harshly worded questions”

President Mohamed Waheed has written a letter of complaint to Canadian Prime Minister Stephen Harper, accusing Canada’s Foreign Minister John Baird of making “inappropriate and derogatory remarks” towards Acting Foreign Minister Mariyam Shakeela during the Commonwealth Ministerial Action Group (CMAG)’s meeting on September 27.

The Commonwealth’s human rights and democracy arm had “expressed concern at developments” in the Maldives following the Supreme Court’s delay of the run-off elections, noting the Commonwealth election observation team’s assessment that “this was a credible electoral process and met the standards for democratic elections to which Maldives has committed itself.”

The Supreme Court meanwhile last night annulled the election in a 4:3 decision, citing a secret police report on alleged electoral irregularities and ordering fresh elections on October 20 with enhanced police and government involvement.

In his letter to Prime Minister Harper, Waheed complained that Baird “posed several harshly worded questions… concerning domestic politics in the Maldives”, and said these “put unnecessary pressure on an otherwise excellent relationship” between the Maldives and Canada.

Shakeela represented the Maldives at the CMAG meeting, “and advocated on the need for reforming the Group in order to make the body a more effective and credible one that can help, not hamper, democracy consolidation in the Commonwealth member countries,” according to a Foreign Ministry statement.

“The Minister also highlighted on the need for the CMAG to take matters in proper context, and not to over-react on delicate situations in member countries,” it said.

The diplomatic spat has been widely reported by a bemused Canadian media.

Baird’s office responded to Waheed’s complaint by pointing out “the irony of the Acting Foreign Minister of the Maldives representing that country at CMAG, when her President received five percent of the vote in the first round of the election. Perhaps that is where President Waheed took offence.”

“It might have also been when Minister Baird pointed out to CMAG members that the second round of elections were ‘suspended’ under mysterious circumstances and called on Maldivian officials to proceed with the second round of elections without delay,” said Baird’s Spokesperson Rick Roth, in a statement.

“We believe that this delay is troublesome and can only lead to more instability; which is exactly what we have seen in recent days. The Minister believes that countries within the Commonwealth should adhere to a certain standard of values and principles which is clearly lacking in the Maldives,” the statement read.

“Canada supports the people of the Maldives, and that judicial authorities and security forces must not unduly delay the expression of their democratic will,” it concluded.

Baird has pushed for the Maldives to be placed on CMAG’s formal agenda. Following the group’s meeting in New York, Baird joined Maldivian pro-democracy demonstrators for a photo outside the Australian consulate.

Canadian Foreign Minister John Baird with Maldivian demonstrators
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Global concern as Maldivian court suspends presidential election

The international community has expressed alarm over the Maldives’ sudden suspension of the second round of presidential elections, initially scheduled for September 28.

The Supreme Court issued an interim order on Monday evening, signed by four of the seven-member bench, halting the election until the court rules on allegations of electoral impropriety filed by third-placed presidential candidate, Gasim Ibrahim.

Gasim is seeking annulment of the first round in which he received 24.07 percent of the vote, alleging that he received at least 20,000 more votes and declaring that “God Willing, Gasim will be President on November 11″.

The Elections Commission has dismissed the credibility of evidence submitted to the court, mostly speculation by anonymised witnesses, and noted that even if factual the claims were insufficient to impact the results of the first round. It has also pointed to unanimous positive assessments of the polling by international election observers.

The case is continuing today after the EC’s lawyer, former Attorney General Husnu Suood, was yesterday thrown out for ‘contempt of court’. Suood had argued that the injunction violated Article 111 of the constitution requiring a second round to be held a maximum of 21 days after the first.

India

India, whose observers monitored a third of the ballot boxes across the country, called upon all concerned in the Maldives “to address the current situation at the earliest so that the electoral process could be resumed in a manner that respects the will of the Maldivian people.”

“It is important that the second round of the Presidential elections is held as scheduled and the candidate elected by the people of Maldives assumes the Presidency on 11 November 2013 as mandated by the Constitution,” stated the spokesperson for India’s Ministry of External Affairs.

“India has consistently conveyed its support for the democratic process in Maldives. It was in this regard that India had called for free, fair and credible Presidential elections in meeting the aspirations of the people of Maldives. The first round of Presidential elections was held on 7 September 2013 in a transparent, organised and peaceful manner. This was acknowledged by domestic and international observers, including those from India,” the spokesperson stated.

“We have seen recent reports that the Supreme Court of Maldives has postponed the second round of Presidential elections scheduled to be held on 28 September 2013. This development has resulted in uncertainty concerning the second round, which may have an impact on peace, stability and security in the country,” the spokesperson noted.

Read the Indian statement

United Kingdom

UK Foreign Office Minister Alistair Burt said the country was “extremely concerned” at the Supreme Court’s decision to delay the second round of presidential elections.

“I recognise the right of the Maldivian courts to ensure legitimate allegations of electoral malpractice are investigated appropriately. However, it is vital to avoid any unnecessary disruptions to the national electoral process, and for representatives from all sides to be represented during any legal proceedings,” Burt stated.

“In light of the widely held judgment of both international and domestic observers that elections were free and fair, I hope that the second round of elections will go ahead without further delay. It is especially important that the second round of elections is held within the timescales specified in the Maldives constitution,” he added.

Read the UK’s statement

Canada

Canadian Minister of Foreign Affairs John Baird said Canada was “very concerned” over the delay in the run-off election, and indicated that it would push the Commonwealth’s human rights and democracy arm to put the matter on its agenda..

“International election observers, including from the Commonwealth, as well as domestic election observers, all viewed the September 7 election as free and fair. This delay is troublesome and can only lead to more instability,” said Baird.

“We call on the people of the Maldives to work together in a calm and democratic fashion and on judicial authorities to not unduly delay the expression by Maldivians of their democratic will. We believe that the Commonwealth Ministerial Action Group should discuss this issue at its Friday meeting in New York City,” he added.

Read the Canadian statement

United Nations

UN Secretary General Bai Ki-moon said he was concerned about the Supreme Court’s decision ordering the postponement of the second round, given that the first round was “widely recognised as a success by international and domestic election observers.”

“It is of the utmost importance that the will of the people be respected in deciding the future of the country. These are pivotal elections for reaffirming the democratic process in the Maldives,” read a statement from the UN Secretary General.

“The people of the Maldives have exhibited great patience and should have the opportunity, without undue delay, to exercise their vote. The Secretary-General urges all Maldivians to exercise restraint, renew their commitment to the Constitutions and work toward conducive conditions for peaceful, credible run-off polls to take place as soon as possible.”

Read the UN statement

European Union

The European Union has noted the temporary injunction issued by the court, but also recalled that the international community recognised the outcome of the first round as inclusive and credible, and considered that it reflected the will of the Maldivian people.”

“I call upon the responsible Maldivian authorities to ensure that the second round takes place without delay and in accordance with the constitution of the Maldives. I urge all Maldivians to work together to safeguard the integrity of the democratic process and ensure that the second round takes place in the same impartial and effective spirit as the first,” stated EU High Representative Catherine Ashton.

Read the EU’s statement

Australia

The Australian government said it had noted court’s postponement of the second round of presidential elections, despite the “positive findings of international observers, including the Commonwealth Observer Group, on the conduct of the recent first round”.

“These elections are an important step in entrenching democracy following the disputed transfer of power there in February 2012,” read a statement from the Australian High Commission in Colombo, Sri Lanka.

“Australia hopes to see an early resumption of the electoral process, with the second round of elections conducted in a manner that is free, fair and transparent, in accordance with the rule of law, and gives free expression to the will of the people of the Maldives,” the statement read.

“We call on all parties to maintain calm and order and to work together peacefully and cooperatively while this situation is considered by the Supreme Court. It is important that the results of the democratic process are respected.

“The international community will continue to watch developments in the Maldives very closely.”

Read the Australian statement

United States

US Ambassador Michele J Sison visited Male on September 24-25 where she “urged Maldivian officials and political party leaders to resolve the issue of elections promptly.”

“International and domestic observers, including US government officials, all characterised the first round of Maldivian presidential elections as free and fair. The high turnout reflects the Maldivian people’s desire to elect democratically their own representatives,” read the US statement (also in Dhivehi).

“Holding the second round of elections in a timely fashion – as mandated by the Maldivian constitution – is central to the democratic process and a peaceful transition of power that reflects the will of the Maldivian people,” the statement read.

At the same time, the US Embassy in Colombo issued an alert to US citizens travelling in the Maldives recommending that they “exercise caution, avoid large crowds and monitor media coverage of local events.”

Read the US statement

Commonwealth

Commonwealth Special Envoy to the Maldives Sir Donald McKinnon said it was “deeply worrying to hear comments calling for the annulment of [the] election. No election anywhere is going to be absolutely perfect and there was no evidence or claim before the election that the voter register was manifestly so deficient as to so distort the outcome.”

He called for the Supreme Court to “deliver its judgment expeditiously in the case pending before it so that the second round can be held, and the verdict of the Maldivian people determined, without further delay.”

“The people of Maldives went to the polls in good faith on 7 September to elect a president. That election was found by national and international observers, notably by a high-level and experienced Commonwealth Observer Group, to be competitive and credible,” McKinnon said.

“As I have stated before, the Maldivian people must be the winners in this election – they are collectively more important than any one political leader. The people of Maldives worked hard to get a democratic constitution, they want it respected and it is their right that the elections deliver a result that reflects the wishes of the majority.”

Read the Commonwealth statement

Maldivian government condemns “irresponsible statements”

President Mohamed Waheed Hassan, who received 5.13 percent in the first round of presidential elections, has lashed out at “irresponsible statements by foreign governments and international organisations” which he declared are “not be helpful in consolidating democracy in the country.”

“Our statutory institutions, including the judiciary, have shown that they are capable of making sound and impartial decisions on some of the most complex issues of national importance,” read a statement from Waheed on the President’s Office website.

The comments appeared at odds with a report from UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, who in May 2013 presented a detailed report documenting a judicial system in crisis to the UN General Assembly.

The Special Rapporteur wrote that she was “concerned that the Supreme Court is perceived as not following due process in many of its decisions. It is also troublesome that some of the Supreme Court’s interventions are perceived as arbitrary and as serving the judges’ own personal interests.”

President Waheed meanwhile called “on foreign governments, the UN, and the Commonwealth to show responsibility and to refrain from issuing statements commenting on, and speculating about, the on-going court case.”

“Local and international observers did a commendable job in observing the elections. Yet, they do not decide on the cases filed by one or more candidates in an election. It is never done anywhere in the world,” Waheed stated.

Read President Waheed’s statement

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Canada condemns Maldives govt’s “politically motivated threats to arrest its opponents”

Canada’s Minister of Foreign Affairs John Baird has issued a statement expressing “deep concern” over ongoing political tensions in the Maldives, in particular the government’s “politically motivated threats to arrest its opponents.”

As Canada’s foreign minister, Baird is a member of the Commonwealth Ministerial Action Group (CMAG), the international body’s democracy and human rights arm that suspended the Maldives following the controversial transfer of power on February 7, and was behind the strengthening of President Mohamed Waheed’s Commission of National Inquiry (CNI).

“It is clear that the arrests of senior officials of the Nasheed government are politically motivated. Such actions are completely unacceptable and must be reversed,” Baird stated.

“The threats of the present government to arrest its opponents, including former President Nasheed – the only democratically elected president in the last four decades – so as to prevent his candidacy, undermine that government’s credibility and violate its undertakings to the Commonwealth Ministerial Action Group. They also fly in the face of the core Commonwealth values of democracy, human rights and the rule of law,” Baird stated.

“The Maldives has been given the benefit of the doubt by the Commonwealth so far. Continued intimidation, illegal arrests and other authoritarian tactics by the present government may require the Commonwealth to consider a different approach, in our view.”

Nasheed was today ordered to attend police headquarters on August 2 concerning comments made during a tapped phone conversation released by police last week, in which the former President states “I think we need to fight back [against police].”

The government’s actions were, Baird said, “further evidence of the need for early elections, as Canada has repeatedly urged. These disputes must be settled, and the will of the people must be heard.”

“In order to safeguard the important democratic progress made in recent years, an inclusive political solution is critical to the future of Maldives. Canada will continue to work with the Commonwealth Ministerial Action Group to push for greater respect for democratic values.”

Canada’s statement on the state of the Maldives is among the most strongly-worded issued by another nation following the political turmoil of February 7, with the exception of Timor Leste (East Timor).

Nobel Peace Prize recipient and President of Timor Leste, José Ramos-Horta, issued a statement on February 21 condemning “the ousting under military pressure” of President Mohamed Nasheed in an ““obvious” coup d’état.

“It should be of concern to the World that extremist elements abusively invoking Islam were instrumental in stirring up violent demonstrations, religious intolerance and social upheaval as the coup d’état set in motion,” Ramos-Horta said at the time.

“Therefore, it is all the more strange and unsettling the silence with which big powers and leading democracies respond to the undemocratic developments in the Maldives. It has been a sad day for democracy in the Maldives and beyond.”

President’s Office Spokesperson Abbas Adil Riza said the Canadian Foreign Minister’s statement was “based on misinformation” as “no arrests have been made and all political opponents are free to conduct their protests every day.”

Riza suggested that the statement was based on information “received only from one side”.

As for the suggestion of a “different approach” by the Commonwealth, Riza said the government was “very much engaged” with the international body, and that Baird’s was “one isolated view” that the Maldives Foreign Ministry would look into.

“We met with several [international] authorities while in Geneva and the Maldives is not much of a concern [to them]. They welcome the work the government is doing regarding human rights and development,” Riza said.

According to tourism statistics 2243 Canadian tourists had visited the Maldives as of June this year, an increase of 4.5 percent on the same period last year.

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