Tag: constitution

MNDF officers in ‘constitution appeal’ face disciplinary action

Four Maldives National Defense Forces (MNDF) officers – all signatories of an appeal calling on their fellow soldiers not to obey “unlawful” orders issued by the president following the expiry of the presidential term on November 10 – are facing disciplinary action.

Staff Sergeant Hassan Hameed of the Marine Corps is being held in the MNDF training facility at Girifushi Island, while Sergeant Ismail Sobeeh is being held in the military barracks at Bandaara Koshi, sources within the military have said.

Corporal Mohamed Rasheed and Lance Corporal Ahmed Anwar Ali have been barred from entering any military facilities.

The appeal signed by 73 mid-ranking officers – titled “An appeal to soldiers to maintain their oath to be professional and apolitical” – cites Article 107 of the constitution which limits a presidential term to five years and notes there will be no president and commander in chief at midnight on November 10.

“With reference to the aforementioned constitutional articles, we believe any order they make in the name of any institution on the army and police is unlawful. We call your attention to Article 245 of the Constitution which states that we do not have to obey such orders,” the appeal states.

MNDF spokesperson Colonel Abdul Raheem confirmed Hameed is being investigated on a disciplinary matter, but declined to comment on where he is being held.

The MNDF was not responding to calls when Minivan News called to check on the status of the three other soldiers.

An hour before the expiry of his presidential term, President Dr Mohamed Waheed declared he would stay on until the end of run off polls on November 16.

On the same night, police questioned suspended Brigadier General Ahmed Nilam who was removed from service in January this year.

The MNDF in October brought amendments to its regulations imposing punishments on officers found guilty of inciting upheaval and chaos.

The Military Act amendments came after senior officers sent a letter of concern over delays in presidential polls to Chief of Defense Forces Major General Ahmed Shiyam. The letter warned of political turmoil within the military should presidential elections be delayed and a new president not be determined by the end of the term.

Following the circulation of the letter on social media, First Lieutenant Abdulla Shareef, Sergeant First Class Ali Waheed and Lance Corporal Sharhaab Rashid were handed ‘indefinite suspensions’ for allegedly inciting disruptions in the military ranks.

Minivan News understands the three soldiers are still on suspension without pay and without permission to work elsewhere.

On the same day, Brigadier General Abdulla Shamaal was also removed from his position as the Commandant of Training and Doctrine.

The ‘anti upheaval and chaos’ amendment that has now become the 22nd chapter of the Military Regulation defines ‘upheaval and chaos” as

  • Making demands through petitions drawn among two or more officers
  • Displaying content that could sow discord and disorder amongst military flanks through speech, writing, graphical depictions, photographs or any other means
  • Speech or conduct that amounts to doubts and questions being raised about the legality of an order given to the officers or a group of officers and
  • Incitement of hatred and false allegations towards the upper ranks of the military.

Former Male Area Commander of MNDF Retired Brigadier General Ibrahim Mohamed Didi – publicly regarded as a hero for his exploits during the 1988 Tamil coup attempt – in a letter published on social media also advised military officers to uphold the law and constitution regardless of who attempted to undermine it.

“My advice to the military officers is: ‘Do not give the opportunity to anyone who plans to rule this country by taking the laws to their own hands and override the constitution and undermine the constitutional framework of this country’,” wrote the ex-Brigadier General.

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Saturday’s election an opportunity to reverse damage of February 7, says Nasheed

The long-awaited president election on November 9 is an opportunity to “regain the development lost on February 7, 2012,” former President Mohamed Nasheed said in his final campaign message ahead of tomorrow’s presidential polls.

“Through the right to vote we will secure the right to water and sanitation, housing, transport, and education,” the Maldivian Democratic Party (MDP) presidential candidate said. “Our second term will also bring contentment to the Maldivian people.”

The MDP’s “costed and budgeted” manifesto was devised to bring about the “proud citizen” who can stand tall, provide for his family through honest work and be free from anxiety over unaffordable healthcare, he said.

“I am asking very sincerely for your vote on the November 9 election,” Nasheed said.

“The election November 9 is the final result of the coup perpetrators’ devious plot to undermine the constitution and take over the government,” he said.

“Today we are able to have this election as a consequence of the efforts of many Maldivian citizens in defence of our future.”

Nasheed expressed particular gratitude to the staff of the Elections Commission.

The economy has suffered the consequences of annulling and delaying the presidential election while relations with foreign partners have deteriorated to unprecedented levels, he continued.

Establishing strong ties with the outside world does not amount to “forgoing our nationhood,” Nasheed contended, adding that Maldivian nationhood in a globalised world would be “based on Islam, the Dhivehi language, culture and human rights.”

Foreign ambassadors and diplomats were coming to the Maldives more than ever before to “save the Maldivian people from the impoverishment we could face if there is no elected government,” he said.

The Maldives could not afford to be an “isolated nation” as foreign assistance was required for infrastructure development, higher education opportunities, and medical treatment.

Development could not be secured by “oppressing, suppressing and intimidating the people,” he said.

State of the economy

The MDP meanwhile issued a press statement today calling on the Auditor General to conduct an audit to assess the state of the government’s finances.

The party contended that the Finance Ministry has accumulated domestic debt in violation of the Public Finance Act while the Maldives Monetary Authority (MMA) printed money to finance the government’s deficit spending.

Compared to 2012, the party noted that loans or credit sought from the domestic market increased 30 percent this year.

The MMA governor revealed to parliament’s Finance Committee recently that the government owed MVR1.5 billion to the central bank, MVR1.5 billion to the State Trading Organisation (STO) and “close to a billion to other parties that release credit to the government,” the statement observed.

MMA Governor Dr Fazeel Najeeb had said that the sums were not included in the 2013 budget while the 2014 budget had no allocations for repayment, the MDP noted.

The value of the rufiya has fallen as a result of printing MVR1.5 billion to finance government expenditures, the party argued, noting that the MDP government ceased deficit monetisation in August 2009 through an agency agreement between the Finance Ministry and MMA.

Under the circumstances, the statement continued, offering a lump sum payment to ministers was “shameful.”

Islam and sovereignty

Meanwhile, speaking at the final campaign rally of the Progressive Party of Maldives (PPM) last night, the party’s candidate Abdulla Yameen said it was “obligatory” upon all Maldivians to vote for him for the sake of Islam and the nation.

Yameen appealed to members of Adhaalath Party, Jumhooree Party and the Dhivehi Rayyithunge Party to vote for him.

The PPM’s efforts during the three year MDP government showed that it was the only party that worked on behalf of the religion and the nation, Yameen said.

People should not complain or blame political leaders if they did not perform the duty of voting for the PPM candidate on Saturday, the half-brother of former President Maumoon Abdul Gayoom said.

While the Maldives is not a rich country, Yameen said it could be made a prosperous nation under the stewardship of a “trustworthy” president.

The PPM leadership was comprised of “capable, educated and sincere” people, he added.

The next leader would have to begin from “1000 feet under” as the national debt had soared such that a newborn was indebted by MVR180,000, Yameen said.

A PPM government would clear the budget deficit in its first two years and achieve a surplus in the third year, Yameen pledged.

Yameen said he could have “awarded projects any way I wanted” when he served in the cabinet and as the chairman of government-owned companies under the Gayoom administration, and could have become the richest man in the country.

“But, God willing, after a long public service, I am able to talk about the corruption of another person in front of the people at this podium today because, by the grace of God, I am free from [corruption],” he said.

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MP Azim’s arrest extended for 15 days

The Criminal Court has extended Maldivian Democratic Party (MDP) MP Ali Azim’s detention by 15 days.

The Maldives National Defense Forces (MNDF) stormed the People’s Majlis yesterday and forcibly removed Azim, handing him over to Maldives Police Services on charges of assaulting an MNDF officer.

Azim’s lawyer Mohamed Fareed said the MP is currently in Dhoonidhoo Island Remand Center and is in good health.

The MNDF obstructed Azim from entering Majlis after the Supreme Court had stripped him and DRP MP Mohamed Nashiz of their parliamentary seats over decreed debt on October 22.

Dissenting judges said the two MPs cannot be disqualified as the two were guarantors on a loan in which mortgaged assets had been taken over by the creditor. The parliamentary privileges committee has said it does not accept the “politically motivated” ruling as it was issued against the Supreme Court’s procedures.

Speaker Abdulla Shahid has sent a letter to the Chief of Defense Forces Ahmed Shiyam condemning the army’s actions in obstructing and removing Azim from the Majlis.

Shahid called on Shiyam to act within the confines of the law in overseeing Majlis security.

Noting that the constitution and Parliamentary Privileges and Powers Act affords the Majlis speaker control over Majlis premises and that the MNDF is required to act on the Speaker’s orders within the parliament, the letter said, “We note, with great sadness, that the [MNDF] acted against the aforementioned procedures in obstructing and arresting Medhu Henveiru MP Ali Azim.”

“At the request of the Chief of Defense Forces, the Majlis had sent a letter outlining how the [MNDF] were to act on the matter. However, without any instructions from the Majlis Speaker, a large number of uniformed MNDF officers entered the People’s Majlis and forcibly removed Ali Azim,” the statement read.

The letter further stated that the MNDF had infringed upon the powers of the Majlis Speaker as detailed in the Constitution and Act no 5/2013 on the Parliament’s Privileges and powers.

No contact with speaker, say MNDF

Article 4 of parliamentary regulations read: “Unless otherwise explicitly stated in the Constitution or laws, the Majlis building, chambers, the pathways and corridors leading to the chambers within the Majlis premises and the Majlis courtyard is under the control and orders of the Majlis Speaker.”

However, the MNDF in a statement disputed receipt of a letter by the speaker, claiming that he had failed to respond to the MNDF’s request for instructions on how to proceed on the Azim and Nashiz case.

“The Maldives National Defense Forces will not prevent the two from entering the People’s Majlis if the Speaker orders the MNDF in writing to let them enter the Majlis,” the MNDF said.

The President’s Office has said the government accepts the disqualification of the two members, stating that the removal of Azim from the Majlis premises was the MNDF’s duty.

“The government believes that the two disqualified members no longer hold seats in the parliament. MNDF, as part of their duty, has prevented one of the disqualified members from entering the parliament building today. When this particular member assaulted the MNDF security officers, MNDF has now handed over custody of the member to Maldives Police Service,” a statement by the President’s Office said.

“Every Maldivian citizen must at all times obey the Constitution. In this regard, every citizen must respect the courts’ rulings. The government will not tolerate any individual who challenges the courts’ decisions,” the statement added.

The MDP has condemned the government and Supreme Court’s “purging” of its MPs, and has suggested that Azim and Nashiz’s removal was to obstruct a no confidence motion scheduled against Attorney General Azima Shakoor. The party has also submitted no-confidence motions against Defense Minister Mohamed Nazim and Prosecutor General (PG) Ahmed Muizz.

Three MDP MPs are currently on trial, while police have asked the PG to prosecute four additional MDP MPs.

MP Ali Waheed is on trial for disobedience to order for crossing a police barricade, while Hamid Abdul Gafoor and Abdulla Jabir are on trial for alleged alcohol and drug abuse. Police are charging MPs Alhan Fahmy, Imthiyaz Fahmy and Mohamed Rasheed with contempt of court for criticizing the Supreme Court, and MP Ibrahim Rasheed with assaulting a police officer.

The MDP notes corruption charges against several government aligned MPs have been dropped since the controversial transfer of power in February 2012.

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Opposition MPs “purged” as Supreme Court strips Ali Azim, Mohamed Nashiz of parliament seats

The Supreme Court in a 4-3 judgment today stripped Maldivian Democratic Party (MDP) MP Ali Azim and Dhivehi Rayyithunge Party (DRP) MP Mohamed Nashiz of their parliament seats over a decreed debt.

The verdict was delivered in absentia after the pair dismissed their lawyer and a new one was not appointed in time for the re-scheduled session at 5:00pm.

The majority was formed by Justices Abdulla Saeed, Adam Mohamed Abdulla, Ali Hameed Mohamed and Dr Ahmed Abdulla Didi, the same four judge majority which annulled the results of September 7 election following a petition from third-placed candidate Gasim Ibrahim.

Chief Justice Ahmed Faiz Hussain and Justice Abdulla Areef issued dissenting opinions ruling that there were no grounds to disqualify the MPs while Justice Muthasim Adnan reportedly refused to issue a ruling stating that he did not have sufficient time to study the case as he received the testimonies and statements yesterday.

Ali Azim, former MP for mid-Henveiru, joined the MDP from the government-aligned DRP in June this year.

Nashiz, former MP for Raa Alifushi, is a half-brother of DRP Leader Ahmed Thasmeen Ali and husband of the party’s deputy leader MP Rozaina Adam. Following the annulled first round of the presidential election on September 7, the DRP decided to back MDP presidential candidate and former President Mohamed Nasheed.

With the provisional support of 10 DRP MPs, the MDP had gained a majority of the 77-member parliament. The opposition party had 34 seats.

The Supreme Court case was filed in November 2012 by Mohamed Haleem, a member of the Jumhooree Party’s (JP’s) legal committee. The last hearing of the case took place almost a year ago.

Haleem contended that the MPs should be removed from parliament following a Civil Court judgment in February 2010 involving non-payment of five credit facilities worth MVR117 million (US$9 million) issued to Funadoo Tuna Products by the Bank of Maldives (BML), for which the pair had signed as loan guarantors.

As the lower court judgment was subsequently upheld by the High Court, the Civil Court in 2012 authorised BML to seize the assets mortgaged for the loans, which included Funadoo island, a yacht, and the Reethi Beach Resort.

While the majority verdict held that mortgaged assets was not cause for disregarding a judgment to settle the debt, Chief Justice Faiz ruled that the guarantors would only have to bear responsibility if the debt could not be settled by selling the mortgaged assets.

The case was submitted to the Supreme Court with reference to article 73(c)(1) of the constitution, which states that a member of the People’s Majlis immediately becomes disqualified if the MP has “a decreed debt which is not being paid as provided in the judgment.”

Article 74 states, “Any question concerning the qualifications or removal, or vacating of seats, of a member of the People’s Majlis shall be determined by the Supreme Court.”

The Supreme Court verdict comes days before voting on a no-confidence motion against Attorney General Azima Shukoor scheduled for October 28.

Moreover, an MDP-sponsored bill on transitional arrangements that require President Dr Mohamed Waheed to step down if an election is not held by November 10 was submitted yesterday (October 23).

“Purge” of MPs

The MDP released a statement on MPs being “purged” today, condemning “the continued harassment and intimidation” of its members through “politically-motivated” court cases.

The party noted that Azim and Nashiz’s case was “fast-tracked a day after a crucial vote in parliament, which saw the MDP and its allies win a parliamentary vote by 43 votes to appoint an MDP member to the independent judicial oversight committee, the Judicial Service Commission.”

“Thus the MDP believes the sudden scheduling of the Supreme Court case against MPs Azim and Nashiz is a deliberate attempt to disqualify them from parliament. The MDP notes that while this case has suddenly been taken up enthusiastically by the Maldivian justice system, corruption charges against government-leaning MPs have been dropped,” the statement read.

The statement also noted that the Criminal Court yesterday issued an arrest warrant for MDP MP Hamid Abdul Ghafoor “in violation of the Parliamentary Privileges Act, during a session of the parliament, while Hamid had in writing informed the court he was unable to attend due to his parliamentary duties.”

Hamid remains in the parliament building at the time of press.

Hamid along with MDP MP Abdulla Jabir is being prosecuted for alleged alcohol and drug use as well as refusal to provide a urine sample to police. The pair were arrested in November 2012 following a police raid on an uninhabited picnic island in Haa Dhaal atoll.

“The Supreme Court has lost all credibility in the eyes of Maldivians and the watching world. The judges are working with political leaders of MDPs opponents to further their wishes. These judges are closely linked to the former dictatorship and continuously work to disrupt the democratic process. After invalidating, delaying and obstructing elections, they are now after an MDP parliamentary majority, who have publicly pledged to reform the judiciary,” said MDP Deputy Chairperson Ali Shiyam.

The MDP statement listed the cases of 10 MPs who currently face “politically-motivated charges that threaten their parliament seats.”

The party also noted that its former MP for Thaa Thimarafushi, Mohamed Musthafa, was stripped of his seat over a disputed decreed debt, two weeks after the controversial transfer of presidential power on February 7, 2012.

Police have meanwhile sent cases against MDP MPs Imthiyaz Fahmy, Mohamed Rasheed and Alhan Fahmy to the Prosecutor General’s Office for alleged contempt of court for publicly criticising the Supreme Court.

A Criminal Court case is also ongoing against MDP parliamentary group deputy leader Ali Waheed for allegedly crossing a police barricade in 2010.

The government-aligned Progressive Party of Maldives (PPM) meanwhile declared last month that it would seek the removal of MPs through the Supreme Court for challenging rulings of the apex court.

“There is a dispute on whether [MPs] have lost their seats in parliament due to speaking out against Maldives’ Supreme Court’s order and defaming the Supreme Court, and other court’s judges. I would like to inform you we will file this case at the Supreme Court,” PPM legal advisor Mohamed Waheed Ibrahim told the press on September 29.

Maldivian judiciary

The MDP statement noted that a 2004 report on the Maldivian criminal justice system by Professor Paul Robinson, prepared at the request of the then-Attorney General, concluded that “the Maldivian criminal justice system systematically fails to do justice and regularly does injustice”.

The party also referred to the International Commission of Jurists (ICJ) expressing concern in February 2011 with “the apparent failure of the JSC to fulfil its constitutional mandate of properly vetting and reappointing judges” as well as the “judicialisation of politics”.

Moreover, the MDP noted that in July 2012, the United Nations Human Rights Committee stated that it was “deeply concerned about the state of the judiciary in the Maldives.”

The MDP statement also referred to concerns raised by UN Special Rapporteur on the Independence of Lawyers and Judges, Gabriela Knaul, in a report on the Maldivian judiciary in May this year.

“Justice must not merely be done but must also be seen to be done, and judges must not only be actually impartial they have to appear impartial to the public,” the party statement quoted Knaul as stating.

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Police stopped election illegally, in violation of constitution: Human Rights Commission

Police blocked the Elections Commission (EC) from conducting the re-vote of the presidential election on October 19 in contravention of the constitution, the Police Act, and the Elections Act, the Human Rights Commission of Maldives (HRCM) has said.

The commission said in a press statement yesterday (October 22) that it had replied to a letter sent by the Maldives Police Service (MPS) seeking to clarify which laws the police had violated and whether its claims on local media that police stopped the election were based on an investigation.

Police said on their website on Monday (October 21) that claims of the police acting outside their law enforcement mandate were “misleading” and were made “without considering the truth of the matter at all.”

The HRCM said in its reply that an investigation had been launched “immediately” upon learning that police had obstructed the EC on the morning of October 19 – an hour before polls were due to open.

The commission’s staff went to the EC offices, made inquiries and sought information from the EC secretary general as well as police officers.

“It was established with certainty through the commission’s inquiries that [police] stopped the Elections Commission from taking anything out [of its office],” HRCM said.

Announcing the cancellation of the polls on October 19, the EC said in a statement that its staff were told by police officers that “no document relating to the election can leave the commission’s offices”.

As HRCM deputy chair, Ahmed Tholal, was unable to contact the police focal point until 11:45am despite repeated calls. The commission’s letter dismissed as “false” the police’s contention that the HRCM’s condemnation in the media was made “without any consideration [of the facts].”

The HRCM also revealed that Acting Home Minister Ahmed Shafeeu told the commission that police had “acted upon an order given to them”.

Moreover, the HRCM noted that “the police stand” was made clear in a press conference by Chief Superintendent Abdulla Nawaz on the morning of October 19, in which he said that the police decided not to provide cooperation to the EC as it had not followed the 16-point guidelines imposed by the Supreme Court judgment that annulled the September 7 election.

Following the HRCM statement, former President Mohamed Nasheed tweeted today that he believes the prosecutor general should prosecute Commissioner of Police Abdulla Riyaz for blocking the re-scheduled vote.

Appearing before the parliamentary Security Services ‘241’ Committee on Monday, Riyaz had however denied that police had blocked the election, insisting that the MPS only refused to provide security and cooperation.

Constitution and laws

The HRCM statement meanwhile listed the articles of the constitution and relevant laws that the police violated by obstructing the EC.

By blocking the election, the police “deprived all Maldivian citizens of the right to vote stated in article 26 of the constitution”.

Police also prevented the EC from carrying out its constitutionally mandated duties specified in article 170, which states that the powers and responsibilities of the commission include conducting, managing, supervising and facilitating all elections and public referendums, ensuring the proper exercise of the right to vote, and ensuring that “all elections and public referendums are conducted freely and fairly, without intimidation, aggression, undue influence or corruption.”

Consequently, the HRCM contended, “the Maldives Police Service on October 19, 2013 robbed the Elections Commission of its legal status”.

The commission noted that article 237 specifies the responsibilities of the security services as protecting the nation’s sovereignty, maintaining its territorial integrity, defending the constitution and democratic institutions, enforcing law and order, and rendering assistance in emergencies.

The HRCM argued that the proper role of the police on election day should be “acting upon the advice and consultation” of the EC to prevent the possible intimidation or aggression referred to in article 170.

Relevant laws, MoUs, and Supreme Court guidelines

The HRCM further contended that police violated article 7 of the Police Act (Dhivehi) by obstructing the election and “blocking the basic right of citizens to vote” as the law states that police must respect and protect the fundamental rights of citizens in the performance of duties.

Moreover, since article 13 of the police law states that police powers and discretions are derived from and restricted by the constitution, relevant laws and regulations, and court orders, the HRCM stated that on October 19 police acted “outside the bounds of the law and without a court order to stop the election”.

While police claimed that security and cooperation was withdrawn because the EC breached point five of the Supreme Court guidelines, “as point five of the guidelines does not definitively order the Maldives Police Service to do or not do anything, this commission believes that the police violated the aforementioned guidelines.”

As the Elections Act does not authorise any institution “to exert influence or power” over the EC’s work, the HRCM letter stated that police obstructed the EC in violation of the election law and “in a way that undermines the independence of the Elections Commission guaranteed by the constitution.”

The HRCM also noted that police breached the terms of a Memorandum of Understanding signed between the MPS and EC on September 3, which specified the role of the police in assisting the EC with election-related security.

As police were asked to maintain security and provide protection to the EC, the MoU “under no circumstances gave the power to police to obstruct the Elections Commission.”

The HRCM also argued that police contravened the Supreme Court guidelines as the first point ordered the EC and all state institutions to ensure that the first round of the presidential election was held by October 20.

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Elections Commission consults with government over re-scheduled presidential election

Elections Commission (EC) members met with the government today in compliance with the Supreme Court’s order to consult relevant authorities within 72 hours of its verdict, regarding the re-scheduling fresh presidential elections by its October 20 deadline.

The Supreme Court late last night annulled the first round of the election in a 4:3 decision. Citing a secret police report on alleged electoral irregularities, the court ordered fresh elections by October 20 with enhanced police and government involvement.

After the Majlis meeting today, Independent Institutions Committee member Hamid Abdul Ghafoor described the verdict as “incomprehensible”, and as “technically and logistically not possible”.

The Supreme Court verdict was issued despite unanimous positive assessment of the polling by more than a thousand local and international election observers, while the police report on which it was supposedly based has not been made public and was not shown to the EC’s defence lawyers.

The EC was forced to postpone the presidential election’s second round, citing a lack of state cooperation that prevented the commission from holding a “free and fair vote without intimidation, aggression, undue influence or corruption” on September 28.

The announcement was made September 27, shortly before the EC secretariat was surrounded by Special Operations police with orders from Police Commissioner Abdulla Riyaz to take over the building and ballot papers should it proceed with election preparations.

Parliament

EC officials met with parliament’s Independent Institutions Committee at 12:30pm today, Maldivian Democratic Party (MDP) MP Ghafoor told Minivan News today.

Although committee meetings are normally closed to the public, with the EC’s consent the committee agreed to talk to the media openly about today’s proceedings, Ghafoor explained.

“EC officials refused to leave the Supreme Court last night until they were given a copy of the verdict, which wasn’t provided until 1:30am,” said Ghafoor.

“The Supreme Court totally changed the EC’s mandate in their verdict,” he continued. “They have created a mandate that is totally different from what the law requires.”

Ghafoor highlighted some of the inconsistencies and “constitutional contradictions” within the verdict.

“It requires one new staff member to be hired for each ballot box to conduct ‘new functions’, although it’s not clear what those functions will be,” explained Ghafoor. “That’s 470 new people that have to be hired and trained in the next 12 days.”

“Additionally, the constitution stipulates the final voter list is the EC’s responsibility, but the Supreme Court verdict requires that the commission consider the list provided by the Department of National Registration (DNR) as their primary source,” said Ghafoor.

“The problem with the DNR is that because of bad management there are various errors with their list, which is why the EC should be the final arbiter of the voter registry. The sole authority of the list is up to them according to the constitution,” he continued. “The Supreme Court verdict contradicts the constitution.”

By law it is up to the EC to decide election dates, however the constitutionally-mandated timeline “has been squashed”, noted Ghafoor. “The Supreme Court did not consult with the EC about the new timeline prior to issuing the verdict.”

In a previous meeting with the Independent Institutions Committee, the EC had said that the commission would require 19 to 21 days to conduct the election in a matter that was satisfactory and does justice to free and fair elections, Ghafoor explained.

“The more sinister aspect of this forced timeline, is that it opens up the process to corruption and vote rigging,” he highlighted.

The Supreme Court has made “a right royal mess of this”, he lamented.

The EC also told the parliamentary committee that they had requested to meet Supreme Court Chief Justice Ahmed Faiz Hussain today, as they wanted to consult all three branches of government, the executive, legislature, and judiciary, Ghafoor explained.

However, the Chief Justice instead agreed to meet the EC at his convenience tomorrow (October 9) at 9:00am.

“They are very professional in their approach, doing it by the book,” said Ghafoor. “We are very happy to have such a strong Elections Commission.”

State-funded programs to be sacrificed for elections

Meanwhile, Minister of Finance and Treasury Abdulla Jihad told local media today that the department was “legally obligated” to provide election funds, despite the lack of these available.

“We will arrange the funds even if it is from the contingency budget. But it will be an extremely difficult process. But we will provide funds for the elections. However, sacrifices will have to be made. We will have to stop some state-funded programs,” said Jihad.

He noted that the EC had not yet discussed the budget needed to re-hold the presidential election with the Finance Ministry.

In a previous interview with Minivan News, when asked what the EC would do if the Supreme Court annulled the first round results, EC Chair Fuwad Thowfeek noted: “The government has spent over MVR30 million (US$1,949,310) on the first round, there is no budget remaining [to hold both rounds again].”

“If it’s difficult for the government to provide the additional budget for the second round, there will be so many difficulties if the [results are annulled and] voting rounds are held again,” said Thowfeek.

The estimated cost of the presidential election was MVR96 million (US$6,213,600) – the now-annulled first round cost MVR69 million (US$4,466,025) and MVR27 million (US$1,747,575) was allotted for the second round, according to local media.

However, re-holding the election has reportedly increased the total estimated cost to over MVR 100million (US$6,472,500).

The government is currently relying on short-term treasury bills (T-bills) to “roll over” debts on a monthly basis to address the budgetary shortfall, as recurrent expenditures for 2013 were exceeded in April.

To supplement the state budget President Dr Mohamed Waheed has been seeking to secure multi-million dollar foreign loans from financial authorities in Sri Lanka, Saudi Arabia, India and China.

President’s Office

Thowfeek and EC Vice Chair Ahmed Fayaz met with President Waheed this morning (October 8 ) in the President’s Office. Local media reported that Vice President Mohamed Waheed Deen and Attorney General Azima Shakoor also attended.

During the meeting, President Waheed called upon the EC to carry out the Supreme Court’s order to hold the presidential election’s first round in accordance with the verdict.

Waheed assured the commissioners that the government would “give all its support and cooperation” to the EC, including budgetary, security, human resources and infrastructure assistance as required.

“It is especially important that the integrity of the entire elections process is enhanced and maintained,” Waheed emphasised.

He noted that ensuring the presidential election is held in a smooth and peaceful manner is the government’s priority and that it is important “everyone puts forward national interests ahead of everything else”.

The  government is meanwhile preparing to shut down for the Eid al-Adha holidays, which commence on October 11 through to October 19, a day before the Supreme Court’s election deadline.

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Parliament refutes President Waheed’s claim of 100 pending bills

The People’s Majlis has refuted President Dr Mohamed Waheed Hassan’s claim last week that 100 pieces of legislation needed to implement the 2008 constitution have yet to be passed by parliament.

In a press release yesterday (August 23), the parliament secretariat revealed that 43 bills were required to give effect to the constitution adopted in 2008, of which 24 were submitted and 18 were passed by parliament during the past five years.

The legislation was mandated by article 299 (b)(2) of the constitution, which states, “the People’s Majlis shall until the enactment and commencement of laws required to give effect to this Constitution, approve a course of action in relation to these matters. The Executive shall within thirty days of the commencement of this Constitution draw up a list of such laws and submit it to the People’s Majlis. Within ninety days of the commencement of this Constitution, the People’s Majlis shall draw up and approve a schedule for enactment and commencement of such laws.”

The parliament’s press statement noted that current Attorney General Azima Shukoor was in the same post in 2008 when the list of 43 laws was submitted. Azima – former President Maumoon Abdul Gayoom’s last attorney general – was reappointed to the post by President Waheed following the controversial transfer of presidential power on February 7, 2012.

“Therefore, given the situation, we regret the false claims made by the President in a way that could cause loss of public confidence in parliament, and which was made with the intention of achieving a specific purpose,” the press release stated in conclusion.

President Waheed made the claim at a ceremony on Thursday night to confer national awards of honour and recognition. In his speech (Dhivehi), President Waheed contended that the public has not enjoyed the benefits of the reforms envisioned in the 2008 constitution due to “loopholes in a very young and incomplete constitutional framework.”

“We see a person who does not have the approval of the People’s Majlis, in charge of the highest number of state employees. We are in a situation where the people doubt the highest court in the country. Suspects in criminal cases are in state institutions. Murderers and people who have committed arson roam freely in the streets. The rights of women and children are unprotected,” President Waheed said, according to the President’s Office website.

President Waheed further contended that all the provisions in the constitution “cannot be said to have been drafted with the whole country’s framework of governance in mind.”

As the constitution was drafted during the final years of “a long rule,” he argued, some provisions were added “with the intention of changing the condition that existed then.”

“When the drafting of the constitution was completed under these circumstances, a number of problems were noted,” he said. “Some 100 laws needed to implement the constitution have yet to be formulated.”

The Majlis statement meanwhile provided a list of the bills passed, pending and yet to be submitted by the executive. The six pieces of legislation currently under review at the committee stage include the freedom of information bill, the education bill, the penal code, the criminal justice procedures bill, the evidence bill, and the jails and parole bill.

Among the 19 bills that have yet to be submitted include legislation on public referendums, freedom of expression, press freedom, parliamentary ombudsman, state secrets, defamation, women’s rights, public services, trade unions, legal counsel, civil justice procedures and national security.

The executive was also required to submit amendments to existing laws governing the Human Rights Commission, the Civil Service Commission, the auditor general, children’s rights and family matters.

The legislation passed by the parliament in the past five years for implementation of the constitution included bills establishing independent institutions such as the Elections Commission, Judicial Service Commission, Police Integrity Commission, Anti-Corruption Commission and the Prosecutor General’s Office.

Parliament has also passed laws governing the courts, presidential and parliamentary elections, freedom of assembly, decentralisation, parliamentary privileges, political parties, customs, state pensions, state benefits for persons with special needs, and electoral districts.

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President calls on country to put “national stability” ahead of political affiliations

President Dr Mohamed Waheed has called on the people of the Maldives to put “national stability” ahead of political affiliations, local media has reported.

The president was quoted by newspaper Haveeru during a recent ceremony as claiming every citizen in the country presently faced the risk of being stabbed or harassed on the country’s streets.  He also pointed to unspecified “obstacles”  over implementing law and order in the country.

During the ceremony, which was held to meet with Thiladhunmathi Atoll residents, President Waheed also reportedly called for amendments to the constitution would be required to strengthen the Maldivian political system.

He added that with the abrupt changes seen in Maldivian politics as a result of the people, the public did not wish to “go back”, Haveeru reported.

The Maldives held its first ever multi-party democratic election in 2008.

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President calls for constitutional reforms to curb “conflict” between state institutions

President Dr Mohamed Waheed  has called for reforms to the current Maldivian constitution in order to reduce “conflict” between different government institutions while carrying out their respective mandates.

The president stated during a campaign speech on Vaadhoo Island in Raa Atoll Thursday (April 11) that he too had faced difficulties in carrying out constitutional duties as a result of such conflicts between the different branches of government.

“The whole system would be complete only when the power, authority and responsibility rendered to a particular position by the constitution, was properly carried out,” he stated.

The president claimed that amendments to the constitution were therefore necessary to allow each institution to “use their powers” independently, since currently “great conflict” is sometimes encountered.

He stated that the Supreme Court ultimately held the final decision-making power to resolve constitutional matters and its decisions should therefore be respected.

The nation’s highest court has been involved in a number of disputes with the Maldives legislature in recent months.

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