Tag: defense

Translation: MNDF officers’ ‘letter of concern’

The following is a translation of a leaked “letter of concern” circulating on social media, submitted by senior officers of the Maldives National Defence Force (MNDF) to Chief of Defence Force Major-General Ali Shiyam on September 28. Following the release of the letter the MNDF amended its regulations to punish officers who promoted “upheaval and chaos”. Brigadier General Abdulla Shamaal was subsequently removed from his position as the Commandant of Training and Doctrine,while First Lieutenant Abdulla Shareef (Marine Corp), Sergeant First Class Ali Waheed and Lance Corporal Sharhaab Rashid were dismissed from service. First Lieutenant Mohamed Haleem resigned, stating “For the last 23 years [of my military service]; I have served this country under a solemn oath taken in the name of Allah, I do not see any way that I can carry out my duties as prescribed in the constitution and the military act, while in this position, therefore I request you to relieve me from my duties.”

To Chief of Defence Force Major General Ali Shiyam:

Whereas Article 236 in Chapter 9 of the Republic of Maldives’ Constitution states the Maldivian security services, consisting of the Military Service and the Police Service, is established to enable all persons in the Maldives to live in peace, security and freedom,

Whereas Article 237 states the security services shall protect the nation’s sovereignty, maintain its territorial integrity defend the constitution and democratic institutions, maintain and enforce law and order, and render assistance in emergencies,

And whereas Article 238 states that the actions of the security services must be exercised in accordance with the Constitution and the law, and operate on the basis of accountability,

And whereas Article 111 states that if no candidate wins by over fifty percent of the votes in a presidential election, a run-off election must be held within twenty one days of the first election,

And whereas Article 142 states judges must comply with the constitution and the law,

On 7 September 2013, a presidential election was held as per Article 110 of the Constitution. The Elections Commission announced a second round of election on 28 September 2013 as per Article 111 of the constitution.

According to Article 111 of the constitution, a second round of election must be held within 21 days after the first election, and that date is 28 September 2013. We believe, given Article 8 of the Constitution states that the powers of the state shall be exercised in accordance with the constitution, and as 28 September 2013 is the last date on which the second round of the presidential elections can be held, the Supreme Court order to delay the election is one that creates dangers for the nation and its citizens and creates challenges from a national security point of view, and may impede the military from carrying out is constitutionally mandated duties.

As per Article 237 the security forces are mandated with defending democratic institutions, and maintaining and enforcing law and order.

Given the shifting national security atmosphere in the country, and as the Maldivian state’s independent institutions and the international community are repeatedly calling for all parties to respect the constitution, we believe any military act that violates constitutional rules and democratic norms, will destroy the sovereign state established in the Maldives, destroy law and order in the country, and allow for a military state to be established in the Maldives.

This is due to influential actors who may abuse the turmoil and constitutional void following the delay in presidential elections. We are concerned that the chain of command established in the military as per the laws will be lost, and will allow for the military to be used as a tool to hand over administration of the state to a certain group of people.

Article 245 states that no one is allowed to issue an illegal order to a member of the security services and that members of the security services should not obey such an order. Hence, due to orders issued in the above mentioned situation, this institution [military] may fall into a deep pit, and we fear that subordinate commanders and lower ranks may be legally locked into a dark cell and may be criminally charged at a later date.

Hence, we express grave concern, and appeal for this institution not to be propelled into a deep pit, and state that we will steadfastly remain with good military behavior and good order against any illegal order.

28 September 2013

Signed:

Brigadier General Shamal
Colonel Abdul Raheem
Brigadier General Ahmed Jihad
Brigadier General Ahmed Nilam
Colonel Hamid Shareef
Lt. Colonel Nasrulla Majdhee
Captain Abdul Muizz
Lt. Colonel Ibrahim Hilmee
Sergeant Major Hassan Fawaz
Sergeant Major Naushad Ali
First Lieutenant Abdulla Shareef
First Lieutenant Mutholib [unclear]
Sergeant Major [first name unclear] Vaseem
[name unclear]
[name unclear]
Captain Hassan Amir

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Journalists request participation in military operations

Senior officials at the Maldives National Defence Force have assured journalists that they would take steps to improve communication and transparency between the two groups.

Defence Minister Thalhath Ibrahim Kaleyfaan allegedly told journalists who attended a briefing at the armed forced headquarters today that the ministry would hold a training session to help journalists better report news involving military services, reports local media Haveeru.

Journalists were concerned over the lack of transparency at MNDF, and requested permission to participate in military operations, Haveeru reports.

The ministry said it would make arrangements following this request.

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Deadlock deepens as Supreme Court grants government injunction over ministerial reappointments

Parliament has deadlocked after the Supreme Court granted the government a temporary injunction last night, blocking the endorsing of cabinet ministers until a ruling on the process can be issued.

The injunction derailed parliament on Tuesday morning, after opposition Dhivehi Rayyithunge Party (DRP) MPs raised points of order claiming that the sittings could not continue until the cabinet appointments were resolved.

The sitting was called off this morning by Speaker Abdulla Shahid.

In June this year, the entire cabinet of the Maldives resigned in protest against “scorched earth politics” of the opposition-majority parliament, leaving only President Mohamed Nasheed and Vice President Mohamed Waheed Hassan in charge of the country.

The cabinet ministers complained that parliament was blocking them from performing their constitutional duties, leading to protests and deadlock.

Nasheed reappointed the ministers several weeks later, however parliament has yet to formally endorse their appointments due to a disagreement between the government and the opposition and over whether ministers will be endorsed individually or collectively.

Press Secretary for the President Mohamed Zuhair said that endorsing ministers individually would amount to a series of no-confidence motions.

Last week there were unconfirmed reports that the DRP has a list of six members of the 14 member cabinet that it does not intend to approve.

“There is already a process in place for a no-confidence motion when a minister is deemed untrustworthy,” Zuhair said, arguing that individual appointments would bypass this procedure and allow the opposition to use its “brute-force parliamentary majority” to pick off ministers who had displeased it.

Parliament’s endorsement of cabinet was intended “to be ceremonial”, he stated.

“There is precedent. When the laws were being enacted by the Special Majlis drafting the current constitution, if you look at the debate, [former] Attorney General Husnu Suood proposes two ways of approving ministers, both of which are defeated in favour of asking for approval collectively.”

Writing in his personal blog, Independent MP Mohamed Nasheed, former legal reform minister, characterised the government’s appeal to the Supreme Court as “very harsh” and “pointless”.

The Attorney General’s (AG’s) office has contested the constitutionality of article 171(i) of the parliamentary rules of procedure, which states that presidential nominees must be questioned by a parliamentary committee to determine qualification, educational background and competence.

However, as ministers refused to appear before committee and the issue has now been proposed to the parliament floor, MP Nasheed argues that the Supreme Court ruling would not have any bearing on the matter.

“At most, wouldn’t the Supreme Court rule that article 171(i) is null and void?” he writes. “The Supreme Court would not instruct Majlis how to proceed with the approval issue. Wouldn’t that be determined by the Majlis?”

Article 98(a) of the constitution requires cabinet ministers to attend proceedings of parliament when requested, answer any questions put to them by parliament, and produce relevant documentation.

However the government has been reluctant to allow ministers to attend committee meetings ever since the head of the national security committee, leader of DRP coalition partner the People’s Alliance MP Abdulla Yameen, was released from detention pending an investigation into charges of treason and bribery.

Upon release, the committee promptly summoned the Police Commissioner Ahmed Faseeh and Chief of Defence Force Major General Moosa Ali Jaleel for questioning in committee hearing, outraging many MDP MPs.

In August, the cabinet approved new regulations limiting ministers’ interactions with parliament to the chamber itself, and then only with 14 days prior notice.

DRP Deputy Leader and MP Ali Waheed claimed the approved procedures were “against the spirit of the constitution” and would be void.

‘’Actually, parliament has yet to approve a cabinet. When a cabinet is established we will summon them to committee meetings as well – ministers must appear before committees in the interest of the people – the constitution is very clear. Without doubt these new procedures are void – nobody can narrow the summoning of cabinet ministers to parliament.’’

Writing on his website, leader of the opposition DRP Ahmed Thasmeen Ali said that the failure of ministers to attend committee meetings meant that “parliament is unable to effectively provide the checks and balances necessary for the system to work democratically and ensure that the executive branch is accountable for the exercise of its powers.”

On many occasions, “repeated calls from the parliament to these officials have gone unanswered,” Thasmeen said.

“In a democracy, it is through effective oversight that the parliament can ensure a balance of power and assert its role as the defender of the people’s interests. The government’s action is disrupting the functioning of the parliament.”

Zuhair today claimed that the government’s interpretation of the law was that ministers could only be summoned and questioned on the floor of parliament “before all members.”

“Nowhere does it say ministers must attend committee meetings, unless the whole house is a committee,” Zuhair said. “[The opposition] points to another clause that requires any Maldivian citizen to attend summons to respond to questions in committee hearings, but cabinet ministers do not attend in their capacity as private individuals.”

Meanwhile at yesterday’s sitting, DRP MP Mohamed Mujthaz proposed a resolution to seek the Supreme Court’s legal counsel on the refusal of the Chief of Defence Forces and the Commissioner of Police to appear before the national security committee.

Mujthaz proposed the resolution during a debate on a report by the committee, which was presented to the Majlis floor by the committee chair, DRP Deputy Leader Ali Waheed.

The report states that the committee has been unable to conduct any inquiries due to the refusal of the security chiefs to appear before the committee.

Both officials have argued that the committee should summon either the Defence Minister or Home Minister, as the army and police answer to the cabinet.

Hulhu-Henveiru MP ‘Reeko’ Moosa Manik, MDP parliamentary group leader, accused opposition MPs of attempting to summon the police and army chiefs for politically-motivated reasons.

He added that the report did not specify which issue of national importance had been left unattended by the committee due to the refusal of the chiefs to appear.

Referring to the practice in the United States, Yameen said that senior pentagon officials were routinely summoned before senate committees.

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US Pacific Command visiting the Maldives

President Mohamed Nasheed met with the National Security Act Assessment team of the US Pacific Command who are visiting the Maldives.

The meeting took place at the President’s Office yesterday, where they focused on formulating a national defense and security plan.

President Nasheed said the main areas concerning national defense and security are terrorism, piracy in the Western Indian Ocean and drug trafficking.

The US Pacific Command, led by Army Attaché to Sri Lanka and the Maldives, Lieutenant Colonel Lawrence Smith, said they would assist the Maldives in further strengthening the national security framework.

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