JP MP Alhan Fahmy to initiate no-confidence vote against President and Vice President

Jumhoree Party (JP) MP Alhan Fahmy has said today that he is in discussions with MPs from other parties to submit a motion to take a no confidence vote against both President Mohamed Waheed Hassan and Vice President Mohamed Waheed Deen.

Fahmy was initially elected to parliament as an MP representing the Dhivehi Rayyithunge Party (DRP). He then transferred to the Maldivain Democratic Party (MDP), before signing with JP earlier this year. He was elected as Vice President of MDP during his time in the party.

Fahmy told local media today that he was initiating this vote for two specific reasons:  the first being Waheed’s negative remarks about the Majlis in his last trip to Sri Lanka, and secondly, that in Fahmy’s view neither Waheed nor Deen were fulfilling their constitutional responsibilities.

“[Waheed] has said that MPs just stay home without doing any work. That we take our salary and yet are always on leave. Waheed cannot make a statement like that,” Fahmy told Haveeru.

“That is encroachment on the privileges of MPs. This is a very worrying matter. What is going to happen if while staying as the highest authority in the state, he treats the parliament like sh*t?” Fahmy was quoted as saying.

He furthermore stated that both Waheed and Waheed Deen had failed to perform up to the responsibilities of the post detailed in article 100(a) of the Constitution of the Maldives.

Article 100(a) states the Majlis can remove a President or Vice President on grounds of violating a tenet of Islam or the constitution, conduct unsuited to the office, or an inability to carry out the office’s duties.

Removal of both President and Vice President simultaneously would trigger constitutional clauses requiring the Speaker of the Majlis Abdulla Shahid to assume office and to organise elections within 60 days.

According to Fahmy, his initiative was getting support from the opposition MDP, and he specifically noted the work of the party’s Chairperson ‘Reeko’ Moosa Manik.

Fahmy said he is now in the process of drafting the motion, expressing confidence that he would be able to obtain signatures from 25 MPs to submit the motion as per the regulations.

According to article 100 (e) of the constitution, a no confidence vote can be passed with votes from two-thirds of the total numbers of MPs in parliament, which amounts to 52 votes.

The constitution also requires 14 days notice to be given before the matter is voted upon, as well as providing both the President and Vice President with the opportunity to defend themselves against their respective charges.

Meanwhile, President of Jumhoree Party Ibrahim Didi, who formerly served in the same position at MDP, expressed concern over Fahmy’s statement.

Didi told local media that being part of the coalition, JP would offer full support to the coalition government. He said Fahmy had made the statement of his own accord, and that the party had no knowledge of the matter.

However, Didi has said that the party has not yet decided if it would take action against Fahmy for speaking against the party’s stance.

During Wednesday’s parliament session, Fahmy also called for the resignation of the Commissioner of Police Abdulla Riyaz and Minister of Home Affairs Dr Mohamed Jameel.

MDP Chairperson ‘Reeko’ Moosa Manik confirmed to Minivan News today that he supported Fahmy’s initiative to take the no-confidence vote.

“Since Alhan has taken the initiative, I will support him. I will do what needs to be done to bring the MDP Parliamentary Group on board,” Manik said.

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Comment: Blame game hardly solves problems

Lance Corporal Adam Halym of Maldives Police Service was on his way to start a new shift, leaving his baby daughter and loving wife at home, when he was mercilessly knifed and murdered in a dark alley leading to Kaashidhoo Police Station. He never returned home.

I strongly condemn the heinous crime of killing an officer of the law and as well the eight innocent people, whose blood was spilled before him. Thoughts, prayers and well wishes are with all those victims family at time of this great tragedy.

While the families and public is grappling with the aftermath of this ongoing carnage, much more appalling than the gruesome murder of the police officer is the notorious blame game started by the politicians. It took one or two hours tops before prominent political figures, most of them holding key portfolios in current government, to sinisterly twist the tragedy and manipulate in ways that it advantageous to their own political stand or disadvantageous to their political opponents. The former president Mohamed Nasheed and his party MDP  was on the receiving end of much of the accusations.

On twitter Ahmed Mahloof, MP for Galolhu Dhekunu Constituency, was amongst the first to break the news by posting a tweet saying “Innaalillahi vainna ilaihi raajioon” (a Quranic verse Muslims recite upon hearing the news of someone’s death) and ” mikamuge zinmaa seedha MDP nagan jeheyne”(MDP should directly take the responsibility of this)” along with a hyperlink to the news story on the Haveeru website.

Among many other tweets that followed, government-aligned Progressive Party of the Maldives (PPM) MP Mahloof emphatically blamed Nasheed and the MDP. One tweet when translated reads, “What we are seeing is the democracy Nasheedh and MDP wanted to bring to this country” while the another tweet reads: “We are seeing the result of Nasheed and MDP calling to attack police and military officers non stop.”


One hour into Mahloof’s tweets President Waheed himself posted a tweet saying “Strongly condemn the killing of a policeman while on duty. Enough of hate mongering against officers of the Law.”

In a subsequent tweet  an hour later the president emoted: “No excuses to kill anyone let alone policemen on duty. Shame on cowards hiding behind anonymity and inciting violence.” While he does not elobarate on who the “anonymous” is,  his counterparts have clarified it well with their own facts: Nasheed and MDP killed LCPL Adam Halym.

Here is what the Minister of Home Affairs said:

Not just that, while the President, his ministers, and other key government officials were all commotional on twitter, Dr Ibrahim Didi, Qasim Ibrahim and Abdullah Jabir – belonging to Jumhoree Party of Dr Waheed’s unity government – were doing their fair share of the blame game on VTV during late hours of last night.  They reiterated the crux of the above mentioned tweets, blaming Nasheed and his party.

I am taken aback by the heedless audacity of especially government officials to create a diversion from the real issue, by using the oldest tactic in the book: the blame game. Every second spent accusing Nasheed and the MDP is a second wasted by the current government to address the cause of the  issue. At a time when the government is expected to take proactive and immediate measure to ensure the safety and security of the people of Maldives they are engrossed in politically assassinating their opposition party and its presidential candidate for the murder of LCP Adam Halym.

In the very press statement from police about the brutal murder of Adam Halym it was clearly stated that a suspect was brought under custody. The police already had a lead. Local media concurrently identified the killer as Mohamed Samah from the same island.

Only hours later more details were reported on local media shedding light on the attack and the killer: Samah has a criminal record for aggravated assault among other crimes and was also released  from police detention to house confinement the previous day.

The police have not revealed that Nasheed, the MDP or for that matter any political party had a role in the murder of Adam Halym: but from the few reports surfacing in the media, we can draw a conclusion that it was indeed a a preventable crime carried out by a dangerous criminal who found his murderous opportunity through a loophole in the very system that is intended to keep his like at bay.

But these facts did not get in the way of the vociferous accusations echoed by the self declared political pundits, nor did it stop MDP from making counterblasts over social networks, spreading picture of the suspected killer alleging that he was in fact from the government-aligned PPM’s members.

One of the most noticeable remarks was made on Facebook by former Foreign Minister Dr Ahmed Shaheed:

While Dr Shaheed has rightly indicated to what really lead to the murder of LCPL Adam Halym, it would be unfair not to say he has again shot the blame at Home Minister. Doesn’t only a judge have the jurisdiction to release a criminal from police custody to house arrest? So why blame the Home Minister who has no direct authority under the current legal framework to release a criminal from police custody to house arrest?

Why are not we questioning which court or judge released Samah, only to kill a police officer in less than 24 hours?  Has the judiciary failed us again and this time we had  to pay with the life of an officer of the law? If it wasn’t a judge, who gave the authority to police to move the criminal?

These are fundamental questions that lurks around the murder of Adam Halym that neeed to be answered by the police, before we engross ourselves in this “you killed him” game, helping no one except fuelling the opportunistic politicians ready to feed on humanity when it suits them.

At difficult times like this, we humans might blindly seek solace in band aid solutions like the death penalty. Implementing dealth penalty right now in Maldives would only be a coping mechanism that would would provide a temporary relief to the community but leave the root cause of the problem untouched.

It was just few days ago that the whole nation came to a standstill over the murder of lawyer Najeeb. Najeeb’s murderer has said in court that he was inebriated at the time of killing.

Afterwards when his faculties were back to normal and realised what he had done, he cried  in regret.  Moving onto LCPL Adam Halym’s murder, what are the chances Samah too was intoxicated during the murder? More importantly would implementing death penalty prevent an angry, intoxicated person from murdering someone? Since drugs have become the root cause of all mischief in Maldives, and since the punishment under Islam for spreading mischief on Earth is capital punishment, isn’t it more just and appropriate to sentence drug lords to death?

Half of the youth population are enslaved to these substances marketed by these “untouchable” drug lords. They have destroyed lives of thousands of youth and their families. More will follow if we do not stop the menace and provide better opportunities for the younger generation.

Samah found his chance to kill LCPL Adam Halym through a loophole in the judiciary. Therefore when God has specifically prescribed in Quran “ Take not life, which God has made sacred, except by way of justice and law” how can we entrust the current judiciary, with its major loopholes, to rule “by way of justice and law”? For God’s sake, prerequisites laws to implement the death penalty do not even exist in Maldives as of yet and who knows when they will be passed. Let’s be realistic.

We know that Islam stipulates strict conditions that prevent arbitrary administration of any penalty, no matter how mild it is. The Prophet Mohamed has instructed us to“Avert punishments if suspicions arise”. According to Dr Hamdy Murad, an Islamic thinker and Professor of Sharia at Al-Balqa Applied University, “Suspicion means that for any offence that cannot proved 100 percent, so to speak, punishments should be averted.”

In the case of Murrath and Hana, the couple who murdered lawyer Najeeb who were sentenced to death with a fortnight, isn’t there room for suspicion? Did no one hear the girl say she did not kill him and was sleeping while her boyfriend did it?

Besides, should we not question why a convicted criminal like Murrath – who was suppose to be in jail – and Samaah, a criminal with a record of multiple assaults – was out of the streets instead of confinement?

In the wake of such tragic events, it is tempting to blame someone for the pain simply because it absolves the person from shouldering any responsibility. But, one must not forget the most effective tool we can utilise for hate mongering is these slanderous accusations. It never yields solution or heals the scars, but fuels more hatred and divisions in the community.

More than ever, we as a nation need to skip this blame game and find solutions to address the real issues that have jeopardised the very fundamental human right our people have: the right to life.

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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Commonwealth Envoy expresses concern at “rising political tension” in the Maldives

The Commonwealth Secretary General’s Special Envoy to the Maldives, Sir Donald McKinnon, has expressed concern at “rising political tension” in the Maldives –  specifically over ongoing street protests and the criminal charges filed against ousted President Mohamed Nasheed.

Nasheed’s Maldivian Democratic Party (MDP) has taken to the streets for the tenth consecutive day calling for an early election, alleging the former President was deposed in a coup detat on February 7.  Police have clashed violently with protesters resulting in injury to police and public as well as the arrest of hundreds of protesters. However, President Dr Mohamed Waheed Hassan has insisted the earliest constitutionally permitted date in which fresh polls can be held is July 2013.

Meanwhile, Prosecutor General Ahmed Muizz on Monday filed criminal charges against Nasheed for his alleged role in the detention of Criminal Court Chief Justice Abdulla Mohamed in January.

The Commonwealth’s Ministerial Action Group (CMAG) has urged for early elections to be held in 2012, and has played a crucial role in the reconstitution of the Commission of National Inquiry (CNI), set up to investigate the controversial transfer of power.  The composition was changed after the Commonwealth raised concerns over the body’s impartiality during its first iteration. The CNI is expected to release its report by the end of August.

In a statement released yesterday, Sir Donald called for dialogue among political leaders, urging all parties to show “restraint and restore calm.”

“It is absolutely essential that all relevant actors in Maldives refrain from any actions that could jeopardise the stable environment necessary to allow the Commission of National Inquiry to complete its work and produce an outcome within the stipulated time-frame,” he said.

“Restore calm”

Sir Donald added that he has been in contact with President Waheed and Mohamed Nasheed to discuss the MDP’s ongoing protests, along with the response by security forces to these demonstrations and the charges filed against the former president.

“What is very much needed in Maldives right now is for all concerned to show restraint and restore calm. Any actions that create or exacerbate political instability cannot be helpful to the national interest, including in the difficult economic circumstances at the moment in the country and the global context,” Sir Donald said.

The Maldives is facing a foreign currency shortageplummeting investor confidencespiraling expenditure, a drop off in foreign aid and a crippling budget deficit of 27 percent.

Speaking on the need for a stable environment for the CNI to complete its work, and urging all parties to refrain from jeopardising the commission’s efforts, Sir Donald said: “We have all invested a huge amount of time, energy and resources in reconstituting the Commission of National Inquiry, to establish the truth about the events of 7 February 2012 and help Maldives move forward. The international community has been supportive of these efforts.”

Hence, Sir Donald has called on Maldivian leaders to engage in dialogue, stating that “Ultimately, any resolution of contentious political issues in Maldives can only come about through inclusive political dialogue.”

“I therefore urge the leaders of Maldives to engage in genuine dialogue, with the interest of the people of Maldives in mind,” he added.

MDP Spokesperson Hamid Abdul Gafoor welcomed the Special Envoy’s statement, but said that MDP protests would continue. “You must remember our protests are non-violent and are aimed at restoring political stability,” he told Minivan News.

Stalemate

Sir Donald’s comments come at a time when renewed attempts at restarting the All-Party talks appear at a stalemate.

The talks were conceived as one of two internationally-backed mechanisms – alongside the CNI – to resolve the political deadlock in the Maldives following the controversial transfer of power on February 7.

The Convenor of the All-Party talks, Ahmed Mujuthaba, on July 12 announced that a series of “high-level” discussions will be held between President Waheed and the leaders of the largest political parties after sixteen previous attempts had resulted in “no breakthrough.”

However, a spokesperson for President Waheed on Tuesday said the president will not hold talks with Nasheed as long as street protests continue, condemning the protests as an “act of terrorism.”

Meanwhile, former President Maumoon Abdul Gayoom – who served as the country’s autocratic leader for 30 years up to 2008 – said he would not negotiate with Nasheed.  Gayoom claimed that Nasheed had made baseless comments about him in both the local and the international community, particularly that the former President had masterminded a “coup d’état” on February 7.

Nasheed subsequently released a statement on Monday arguing that his allegations were based on public statements made by Gayoom and those closely affiliated with him politically, including his family members – many of whom now hold senior positions in government. Nasheed then offered to apologize if Gayoom agreed to participate in the all-party talks.

“Given that not for a single moment would I wish for someone unelected by the people of Maldives to entertain himself as leader to them, I believe now is the time for all parties to come forth in support of the best interest of the nation and its citizens, and as such, if President Gayoom indeed was not party to the coup, I have decided to apologise to President Gayyoom for the fact that I said he was behind this coup,” Nasheed said in his statement.

However, Gayoom told local media today that he believed Nasheed’s apology was “insincere” and has asked Nasheed to issue a formal apology on local and international media.

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President Waheed will not hold talks with Nasheed “as long as MDP protests continue”

President Dr Mohamed Waheed Hassan will not participate in the All-Party talks while the Maldivian Democratic Party (MDP) continues to back on going street protests in the capital, the President’s Office has said.

The talks were conceived as one of two internationally-backed mechanisms – alongside the Commission of National Inquiry (CNI) – to resolve the political deadlock in the Maldives following the controversial transfer of power on February 7. The Convenor of the All-Party talks, Ahmed Mujuthaba, on July 12 announced that a series of “high-level” discussions will be held between President Waheed and the leaders of the largest political parties after sixteen previous attempts had resulted in “no breakthrough.”

However, President Waheed’s Spokesperson Abbas Adil Riza condemned MDP’s ongoing street protests as an “act of terrorism” today, and said “political leaders do not wish to hold talks with the MDP holding a gun to their heads.”

In response, MDP Spokesperson Imthiyaz Fahmy said “Dr Waheed’s participation in the All-Party talks is not important to the MDP.”

“Waheed’s political party does not have the required number of members to qualify as a political party. Further, his party does not have a single seat in the parliament or in the local councils. Therefore he is not significant to the All-party talks,” Fahmy said.

The opposition party has vowed that the protests, which started on July 8, will continue until an early election date is announced, Fahmy said.  The Commonwealth Ministerial Action Group (CMAG) and other international groups have also backed calls to have electons before the end of 2012. However, President Waheed has insisted that July 2013 is the earliest date elections can be held under the constitution.

Meanwhile, Nasheed yesterday offered to apologise to former President Maumoon Abdul Gayoom for accusing  him of masterminding the change of government, were the leader of 30 years to agree to participate in the the All Party Talks.

Gayoom had accused Nasheed of continuously making baseless comments about him in both the local and the international community, particularly that the former President had masterminded a coup d’état on February 7. “I do not wish to sit down and negotiate with such a person,” Gayoom said.

Nasheed has also pledged to engage in the All-Party talks despite the Prosecutor General filing criminal charges against him for his alleged role in detaining Criminal Court Chief Judge Abdulla Mohamed in January.

“Even if they imprison me, I am willing to take part in the talks even while in prison,” he said in a speech on Sunday night.

“No breakthrough”

The last round of the UN-mediated talks, held at Vice President Waheed Deen’s Bandos Island Resort and Spa in early June, collapsed after parties aligned with the government presented the ousted Maldivian Democratic Party (MDP) with a list of 30 demands.

The list included calls that the MDP “stop practicing black magic and sorcery”, “stop the use of sexual and erotic tools”, and “not walk in groups of more than 10”.

Also demanded during the talks were that the MDP “not keep crows and other animals in public areas”, “not participate in protests in an intoxicated condition“, and “not defame the country both domestically and internationally”.

In a statement on July 12, Mujuthaba acknowledged that the 16 hours of talks at Bandos had resulted in “no breakthrough” and required a “fresh approach.”

Mujuthaba subsequently met separately with President Waheed and leaders of the country’s largest political parties to discuss the prospect of continuing the talks. Political leaders had agreed in principle to the need for high-level talks, Mujuthaba said.

“They have expressed a strong and shared belief in dialogue as the best way to address the challenges facing our nation. They agree that there are deep-rooted divisions and problems that must be resolved jointly if the Maldives is to continue on its democratic path,” Mujuthaba stated.

“In the end, the most senior political leaders will need to create an atmosphere conducive to discussions, and come together prepared to work in good faith,” he concluded.

No date has yet been set for the next round of talks. However the Commission of National Inquiry (CNI), set up to investigate the transfer of power, is due to release its findings at the end of August, following a one-month delay.

Apology

In an official statement on Sunday, Nasheed offered an apology to Gayoom and invited the former president to participate in the All-Party talks. Nasheed argued his allegations that Gayoom had masterminded the coup were based on public statements made by Gayoom and those closely affiliated with him politically, including his family members – many of whom now hold senior positions in government.

A few days before Nasheed was deposed, “President Gayoom stated that it was time to bring an end to the government entrusted upon me in my capacity as President of Maldives, and that the instigation of the enterprise was already overdue,” the statement said.

Meanwhile, Vice President of the Progressive Party of Maldives (PPM) Umar Naseer had on many occasions stated that he had personally staged and directed the coup from “the command centre”.

“Naseer also met with my Vice President, Mohamed Waheed Hassan Manik (now President) prior to the coup, along with all parties affiliated with the 23rd December coalition, and implored Dr Waheed to take over the post of the President of the Republic on the sole condition that having usurped the presidency, he would refuse to resign from his post,” Nasheed said.

Nasheed also highlighted that statements from MPs now aligned with the government, including PPM MP Ilham Ahmed and Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed, had expressed gratitude to Gayoom and his family following the toppling of Nasheed’s government. Further, Gayoom’s daughter and family members, being “part and parcel to the current coup government”, had “attained high offices within it,” the statement noted.

Gayoom had never denied that he had committed these actions on behalf of the political party to which he belonged, nor had he condemned any of the “aforementioned actions”.

“Nevertheless, in a predicament such as we are, and whilst the people of Maldives are overtly distressed by what has transpired after the coup, I have come to know that President Gayoom has said that he would sit with me for dialogue in the event I apologise for stating that it was he who instigated this coup,” Nasheed said.

Nasheed said he “firmly believed” that the powers of the Maldivian state were vested with the Maldivian people and should remain as such.

“Given that not for a single moment would I wish for someone unelected by the people of Maldives to entertain himself as leader to them, I believe now is the time for all parties to come forth in support of the best interest of the nation and its citizens, and as such, if President Gayoom indeed was not party to the coup, I have decided to apologise to President Gayyoom for the fact that I said he was behind this coup,” Nasheed concluded.

Nasheed also thanked facilitator of All Party Talks, Ahmed Mujuthaba, for “all the efforts” exerted by him to ensure that the negotiations succeeded.

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Domestic Violence Act “incomplete” without Family Protection Authority

Members will be next week appointed to the primary body tasked  with implementing the Domestic Violence (DV) Act, President Mohamed Waheed Hassan Manik said on Wednesday.

According to Dr Waheed names have been nominated by the Gender Ministry to the Family Protection Authority (FPA) board.

“I have been informed that the Gender Ministry has prepared the proposal. So the members will be appointed without further delay,” Waheed said:”Next week”.

Under the landmark piece of legislation passed and ratified last April, a seven member board has to be appointed to the FPA.

The authority is mandated under the law to conduct programs setting out measures for taking all necessary steps to prevent domestic violence including rehabilitating perpetrators of such crimes, arrange flexible reporting mechanisms, facilitate the investigations and provide all necessary support and shelter to victims of abuse.

According to the Gender Advocacy Working Group (GAWG) created by UNFPA Maldives,  a letter was forwarded to the President’s Office with recommended people to be appointed for the FPA board.

“It is important to nominate people who have strong expertise on the issue from different sectors.” Michiyo Yamada, Gender Specialist at UN Women Maldives noted.

“We urge the government to establish the Family Protection Authority as soon as possible, since they are mandated to lead the implementation of the DV Act, such as creating public awareness, providing services to survivors, coordinating the work of relevant institutions including police and health.” she observed.

She also noted that GAWG will support and cooperate with all institutions to implement the legislation. The multi-sectoral group represents interested organisations and individuals, promoting gender equality and non-discrimination.

“Extensive ground work is needed to implement the act by training service providers and setting up the system to prevent and respond to domestic violence across the country,” Michiyo added.

Recommended names were not released by the group as it is being reviewed by the government.

A Gender Ministry official confirmed to Minivan News that GAWG’s nominations were taken under consideration while shortlisting the names for President’s office.

Stakeholder’s concerns

All stakeholders from government, civil society, judiciary and state institutions gathered at the Tuesday’s national consultation workshop on UN Secretary General’s Unite Campaign to end violence against women, and “agreed” on the urgency of forming a central authority to prevent domestic abuse and overcoming the existing challenges in providing protection and justice to those victims.

According to Human Rights Lawyer Mohamed Anil, who participated in the DV Act’s drafting process, the “legislation is incomplete without the authority”.

“It is already created from the date of ratification. On paper it exists now. But without the members authority is nonexistent, ” Anil observed.

He added that the when the legislation fully comes into operation it will bring “significant new changes”, one of which he pointed out is the additional power granted to the security forces to investigate abuse and violence within domestic spheres.

Should the police find reasonable evidence to believe  a person is a victim of domestic abuse, the DV legislation stipulates the police can enter the place of crime without a court order and arrest perpetrators and even request for a protective order on behalf of the victim.

Due to these “extra-powers” Anil said, police are required to compile an internal regulation outlining the guidelines in dealing with domestic abuse cases.

Should the authorities fail to report or address a case of domestic abuse, they can be held accountable under the law.

The law also mandates the police to remove the victim from the abusive environment to a shelter, if necessary on the institution’s own expenses.

In the most recent case of alleged infanticide on Feydhoo island, the council and islanders have been claiming in the local media that the authorities had failed to relocate the 15 year-old mother of the dead baby despite several complaints of sexual abuse within her home.

Stakeholders at the meeting highlighted that the Family and Children Center (FCC) shelters on the islands are under-equipped and too short staffed to accommodate and help victims, while budget constraint are further hampering the process.

“Look at the condition of FCC on islands. We once had to keep a sexually abused girl at the atoll state house because the shelter did not have any facilities and there was no other safe place to keep her,” Shaviyani atoll Council President Moosa Fathy noted at the workshop.

“Everyone talks about these issues on stages. It is merely a political fashion show.” he added, noting that there has been several cases where police and state institutions have denied support to the councils.

Therefore, at the end of the workshop, participants promised to make a coordinated effort to end violence against women and girls and promote gender equality.

“We need more commitment and concrete action.” a participant noted.

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President provides account of his actions to CNI

President Dr Mohamed Waheed Hassan on Tuesday met with the Committee of National Inquiry (CNI) to provide an account of his actions during the recent transfer of presidential power.

The CNI was set up by Dr Waheed to investigate the legitimacy and legality of the events between January 14 and February 8 following the claims of the former ruling party, the Maldivian Democratic Party (MDP), that the change of power was tantamount to a coup.

The Committee which consists of Ismail Shafeeu, Dr Ibrahim Yasir and Dr Ali Fawaz Shareef, has been criticised by the MDP who argue that it was assembled without adequately consulting other parties and that it lacks impartiality. The party has refused to work with the CNI.

This criticism was backed by the Commonwealth Ministerial Action Group (CMAG) which has given the government a deadline to address its concerns over the commission’s impartiality and independence.

These calls have more recently been accompanied by the Maldivian civil society coalition Thinvana Adu which was particularly keen to encourage the involvement of international experts in the inquiry process.

The government’s response to CMAG’s criticism was, firstly, to criticise the statement as lacking in specific details, before arguing that it had asked the Commonwealth to assist in the inquiry process but had received no response.

More confusion followed as President Waheed claimed that it was not within his remit to change the compositioin of the commission. This statement was followed by a statment from the commission arguing that changes ought to be made by presidential decree and not at the behest of the commission itself.

The CMAG deadline expires in one week’s time, after which the group has threatened “further and stronger measures” which, according to Spokesperson for the Commonwealth Secretariat, Richard Uku, could include suspension.

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Female police officer attacked near MDP protest area

A female police officer was attacked on Friday night while she was waiting near a food cart on Boduthakurufaanu Magu with friends, police have said.

In a statement, police said the officer was attacked by people gathered near ‘Usgandu’, an area given by Male City Council to the Maldivian Democratic Party (MDP) to conduct political activities, following the dismantling of their protest site at the tsunami monument by authorities.

Police said the incident occurred at about 9:20pm on Friday night while the officer was not in police uniform.

According to the police, the woman suffered injuries to her back and chest and was admitted to ADK hospital for treatment.

Police are trying to determine the persons responsible for this attack, police said.

Speaking at a meeting held with police officers and Maldives National Defence Force (MNDF) officers last Saturday night at Kulhudhufushi in Haa Dhaalu Atoll, President Dr Waheed Hassan Manik said the police and army had been having hard time over past three months, and that the government understood that it needed to increase the security of police and army officers, their property and families.

Newspaper ‘Haveeru’ reported Waheed as telling the police and army officers that he appreciated the work of security forces, and condemned accusations made by people against police and army officers as an attempt to cause public disturbance.

In the meeting, Dr Waheed also assured the police and army that he and his cabinet ministers would not give any unlawful orders to the security forces, reported Haveeru.

In March, two police officers, one male and a female, were attacked by a group of people while they were patrolling on the roads near Nalahiya Hotel in Maafannu Ward.

They were admitted to hospital for treatment, according to police.

Three men were also alleged to have entered a policeman’s house with knives.

In the same month a group of two men attacked a police officer and his two brothers on the island of Gemanafushi in Gaafu Alifu Atoll.

Police at the time stated that two men assaulted the police officer and fled, and an hour later stabbed the officer’s younger brother in the head and another of his brothers in the stomach.

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No response to requests for Commonwealth assistance with inquiry, alleges Foreign Ministry

The Foreign Ministry has issued a statement in Dhivehi claiming the Commonwealth had not answered the government’s requests seeking expertise for the Commission of National Inquiry (CNI).

The CNI was set up by President Dr Mohamed Waheed Hassan to investigate the controversial change of power on February 7 which the ousted Maldivian Democratic Party (MDP) maintains was a coup d’état orchestrated by remnants of the former dictatorship, funded by several resort interests and carried out by mutinous police and military units.

The Commonwealth Ministerial Action Group (CMAG) on April 16 challenged the independence of the commission, urging the government “to review immediately the composition and terms of reference of the Commission to make it genuinely independent, credible and impartial. CMAG reiterated the Commonwealth’s offer to provide assistance in this regard.”

However in its statement yesterday, the Maldives Foreign Ministry claimed “when the inquiry commission was set up on February 22, this ministry requested the Commonwealth for expertise. This ministry sent the terms of reference for such an expert to the Commonwealth. However, the Commonwealth has not sent an answer to the request to this day.”

“The Maldivian government has previously agreed to the Commonwealth Ministerial Action Group’s call for international expert assistance as per the CMAG statement. Hence, the Maldivian government requests an international expert for the inquiry commission in the near future with Commonwealth’s support,” the Ministry stated.

Spokesperson for the Commonwealth Secretariat, Richard Uku, said that CMAG had noted during its teleconference on March 15 that while the CNI had commenced work, “it had failed to secure cross-party support.”

“[CMAG] Ministers acknowledged that international assistance had been requested, and noted that the Commonwealth could be of potential assistance,” Uku said.

Following a visit to the Maldives by the Secretary-General’s Special Envoy, Sir Donald McKinnon, the Commonwealth had discussed the provision of a senior judicial advisor to the CNI, Uku explained.

“Draft terms of reference for the adviser were agreed with the Government of Maldives, and preparations made for the selection and placement of a Commonwealth adviser. However, by this time it had become amply clear that the existing composition of the Commission did not enjoy broad political acceptance. The Secretary-General’s Special Envoy consequently focused his discussions with parties on attempting to facilitate agreement on this matter,” he said.

“At their meeting on 16 April, CMAG ministers were concerned that the Government had not made any moves to revise the composition of the CNI in a manner that would enhance its credibility. CMAG accordingly asked for the composition and terms of reference of the CNI to be reviewed in order to make them generally acceptable.

“Pending such a review,” he concluded, adding that the Commonwealth remained “ready to assist the Commission as soon as broad-based political agreement is reached on its composition and terms of reference.”

Rising rhetoric

In its concluding statement on April 16, CMAG warned of “stronger measures” against the Maldives “should the composition and terms of reference of the Commission not be amended within four weeks in a manner that is generally acceptable and enhances its credibility.”

Uku told Minivan News last week that while the Secretariat would not speculate about what “stronger measures” might entail, a range of options were available to CMAG “including suspension from the Councils of the Commonwealth”.

Figures in the new government and MPs of the new ruling coalition have reacted angrily in parliament and in local media to the deadline, possibility of Commonwealth suspension and accompanying international censure.

Haama Daily reported State Minister for Foreign Affairs and daughter of former President Maumoon Abdul Gayoom, Dunya Maumoon, as questioning CMAG’s impartiality, claiming their response was based on “incomplete information” and stating that it was “very apparent that CMAG is not aware of Maldives’ laws and regulations.”

President Waheed’s political advisor, Ahmed ‘Topy’ Thaufeeq, posted on Twitter that the Commonwealth “has no right to call on Maldivian govt to hold ‘early’ elections against the country’s constitution.”
“CMAG can take whatever action it wants if the Maldives does not hold early elections against its constitution. Go ahead if that is democracy,” Thaufeeq stated.

State Minister for Tourism, Ahmed Shameem, was reported in newspaper Miadhu as accusing the Commonwealth of showing contempt for the Maldives constitution, claiming that “some entities of the United Kingdom are trying to shatter the Islamic unity of the country.”

“Everyone wants their puppet to rule the country. Nasheed ruled Maldives as a puppet of the United Kingdom. Nasheed is ready to destroy the Islamic unity of Maldives,” Miadhu reported Shameem as saying.

State Minister for Fisheries, Fuwad Gasim, also alleged in Miadhu that “Most foreign ministers sitting in CMAG would not even know the colour of the Maldivians.”

“A group like that all of a sudden releases a statement listening to only one party through a teleconversation and comments on issues. This is not how responsible organisations do things,” Fuwad claimed.

Fuwad said that a statement released by the Commonwealth after “thoroughly considering what has happened in Maldives” would “differ a lot from the original statement.”

“There are countries in the Commonwealth that know what happened on February 7, and haven’t said it was a coup,” he said.

Fuwad added that India had been observing the events from the day they unfolded, and that all political leaders were in touch with Indian High Commissioner D M Mulay.

“They were regularly updating Mulay about the events,” he said. “So I believe Mulay had been observing the events of February 7 and he would have said whether it was a coup or not. India was the first country to recognise the new government, so how could we give credibility to a report made by those who were  too far away?”

Meanwhile, speaking in parliament today, Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed called on the government to preemptively withdraw from the Commonwealth.

“There is no reason to have international relations with a group like this, who don’t even know how to ensure justice, he said. “I propose to disaffiliate ourselves from the Commonwealth for now.”

MP Muththalib from the Adhaalath Party accused CMAG of being “a weapon used to destroy the religion of this country.

“I do not believe CMAG has any right to call on us to hold early elections. We should consider the countries that are doing things for us,” he said.

“If the current government feels that disassociating with CMAG or the Commonwealth is the best thing for this country, I am in full support for this Majlis to pass such a motion.”

The MDP released a statement claiming it was concerned that attempts to discredit international bodies locally would lead the Maldives down the path of international isolation – “the route of Myanmar’s junta, or Zimbabwe or Fiji” – and reiterated its calls for Dr Waheed to step down and trigger early elections under the Speaker, or agree to amend the Constitution to provide for early elections before the end of 2012.

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Parliament has confirmed government’s legitimacy, says President Waheed

Parliament has confirmed the legitimacy of his administration, President Dr Mohamed Waheed Hassan has contended.

Addressing the Majlis on April 2, Deputy Speaker Ahmed Nazim said, “President Dr Mohamed Waheed Hassan took oath of office in Majlis on 07 February 2012, and has delivered the presidential address as per the constitution on 19 March 2012. Hence, the People’s Majlis believes the transfer of power on February 7 was constitutional.”

The ousted President Mohamed Nasheed said he was forced to resign at “gunpoint,” and has raised questions over Waheed’s legitimacy. Nasheed has called for early general elections.

Nasheed’s Maldivian Democratic Party (MDP) sought to obstruct Waheed from addressing parliament on March 1 and March 19. Waheed only managed to deliver a shortened version of the presidential address amidst loud heckling by MDP MPs in the Majlis chamber while MDP supporters and police clashed violently outside. During the speech an MP held up a placard declaring Waheed a ‘coup boss’.

In a statement on Monday, Dr Waheed said he welcomed the decision and “called on all parties to redouble their efforts to bring stability, security and prosperity to the Maldives.”

However, MDP parliamentary group’s deputy leader Ahmed Sameer said the deputy speaker had no authority to make rulings on behalf of the Majlis.

“The Majlis makes decisions after a debate and a vote. There has been no debate and no vote on the matter. A debate on the legitimacy of the government hasn’t even been put on the agenda,” Sameer said.

“That the deputy speaker can unilaterally rule on this matter is a joke and is against the Majlis house rules,” he added.

Majlis minutes reveal Nazim only made the ruling after MPs repeatedly debated the transfer of power instead of addressing the issues on the agenda for the day. Nazim repeatedly asked MPs to return to topic, but to no avail.

During debate over an amendment to the Judges Act to include retirement benefits and privileges, MDP MP Ali Waheed expressed concern over the events surrounding the transfer of power on February 7, and called on the Deputy Speaker to pass a resolution for public referendums to establish coup had taken place and to hold elections.

In response Nazim said, “Since some MPs are addressing the Speaker on the transfer of power, I believe I now have to issue a ruling on the matter.”

After claiming Waheed’s administration was legitimate, Nazim asked MPs not to address the Speaker any further on the matter.

MDP refuses to recognise Waheed’s administration, and have called for an impartial and independent investigation with international oversight into the transfer of power. The Commonwealth, the EU and local civil society groups have supported the call for investigation.

Dr Waheed instituted a three member Committee of National Inquiry (CNI) to look into the legality and legitimacy of the transfer of power, but the CNI has come under fire for unilateralism and lack of independence. Moreover, the CNI has said it will not be conducting a criminal investigation.

Waheed told local television station Villa TV (VTV) he would resign and reinstate Nasheed if inquiry established a coup.

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