Maldives votes: Local Council Elections 2011

The Maldives votes today in its first local council elections. Minivan News will provide rolling coverage throughout the day (scroll down).

Local Council Election Guide (English)

10:00 – The country’s ballot boxes opened from eight this morning without any major disruptions across the country and are expected to remain in use until 4:00pm this afternoon, according to Elections Commission (EC) President, Fuwad Thaufeeq.

Thaufeeq told Minivan News that there were no reports of delays or closures at any of the country’s polling stations, with an additional two ballot boxes opened in Trivandrum, India and Colombo, Sri Lanka, for Maldivian nationals overseas.

“All the [polling] stations were opened on time and many were staffed from about 45 minutes before operating to ensure they were fully ready,” he said. “We also have the two boxes in Sri Lanka and India that will also open between 8:00am and 4:00pm local time.”

Constituents wishing to take part in the elections will have until today’s 4:00pm deadline to queue up at one of the country’s polling stations to ensure they can select their chosen candidate, according to Thaufeeq. Any arrival after this deadline is expected to be turned away without being able to vote, the EC has said.

10:15 – The Maldives Police Service has said that it has received no major reports of major violence so far this morning or in the run up to the local council elections, despite fears about potential clashes between rival supporters.

Police Sub-Inspector Ahmed Shiyam said that despite some “little misunderstandings” at some island polling stations, there had been no major clashes.

“There has not been any violence so far today, yesterday or the day before that,” he said. “We are trying to work with the Elections Commission (EC) in regards to any problems, though there hasn’t been much confrontation.”

Shiyam said that certain “misunderstandings” had been reported to have occurred at some island-based ballot boxes, where confusion had arisen over whether one constituent was able to correctly see how he would be casting his vote.

“As someone was casing their vote, allegations were made that the constituent in question was blind, while others denied there was a problem,” he said.

10:30 – Police questioned a man in Villimale after he allegedly used his phone to photograph his ballot. Election officials are alert to the use of phone cameras at the ballot box, which can be used to show evidence that bought vote was made as demanded. Police were reportedly unable to find the photo on the man’s phone.

10:40 – Two Commonwealth Election Observers are working in Male’ and nearby islands, while two more are covering larger population hubs such as Kulhufushi.

The team includes Commissioner Florence Kebbie (National Election Commission of Sierra Leone), Zenaida Moya-Flowers (Chairperson of the Commonwealth Local Government Forum and Mayor, Belize City Council), Anuya Kuwar (Project Officer – Asia region, Commonwealth Local Government Forum) and Alison Pearman (Policy Officer, Political Affairs Division, Commonwealth Secretariat).

“We don’t normally observe local council elections, but the Elections Commission asked us. We’re not formally monitoring the election – we won’t be doing press releases or making public announcements, but we will produce a report for the Commonwealth Secretary General and this will like by passed to the Elections Commission,” explained Pearman.

The EC has said that 913 observers from local NGOs and political parties will be observing the election. 1179 applications were submitted.

12:15 – Fares-Maathoda in Gaaf Dhaal has reportedly suspended voting because of the number of elderly people voting with help of assistants.

12:20 – Miadhu has reported on some of the rhetoric adopted by politicians in the lead up to today’s voting, with rival parties being compared to diseases and “back breakers” as election fever heats up.

The paper reported Speaker of Parliament and Dhivehi Rayyithunge Party (DRP) member Abdullah Shahid as claiming that the party offered “vaccination” against “yelllow fever” – yellow being the colour of the ruling Maldivian Democratic Party (MDP).

Majlis Speaker and DRP Council member, Abdullah Shahid said Saturday’s election provided an opportunity to cure voter disaffection with the serving government.

“I appeal to all people to take your family and vaccinate them against yellow fever on Saturday,” Shahid was yesterday reported as saying. “This rally will end our campaign for the upcoming elections. And likewise the elections will end the yellow fever epidemic for the whole of the Maldives,” he said.

Meanwhile MDP Parliamentary Group Leader ‘Reeko’ Moosa Manik suggested that voters would not turn to the DRP, as they had already had their “backs broken” during the party’s previous innings. ‘Back breaking’ is a reference to allegations against a prominent opposition figure, who is alleged to have broken the back of a dissident under the former administration.

According to Miadhu, Moosa told attendees at an MDP campaign rally held yesterday at Male’s artificial beach that former President Maumoon Abdul Gayoom had headed “an oppressive government” that he claimed “ruled tyrannically by abusing the rights of the people.”

Beyond MP wordplay and party rhetoric, Minivan News last week reported on what a number of the country’s most prominent parties saw as the key election issues.

13:30 – Aiman Rasheed, Projects Coordinator for NGO Transparency Maldives which is coordinating the domestic observation of the elections, has claimed that it continues to have a number of major concerns including the prevalence of ‘assisted’ voting, ongoing campaigning by parties within ballot areas, and low levels of voter education as to the process.

Rasheed told Minivan News that Transparency Maldives had particular concerns regarding public’s understanding how to vote in a such a complex election, and feared this would lead to many votes being invalidated, particularly in areas where multiple votes were required for island and council atolls.

“If people pick four instead of a required five candidates, then their vote is invalidated. It has to be just right,” he said. “[Transparency Maldives] anticipates quite a lot of invalid votes. In the general election – 2008 – only about one percent of votes were invalid. We are expecting a higher number this time.”

Rasheed added that there was also potential for the abuse of the assisted voting system, which is used to aid disabled or incapacitated constituents to attend the ballot.

“Assisted voting is given at the discretion of the Elections Commission (EC) officers, though we have been getting complaints from all over the country and police have also raised concerns,” he said.

According to Rasheed, although laws have been outlined over the provision of assistance and votes to constituents with mental illness or disabilities at the ballot box, many of the traits for defining these criteria in the country remain “subjective”, making enforcement difficult.

13:40 –Transparency predicts vote counting will begin at 5:30pm, after those still in the queue at 4:00pm are given the chance to vote. Initial results should be available after two hours (~7:30pm).

14:50 – Haveeru reports that several ballots on Baarah in Haa Alif Atoll have been destroyed after an ink bottle spilled on the ballots. The EC confirmed a request for more ballots to be sent to the island.

15:45 – Large crowds remain outside several voting centres in Male’, despite proximity to ballot closing.

16:30 – As polling comes to a close, some of the political parties have begun discussing early impressions from the polling.

Ahmed Haleem, spokesperson for the Maldivian Democratic Party (MDP), said that although polling appears to have gone relatively smoothly, he was not happy with voter turn-out within Male’, which he claimed had been “poor” – a major potential setback for the party.

According to Haleem, the ruling party was concerned that many in the electorate were not aware of the importance of the council elections, which meant that voter turnout in the city was not as high as islands across the country’s atolls.

“This is a big problem for the MDP, we have a large support base in Male’,” he claimed.

The party spokesperson also expressed concern at the decision to end polling by 4:00pm as opposed to later in the evening.

“People are not coming to vote by 4:00pm – a lot of people are still waiting outside the gate to vote, but they can’t get in now.”

16:46 – A number of islands have reported problems with assisted voting for disabled or impaired constituents, says Police Sub-Inspector Ahmed Shiyam, with allegations that insiders from various parties may have been abusing the system to gain votes.

Despite these complaints, Shiyam added that police had not become involved in the matter as it was not believed to be sufficiently widespread or organised, leaving Elections Commission officers to deal with the matter.

Beyond some concerns over the assisted voting, Shiyam claimed that voting across the islands had remained peaceful during the day.

“So far, there has not been any big issues with violence,” he said.

15:09 – Ballots are closing as queues recede, and counting has begun for some islands. Preliminary results should be available in several hours.

17:52 – Preliminary result for Hulhuheniveiru, 52% MDP (Maizan Ali Maniku), 40.5% DRP (Ahmed Nizam).

18:00 – Preliminaryresult for Galolhu Dehkunu area T-05 ballot box, DRP leading 43% out of five candidates (Ibrahim Sujau).

18:27 – Total four ballot boxes counted, temporary results indicate 3 to MDP, 1 to DRP.

18:29 – Preliminary results for Male’ city council available shortly.

18:43 – Latest ballot box count: MDP 8, DRP 4, GIP 1, Independent 2

19:42 – Latest ballot box wins: MDP ahead with 16, DRP 9, Independent 3, GIP 1.

20:49 – Preliminary results for 27 boxes counted in Male’ suggest MDP may hold all but 2 seats, although margins remain narrow. MDP’s Maizan Ali Manik, has 847 to DRP’s Ahmed Nizam’s 395 for Hulhuhenveyru Dhaairaa. DRP looks to have won Galolhu Dhekunu Dhaairaa with 442 to Ibrahim Sujaau, against MDP’s Abdulla Shafeeu with 396.
Incumbent municipality head, prior to his resignation several days ago, Adam ‘Sarangu’ Manik, has a narrow lead with five boxes counted in Machangolhi Dhekunu Dhaairaa, with 979 to DRP’s Assad Shareef’s 926. Independent Aishath Sherin so far has 63 in this area.

21:15 – Dhivehi Rayyithunge Party (DRP) Leader Ahmed Thasmeen Ali has said he remains confident the opposition party will have a positive feedback from the elections as more votes come in from the country’s island councils.

Thasmeen told Minivan News that despite not doing “too badly” in the Male’ council elections so far, he was disappointed at a last-minute decision by the Supreme Court allow the elections for the formation of a council to serve an Addu City.

Otherwise the party remained positive of success, he said.

“We have been getting feedback from the islands and so far it looks good,” he said.  “We still are awaiting all the results from the island council that are slowly coming in and over the course of the night, we expect we will have a reasonable margin.”

In Male’, of four seats won by the DRP during the previous government election within the city, Thasmeen said he believed it would lose only one in the council elections; a decision he blamed on a DRP member running as an independent alongside an official party candidate.

According to the DRP leader, the major disappointment of the day had so far been felt in the controversial decision to once again allow elections for the Addu City that it had not been prepared for.

Thasmeen claimed it had reluctantly gone along with the decision of the courts, but was hindered by having disbanded its campaign team for Addu.

“It was clearly announced [the Addu elections] would not be today,” he said.  “[The decision to hold them] has given the Maldivian Democratic Party (MDP) an advantage due to their larger finances.  We should have had more time to allow constituents to return.”

21:21 – 50 percent of ballot boxes have been counted or are in process, according to Aiman Rasheed from Transparency Maldives.

“I think things have gone much better than we anticipated, although there have been issues that the Electoral Commission could have prevented,” he said.

Low voter turnout, Aiman suggested, was likely due to general apathy “as people don’t know what these councils are supposed to do or what their mandates are.”

21:31 – Complaints have delayed the counting of two ballot boxes in Dhaalu Atoll. Ballot box for Maavah in Laamu Atoll has resumed counting after temporary disruption.

21:36 – Preliminary results suggest Fuvamulah Maadhandu won by MDP, Mahibadhu in South Ari Atoll by DRP.
23:10 – Haveeru reports clashes between police and MDP supporters on Kela in Haa Alif Atoll MDP after the Elections Commission reportedly allowed voting to continue this evening. President Mohamed Nasheed is holding a meeting at the MDP Haruge shortly.
23:15 – MDP looks to have won all seats of the Addu City Council and nine of the 11 seats in Male’. A last minute decision by the Supreme Court allowed voting to take place in Addu after the Elections Commission declared in cancelled two days ago, in a move that has antagonised the opposition.
00:10 – Counting of ballots from outer island continues, while preliminary results suggest strong result for MDP, particularly in Male’ and Addu.

Refresh this page for further updates as the day progresses

Download the Local Council Election Guide (English)

Credit: Analysis spreadsheet prepared by Aishath Aniya. Data sourced from Elections Commission.

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Addu election canceled after Civil Court rules Addu city criteria invalid

The Civil Court has ruled that the government’s criteria to declare Addu a city are invalid, days before the local council elections are due to take place.

Yesterday evening the decision led the Election Commission to cancel the elections in Addu.

Local newspaper Haveeru reported that Civil Court Judges Aisha Shujoon Mohamed, Hathif Hilmy and Ali Naseer had examined the case, before ruling that the criteria established by the Local Government Authority – consisting solely of Home Minister Hassan Afeef – were invalid. According to court documents cited by Haveeru, this ruling came from a case filed by Hassan Nasir of Annaaru Villa/Addu Atoll Hulhudhoo.

Establishing the criteria required majority of the board, the Court said, as “if a law requires a certain decision to be taken by a particular council or a committee, the decision should be taken by the majority of the council or the committee unless interpreted otherwise.”

Afeef said he was unable to comment as he had not yet seen the Civil Court’s ruling.

The Civil Court first overturned the President’s declaration of Addu as city last month, citing the technicality that the criteria to establish the definition of a city had not been established as required by the Local Government Authority.

That case was filed by the minority opposition party Dhivehi Qaumee Party (DQP), and strong feelings on the subject among Addu citizens in Male’ and Maldivian Democratic Party (MDP) supporters led to protests outside the house of DQP Leader Hassan Saeed – himself a prominent Adduan.

In response, President Nasheed appointed Afeef to then-empty Local Government Authority – leaving other positions empty – who hastily published city criteria in the government gazette.

The criteria stated that a region would be considered a city if it had a minimum population of 25,000 people and a GDP of no less than Rf 1 billion. The GDP of Addu in 2010 was more than Rf 2 billion, while the population is almost 30,000, according to the Department of National Planning.

The President then declared Addu a city for the second time, even as the Elections Commission (EC) warned that it could be obligated to repeat the voter registration process in Addu, potentially delaying the local council elections in Addu by two weeks. The EC subsequently decided to continue with the election on February 5, on correction of the procedure.

Minivan News sought response from the Attorney General Dr Ahmed Ali Sawad, but had not received any at time of press.

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Divide or unify: Gayoom’s return to politics raises election stakes

The return to politics of former President Maumoon Abdul Gayoom following his retirement in February last year could unify the opposition or deepen the growing factional split between the two parties, observers have suggested.

The former President returned to the Maldives to campaign on behalf of the opposition Dhivehi Rayithunge Party (DRP), of which he remains the ‘Honorary Leader’.

In a speech on Thursday evening at Kalaafaanu School in Male’, Gayoom did not show overt support of either the faction led by dismissed Deputy Leader Umar Naseer, or that of current party leader Ahmed Thasmeen Ali whom he endorsed on his retirement.

Conflict between the two factions came to a head in mid-December when a party rally descended into a factional brawl after supporters of the dismissed Naseer gatecrashed the venue.

In his speech Gayoom urged unity, quoting from the Quran and emphasing that “we should work to reduce the disputes among us.”

“I am saying this in my capacity as the Supreme Leader of DRP, as a father of all you members and as an elderly person,” local newspaper Haveeru reported the former President as saying.

He expressed concern that rival parties would exploit the opportunity to divide the opposition ahead of the elections, and said the DRP needed to win in order to protect both the country’s Arab-Islamic heritage and national assets – a clear criticism of the government’s decision to allow Indian infrastructure giant GMR to take over the management and development of Male’ International Airport.

“We should utilise the resources bestowed on us by God Almighty. The rich natural resources we have are for our children, the future generations and for us. That should not be given to foreigners,” Haveeru reported Gayoom as saying.

Despite the call for unity and his prior public endorsement of Thasmeen, Gayoom appears to be hitting the campaign trail with dismissed Deputy Leader Umar Naseer – whom the Elections Commission last week maintained had been formally removed from the party’s membership list despite the party’s “internal dispute”.

”The DRP office requested the commission remove his name from the party’s membership, saying that they have dismissed him,” said Elections Commissioner Fuad Thaufeeq. ”So we removed his name accordingly in respect to the party’s wishes.”

DRP MP Ahmed Mahlouf, himself a supporter of Naseer, told Minivan News today that while Gayoom “had invited everyone in the party to join his [campaign] trip, the others [Thasmeen’s faction] are travelling separately.”

“The target is the same – to win the local council elections,” Mahlouf said. “He definitely helped during the parliamentary campaign when he travelled to the islands, and he also campaigned for me. He is starting his first trip on Janurary 10, and islanders and candidates are looking forward to his visits.”

Political impact

The former President remains an enigmatic figure in Maldivian politics. The true extent of his popularity since the DRP’s win in the parliamentary elections over two years ago is unclear, given the absence of independent and impartial political polling in the country. The MDP contends that its infrastructure and development projects have won over many islanders, but many Maldivians – and certainly Thasmeen – still live in the shadow of their ‘Honorary Leader’ of 30 years, and responsibility for the many teething problems of the new democracy have landed at the MDP’s feet.

Certainly, news of Gayoom’s return to Male’ prompted thousands of supporters to appear at the jetty on December 31 holding posters of the former president.

The ruling Maldivian Democratic Party (MDP), Mahlouf suggested, was scared of Gayoom and the loyalty he inspired in the party faithful.

“Gayoom is the only person with popular support, and that was clearly seen in the parliamentary election. [The MDP] are scared he will run in 2013, but that will be the decision of other people. He is the right person for an election in 2011, if it were held,” Mahlouf said.

Gayoom had not said whether he would run for 2013, Mahlouf added, and had only said he would talk about the 2011 local council elections.

“But if he fit enough to run, he is the right person to change things again, and stabilise the economy,” Mahlouf suggested. “Maybe not the full five year term, maybe 2-3 years and then hand the leadership to his Vice-President. This is just my speculation, nothing has been decided – I think it should be decided at a DRP primary.”

He acknowledged that while Gayoom had publicly endorsed Thasmeen as leader in February, “I’m not sure whether he supports him anymore, or feels that [Thasmeen] is the right candidate for 2013.”

The split has put the party’s coalition agreement with the People’s Alliance (PA) under strain, with growing tension between Thasmeen’s faction and PA leader Abdulla Yameen potentially threatening the opposition’s parliamentary majority.

Mahlouf acknowledged that “the fighting is getting hot”, but said the party had resolved not to discuss internal politics with the media before the conclusion of the local council elections.

“I know Yameen is also very concerned about what the government is doing, and will only tolerate things to a certain point. There are things that need to be corrected on both sides, and we need to sit down and resolve them.”

MDP Chairperson Mariya Ahmed Didi said the former President’s return to politics “gels us together – those who believed and came out against his dictatorial regime.”

Furthermore, she suggested, it had allowed “aspiring leaders in DRP and those affiliated to DRP to see Gayoom for what he really is – concerned only about his self interest and trying to set up a dynasty.”

Thasmeen and DRP party spokesman Ibrahim Shareef had not responded to Minivan News at time of press.

Motivation

Concern over the former President’s impact on Maldivian politics reached right to the top: in the final days of 2010, President Mohamed Nasheed publicly warned Gayoom that returning to the campaign trail would not be wise and raised concerns over his safety.

“Sometimes when former presidents leave the country and then return to the Maldives, a very regrettable fate has occurred,” Nasheed said. ”I am concerned that something very regrettable is about to happen in Male’.”

”If Gayoom is returning to politics then he is messing with the feelings of the citizens that could cause them to confront and return to their history, and it is very possible that a regrettable consequence may occur,” Nasheed said. ”Do not mess with the feelings of the citizens of the Maldives, because when they are shaken, not even I can curb the pressure.”

Rumours of a previous back-room truce between the two leaders over the pursuit of corruption and human rights allegations against the former President in return for his retirement from public life appeared to be on shaky ground following Nasheed’s high profile support of elderly historian Ahmed Shafeeq during the launch of Shafeeq’s book in October 2010.

In his book, Shafeeq alleged that 111 people died in custody under the former administration and that he himself had been arrested and his diaries destroyed. Nasheed promised that police would investigate and revealed that human bones discovered in the former Gaamaadhoo prison matched the age and estimated period of death of Abdulla Anees, Vaavu Keyodhoo Bashigasdhosuge, an inmate officially declared missing in the 1980s.

Nasheed’s public support of the book prompted Gayoom to write to the British Prime Minister David Cameron, appealing for pressure to be placed on President Mohamed Nasheed following “the escalation of attempts to harass and intimidate me and my family.”

The matter, he told the British PM, involved “unsubstantiated allegations by an elderly man by the name of Ahmed Shafeeq that I had, during my tenure as President, ordered the murder of 111 dissidents.”

“In a book authored by this Shafeeq, which was ceremoniously released [on October 10] by Mohamed Nasheed himself, it is accused that I also ordered the man’s arrest and supposed torture in prison. In a country of just over 300,000, it is safe to assume that even one ‘missing person’ would not go unnoticed, let alone 111.”

Nasheed’s government had “escalated its attempts to harass me” in the run up to the local council elections, Gayoom wrote, despite his retirement from politics.

“After the government’s defeat in last year’s parliamentary elections, the popularity ratings of the ruling MDP have fallen further in recent months as a result of the government’s failure to deliver on its campaign promises, and its lack of respect for the law.”

“On the other hand,” Gayoom told the British PM, “I continue to enjoy the strong support, love and affection of the people, and have been voted by the public as ‘Personality of the Year’ in both years since stepping down from the presidency.”

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Small islands reject administrative consolidation

Small island populations overwhelmingly rejected the government’s proposal for administrative consolidation and the creation of city councils at Saturday’s referendum amid a 30 percent turnout across the country.

Of 88,882 eligible voters, less than 27,000 participated in the referendum.

Provisional results show that 86 islands voted against the proposal for grouping smaller islands to form large population centres, while only 19, mostly larger islands, voted in favour.

Voting took place in 105 islands listed by the government for administrative consolidation and the creation of city councils ahead of the enactment of the landmark Decentralisation Act and upcoming council elections.

Following the evident lack of voter enthusiasm, the government has been severely criticised for inadequate efforts to raise awareness and inform voters of the benefits of the proposed administrative changes.

After a bitter year-long struggle between the government and opposition parties in parliament over the draft legislation for local governance, the Act was passed in a partisan vote in April after MPs of the ruling Maldivian Democratic Party (MDP) walked out in protest.

The dispute centred round the government’s stated policy of grouping two or more atolls to form seven provinces, which the opposition argued was unconstitutional and could marginalise less populous atolls with disproportionate representation.

While the opposition insisted that the existing division of 20 administrative atolls and the capital Male’ must be maintained, the government argued that consolidation was necessary to achieve economies of scale or cost advantages in the long run.

Saturday’s referendum was necessitated by article 136 of the Decentralisation Act, which states that islands could be grouped to form constituencies if the respective populations make an appeal to the president.

Following discussions between the two main parties before listing administrative constituencies for the council elections as stipulated by the Act, the parties agreed that a public referendum would have to decide the disputed issue of consolidation.

After the plan for combining islands was announced, opposition Dhivehi Rayyithunge Party (DRP) Leader Ahmed Thasmeen Ali criticised it as “senseless”, warning of “dire consequences for the people” should the proposed administrative changes fail.

The parliamentary majority leader also argued that “it would be highly irresponsible to spend taxpayer money” on the referendums in islands with traditional opposition to consolidation.

“Anyone who understands the politics of the different islands would understand that some of the groupings are just non-starters,” he said.

Meanwhile in his weekly radio address on Friday, President Mohamed Nasheed reiterated that developing a large number of small island units was not economically viable.

“Based on my education and experience, I see that a small unit could be developed to a particular extent, a particular limit,” he explained. “When that limit is reached for the small unit, there is very little that can be done.”

Referring to the islands Inguraidhoo, Kinolhas and Fainu in Raa atoll, separated by four nautical miles, Nasheed argued that the administrative consolidation would create a population centre of over 2,500 people.

“When the government as well as aid agencies and well wishers look to help, it is likely that more attention will be given to an island where 2,500 people live than an island with a very small number of people,” he said.

A larger budget could therefore be earmarked for the new constituency, he added, allowing for large scale operations to provide utility services, such as one powerhouse for three islands.

Of the 105 islands where voting took place, the proposal was endorsed by Alif Alif Mathiveri, Alif Dhaal Maamingili, Thaa Omadu, Baa Dharavandhu and Goidhu, Haa Alif atoll Baarah and Thakandhu, Haa Dhaal Finey, Noonu Kendhikulhudhoo, Raa Inguraidhoo and Rasgethymu, Shaviyani Fonadhoo and Milandhoo.

The Elections Commission (EC) is expected to announce the official results tonight.

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Yameen’s “protection” is constitutional: Nasheed

President Mohamed Nasheed insisted today in the face of repeated queries by the press that opposition-aligned People’s Alliance (PA) MP Abdulla Yameen’s detention or “protective custody” was not unconstitutional.

As a court of law has not ruled that the detention was unlawful, said Nasheed, the Maldives National Defence Force (MNDF) acted within the bounds of the law and the constitution.

“It’s going to be very difficult for us to legitimise the process [of the corruption investigation] through the present judiciary,” he acknowledged, adding that while a new President and Parliament had been elected after the ratification of the constitution in August 2008, the judiciary remained unchanged.

“We have done nothing to upgrade or bring the judiciary to the present constitution’s standard,” he said. “So unless and until we do something about that it’s going to be very difficult for us to legitimise [the cases], for the people to understand how the judiciary works.”

He stressed that “all the arrests, actions and omissions” of the government were within the bounds of the law.

“There’s not a single step that I have taken that cannot be completely and fully justified in a court of law,” he claimed.

Asked about his remarks at an MDP rally on “stepping outside the chart”, Nasheed explained that “chart” was commonly used to refer to either “a process, or an agenda, or a manifesto, or a roadmap.”

Opposition parties have strongly condemned Yameen’s detention, arguing that rule of law no longer existed in the country following the intervention of the military.

Meanwhile, a letter sent to parliament yesterday by Defence Minister Ameen Faisal states that Yameen was taken into “protective custody” by the MNDF under legal authority granted by articles 105(b) and 243(a) of the constitution.

As an angry crowd outside Yameen’s residence was “expressing hostile sentiments and throwing stones”, it continues, and riot police were in need of reinforcements, MNDF took into consideration the threat to public safety posed by a possible confrontation between the crowd and a second group that was gathering in opposition.

Moreover, it adds, at a time when “cases related to national security” were emerging, MNDF decided that Yameen had to be placed under “protective custody” for the security of both Yameen and the community.

“As the situation in Male’ was worsening, the national security council held a meeting on July 15 2010 and decided to keep Yameen under protection,” it reads. “He is now being held in light of secret information that emerged during an investigation conducted under article 24(a) of the Defence Forces Act following violent clashes between Yameen’s supporters and those opposed to him and the sudden unrest in the political sphere.”

Asked whether Yameen would be released to participate in any cross-party talks, President Nasheed replied it would require the national security council chaired by the Commander-in-Chief to believe the situation that warranted the move had changed.

“I can’t take a risk when it involves a person’s security,” he said.

President Nasheed was further adamant that his administration would not face any international pressure or sanctions due to Yameen’s detention.

He had personally explained the situation clearly to leaders of friendly nations during the past week, Nasheed said.

International pressure was brought to bear on countries “when people are put in solitary confinement for 18, 19, 20, 22 months on end, pilloried, handcuffed, when people are killed and their property confiscated.”

As the current administration would not commit such “atrocities,” Nasheed reiterated he had “complete confidence” that the country would not face international pressure.

The Supreme Court ruling ordering the release of accused MPs Abdulla Yameen and Gasim Ibrahim had “in a sense invalidated the Police Act” and undermined police ability to maintain law and order.

It was under such circumstances, said Nasheed, when people were gathering outside the MPs homes in protest, that the decision to “isolate” Yameen was made.

On the alleged corruption and bribery in parliament, Nasheed said police will conclude their investigations and forward cases to the Prosecutor General’s office.

The president hinted that he would offer clemency to opposition politicians found guilty in court.

Constitutional crisis

While police have complained of obstacles to their investigation of “high-profile corruption cases”, President Nasheed argued that “some laws” passed by the parliament were making it difficult for a presidential system to function effectively.

“In my view, the essence of this is connected to the form of the constitution,” he said, adding that teething issues in implementing the constitution must be resolved.

There were two ways to resolve the present constitutional crisis, said Nasheed, both of which involve bringing amendments to the constitution.

“One way is for all political parties to agree to amend the constitution to change to a parliamentary system,” he suggested, adding that he was ready to face any election in the event.

As the existing constitution allows parliament to block executive functions, said Nasheed, the government could neither ensure economic development nor offer basic services effectively.

“If opposition political parties did not believe [changing to a parliamentary system] would be best, the second way is for us to perfect the presidential system,” he said.

The second option would be to amend the constitution by adding provisions “to the extent that [the main opposition Dhivehi Rayyithunge Party] DRP called for when it advocated for a presidential system” in the October 2007 public referendum.

While the ruling Maldivian Democratic Party (MDP) campaigned for a parliamentary system at the time, Nasheed said both systems were beneficial but “a middle way” was not practical.

“Either perfecting the presidential system or changing to a parliamentary system [is the choice],” he said.

As DRP Leader Ahmed Thasmeen Ali has signalled the opposition’s desire for dialogue, President Nasheed said he was willing to engage with opposition MPs to resolve the deadlock in parliament, adding that he hoped the process would begin today.

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