Global concern as Maldivian court suspends presidential election

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

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

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

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

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

India

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

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

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

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

Read the Indian statement

United Kingdom

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

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

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

Read the UK’s statement

Canada

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

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

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

Read the Canadian statement

United Nations

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

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

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

Read the UN statement

European Union

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

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

Read the EU’s statement

Australia

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

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

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

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

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

Read the Australian statement

United States

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

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

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

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

Read the US statement

Commonwealth

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

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

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

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

Read the Commonwealth statement

Maldivian government condemns “irresponsible statements”

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

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

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

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

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

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

Read President Waheed’s statement

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MDP to re-establish permanent protest site after “cynical attempt to delay election”

The MDP will set-up a permanent protest area in the Raalhugandu area of the capital Male’, following the Supreme Court’s decision to indefinitely postpone the second round of the country’s presidential elections.

“In compete defiance of the Constitution, this act by a discredited court is a betrayal of democracy and the will of the Maldivian people,” said party spokesman Hamid Abdul Ghafoor in a press release today.

“All local and international observers, including those from Transparency Maldives, the United Nations, the Commonwealth, and India praised the first round of elections as free and fair and without incident.

“This ruling is a cynical attempt by President Nasheed’s political opponents to delay an election they feared they were likely to lose.”

“The MDP reiterates the statement made by the UN Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Knaul, that ‘justice must not merely be done but must also be seen to be done and judges must not only be actually impartial they have to appear impartial to the public’.”

“We urgently appeal to our friends in the international community to use their good offices to ensure that elections can swiftly proceed in the Maldives,” the statement concluded.

Following the court’s decision on Monday evening, the party’s National Council resolved to protest continuously and peacefully until a date is given for the second round. The immediate scattered protests quickly tailed off as police were deployed to counter them.

“Maldivian norms are now changing. Tonight’s actions will be written in history as actions taken for that change,” Nasheed told the National Council.

MDP candidate Nasheed led the polls in the first round, with 45.45 percent of the vote, ostensibly setting up a second round run-off Progressive Party of Maldives (PPM) candidate Abdulla Yameen.

However, as yet unsubstantiated complaints from the third-placed Jumhooree Party (JP) – alleging voter fraud, have led the court to order a delay of the run-off until had has finished hearing the JP’s case.

Meanwhile, the MDP is currently protesting outside of the courtroom as the case continues today. The party intends to move into Raalhugandu – also known as the surf point – at 5:00pm today.

Back to ‘Justice Square’

“The people of the Maldives need a place to go and express their concern in a peaceful manner” said Aminath Shauna, the MDP’s Youth Wing leader.

“As President [Mohamed] Nasheed said yesterday, the job of the political parties is to facilitate peaceful political activity. We are making sure people have a place to express this in a peaceful manner.”

The MDP’s return to the area – previously dubbed ‘Justice Sqaure’ – will come 18 months after they were evicted from the site by security forces last year.

The party’s eviction immediately followed violent clashes with police as newly appointed President Dr Mohamed Waheed Hassan attempted to reopen the Majlis following the controversial resignation of former President Nasheed the previous month.

During the ensuing legal battle – during which the MDP claimed it had the right to protest in the area – state attorneys argued that the site had been used to conduct illegal activities, and that its occupants had been violent towards police.

Following the removal from Raalhugandu, the party leased the nearby Usfasgandu area of land from Male’ City Council, before Nasheed called upon the party to relocate to its numerous ‘jagahas’ (campaign centres) in preparation for the election.

Shauna today maintained that the party intended to continue pursuing non-violent forms of direct action.

“I don’t think people in the government will interfere with the MDP because the majority of the people have spoken.”

International reaction

The Supreme Court’s sudden decision to halt the election has jarred with the expectations of international parties, which unanimously labelled the first round of polls as fair and competitive and called for run-off to take place as scheduled on September 28.

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

“It is therefore deeply worrying to hear comments calling for the annulment of that election. No election anywhere is going to be absolutely perfect and there was no evidence or claim before the election that the voter register was manifestly so deficient as to so distort the outcome.

“I therefore hope very much that the Supreme Court will deliver its judgment expeditiously in the case pending before it so that the second round can be held, and the verdict of the Maldivian people determined, without further delay.

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

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‘Al Andalus’ speech did not violate broadcasting code of ethics: Broadcasting Commission

The Broadcasting Commission has ruled that the Maldives Broadcasting Corporation (MBC)’s televising of a sermon by Jamiyyathul Salaf preacher Sheikh Adam Shameem Ibrahim did not violate any regulations.

The MBC’s chairman Ibrahim Umar Manik along with members of the Broadcasting Commission were summoned before Parliament’s Independent Institutions Committee, following complaints by MPs of the Maldivian Democratic Party (MDP) that the sermon infringed the rights of the party’s presidential candidate.

“We definitely do not consider [televising the sermon] as anti-campaigning against a particular candidate using religion. [But] around 11:35pm, because his talk was changing a little, we stopped the live [broadcasting],” Manik told the committee.

In a brief statement the Broadcasting Commission declared today that the state broadcaster had not violated the broadcasting code of ethics by airing the sermon.

In the sermon, titled ‘Al Andalus’, Sheikh Shameem drew comparisons between the Maldives and factors he claimed led to the collapse of the medieval Islamic state that occupied much of Spain, Portugal, Andorra and southern France.

“In the struggle among political parties to come to power, we are seeing dangerous parallels with the real reasons why Andalus fell: seeking help from non-Muslim leaders, bringing in their power and companies to our country. It is not prohibited to have non-Muslim labourers, but if we let any non-Muslim entities exert their power, even in business, over Muslims in our land, that is the end of us,” Shameem said.

“Some people tell us that despite supporting a certain politician, their faith cannot be changed, although they say they know [the politician] does not believe in Allah. I am very happy that there are people with such strong faith among us. It is indeed an extraordinary man who can hold onto his faith while being with a kafir, an infidel who commits sinful acts and uses intoxicating substances.

“However, he used to say there will be no way any other religion can be practised here, but his tune has changed. Today he says that despite churches being built, his faith will personally not change. That people of other religions should also be able to live here freely and be granted rights as Islam is a peaceful, just and caring religion. This is very true, but what he wants is a horrible result. He wants to challenge Allah about the justice in our religion.

“This country will have a dark future if we allow the police and army to be exposed to the training sessions given by non-Muslims, outright kafirs, in the guise of professional development. The kafirs will then have an opportunity to make the police and army hate Islam,” he preached.

Read the translation of the sermon

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Scattered protests erupt in capital after MDP declares continuous protests against election postponement

Additional reporting by Zaheena Rasheed and Mariyath Mohamed

The Maldivian Democratic Party (MDP) has declared it will hold continuous protests after the Supreme Court’s sudden decision on Monday (September 23) evening to indefinitely postpone the second round of the presidential election.

The Supreme Court’s controversial injunction came just hours after parliament passed a resolution calling on all state institutions to ensure that the second round of the presidential election be held as scheduled.

Scattered protests involving hundreds of people erupted across the capital city of Male’ after the MDP’s National Council unanimously supported a motion calling for demonstrations until the Supreme Court allowed the elections to proceed.

During the meeting, MDP presidential candidate Mohamed Nasheed, who obtained 45.45 percent of the votes in the first round of polling on September 7, urged the Elections Commission (EC) to disregard the Supreme Court’s ruling in favour of parliament’s resolution and continue with election preparations.

“The Chief Justice has to find a solution. I call on the Chief Justice to uphold his duties,” Nasheed said, asking police to support the EC and the military “to keep us safe”.

Speaker of Parliament Abdulla Shahid confirmed to Minivan News that he was pepper sprayed by police while several MDP MPs, including Ali Azim and Mohamed ‘Bonda’ Rasheed, were reportedly taken away by police. Rasheed was reportedly released while Azim was taken into police custody.

Police Spokesperson Chief Inspector Hassan Haneef could not confirm the number of arrests, whether pepper spray was used, or provide further details at time of press.

Maldives National Defence Force (MNDF) spokesperson Colonel Abdul Raheem confirmed to Minivan News that military personnel had been deployed around the military’s headquarters following the Supreme Court’s election injunction, in line with “standard procedure”.

Demonstrators initially tried to enter Republic Square before being pushed back by a dozen police and being barricaded near Fareedhee Magu. Minivan News observed a small number of police equipped with riot gear on standby nearby.

A group protesters were observed hanging a large pair of white underpants on a police barricade, a reference to recently-leaked videos of Supreme Court judge Ali Hameed apparently fornicating with unidentified foreign women in a Colombo hotel room.

“This is not acceptable. The people’s voice cannot be blatantly rejected by four disgraced judges,” said 33 year-old Ahmed Thahseen, a demonstrator near Fareedhee Magu.

“I’m not going home until the Supreme Court gives a ruling and lets people have the due election,” 23 year-old protester Aishath Shaffa told Minivan News.

“Let’s see how that disgrace of a politican Gasim runs his businesses when the electorate goes on strike. The people are what matters. We are everything and the Supreme Court Needs to realise that,” said 52 year-old protester Fathimath Shareefa.

“The Supreme Court order is an absolutely unacceptable act. After all the work we have done, the protests, the campaigns, we won’t watch it all go to waste,” said Ahmed ‘Gahaa’ Saeed, the MDP’s member on the Commission of National Inquiry (CONI), who joined the protesters.

“If you look at all the statements given at CONI which have since been leaked, you will see the injustice that people have faced. We are being pushed back to square one all over again and the people refuse to sit back and take it,” he added. “We are here filled with hope. There is another force and I believe truth will prevail.”

The controversial injunction

Jumhooree Party (JP) presidential candidate and resort tycoon, Gasim Ibrahim, initially filed a case in the Supreme Court seeking annulment of the election results after he narrowly missed a place in the run-off with 24.07 percent of the vote, declaring at a rally that “God Willing, Gasim will be President on November 11″.

The case was intervened by the Progressive Party of the Maldives (PPM) and Attorney General Azima Shukoor, both of which sided against the Elections Commission.

The EC has defended itself arguing that not only had the JP had failed to substantiate or give the specifics of any evidence of fraudulent voting submitted against it, but even if this evidence were to be proven beyond reasonable doubt it was still insufficient to affect the outcome of the first round of election results.

The commission also pointed to unanimous positive assessments of the first round polls by local and international election observers, including the Commonwealth, US, UN, and Transparency Maldives.

In response President Mohamed Waheed’s government called on international groups to “help, not hinder the state institutions in exercising their constitutional duties”, while JP running mate and lawyer Dr Hassan Saeed declared in court that election observers “do not carry much weight”.

Monday evening’s sudden injunction stated that it had been discussed by all judges on the seven member bench, before being signed by Justice Abdulla Saeed, Justice Ali Hameed Mohamed, Justice Adam Mohamed Abdulla, and Justice Dr Abdulla Didi.

“Based on Article 144 (b), we order the Elections Commission and other relevant state institutions to delay the second round of the presidential election scheduled for 28 September 2013 until the Supreme Court issues a verdict in this case,” read the Supreme Court order.

Lawyer for the Elections Commission, former Attorney General Husnu al Suood, tweeted that the interim order by the Supreme Court “has no legal basis, and violates the constitution.”

MDP lawyer Hissan Hussein also said the Supreme Court’s order was unconstitutional, stating that the article 144 (b) it had invoked concerned the Supreme Court’s capacity to delay lower court verdicts, not elections.

Meanwhile, article 111(a) of the constitution stipulates “that a President shall be elected by over fifty percent of the votes. If no candidate obtains such majority, a run-off election must be held within twenty one days after the first election.”

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Supreme Court issues injunction indefinitely delaying election run-off

The Maldives Supreme Court has issued an injunction delaying the second round of the presidential election until it has finished looking into alleged discrepancies in the first round.

The second round had been scheduled for this coming Saturday – September 28.

“Based on Article 144 (b), we order the Elections Commission and other relevant state institutions to delay the second round of the presidential election scheduled for 28 September 2013 until the Supreme Court issues a verdict in this case,” read the Supreme Court injunction.

The ruling was discussed by all judges on the seven member bench, before being signed by Justice Abdulla Saeed, Justice Ali Hameed Mohamed, Justice Adam Mohamed Abdulla, and Justice Dr Abdulla Didi.

The decision came today just hours after Maldivian Democratic Party (MDP) members held a demonstration outside the Supreme Court, brandishing stills from one of the numerous sex-tapes allegedly involving Justice Hameed.

The MDP – the party with the most votes in the first round, with 45.45 percent – reconvened the People’s Majlis in order to push for the reconstitution of the Supreme Court bench.

“We will not allow a courthouse that consists of some disgraced judges who face allegations of lewd conduct to abrogate the will of the people and disrupt the constitution,” the MDP said in a statement last week.

Despite chaotic scenes inside the Majlis yesterday, the party was able to push through a motion today calling for the second round to go ahead as scheduled.

MDP MP Hamid Abdul Ghafoor has said he was not surprised by the decision.

“The Supreme Court has gone against all common sense, international opinion and the majority of the country without any evidence to do so,” he said.

Ghafoor added that any indefinite postponement of the second round vote was unrealistic, while claiming the decision had been made by the court without any real evidence to support its decision.

The MDP said it was too early for the party to announce how it would seek to move forward on the basis of the court’s verdict today, though he said it would “likely involve direct action.”

A meeting of the party’s National Council has been announced for 10:30pm at Male’ City Hall.

Constitutional?

The court accepted the case six days ago, after the Jumhooree Party (JP) – which placed third in the first round – filed a case to annul the vote, alleging multiple discrepancies and fraud.

In a week’s worth of hearings, the complainant has still to produce concrete evidence, with the Election Commission’s lawyer – former Attorney General – Husnu Al Suood likening the case to a “fishing expedition”, alleging the JP was hoping to file another lawsuit based on any evidence collected from the current case.

The JP has rejected any assumption that an indefinite postponement to the country’s election may lead to political instability in the nation.

JP Deputy Leader Dr Ibrahim Didi said that ensuring a free and fair election was ultimately the most important factor in assuring stability within the Maldives and a “sustainable democracy” going forward.

“Political stability depends on political leaders’ actions, reactions and their party’s activities,” he said.

Progressive Party of Maldives (PPM) presidential candidate Abdulla Yameen, who was set to stand against MDP candidate Mohamed Nasheed in the run-off vote, told Minivan News there was “nothing unconstitutional” with the court verdict.

“The Elections Commission got the opportunity to argue out their case and establish the credibility of the process,” he told Minivan News.

Yameen, who came second in the first round vote with 25 percent, said the country “should elect” a president soon.

“There’s time for that.  In [the presidential election of] 2008, voting was held on October 28,” he said, arguing that a postponement would not lead to any form of political instability.

Article 144 (b) of the constitution, titled ‘powers in constitutional matters’ states that, when deciding a constitutional matter within its jurisdiction, a court may make any order that is “just and equitable”, including:

“An order suspending the declaration of invalidity (of a statute, regulation or action due to inconsistency with the Constitution) for any period and on any conditions, to allow the competent authority to correct the defect.”

Elections Commissioner Fuwad Thowfeek previously told Minivan News that the constitutional timetable for the transfer of power could not be met should the run-off be delayed.

“120 days before the end of the current president’s term a presidential election must be held. If there is no election then the [democratic] constitution, presidential and general election law will not be satisfied,” he said.

Despite the vehement criticism from sections of the media, civil society and the JP, the conduct and capability of the EC has been universally lauded by international observers.

After Commonwealth Special Envoy, Sir Donald McKinnon, this weekend joined in calls for the September 28 run-off to go ahead as schedule, the Maldives Foreign Office warned international observers to “help, not hinder” the state’s institutions.

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Parliament resolution to ‘ensure election’ passed with show of hands, amid protest by pro-government MPs

A resolution submitted by the Maldivian Democratic Party (MDP) calling on all state institutions to ensure that the second round of the presidential election is held as scheduled was passed at an extraordinary session of parliament today, amid disorderly protests by MPs of the government-aligned Progressive Party of Maldives (PPM) and Jumhooree Party (JP).

The resolution was read out by MDP MP Ali Waheed over loud protests and whistle and horn-blowing by pro-government MPs. The special sitting – held during the ongoing recess upon request of 29 MPs – was adjourned shortly thereafter by Speaker Abdulla Shahid due to disorder in the chamber caused by PPM and JP MPs gathered in front of his desk.

When the sitting resumed at 1:00pm to vote on the resolution, PPM and JP MPs were occupying the Speaker’s chair as well as the secretariat desk. The vote was called by Speaker Shahid – surrounded by security guards – standing in front of the chamber well and passed with a show of hands.

According to MP Ali Waheed, the resolution was passed with 37 votes in favour. The MPs occupying the Speaker’s space and secretariat desk appeared not to participate in the vote.


Following the adjournment of the sitting this morning, MDP MPs alleged on social media that MP Ahmed Amir – a member of the Maldives Development Alliance (MDA), which is currently backing PPM presidential candidate MP Abdulla Yameen – poured water on and damaged the parliament sound system.

The MDP resolution adopted by parliament today meanwhile states that the second round run-off scheduled for September 28 should “not be delayed for any reason” and called for all state institutions to cooperate with the Elections Commission (EC) in adherence with constitutionally-stipulated deadlines for the presidential election.

Moreover, the resolution stated that the parliament’s security services or ‘241’ committee would oversee the actions of the police and military with regard to the second round of the presidential election to be held next Saturday.

The resolution was passed while a Supreme Court case initiated by the JP seeking the annulment of the September 7 election is ongoing, with the fifth hearing taking place today.

Chaos in the chamber

Today’s sitting took place after two previous attempts yesterday was disrupted by PPM and JP MPs who blew on whistles and a vuvuzela and gathered in front of the Speaker’s desk.

Yesterday’s sitting in the morning was adjourned after Speaker Shahid’s microphone was vandalised during the disruption.

The sitting resumed at 9:00pm but could not proceed due to similar disorder caused by PPM and JP MPs protesting in front of the Speaker’s desk.

Videos meanwhile emerged on social media showing PPM MP Abdul Raheem Abdulla using obscene language against Speaker Shahid and insulting his mother during the morning session.

Following the cancellation of the 9:00pm session, the MDP-aligned Raajje TV showed video of JP MP Ilham Ahmed, also the party’s deputy leader, take out what appeared to be pliers from his pocket and cut a cable.

Local media reported that PPM MP Abdul Raheem Abdulla and JP MP Shifaq Mufeed were injured in scuffles that broke out between pro-government and MDP MPs at last night’s sitting. The former was reportedly treated at ADK hospital last night.

Despite their apparent injuries both MPs were seen actively protesting at this morning’s session.

Speaking at a press conference last night, PPM vice presidential candidate Dr Mohamed Jameel Ahmed contended that the MDP was attempting to “cover up irregularities of the first round” of the presidential election on through the parliament.

PPM MP Abdul Azeez Jamal Abubakur told press outside parliament today that the party believed MDP’s resolution was unlawful as it involved an ongoing court case, and suggested that the Supreme Court would rule that it was unconstitutional.

Both Dr Jameel and MP Abdul Azeez alleged that the first round of the polls was rigged in the MDP’s favour, claiming that the 95,224 votes (45.45 percent) its candidate former President Mohamed Nasheed received included fraudulent votes.

Meanwhile, in a letter to MPs published on the parliament website following the incidents last night, Speaker Shahid wrote that yesterday’s attempts to proceed with the sitting were unsuccessful due to “numerous acts in violation of the People’s Majlis’ regulations.”

“In particular, the sitting could not proceed because [computer] systems, cameras and cables in the Majlis chamber were damaged with sharp objects on a number of occasions,” the Speaker’s letter stated, expressing concern with the actions of MPs.

The Speaker added that “assault, damaging Majlis property, and intimidating Majlis staff” was “unacceptable” conduct as the parliament was an institution where disputes should be peacefully resolved through discussion and dialogue.

Meanwhile, a car in the garage of Speaker Shahid’s residence was set on fire in the early hours of Monday morning. Local media reported that the car belonged to Shahid’s brother.

Shahid told newspaper Haveeru that CCTV footage showed a man with his face covered pour petrol and set the car alight, describing it as “an act of intimidation” intended to incite political unrest.

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Week in review: September 13-21

Following a full week of hearings into the Jumhooree Party’s election complaints, the High Court granted the party’s request to view the offending register – under supervision- though the party is still seeking greater access in order to prove its claims regarding fraudulent voters. Meanwhile, the Supreme Court accepted to hear the JP’s case seeking to annul the first round altogether.

After hearing the claims of former Attorney General – and vice-presidential candidate – Dr Hassan Saeed, which included deceased, repeated, and fake voters, the court ordered that the Elections Commission (EC) hand over the voter registry for inspection. Repeated calls to respect the outcome of the election from across the international community failed to impress Dr Saeed.

Maintaining that all allegations are without merit, the EC continued to prepare for the upcoming second round – scheduled for September 28 – officially announcing the first round results despite the JP’s attempts to delay.

The barrage of criticism, particularly from Gasim’s own Villa Television (VTV), led the EC to warn the Majlis that national security could be damaged by “unfounded claims of corruption”.

The national broadcasting commission began looking into VTV’s reporting of unsubstantiated content this week, whilst the police finished looking into the content of the EC’s rubbish, finding no incriminating documents.

Further protests against the EC have been promised by religious civil society groups. The conservative Jamiyathuh Salaf group singled out the Maldivian Democratic Party (MDP) for criticism in a nationally televised sermon that resulted in broadcasting commission being called before the Majlis once more.

The police appeared to have been drawn into the dispute as an alleged police intelligence document emerged on social media, alleging “some opportunity for fraud” and “illegal voting”. The report was quickly disowned by the police and condemned by the MDP, who also called the Majlis to reconvene tomorrow (September 22) in order to stop “undue influence of political parties in the judiciary”.

Elsewhere in the country, the police in Addu City searched a number of homes as part of their election security operation, whilst fears over black magic persisted in Guraidhoo – the local council refusing use of the school for polling.

President Dr Mohamed Waheed’s Gaumee Ittihad Party (GIP) followed its former coalition partner – the Dhivehi Rayyithunge Party (DRP) in choosing a candidate to back in the endangered run-off. Waheed’s party chose to support the Progressive Party of Maldives’ candidate in round two, whilst the DRP leaders were paraded before MDP supporters following last week’s decision to lend support to former President Mohamed Nasheed in the race – a decision that resulted in the sacking of DRP minister Ali Shareef.

Nasheed visited the house of JP leader Gasim on Thursday though the JP insisted no decisions on future alliances would be made before the courts have finished their work. When addressing a youth forum earlier in the week, Nasheed had expressed confidence that Maldivian democracy could withstand a handful of coups and rigged elections.

Disabled Maldivians demonstrated this week against the impending closure of the country’s only school catering to those with special needs, whilst the pervasiveness of politics was revealed as deaf interpreter Shaheez Abdulla gave an account of his recent stabbing.

The ongoing case of former Civil Service Commission Chair saw his access to the commission as well as his salary revoked after Mohamed Fahmy Hassan had continued to come into his former workplace.

Finally, details were revealed of the government’s cancellation payments to forensic accountants Grant Thornton as well as the circumstances of Swedish nationa Filip Eugen Petre’s flight from the country following his acquittal of charges relating to the deaths of a British couple in 2011.

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International observers should “help, not hinder” state institutions: Foreign Ministry

President Mohamed Waheed’s government has called on international groups to “help, not hinder the state institutions in exercising their constitutional duties”.

The Foreign Ministry’s statement follows unanimous confidence from international election observers in the credibility of the first round of polling, and calls for the losing parties to accept defeat and allow the second round to proceed as scheduled on September 28.

Presidential candidate Gasim Ibrahim, who narrowly missed a place in the run-off with 24.07 percent of the vote, is pursuing a Supreme Court case to have the results annulled, alleging electoral impropriety. The Progressive Party of the Maldives (PPM) and Attorney General Azima Shukoor have intervened in the case against the Elections Commission.

The Elections Commission has challenged the veracity of the evidence and argued that even were it factual, it was not sufficient to alter the outcome of the first round.

“The Maldives, as a young democracy, continues to face a number of challenges in its journey towards consolidating democracy and strengthening its independent institutions. For this journey to continue the constitutional framework set up in the Maldives through a democratic process should be respected and the authority of the independent institutions should be upheld,” read the statement from the Ministry of Foreign Affairs.

“Elections are the primary means of democratic participation and it is an inalienable right of each individual. Similarly, attempts to resolve questions relating to the electoral process through democratic means, is also part of democracy. These fundamental principles of democracy and the rule of law should be accepted by all concerned,” the statement read.

“It has to be recalled that while the local and international observers and monitors did a commendable job in observing the elections, it is the State institutions that are constitutionally mandated to address any question related to the elections and electoral process. The Government, therefore, wishes to call on anyone interested in promoting democracy in the Maldives to help, not hinder, the State institutions in exercising their constitutional duties,” it added.

“Live up to your responsibilities”: UN Secretary General

UN Secretary General Ban Ki-moon has urged political leaders in the Maldives “to live up to their responsibilities, respect the democratic process, and continue to allow for a peaceful, inclusive and credible vote to take place in the second round.”

Ki-moon “stresses the utmost importance of the will of the Maldivian people being respected throughout the process”, and noted that the conduct of the first round had been “widely recognised as a success by international and domestic election observers.”

European Union: “Respect the electoral process”

The European Union delegation to the Maldives has encouraged “all parties to respect the electoral process” and stated that it “looks forward to the second round on 28 September and a peaceful transition.”

“It is essential to ensure that the outcome of these elections fully respects the wishes of all Maldivians and that the Maldives’ democratic institutions are safeguarded, in order to enable its government to confront the political, institutional, economic, social and environmental challenges the country faces,” the EU stated.

UK Foreign Office: “Crucial that all parties respect the outcome”

Noting that all election observers both international and local and judged the election to be transparent and competitive, “carried out peacefully and in good spirit”, UK Foreign Office Minister Alistair Burt has called on all presidential candidates “to respect the result of elections and the will of the people of Maldives.”

“The Commonwealth Observation Mission’s interim statement noted that the voting register ‘appeared to be accurate and robust’, and that party and candidate observers were present in all of the polling stations they had observed,” Burt observed.

“Ahead of the second round of elections planned for 28 September, we encourage all Presidential candidates to respect the result of elections and the will of the people of Maldives, work side by side for a peaceful transition and encourage calm amongst their supporters,” he said.

“We hope that the second round of elections will be held as scheduled, and conducted in a similar free, fair and peaceful manner. It is crucial that all parties respect the outcome of this free and fair democratic process and make progress in further strengthening democratic institutions in the Maldives.”

“There are always losers in every election”: Commonwealth Special Envoy

One of the strongest statements was issued on Thursday by Commonwealth Special Envoy to the Maldives Sir Donald McKinnon, who was appointed to monitor the Maldives following 7 February 2012’s controversial transfer of power.

“This election marks a renewal of the country’s democratic credentials, with an 88 percent voter turnout. This displays a determination to get the country back on to a sound democratic foundation,” McKinnon said.

International opinion was “firmly behind” the second round of elections proceeding as planned on September 28, he said, noting that “There are always losers in every election everywhere, but the winners here must be the people of Maldives. The results of their votes must be paramount to the process and the result.”

Transparency Maldives: “Don’t undermine results without credible evidence”

Locally-based NGO Transparency Maldives has also called on parties to the presidential election not to undermine the credibility of the results without evidence.

Transparency deployed the single largest team of election observers with 400 monitors across the country.

“In view of the cases submitted and allegations made at the High Court and Supreme Court of the Maldives regarding systematic vote rigging, Transparency Maldives notes that it did not find any evidence that support allegations of systematic election day fraud during the nationwide observation,” Transparency stated.

Transparency Maldives appeals to all actors and institutions to refrain from undermining the integrity of and confidence in the election day processes without credible evidence of fraud.

US State Department: “Respect the democratic process”

The United States issued a statement last week calling for all political parties to “respect the democratic process and continue to allow for a free, fair and peaceful vote to take place.”

“The first round of the Maldivian presidential elections on September 7 was widely hailed as a success and represented a victory for the democratic process in Maldives. The Commonwealth, United Nations, and local Maldivian observers joined the United States in congratulating the Maldivian people and the Election Commission for this successful process,” said Deputy Spokesperson for the US State Department Marie Harf.

“We encourage all parties and all presidential candidates to respect the results and work together for a peaceful transition for the benefit of the Maldivian people,” she added.

Statements by election observers “do not carry much weight”: JP’s lawyer Dr Hassan Saeed

Gasim’s running mate and – lawyer leading the party’s bid to annul the first round or delay the second – has meanwhile declared in court that the positive assessments of the poll by local and international election observers “do not carry much weight”.

“Yes, I even agree that the voting process went very smoothly. But those foreign observers don’t know the depth of the issues. Their words do not carry much weight,” Dr Saeed, a former Attorney General, told the Supreme Court during the second hearing last week.

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Comment: Plan B

This article first appeared on Dhivehi Sitee. Republished with permission.

On 19 September 2003 Evan Naseem, an inmate in Maafushi jail was brutally beaten and murdered by police, sparking off pro-democracy protests which ultimately led to the end of Maumoon Abdul Gayoom’s authoritarian regime.

Now, a decade later, the Supreme Court is expected to reach a verdict on whether or not to annul the votes cast in the presidential election held on September 7, the second democratic election ever to be held in the Maldives. A Supreme Court ruling that orders a revote would amount to a court order for an authoritarian reversal – there would be no second round on September 28, or on any other day in the near future.

Tragic as it is, this seems to be the most likely outcome of the hearings, for this road to the Supreme Court is where this election was always going to lead – it was planned this way. No matter what the election results were — if they put Mohamed Nasheed in the lead, the ultimate decision of who wins would be made by the judiciary, the most corrupt and dysfunctional of the three separated powers.

The judiciary is the biggest blunder of the Maldivian democracy. Nowhere near enough effort was made to free it from authoritarian clutches during the two and a half years of democratic governance.

First came the dismissal of Article 285 as ‘symbolic’, leaving all corrupt and unqualified judges on the bench in direct violation of the new Constitution; then the silent coup in the Supreme Court, followed by continuous violations of the Constitution and rule of law by the Judicial Service Commission (JSC), none of which were dealt with adequately.

It was the corruption in the judiciary that contributed most to the events of February 7. The decision taken by the executive and the security forces to arrest the most subversive of judges – Abdulla Mohamed – was the weapon which authoritarians used most effectively to incite agitation and anger against Nasheed’s government, sustaining nightly protests until the police joined the street protesters and, together with those pulling their strings, presented Nasheed with the choice: resign or die.

Of course, the post-coup government took absolutely no action to reform the judiciary. To even expect them to do so would be the height of delusion. In the turbulent aftermath of the coup, former JSC member Aishath Velezinee who had attempted to thwart every one of JSC’s violations of the law, put it all together in book form; and several international experts brought out report after report with recommendations on how to reform the judiciary – to no avail. Most disappointingly, MDP, despite the bitter lessons of the past, took no concrete action either.

By July this year, judicial corruption had got to the stage where a judge could continue to sit on the Supreme Court bench despite being caught on camera having sex with three prostitutes in a Colombo hotel room. This man, Ali Hameed, will be one of seven men who will today decide whether or not our votes count.

That this is where it will all come to was becoming clear in the lead up to the election when Gayoom’s Progressive Party of Maldives (PPM) began making noises about going to the courts if there were discrepancies in the vote count.

While MDP and Mohamed Nasheed never stopped campaigning since the CoNI report in August 2012, which – with the blessing of the international community – legitimised the coup, PPM candidate Yameen hardly ever left the comfort of his own house to meet with the people whose votes he supposedly needed to be elected as president.

Ever since the election in which the Maldivian people resoundingly endorsed Mohamed Nasheed and said an equally loud ‘No’ to Mohamed Waheed Hassan Manik – the large façade that helped block from view the dirtiness of the coup – the entire country has been plunged into manufactured ‘uncertainty’ over the results.

First Gasim Ibrahim of Jumhooree Party went into hysterics, maintaining that he was the winner ‘if you minus the 90,000 votes’ that Nasheed received. Backing him are the same dark forces working in the name of religion that so cleverly contributed to the coup. Adhaalath Party’s Sheikh Imran Abdulla, Islamic MinisterShaheem Ali Saeed, Sheikh Ilyas Abdulla, and lately Salaf Jamiyya’s star preacher Sheikh Adam Shameem, have all come out to call for an uprising against ‘the Godless Nasheed’ in the name of Islam.

The idea is to provoke, provoke, and provoke MDP supporters and other democracy activists to come out on the streets in protest so that the security forces can crack down on them, creating an environment in which holding elections become ‘unsafe’. So far, the MDP has been able to keep calm and continue with their campaigning for the second round, deliberately ignoring the relentless smear campaign against Nasheed and the daily negative campaigning, even the ridiculous black magic and sorcery antics. But for how long?

In parallel with all this has been the forward march towards the courts. Gasim Ibrahim led it, but who is pushing him? In the beginning, it seemed to me almost certain that Gasim and Yameen were in on this together. They cooked up a plan to run for presidency so they can split the votes and then later form an ‘everyone but Nasheed’ coalition that would defeat him in the second round. But, information from a reliable source negated this theory. One individual who left Gasim’s JP shortly after the election to join the MDP relayed this story:

“Former military man Mohamed Fayaz [or F.A, as he is commonly known], one of the main coup-enablers who put his support behind Gasim, advised him to join Yameen following the election results. What else was there for Gasim to do?

Gasim responded with unbridled anger, swore at FA, and told him: ‘I would rather walk into the sea with my wives and children than join Yameen.’”

Gasim is absolutely convinced he should have won. It is clear from the speech he made on September 9 in which he kept talking of his belief that he should have got 70,000 votes, not 50,000. Many have pointed out that Gasim is looking at the election as a business transaction. He poured in enough money to buy 70,000 votes, so he expects to get them. Gasim is, after all, the biggest tycoon in town.

Helping Gasim remain committed to the delusion is running mate Dr Hassan Saeed, once Nasheed’s advisor, then Waheed’s. He respected neither. Shortly after the coup, he was secretly recorded describing Waheed as the weakest politician in the Maldives. Now he’s behind Gasim, advocating in court on his behalf to annul the first round of September 7, not because he believes in Gasim’s ability to be President, but because it will prevent Nasheed from returning to power – Hassan Saeed’s (and a fair few coup leaders’) reason for being.

Gayoom and Yameen, ever the political vultures, have swooped in on the carcass of Gasim’s dreams, seeing it as the opportunity they have been waiting for, if not working behind the scenes to create. They have brought out to advocate on their behalf one of their big guns – Attorney General Azima Shakoor, the woman of void ab initio fame who annulled the largest foreign investment agreement in the history of the Maldives with the stroke of a pen and absolutely zero respect for national or international law.

Without so much as asking the Elections Commission about the alleged discrepancies in the vote registry, she was busy all day Wednesday arguing against the institution. As is habitual for PPM and other coup-makers, she cited the Constitution to justify her presence – Article 133 allows the Attorney General to enter into any case if it involves the interests of the people and/or State.

Problem is, she is not advocating on behalf of the people or the state but for Gayoom, her master since childhood. PPM and JP are taking strength from each other. The courts (including the High Court) have asked for evidence of discrepancies to back their claims, which neither party have been able to provide so far. Yesterday Dr Saeed argued that such evidence is unnecessary; given that the Attorney General – the Attorney General! -has stated that there are discrepancies.

What evidence does the court need when it has the AG’s word? It matters not that she has been lying through her teeth, saying that the National Registration, too, has filed several complaints against the voter registry at the Elections Commission when the registry has done no such thing.

Elements of the police, most likely the very same ones that enabled the coup on February 7, are in on it, of course. As the court asks for evidence, they are busy manufacturing it. Operation Blue Wave – the ominous strategy of providing ‘special training’ to hundreds of policemen and women and stationing them across the country to prepare for ‘inevitable discrepancies’ – is now bearing fruit. Despite the confirmation from over a thousand domestic and foreign observers that it was a free and fair election with a bare minimum of errors and absolutely no room for vote stuffing, the police are finding fresh ‘rigging’ attempts on a daily basis.

Despite renewed appeals from both local and foreign actors to respect election results, circulating on the social media today is also a ‘leaked’, ‘secret’ report of eight pages that count thousands of instances of alleged vote fraud. What this forgery resembles most is the similarly constructed CoNI report of August 2012. But, of course, there will be many hundreds who will believe it. Just as there are thousands who still believe the CoNI report.

To spur on the radical elements within the security forces, leaders of the ‘Godless Nasheed’ anti-campaign, the ‘rent-a-sheikhs’, have been targeting the police and military in their hate-mongering. Not satisfied with mentioning them in every public lecture as custodians of Maldivian nationalism and Islam, Sheikh Adam Shameem addressed them in two special lectures intended especially for them yesterday and early this morning.

Shameem’s hate-filled public lecture – broadcast on state TV and repeated on the private channels owned by coup-makers – was frightening, arguing against democracy, especially multi-party democracy, as a Western evil imported to destroy Maldivian faith in Islam. If this is what he said publicly, one can only imagine what he told the security forces in their barracks.

What the plan seems to be right now is this: the Supreme Court is to rule today that there must be a revote, which means that there will be no second round on September 28, nor a President by November 11, as is stipulated in the Constitution. Already, Madam Void ab Initio has voided void itself, saying not having a president would not leave a power vacuum.

If this Plan B  is implemented, it is inevitable that the electorate, 88 percent of whom turned out to vote on September 7, will feel dejected, disheartened, and angry. Chief among them will be the 95,000 people who voted for Nasheed and against the coup and the authoritarian reversal. They will pour out onto the streets, just like the thousands who did on the streets of Male’ on February 8. If this happens, the final phase of Plan B will be implemented: rogue elements within the security forces led by coup-makers will crackdown on them brutally, violently, and without conscience. And with their batons and their bullets, they will try to kill all hopes of restoring democracy in the Maldives in any foreseeable future.

But, as Mohamed Nasheed said earlier this week, it is unlikely that Maldivians will let democracy die, having fought so long  and come this far.

“People might try to rig two or three elections. [They] might try to arrest some people. And there might even be three or four coup d’etats. But, overall, I don’t see this curve slumping too much.”

The fight in which most of the country joined in 10 years ago from today is set to continue, for as long as it takes.

Dr Azra Naseem has a PhD in international relations

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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