Comment: Democracy derailed

This is a brief sketch of how over a period of 10 years, one set of background assumptions has been replaced by that of another.

How that of system building & primacy of democracy has been replaced by seizure of power by any means necessary and scorched earth tactics, regardless of impact on democratic institutions.

How reverence for democracy has been replaced by deceptive cynicism and manipulation.

How an old idea about an objectified, malleable subject has returned with a vengeance in a new form to replace active, vigilant, citizenry.

These combine together to create two different sets of values that are in conflict for supremacy. There are many different versions of this story. This is the version I find most compelling and convincing.

At times these sets have been shared across the political spectrum by various degrees, but as I write, the contrast could not be any sharper. A few days ago, a JP coalition partner speaking at the H.Kunooz podium hailed the Supreme Court’s decision to suspend elections, until they complete their inquiry into the process, as progress for democracy.

If we take this event as an isolated instance, it may seem to an outside observer that we should not be worried about a fair judicial inquiry in to the process. This was perhaps the United States’ stance, when it declared that all should respect the “judicial process”.

But we cannot isolate that instance from everything else that has happened, and is happening. It is hard to accept for us that Supreme Court has accepted a case with outrageous and ridiculous claims in good faith. The Supreme Court is not a wholly independent institution. It too has a history, a memory, and power relations, that it cannot extricate itself from. The same goes for every other democratic institution in the country.

We must also learn to recognise the fundamental shifts that have taken place – of behaviours, attitudes and values, driven by ideology – to a position where previous agents of democracy now wish to dismantle the entire framework. We must understand how things came to be. I write this because there are choices to be made, choices that will shape our future to come.

The last decade

Our story begins 10 years ago on a sunny September day like this, when we struck by the news of murder and killing in Maafushi Prison installation. The shock was followed by rioting and civil unrest in Male, as disenfranchised citizens took to the streets to torch & burn. In retrospect, this may be hard to understand, but if you were there, born in that system, felt the weight of oppression, of a present without a future, of walled enclosed horizons, it was hardly a matter of choice. This was perhaps not the beginning of voices calling for democracy, but provided the impetus for action, and represents a turning point in our history.

That September day led to the formation of the Maldivian Democratic Party (MDP) in Sri Lanka, and their campaign to bring democracy to the Maldives. By June of 2004, just seven months into the MDP’s campaign, President Gayoom had shuffled his cabinet, brought in some fresh blood – known then as New Maldives (Hassan Saeed, Jameel and Ahmed Shaheed) – and then went on TV to give a very brief statement. He claimed “… [I] too were a reformer”, followed by a list of things he wished to change.

What followed was a long drawn-out process. Under constant pressure from the MDP, Gayoom conceded on a number of issues and new democratic spaces opened — a Special Constitutional Majlis was assembled for drafting a new constitution, political parties were allowed to operate, and for the first time in our history a free press was allowed.

This process of democratization has been described, following Huntington, as “transplacement” – a process of negotiation between actors in the establishment and those challenging that establishment. But for our purposes, I think it is important to understand the motivations and specific strategies employed by Gayoom’s regime to ward off the MDP’s threat of destabilizing the autocratic regime.

Gayoom bolstered the police with a new division called Special Operations to counter the threat of street protests. For the Majlis and Special Majlis, he had the advantage of using his network of loyalists across the atolls to elect the candidates he wanted. All in all, his overall strategy was to absorb demands made by citizens, make cosmetic changes and render them passive long enough for him to survive – known in Gramscian terms as “transformism”. Interestingly, the group called New Maldives would move on to other activities that would closely resemble Gramscian tactics, like recruiting intellectuals to their cohort.

Gayoom campaign poster from 2008 / image from flickr — sujaa

The motivations for the Gayoom programme seem to have been to make as minimal changes as necessary, survive as long as possible, re-invent his image as father of democracy, and win the presidential slot. Underlying these is a fundamental shift in behaviour and attitude towards politics. Whereas pre-2003 Gayoom did not need to reinforce and bolster his democratic credentials (brute force did the work of convincing), now he had to refer back to democratic values and associate himself with it, however minimal his interpretation of democracy was.

Prior to 2003, his ideological platform was built on a strong cohesive, homogeneous version of religious nationalism – of harmony and unity – which left little room for diversity of opinion. Now he had to concede that freedom of speech was fundamental to the creation of a modern state.

In effect, Gayoom was responding to a set of assumptions he had — that Maldivians wanted a democratic state, that democratic values were on the ascendancy and gaining primacy, and that his autocratic regime was no longer sustainable in its current form because his ideological notions of nation and religion (Islamo-Nationalism hinged on his version of modernist Islam) were losing ground. Democracy and its related set of values were values he had to respond to, even if he had not assimilated them.

Adhaalath party officials / image from times.mv

Meanwhile, the MDP’s camp attracted a diverse range of actors with disparate backgrounds — victims of the autocratic regime, the disenfranchised, the educated middle-class, etc. All perhaps, bound through by one nodal point – one basic idea — that Maldives needed democratization , and that was the discursive centre around which much of debates happened. There certainly were differences within MDP and it’s associates, but that basic idea remained primal.

This back and forth between MDP and the autocratic regime opened up the space for other actors in the Maldives as well. Among these were Salafists and similar groups, which had long been victims of Gayoom’s oppression. The opening of participatory politics, paved the way for Islamist parties, with the formation of Adhaalath party.

Though Islamist groups appreciated their new-found freedoms, some radicals remained skeptical of democracy itself, which they take to be an unsustainable ‘Western’ product that needs to be dislodged and replaced as soon as possible. These radical Islamists believed, and continue to believe, that there is no inherent value to sustaining a democracy – it’s value is only as a means for a theocracy to come.

Dr. Mauroof with George Galloway / image from twitter

There is always a danger in speaking of Islamist groups as one monolithic bloc that we stereotype and associate with anti-democratic radicalism and extremism. This would be fundamentally wrong. Even among the Salafists and Islamists there remain quite a large number of people who see an inherent value in democracy, and democratic values like freedom of press and speech.

This could hardly be true for Adhaalath, and its ideologists. Between 2003 and 2008 – on websites like Dharuma, and Noorul-Islam – Adhalaath’s main proponents continued to bash democratic values, human rights, and what they saw as ‘westernization’. This was at a time when Adhaalath remained quite marginal politically. Their numbers hardly registered in elections. But since they comprised of all the educated elite within the Islamist discourse, they had direct impact on public opinion on Islamic issues. Adhaalath combined this with the ideological notion they popularized, that Islamic matters must be addressed only by Islamic scholars – giving them a small but significant foothold from which to shape politics.

Yet, in Adhaalath’s strategy there was a momentary dialectic tension — even as they bashed democratic values and human rights, they were tacitly affirming democracy in their practice, by giving sermons and speeches, by forming associations, by forming parties, by holding debates, and opinion forming councils. More explicitly, they were embracing a limited form of democracy – a polyarchy within themselves where the educated elite or sheikhs were freely forming opinions , and debating and dispersing those opinions, which could be described in Islamic terms as shura. This was hardly possible before, under Maumoon’s brutal regime. There were perverse limitations to this opinion forming process, of course, but that is another article altogether.

“Wathan Edhey Gothah” Coalition from 2008 / image from flick — firax

In addition, Adhaalath’s position was conflated with struggles over identity (“West vs. us”, “true Muslim”, “modernity vs. a return”, etc) and struggles between Islamic discourses. What this means is that, at any given moment, they must factor in multiple variables in their calculation, of which being democratic or not, is just one variable. Hence Adhaalath’s position is not simply reducible to the binary, anti-democratic vs. pro-democratic.

In the second round of the 2008 presidential elections, Adhaalath joined up with the MDP as did Hassan Saeed, Ibra, and Gasim. The MDP won the elections and Mohamed Nasheed took over as president in a smooth transition of power. This was the first free and fair elections to take place in the Maldives, and an important step forward for democratic consolidation.

Even though the MDP, the main proponent of democracy, had just 25% of the popular vote in this first round, this show of solidarity by the various parties, with different ideologies against the autocratic regime, was important ideologically for democracy itself.

Progress stalled

In the ensuing years much of the debate would be framed through the language of liberal democracy, debates centered on the issue of whether that certain problem was of nature democratic, constitutional, corruption, etc. In the background, democratic ideology had been asserted as primal — that which shapes values, behaviours and attitudes.

Chief Supreme Court Justice Faiz / image from Raajje News

Meanwhile, other institutions of democracy were making progress. There were multiple free newspapers, magazines, TV channels, radio stations, civil society groups were forming, independent commissions were formed, and most importantly a free and fair election had been completed. Yet, within three short years there would be a dramatic reversal.

Gayoom left behind a vast network of loyalists that still paid him tutelary respect within the government machinery, police and military. In addition, the Dhivehi Rayyithunge Party (DRP) – Gayoom’s party – and it’s allies would make inroads by taking the majority in the Majlis elections which was to affect the composition of the Supreme Court, where the majority is held by old Gayoom loyalists. In effect, Gayoom still cast a vast grey shadow over Maldives, and had indirect control over institutions.

Civil Service protest / image from Minivan News

Nasheed’s reform efforts were hampered from the very outset due to the worsening global economic crisis in 2008/2009. Tourist inflows slowed, and the government was left holding a huge deficit. At the recommendation of the IMF, Nasheed would initiate plans to reduce and control civil service costs — his first run-in with a major Gayoom clientele.

Nearly 40% of all employment in the Maldives is created within the civil service, and it’s rumoured that no government has ever been able to gauge its true finances. Because of this large bureaucracy, some have described Maldives’ situation as a Rentier State.

A Rentier State is a state with a large source of revenue from natural resources, such that it is not dependent on tax from its citizens. The corollary to that is the government uses this inflow to create a dependent bureaucracy for employment, and a large military to pacify its citizens. Thus the theory says, because the government does not tax its citizens, citizens cannot make direct demands from the government, and in case they do, the government will use the huge military to silence their voices. This amounts to a very persuasive explanation of the long and stable thirty year dictatorship of Gayoom.

Following the economic crisis, attempts to change the civil service salary structure would backfire as the civil service association took the government to court. The economic crisis also affected small businesses, civil society, and the free press, and as media sources dwindled, the gap would be filled by media funded by resort owning oligarchs, primarily Haveeru, Sun, DhiTV, DhiFM & VTV.

Dollar transaction / image by @subcorpus

These resort-funded media outlets, and Gayoom’s political parties, worked hand-in hand and together would leverage the disaffection during the dollar crisis to form a bulwark against Nasheed & the MDP. Working with the media, using the Majlis and the Supreme Court as instruments, Gayoom’s loyalists would manufacture issue after issue, to which the MDP could not adequately respond. We can recall here a number of issues like the introduction of GST, Aasandha, and many others. In the worsening crisis – economic and political – the MDP lost crucial voting blocs, most significantly in Male’ (as has been evident in the first round of 2013 Presidential elections).

It’s important to note the transitions in background values, behaviours and attitude that occur at this point with the consolidation of media sources funded heavily by the resort owning oligarchs, and in the way these media were used, between 2009/2010.

DhiTV screenshot showing EC members, with their heads upside down / image from twitter @mideyalvarez

With the twilight of Gayoom’s oppressive era circa 2003, a number of media outlets came into being. What these new sources brought was the idea of an active citizen, who would inform themselves of issues, join debates, and challenge the status quo. The background idea was of liberation from chains, awakening from darkness, and activity against passivity, apathy and lethargy. The idea hinged on the potential capacity of these citizens to free themselves, to know right from wrong and decide for themselves.

What the resort owning oligarchs brought back circa 2009/2010 was the idea of a top down bullhorn – a blunt object to manipulate an objectified, malleable, subject, but with a slight twist that was different from Gayoom’s. The notion was that listeners or viewers had no independent capacity to form opinions of their own, and would be receptive to the way media primes and conditions them with their language. They were careful to use the language of democracy, to manipulate conditions in favour of the resort owning oligarchs.

In this way they would demand action against Nasheed’s administration. In other words, they were mobilising crowds to protect the status quo that benefits the resort owning oligarchs. They would manufacture crises in order to claim that such and such were “unconstitutional”, against “free speech”, etc. Unlike Gayoom, they were no longer demanding passivity, but using liberation language to undermine democratic institutions. They were undermining democratic institutions, but were using the language of democracy. It was blatantly cynical and manipulative.

Sheikh Imran / image from Haveeru

Democratic reversal

The next turning point in our story would come late in 2011, with Adhaalath leaving Nasheed’s administration, joining the opposition and the formation of the 23 December Ithihaad. This turn brought with it a whole new language, and would fundamentally change and eject the primacy of democratic ideology. The battle ground would shift from a terrain where “democracy was the only game in town” to one where democracy itself had to battle an anti-democratic Islamo-Nationalism.

The new Islamo-Nationalism that was emerging was nothing similar to the old Islamo-Nationalism of Gayoom. One has to make the distinction here, that this ideology that was emerging was quite different from all the things that had inspired it. It was in a sense determined by a number of movements, histories and trends, and situated firmly within the particularities of our politics. Adhaalath brought with it the language of globalist Salafism, and political Islam. Yet, what they preached on the podiums had little to do with Salafism – it was addressing a Maldivian subject, within the confines of a Maldivian history, promoting a particularly Maldivian political project — that of challenging Nasheed.

Gayoom’s progeny, Progressive Party of Maldives (PPM) & DRP, brought with it the memory of a stable thirty years, and used the language of nationalism — sovereignty, independence, militarism, harmony, unity, etc. The 23rd December Ithihaad that emerged used our collective memory and fears, promoting xenophobia and isolationism. The movement was in continuity with a certain history, also a discontinuity, and a break from our past.

Police and military inside the state broadcaster compound posing for a picture on 7th February 2012 / Image source unknown

The December 23rd Itihaad’s anti-democratic turn would come after the 7th February 2012’s coup d’état. Up until then, they were still using the language of constitutionalism, democracy and so on. But after the coup, not having much to rely on after pulling off an anti-democratic coup, and firmly challenged by the MDP, they would drop all pretense of being democratic, and rely solely on Islamo-Nationalism — that language of sovereignty, unity, harmony, Islamic identity, etc. They must  have realized that it was a losing battle, and needed to alter the board itself, to survive. What we are left with is a severe reversal of the democratic project.

After the coup, Hassan Saeed was caught on tape saying that this was a “unique coup”. But there is nothing unique about the reversal of fortune for democracy in the Maldives, and it follows quite closely with cases studied in democracy consolidation literature. According to scholars who have studied democratic consolidation, where democratic transition takes place not through direct replacement, but in a negotiated transfer of power, old regimes continue to hold vested interests in state institutions and perverse informal institutions, as a guarantee against persecution. At times these old dictators have used these institutions to upend the democratic project. This is exactly the case in Maldives, where Nasheed was given a poisoned chalice.

Presidential Candidate Mohamed Nasheed speaking after runoff elections were halted by Supreme Court / image from flickr @dyingregime

In this post-election debacle today, what we are witnessing is an attempt by the members of the 23rd December Ithihaad at a systematic destruction of the last standing democratic institution — the electoral system.

The election was monitored by international bodies, the counting was done in front of party representatives. There are no significant issues with the voter’s registry. Yet, the counting was followed by VTV’s campaign to create doubt about the election results, as these media funded by resort owning oligarchs have done similarly in the past. The Supreme Court, infiltrated by Gayoom’s loyalists, has intervened and is deliberately delaying the runoff election. Adhaalath is using its ideological tools to campaign against Nasheed and Elections Commission. How this is a religious message is beyond me. The police and military are being deployed to pacify those demanding for an immediate runoff election.

The conclusion writes itself. We demand our right to vote!

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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Elections are about belief, rather than law: Judge Johann Kriegler

Additional reporting by Leah Malone

“Ultimately, the test of an election is if it’s accepted by the people,” international judicial expert, and advisor to the Maldives Election Commission (EC), Johann Kriegler said in a public lecture yesterday (September 26).

“Elections are not about mathematics, elections are not about law. Elections are about people, about perceptions, about beliefs,” said the former judge of the Constitutional Court of South Africa, who has been working as part of the UNDP’s team in Male’.

Judge Kriegler concluded his lecture, titled ‘Elections: Beauty or Beast?’, by stating that the trust of the electorate is the most important factor in running an election.

Judge Kriegler was reluctant to comment specifically on the current situation in the Maldives, where the Supreme Court and the Elections Commission (EC) have this week been locked in a consitutional battle over whether to proceed with the second round of voting.

The Jumhooree Party (JP), has been pursuing legal action to annul the poll, citing as-yet unsubstantiated claims of systemic failure on behalf of the EC.

The poll has been universally praised as being free and fair by all international observers present during the first round, as well as local NGOs and the Human Rights Commission.

Kriegler chose instead to recount some of his previous experiences in handling elections across the world – most notably in Kenya, 2007.

Following the disastrous fallout from the presidential elections that year, thousands were killed in inter-tribal violence. Judge Kriegler formed part of the post-election dispute resolution team.

The lecture included the specifics of the electoral problems, including the failings of the Election Management Body (EMB) in Kenya at the time, the Elections Commission of Kenya.

Commenting on the quality of the electoral register in Kenya during these elections, Judge Kriegler noted that it was found to be only around 70 percent accurate.

“In my experience, this was good enough,” said the judge.

Maldives election “as good as I’ve ever seen”

During a question and answer session after the lecture, Judge Kriegler was asked if he could comment on the competency of the Maldives EC.

Reasserting his reluctance to comment on ongoing matters, Kriegler stated simply that this was “as good an election as I have seen.”

“Do you want me to say more?”

When looking into discrepancies in the voting process in Kenya, Kriegler noted that a rational excuse was behind most problems, upsetting the conspiracy theorists.

More important, he argued, was the work of political and civil society groups who had been working to delegitimise the EMB for months prior to the election.

“It was a significant factor in what went wrong there.”

Remarking on the changes made between Kenya’s 2007 and 2013 elections, he noted that trust had been the key improvement.

“Kenyan elections were not particularly good this last time round, but the new EMB is trusted, number one. Number two, the judges were trusted,they fired the old lot – lock, stock, and barrel. They said you can re-apply for your job – excellent idea…The result was that…the last election was accepted by the electorate.”

Finally, Judge Kriegler compared his own country’s “messy” 1994 general election with that of Mexico’s “technically perfect” poll in the same year.

Whilst the apartheid ending vote was a success, Mexico’s election ended in months of rioting, he said.

“In South Africa, the poor, incompetent but honest elections were accepted because the people believed in it.  The people believed in it because the electoral management bodies had the support of the political parties,” Kriegler continued.

“The political parties boosted this little body that had no track record and no experience and had an impossible job. But we did the job together – that’s why it worked.”

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Nasheed appeals to Chief Justice and generals to ensure run-off proceeds as scheduled

Ousted president and Maldivian Democratic Party (MDP) presidential candidate Mohamed Nasheed has appealed to Chief Justice Ahmed Faiz and military generals to ensure run-off polls take place as scheduled on Saturday.

Four of seven Supreme Court judges signed an order on Monday ordering the Elections Commission (EC) to delay the second round of elections, in an ongoing case filed by the third-placed Jumhooree Party (JP) to annul the vote.

Nasheed emerged the front-runner with 45.45 percent of the vote (95,224 votes), followed by Progressive Party of Maldives (PPM) candidate Abdulla Yameen who received 25.35 percent (53,099 votes).

Speaking to thousands on supporters at Raalhugandu in Male’ on Wednesday night, Nasheed condemned Faiz’s complicity in Justice Ali Hameed’s continued presence on the Supreme Court bench despite the leak of three sex videos which appear to show Hameed fornicating with three foreign women in a Colombo hotel room.

“In my opinion, it is the Chief Justice who must take responsibility for all that is happening now. Faiz. The Chief Justice should not have to hold court with lewd judges who have lost integrity. Our laws, holy Islamic principles and our norms do not allow for that. When I appointed him as the Chief Justice, I did not believe he would do such wrong,” Nasheed said.

“The Chief Justice, with Ali Hameed there [at court], should not have to decide on 95,000 peoples, or even two million people’s votes. I call on the Chief Justice tonight, repeatedly, do not do this. With Ali Hameed there, do not decide the future of the Maldives,” he continued.

Nasheed then appealed to the military generals’ sense of decency, asking, “Where are the professional colonels and generals? Where is your shame? Where is your smallest amount of loyalty to the Maldivian citizens? Evil wins in this world when good people fail to take action,” he said.

“We will not see you as professional, as honorable, even with all of your medals if you let Maldives adrift. I implore General Nilam, and General Shamal to stop taking part in these shameful activities, to come out and save the Maldives. If you have any loyalty, an atom’s worth of love for your country, you soldiers, you judges will not allow our country to go down this path,” Nasheed said.

The Elections Commission has maintained JP’s allegations to be baseless, and even if proven true, would not affect the first round outcome. Further, holding an election after September 28 will be “logistically near-impossible,” Vice President Ahmed Fayaz has said.

The international community has also expressed alarm over the sudden suspension and stressed the importance of run-off polls to proceed as planned.

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EC continues run-off preparations, stresses supremacy of constitution

The Elections Commission (EC) has said it will continue with preparations for the second round of presidential elections – scheduled for September 28 – and has stressed the supremacy of the constitution following conflicting orders by the Majlis and Supreme Court on a polling date.

The Majlis passed a resolution yesterday during a heated session, ordering the Elections Commission to proceed with polls as planned, as the Jumhooree Party (JP) seeks to annul the vote at the Supreme Court.

The apex court at 9:00 pm last night issued an order indefinitely postponing the run-off until it issues a verdict.

“We have not stopped any of our preparations,” President of the Elections Commissioner Fuwad Thowfeek told the press today. He then held up the constitution, saying “The main document we must follow is the constitution. The Constitution along with the election laws and regulations states how and when to hold elections.”

Vice President Ahmed Fayaz declined to comment on which order the EC would follow, saying the commission was in discussions with the Supreme Court, Majlis, and the President’s Office on a polling date.

Fayaz also stressed the supremacy of the constitution saying, “The Supreme Court, the presidency, Majlis, state institutions – all exist through the constitution and therefore cannot act against the constitution.”

“We may receive an order to proceed with polls, we cannot throw up our hands and go to sleep. We have to be ready at any point,” Fayaz added.

Fayaz pointed to a Supreme Court ruling at 8:00 pm on February 4, 2011, in which it had ordered the EC to proceed with local council elections in Addu City the next day. At the time, the Civil Court had ordered the EC to halt polls over a dispute to provide city status to Addu Atoll.

Delaying polls would be “logistically near-impossible,” Fayaz said. Polling booths are set up in school buildings throughout the country, he explained, but schools would not be available for polling between October 5 and late November as secondary school students sit for the GCSE O’Level exams.

The court ruling to delay polls was signed by four of the seven Supreme Court Judges – Justice Abdulla Saeed, Justice Ali Hameed, 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,” the injunction read.

The EC maintains that the JP’s allegations of electoral fraud are unsubstantiated and, even if proven, would still be insufficient to affect the outcome of the first round election results.

Meanwhile, the Maldivian Democratic Party (MDP) – whose candidate Mohamed Nasheed polled first on September 7 – have taken to the streets in protest, having previously made clear that it would not allow a Supreme Court bench “consisting of disgraced judges accused of lewd conduct” to “abrogate the will of the people.”

Supreme Court Judge Ali Hameed has been implicated in a series of sex videos, but the judicial oversight body Judicial Services Commission (JSC) decided not to suspend the judge – against the advice of  a subcommittee it set up to investigate the matter.

The JP’s presidential candidate Gasim Ibrahim was a member of the JSC at the time of this decision.

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EC providing 473 ballot boxes for 239,868 eligible voters during presidential election runoff

The Elections Commission (EC) has announced 275 new eligible voters will be added to the registry and 4 additional ballot boxes will be needed for the presidential election’s second round runoff scheduled for Saturday (September 28), reports local media.

The addition of newly turned 18 year-old voters and the subtraction of individuals who the EC has confirmed recently died has brought the total number of registered voters nationwide to 239,868.

Additionally, three ballot boxes will be placed on resort islands in the Maldives, while a ballot box will also be stationed in Medina, near Riyadh in Saudi Arabia for Maldivian Hajj pilgrims, EC Secretary General Asim Abdul Sattar told local media. However, a ballot box will not be available on Lily Beach Resort, as it was during the first round of polling.

Thus, ballot boxes stationed in the Maldives and in various locations worldwide will total 473.

During the presidential election’s first round, held on September 7, 470 ballot boxes were needed to accommodate 239,593 eligible voters. Ultimately voter turnout totalled 88.44 percent, with 211,890 people having cast ballots.

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Elections Commission asks Adhaalath Party VP to explain “irreligious” allegations against Nasheed

Adhaalath Party Vice President Dr Mauroof Hassan has said the Elections Commission Complaints Bureau has sent him a second request asking him explain his justifications for calling Maldivian Democratic Party (MDP) presidential candidate and former President Mohamed Nasheed ‘ladhini’ (irreligious).

Mauroof said that although the EC had asked him to provide a response before 12:00pm Sunday (September 22), he had not yet sent a reply.

“I am currently working on drafting a response and will send it in when I am able to complete it,” he told Minivan News, adding he could not say how long this might take.

Mauroof said the letter had been sent regarding a complaint received by the EC Complaint Bureau concerning remarks he had made against Nasheed at a Jumhooree Coalition rally on September 10.

The AP Vice President has told local media that regardless of how much he and his words were investigated, he will not stop referring to Nasheed as an “irreligious man”.

He further alleged that Nasheed was to be called ‘ladhini’ alleging he was harassing the religion of Islam, disregarding of religious matters and attempting to the role of Islam by separating state and religion.

Mauroof alleged that the independence of the EC could now be questioned as a result of its decision to look into the matter of Nasheed being called ‘ladhini’.

He further alleged that the MDP had on February 8, 2012, set ablaze many state institutions in various parts of the country and committed a multitude of other illegal acts, adding that he is “astounded by the EC’s complete silence” regarding these actions.

He expressed deep concerns, alleging that based on the EC’s actions, he currently sees it as a commission filled with members who are actually activists associated with MDP.

“Adhaalath does not understand democracy”: MDP MP Hamid

Speaking about the matter, MDP MP and Spokesperson Hamid Abdul Ghafoor described the AP Vice President’s words as “nothing but meaningless rhetoric”.

“The Adhaalath Party has never managed to get elected to the parliament or councils or such post. Their political failures are a result of their lack of understanding of how democracy works. They simply are unable to comprehend it,” he stated.

“Their description of EC as an MDP campaign office further displays their ignorance on how independent commissions work. The EC will look into any acts which are unconstitutional and against the election related laws and regulations. This is why they are looking into this specific case too.”

Elections Commission President Fuwad Thaufeeq and Vice President Ahmed Fayaz were not responding to calls at the time of press.

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Supreme Court orders Elections Commission to hand over original voter list for “purpose of judges”

The Supreme Court has ordered the Elections Commission (EC) to hand over the original voter lists of all ballot boxes placed during the recent first round of Presidential Elections held on September 7.

A Supreme Court battle between the EC and Jumhooree Party (JP) ensued this week after the latter announced its decision to dismiss the outcome of the presidential poll after narrowly missing out a place in the run-off election with 24.07 percent of the vote. The party accused the EC of electoral discrepancies and irregularities that altered the results of the poll to the JP’s disadvantage.

During the third day of continuous proceedings of the case held today (September 19), the Supreme Court ordered the EC to hand over the voter lists – which had been used by the election officials at polling stations to check off the names of voters who had cast their ballot – claiming the list was required “for the purpose of the presiding judges”.

Today’s proceedings began with the seven-member judges panel giving the JP the opportunity to question the members of the EC.

Elections Commission Members Ibrahim ‘Ogaru’ Waheed, Ali Mohamed Manik and commission Chair Fuwad Thowfeek were present at the hearing along with the commission’s legal team, led by veteran lawyer and former Attorney General Husnu Al Suood.

The JP’s legal team led by running mate of JP’s Presidential Candidate Gasim Ibrahim, Dr Hassan Saeed, posed questions to EC Chair Thowfeek regarding the party’s allegations that included: possibilities of double voting, registration of people on Male Municipality Register – a special registry of people residing in the capital without owning homes – without permit, underage voters and allegations of expatriates voting in the poll.

Saeed – who is himself a former Attorney General – also posed questions regarding the security features included in the ballot paper, the failure of the EC’s Ballot Progress Reporting system (BPRS) – a web based application that tallied the number of voters who had cast their vote or were in the queue to vote – and whether Indian IT specialists who had been working in the commission had a role in developing BPRS and whether it was possible that soft copies of ballot papers were leaked.

Responding to Saeed’s questions, EC Chair Thowfeek said the commission had only registered people in Male Municipality’s Register to the current addresses they were living with the intent to allow them easy access to polling. Thowfeek maintained that it was not permanent and was only for purpose of presidential polls.

Thowfeek also said that it was near-impossible for anyone to cast a vote twice since the commission had a strong mechanism to check for double voting that included use of indelible ink, checks for fake National ID cards and verification of electoral lists in cases of repeated entries.

He also said that allegations of votes cast under the names of underage and deceased people during the polls – levied by both the JP and the Attorney General Azima Shukoor – were unfounded because the EC had verified the voter list with the database of Department of National Registration (DNR).

Thowfeek also said that in a bid to further verify the issue of deceased people the commission had cross-checked the voter list against registries of people who passed away collected from local councils as well as the burial house located in Male’ Cemetery.

He also said the commission had not come across cases of expatriates voting in the election, but did tell the court that former head of DNR Ahmed Firaaq had told him that the DNR under its current management had “accidentally” issued a Maldivian national ID card to a Bangladeshi expatriate, who was later caught while attempting to obtain a Maldivian passport.

Explaining the reason behind BPRS system not working as expected, Thowfeek said that failed internet connections on some islands were the major reason for its under-performance. He also confirmed to the court that the BPRS was not built by the Indian IT experts nor did they have any role in the preparations of the presidential polls.

In response to the doubts cast by Saeed on security features of the ballot papers, Thowfeek responded stating that the commission had added three security features to the ballot paper that included: a watermark seal at the back of the ballot paper, a security code that shows different codes if viewed from each side and another security code that can only be seen through a special light.

He added that the commission had tested the ballot paper prior to the commencement of polling while maintaining that the security of the ballot papers had been intact from day one.

“I am extremely confident that no one, no one can come out and show an original ballot paper. It is impossible for anyone to come up with an original ballot paper to prove that it went out of our hands,” Thowfeek told the court.

After Thowfeek’s answers, Saeed told the court that despite today being the third hearing of the case, the EC had refused to give them the original voter list.

Saeed noted that it was the EC and the DNR that had the pivotal information that the party sought to verify the claims, and unless both agencies begin cooperating with them, their claims would remain unclarified, undermining the rights of 50,000 people who had voted for the JP’s candidate.

“When I first began practicing law in 1997, I often come across people who claim they had been tortured while in custody. They would say, look my arm was broken and it had not still recovered. But whenever they went to court, the judge would demand evidence. But all they had to say is it was the police and had nothing prove their claim. Today, the JP is in such a circumstance,” Saeed told the court.

Saeed claimed that last Wednesday night he had seen a video of an expatriate lady confessing that she had voted in the presidential polls and the video showed what he claimed was an indelible ink mark on her finger.

“Honourable Chief Justice, we are talking about an expatriate gaining our citizenship. We are talking about a case where an expatriate practiced a constitutional right given to a Maldivian citizen. Tomorrow, that expatriate will get medical expenses covered under Aasandha. That expatriate can own Maldivian land [just like a Maldivian citizen],” Saeed said.

“When I called the police commissioner, he said he can only investigate after Elections Commission gives a heads up. I said I am hanging up the phone. I called the Prosecutor General. He said he couldn’t do much. Honourable Justice, this is the situation we are talking about,” Saeed added.

EC’s lawyer Suood responded to Saeed’s statement claiming that Saeed had finally confessed that their claims did not carry any weight.

Suood however reiterated that the EC were prepared to hand over the original voter list should the Supreme Court order to do so but raised concerns over the undermining of the privacy of the people in the list.

Suood repeated his argument that should the list be given to JP, it would undermine the privacy of the voters including their national ID Card numbers, their date of birth, whether they had voted or not and if they did vote, which ballot box had they voted.

While the hearing was about to conclude, several Supreme Court Judges including Judge Dr Ahmed Abdulla Didi, JSC Chair and Judge Adam Mohamed, Judge and former Chief Justice Abdulla Saeed, Judge Ali Hameed and Chief Justice Ahmed Faiz posed questions to Thowfeek, inquiring regarding the JP’s allegations and concerns.

Concluding the hearings, Chief Justice Faiz said that another hearing of the case would be scheduled, but did not specify a date.

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‘Leaked’ police intelligence report “baseless speculation”: MDP

The Maldivian Democratic Party (MDP) has slammed a leaked police intelligence report circulating on social media alleging election impropriety as “baseless speculation”.

The report (Dhivehi) alleged “some opportunity for fraud” and “illegal voting”, claiming 18,486 irregularities on the voter registry including 588 dead people, 1865 individuals without national identity cards, 39 underage cases and 10,023 address mismatches.

Police have declined to comment on the authenticity of the report, but said such a report could not have been leaked from their offices. Attorney General Azima Shakoor has used the report’s findings in an ongoing Supreme Court case filed by third place candidate Gasim Ibrahim to annul September’s presidential polls.

MDP spokesperson Imthiyaz ‘Inthi’ Fahmy claimed the report’s arguments were “baseless allegations, lies manufactured by senior policemen who overthrew the country’s first democratically elected government.”

President Mohamed Nasheed resigned publicly in February 2012 after sections of the police and military mutinied, took over state media, vandalised MDP offices and beat MDP supporters. Nasheed is now the front-runner in September’s presidential polls with 45.45 percent of the vote. Run-off elections are set for September 28.

International and domestic observers have praised a free and fair election process in the Maldives, and have called for a the second round of polling to proceed as planned.

“Every election will have small irregularities. But none of those highlighted will affect the outcome,” Imthiyaz noted.

Irregularities

The report compared the voter’s registry published on May 30, changes in voter registry on June 29, to the Department of National Registration’s database.

“It is not possible to say with certainty whether people acted on [irregularities] noted, unless we are able to check the list of voters used at voting booths,” the report noted. However, it contends “opportunity exists” for repeated voting, the dead and underage voting and usage of fake identity cards.

The report also raises questions over the high voter turnout, the Elections Commission’s database security, usage of counterfeit ballot papers, and presence of foreign staff at the EC on voting day.

“The election of 2008 was one in which many people desired change and voted. However, polls during this election show a high percentage of undecided voters. Even in the 2008’s runoff election when people wanted change, the turn out was 86 percent. That 88 percent people voted this time can be questioned,” the report read.

Police intelligence had alerted the commission on attempts to hack into its server, but no action had been taken, the report alleges. But, the police are “not certain if compromising information was leaked” but believe the server contained sensitive information.

The report recommends publication of the list of those who had voted on September 7, an audit of the EC’s servers, random sampling of ballot papers to check authenticity, increase in security features on the ballot papers, block foreign staff’s access to the EC on voting day and a recount.

“Based on the above, we believe there are things that may affect results of the election, and therefore believe a recount of votes may assuage doubts and decrease incidence of violence,” the report said.

The EC had previously acknowledged attacks on its server, but refuted claims of security breach and dismissed fears raised by the Jumhooree Party (JP) and Progressive Party of the Maldives (PPM)’s fears that foreign IT workers would be given access to electoral databases.

Ongoing court case

Jumhooree Party (JP) candidate Gasim Ibrahim is seeking to annul the results of the first round in the Supreme Court, after narrowly missing the run off with 24.07 percent of the vote.

The PPM has sided with the JP in court, while Attorney General Azima Shukoor has intervened on behalf of the government and called for police to investigate the EC.

The EC has so far disputed allegations of electoral impropriety, noting that allegations raised so far even if factual would have no material effect on the outcome of the first round, and pointed to unanimous endorsement of the election’s credibility by local and international observers.

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National Movement plans protests against Elections Commission

The youth wing of the self-titled ‘National Movement’ – comprised of several NGOs and the religious conservative Adhalaath Party (AP) – has called for protests against the Elections Commission (EC), alleging that the first round of the presidential election was rigged.

The group “harshly criticised” the EC, citing the “many irregularities” the Jumhooree Party (JP) has belaboured regarding the presidential election’s first round, according to local media accounts of Tuesday’s (September 17) press conference.

They also accused Parliament and independent institutions, such as the EC, of not providing enough support to address these alleged “irregularities”.

National Movement youth wing leader Sobah Rasheed accused authorities of rigging the presidential election’s first round, held on September 7, and declared the group’s intention to hold protests demanding reform of the EC and independent institutions in the Maldives.

“The Elections Commission must not hold the second round of the elections before the issues surrounding the first round of polls are properly addressed,” said Rasheed.

The ‘National Movement’ will “not go home until they receive answers” and will protest until “the outcome desired by the people is reached”, he vowed.

The ‘National Movement’ declared they are working to hold the people responsible for the polling “irregularities” accountable.

“The Maldives has long had a culture of [people] not having the courage to voice out the truths about vote rigging,” the group declared.

JP Event Coordinator and National Movement youth wing member Ahmed Ghaalib also spoke during the ‘National Movement’ youth wing press conference, and stressed that taking the initiative to protest was not directed by a political party – but all political parties are welcome to participate.

“The National Movement’s youth wing will be leading the entire movement’s protests,” Ghaalib told Minivan News yesterday.

He explained that the group had planned to start protesting Tuesday night, but decided to delay after the High Court issued its ruling.

“We are waiting on the Supreme Court ruling – until the court says [the EC is] right or wrong. We will fully respect and obey court rulings,” said Ghaalib.

“We are not going to disturb, just raise our voices and share some information with the international media,” he added.

Ghaalib explained the main point of the protests is to highlight the EC’s “many flaws to help them improve”.

“We are working to build trust between the people and the [Elections] commission, not destroy them,” he said.

Ghaalib clarified that the entire EC is not the issue, but rather three individual commission members, the Chair Fuwad Thowfeek, Vice Chair Ahmed Fayaz, and Member Ali Mohamed Manik, who he personally believes have Maldivian Democratic Party (MDP) affiliations.

He believes protests alone will not build trust between the EC and Maldivian citizens, however National Movement members “raising their voices” will.

“Regarding the GMR issue, we worked very hard to do those things,” said Ghaalib. “This time everybody has decided to come out and raise their voices, we are ready to reform the Elections Commission.”

“The JP is not affiliated with the ‘National Movement’, however Ghaalib himself can go to whatever he likes in a personal capacity,” JP Spokesperson Moosa Rameez told Minivan News yesterday (September 18).

The ‘National Movement’ was born out of the unofficial December 23 coalition of eight political parties – now part of the coalition government of President Dr Mohamed Waheed – and an alliance of NGOs that rallied at a mass gathering to “defend Islam” in late 2011. The rally was held to oppose the allegedly liberal policies and “secularisation agenda” of former President Mohamed Nasheed.

Following the controversial transfer of presidential power on February 7, the “civil alliance” led a campaign dubbed “Maldivians’ Airport to Maldivians” calling on the government to terminate the concession agreement with Indian infrastructure giant GMR to manage and modernise Ibrahim Nasir International Airport (INIA).

Elections Commission

The EC has raised concerns that there may not be a suitable environment for the presidential election’s second round should Villa TV (VTV) – owned by JP leader Gasim Ibrahim – continue to deliberately spread false information and incite people to rise up against the commission.

The media has continued to disseminate unsubstantiated information about the commission, and threats have been directed at the EC’s chair, his family, and the vice chair, as well as EC official Ibrahim ‘Ogaru’ Waheed in the week-and-a-half since the presidential election’s first round.

The EC has emphatically dismissed allegations of vote rigging as “baseless and unfounded”, highlighting its transparency, its ongoing complaints investigations, and the praise from a broad spectrum of election observers who noted peaceful voting and the preparedness of the EC.

“With [election] officials from different sources [working] in front of [election] observers, there was no way the type of fraud [JP is alleging] could be made,” EC Chair Fuwad Thowfeek recently told Minivan News.

“In front of all those people – as well as election monitors and observers – there is no way anyone can do any sort of mischief,” he continued.

“Polling station officials were not all from the EC. We hired various officers from public sector organisations, as well as young people looking for work,” he noted.

“Every ballot box had a combination of all types of individuals, selected at random, and a balance was kept between females and males, young and old,” he explained. “Many met for the first time during training or [polling station] duty. All the people belonging to [and responsible for] each ballot box were not trained together [as a group].”

Thowfeek also addressed the voter registry concerns raised by the JP – and previously raised by the PPM prior to elections.

“The voter’s list was published two weeks before voting and the lists were [also] sent to all ballot box locations in addition to EC officials, presidential candidate representatives, observers from each political party,” said Thowfeek. “Anyone who has this [list] will know that they will not be able to show a single person who voted under a false name.”

He explained that the EC obtained the voter registration lists from island council offices as well as the Male’ municipality office. This data was compiled and the lists cross-checked with the Department of National Registration to verify its accuracy.

Thowfeek also emphasised that many individuals are not aware or are misunderstanding the Male’ Dhaftharu – a special registry for people who are Male’ residents, but are from other islands – registration process.

“In the past people were placed on the Dhaftharu with the municipal council [listed as their residence], but this time they put the places where they live,” said Thowfeek.

“They are Maldivian citizens [from the islands] residing in Male’ but they don’t have a permanent residence – they have the right to vote,” he declared.

Last week, the EC also announced that eight deceased individuals the JP had claimed to be on the electoral register had been found to be living.

The commission has determined that the eight people did cast ballots and has met five of them, EC Vice Chair Ahmed Fayaz told local media. The commission has received information that the other three individuals are also alive, though the EC has not yet been able to meet them.

Department of National Registration

Meanwhile, the Department of National Registration (DNR) has dismissed the possibility of individuals voting with forged national identity cards.

DNR Director General Fareeda Yoosuf has insisted there was no chance forged ID’s could be used to vote.

Each individual identity card is unique and does not change even when renewed and, even in cases where lost IDs are replaced, the same identity number is used, Yoosuf noted.

No complaints of forged identity cards have been received by the DNR so far, she noted.

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