Tag: elections commission

New PIC and EC members appointed by president

President Abdulla Yameen has today appointed Amjad Musthafa to the Elections Commission (EC), and Adam Saeed Moosa to the Police Integrity Commission (PIC).

The nominees were both approved by the Peoples Majlis last week, with Amjad’s appointment filling one of the two EC seats left vacant after the Supreme Court stripped former EC President Fuwad Thowfeek and Vice President Ahmed Fayaz Hassan of their membership in March.

The five year terms of two current commissioners – Mohamed Farooq and Ali Mohamed Manik – were scheduled to end today, meaning the EC does not currently have the constitutionally mandated quorum of three.

Moosa’s appointment to the PIC brings it up to the maximum of five appointees.

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Majlis approves nominees to Police Integrity Commission, Elections Commission

The People’s Majlis today approved President Abdulla Yameen’s nominees to fill vacancies in the Police Integrity Commission (PIC) and the Elections Commission (EC).

Following evaluation by the independent institutions committee, MPs approved Adam Saeed Moosa to the PIC with 62 votes in favour, two votes against, and two abstentions.

Saeed was a senior official at the PIC. Following approval of his nomination, the president’s second nominee – Fathmath Minhath – was not put to a vote.

Meanwhile, of three nominees to fill two seats on the EC, parliament only approved Amjad Musthafa, from Gaaf Alif Maamendhoo Alivilaage, with 63 votes in favour, one against, and five abstentions.

Former EC Secretary General Asim Abdul Sattar received 23 votes in favour and 47 against while Aishath Hafeez received 22 votes in favour and 47 against.

The committee, however, had awarded Asim the highest marks with 91.4 points following its evaluation.

The five year terms of two current commissioners – Mohamed Farooq and Ali Mohamed Manik – are due to end on November 24.

Amjad’s appointment would still leave three vacancies on the five-member commission. Former EC Chair Fuwad Thowfeek and Deputy Chair Ahmed Fayaz were stripped of their seats by the Supreme Court in March this year.

Parliament subsequently approved Ismail Habeeb to the EC to replace a commissioner who resigned due to poor health – ensuring a three-member quorum for the parliamentary polls to be held as scheduled on March 22.

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MDP submits 12,000 membership forms

The Maldivian Democratic Party (MDP) submitted 12,000 membership forms yesterday to the Elections Commission (EC).

MDP Chairperson Ali Waheed told the press that the main opposition party’s membership would rise to over 50,000 once the new membership forms are processed.

The MDP is currently the largest political party in Maldives with 40,940 registered members.

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Majlis session cancelled due to no work, EC nominees to be considered

Tomorrow’s sitting of the People’s Majlis has been cancelled as no tasks are currently pending for the full house.

Deputy Speaker ‘Reeko’ Moosa Manik is reported to have urged Majlis committees to expedite their work. Today’s sitting was just the second since MPs returned from recess at the start of the week.

During today’s session the names of two nominees to the vacant seats on the Elections Commission (EC) were sent to the independent institutions committee for consideration.

Asim Abdul Sattar and Aishath Hatheef have been nominated to the five member commission by President Abdulla Yameen.

The commission was reduced to 4 members after the resignation of Ibrahim ‘Ogaru’ Waheed on health grounds last year, before President Fuwad Thowfeek and Vice President Ahmed Fayaz were removed by the Supreme Court in March.

Ismail Habeeb Abdul Raheem was subsequently approved by the Majlis in order to fulfil the EC’s required quorum of three members.

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UPR report shared with judiciary before submission, says HRCM at Supreme Court trial

The Human Rights Commission of Maldives (HRCM) shared its Universal Period Review (UPR) report with the Department of Judicial Administration (DJA) and sought feedback ahead of submission to the UN Human Rights Council, the commission’s lawyer told the Supreme Court today.

The DJA – which functions under the direct supervision of the Supreme Court – did not respond to the request for commentary on the report or object to its content, the lawyer noted at the first hearing of the trial.

All five HRCM members are on trial after the apex court initiated suo moto proceedings in relation to the UPR report, which suggested that the Supreme Court’s control over the judiciary was undermining powers of lower courts.

At the beginning of the hearing, Chief Justice Ahmed Faiz Hussain reportedly said that the HRCM’s report contained false and misleading information concerning procedural matters of the judiciary.

The suo moto proceedings – which allows the court to act as both prosecution and judge – were initiated to hold the commission’s members accountable under Article 141 of the Constitution, Article 9 of the Judicature Act, and Supreme Court regulations, the chief justice said.

Article 141(b) states, “The Supreme Court shall be the highest authority for the administration of justice in the Maldives.”

Article 141(c) states, “No officials performing public functions, or any other persons, shall interfere with and influence the functions of the courts,” while section (d) states, “Persons or bodies performing public functions, through legislative and other measures, must assist and protect the courts to ensure the independence, eminence, dignity, impartiality, accessibility and effectiveness of the courts.”

The commission’s attorney Maumoon Hameed explained that each UN member state was required to submit a report for the UPR.

The UPR is a state-driven process that reviews the human rights records of all 193 UN member states every four years, based on submissions by the government, the UN, NGOs and human rights commissions. The Maldives’ review is scheduled to take place in April or May 2015.

In a press release today, the HRCM said it submitted as evidence information regarding the UPR process as well as commentary received from various state institutions.

“At today’s hearing, the commission requested an opportunity to submit further information and evidence,” the press release stated.

“The Supreme Court adjourned today’s hearing. The commission has not yet been informed of a date for the next hearing.”

The next hearing has since been scheduled for 1:30pm on Sunday, September 28.

Noting that Supreme Court decisions could not be challenged as it was the highest court of appeal, Hameed had, however, asked for five working days to prepare a defence.

Control of judiciary

Less than two weeks before the parliamentary polls in March, the Supreme Court had charged Elections Commission Chair Fuwad Thowfeek and Deputy Chair Ahmed Fayaz with contempt of court and dismissed the pair under unprecedented suo moto proceedings.

Subsequent changes to contempt of court regulations made in June authorised courts to penalise individuals for any expression, action, gesture, or piece of writing “inside or outside a courtroom” that could be considered contempt of court.

Meanwhile, in a press statement yesterday, the opposition Maldivian Democratic Party noted that under Article 27 of the HRCM Act a case could only be filed against the commission regarding published reports following an inquiry which proves components of the report to have been false.

In its UPR report, the HRCM stated that the Supreme Court’s control of the judiciary was weakening judicial powers vested in lower courts.

“Supreme Court issued a circular ordering all state institutions not to communicate to individual courts regarding any information relating to the judiciary except through the Supreme Court. HRCM is facing difficulties in gathering information related to judiciary due to lack of cooperation,” the report stated.

Moreover, the report noted that “due to shortfalls in judicial system, functioning of the judiciary is often questionable on various grounds including independence, transparency, interference, influence, competency, consistency, and accessibility.”

Through a raft of regulations enacted in recent months, the Supreme Court has sought to consolidate control over administrative affairs of the judiciary.

In a comprehensive report on the Maldivian judiciary released in May 2013, United Nations Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, wrote that centralising administrative decisions in the hands of the Supreme Court “has undoubtedly contributed to the strong impression that lower courts are excluded from the administration of justice and decision-making processes.”

The Maldives representative to the UNHRC subsequently accused the special rapporteur of undermining the sovereignty of the country.

Criticism of the Supreme Court’s role in the electoral process by United Nations High Commissioner for Human Rights Navi Pillay last October was meanwhile described as “ill-informed” and “irresponsible” by former President Dr Mohamed Waheed.

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Elections Commission fines Jumhooree Party for ninth time

The Elections Commission (EC) has fined the Jumhooree Party (JP) for a ninth time over fraudulent membership forms.

The EC explained in a press release that the JP was fined MVR10,000 (US$649) after the commission discovered repeated fingerprints of 36 persons on 258 party membership forms.

The fine was levied under Article 48(a) of the Political Parties Act.

In March, the EC also fined the ruling Progressive Party of Maldives after it emerged that a membership form was submitted on behalf of a deceased individual.

In June 2013, the Anti-Corruption Commission discovered that two membership forms submitted by former President Dr Mohamed Waheed’s now-defunct Gaumee Ihthihaad Party “were signed by persons who had passed away prior to the forms being sent to the EC.”

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Civil Court orders Elections Commission to release funds to IDP

The Civil Court has ordered the Elections Commission (EC) to issue funds from the state budget to the Islamic Democratic Party (IDP).

In a verdict delivered on Sunday (August 31), the Civil Court ordered the EC to hand over funds owed to the party from 2011 to 2013.

Judge Mariyam Nihayath ruled that the EC did not have the legal authority to withhold the money by setting conditions or criteria that were not specified in laws or regulations.

The EC had said at the trial that the funds were not released to the IDP as it had failed to pay fines and was not active as a political party.

In July, the EC reinstated eight small parties – including the IDP – dissolved for not having a minimum of 3,000 registered members.

Following the controversial dismissal of former EC Chair Fuwad Thowfeek and Deputy Chair Ahmed Fayaz for contempt of court, the EC sought the Supreme Court’s advice concerning a ruling that abolished a requirement in the Political Parties Act for a minimum of 10,000 members.

The apex court advised the EC to reinstate the dissolved parties, which are entitled to financial assistance from the state from funds allocated in the annual budget.

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Supreme Court guidelines should be incorporated in electoral laws, says attorney general

A 16-point guideline imposed by the Supreme Court on the Elections Commission (EC) in a controversial judgment annulling the first round of last year’s presidential election should be incorporated into electoral laws, Attorney General Mohamed Anil has said.

Local media has reported Anil as saying at a symposium on improving the electoral system held at Bandos Island Resort yesterday that amendments to election laws should be submitted to parliament.

The guidelines were issued by the apex court to strengthen the electoral framework and ensure that polls are free and fair, Anil said, suggesting that problems arose during the presidential election as a result of not amending laws in light of past experiences.

Among issues that needed to be addressed ahead of the next election cycle, said Anil, were problems with re-registration, assigning constituencies for citizens in the Malé municipality special registry, and strengthening the mechanism for addressing complaints.

Additionally, vote buying, bribery, and campaign finance reforms needed to be addressed, Anil said, adding that the percentage of women in elected public office could also be addressed through laws.

The three-day “Electoral Processes in the Maldives” symposium was organised jointly by the EC and the International Foundation for Electoral Systems (IFES), with funding from the United States Agency for International Development (USAID).

The EC explained in a joint press statement with IFES and USAID that “the symposium will provide a platform for stakeholders to present their views on key aspects of the electoral process, including legislative frameworks, operations, and inter-agency cooperation.”

“Participants will include the Elections Commission, Anti-Corruption Commission, Human Rights Commission of the Maldives, Attorney General’s Office, Prosecutor General’s Office, media organisations, political parties, civil society, and domestic and international observation organisations and experts.”

In January, a Commonwealth observer group recommended that the People’s Majlis examine the consistency and workability of the Supreme Court guidelines, suggesting that it “appeared to undermine the authority of the Election Commission, were inconsistent with or contrary to electoral law, and were at odds with the Constitution.”

While approval of voter lists was required by the apex court guideline, January’s local council elections went ahead despite only 147 out of 543 independent candidates signing the lists. The EC attempted to obtain signatures from some 2,463 candidates.

While the EC had also criticised the guidelines as “restrictions” that undermine its independence, UN Human Rights Commissioner Navi Pillay accused the court of “interfering excessively in the presidential elections, and in so doing is subverting the democratic process and violating the right of Maldivians to freely elect their representatives.”

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Supreme Court overturns High Court’s annulment of Kodey island council election

The Supreme Court yesterday overturned the High Court’s annulment of the island council election on the island of Kodey in Gaaf Alif atoll.

Following the local council elections in January, the High Court in February annulled the polls in Kodey and ordered a revote for the five-member island council.

The Elections Commission (EC) subsequently appealed the decision at the Supreme Court.

In its verdict (Dhivehi) – delivered more than six months after the council elections – the apex court, however, ordered a revote to be held among the two fifth-placed candidates and the sixth-placed candidate.

The fifth-placed candidates received 88 votes while the candidate in sixth place received 87 votes.

As the margin between the candidates for the last seat was just one vote, the High Court had annulled the election after it emerged that an elderly Kodey man residing in Dhandhoo had cast his ballot in the wrong box.

Earlier this month, the ruling Progressive Party of Maldives MP Jameel Usman – who represents the Kodey constituency – had expressed concern with the lack of an elected council in the island.

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