Tag: elections commission

EC warns of potential two month delay for local council elections in Addu, pending court battle

President of the Elections Commission (EC) Fuad Thaufeeq has said that local council elections in Addu could be delayed by up to two months, with the EC forced to conduct voter registration again after President Mohamed Nasheed declared the atoll a city for the second time yesterday.

The Civil Court ruled on Sunday in favour of the minority opposition Dhivehi Quamee Party (DQP), that the President had no authority to do declare Addu a city until it met the then-unstated requirements for a city, as determined by the Local Government Authority.

Yesterday the authority – currently consisting solely of the Home Minister – published the requirements in the government gazette, and the President declared Addu a city for the second time, after Adduans and MDP activists took to the streets to protest against the Civil Court’s decision and the DQP.

“The Local Government Authority consists of only one person, which is Hassan Afeef, and today I asked Afeef to determine whether Addu Atoll meets the requirements to be a City,’’ President Nasheed said, addressing a rally at Thinadhoo in Gaafu Dhaalu Atoll.

However overcoming the technicality raised in the Civil Court was not so simple, warned Thaufeeq.

“When the Civil Court ruled that the first declaration of the Presdient was invalid, it also invalidates all the work done by the commission to hold the Local Council Election,’’ said Thaufeeq.

“Now we will have to register all the citizens of Addu, will have to announce for the elections, will have to elect candidates and will have to give them time for campaign. The commission will have to repeat the whole process for the Local Council Elections in Addu.

“There would be a delay of almost two months [in Addu], while all the other atolls will have concluded the elections and have elected councilors,’’ he explained. “The best way is to hold the elections across all the islands at the same time, by overturning the Civil Court’s ruling.’’

He said the EC was seeking legal advice and trying to determine a way to resolve the issue.

“We have not decided what we will do yet, but these are the issues that will arise if the second declaration is be implemented,’’ he added.

Attorney General Dr Ahmed Ali Sawad has already said the government will seek to appeal in the High Court, but with the elections scheduled for February 5, a delay could be possible.

Likes(0)Dislikes(0)

DRP requests EC to remove Umar Naseer from party membership list

The main opposition Dhivehi Rayyithunge Party (DRP) has requested that the Elections Commission remove the name of Umar Naseer, its former Deputy Leader, from the party’s membership list.

The calls follow an escalating war of words between Naseer and the party’s current leader, Ahmed Thasmeen Ali, over the former deputy’s dismissal from the DRP late last year that more recently led to violent clashes at a meeting held at DRP headquarters.

Acknowledging the DRP’s request, Elections Commissioner Fuad Thaufeeq said that Naseer has also sent a letter to the commission in an attempt to counter the calls to remove him.

“The commission is now considering the matter and will go for a conclusion today or sometime tomorrow,” said Thaufeeq.  “Most of the time, these matters end up in the party’s favour.”

However, as the case has not yet reached a conclusion, Thaufeeq said the commission could not say anything on the case.

Umar Naseer was dismissed from his post by the party’s disciplinary committee back in December after he attempted to conduct a protest that was allegedly unauthorized by DRP leadership.

Naseer said in September that Thasmeen did not want him in the DRP. The former deputy leader alleged that Thasmeen was therefore attempting to dismiss him after the DRP council voted narrowly to move ahead with a disciplinary hearing.

Tensions have risen within the party between supporters loyal to both Thasmeen and Naseer, leading to some MPs including the dismissed deputy to fly out to Malaysia to meet with former president and DRP “honorary leader” Maumoon Abdul Gayoom.

Gayoom returned to the Maldives last week in order to try and reinstate unity in the DRP along with assisting its local council elections campaign.

Gayoom described the disputes in the DRP as ‘disputes’ rather than the formation of faction.

So far, Naseer has not accepted the decision of the disciplinary committee, claiming that the decision was against the party’s charter.

Likes(0)Dislikes(0)

EC publishes voter registry for council elections

The Elections Commission (EC) has published the list of eligible voters for the upcoming local council elections on February 5, 2011.

The commission announced yesterday that complaint forms regarding registry issues will now be available from its website and office as well as island and atoll offices.

Following a verification process, an updated list will be published in the government gazette at a later date.

Meanwhile, candidates have been invited to lodge applications starting 9am tomorrow to 4pm on December 8.

Likes(0)Dislikes(0)

DRP proposes bringing council elections forward

Opposition Dhivehi Rayyithunge Party (DRP) MP Mohamed Mujthaz proposed an amendment to the Decentralisation Act yesterday to set December 31, 2010 as the deadline for local council elections.

On Sunday, the Elections Commission (EC) announced that local council elections will take place on February 5, 2010 after taking the upcoming school holidays as well as the Hajj Eid festivities into consideration.

The deadline in the Decentralisation Act had elapsed on October 13 while the complementary Local Council Elections Act, ratified on July 29, gave a 122 period for the elections.

Presenting the bill, Mujthaz said that as administrative constituencies were listed by the government after the amendment was proposed, he was willing to withdraw it at a latter stage.

The amendment bill also proposes considering administrative constituencies as listed in the appendix of the Decentralisation Act.

Meanwhile, an amendment to the Act proposed by the government to set the criteria for city status for populations with 10,000 was narrowly rejected at yesterday’s sitting.

While 34 MPs voted in favour of the proposal, 35 voted against and one abstained.

Likes(0)Dislikes(0)

EC disputes blame for lack of public awareness of referendum

The Elections Commission (EC) has issued a statement condemning the remarks made by President of the Adhaalath Party Sheikh Hussein Rasheed, after he criticised it for failing to raise adequate public awareness about the recent referendum.

Sheikh Rasheed said that as a result, the state had spent more than Rf 11 million (US$856,000) holding a referendum on administrative consolidation that most of the country’s eligible citizens had failed to vote in.

“My intention is to make institutions more accountable. It’s not a problem if the commission issues press releases about me, but I would prefer they listen and learn something from what I said,’’ Sheikh Rasheed told Minivan News.

He claimed that most citizens were unaware of what the referendum was about – a proposal for grouping smaller islands to form large population centres – which led to a 30 percent turnout across the country. Of 88,882 eligible voters, less than 27,000 participated in the referendum.

However the EC stated that it would contradict the commission’s independence  if it was required to inform citizens about the benefits and disadvantages of a referendum’s topic, and described attempts by political figures to disgrace the commission by suggesting otherwise as “irresponsible”.

Likes(0)Dislikes(0)

Local council elections scheduled for February 5, 2011

The Elections Commission (EC) has announced that the local council elections will take place on February 5, 2011, two months after the period stipulated in the Local Council Election Act.

EC President Fuad Thaufeeq told Minivan News today that the commission took into consideration the number of public holidays, including the end of the year school holidays, as well as the rights of candidates.

“If we ignored these holidays and conducted the local council elections, many people will experience difficulties,’’ he said.

He added that the courts and government offices would face difficulties if the EC did not take public holidays into account.

“If the commission decided if a candidate was not eligible, the person would have to file the case at the High Court and the court will determine whether he is eligible,” Fuad explained. “But if that sort of issue was raised when the courts are closed, that would be a much bigger problem. So we decided to hold the elections in February next year.’’

While the constitutional deadline for council elections elapsed in July 2009, enabling legislation for the elections was ratified by President Mohamed Nasheed on July 29, 2010.

The Local Council Elections Act stipulates that elections must take within a 122-day period after ratification.

”Dates are not applied, all the due dates have been passed,” said Fuad. “If we have to conduct it according to the deadlines we cannot do this at all.”

In accordance with the Decentralisation Act, the list of 184 administrative constituencies was published in the government gazette on Thursday.

Following the public referendum on October 9 on the government’s proposal for administrative consolidation, Addu Atoll is listed as a single island.

Likes(0)Dislikes(0)

Legal confusion over local council elections

The government claims to be seeking legal advice concerning issues relating to the local council elections scheduled for October.

The President’s Press Secretary Mohamed Zuhair said there were contradictory definitions mentioned in the decentralisation and local council acts.

For instance, Hulhudhoo and Meedhu in Addu Atoll are considered two different islands and have their own island offices, but both are located on the same land mass.  Under the decentralisation act,  two islands on the same land or in the same lagoon would be considered one island, Zuhair explained.

“But in the local council elections act island offices are [allocated] for every island. As a result, it is now difficult to determine on which islands councils should be established,’’ he said.

Zuhair said the Elections Commission [EC] would try to hold elections on time, regardless to the issues raised.

Dhivehi Rayyithunge Party DRP MP Abdulla Mausoom said DRP has already presented a bill to the parliament to resolve the issue.

”We will amend the law to provide power to the citizens, and we might as well amend the constitution if necessary,” said Mausoom. ”In the bill it will determine how the local councils should be established in the controversial islands of Addu Atoll and Fuvamulah.”

In May, the parliament passed legislation on local council elections. The bill was initially passed in such a way that any person who lived out of their birthplace was required to travel to their home island.

Article 4 of the first legislation passed said voters would have to be present in their island of birth or registered constituency in order to cast their ballots.

President Mohamed Nasheed vetoed the bill, claiming a large number of people from the atolls living in Male’ or “40 per cent of the population”, would be deprived of the right to vote if he ratified the bill.

President of the Elections Commission Fuad Thaufeeq did not respond to Minivan News at time of press.

Likes(0)Dislikes(0)

President ratifies Decentralisation Act

President Mohamed Nasheed has today ratified the landmark bill on decentralised administration but vetoed the complementary bill on local council elections.

Addressing press today, Nasheed said Attorney General (AG) Husnu Suood advised the president’s office that although the decentralisation bill would not hamper the implementation of government policies, some provisions were “legally questionable.”

“If the bill becomes law, both the attorney general and this office has noted that there could be legal problems in enforcing it without amendments,” he said.

As the constitutional deadline for local council elections elapsed in July last year, he added, a further delay was not advisable.

Although the opposition Dhivehi Rayyithunge Party (DRP) removed the concept of provinces from the government’s bill, Nasheed said the Act does not prohibit the creation of province as it stipulates that new legislation would be needed to form “province councils.”

Opposition MPs argued that grouping atolls into seven provinces was unconstitutional as 21 administrative areas or atolls were clearly specified in the constitution.

Nasheed stressed that it was important to distinguish between political decentralisation, or the formation of local councils, and administrative decentralisation.

The constitution empowers the president to create posts and offices in the atolls to provide services of various government ministries located in Male’, he explained.

“For example, the ministry of economic development registers companies,” he said. “In the past, to register a company you had to come to Male’, fill out the form and get the seal.”

Apart from providing services directly to the region, he continued, the province offices would work together with island and atoll councils on speeding up development projects.

13 points

A statement highlighting 13 legal points raised by Attorney General Husnu Suood regarding the decentralisation bill was issued by the president’s office today.

Suood noted that the bill does not preclude either the creation of provinces or collaboration among constituencies or administrative areas.

Moreover, the law does not prohibit either a government ministry or an independent institution from targeting services to two atolls or undertaking development projects for one or more atolls.

Thirdly, as the bill distinguishes between the central island and the capital island of an atoll, the powers and administrative framework of former atoll offices would be transferred to the atoll council.

It will therefore be left to residents of an atoll to to designate an island for the administrative office of the atoll council.

The AG notes that the composition of city councils specified in the bill was unfair as the city council of Male’, with a population of 125,000, will have 11 members, while the atoll council of Addu, with a population of 29,000, will have 12 members.

Further, the bill does not prohibit island councils from entering into agreements with the government’s utility companies, created for the seven provinces, to provide electricity, water and sanitation.

As the guidelines specified in the bill for island councils and atoll councils to offer municipal services differed significantly, “it is important to streamline the guidelines for providing these services.”

In the case of Fuahmulah, the only island in the Maldives that is also an atoll, the AG points out that its eight island councils with three members each, in addition to a six-member atoll council, was proportionately a high number of representatives compared to other atolls.

While the 9,000 people of Fuahmulah would have 30 elected representatives, the 125,000 people of Male’ would have 11 representatives on its city council.

Moreover, a government minister has to be on the board of the local government authority and is required to answer to parliament, but might not be elected as the chair of the board.

If the minister is not elected to the chair, Suood notes, it is doubtful whether he or she could report to parliament as mandated by article 140 of the constitution.

The AG recommends amending the law to require the chair of the board to report to a minister designated by the president.

Meanwhile, a provision that would allow councils to plan and organize services provided by government ministries was “unconstitutional” as it would strip the ministry of its authority and ministers could not answer to either parliament or the president.

Granting powers to local councils to invalidate contracts and agreements made in the constituency after the ratification of the new constitution “did not make legal sense” and was “unfair” as it could leave third parties without any avenues for redress.

On the twelfth point, the AG recommends designating council members apart from the president and vice-president “non-executive” members with lower pay.

As there was going to be around 1,200 council members in the country, between Rf400 million to Rf500 million would be needed annually for salaries and allowances.

Since the Decentralisation Act stipulates that elections must take place within 150 days of ratification, Suood notes that the local council elections bill must be ratified before June 15.

Local council elections bill

Although the president vetoed the bill on local council elections today, he conceded that he would sign it into law If parliament passes it again without an amendment to allow remote voting.

Fuad Thaufeeq, president of the Elections Commission (EC), told Minivan News earlier this month that the two bills had to be ratified within 28 days of each other to comply with the periods specified in both pieces of legislation.

At the press conference, President Nasheed denied claims by opposition parties that the government was stalling the elections to prolong the tenure of appointed island and atoll councilors.

Nasheed said the ruling Maldivian Democratic Party (MDP) proposed at the Special Majlis that the parliamentary and local council elections should have preceded the presidential elections.

The number of island chiefs and deputies appointed in the past was above 800, he said, while the number of councilors would not exceed one to each island.

Likes(0)Dislikes(0)

Veto could impede local council elections, says EC

The Elections Commission (EC) would be in “a difficult situation” if the president ratifies the decentralisation bill but vetoes the complementary local council elections bill, EC President Fuad Thaufeeq has said.

If the president leaves more than a 28-day period between the ratification of the two bills, said Fuad, the EC would not have enough time to prepare for the elections.

President Mohamed Nasheed has said he will veto the local council elections bill as article four of the legislation woul disenfranchise “half the electorate” as it requires citizens to be present in their registered constituency to be able to vote.

“If he ratifies the decentralisation bill first, it states that elections should take within 150 days,” Fuad said. “But the other bill, the local council elections bill, gives a period of 122 days. So even if the Majlis passes amendments as soon as possible, say in June, we won’t have enough time to prepare.”

He added that the EC believes the two bills should be ratified together in order to avoid the clashes.

Moreover, if an amendment is passed to allow remote voting, the EC would need “double the funds to allow people to vote anywhere”.

The EC would need “a lot of manpower” as there would be 279 constituencies and some islands would require 100 different kinds of ballot paper.

The EC did not raise concerns with article four as it would be fairer for those living in their registered constituency or island of birth to elect local government representatives.

“It would be better for those who actually live in the island to be able to vote than those who are registered,” he said.

In his weekly radio address on Friday, President Nasheed said article four would disenfranchise “at least 60,000 people” from the atolls currently residing in Male’.

Nasheed said he would ratify the bill only as “a last resort”.

“In my view, it is not the right thing to do. It is not a good bill,” he said.

Mohamed Zuhair, president’s office press secretary, said parliament had to bear responsibility for the problems as “they passed the bill knowing all these periods were in there”.

In addition to problems regarding process, he added, the president had to consider economic, social and legal ramifications.

“We can’t sacrifice content or substance because it could compromise the process,” he said. “But the president hasn’t made a final decision and he will serious consideration to these issues.”

Although article four did not allow for remote voting in the original draft legislation submitted by the government, MPs of the ruling Maldivian Democratic Party (MDP) proposed an amendment to allow people to vote anywhere in the country.

However, the amendment did not garner bipartisan support as MPs of the opposition Dhivehi Rayyithunge Party (DRP) voted against it.

Vili-Maafanu MP Ahmed Nihan said the DRP said he participated in a “heated debate” at a meeting with the EC over article four.

Nihan said the DRP agreed to keep the article unchanged based on the EC’s recommendations and the government’s assurances.

“We passed the bill the way it was sent to us by the Attorney General,” he said. “Now [MDP] are trying to blame us. We have said we will submit an amendment to allow everyone to vote even if takes three times more money.”

Nihan said the DRP parliamentary group was ready for an emergency sitting of parliament to vote on amendments, but added that the president should ratify the bill first as further delays would put the government and the Majlis “on the back foot”.

Likes(0)Dislikes(0)