Tag: Fuwad Thowfeek

Week in review: March 1– 8

This week saw tensions between the Elections Commission (EC) and the Supreme Court rising as the commissioners were hauled before the court once again.

After telling a Majlis committee that the court’s election guidelines were undermining the commission’s work, EC Chair Thowfeek was grilled by the bench before a travel ban was placed on himself and his colleagues.

As well as having their travel restricted, EC members also raised concern that the commission’s budget – in addition to being given piecemeal by the Finance Ministry – was insufficient to conduct the March 22 Majlis poll.

With voter re-registration completed this week, the EC noted that one in four voters intended to vote in places other than their permanent residence.

After the US State Department’s human rights report joined the chorus of those critical of the Maldives judiciary, Foreign Minister Dunya Maumoon asked the international community to support rather than undermine the country’s courts.

After receiving criticism from the political opposition for failing to mention the judiciary’s issues in his first address, President Yameen stated that he had complete trust in the institution.

This comment prompted the Maldivian Democratic Party’s (MDP) Mohamed Nasheed to suggest that this faith stemmed from the Progressive Party of Maldives’ strong influence over the courts.

Speaking on the campaign trail, Nasheed pledged that an MDP majority in the Majlis would seek to reform both the judiciary and the Judicial Services Commission.

Two fellow MDP MPs seeking to return to the campaign trail were the recently jailed Abdulla Jabir and the recently stabbed Alhan Fahmy.

While Jabir’s legal team pleaded with the court to allow the Kaashidhoo MP the opportunity to campaign during his incarceration, Alhan was told that the Civil Court could not invalidate the candidacy of the disputed Feydhoo by-election winner.

Government agenda

As well as listing the government’s recent achievements during his address at the Majlis opening this week, President Yameen explained that a legislative agenda had been formulated. This agenda was subsequently revealed by the Attorney General to include 98 new bills and 109 amendments to existing laws.

The government’s pledge to increase the pension to MVR5000 was delivered – after some confusion – while the Home Ministry’s drive against drugs continued with plans made to reintroduce sniffer dogs to the Maldives.

Saudi Crown Prince Salman bin Abdulaziz received a royal welcome from the government this week, releasing a joint statement with Yameen reiterating the countries’ mutual commitment to moderate Islam and strengthened bilateral ties.

As the fallout from the IGMH HIV scandal continued, hospital officials revealed that a member of staff had been taken into police custody after admitting culpability for the error which led to the transfusion of infected blood.

Health Minister Dr Mariyam Shakeela explained that the expenses of the victim’s children would now be borne by the state, though local NGO Voice of Women expressed concern that the family may still face discrimination due to “societal myths and misinformation” about the illness.

Shakeela told the Majlis government oversight committee that her resignation was not the solution to the health sector’s problems.

The same committee was also informed that a Maafushi Jail inmate – left in a coma after being attacked by his cellmates in February – had requested to be taken out of his quarters more than an hour before the attack.

The government’s attempts to keep Raajje TV away from President’s Office press conferences were dropped by the AG this week, while the broadcasting commission asked DhiTV to respond to allegations that it had irresponsibly criticised the Anti Corruption Commission.

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Supreme Court guidelines undermine EC’s independence: Fuwad Thowfeek

The 16-point guideline for conducting elections imposed by the Supreme Court on the Elections Commission (EC) has undermined the institution’s independence, EC President Fuwad Thowfeek told MPs on the government oversight committee yesterday.

In a meeting with the opposition-majority oversight committee to discuss budget constraints, Thowfeek said he did not believe the EC was fully independent as some of its powers and responsibilities were transferred to other institutions by the Supreme Court judgment that annulled the September 7 presidential poll.

“For example, having to consider the Department of National Registration’s (DNR) list as the basis in preparing voters list and compelling us to use a person from the police service to transport [election-related] material from one place to another,” he said.

Thowfeek also referred to the cancellation of polls in last year’s presidential election after candidates from the Progressive Party of Maldives and Jumhooree Party refused to sign the voters list, which was among the requirements imposed by the apex court.

As the Finance Ministry has not released funds allocated in the state budget for conducting the upcoming parliamentary election, Thowfeek said that financial constraints were also an impediment to the commission’s work.

Lack of financial independence poses difficulties and “restrictions”, he added.

EC members expressed concern at yesterday’s committee meeting over having to make individual requests to the Finance Ministry to pay bills and settle other expenses incurred in preparations for the polls.

Asked by MP Visam Ali if the commission was able to comply with the Public Finance Act and regulations under the law while it was forced to depend on the ministry for expenses, Thowfeek said the EC was being told to disregard provisions of the law.

“I have to say again that the first [institution] to do this was the Supreme Court. As far as I know, the sumoto mechanism they have made to prosecute Elections Commission members is against the constitution of the Maldives,” he said.

The EC did not have “any other option or choice” when the Finance Ministry instructs the commission to disregard the public finance law, Thowfeek said.

If the EC refuses on the grounds that “it’s against the law”, Thowfeek continued, there was a fear that the parliamentary election could not be held as scheduled on March 22.

Contempt of court

On February 12, the Supreme Court summoned EC members and began a surprise trial on charges of contempt of court.

The apex court invoked new ‘Sumoto’ – or ‘Suo motu’ – regulations that allow the court to initiate hearings and act as both prosecutor and judge in a trial.

The court contends that criticism by EC members of its decision to annul the first round of last year’s presidential election – citing a secret police report that has since been dismissed by a UN expert review and questioned by the Human Rights Commission of Maldives – constituted contempt of court.

At the last hearing of the trial, Supreme Court Justices used testimony given to the oversight committee to implicate EC members in contempt of court.

Article 90 of the constitution says no person will be subject to any inquiry, arrest, detention, or prosecution with respect to anything said in the People’s Majlis or any of its committees if such a statement is not contrary to tenet of Islam.

However, Supreme Court Justice Ahmed Abdulla Didi contended that the EC’s testimony at the committee obstructed justice – which he argued was a tenet of Islam – and could therefore be used in a court.

Asked by Committee Chair MP Ali Waheed if commission members were aware of the punishment for contempt for court, EC member Ali Mohamed Manik said he was informed by the commission’s legal team that there was no law specifying a penalty for contempt of court.

“They said there is no punishment. So I’m hoping that we haven’t committed a crime and there won’t be a punishment,” he said.

Manik referred to Article 223 of the constitution, which states that the supervision and prosecution of all criminal offences was the responsibility of the prosecutor general.

“But we didn’t see the prosecutor general there. We answered questions put to us by Supreme Court judges,” he said.

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Elections will go ahead, even without voters list signatures: EC President

The People’s Majlis elections scheduled for 22 March will be held as planned, the Elections Commission (EC) President Fuwad Thowfeek has said.

Speaking about the election on Television Maldives’ ‘Raaje Miadhu’ programme, Thowfeek said that he hoped all candidates would sign the lists, but that even if they did not the elections would be held regardless.

“I don’t believe we should bring any change to the election. So it will be held as planned,” he said.

The voter list signatures mandated by the Supreme Court were not obtained during the recent local council elections held in January.

Approval of voter lists by all candidates was mandated by the Supreme Court guidelines in the verdict annulling the first round of the presidential election held in September 2013.

The EC has described these guidelines as “restrictive”while the court have been criticised by the United Nations for “subverting the democratic process” in the Maldives with “onerous” and “difficult to satisfy” guidelines.

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EU concern over Supreme Court’s action against Elections Commission

Read this article in Dhivehi

The EU has expressed “concern” over the Supreme Court’s decision to prosecute the Elections Commission for contempt of court

“The EU Delegation notes with concern the current action of the Supreme Court on its own initiative to bring before it members of the Elections Commission who have expressed concern over its judgments,” read a press release from the EU delegation based in Sri Lanka.

The court’s decision to bring the charges of contempt of court refer to criticism of the decision to annul last September’s presidential election first round.

The EC has also been accused of disobeying a Supreme Court order by dissolving eight political parties earlier this month.

September’s annulled vote had been universally praised as free and fair, while the evidence used to cancel the result has been criticised by the UN as well as EC President Fuwad Thowfeek.

“The EU Delegation recalls the importance of legal proceedings being fair and transparent in accordance with international standards, and call on the Government of the Maldives to ensure the independence of the Elections Commission in the run up to and during the Majlis Elections so that they can proceed as scheduled on 22 March 2014. “

In addition to utilising new ‘Sumoto’ (or ‘Suo motu’) regulations that allow the apex court to initiate hearings and act as both plaintiff and judge in a trial, the Supreme Court’s contempt charges are based on privileged testimony given to the People’s Majlis by EC members.

Article 90 of the constitution says no person will be subject to any inquiry, arrest, detention, or prosecution with respect to anything said in the People’s Majlis or any of its committees if such a statement is not contrary to tenet of Islam.

However, claiming the establishment of justice to be a tenet of Islam, Supreme Court Judge Ahmed Abdulla Didi has said the EC’s testimony at the independent commissions oversight committee obstructed justice and could therefore be used in court.

EC President Thowfeek has denied the charges against the commission, noting that “testimony provided at the People’s Majlis committee was not given to hold the court in contempt, but to be held accountable to the EC’s actions.”

The Supreme Court has said that no party has the authority to question or criticise its decisions as per Article 145 (c) of the constitution which states that the Supreme Court shall be the final authority on the interpretation of the constitution, the law, or any other matter dealt with by a court of law.

In today’s statement, the EU has expressed concern that the current proceedings “risk undermining the vital independence of the Elections Commission, respect for the separation of powers and free expression in the Maldives.”

The issue of separation of powers has been a regular theme this week as politicians continued to campaign for the March 22 poll, with leaders from both the Maldivian Democratic Party (MDP) and the Progressive Party of Maldives claiming that their parties can best ensure the three branches of government are kept apart.

Most recently, while campaigning in Malé for the governing coalition on Sunday (February 23), former President Dr Mohamed Waheed suggested that “we have separated the power so much that the country is suffering”.

“This country can’t go forward if we separate the powers any more,” said Waeheed.

Former President Mohamed Nasheed yesterday told representatives of the UN that he did not expect his MDP to take part in the elections should the EC members be arrested and replaced.

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EC contempt case postponed as election preparations continue

Today’s hearing in the Supreme Court’s contempt charges against the Elections Commission has been postponed, as the commission continues preparations for next month’s Majlis elections.

Elections Commissioner (EC) Director General Mohamed Shakeel told Minivan News today that today’s summons order had been cancelled, and that the commission’s schedule for the March 22 polls was continuing as planned.

Meanwhile, the Maldivian Democratic Party (MDP) has described the court’s latest actions as “highly alarming”.

Majlis candidates will be assigned numbers today and Saturday, and the deadline for accepting amendments to the current voter register lists is also today.

Yesterday’s surprise hearing was adjourned after the EC’s lawyer Hussein Siraj requested the four members be given time to respond to the charges.

The MDP has accused the court of attempting to “further subvert the authority of the independent Elections Commission in the run up the Parliamentary elections due next month.”

“Today’s [February 12] arbitrary summons of the Election Commission by the Supreme Court over an allegation of contempt of court effectively turned into a trial where the Supreme Court was both the plaintiff and the judge,” read an MDP press release.

Yesterday’s proceedings were both initiated and presided over by the Supreme Court, using new suo moto regulations introduced on February 6 which allow the court to initiate trials against any organisation or individual.

The penal code – currently under review by the People’s Majlis – prescribes a sentence of six months in prison, banishment, or house arrest for contempt of court – or a fine of MVR150 (US$10).

“With respect to this Supreme Court’s history of arbitrarily interfering in the country’s election process, the MDP find the Supreme Court’s latest actions highly alarming,” said the MDP.

The press release made reference to the 16 point guideline introduced during the court’s annulment of the September 7 presidential election first round, last year.

EC President Fuwad Thowfeek has previously criticised both the guidelines themselves, describing them as “impractical”, as well as the evidence used to annul the vote.

The presidential election first round had been deemed free and fair by a host of international observers, while  UN representatives have subsequently dismissed the court’s evidence and described the guidelines as “onerous”.

In October, the United Nations High Commissioner for Human Rights Navi Pillay accused the court of “interfering excessively” in the elections, and “subverting the democratic process”.

March’s vote will see 85 Majlis seats divided amongst 311 candidates. Shakeel explained that the EC had accepted 85 MDP candidates, 7 Dhivehi Rayyithunge Party candidates, and 122 independents.

The progressive coalition has submitted 50 Progressive Party of Maldives applications, 28 Jumhooree Party forms, and 7 from the Maldivian Development Alliance, he said. Meanwhile, estranged coalition member, the Adhaalath Party, has submitted applications for 13 constituencies.

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Second round of voting in council elections scheduled for February 15

A second round of voting in the local council elections will take place in four islands on February 15, the Elections Commission (EC) has announced.

Speaking at a press conference held yesterday to announce official results of the January 18 polls, EC President Fuwad Thowfeek said a second round was needed in four island council races where candidates in fifth place were tied with the same number of votes.

Run-of elections will take place in Haa Alif Muraidhoo, Baa Fehendhoo, Raa Maakurath and Gaaf Alif Kodey.

Thowfeek also revealed that the EC has annulled the results of the Noonu Miladhoo island council election after it emerged that disappearing ink might have been used.

Following an investigation by the National Complaints Bureau, the EC decided that the issue could have affected the outcome of the vote, Thowfeek said.

In addition to Miladhoo, voting for the Gaaf Alif Villigili constituency atoll council seats has also been scheduled for February 15.

The Villigili poll was delayed by the EC to afford a candidate adequate time to campaign after his disqualification by the commission was overturned by the Supreme Court.

The candidate in question had however withdrawn his candidacy following the EC’s decision to delay the poll.

On the second round of voting, EC member Ali Mohamed Manik told the press that ballot boxes will be placed in the islands and Male’.

Manik added that the commission had not made a decision concerning voters in the constituencies registered to vote elsewhere in the country.

However, the EC cannot allow re-registration for the second round, Manik said.

Victory for MDP amidst low turnout

EC President Thowfeek also revealed that the turnout on January 18 was 64.5 percent, down from the 70 percent turnout in the first local council elections that took place in February 2011.

Of 240,220 eligible voters, 154,942 voters cast their ballots, Thowfeek noted.

While turnout in some islands exceeded 80 percent, participation in some constituencies of the capital was as low as 30 percent.

A total of 2,463 candidates contested in the January 18 polls for 1,100 seats – 951 island council seats, 132 atoll council seats, and 17 city council seats.

Thowfeek noted that 72 female councillors were elected in the second local council elections, which accounted for six percent of the winning candidates.

According to the official results, the opposition Maldivian Democratic Party (MDP) won the most number of seats.

The main opposition party fielded 901 candidates and won 458 seats, including eight out of 11 seats in the Male’ City Council and all six seats of the Addu City Council. The two cities together account for 40 percent of the voting population.

The MDP also performed well in other population hubs such as Kulhudhufushi in the north and Fuvahmulah in the south.

The ruling ‘Progressive Coalition’ – composed of the Progressive Party of Maldives (PPM), Jumhooree Party (JP) and the Maldives Development Alliance (MDA) – fielded 934 candidates and won 456 seats.

The PPM took 277 seats, followed by the JP with 123 seats and the MDA with 56 seats.

Of the 543 independent candidates, 133 were elected. The Adhaalath Party meanwhile fielded 83 candidates and secured 45 seats.

The religious conservative party campaigned independently of the government coalition as it was not an official coalition partner with a formal agreement.

The Dhivehi Rayyithunge Party meanwhile fielded two candidates and won one council seat.

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Voter lists put up at polling stations with ID card photos

Voter lists for today’s council elections have been placed at polling stations for the first time with national identity card photos, prompting complaints from women with face veils.

Speaking at an Elections Commission (EC) press conference this afternoon, EC President Fuwad Thowfeek said photos were included in the eligible voters registry placed outside each polling station as a safeguard to prevent fraud.

“Even though this is something new that we introduced, in most countries, photos of voters are included in the voters list,” Thowfeek said.

Photos of all eligible voters were provided by the Department of National Registration (DNR) from its identity card database with the exception of 1,170 photos, Thowfeek said.

The voters list used in previous elections only included name, address, ID card number and date of birth.

EC member Ali Mohamed Manik said the EC decided to make the lists with ID card photos in the interest of ensuring transparency.

“There are a lot of foreigners living in the country. As there could be a chance for foreigners to vote using ID cards, this was done to prevent that and facilitate the right to vote for Maldivians,” he said.

Manik said the commission has officially received two complaints so far from women in cases where the ID card photos were taken before they wore face veils.

The official in charge of the Elections Complaints Bureau noted that a number of women who wear the hijab were also phoning in complaints about their photos being made public.

“Concerning these complaints, we brought it to the attention of the commission’s members and informed [polling stations] to cover with a piece of paper the photos of people who insist on taking it down,” he said.

He added that voters had an “individual responsibility” to update photos at the DNR after wearing the hijab.

Local media outlet CNM has meanwhile reported that some religious scholars have objected to the photos of women with face veils made public by the EC.

NGO Salaf preacher Sheikh Adam Shameem told the news website that making the photos public was demeaning to the women in question and called to punish those responsible.

Adhaalath Party President Sheikh Imran Abdulla also contended that the practice was contrary to Islamic principles and infringed on the rights of veiled women.

Among other complaints submitted to the EC included two cases where marked ballot papers were displayed, complaints regarding pens with fading ink and complaints over the conduct of election officials.

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PPM refuses to sign voter lists

The ruling Progressive Party of the Maldives (PPM) has refused to sign voter lists for the January 18 local council elections.

Speaking at a press conference today, campaign team member Mohamed Aslamee said the Elections Commission (EC) had revised 16 voter lists shortly before the deadline for voter registry approval ended at 10:00 pm last night.

The PPM has asked for more time to check the lists.

“For example, if there are problems in 16 lists, then we merge lists of all 462 boxes and check how citizens have been allocated for voting. Their permanent addresses and changed addresses. We have to do mapping on a large scale. This is a technical task. We do not just check the lists within two hours and say that’s alright and sign them,” Aslamee said.

The PPM and its coalition partner Jumhooree Party had refused to sign voter lists in October 2013, resulting in police obstruction of presidential polls at the eleventh hour.

Candidate signature on voter lists was mandated by the Supreme Court in its verdict annulling the first round of the presidential election held in September 2013.  The EC has described the Supreme Court’s guidelines as “restrictions.”

Aslamee said the PPM does not “obstruct” elections and was ready to sign lists given sufficient time.

Speaking to Minivan News, EC President Fuwad Thowfeek said the JP, the Maldives Democratic Alliance, the Adhaalath Party and opposition Maldivian Democratic Party had signed all lists by the deadline.

“If PPM had good intentions, they can also complete signing all lists,” he said.

The EC has long argued candidates are not required to crosscheck lists, but their signatures on lists were to ensure the EC’s lists are present at ballot boxes on voting day, and limit the use of a fabricated list.

Fuwad also said that over 300 of the 440 independent candidates had also been unable to sign voter lists. Independent candidates are unable to incur the cost of travelling to Malé to sign lists or appoint representatives, he said.

The EC will decide on a way forward on Tuesday when the four commission members are present in Malé, he said. EC Vice President Ahmed Fayaz is at present in the atolls to oversee a training for EC officials.

“If elections are delayed, it will increase expenditure and present a number of issues. We will not be able to hold elections within the constitutionally mandated deadline,” Fuwad said.

Repeated and controversial delays of the presidential election also resulted in the passing of the constitutionally required deadline for the presidential transition.

Pointing to the parliamentary elections coming up in March, Fuwad said the EC does not have the capacity to hold two “complex” elections at the same time.

The EC has asked the Attorney General for advice on following Supreme Court guidelines, but has not received an answer yet, Fuwad said.

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