Supreme Court orders Elections Commission to restart re-registration process

The Supreme Court opened at midnight on Thursday to issue a ruling ordering the Elections Commission (EC) to restart the entire elections re-registration process.

“[The Supreme Court] orders the Elections Commission to start anew the process of compiling the voter registry and abide by the Supreme Court guidelines in the re-registration process for those who individuals who wish to vote in a location other than their place of domicile, and start anew re-registration process according to new procedures, disregarding previous re-registration,” read a verdict posted on the Supreme Court’s website.

The court also ordered the Elections Commission to give candidates the choice whether to stay on the ballot paper or withdraw from the election, contrary to the EC’s previous announcement.

“Elections Commission’s announcements (A) EA-2013/539 and (A) EA-2013/540 [concerning the re-registration process] contravene the guidelines put forth in the Supreme Court Verdict no 2013/SC-C/42,” read the ruling, signed by Chief Justice Ahmed Faiz.

“The Elections Commission must without further justifications proceed according to the guidelines put forth in the Supreme Court Verdict no 2013/SC-C/42,” the ruling stated.

The PPM today sought an order at the Supreme Court blocking Nasheed’s legitimacy to contest the election on the grounds of his criticising the judiciary and being “irreligious”, although this appeared to split the party, with State Foreign Minister Dunya Maumoon declaring it was “not the right time”.

According to local media, the PPM also requested the court order the annulment of the voters’ list used in the first round on September 7, threatening that the party would not accept the result if the existing list was used. Prior to the first round, the PPM had called on the Elections Commission to make the voter registration process “more lenient”, requesting the EC not to reject voter registration forms missing details such as the name of a voter’s parents or a phone number, that could not be verified during random checks.

The 17 member Commonwealth election observation team in particular praised the final voter registry, describing it as “accurate and robust”.

“Fears expressed by some political parties regarding possible large numbers of deceased voters and voters registered in the wrong geographic area seem to be unfounded, based on the low incidence of election day complaints,” said the group’s head, former Prime Minister of Malta Dr Lawrence Gonzi.

The verdict

In its verdict on the Jumhooree Party’s case annulling the first round of the election, the court ordered the EC to hold an election by October 20, requiring the commission to prepare for polls as the government shuts down for the Eid al-Adha break.

The EC scheduled the election for Saturday October 19, sending the ballots for printing on October 9 and opening the list on October 10 for re-registration.

In a statement on October 9, Transparency Maldives noted that the Elections Commission had yet to receive the details of the Supreme Court verdict regarding the supposed discrepancies noted in the secret police report, between the voter registry and voting records (such as the claimed ID card number mismatches, permanent address mismatches, and name mismatches).

The Supreme Court’s majority ruling this week to annul the first round contradicted the positive assessments of more than a thousand local and international election observers, and hinged on a confidential police report submitted to the court claiming that 5623 votes were ineligible.

The report has not been made public and the legal counsel of the Elections Commission was never given the opportunity to present a counter argument.

In the majority verdict, Supreme Court Judge Dr Ahmed Abdulla Didi also declared that if a new president was unable to be sworn in on conclusion of the presidential term on November 11, the “principle of continuity of legitimate government would override any repercussions faced by failure to adhere to constitutional deadlines.”

The latest Supreme Court ruling follows a statement from UK Foreign Secretary William Hague stating that “It is imperative that there are no further delays and the elections be free, fair and inclusive, and that international observers are invited.”

“ It is important now that the democratic process proceeds in accordance with the Constitution,” Hague stated, calling on presidential candidates to respect the democratic process “and create conditions for free, fair elections.”

PPM MP Ahmed Nihan told Minivan News that he believed the latest order would mean additional delays to the voting, currently scheduled for October 19.

With growing international pressure for voting to take place without further delay, Nihan claimed that the party believed that the 24 hours for re-registration provided by the EC would have been a “disaster” for the election.

“Even here in Male’ no one was aware of what was going on [regarding re-registration],” he said, adding that the occasion of the Eid holidays had meant voters were expected to be more likely to want to vote on different islands from where they were registered: “I am sure it is important to let everyone else have the right to vote in free and fair elections. The verdict clearly says the EC has to perform within guidelines,” he said.

Nihan claimed the views of various international groups such as the UN and Commonwealth reflected the MDP’s stronger connections with foreign governments, whom he accused of believing the views of the opposition party without listening to others.

“The international community are champions of democracy and we have to thank them for efforts to spread it throughout all corners of the globe,” he said. “However, the EU and Commonwealth must make sure they are getting the proper and full information from all sides including the government and opposition as well.”
Meanwhile earlier today Sun Online reported that one of the five EC members, Ogaru Ibrahim Waheed, had suddenly resigned.

According to Sun no reason was given, although ongoing death threats received by the Elections Commission (EC)’s permanent staff and polling station officials have prompted the commission to file a report with the Maldives Police Service (MPS).

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Imperative no further delays in polls: UK Foreign Secretary Hague

UK Foreign Secretary William Hague has called on presidential candidates in the Maldives to respect the democratic process “and create conditions for free, fair elections.”

“I note the Supreme Court’s annulment of the first round of Presidential election results in Maldives, despite the assessment by both international and domestic monitors that proceedings were transparent, fair and credible,” said Hague, in a statement.

“The Elections Commission has now confirmed that the first round will be re-run on 19 October. It is important now that the democratic process proceeds in accordance with the Constitution. It is imperative that there are no further delays and the elections be free, fair and inclusive, and that international observers are invited,” the Foreign Secretary added.

Hague urged presidential candidate “to act in line with the interests of the people of Maldives”, and expressed hope “that the process will enable the President elect to be inaugurated by 11 November, in line with the constitutional framework.”

The Foreign Secretary said he was “worried by recent reports of intimidation, violence, arrests and arson attacks which have taken place in the past days.”

“We are deeply concerned that Transparency Maldives, as a domestic election monitoring mission, should not be subject to an unwarranted investigation and threats of dissolution. I further call on all parties to take action to create conditions which are conducive to free, fair and transparent elections,” he added.

UK Foreign Office Minister Alistair Burt has previously said the country was “extremely concerned” when the Supreme Court ordered the second round of presidential elections delayed.

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

Presidential election should be “fully inclusive, credible and peaceful”: Commonwealth

The Commonwealth Secretary-General’s Special Envoy to Maldives, Sir Donald McKinnon, has also “noted” the Supreme Court’s decision to annul the first round of the election.

“A Commonwealth Observer Group was present in Maldives from 31 August – 14 September and reported positively on the credibility of the electoral process,” McKinnon stated.

“I encourage all Maldivians again to ensure that the Presidential election is fully inclusive, credible and peaceful, so that the people of Maldives are free to choose their President from among those candidates already officially approved, and the inauguration can take place on November 11,” the Special Envoy urged in a statement today.

He also “acknowledged positively” the preparations being undertaken by the Elections Commission to enable a new election to be held on October 19, 2013.

The international community expressed alarm over the Maldives’ sudden suspension of the second round of presidential elections, initially scheduled for September 28. The election was later annulled by the Supreme Court in a 4:3 majority decision over allegations of electoral impropriety, despite unanimous positive assessments of the process by more than 1000 local and international election observers.

The majority verdict hinged on a secret police report alleging 5600 improper votes – evidence dismissed by the dissenting judges as the report was not shown to the Elections Commission, which was therefore unable to present a counter argument.

The judges also challenged the court’s jurisdiction to hear the case, and the rationale for annulling the entire election, rather than just the allegedly affected boxes.

The petition was filed by third-placed candidate Gasim Ibrahim who sought annulment of the first round in which he received 24.07 percent of the vote, alleging that he received at least 20,000 more before declaring that “God Willing, Gasim will be President on November 11″.

Travel advisory updated

Protests and strikes followed the suspension of the second round of elections, prompting countries including the UK, Australia, Canada and China to issue travel advisories to their nationals visiting the luxury holiday destination.

The UK updated its travel advisory yesterday, noting that “the first round of the Presidential elections will now be re-run on 19 October. There have been frequent demonstrations in the capital, Malé, and on some non-resort islands. These have led to arrests, attacks on private and commercial property, including arson, and limited violence. Further demonstrations are possible. Friday afternoons are potential flashpoints.”

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Off their rockers: The Economist

“Just why were the people of the Maldives asked to vote in a presidential election on September 7th,” asks The Economist.

Campaigning and voting went perfectly well. The contest looked fair and free. Your correspondent, visiting both a remote atoll as well as the capital, Male, saw and heard of nothing untoward during the campaign.

The independent Electoral Commission and local election observers concluded it had gone off perfectly. The thick flow of foreign ones agreed. (It is presumably easier for the Commonwealth, the European Commission and others to recruit poll monitors for the Maldives than for Afghanistan or elsewhere). The outcome, too, broadly matched earlier expectations. Mohamed Nasheed, a former president ousted in 2012 by what he said, reasonably, was a coup, romped home with 45% of the vote.

Just short of winning outright, however, he was forced into a second round of voting scheduled for late September. Yet a handful of power-brokers evidently could not stand the prospect of Mr Nasheed actually coming to office if he had won the second round. First the courts compelled the army and police to stop the second round of voting. Then, whatever 45% of the population have already said, the Supreme Court found an excuse on October 7th to annul the first round of the election.

This looks ridiculous. No basis of wrongdoing in the first round has been established. The court claims to have a “secret” police report that shows serious wrongdoing, a report which has not even been shown to the Electoral Commission, let alone been made public. On October 8th Mr Nasheed said “there were no good reasons for nullifying the elections”. He complains that his party’s lawyers were barred from court, and warns that protests and further disturbances are bound to follow. “A few judges feel they have to nullify a very well-observed election that was certified by the international community. Has this ever happened before?”

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Comment: Eight reasons why MACL’s share sale either doesn’t make sense, or is a giant scam

Mohamed Waheed’s government has been eyeing Ibrahim Nasir International Airport (INIA) just like a hawk circles around its prey before going for the kill.

Ever since MACL took over the airport from GMR, Waheed has been coming up with one scheme after the other to somehow move assets and ownership of INIA. Whenever such changes in ownership of valuable assets occur, a number of people invariably end up making a lot of money during the process.

First, he changed the MACL board and filled it with his political cronies in order to gain total control over the goings-on at INIA. Then, he tried to move all the assets of MACL into another company created through a secret Presidential decree so that it became a shell company, with all the value pulled into the new company.

This failed due to a number of legal issues. But now Waheed has now decided to sell shares in MACL to ‘Maldivian individuals and companies’ directly.

I will count eight reasons why I believe this proposed sale of MACL shares to ‘Maldivian companies and Maldivian individuals’ makes no sense and may potentially be a big scam-in-the-making.

1. Maintaining economic sovereignty or undermining it?

One reason Waheed’s spokesperson gave for this action was to “prevent foreigners from owning the airport in the future and protect the sovereignty of the airport”.

Essentially, rather than keeping control of MACL’s shares with it and hence ensuring the stated objective, it wants to sell these shares to third parties who can then go ahead and sell their holdings to foreigners. You can see the irony in the very argument that Waheed government is making for selling shares in MACL and wants us to lap up. Clearly, they believe that an average Maldivian on the street is silly and will happily agree to anything thrown his way as long as its wrapped with terms like ‘foreigner’, ‘sovereignty’ or ‘enslavement’.

On the contrary, by selling shares to Maldivian individuals and companies Waheed’s government is in fact opening doors for foreigners to actually go ahead and own INIA in the future.

Currently, the secondary financial markets in the Maldives are practically non-existent and it is easy for shares to change hands in off-market transactions. The regulatory framework for share sale & purchase is rudimentary and fails to ensure that equity shares of a company are not effectively transferred to a foreign entity. In fact, Waheed hailed the sale of two sea plane operators to American investment firm Blackstone as a shining example of how he has been able to bring investments into the Maldives. However, these transactions were an equity share sale of two businesses that are at the centre of Maldivian tourism, to foreign companies.

As a result of this share sale, significant control over Maldivian air space as well as businesses that are central to the health of Maldives tourism was given to an American investor. We have already heard of the problems most resorts are facing with the two sea plane operators and how they are being arm-twisted into signing long term agreements on unfavourable terms.

What will stop a foreign investor like Blackstone buying equity shares in MACL from a bunch of individual or large investors, and ultimately becoming the owner of INIA? In reality, it is this proposed sale of shares in MACL that is the start of potential ‘economic enslavement’ rather than a measure to stop the same in the future!

2. An economic necessity?

One argument that could have possibly been put forward by more aware and informed politicians would have been that this share sale is intended to plug the huge gap in the country’s financial position.

All of us know very well about the grave financial situation that the country and the government is in right now. After exhausting all of the recurrent expenditure budget for the year in the first four months, Waheed’s government has been relying on rolling over T-bills to finance its day-to-day expenses. However, it has already ruled out a supplementary budget for finance these expenditures and stated that it would continue to roll-over these T-bills in the short term. In this context, such a significant decision on divestment of state asset to private individuals is clearly neither a part of the government’s strategy to finance its projects and daily expenditures, nor an economic necessity in the current context.

3. All in the course of seven days

When Nasheed’s government privatised the airport, it put up the airport through an international bidding process managed by the World Bank’s International Finance Corporation (IFC). Work on the privatisation started in July 2009 and finished through announcement of the winning bidder in June 2010. Hence, it took 11 months for the previous government to complete a financial transaction related to the airport.

There were many allegations of corruption around the way the process was managed, which were later ridiculed by the Anti-Corruption Commission (ACC). Now, we have a situation where those who alleged financial irregularities in an 11-month long international bid process are looking to sell shares in the same company over the course of one week!

Even if one were to not compare this plan of share sale to local companies and individuals with the previous bidding process, a share sale like this typically takes more than a year for most companies to complete. Planning and execution of a public offering in most cases is a 6 to 12 month process at the minimum in most countries with well-developed regulations and mature financial markets.

However, here we have a case where an outgoing government wants to complete a public sale of shares of the most valuable national asset in a week. Quite clearly, there is much more to this share sale than meets the eye, which is why it may be important to finish the whole process in the blink of an eye.

4. Eerie silence on the valuation of shares or lack of it

Waheed’s government has given no indication at all of the proposed valuation of MACL and the price at which it is planning to sell the shares. Fair valuation of a share is a matter of opinion and a matter of sound professional judgement of bankers who typically assist with share sales. There are no investment banks in the Maldives who could assist with the sale of shares and no research houses which could come out with an investment report for the public to determine whether the determined price of MACL shares is fair value or not. If a share sale has to be conducted, such experts would typically have to be brought in from other countries such as India, Singapore and Malaysia which have developed financial markets.

GMR made a claim of US$1.4 billion for the loss of profits that it would have earned in the next 10 years, which it couldn’t due to the alleged illegal termination of its contract by Waheed government. Equity shares in MACL would entitle one to profits from INIA for the course of eternity. Hence, what we are looking at is a multi-billion dollar financial transaction – 40 percent of this is also going to represent hundreds of millions of dollars, if not billions.

In this context, the fact that no one in the government has made any statement about engaging an international bank or an expert to help determine the fair value of MACL shares is a clear giveaway. There has been no attempt to find out what would be the fair value of MACL shares, and the intention is to sell these to Maldivian companies and individuals in the matter of a week. One can only deduce from all this that the price (likely to be peanuts) and the buyers of MACL shares have already been decided, and what is proposed to be undertaken over the course of next is a likely to be big sham.

5. Waheed’s moral and constitutional authority to make this decision

Waheed’s term is coming to an end on  November 11 and as this column goes to press, efforts are still ongoing to ensure that a new President is put in power by then. Clearly, this is a significant economic policy decision which must be taken by the new President in line with his announced economic policy, based on which he would have been voted into power. Waheed was never voted into power and his manifesto was given a big thumbs-down in the first round election where he received only 5.13 percent of the votes. Clearly, he doesn’t have the moral authority to make such a significant economic policy decision one month before he is scheduled to hand over power to his successor.

As far as constitutional authority is concerned, your guess is as good as mine. With much larger constitutional questions open for debate today, I wouldn’t dare comment on this but I would certainly be surprised if it allows an outgoing President to make such significant economic decisions that have long term economic impact on the state of the nation.

6. A thick cloud of secrecy

What is most important is to understand whether he plans to bypass the Majlis for undertaking this transaction. It was Waheed and his current and former allies who raised their voices against how the GMR concession was awarded without Majlis approval. In fact, this is the legal reason that Azima Shakoor cited as the basis for declaring the GMR contract void ab-initio.

Now that the Waheed government wants to go ahead with share sale in MACL, has he sought or planned to seek Majlis approval for this? He doesn’t have majority in the Majlis now since DRP and MDP have joined hands and this proposal is likely to be shot down given the lack of any ground work as well as his own unpopularity with majority of the Majlis.

Leaving aside Majlis approval, it is not even clear if the majority of the MACL board has passed a resolution authorising any such sale or shares. There are only two statements made by members of the government till now in this regard – by Finance Minister Abdulla Jihad confirming that “40 percent of the shares will be sold to Maldivian public and Maldivian companies as soon as possible” and by the President’s Office confirming the intent of this sale in the next seven days.

MACL CEO Bandhu Saleem has deflected all questions to the Minister of Finance, who has in turn deflected all the detail related questions to the Attorney General. The Attorney General has not spoken on this in public till date, let alone answered any questions in this regard.

7. An ill-timed transaction that suits vested interests

The Maldives is burning today – literally so with Monday morning’s arson attack on the pro-opposition media house Raajje TV. Protests are taking place every day and every night on the streets of Male’ calling for elections as scheduled and for restoration of the basic constitutional right to vote. Credibility of the Supreme Court and other state institutions is under the scanner and the country is almost in a state of constitutional void.

Whichever way one looks, the political environment couldn’t have been more ill-suited for carrying out one of the most significant multi-million dollar economic transaction, of a public asset, in the history of the Maldives.

However, this is also the reason why it is the most suited for a malafide transaction since the national agenda is dominated by fears for the future of democracy. This provides the perfect opportunity for undertaking the most outrageous looting of a national asset and sweeping it under the carpet. Public memory is too short to remember this for long and too preoccupied right now to notice anything else.

8. More of the same game that has been played a few times over the last one and a half years

During Waheed’s tenure over the last 1.5 years, his Transport Minister signed a 99-year lease extension for Mamigili Airport in favour of his political boss Gasim Ibrahim. On the face of it, the minister was fired but the decision was never reversed. The loss that this ad-hoc extension may have caused to the exchequer was never quantified and never spoken about in public.

Under Waheed’s tenure, KASA Holdings owned by ‘Champa’ Afeef bought 30 percent of Addu International Airport for ~US$4 million, thereby valuing Gan Airport at close to US$13 million. This was a private transaction of a public asset and was done under utmost secrecy with news of the sale  given only afterwards in a press briefing by STO’s Managing Director Shahid Ali. There was no justification, no clarification and no questions asked or answered with respect to this private sale of a public asset. It is not even known till date whether the company was even valued higher than the scrap value of its assets.

A very rushed-up transaction, no discussion or record of economic merit, bypassing the Majlis and an eerie silence about the transaction until it is completed have all been fundamental to the modus-operandi till date.

Clearly, this sale of shares in MACL is more of the same game that has been played again and again under Waheed government.

Summing up, this is about to be the biggest looting ever done in the Maldives and it is happening right now in front our very own eyes, orchestrated by a man  none of us ever elected and 95 percent have rejected less than a month ago.

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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Police arrest 12 during large MDP protest on charges of police assault, obstruction

The Maldivian Democratic Party (MDP) held a large protest on Saturday night calling for immediate elections, with thousands of participants in several locations in the capital city Male’.

The rally – which started from the party’s rally grounds near the Tsunami monument – split up into three different groups while walking down the main road of Majeedhee Magu.

The leading group, with several MPs in attendance, was stopped near the parliament building by police and Maldives National Defence Force (MNDF) lines. The second group, consisting of mainly female protesters, was blocked near the National Library by SO police officers, while the third group went to the Chandhanee Magu-Fareedhee Magu junction where the MDP has been holding protests for over a week.

Protest one – near the parliament

The protest near the parliament – with over a thousand in attendance – was headed by MDP Vice Presidential candidate Dr Mustafa Lutfi, Chairperson ‘Reeko’ Moosa Manik and MPs Imthiyaz Fahmy, Ahmed Rasheed, Ahmed Sameer, Mohamed Shifaz, Mohamed Gasam and Ahmed Easa among others. Several MPs addressed the crowd via sound systems on one of the many campaign lorries that accompanied protesters, constantly playing party-themed campaign songs.

While a line of regular police officers, referred to as ‘Blues’, in riot gear formed the first security line behind the barricades, about 12 Special Operations (SO) officers in full riot gear and holding shields lined up about 10 feet behind them, with yet another security line behind them formed by over a dozen MNDF soldiers, also in riot gear.

The protest continued at the area until just after midnight, though numbers at the location decreased to a few hundred by then. The protesters then marched to join the main cell of protesters who were by then at the Majeedhee Magu-Chandhanee Magu junction. Police barricaded off Majeedhee Magu near the Agora Superstore, which led to the loudly chanting protesters taking a detour through side roads to join the main group, reaching the junction despite police hurrying to block off side roads.

Protest two: Chandhanee Magu-Fareedhee Magu junction

The second group of protesters marched down Chandhanee Magu to the party’s protest site of previous nights, which have followed the Supreme Court’s indefinite delay of the presidential election run-off.

Minivan News observed a number of protesters wearing helmets and dive masks, with one protester saying “this gear is protection against the police’s random attacks with batons and pepper-spray every night”.

SO officers worked to disperse crowds and bring back order after alleged violence incidents took place, including a CCTV camera at the junction smashed to pieces by a man with a large piece of wood. MNDF officers formed a security line between media and the police and protesters.

Police have since announced a manhunt for the person allegedly responsible for smashing the camera, identifying him as Kamil Ibrahim of Beach House from the island of Ukulhas in Alif Alif Atoll.

Police ordered media to remain on the pavement behind police and MNDF lines while the SO officers took possession of the alleged “weapons of violence”, arresting offenders and dispersing crowds, warning media that “if you get off the pavement, you will be removed”. Asked what they meant by “removed”, one officer stated that media “will find out if you step off that pavement”.

Media were however allowed to take photos once police had finished gathering up the ‘weapons’ that were allegedly gathered from the protest site.

One protester claimed to have seen a police vehicle unload bits of wood on Fareedhee Magu, which police allege were collected from the crowd. Minivan News could not confirm these reports as media was ordered to stay behind security lines during the time.

Protesters were pushed off the site, which caused the crowd to split into groups in three different locations: near Maldives Monetary Authority (MMA) offices, near Fantasy Store on Fareedhee Magu and near the National Museum on Chandhanee Magu.

After police pushed backed the crowd, the SO loudly chanted their oath, after which Minivan News heard the commander on duty ask the officers to “without much ado, just arrest anyone in any area in Male’ who you think has consumed alcohol”.

Police then went into the crowds and searched a number of protesters and smelled their breath, allegedly checking for the smell of alcohol.

Protest three: near National Library

The final group consisted of over a thousand protesters, mainly female. They marched through the first set of barricades, with protesters voicing intentions to reach Republican Square.

The protest was brought to a halt just in front of Medhuziyaaraiy Magu on the street around the corner from the National Museum by scores of SO officers in full riot gear, wielding batons.

Protesters remained in the location for approximately an hour before police attempted to disperse the crowd, leading them to regroup and join protests on Chandhanee Magu, where police lined up barricades a few feet away from the National Museum.

Sitdown at Chandhanee Junction

At around midnight, protesters in different locations started joining the majority of protesters who were at the Majeedhee Magu-Chandhanee Magu junction.

With a few thousand protesters at the site at around 1:00am, still chanting and asking for immediate elections, a police truck with several SO officers rode through the crowd, taking photos and videos of the protesters.

Protesters initiated a sit down in the middle of the junction at around 2:00 am, with MDP Vice Presidential candidate Dr Mustafa Lutfi and a number of MPs still active in the site.

At 2:40 am, two trucks with over 20 SO officers arrived at the protest site. Minivan News observed at least two people being taken into custody.

An hour later, the SO dispersed the hundreds of protesters still left at the site, arresting additional protesters after frisking many.

Response

“The October 5 protest was an unconstitutional gathering,” a police media official told Minivan News on Sunday.

“Twelve people were brought under police custody at last night’s protests, all of whom were arrested on charges of assaulting police officers, disobeying police orders and obstructing police duties. We are currently working to find the man who is accused of breaking the security camera on the Chandhanee Magu – Fareedhee Magu junction,” he said.

Police said eight out of the 12 arrestees have had their detentions extended by a week by the court today, with one person detained for an 15 days.

Police also confirmed that two persons have been arrested this afternoon on a fishing vessel from Ukulhas – the island of origin of the man police are looking for in relation to the smashing of the security camera – which was docked in Male’ harbour.

Meanwhile, the Human Rights Commission of Maldives (HRCM) has released a statement noting that during its protest monitoring “some people gathered at the Chandhanee Magu – Fareedhee Magu junction at last night’s protests used wooden bats in a manner which was not peaceful and has conducted unlawful activities. We condemn this act and call on all to exercise the right to freedom of expression in a peaceful manner.”

The statement also said that the commission is receiving a number of complaints about the ongoing protests disturbing the studies of students preparing for their GCE O’Level exams, and called on protesters to not obstruct the students’ right to learn.

The Maldives Police Services has said it will file complaints against the MDP with the relevant authorities for conducting “violent” and “illegal” protests.

Police footage of a protester smashing a CCTV camera and threatening officers

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“Potential for trouble”: UN Security Council briefed on Maldives

The UN Security Council has been briefed on the situation in the Maldives, following the suspension of the run-off elections, ongoing protests and the submission of a “letter of concern” signed by senior military officers to their leadership.

UN Assistant Secretary-General for Political Affairs Oscar Fernandez-Taranco briefed the Security Council on Wednesday.

Citing a diplomatic source present at the briefing, AFP reported the senior UN official as warning the 15-nation council that recent democratic gains were “under threat” and that there was “potential for trouble”.

“We continue to follow the situation in the Maldives with concern in light of the mounting tension following the postponement of the second round of its presidential election,” said the UN Secretary General’s spokesperson Martin Nesirky, at a press briefing on Friday.

The UN Security Council Briefing came a day after Acting Foreign Minister Dr Mariyam Shakeela addressed the UN General Assembly, and blamed “external forces” for “concerted efforts to prevent the emergence of an indigenous democratic system of governance in the Maldives [by] attempting to shape the outcome of, what is, an internal issue”.

“Democracy consolidation is not just about holding elections. Nor is it about having a democratically sound Constitution. In the Maldives too, we quickly found that changing the Constitution, or having a multi-party election, did not instill democratic values within our society,” Dr Shakeela told the UN.

Instability

The Supreme Court indefinitely postponed the second round of the run-off elections, initially scheduled for September 28, after third-placed candidate Gasim Ibrahim alleged electoral irregularities and declared “God Willing, Gasim will be President on November 11″.

The injunction was issued despite unanimous positive assessments of the polling by local and international election observers. The EC meanwhile contested the credibility of the evidence submitted to the court, observing that even if factual it was insufficient to impact the results of the first round. The subsequent delay of the second round was met with global concern.

Gasim was nonetheless joined in the case by second-placed Abdulla Yameen, and Attorney General Azima Shukoor, his former lawyer.

A second Supreme Court ruling issued at midnight prior to the vote ordered police and military to enforce the suspension, leading to police surrounding the Elections Commission (EC) and issuing an ultimatum. The EC relented, stating that it would be unable to hold the election without police and state cooperation, and noting that its staff had received threats of death and arson.

Now, two weeks after the suspension of the election, the hearing for the Supreme Court’s verdict has yet to be scheduled.

Protests resulting from the suspension of the election have led to other countries including the UK, China, Canada and Australia to upgrade their travel advisories to the luxury tourism destination, while port workers, customs officials, air traffic controllers and ground handling staff have staged strikes.

Senior officers of the Maldives National Defence Force (MNDF) last week sent a “letter of concern” to Chief of Defence Force Major General Ahmed Shiyam, “over the Supreme Court’s order to delay elections, the failure of state institutions, and the possible politicisation of the military, and asking that unconstitutional orders not be issued,” according to one signatory.

The letter prompted a rapid reshuffling of the organisation, dismissals, suspensions, resignations, warnings to media and amendments to its regulations to to impose punishments on officers found guilty of inciting ‘upheaval and chaos’.

Former Brigadier General Ibrahim Didi, Male’ Area Commander at the time of the controversial 7 February 2012 transfer of power, meanwhile wrote a letter urging officers to “not give the opportunity to anyone who plans to rule this country by taking the laws to their own hands and override the constitution and undermine the constitutional framework of this country.”

“After November 11, 2013, regardless of who gives the orders and regardless of the situation, I sincerely urge the military to not let anyone take over the country in contrast with the provisions in the constitution, as this would have dire consequences,” he wrote.

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Comment: Yameen the Meek

So much for ‘Yameen The Strong’, the tough, gunda boss: alleged purveyor of illegal oil to the Burmese Junta and other illegal substances to Male’s youth. Instead, he should be known as Yameen The Chicken, or Yameen The Meek.

For Abdulla Yameen is clearly scared of the Maldivian electorate, and afraid of losing the second round presidential polls. Why else would he conspire with half-brother Gayoom to get the Supreme Court to indefinitely postpone the vote? There can only be one explanation for PPM’s delaying tactics: Yameen knows that in a second round fight, the MDP’s Mohamed Nasheed will kick his ass.

Yameen’s election campaign has been lacklustre at best. He rarely campaigns, his policies sound as if they are made up as he goes along and, as I pointed out in my previous column, Yameen seems incapable of dropping his semi-permanent and voter-off-putting sneer.

Yameen barely scraped second place in the first round on 7 September, despite inheriting the second largest political operation in the country: the PPM. Yameen acquired a paltry 25.35 percent of the vote, to Nasheed’s 45.45 percent. Since then, the DRP has joined forces with Nasheed, likely pushing his vote above 50 percent and leaving Yameen’s campaign in big trouble.

And so, rather than choosing to man-up and fight Nasheed head-on, Yameen has hidden behind a bench of thieves, porn-stars and illiterates otherwise known as the Supreme Court of the Republic of Maldives.

The Supreme Court has entertained a ludicrous case about voter irregularities by third-placed Gasim Ibrahim – another Gayoom stooge. This farcical trial, involving witnesses “who heard from someone there was voter fraud”, has been used by the court to delay the second round indefinitely, despite numerous foreign and local election observers praising the vote for being free and fair.

Yameen’s gambit appears to be to delay the second round for as long as possible – perhaps until the New Year – so, in the words of his lawyer, PPM has “time to campaign.” Or maybe his game-plan is to get rid of the Elections Commission, so his mate Abdulla Riyaz – Police Commissioner and coup d’état perpetrator extraordinaire – can take over the voting process and rig it in Yameen’s favour.

Yameen’s running mate, Mohamed ‘Angry Bird’ Jameel has even muttered dark thoughts about disqualifying Nasheed from the race entirely, by re-starting the politicised trial against him over his decision, when president, to detain a corrupt judge.

Yameen’s undemocratic (and unconstitutional) behaviour might not be surprising. He is, after all, the little brother of a vicious dictator. But it does smack of cowardice. Because leaders – real leaders, that is – don’t hide. They don’t cower. And they don’t duck out of a fight, and get big brother to fight it for them.

Yameen has been accused of many things since the start of the election campaign. Hassan Saeed vowed to put Yameen on trial for the theft of US$800 million of state-owned oil, which Yameen allegedly stole while head of STO. Umar Naseer claimed Yameen peddles drugs, and pays street gangs to attack his political opponents. Mohamed Nasheed has called on people to be “mindful” of Yameen’s dark past and dodgy character.

But now the PPM candidate faces a new charge. One that, for an aspiring Head of State, is perhaps most damaging of all: that he is a chicken and a coward. He is Yameen The Meek.

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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Don’t interfere in Maldives’ internal affairs, acting Foreign Minister tells UN General Assembly

The Maldivian government has called on the UN to ensure “non-interference in internal affairs of sovereign states.”

In her address to the UN General Assembly on October 1, Acting Foreign Minister Dr Mariyam Shakeela referred to “concerted efforts by external forces to prevent the emergence of an indigenous democratic system of governance in the Maldives [by] attempting to shape the outcome of, what is, an internal issue”.

Dr Shakeela’s comments follow global concern over the Supreme Court’s indefinite suspension of a constitutionally-mandated run-off election scheduled for September 28. Police enforced the order on Saturday by surrounding the Elections Commission with orders to storm the building and seize the ballot papers unless the commission capitulated.

“Democracy consolidation is not just about holding elections. Nor is it about having a democratically sound Constitution. In the Maldives too, we quickly found that changing the Constitution, or having a multi-party election, did not instill democratic values within our society,” Dr Shakeela told the UN.

“For democracy to be cultivated and consolidated, the supremacy of the constitution must be upheld above all. The institutional deficiencies we face, must be addressed within constitutional provisions. And the political leadership must sustain an unshakable commitment to the principles and values of states.”

Presidential candidate Gasim Ibrahim, who placed third in the first round with 24.07 percent of the vote, went to the Supreme Court seeking to annul the vote alleging widespread electoral fraud and declaring “God Willing, Gasim will be President on November 11”.

He was swiftly joined in court by second-placed Abdulla Yameen, who received 25.35 percent of the vote, and Attorney General Azima Shukoor, Yameen’s former lawyer. Siding against the Elections Commission, the three alleged electoral irregularities despite the unanimous positive assessments of local and international election observers, including the UN itself.

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

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

Dr Shakeela meanwhile told the UN that “Some of the parties that competed in the election have identified serious issues with the conduct of the elections, and have asked the Supreme Court of the Maldives for a ruling. We are expecting the Court to come out with a ruling in the coming days. The integrity of the second round of our Presidential election cannot be maintained without ensuring the integrity of the first round through Constitutional means. We await the Supreme Court’s verdict to continue the electoral process.”

Dr Shakeela went on to accuse “some external forces” of “attempting to shape the outcome of, what in effect is, an internal issue. The Maldives is small. Our democracy is at an infant stage. Our institutions are young. That does not, however, mean that larger countries have a right to intervene and attempt to dictate outcomes in domestic affairs of the Maldives.”

Protests resulting from the suspension of the election have meanwhile led to other countries including the UK, China, Canada and Australia to upgrade their travel advisories.

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Maldives foreign travel advisories updated after recent protests

The UK, Australia, Canada and China have updated their travel advisories on the Maldives, warning of intensifying political instability and encouraging their nationals to take care, especially in the capital city of Male’.

“Demonstrations have already started in the capital, Malé and on some non-resort islands. Further demonstrations are likely. Previous political demonstrations have led to violence and arrests. Friday afternoons are traditionally potential flashpoints,” stated the September 27 notice on the UK Foreign and Commonwealth Service’s travel advisory service.

The guidance urged visitors to keep away from demonstrations: “There is no indication at present that any political unrest will affect tourist resorts or airports, but if you have any concerns you should check with your hotel or tour operator,” the statement read.

The Australian alert on the government’s Smart Traveller website flagged Male’ yellow and urged travellers to “exercise a high degree of caution” in the capital due to “unresolved political tensions and risk of further unrest and violence.”

“Since February 2012, there have been regular political protests in Male, some of which have turned violent. The political environment remains uncertain and further violent clashes could occur. You should avoid public gatherings and protests, particularly in Male, as they may turn violent. Extra care should be taken when moving around Male’ after dark,” stated the advisory.

The Canadian alert urged travellers to “exercise a high degree of caution” due to civil unrest, stating that “the political situation is volatile following the indefinite postponement of the second round of presidential elections by the Supreme Court. Demonstrations by political parties are likely to occur.”

The Chinese advisory, updated on September 27, noted that while the Maldivian social order “is generally stable”, “partisan conflicts around the presidential elections are intensifying.”

The Chinese Embassy in the Maldives urged Chinese visitors – who make up 25 percent of all tourism arrivals – to monitor the local security situation, contact and confirm the hotel booking before departure, and avoid non-essential travel to Male’.

Friday’s protests were also extensively reported by Chinese state-run press agency, Xinhua.

The US Embassy in Colombo previously issued a travel notice to US citizens planning to travel to the Maldives, stating that the run-off presidential election previously scheduled for September 28 “has been postponed.”

“The U.S. Embassy recommends that US citizens exercise caution, avoid large crowds, and monitor media coverage of local events,” the advice read.

Tourism dependency

The vast majority of tourism to the country is through package tours and holidays, with guests arriving on the airport island of Hulhule and being taken by boat, seaplane or domestic air transfer directly to their resort islands without stepping foot on Male’.

The tourism industry’s traditional market has been the UK, Italy, Germany and Russia, however following the 2008 recession this market has been displaced with a surge in Chinese arrivals. Smaller but growing markets include the Middle East and Eastern Europe.

The Maldives is indirectly dependent on this luxury tourism industry for over 70 percent of its GDP and up to 90 percent of its foreign currency exchange. As small island nation with scarce natural resources and very little agriculture, the Maldives also has near-total reliance on imports, particularly for tourism commodities.

The Tourism Employment Association of the Maldives (TEAM) last week indicated that it would encourage its 5000 members to strike should the election be delayed, while the Maldives Port Workers Union (MPWU) went on strike today “to send a message to the government”.

While the political situation in Male on Sunday remained tense ahead of an expected but unscheduled Supreme Court verdict on the fate of the run-off election, protests over the past several days were confined to just several intersections in the capital.

Yesterday’s protest near Male’s main tourist street attracted small crowds of passing Chinese and German tourists who took photos of the rally. A group of four Germans, asked what they thought was happening, said “I don’t know, something to do with the flags?”

Tourism Minister Ahmed Adheeb told Minivan News yesterday that international media coverage of proposed strike action predicting “travel misery” for UK tourists travelling to resort was “irresponsible”, and challenged the veracity of reports such as that in the Independent’s travel section.

“The scuba dive tanks will stay empty, the pool towels unchanged, and there will be nobody on hand to mix a cocktail [should the protests go ahead],” wrote the paper’s Whitehall editor, Oliver Wright.

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