Tag: maldives election

Comment: When you’re voteless in the Maldives, resistance is not futile

This article first appeared on Dhivehi Sitee. Republished with permission.

Saturday dawned as crisp, sunny and beautiful as any other day in the Maldives. The clear blue skies belied the dark cloud that descended over a majority of the country’s population after the beleaguered Elections Commission announced shortly before midnight on Friday that the Supreme Court, and other allied state institutions, had left it with no choice but to call off the second round.

What the Elections Commission has been forced to call off is hope — the expectation that democracy will be restored in the Maldives on 11 November 2013.

For 19 long months, a majority of Maldivians have dedicated most of their lives to winning back democracy from the authoritarian gang that came to power on 7 February 2012. The fight has been all-consuming and has affected every single Maldivian one way or another.

In the immediate aftermath of the coup came the violent confrontations with the security forces. Hundreds were beaten up, arbitrarily arrested, detained without charge, and ordered to obey, or else. Basic human rights—freedom of assembly and expression—were rolled back. Foreign ties were broken coldly, with little care for international norms or the inevitable consequences. The economy suffered blow after blow, leading to bankruptcy with little hope for recovery in the foreseeable future.

Working with unscrupulous ‘religious scholars’, intense nationalism was promoted in parallel with virulent xenophobia against any foreign actor that promoted democracy. Ties with autocratic regimes were fostered, along with relations with international gangsters known for drug trafficking and money laundering. National assets were sold off and deals made with unscrupulous foreign governments that spoke democracy but acted with nothing but their own national interest in mind. Unexplained murders, gang-related crimes, drug abuse and sexual offences increased exponentially.

The international community’s decision to condone the coup and endorse it as ‘a legitimate transfer of power’ was a major blow, but not enough to kill the Maldivian people’s desire for democratic governance. In the face of intense pressure from the international community to obey, to put stability before rights, to follow ‘the democratic process’, combined with brutal force by domestic authorities, the street protests could not be sustained. But supporters of democracy did not give up. Led by Mohamed Nasheed and the Maldivian Democratic Party, Maldivians channeled their frustrated hopes into campaigning for a democratic election instead of protesting on the streets.

MDP’s presidential campaign has been an exemplary democratic exercise – the ‘costed and budgeted’ manifesto it brought out in August this year is the embodiment of a majority of Maldivians’ hopes and dreams for the future. It is based on views and opinions gathered from people on every inhabited island and it envisions a future in which the Maldivian people will, at long last, be empowered to work for their own socio-economic progress under a government that a majority of them have elected of their own free choice. Of course, it is naive to think that every desire would be fulfilled, but at least everyone was asked what they wanted, everyone had a say, and everyone could take ownership of their own future. No such bottom-up exercise has ever been conducted in the long authoritarian history of the Maldives.

On 7 September, 88 percent of the electorate turned out to vote. 45.45 percent of them voted for Mohamed Nasheed, 25.35 percent for Abdulla Yameen, 24.07 percent for Gasim Ibrahim, and 5.13 percent for Mohamed Waheed. Nasheed did not get the 50 percent plus one needed for an outright win, but the Maldivian map, from north to south, was all yellow at the end of voting that day. Most people in all atolls bar two want a democratic government led by Nasheed.

The authoritarians know this, always did. Plan B was there from the start – let them have their vote if they must, but the results will always be ours, as we want it. Over a thousand observers, local and foreign, verified the election as free and fair. Except for minor errors, expected in any election anywhere in the world, it went without a hitch. Only 25 percent of the Maldivian people want Maumoon Abdul Gayoom’s autocratic rule to continue. That’s when the stubborn septuagenarian called in all the stops and brought into full play the dregs of dictatorship that continued to infect Maldivian democracy throughout the three years or so it lasted.

Gayoom has played his old house-boy Gasim well. Taking full advantage of Gasim’s indignation about not having received the votes he paid for, Gayoom has dictated most of the Supreme Court bench – the most corrupt of the many corrupt state institutions – to rule in Gasim’s favour, bringing the Maldives to where it is today: a constitutional vacuum into which Gayoom can effortlessly step in and ‘rescue’ us from ourselves. If Gasim thinks that Gayoom will let him take the president’s oath on November 11, he is an even bigger fool than he has repeatedly shown himself to be.

The Supreme Court did not just issue an injunction against the second round, it also ordered the security forces to act against anyone who tries to go ahead with the polls. One can only imagine the elation of the baton-happy coup-Police Commissioner Abdulla Riyaz who immediately deployed his forces to the Elections Commission, sealing the Commissioner and staff off from interaction with anyone local or foreign.

Efforts for mediation by the international community were not just prevented by the police, but strongly criticised by Gayoom’s minions. With his daughter at the helm of foreign relations as the State Minister of Foreign Affairs, it summoned India’s High Commissioner for a good telling-off for attempting to help disenfranchised Maldivians. The government has not stopped spurning the international community since, and will not stop until it becomes clear to everybody – at long last – that Gayoom and his followers will not allow democracy in the Maldives, whatever it takes.

The truth of the matter is, and has been since 7 February 2012, is that there will be no election in the Maldives as long as Nasheed, the champion of the Maldivian democratic movement, is in the running. So the focus has now returned to the farcical prosecution of Nasheed, through the very courts that have proved again and again that they are neither independent nor respectful of the ‘judicial process’. The machinations are fully underway to annul the first round and put Nasheed behind bars before calling fresh elections, if there are to be any. Reports say Gayoom himself is planning to run if and when new elections are held, his ‘economist’ brother having failed to live up to family expectations by not being able to garner much support.

Having lived under Gayoom for most of their lives, a majority of Maldivians remain oblivious to the fact that indefinitely delaying the elections is a robbery of their fundamental right to vote, and not just that of MDP members or supporters of Nasheed. Their gloating about the cancellation of the election is both sad and sickening. They will do everything in their power to help bring Gayoom, and their own enslavement, back to life.

For the rest of Maldivians, the only choice left is to refuse to obey. Power, contrary to popular belief, is not something that can be taken away by force. It can only be given away, by the people, if we so decide.

Resisting a full-fledged authoritarian reversal has been a long hard slog that has taken a heavy emotional, financial and social toll on all of us. Sustaining the resistance will be difficult, and all out civil disobedience would be even harder; but do it we must, if we are to be in control of our own destiny. What we must keep in mind is: nobody can govern us without our consent. It is within our power not to give it.

Dr Azra Naseem has a PhD in International Relations

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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CMAG expresses “concern at developments” in the Maldives following first round of polling

The Commonwealth’s human rights and democracy arm has “expressed concern at developments” in the Maldives following the first round of elections.

The Supreme Court last week suspended the run-off election indefinitely after the third-placed candidate with 24.07 percent, Gasim Ibrahim, demanded the vote be annulled alleging widespread electoral fraud and declared “God Willing, Gasim will be President on November 11″.

The party of second-placed candidate Abdulla Yameen – the Progressive Party of the Maldives (PPM) which attained 25.35 percent of the vote behind front-runner Mohamed Nasheed’s 45.45 percent – backed Gasim’s court case. Attorney General Azima Shukoor – formerly Yameen’s lawyer – also intervened against the Elections Commission (EC). A verdict is expected at the next hearing.

The Commonwealth Ministerial Action Group (CMAG) on Friday meanwhile noted that its election observation team had determined the September 7 polls were “a credible electoral process and met the standards for democratic elections to which Maldives has committed itself.”

“Ministers further noted that national and other international observers had concluded that the 7 September election was competently administered, and that the Maldivian people had been free to express their will through the ballot,” CMAG stated.

“In this context, CMAG Ministers expressed concern at developments since the declaration of results of the first round poll, with one unsuccessful party having filed a case with the Supreme Court to annul the first round of the election because of alleged electoral fraud, and the Supreme Court subsequently issuing an injunction to delay the second round of the election until a court ruling is delivered in that case,” the statement read.

“Noting that, under the Constitution of Maldives, a new President is required to be sworn in by 11 November 2013, CMAG Ministers urged all those concerned to ensure that the second round of the election is held at the earliest possible date so that this constitutional requirement is met,” the statement added.

Following CMAG’s meeting in New York on Friday, Canadian Foreign Minister John Baird joined Maldivian pro-democracy demonstrators outside the Australian consulate.

Following the Supreme Court’s indefinite suspension of the election last week, Baird in a statement had warned the delay was “troublesome and can only lead to more instability”, and pushed for the Maldives to be put on CMAG’s formal agenda.

Canadian Foreign Minister John Baird with Maldivian demonstrators

Government responds

The Maldivian Foreign Ministry meanwhile put out a statement noting “media speculation” that the Maldives could be placed on the group’s agenda.

“The current political situation in the Maldives is one in which the Government is upholding constitutional supremacy, and the rule of law. Therefore, questions about placing the Maldives on the formal agenda of the CMAG are nothing more than speculations and have no basis,” the statement read.

Acting Minister of Foreign Affairs Dr Mariyam Shakeela represented the Maldives at the CMAG meeting, “and advocated on the need for reforming the Group in order to make the body a more effective and credible one that can help, not hamper, democracy consolidation in the Commonwealth member countries,” the statement read.

“The Minister also highlighted on the need for the CMAG to take matters in proper context, and not to over-react on delicate situations in member countries,” it added.

Following the meeting, Minister Shakeela “expressed pleasure about the deliberations and noted that as a member of the CMAG, the Maldives believes that the Group’s credibility can only be maintained if careful, considered, and impartial decisions are made on critical issues of importance relating to members of the Commonwealth.”

Deputy Leader of Gasim’s Jumhooree Party, Dr Ibrahim Didi, was meanwhile quoted in Sun Online as calling on CMAG not to “enslave or threaten” the Maldives.

“We are ready to leave the Commonwealth if necessary,” Sun reported Didi as saying.

“Some Maldivians think we will starve if we leave the Commonwealth. But this won’t happen. Some people think it is a big organisation and that if they cut assistance we will starve. The Commonwealth have only given us a few diploma courses,” he stated.

Indian High Commissioner summoned

The Maldivian government has also summoned Indian High Commissioner Rajeev Shahare to express what Sun Online reported was “discontent” over the High Commissioner’s meeting with Elections Commissioner (EC) Fuwad Thowfeek on Friday.

Shahare met with Thowfeek at the EC shortly before the building was surround by police, carrying orders to take over the building and ballot papers should EC staff continue with preparations for holding Saturday’s scheduled election.

Sun reported a Foreign Ministry official as stating that Shahare met with officials at 7:00pm on Friday.

“We had a meeting with the Indian High Commissioner [Friday] night, but we cannot reveal details of the meeting,” Sun quoted the official as saying.

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Polling day cancelled in the Maldives – “Irreparable damage to the state”, says EC

The Elections Commission (EC) was last night surrounded by special operations police with orders to take over the building and ballot papers and arrest officials, should it continue preparations for today’s scheduled presidential run-off election.

The Maldivian Democratic Party (MDP), which had urged its supporters to vote on the day, marched on the Supreme Court and was blocked by police and pepper-sprayed. Many resort workers also indicated they intended to go on “prolonged” strike should the polls be delayed.

The besieged EC finally declared last night that it was unable to hold today’s planned polls due to a lack of cooperation from the government, including from the police, Education Ministry, Finance Ministry and Home Ministry.

The commission also said its members and staff had received death threats and threats of arson attacks on ballot boxes should it go ahead with the election. It issued the following statement:

As article 111(a) of the constitution of the Republic of the Maldives states that if no candidate receives over 50 percent of the vote, a run-off election must be held within twenty one days after the first election, this commission announced on September 14, 2013 that the second round of the 2013 presidential election shall be held on September 28, 2013 and made all preparations necessary to hold the election on that date.

However, of the state institutions whose assistance the Elections Commission requires to hold the election, the Ministry of Education took restrictive measures and said it would not provide premises to place ballot boxes and release employees who work as election officials, the Ministry of Home Affairs said it would not offer cooperation and threatened to arrest commission members, and the Ministry of Finance Treasury said it would not release funds and imposed restrictive measures. Further, the Maldives Police Service said it would not cooperate and ceased providing security requested by the commission for the second round of the election. And Assistant Commissioner of Police Hassan Habeeb called the chair of the Elections Commission on the night of September 26, 2013 and warned that [police] would not allow the election to take place.

Furthermore, we note with regret that some political parties have threatened to set ballot boxes on fire and death threats have been made against Elections Commission members, staff, and officials involved in the voting process. As a result, Elections Commission members and staff have been plunged into a state of fear. The commission believes that this would also cause irreparable damages to the general public, the Elections Commission and the state.

The Supreme Court order 06/SC-SJ/2013 (September 26, 2013) instructed and ordered the security forces of the Maldives under article 237 of the constitution to immediately put a stop to any preparations by the Election Commission for voting in the second round of the presidential election held on September 7, 2013. And police have now closed the Elections Commission office to deny entry to members, staff and any outside parties.

As article 170(a) of the constitution which states the responsibilities and powers of the Elections Commission stipulates that it is the legal responsibility of this commission to ensure the proper exercise of the right to vote and [ensure that] all elections and public referendums are conducted freely and fairly, without intimidation, aggression, undue influence or corruption, and since the commission does not believe such an atmosphere presently exists in the Maldives, we announce that voting in the second round of the presidential election scheduled for September 28, 2013 has been postponed.

The election was suspended indefinitely by a Supreme Court order on Monday night (September 23), a decision that sparked global concern from international actors.

The court opened again at midnight on Thursday (September 26) after the EC indicated that it would go ahead with the polls as constitutionally mandated, and six out of seven justices ordered security forces to forcibly halt any election preparations.

Local legal experts have questioned the court’s authority to go against the constitution.

The stand-off ended late last night after the EC conceded that it would be unable to conduct the election without government support.

Police stated last night that they would allow EC staff to return to the building, but continued to cordon the area: “The decision to delay the second round of the elections made by the Commission might result in a negative reaction by individuals or groups who do not support the decision,” read a statement.

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8:20pm Protest crowd thins to around 200 people. MDP vice presidential candidate Mustafa Lutfi just voted in the demonstration’s faux-ballot box.

6:15pm Crowd at MDP reported to have grown to 400 people.

6:10pm Jumhoree Party (JP) Policy Secretary Mohamed Ajmal has said the party remains confident a new elected head of state will still be inaugurated on November 11, even if the Supreme Court decides to null the first round vote held on September 7.

Ajmal said that the JP was now waiting to see if the the Supreme Court decides to annul the election, in which it narrowly finished in third place, based on the party’s allegations of voter irregularities, before it looks to begin to re-start campaigning.

“We will always follow principals of law and don’t want to see fighting or instability in the country,” he said.

On the basis of recent concerns from international governments and local NGOs at the delayed vote, Ajmal said he the JP shared the PPM and MDP’s concerns about having an election as soon as possible.

“We would want election during the course of next month,” he said.

6:05pm Sun Online reports that a PPM campaign office in Male’ was vandalised by a group of people early on Saturday morning.

According to Sun, windows and a television in the office were broken, and the walls splattered with paint.

An MDP office was also reported vandalised, with a glass front door smashed.

6:00pm Protesters have set up a desk in the middle of fareedhee magu with a plastic ballot box that people are voting into.


5:50pm – Haveeru reports police as stating that eight of the 10 MDP protesters arrested during yesterday’s protests remain in police custody.

Minivan News saw at least two demonstrators dragged through police lines and arrested, including DRP MP Mohamed ‘Colonel’ Nasheed. A Haveeru journalist was also arrested and reportedly taken to the Dhoonidhoo prison island, before being released four hours later.

5:45pm Protesters posting ballots into a cardboard ballot box described the Maldives as “Afghanistan, only the clothing is different.”

“We have no human rights. We don’t want tourists to come,we don’t want their dollars, it all goes to the businessmen & so called scholars that lead this coup,” another protester told Minivan News.

5:35pm TEAM Secretary General Mauroof Zaki confirms to Minivan News that two employees from Sun Travel’s Iru Fushi resort have been dismissed today.

5:32pm With the UK, EU, UN, US, Commonwealth, India, Canada and Australia all having expressed alarm this week over the Maldives’ sudden suspension of the second round of its ongoing presidential election, Tourism Minister Adheeb has downplayed suggestions tourism could be negatively impacted as a result.

Adheeb pointed to the Maldives government’s representation at the Commonwealth Ministerial Action Group (CMAG) where the country explained its stance on the election delay.

“Our position was explained and taken well [by CMAG]. The real situation can be twisted. One party in the election has raised concerns about the voting process. A candidate has the right to go to the courts to address grievances,” he said.

“Even in the US, there has been a situation where the results of a presidential election were brought before the court.”

Adheeb called for media to provided what he called responsible reporting on the delayed vote in the Maldives.

5:28pm In an interview with Minivan News earlier today, Tourism Minister Adheeb raised concerns of international media coverage of proposed strike action predicting “travel misery” for UK tourists travelling to resorts, believing such reports were irresponsible.

He questioned media reports suggesting that there would not be workers to hand tourists cocktails as a result of strikes, arguing that reports were inaccurate and damaging to the nation’s reputation.

The comments were made after the World Tourism Organisation (UNWTO) launched the celebrations for World Tourism Day 2013 at the Kurumba Maldives resort yesterday (September 27).

5:23pm MDP protest now up to 200 people on Orchid Magu, shouting to police “Where is the underwear” (in reference to Justice Ali Hameed), and “Where is my ballot paper?”

5:00pm Tourism Employees Association of the Maldives (TEAM) Secretary General Mauroof Zakir was not responding to calls from Minivan News to confirm allegations in social media of resort staff being fired for political reasons.

4:40pm Around 60 people at MDP protest. Around 20 police have cordoned off Orchid Magu as a handful of German tourists look on. The tourists explained to a Minivan News journalist that they were unaware of reasons for protest, but were a little concerned about the prospect of violence.

4:21pm The Villa hotels group, which is owned by Jumhoree Party (JP) presidential candidate and prominent businessman MP Gasim Ibrahim, told Minivan News that its numerous resort operations in the country were operating as normal.

A spokesperson for Paradise Island Resort and Spa in North Male’ Atoll said the property did not have any comment regarding strike action on the property, while Villa’s Sun Island Resort and Spa said there had not been any strike action on the site.

Meanwhile, Royal Island Resort and Spa said that “everything was normal” at the property, with recent political developments in the country having no impact on operations.

4:16pm MDP Spokesman Hamed Abdul Ghafoor has said that the “way forward” will be resolved by the party’s National Council at Dharubaaruge conference centre, at 2pm tomorrow.

Former Special Envoy to Nasheed Ibrahim Hussein Zaki has been placed in charge of compiling the ‘roadmap’.

When asked about the likely duration of today’s protest, Hamed said specific details were as yet “unclear”.

4:08pm During recently concluded MDP National Executive Committee, Mohamed Nasheed talked of a roadmap for progress.

3:35pm MDP are to protest outside of the STO trade center at four o’clock today.

3:30pm With major international media outlets reporting on “political chaos has tarnished the Maldives’ image as a tranquil holiday paradise”, Khaleel said that a failure to resolve the ongoing election dispute was likely to lead to long-term negative impacts on the industry.

“Maybe we will not see these impacts directly, but a mutual solution has to be found,” he added.

Khaleel said that international media would ultimately have an important role in any efforts to “improve” the Maldives’ image going forward.

“I would ask everyone to still come here and enjoy the tourism experience without involving themselves in domestic politics,” he said. “Domestic politics should not impact resorts, we need to keep politics and the economy separate.”

3:30pm The Maldives Journalist Association (MJA) have called on police to not prevent journalists from covering MDP protests against the delayed presidential election’s second round. MJA’s statement released today expressed concern about restrictions placed on local media and noted that several reports of imminent attacks on various media outlets have been received. Additionally, a Haveeru journalist was arrested while covering Friday’s MDP protest for allegedly disobeying police orders, however media personnel and witnesses refuted the claims. The journalist was taken to Dhoonidhoo detention facility and tested for narcotics before being released.

3:26pm Maldives Association of Travel Agents and Tour Operators (MATATO) Mohamed Khaleel has told Minivan News that he had not been made aware at present of adverse impacts to the resort industry from proposed strikes called for across the country by groups like the The Tourism Employees Association of the Maldives (TEAM).

With the run-off vote scheduled for today delayed pending further hearings from the Supreme Court Khaleel said that industry stability was “no doubt” reliant on the country have an elected head of state sworn into office as soon as possible.

“I think we need to understand the reason for the delay,” he said of the Supreme Court case currently being heard over whether to annul the first round of voting held September 7.

“I don’t want to see the election voided, but there are concerns needing to be addressed.”

Local NGOs, foreign governments, and organisations including the Commonwealth and UN praising the conduct of the first round of the election.

3:23pm Social media reports MDP supporters will protest in Delhi, Trivandrum, Bangalore, Hyderabad, Madras, Chandigar, and Mysore India today at 5pm local time.

2:35pm

2:32pm A spokesperson for Sun Travel and Tours, which is owned and operated by local businessman and media magnate MP Ahmed Shiyam, said the company had observed “no unrest” at its resorts despite calls for strike action.

“I cannot comment on the situation at our individual properties, but in general, we do not allow staff to hold public political demonstrations on the property,” said the spokesperson.

The company operates two four star and two five star resorts in the country, including the Noonu Atoll-based Iru Fushi, where certain staff earlier this year alleged facing political harassment following Sun Travel’s decision to terminate a management agreement with multinational Hilton at the site.

MP Shiyam is the head of the Maldives Development Alliance (MDA), which is currently part of a coalition backing Progressive Party of Maldives (PPM) presidential candidate Abdulla Yameen in the ongoing presidential election.

2:12pm Local NGO Transparency Maldives has released a statement today calling for all national actors, “especially the Supreme Court”, to respect the electoral process by upholding the constitution and electoral deadlines.

“Transparency Maldives did not receive any reports that suggest systematic fraud in its nationwide observation and no credible evidence that supports such allegations has been made public,” read the statement.

“Electoral disputes and tensions must be resolved in a speedy manner, and in addressing issues of national interest inclusiveness and acceptance of all relevant state and political actors are crucial for the long-term peace of the country.”

1:53pm Minivan News understands that that the National Executive Committee of the Maldivian Democratic Party (MDP) is presently holding a meeting with a statement expected to be released shortly.

1:27pm A spokesperson for resort group Anantara, which operates four properties across the country, confirmed employees had today asked management for permission to hold a “peaceful gathering” in support of certain political parties.

Staff at Anantara Kihavah Villas had requested to conduct such a gathering in their uniforms, but were asked to wear their own clothing instead – which they agreed to, claimed a spokesperson for the company.

“However, the event, if it takes place at all, will be done during their break in between the working hours,” added the spokesperson, who said that all four of the company’s resorts were being operated as normal.”

“It is business as usual and there are no effects on the guest experience.”

The company said that staff at its Anantara Veli, Anantara Dhigu and Naladhu Maldives resorts had been allowed to take pictures of themselves holding political paraphernalia such as banners or balloons, as long they were not wearing uniforms or displaying the resort group’s brand name.

1:00pm Tourism Minister Adheeb alleged that despite fears that strike action could do a lot of damage to the country’s tourism industry, calls by associations like TEAM had so far had a limited response from resort employees.

“So far TEAM has not got a good response [for calls to strike],” he said.

“Is it so far, so good, we are trying to mediate in these cases,” added Adheeb, who is also Deputy Leader of the Progressive Party of Maldives (PPM).

The minister also questioned why strike action had not been targeted at other industries such as construction and fisheries in the country

12:56pm Tourism Minister Ahmed Adheeb today reiterated his belief that any strike action for “political reasons” at resort properties was illegal in the Maldives, while also criticising the Maldivian Democratic Party (MDP) for targeting the country’s lucrative travel industry.

“Making a protest at a resort is not the way to go,” he said today.

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Suspension of elections could make end of Indian influence in Maldives: Firstpost

The Maldives Supreme Court has just postponed the presidential run-off, due for this Saturday, 28 September, thus triggering a breach of the constitution as the Supreme Court intervention means that now there will be a gap of more than three weeks between the two rounds in the presidential election in Maldives, writes Rajeev Sharma for Firstpost.

This is a severe diplomatic and strategic setback for India. The development indicates that all is not well for India in the tiny archipelago nation in the Indian Ocean where Pakistan and China are feverishly engaged in a covert game of outsmarting and outplaying India on the Maldivian chess board.

The intervention by the Maldives Supreme Court indicates that some cloak-and-dagger operations are going on in Male’ to ensure that Mohammed Nasheed , who was ousted 19 months ago in an alleged but never-proven coup, does not become the president again. Nasheed stood the brightest chance to become the president again as he was way ahead of all his rivals in the first round of voting earlier this month, but fell short of getting more than the 50 per cent votes to avoid a run-off.

India may say that it is not backing any particular candidate in the Maldivian presidential election, but it is obvious that Nasheed is New Delhi’s choice. The latest development is more of an affront for India than it is for Nasheed.

The Indian diplomatic establishment will be right in maintaining that it is not for or against any candidate in the Maldivian presidential election. Nonetheless, it needs to get its act together and act fast before time runs out.

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Elections Commission calls for run-off to go ahead as constitutionally scheduled

Elections Commissioner Fuwad Thowfeek has told Minivan News that the second round of the presidential elections will go ahead as scheduled on Saturday.

“We will uphold the constitution and hold the election on the 28th,” said Thowfeek.

Article 111 of the constitution mandates a run-off election within 21 days of a first round of polling if no candidate gains more than 50 percent of the vote in the first round.

The decision comes despite a Supreme Court ruling on Monday (September 23) ordering all state institutions to delay preparations for the poll until it issues a verdict in a case filed against the EC by the Jumhooree Party (JP), seeking to annul the first round in which it narrowly placed third.

“We don’t believe any organisation or institution can overshadow the constitution. So we are working as per the constitution. I am trying to fulfill the national duty of the election commission. I don’t want to leave room for those who break laws and the constitution,” Thowfeek stated.

“I don’t care about punishment from the Supreme Court. If they are right, they should uphold the constitution,” said Thowfeek.

“We are asking for police support. Among the police there are those who support an election on the 28th. But due to the nature of their duty even if they want to support us they can’t without a direct order.”

The Police Integrity Commission (PIC) have called for the police to provide any assistance the EC requires to go ahead with the second round though Minivan News is aware that sources from within the police have warned that any attempts to hold the poll will be physically stopped.

Following the court ruling this week, the EC told a press conference that – after conflicting orders from the court and the Majlis – it would be guided by the constitution, which it argued ought to be the final arbiter on electoral procedures.

However while the EC members are believed to have a majority in favour of holding the election as scheduled, Vice President of the EC Ahmed Fayaz this evening expressed his unwillingness to support the move.

“I do not support this. I want to hold elections as per the law. I do not dare participate in this. I think this is backfiring. The EC cannot single-handedly hold an election, we need administrative and security support, ” he said.

“There are 3000 officials. If their opinion differs we cannot hold this without their support. In some countries once elections start, the police and state resources are at elections commission’s disposal. It is not the same here – some island and atoll councils have already said they will not support us.”

“I do support going ahead with preparations, to be ready to hold elections at any point,” stressed Fayaz.

Aishath Velezinee, whistleblower and former member of the Judicial Services Commission (JSC), the body tasked with oversight of the judiciary, has declared Monday’s injunction “a mutiny in the Supreme Court”.

“This is a mutiny in the Supreme Court. We have only seen an [injunction] order signed by four of the seven member bench. Even in a majority decision, every judge must give the reasoning for their decision in writing. We should see the other opinions,” she said.

“The Chief Justice has previously complained of orders being sent out without following due process. The legitimacy of the court order is in question.”

Velezinee cited precedent in a unanimous Supreme Court ruling given in 2009: Ruling C/2009/02, unanimous decision: only Act of God or State of War can legally delay a date specified in constitution,” she noted.

“According to the constitution there is no role for the Supreme Court in an election. There are no laws giving the Supreme Court oversight of an election. The constitution gives 21 days for the holding of second round, after the first round,” she emphasised.

Maldivian Democratic Party (MDP) candidate Mohamed Nasheed welcomed the EC’s decision, calling on all parties to respect it.

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

JP candidate Gasim Ibrahim – who narrowly missed out on the run-off with 24.07 percent (50,422) – has commented on twitter, writing “no one is above the law. Rule of law shall prevail.”

PPM running-mate Dr Mohamed Jameel joined with fellow party members in calling for  the arrest of the EC Commissioner Thowfeek.

“Our view is very clear, the election cannot go ahead.  We will not allow it, no one in the country will allow it,” he said.

He added that Thowfeek’s pledge to hold voting on September 28 had created disharmony and a “rift” within society.

“[These actions]  won’t ease political tensions n the country and may well lead to violence,” Dr Jameel stated.

The PPM yesterday filed an additional case with the Supreme Court, requesting a delay of one month to allow time for campaigning.

Background on the injunction

The controversial Supreme Court case, filed 10 days ago, requested that the court annul the first round void due to what the JP argued were severe discrepancies in the voter registry.

These allegations ran contrary to the reports of numerous international observers who have roundly praised the freeness and fairness of the first round, and the preparedness of the EC.

When asked about the capability of the EC during a public lecture today, former South African Constitutional Court Judge Johann Kriegler described these elections as “as good as I’ve ever seen”. Kriegler has been working alongside the EC and the UNDP in preparations for the poll.

The EC has challenged the veracity of the evidence presented in court and argued that, even were it factual, it is not sufficient to alter the outcome of the first round.

Global condemnation followed the Supreme Court’s issuing of the injunction, with the UK, EU, and the Commonwealth specifically calling for the run-off to go ahead as scheduled.

India’s Minister of External Affairs Salman Khurshid said his country was deeply “disappointed and distressed” at the development.

“Our understanding of the democratic system is that even if there are imperfections in the election system, those imperfections need to be addressed in a manner which is not destructive of the very process of elections,” said Salman Khurshid.

Indian warships were today seen performing maneuvers close to Male’, though authorities have stated the naval presence is part of a training exercise.

The Maldives Ministry of Foreign Affairs meanwhile responded to the global opprobrium by calling on international groups to “help, not hinder the state institutions in exercising their constitutional duties”.

The MDP reacted to the court’s decision by launching a series of protests highlighting the questionable ethics of the Supreme Court bench, particularly a series of leaked sex videos featuring Supreme Court Judge Ali Hameed and unidentified foreign women. The JSC – headed by Supreme Court judge Adam Mohamed and on which Gasim himself sat – rejected the recommendation from its own sub-committee that the judge be suspended.

Subsequent protested have been characterised by the presence of countless pairs of white underpants, as worn by the character alleged to be Hameed in the sex tape. Numerous arrests have been made on the island of Rasdhoo after locals hung a giant pair of underpants outside the Magistrate’s Court.

Former President Nasheed also called for tourism workers to strike should the poll not go ahead, receiving backing from the 5000 strong Tourism Employees Association of the Maldives (TEAM) today.

Following Nasheed’s appeal, the Maldives Association for Tourism Industries (MATI) issued a statement warning of “irreparable consequences” to the Maldivian economy unless the election is expedited.

Minivan News has ceased live updates on this page.

9:30pm: Elections Commissioner Thowfeek told Minivan News that he was called by the head of police specialist crime command, Hassan Habeeb, who told him that unless the Supreme Court issues an order or lifts the injunction, “police will physically stop an election from taking place”.

Fuwad said he had asked for the statement in writing, and expressed concern that police appeared to be ignoring the constitution.

9:45pm: Secretary General of the Elections Commission Asim Abdul Sattar told Minivan News: “It is ambiguous, questionable and ridiculous the way [the police] are siding with the court. The constitution is of the utmost importance – it is what all other laws and acts are based on. If one article is disregarded, the entire constitution is void.”

9:50pm: Thousands of MDP supporters have begun rallying in Male near the Tsunami Monument.

9:52pm: MDP running-mate Musthafa Luthfi at the  rally: “I salute the Elections Commission for upholding the constitution”.

10:00pm: MDP MP Mariya Didi praises police and military at Raalhugandu rally – “We are all Maldivians. We all have to live together”

10:15pm: Thasmeen; we have worked with the MDP before. We believe this is a moment in which we have to work together again. We are at present facing enormous challenges in upholding constitution and protecting our sovereignty. All of us, who wish well for the country, we have to work together.

10:20pm: Speaking before going into an EC meeting, Thowfeek told Minivan News that the group strives for unanimity, and that Commissioners Fayaz and Waheed were reluctant to proceed due to the potential of arrest when contravening a Supreme Court order.

“The police, the AG, and the president are with them [the Supreme Court] so they can do anything. I believe after all these years we have recently become a democratic society, and if we become so timid, we will go back to a dictatorship.

If the Supreme Court, or any institutions go against the constitution, we have to have the guts to stand up and prevent them from violating the constitution.”

10:30pm: Ahmed Shafeeu, Acting Minister of Home Affairs, has told Minivan News that a twitter account under his name that advocated the election “must be held as stated in the constitution” was a fake profile.

Shafeeu said that a press statement would be released on the Home Ministry site “shortly”.

11:10pm: The Home Ministry has put out a press release expressing concern, with fears of unrest and anxiety among the public caused by media reports and statements from politicians.

The press release stressed the importance of respecting and adhering to the Supreme Court order to ensure rule of law.

The Home Ministry offered assurances that it would do “everything necessary to ensure the safety and security of the beloved Maldivian people”.

11:30pm: Commissioner of Police Abdulla Riyaz told the PIC in a letter today that police have informed the Elections Commission and the National Coordinating Committee (advisory body) that it could not “participate in any activity to hold the second round of the presidential election on September 28” following the Supreme Court stay order as holding the election against the injunction would be “illegal”.

However, Riyaz stated that police “have not stopped providing legally mandated cooperation to the Elections Commission”. Police are providing security to EC members as well as the commission’s office and maintaining security for ballot boxes and ballot papers sent by the EC to the atolls on September 23.

11:45pm: Translation of Nasheed’s speech at Raalhugandu rally:

“We are a party that makes pledges. We are a party that fulfills pledges. We are seeing the various state institutions of the Maldives, various individuals, standing up in the moment they had to stand up. I congratulate the Elections Commissioner. I congratulate Fuwad. The example you have shown us is one we are all proud of.

Maldivian citizens are not ready to let Maldives adrift. Maldives citizens are ready to take our nation to safe shores. God willing, voting will start at 7:00 in the morning on Saturday. Come out, come out, go vote. God willing, we will win this election.

Maldivians want jobs, shelter, healthcare, social safety, prosperous life, a dignified life, Maldivians want a day they can do honest work, live dignified lives with their wives and children. God willing, we are bringing you this day, another way, the other Maldives, a dignified life.

God willing, there will be no one to obstruct the Elections Commissioner’s decision. Some among us still have doubts in their hearts. That at any time tonight the police may arrest the Elections Commissioner. That they may take away the ballot boxes on Saturday. None of that will transpire.

Saturday will be a very happy day. There must not be any doubt in any of your hearts. It will not be an ominous day. There will not be any violence or any other kind of disruption. Early morning, you will come out of your houses, you will vote in various ballot boxes and establish a people’s government.

Whether its today, tomorrow or Saturday, our rivals need to know, honestly, there is no reason for you to worry either. You will lose in a big way. There is nothing we can do about that.”

12:22am: Acting Home Minister Ahmed Shafeeu has said action will be taken against those who violate the Supreme Court order to delay the second round of the presidential election, reports Haveeru.

In a statement to the media, Shafeeu said that the government that all state institutions must respect the Supreme Court injunction. “I urge all Maldivian citizens at this opportunity to obey the Supreme Court order. And I remind everyone that violating the Supreme Court order or assisting such an action is a crime. The government will take necessary action against such persons,” he said.

12:25am: Local media is reporting that the Supreme Court has issued a further order to security forces to immediately stop any action in violation of their previous order to stop election preparations. Minivan News is awaiting official confirmation.

00:44am: Finance Minister Abdulla Jihad has confirmed that his ministry would not be providing any funding required by the EC for the run-off vote due to the Supreme Court order requesting for the election not to proceed.

“If the EC requires any expenditure against the orders of the Supreme Court then we will not be able to honour those bills,” he said.

00:49am: The new Supreme Court order quotes Article 141 of the constitution – arguing that the Supreme Court shall be the highest authority for the administration of justice in the Maldives. It also quotes Article 145, 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.

The ruling also sites Article 20 of the Judicature law which states the presidency, Majlis, judiciary, independent institutions, police and security forces, government officials, and all citizens must obey Supreme Court decisions.

“Since it is stated clearly, it is illegal to disobey or challenge a Supreme Court order within the jurisdiction of the Maldives”.

It calls for implementation of 2013/SC-VA-J/02 (order to delay polls) until a verdict is issued in case 2013/SC-C/42, and “orders the security forces of the Maldives to implement order 2013/SC-VA-J/02 and stop any individual from disobeying it”.

The new order comes under Constitution article 237: “The security services shall protect the nation’s sovereignty, maintain its territorial integrity defend the constitution and democratic institutions, maintain and enforce law and order, and render assistance in emergencies.”

The order was signed by 6 of 7 Supreme Court judges. It was not signed by Justice Muthasim Adnan.

01:00am: Minivan News understands death threats were sent to senior EC officials at around 6:00pm: “We will kill anyone who allies with Fuad Thowfeeq against the Supreme Court order and the Maldivian constitution. Allah Akbar.”

01:15am: Minivan News has confirmed with EC President Thowfeek that reports circulating on twitter and some media outlets regarding the supposed cancellation of the election are false. He stated that the commission will confer with its legal team on Friday and reconvene at 4:00pm.

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Transparency slams parliament, JSC for failure to address challenges to Supreme Court’s integrity

The failure of parliament and the Judicial Service Commission (JSC) to address alleged integrity issues of the Supreme Court judges have “created avenues for political and other actors to question the conduct, injunctions and verdicts of the Supreme Court”, Transparency Maldives has said.

Transparency fielded a team of 400 election monitors during the first round of September 7, stating that the process was fair and credible and that incidents observed on the day would not have had a material impact on the outcome of the election.

The Supreme Court on Monday evening, however, issued an indefinite injunction halting the second round of the presidential election, which had been scheduled for September 28.

The case was filed by the Jumhooree Party (JP), whose presidential candidate Gasim Ibrahim narrowly missed a place in the run-off with 24.07 percent of the votes.

Prior to his registration as a presidential candidate Gasim was a member of the JSC, and was responsible for rejecting a recommendation from the JSC’s own subcommittee recommending that Supreme Court Justice Ali Hameed be suspended pending an investigation into his leaked sex tapes.

The sex tapes and suspension of the election have resulted in escalating protests targeting the courts, with large pairs of white underpants quickly becoming widely adopted as a protest symbol.

“Expeditious resolution of such allegations and issues is imperative to ease rising tensions in the election environment and prevent the derailment of democratic processes,” said Transparency Maldives in its statement.

“Relevant state institutions, including the Judicial Service Commission and the Parliament of the Maldives must expedite the resolution of these issues and allegations, in a transparent manner free of conflict of interest, to reduce questioning of and allegations of partisan bias in such processes.”

The JSC is headed by Supreme Court Justice Adam Mohamed, one of the four Supreme Court judges who endorsed the suspension of the election. Despite a recommendation from its subcommittee to suspend Hameed, the JSC rejected taking action against the judge citing “lack of evidence”. Gasim meanwhile publicly dismissed the videos as “fake”.

A meeting of parliament’s Independent Commissions Oversight Committee yesterday was meanwhile been disrupted by government-aligned MPs blowing whistles, shouting and destroying equipment and furniture.

Local media captured video footage of yesterday’s meeting, including Dhivehi Quamee Party (DQP) MP Riyaz Rasheed vandalising equipment, hurling a chair and threatening cameramen while Progressive Party of Maldives (PPM) MP Ali Arif and Maldives Development Alliance (MDA) MP Ahmed Amir blew on whistles and yelled at parliament staff.

Newspaper Haveeru reported that the three pro-government MPs grabbed documents from administrative staff, impeded journalists and used obscene language.

After microphones and recording equipment were damaged, MDP MPs used their phones to record proceedings, during which MDP MP Ahmed Sameer was elected as chair and Dhivehi Rayyithunge Party (DRP) MP Rozaina Adam as deputy chair.

Former chairperson of the committee, Independent MP Mohamed ‘Kutti’ Nasheed, resigned from the position this week but choose to remain a member of the oversight committee.

In addition to the Kulhudhufushi South MP, the committee includes Sameer, Ali Waheed, Ahmed Hamza, Ahmed Abdulla and Hamid Abdul Gafoor from the MDP; MPs Abdulla Yameen, Mohamed Mujthaz and Ibrahim Riza from the PPM; MP Rozaina Adam from the DRP; and Riyaz Rasheed from the DQP.

At yesterday’s meeting, the committee also decided to summon members of the JSC sub-committee formed to investigate a sex tape of Supreme Court Justice Ali Hameed for questioning over delays to concluding their investigation.

Following the resignation of JSC members Criminal Court Judge Abdulla Didi and President’s Member Latheef Gasim from the sub-committee, the remaining members – JSC members Ahmed Rasheed and lawyers Hussain Shiraj and Mohamed Anil – are to be summoned before the parliamentary committee at 8:30pm tonight.

Haveeru video MPs disrupting September 25 meeting of Parliament’s Independent Commission’s Oversight Committee

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Global concern as Maldivian court suspends presidential election

The international community has expressed alarm over the Maldives’ sudden suspension of the second round of presidential elections, initially scheduled for September 28.

The Supreme Court issued an interim order on Monday evening, signed by four of the seven-member bench, halting the election until the court rules on allegations of electoral impropriety filed by third-placed presidential candidate, Gasim Ibrahim.

Gasim is seeking annulment of the first round in which he received 24.07 percent of the vote, alleging that he received at least 20,000 more votes and declaring that “God Willing, Gasim will be President on November 11″.

The Elections Commission has dismissed the credibility of evidence submitted to the court, mostly speculation by anonymised witnesses, and noted that even if factual the claims were insufficient to impact the results of the first round. It has also pointed to unanimous positive assessments of the polling by international election observers.

The case is continuing today after the EC’s lawyer, former Attorney General Husnu Suood, was yesterday thrown out for ‘contempt of court’. Suood had argued that the injunction violated Article 111 of the constitution requiring a second round to be held a maximum of 21 days after the first.

India

India, whose observers monitored a third of the ballot boxes across the country, called upon all concerned in the Maldives “to address the current situation at the earliest so that the electoral process could be resumed in a manner that respects the will of the Maldivian people.”

“It is important that the second round of the Presidential elections is held as scheduled and the candidate elected by the people of Maldives assumes the Presidency on 11 November 2013 as mandated by the Constitution,” stated the spokesperson for India’s Ministry of External Affairs.

“India has consistently conveyed its support for the democratic process in Maldives. It was in this regard that India had called for free, fair and credible Presidential elections in meeting the aspirations of the people of Maldives. The first round of Presidential elections was held on 7 September 2013 in a transparent, organised and peaceful manner. This was acknowledged by domestic and international observers, including those from India,” the spokesperson stated.

“We have seen recent reports that the Supreme Court of Maldives has postponed the second round of Presidential elections scheduled to be held on 28 September 2013. This development has resulted in uncertainty concerning the second round, which may have an impact on peace, stability and security in the country,” the spokesperson noted.

Read the Indian statement

United Kingdom

UK Foreign Office Minister Alistair Burt said the country was “extremely concerned” at the Supreme Court’s decision to delay the second round of presidential elections.

“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.

“In light of the widely held judgment of both international and domestic observers that elections were free and fair, I hope that the second round of elections will go ahead without further delay. It is especially important that the second round of elections is held within the timescales specified in the Maldives constitution,” he added.

Read the UK’s statement

Canada

Canadian Minister of Foreign Affairs John Baird said Canada was “very concerned” over the delay in the run-off election, and indicated that it would push the Commonwealth’s human rights and democracy arm to put the matter on its agenda..

“International election observers, including from the Commonwealth, as well as domestic election observers, all viewed the September 7 election as free and fair. This delay is troublesome and can only lead to more instability,” said Baird.

“We call on the people of the Maldives to work together in a calm and democratic fashion and on judicial authorities to not unduly delay the expression by Maldivians of their democratic will. We believe that the Commonwealth Ministerial Action Group should discuss this issue at its Friday meeting in New York City,” he added.

Read the Canadian statement

United Nations

UN Secretary General Bai Ki-moon said he was concerned about the Supreme Court’s decision ordering the 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,” read a statement from the UN Secretary General.

“The people of the Maldives have exhibited great patience and should have the opportunity, without undue delay, to exercise their vote. The Secretary-General urges all Maldivians to exercise restraint, renew their commitment to the Constitutions and work toward conducive conditions for peaceful, credible run-off polls to take place as soon as possible.”

Read the UN statement

European Union

The European Union has noted the temporary injunction issued by the court, but also recalled that the international community recognised the outcome of the first round as inclusive and credible, and considered that it reflected the will of the Maldivian people.”

“I call upon the responsible Maldivian authorities to ensure that the second round takes place without delay and in accordance with the constitution of the Maldives. I urge all Maldivians to work together to safeguard the integrity of the democratic process and ensure that the second round takes place in the same impartial and effective spirit as the first,” stated EU High Representative Catherine Ashton.

Read the EU’s statement

Australia

The Australian government said it had noted court’s postponement of the second round of presidential elections, despite the “positive findings of international observers, including the Commonwealth Observer Group, on the conduct of the recent first round”.

“These elections are an important step in entrenching democracy following the disputed transfer of power there in February 2012,” read a statement from the Australian High Commission in Colombo, Sri Lanka.

“Australia hopes to see an early resumption of the electoral process, with the second round of elections conducted in a manner that is free, fair and transparent, in accordance with the rule of law, and gives free expression to the will of the people of the Maldives,” the statement read.

“We call on all parties to maintain calm and order and to work together peacefully and cooperatively while this situation is considered by the Supreme Court. It is important that the results of the democratic process are respected.

“The international community will continue to watch developments in the Maldives very closely.”

Read the Australian statement

United States

US Ambassador Michele J Sison visited Male on September 24-25 where she “urged Maldivian officials and political party leaders to resolve the issue of elections promptly.”

“International and domestic observers, including US government officials, all characterised the first round of Maldivian presidential elections as free and fair. The high turnout reflects the Maldivian people’s desire to elect democratically their own representatives,” read the US statement (also in Dhivehi).

“Holding the second round of elections in a timely fashion – as mandated by the Maldivian constitution – is central to the democratic process and a peaceful transition of power that reflects the will of the Maldivian people,” the statement read.

At the same time, the US Embassy in Colombo issued an alert to US citizens travelling in the Maldives recommending that they “exercise caution, avoid large crowds and monitor media coverage of local events.”

Read the US statement

Commonwealth

Commonwealth Special Envoy to the Maldives Sir Donald McKinnon said it was “deeply worrying to hear comments calling for the annulment of [the] election. No election anywhere is going to be absolutely perfect and there was no evidence or claim before the election that the voter register was manifestly so deficient as to so distort the outcome.”

He called for the Supreme Court to “deliver its judgment expeditiously in the case pending before it so that the second round can be held, and the verdict of the Maldivian people determined, without further delay.”

“The people of Maldives went to the polls in good faith on 7 September to elect a president. That election was found by national and international observers, notably by a high-level and experienced Commonwealth Observer Group, to be competitive and credible,” McKinnon said.

“As I have stated before, the Maldivian people must be the winners in this election – they are collectively more important than any one political leader. The people of Maldives worked hard to get a democratic constitution, they want it respected and it is their right that the elections deliver a result that reflects the wishes of the majority.”

Read the Commonwealth statement

Maldivian government condemns “irresponsible statements”

President Mohamed Waheed Hassan, who received 5.13 percent in the first round of presidential elections, has lashed out at “irresponsible statements by foreign governments and international organisations” which he declared are “not be helpful in consolidating democracy in the country.”

“Our statutory institutions, including the judiciary, have shown that they are capable of making sound and impartial decisions on some of the most complex issues of national importance,” read a statement from Waheed on the President’s Office website.

The comments appeared at odds with a report from UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, who in May 2013 presented a detailed report documenting a judicial system in crisis to the UN General Assembly.

The Special Rapporteur wrote that she was “concerned that the Supreme Court is perceived as not following due process in many of its decisions. It is also troublesome that some of the Supreme Court’s interventions are perceived as arbitrary and as serving the judges’ own personal interests.”

President Waheed meanwhile called “on foreign governments, the UN, and the Commonwealth to show responsibility and to refrain from issuing statements commenting on, and speculating about, the on-going court case.”

“Local and international observers did a commendable job in observing the elections. Yet, they do not decide on the cases filed by one or more candidates in an election. It is never done anywhere in the world,” Waheed stated.

Read President Waheed’s statement

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Supreme Court ejects lawyer defending Elections Commission

Additional reporting by Leah Malone, JJ Robinson

Lawyers defending the Elections Commission (EC) and representing the Maldivian Democratic Party (MDP) were today ejected from the Supreme Court, for criticising its order to indefinitely delay the second round of presidential elections.

The EC’s lawyer, former Attorney General Husnu Suood, was reportedly accused of contempt of court and removed from court.

The MDP’s legal team, including lawyers Hisaan Hussein and Hassan Latheef, who had intervened in the case as a third party (inter-partes claim), were also dismissed from today’s hearing, which was ongoing at time of press.

The Supreme Court letter posted by MDP lawyer Hisaan Hussain stated that she had been barred from appearing before the court in the ongoing Jumhooree Party (JP) versus EC case as her remarks “in the media as well as social media” had allegedly “diminished the dignity” of the court and were under investigation.

The letter also accused Hisaan of claiming that the Supreme Court order should be disregarded.

MDP MP Ahmed Hamza announced at a press conference that the party had left the Supreme Court case as a third party, as it “no longer believed justice would be served by the court.”

Hamza noted that the suspended lawyers were not allowed any opportunity to defend themselves before they were barred from the apex court.

The EC has defended itself by challenging the veracity of evidence submitted by the JP alleging electoral impropriety, and stated that even were the allegations factual, they were not sufficient to impact the results of the first round.

The EC has also pointed to unanimous positive assessments of the polling by local and international observers, including the Commonwealth, EU, US, UN, India, Transparency Maldives, the Maldivian Democracy Network and the Human Rights Commission of the Maldives (HRCM).

The Supreme Court nonetheless issued the injunction last night (September 23) to delay the runoff election until it has finished looking into the JP’s alleged discrepancies.

“No recourse”

Prior to attending the case today, Suood told Minivan News that the EC had “no recourse” against the Supreme Court’s suspension of the run-off, despite there being “no legal basis” for the order that has the “constitution up in flames”.

Suood contends that the Supreme Court injunction is in breach of Article 111 of the constitution, which demands a run-off election within 21 days of a first round in which no candidate reaches over 50 percent.

While there were more “complicated” legal arguments for refuting the Supreme Court injunction, Article 111 provides the simplest example of the constitutional violation committed by the court, according to Suood.

Suood explained that there is no way to appeal the Supreme Court order or seek another judicial remedy: “There is no further recourse,” he stated.

While constitutionally the legislative or executive branches should intervene in the matter, Suood said he believed parliament must take action against the Supreme Court.

“Parliament needs to re-convene and decide [what actions to take],” said Suood. “However parliament cannot take decisions [right now] because of the [divisive] politics within it.”

Disorderly protests by MPs of the government-aligned Progressive Party of Maldives (PPM) and JP stymied, but failed to stop, an MDP resolution to ensure that the second round of the presidential election is held as scheduled.

Suood however explained that it would be “very, very difficult” to remove the judges sitting on the Supreme Court bench, not only because of political polarisation creating unrest within Parliament, but also due to the politicised composition of the Judicial Service Commission (JSC).

“The JSC would need to issue a motion [to remove a judge or judges], which would then need the approval of Parliament, but the JSC Chair is also Supreme Court judge,” noted Suood.

The JSC recently decided to reject a proposed no-confidence motion against its Chair, Supreme Court Justice Adam Mohamed, filed by commission member Shuaib Abdul Rahman.

“The JSC is out of control right now, we must do something. The JSC president is ‘out of the circle’,” Parliament’s Independent Institutions Committee Member and MDP MP Ahmed Sameer previously told Minivan News.

The Supreme Court bench consists of seven judges, all of whom discussed the ruling against the EC, however the injunction was signed by four: Justice Abdulla Saeed, Justice Ali Hameed Mohamed, Justice Adam Mohamed Abdulla, and Justice Dr Abdulla Didi.

Meanwhile, during the MDP’s National Council meeting last night (September 23) the party’s presidential candidate and former President Mohamed Nasheed reassured supporters “not to worry”.

“The Maldives is changing, and it will change according to how we want it to. I call on the Election Commissioner to ignore the Supreme Court, and to obey Majlis resolution and hold elections on Saturday,” said Nasheed.

Following the Supreme Court’s decision to accept the Jumhooree Party’s case against the Elections Commission last week, the MDP released a statement indicating its resolve to “not allow a courthouse that consists of some disgraced judges who face allegations of lewd conduct to abrogate the will of the people and disrupt the constitution”.

Meanwhile, the MDP demonstrated at the Supreme Court today behind police cordons further down the street, after the party’s pledge to continue direct action until the presidential run-off is re-scheduled.

Women on the front line held aloft cartoons mocking Supreme Court Justice Ali Hameed – one of four judges whose name appeared on yesterday’s ruling – for his infamous role in a sex tape scandal earlier this year.

Others brandished pictures depicting the large pair of white underpants – a reference to the same video – that have quickly become emblematic of the demonstrations.


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Scattered protests erupt in capital after MDP declares continuous protests against election postponement

Additional reporting by Zaheena Rasheed and Mariyath Mohamed

The Maldivian Democratic Party (MDP) has declared it will hold continuous protests after the Supreme Court’s sudden decision on Monday (September 23) evening to indefinitely postpone the second round of the presidential election.

The Supreme Court’s controversial injunction came just hours after parliament passed a resolution calling on all state institutions to ensure that the second round of the presidential election be held as scheduled.

Scattered protests involving hundreds of people erupted across the capital city of Male’ after the MDP’s National Council unanimously supported a motion calling for demonstrations until the Supreme Court allowed the elections to proceed.

During the meeting, MDP presidential candidate Mohamed Nasheed, who obtained 45.45 percent of the votes in the first round of polling on September 7, urged the Elections Commission (EC) to disregard the Supreme Court’s ruling in favour of parliament’s resolution and continue with election preparations.

“The Chief Justice has to find a solution. I call on the Chief Justice to uphold his duties,” Nasheed said, asking police to support the EC and the military “to keep us safe”.

Speaker of Parliament Abdulla Shahid confirmed to Minivan News that he was pepper sprayed by police while several MDP MPs, including Ali Azim and Mohamed ‘Bonda’ Rasheed, were reportedly taken away by police. Rasheed was reportedly released while Azim was taken into police custody.

Police Spokesperson Chief Inspector Hassan Haneef could not confirm the number of arrests, whether pepper spray was used, or provide further details at time of press.

Maldives National Defence Force (MNDF) spokesperson Colonel Abdul Raheem confirmed to Minivan News that military personnel had been deployed around the military’s headquarters following the Supreme Court’s election injunction, in line with “standard procedure”.

Demonstrators initially tried to enter Republic Square before being pushed back by a dozen police and being barricaded near Fareedhee Magu. Minivan News observed a small number of police equipped with riot gear on standby nearby.

A group protesters were observed hanging a large pair of white underpants on a police barricade, a reference to recently-leaked videos of Supreme Court judge Ali Hameed apparently fornicating with unidentified foreign women in a Colombo hotel room.

“This is not acceptable. The people’s voice cannot be blatantly rejected by four disgraced judges,” said 33 year-old Ahmed Thahseen, a demonstrator near Fareedhee Magu.

“I’m not going home until the Supreme Court gives a ruling and lets people have the due election,” 23 year-old protester Aishath Shaffa told Minivan News.

“Let’s see how that disgrace of a politican Gasim runs his businesses when the electorate goes on strike. The people are what matters. We are everything and the Supreme Court Needs to realise that,” said 52 year-old protester Fathimath Shareefa.

“The Supreme Court order is an absolutely unacceptable act. After all the work we have done, the protests, the campaigns, we won’t watch it all go to waste,” said Ahmed ‘Gahaa’ Saeed, the MDP’s member on the Commission of National Inquiry (CONI), who joined the protesters.

“If you look at all the statements given at CONI which have since been leaked, you will see the injustice that people have faced. We are being pushed back to square one all over again and the people refuse to sit back and take it,” he added. “We are here filled with hope. There is another force and I believe truth will prevail.”

The controversial injunction

Jumhooree Party (JP) presidential candidate and resort tycoon, Gasim Ibrahim, initially filed a case in the Supreme Court seeking annulment of the election results after he narrowly missed a place in the run-off with 24.07 percent of the vote, declaring at a rally that “God Willing, Gasim will be President on November 11″.

The case was intervened by the Progressive Party of the Maldives (PPM) and Attorney General Azima Shukoor, both of which sided against the Elections Commission.

The EC has defended itself arguing that not only had the JP had failed to substantiate or give the specifics of any evidence of fraudulent voting submitted against it, but even if this evidence were to be proven beyond reasonable doubt it was still insufficient to affect the outcome of the first round of election results.

The commission also pointed to unanimous positive assessments of the first round polls by local and international election observers, including the Commonwealth, US, UN, and Transparency Maldives.

In response President Mohamed Waheed’s government called on international groups to “help, not hinder the state institutions in exercising their constitutional duties”, while JP running mate and lawyer Dr Hassan Saeed declared in court that election observers “do not carry much weight”.

Monday evening’s sudden injunction stated that it had been discussed by all judges on the seven member bench, before being signed by Justice Abdulla Saeed, Justice Ali Hameed Mohamed, Justice Adam Mohamed Abdulla, and Justice Dr Abdulla Didi.

“Based on Article 144 (b), we order the Elections Commission and other relevant state institutions to delay the second round of the presidential election scheduled for 28 September 2013 until the Supreme Court issues a verdict in this case,” read the Supreme Court order.

Lawyer for the Elections Commission, former Attorney General Husnu al Suood, tweeted that the interim order by the Supreme Court “has no legal basis, and violates the constitution.”

MDP lawyer Hissan Hussein also said the Supreme Court’s order was unconstitutional, stating that the article 144 (b) it had invoked concerned the Supreme Court’s capacity to delay lower court verdicts, not elections.

Meanwhile, article 111(a) of the constitution stipulates “that a President shall be elected by over fifty percent of the votes. If no candidate obtains such majority, a run-off election must be held within twenty one days after the first election.”

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