Week in review: March 9 – 14

This week’s headlines were largely dedicated to the Supreme Court’s decision to dismiss the senior leadership of the Elections Commission (EC) on charges of contempt of court and disobedience to order.

The decision – which also included a six month sentence for EC Chair Fuwad Thowfeek – brought international condemnation as well as universal praise for the work of the commission.

The EU observer mission, currently in the country for the scheduled March 22 poll, quickly pointed out the considerable “time pressure” on a timely and credible election.

Domestically, both the Maldivian Democratic Party’s Mohamed Nasheed and the People’s Majlis declared the decision unconstitutional.

The Majlis Secretariat relayed this message in writing to Chief Justice Ahmed Faiz and senior government figures, while a Majlis committee stated that it still considered the dismissed members to be elections commissioners.

Alternatively, government supporters quickly backed the decision, with President Yameen saying that the government would abide by the ruling. Yameen also criticised the opposition’s discussion – conducted without a resolution – of boycotting the polls.

The President’s Office rounded on the court’s international naysayers while the chief justice said that the international statements included “falsified claims, and undermine the respect and authority of the Maldivian judiciary”.

Fears that the EC would not be able to conduct the election without its quorum were soon assuaged, however, as Ismail Habeeb – nominated to the commission after the resignation of the fifth EC member last October – was approved by the Majlis.

The PPM has called for the final two places on the commission to be filled before the elections, though Speaker Shahid has prorogued parliament until after the vote.

Other news…

Elsewhere this week, police seized 24kg of what was suspected to be heroin in their biggest haul to date, while repeated confiscation of unusual pets during drugs raids – as well as a python on the streets of Malé – prompted customs to tighten security in order to prevent the import of illegal animals.

The export of legal animals – in the form of Halal certified fish – is a policy the Islamic Ministry this week claimed was generating great enthusiasm.

Leaders at the Chamber of Commerce rounded on the EU’s trade policies with regards to Maldivian fish, suggesting a fisherman’s protest could be on its way.

One protest did arrive this week, at the international airport, as staff demonstrated against bad bonuses and worse food.

The Human Rights Commission was summoned to the Juvenile Court after repeated attempts to discuss a report the court claimed misled the public about the handling of the infamous 15 year old flogging trial.

Maldivian Development Alliance leader Ahmed ‘Sun’ Shiyam was presented to the Criminal Court this after failing to attend previous hearings regarding his alleged attempts to smuggle alcohol into the country in 2012.

Already in custody, Maldivian Democratic Party MP Abdulla Jabir learned this week that he would remain during his appeal case for his recent conviction.

Finally, local NGO Advocating for the Rights of Children (ARC) launched an anti-bullying campaign in Malé as well as a new network to support the rights of disabled children.

Meanwhile, the Maafushi jail inmate – left in a coma with critical head injuries after being attacked by cellmates last month – was flown to Sri Lanka for further treatment.

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Police searching for man who refuses to hand over 5 month old baby

Police have launched a search for a man accused of refusing to hand over his five month old baby to the mother.

Police stated that they are looking for the man after he failed to follow a court order on March 10 which asked him to hand over the child within a period of 24 hours.

In accordance with a Family Court order, the police are looking for Ahmed Sharuvan of age 32 years from Kanmatheege in Seenu Atoll Maradhoo.

Police have appealed to the public to report any information held about Sharuvan to the police at the earliest.

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In democracy, we must welcome people with varying ideologies: Gayoom

Former President and leader of ruling Progressive Party of Maldives (PPM) Maumoon Abdul Gayoom has stated that a democracy is a system in which people are free to work with their personal political ideologies, and that in such a system people with varying ideas must be welcomed.

Speaking at a campaign event of PPM’s parliamentary candidate for Villin’gili constituency Saudh Hussain, Gayoom expressed concerns that residents of some islands harassed contestants campaigning for the party’s coalition.

“Since we are in a democracy, we must welcome people with different ideologies. We have to listen to what they have to say. It is a completely different matter whether you accept what they have to say or not,” Gayoom said.

Gayoom further said that it is very important to acquire a majority in the next parliament, stating that the reason for this is that the current government is led by the coalition.

He opined that failure to garner a majority would cause difficulties in fulfilling party manifesto.

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Gasim asserts importance of Majlis majority for the Maldives’ development

Jumhooree Party leader and resort tycoon Gasim Ibrahim has stated that, in order to lift the Maldives out of its current situation and to ascertain it has a better future, President Abdulla Yameen needs to be given his five years of governance.

Speaking at a campaign event of the Progressive Coalition’s Villin’gili constituency candidate Saudh Hussain, Gasim said that everyone needed to cooperate to provide Yameen with a five year term to make right the current situation of the country.

Gasim added that this will be made possible by ensuring that there is a Progressive Coalition majority in the upcoming 18th parliament, adding that Maldives will find itself in severe hardship if the majority cannot be achieved.

Speaking of the past ten years, Gasim claimed that the development had failed to go according to plan.

“The first five years were spent in establishing democracy within political chaos. In other words, it was spent in the establishment of reasonable norms and democracy within a peaceful environment. However, not much thought was given to economical matters within these five years, and not much was achieved on that front,” Gasim stated.

“The last five years were spent to bring economical stability within democratic norms, but even that failed to go according to plan,” he continued.

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EC dismissals: Commonwealth, UK, EU, and India join international chorus of concern

The Commonwealth, UK, EU, and India have joined a growing international chorus expressing concern with the Supreme Court’s removal of the Elections Commission (EC) chair and deputy chair over charges of contempt of court.

“Such action by the court less than two weeks before the [parliamentary] election could be viewed as potentially affecting the electoral process adversely,” read a statement released yesterday by the Commonwealth secretariat.

The UK described the move as an “unprecedented expansion of judicial powers”, while India urged respect for the constitution. EU High Representative Catherine Ashton called the ruling a “serious setback in the democratic transition of the country.”

A statement from the President’s Office meanwhile called upon international partners to respect the Maldives’ constitution, echoing a statement released by the Chief Justice Ahmed Faiz on Tuesday (March 11).

The Supreme Court ruling on Sunday left the EC without the three members required for a legal quorum to hold meetings and finalise decisions ahead of the polls scheduled for March 22.

Commonwealth Secretary-General Kamalesh Sharma noted the parliament’s approval of a new member to the EC yesterday, which ensures that the quorum is restored.

“We hope that a credible and inclusive parliamentary election can be held in accordance with the constitution, and that Maldivians will be able to cast their votes with confidence and with the will of the people being respected,”  the secretary-general said.

The secretary-general stressed that separation of powers was “a fundamental political value” of the Commonwealth.

“For a democracy to function effectively, it is critical that institutions operate within their own constitutional mandate and do not encroach either on the ability of other independent institutions to execute their own remits or on the constitutional authority of other branches of government,” he stated.

“Actions that undermine the independence of an elections commission have a negative effect on democracy as a whole.”

The secretary-general noted that the Commonwealth Observer Group to the Maldives for last year’s presidential polls had recommended that “there should be better recognition of the mandate and statutory and constitutional independence of the Elections Commission.”

The Commonwealth statement also noted that the Supreme Court “assumed new powers enabling it to initiate cases”.

The Supreme Court summoned EC members on February 27 and began a surprise trial on charges of contempt of court under new ‘sumoto’ regulations that allow the apex court to initiate proceedings and act as both prosecution and judge.

Yesterday’s flurry of statements followed condemnation of the Supreme Court decision by the United States, Canada and the United Nations earlier this week.

In response, the President’s Office has contended that “negative external reaction to judicial decisions” undermined the constitution and hindered efforts for consolidation of democracy.

“Unprecedented expansion of judicial powers”

The UK’s Foreign and Commonwealth Office Minister Hugo Swire expressed “deep disappointment” with the Supreme Court’s dismissal and sentencing of the EC chair.

“The charges laid and the procedures adopted represent an unprecedented expansion of judicial powers,” the Foreign Office statement read.

The Supreme Court’s contentious ruling “appears to undermine the hard won independence of the Election Commission. This is extremely worrying so close to parliamentary elections,” the statement read.

Noting the appointment of a new member to the EC, the minister urged the government to ensure that the “the Election Commission’s independence is swiftly restored and to ensure that inclusive, free and fair Parliamentary elections are held within constitutional deadlines and in line with international standards.”

“This is essential for the consolidation of democracy in the Maldives and for the country to uphold its international reputation after the difficult events of the last two years.”

The EU’s statement commended the work of the EC, noted the key role of an independent elections body in a democracy, and drew attention to its team of monitors currently in the Maldives for this month’s poll.

The Indian Ministry of External Affairs meanwhile issued a press release welcoming the “commitment expressed by the government of Maldives to holding the parliamentary elections as scheduled”.

“India has consistently supported the strengthening of democratic processes and institutions in the Maldives. In this context, the Government of India has noted with concern the removal of the Chairperson and the Deputy Chairperson of the Elections Commission of Maldives from their positions and deferred prison sentence of the Chairperson,” the press release stated.

As “a close friend and neighbour of the Maldives”, the Indian government urged state institutions and political parties to respect the constitution and rule of law.

The statement also expressed hope that the EC’s independence will be ensured and that “the forthcoming parliamentary elections are held in a free, fair and credible manner, fulfilling the democratic aspirations of the people of Maldives.”

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IGMH dialysis unit to be expanded

In an attempt to broaden services at the dialysis unit in capital city Malé’s state owned Indhira Gandhi Memorial Hospital, the management has decided to expand the unit to twice its current size.

IGMH Deputy CEO Mohamed Habeeb told local media that after expansion, the unit will be able to attend to 20 patients at a time.

“As there is such a high demand for dialysis services, we are having to provide these services around the clock. Some patients have to spend about five hours in dialysis,” said Habeeb.

“Currently we have 11 beds in the Dialysis Unit, which will be increased to 20 after the expansion,” he said.

He further revealed that MVR2 million (US$130,000) is estimated to be spent on the project.

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“Huge support” for halal certification, says Islamic Ministry

The Ministry of Islamic Affairs’ has claimed that the new halal certification program for local fish products is receiving “huge support” from local fish processing companies, the ministry has said yesterday.

Denying reports published in local news outlet Haveeru of a lack of support for the programme , the ministry said that issuing halal certificates for five different products from ‘Felivaru’ company is in it’s final stages.

The ministry also stated that “famous Maldivian fish processing companies such as MIFCO” are also in the process of submitting necessary documentation in order to acquire the halal certificate

Training of halal assurance officers to inspect factories has begun, and ministry teams have made visits to “successful” halal industry countries such as Malaysia and Singapore.

The Haveeru article in question – published yesterday – quoted Permanent Secretary of the Islamic Ministry Mohamed Didi as saying that Felivaru was the only company to have shown an interest in acquiring the certification.

Didi was reported as saying that the reason for this could be that such a certificate is not important for their export markets.

According to the article, a team from the ministry had travelled to the Felivaru fish processing factory to check if the process and ingredients used are ‘halal’, with Didi saying that certification would open doors to export Maldivian fish products to middle-eastern markets and would increase the value of such products.

After the EU declined to extend duty-free status on Maldivian fish exports last November, the government has been seeking alternative markets for Maldivian fish products.

Foreign Minister Dunya Maumoon at the time said the decision was connected to Maldives’ reservations towards freedom of religion and other conventions before noting that the Maldives is “not running out of friends in the international community”.

Since then, the government has said it is analysing new markets for such as middle-eastern and Malaysian markets for Maldives fish exports.

Earlier this week, Vice President of the Maldives National Chamber Of Commerce and Industry Ismail Asif said that Maldivian fishermen intended to stage a protest against the EU’s trade policies.

Meanwhile, the Islamic Ministry’s ‘Fiqh Academy’ issued a fatwa this week stating that kosher meals, while halal, are inadvisable in Shariah. The ruling suggested that the import of such goods would “introduce and spread such a religious slogan of the Jews into an Islamic country like the Maldives”.

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MDA Leader ‘Sun’ Shiyam denies alcohol smuggling charges in court

Maldives Development Alliance (MDA) leader Ahmed ‘Sun’ Shiyam has denied the charges of alcohol possession before the Criminal Court.

The prominent businessman and MP for Dhaalu Meedhoo constituency was allegedly with the illegal bottle of liquor by customs official on his arrival airport on his arrival in Malé in March 2012.

Lawyers from the Prosecutor General’s Office told the court that when customs officers searched his luggage, officers discovered the bottle inside before running tests on its contents. The PG’s Office announced it was pressing charges against Shiyam for possession of alcohol and smuggling alcohol into the country.

Shiyam denied the charges and his lawyer requested that the court give him more time to research the case before the next hearing on April 10.

Newspaper ‘Haveeru’ reported that Shiyam was brought to court by police in compliance with an arrest warrant issued after the MP had failed to comply with the court summons.

According to Haveeru, Shiyam was kept in the guest area of the court – unlike other suspects brought to court – and unlike other MPs under the same circumstances.

Online newspaper Sun Online – run by a company owned by Shiyam – today quoted Shiyam’s legal team saying that it was a set-up to destroy the MP’s reputation.

His legal team told Sun that Shiyam was the owner of many resorts and there was no reason Shiyam should try to bring in an alcohol bottle from abroad. Shiyam was not hiding from the courts and will fully obey all laws, Sun was informed.

The Criminal Court last week ordered the police to arrest and summon both Shiyam and Maldivian Democratic Party (MDP) former Special Envoy to President Mohamed Nasheed, Ibrahim Hussein Zaki.

Zaki is facing trial after he was arrested from the island of Hondaidhoo in Haa Dhaalu Atoll while he was allegedly in possession of cannabis and alcohol in November 2012.

The speedy prosecution of MDP members in relation to the Hondaidhoo incident – in comparison to delays in the Shiyam case – was highlighted by Nasheed last October as his party filed a no-confidence motion against then Prosecutor General Ahmed Muiz.

On October 31, 2013, the Criminal Court sentenced MDP MP Hamid Abdul Ghafoor to six months for contempt of court after he refused to comply with court summons – though the charge was later overturned in the High Court.

On February 20, MDP MP Abdulla Jabir was sentenced by the Criminal Court to one year for refusing to provide a urine sample to police to run a drug test.

Both Hamed and Jabir’s prosecution were in relation to the November 2012 Hondaidhoo raid.

Police have informed the court today that they were unable to arrest Zaki as he was abroad.

The penalty for alcohol possession in the penal code is either a fine of between MVR1,000 to MVR3,000 or imprisonment, banishment, or house arrest for up to three years.

Shiyam’s MDA formed an alliance with the Progressive Party of Maldives (PPM) in August, 2013, to back the eventual winner of the presidential election, Abdulla Yameen.

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EC dismissals: Government calls on international partners to respect Maldivian constitution

The government has called on international partners to respect the Maldivian constitution and democratic processes following condemnation of the Supreme Court’s controversial removal of the Elections Commission (EC) chair and deputy chair.

The appeal was made in a statement released by the President’s Office last night welcoming parliament’s approval of a new EC member, which “enables the EC to function with the legally required quorum and hold the general elections scheduled for 22 March 2014.”

“Negative external reaction to judicial decisions of the Maldives challenges the domestic institutions and national processes, thereby undermining the constitution of the Maldives and hindering the ongoing process of democracy consolidation,” the statement read.

It added that strengthening of state institutions was “an ongoing process,” and noted that “high-profile” cases remained stalled at court.

“The government is always ready to work with interested external actors through a process of dialogue and cooperation based on mutual respect in working towards consolidating democracy in the Maldives.”

Since the adoption of the 2008 constitution that established a presidential system with separation of powers, the Maldives has “experienced a vibrant democratic process that has enabled the nascent system to flourish,” the President’s Office said.

The statement comes as the UK, India, and the Commonwealth joined the US, Canada, and the UN in expressing concern with the Supreme Court’s dismissal of the elections commissioners.

The President’s Office statement also echoed calls by Foreign Minister Dunya Maumoon earlier this month urging international partners not to “undermine our judicial system.”

The President’s Office also suggested that its submission to parliament of candidates to fill the vacancies in the commission demonstrated “the government’s unshakable commitment to the independence of the EC”.

“The government of Maldives is fully committed to ensuring the constitutionally guaranteed independence, professionalism, and integrity of the Elections Commission,” the statement read.

The President’s Office argued that parliament’s decision to approve Ismail Habeeb Abdul Raheem to the EC was “consistent with the Supreme Court verdict” dismissing the EC chair and deputy chair.

“In compliance with the verdict, the government proposed to the Majlis for consideration and to vote on the names of candidates to fill the remaining two vacant positions at the Elections Commission,” it added.

Despite parliament’s approval of Ismail Habeeb Abdul Raheem yesterday to replace former EC member Ibrahim ‘Ogaru’ Waheed – who resigned in October citing poor health – the opposition-majority independent institutions committee has declared that EC Chair Fuwad Thowfeek and Deputy Chair Ahmed Fayaz remained EC members

The move followed a letter sent to President Abdulla Yameen, Chief Justice Ahmed Faiz, and Attorney General Mohamed Anil by Speaker of Parliament Abdulla Shahid contending that the dismissals were unconstitutional.

The letter – based on legal advice provided by parliament’s Counsel General Fathmath Filza – stated that the pair were removed in violation of procedures specified in both the constitution and the Elections Commission Act for the appointment and dismissal of EC members.

Article 177 of the constitution states that an EC member could be removed from office if a parliamentary committee established “misconduct, incapacity or incompetence” and  “upon the approval of such finding by the People’s Majlis by a majority of those present and voting.”

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