Tag: maldives news

President Waheed commutes sentences of 35 convicts, approves lump sum payment for ministers

President Dr Mohamed Waheed has commuted the sentences of 35 convicts under authority granted by the Clemency Act of 2009 and approved a lump sum payment of three months’ wages for cabinet ministers.

President Waheed exercised the executive power on the last official working day of his administration before the end of the current presidential term on Monday, November 11.

The President’s Office revealed in a statement that Waheed had commuted the sentences of persons banished, serving jail sentences or under house arrest “with conditions.”

Details of the convicts, the conditions and the reduced sentences were not disclosed.

President Waheed considered “age, illness, nature of medical treatment, time and circumstance, behaviour and conduct, or a compassionate view,” the President’s Office stated.

Persons convicted of murder, a crime with a punishment (hadd) prescribed in Islamic Shariah, terrorism, child sexual abuse, sexual assault or rape, and homosexuality were not included among the 35 convicts, the President’s Office claimed.

Under the law passed in 2009, prisoners who have completed one-third of their sentences and exhausted all avenues of appeal are eligible to apply for clemency.

Local media meanwhile reported that President Waheed has also decided to provide a lump sum payment of three months’ salaries and allowances for cabinet ministers.

While the proposal was made at the last cabinet meeting, a decision was not finalised last week.

As ministers earn MVR57,500 (US$3,729) a month, the lump sum payments would amount to MVR2 million (US$129,702) for the 12 ministers presently in the cabinet.

Local media has also reported that the government signed an agreement on Wednesday (November 6) to hand over the Kaadehdhoo airport in Gaaf Dhaal atoll to Villa Air, owned by business tycoon and Jumhooree Party (JP) presidential candidate Gasim Ibrahim, for a 50-year period.

Transport Minister Ibrahim Ameen, who signed on behalf of the government, is a senior member of the JP representing the party in the coalition government.

Former Transport Minister Dr Ahmed Shamheed – filling a JP slot in cabinet at the time – was sacked in November 2012 after extending the lease of the privately-owned airport in Maamigili for 99 years. Despite the dismissal, the decision was not reversed and Shamheed was replaced by Ameen.

In February this year, the Anti-Corruption Commission began investigating the lease extension of the airport operated by Gasim’s Villa Shipping and Trading.

In March, Dr Shamheed told Minivan News that President Waheed wanted “credit” for extending the Maamigili airport lease.

The media reports today also revealed that an agreement was signed with Island Aviation to hand over the Ka’dhoo airport in Laamu atoll, while agreements were signed with Reol Investment and Millenium Capital Management to build and operate airports in Dhaal Kudahuvadhoo and Noonu Maafaru, respectively.

The companies were given uninhabited islands as an airport subsidy – Noonu Kummala and Raa Ufulandhoo to Millenium and Dhaal Hiriyafushi and Kadimma to Reol – to be developed as resorts.

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Expert UN review dismisses secret police report used to justify annulment of Sept 7 polls

The UN has conducted an expert UN review of the secret police report alleging electoral irregularities in the first round of voting on September 7, which was the primary evidence used by a four judge Supreme Court majority to justify annulling the vote.

“We feel confident in asserting that the election was all inclusive, there was no disenfranchisement and the quality of the voter register met international standards,” read a statement today from UN Assistant Secretary-General for Political Affairs Oscar Fernandez-Taranco, following his visit to the country.

Former President Mohamed Nasheed led the annulled vote with 45.45 percent, followed by the half brother of former President Maumoon Abdul Gayoom, Abdulla Yameen, with 25.35 percent. Resort tycoon Gasim Ibrahim narrowly missed a place in the run-off with 24.07 percent, while incumbent President Mohamed Waheed just polled 5.13 percent.

The 4:3 verdict annulling the vote heavily cited a confidential police report submitted to the court claiming that as electoral register contained 5623 irregularities, such as 2830 “address mismatches”, and as such these votes were ineligible. The report was not released or shown to the Election Commission’s defence lawyers, although Minivan News eventually obtained a leaked copy.

“The UN recognises the assessment of domestic and international observers that the 7 September election was conducted in a satisfactory manner,” stated Fernandez-Taranco, and reiterated “the deep concerns expressed by the UN High Commissioner for Human Rights relating to the conduct of the Supreme Court.”

The second attempt at a revote is scheduled for tomorrow November 9, after police forcibly prevented it from taking place on October 19 after Yameen and Gasim refused to sign the voter registry – a new requirement from the Supreme Court effectively giving candidates the power to veto polls.

In a sudden reversal of their refusals as late as Tuesday evening, the pair sent their representatives to sign the registry on Wednesday

“The UN believes that conditions conducive to free and fair elections exist and therefore welcome the presidential candidates’ signature of the Voter Lists, which will allow for the first round of the presidential elections to be held tomorrow,” said Fernandez-Taranco.

“We urge Government, political leaders and all other relevant State authorities, including the Maldives Police Service, to cooperate with the Elections Commission in the conduct of the elections and to seize the opportunity to further consolidate democracy in the Maldives. It is a process owned by all Maldivians and political leaders should demonstrate strong leadership and act in the best interests of the people,” he added.

November 9, he stated, was “a decisive moment for democracy in the Maldives.”

“It is time to allow the people of the Maldives to express their voice and their legitimate will through the ballot box. A continued failure to do so would be a serious setback to consolidating democracy in the country, with potentially serious repercussions, including a very likely negative impact on the already fragile economy,” Fernandez-Taranco warned.

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Comment: No need for Speaker to take charge if elections held, results respected

The Maldives’ Constitution (Article 4) is very clear that our country is a democracy in which all the powers of the State are derived from and remain with the citizens.

In particular legislative power (the power to enact laws that govern our society) lies with a democratically-elected parliament while executive power (the power to act as executor of those laws and see the will of the people reflected in the governing of the country) should lie with a democratically-elected president.

Unfortunately, since the coup of February 2012 we have seen power flicker from one unelected institution to another, in complete disregard of the will of the people as voiced in the 2008 elections: from an unelected president to an unelected supreme court, and from an unelected police commissioner to an unelected attorney-general.

It is now time to place power back in the hands of the citizens. The 88 percent voter turnout in the September 7 polls was that power. It is imperative that November 9’s elections proceed peacefully and with the full cooperation and goodwill of all political parties and State institutions, including the police.

Certain political leaders, as well as members of the Supreme Court, have treated voters with a level of contempt that beggars belief – asking citizens to vote, and when they didn’t like the result, asking them to vote again, and again, and again.

As the UK’s MP for Redditch, Karen Lumley suggested during the Westminster Hall debate on the Maldives this week, this has been like “watching a child who cannot win at a board game tip over the board”.

If our stroppy candidates (who could put Fagin to shame), and their gang of police boys, discredited judges and the unloved President allow these elections to go ahead, and this time they do respect the result, then we will not enter a constitutional void and it will not be necessary for the parliament as the only body in the Maldives which has been democratically elected in a free and fair vote, through the person of the Speaker, to assume executive control.

If, however, unelected individuals once again demonstrate contempt for democracy, if they once again decide that the powers of the State reside with them and not with the citizens, then parliament will be forced to step in as per the Majlis resolution of October 27th 2013.

The Speaker, as the last remaining democratically elected head of the last remaining democratically elected body must take over the interim presidency and ensure a free and fair vote for the people of the Maldives.

To quote President Nasheed, “there is no Houdini to pull the rabbit out of the hat. No magic tricks. No improvisations. We follow the Constitution. We follow the spirit and letter of the Constitution.”

Eva Abdulla is the Maldivian Democratic Party (MDP) MP for Galolhu North, and Asia-Pacific Member of the IPU Committee for Women MPs

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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Parties rally on penultimate day before polling

The Progressive Party of the Maldives (PPM) and the Maldivian Democratic Party (MDP) held final campaign rallies on Thursday night ahead of the first round of presidential elections scheduled for November 9.

The Jumhooree Party did not hold a full scale rally on the evening.

The PPM promoted the party as the only party that would protect Islam and Maldives’ sovereignty and hailed the PPM’s presidential candidate Yameen Abdul Gayoom as an economic expert.

The MDP focused on themes of good governance, ensuring basic services such as medical care, transport and education and ending the authoritarianism of the past.

Yameen’s speech centered on alleged corruption during the three years MDP’s presidential candidate and former President Mohamed Nasheed had stayed in power and the importance of protecting Islamic faith.

“Yellow is a colour that has quarantined our whole country. They sold our airport to foreigners, but with God’s will and the work of many united parties, we were able to get it back,” Yameen said, alleging “although it was done under a contract, it is still classified as corruption as it would have benefited the foreigners more than the people of our country,” continued Yameen.

Referring to a speech given by his Electoral Agent Abdulla Ameen – who had listed out 11 persons he alleged had gained large amounts of money through corrupt means during Nasheed’s administration – Yameen argued that Nasheed’s government had misused MVR4,700million.

“However, when Nasheed came to power, he made a Presidential Commission – outside constitutional provisions – to investigate Maumoon and his cabinet for corruption. They could not find any evidence against Maumoon, nor will they ever be able to. Is it still the thirty years [of Gayoom’s administration] that we should still be questioning?”

“We will give you the dignified life you want”: Nasheed

Speaking to thousands of supporters at Raalhugandu, MDP’s presidential candidate Mohamed Nasheed said, “We will defeat those who brought about a coup through the vote. God willing, we will win this election in one round. We will take the Maldives to safe shores.”

Saturday’s vote was a vote for a dignified life, shelter, medical care, transport, education and job opportunities, Nasheed said.

He spoke of the long journey Maldivians had traveled out of authoritarianism and the numerous setbacks along the way. He commended the determination of the Maldivian people to move forward.

He described the delay in voting as an attempt to destroy the constitution.

“It is always the people of this country who have the power to uphold the constitution. Saturday is an opportunity to use that power to save this state, this Maldives. Vote for me, god willing, we will make Maldives upright again. We will give you the dignified life you want,” he said.

The Maldives is rich in natural resources and Maldivians deserve a lot more than they currently have, Nasheed said.

He also said the Supreme Court’s annulment of the vote had in fact increased support for the MDP.

Speaking about the PPM and JP’s reluctance to sign the voter registry on Tuesday, Nasheed said the two parties had changed their minds because of international pressure.

“They say for the nation, for the country, but in truth at last they had to sign the voter list because a German tourist agency ordered them to. They had to sign because a tourist agency told them to. Because that’s where the dollars come from. [They] contest elections for dollars. [They] sign the voter lists for dollars. All of life is based around for dollars. Maldivians want to tell them I am a proud Maldivian. I will look after my children through honest work,” he said.

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Syrian refugees show up Maldives’ immigration failings

Rising numbers of refugees seeking to use the Maldives as a transit point has laid bare the country’s need to review its immigration procedures, says the Human Rights Commission of Maldives (HRCM).

“The government needs to bring policies into line with human rights conventions,” said HRCM member Jeehan Mahmood.

“The current procedures do not ensure the refugee’s safety – this is not correct, this is not right. The government needs to review and re-visit procedures to ensure its actions to not violate human rights.”

The most recent example of the government’s inconsistent approach to the issue involved a Syrian Palestinian man named Ubaid* who travelled with his family from Dubai, arriving in the early hours of Tuesday morning.

A family member told Minivan News that Ubaid had travelled to the Maldives after seeing media reports of another family who had been granted asylum in Sweden after seeking transit via the Maldives.

The family source explained that Ubaid was a third generation refugee, with a United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA)-issued refugee card which shows he was formerly resident in the Yarmook camp, just outside of Damascus.

“He was injured while in his home at that camp/suburb and so his left arm is somewhat paralyzed with 20 metal screws and metal plates holding remnants of his bones together, and lots of pain-killers. He does have x-rays to show those metal screws and plates.”

“His concern is that if the Maldivian authorities do what they said they would do – send him and his family back to Dubai – then Dubai would send him directly to Syria. And with an injury like what he has, the government would suspect him of being with the rebels, which he is not. He’s too old to be fighting,” the source continued.

The previous Palestinian refugees arriving in the Maldives were eventually granted asylum in Sweden after an appeal from the UNCHR.

Despite having legitimate travel documents, Ubaid’s family was kept in detention at Ibrahim Nasir International Airport before being flown back to Dubai.

HRCM member Jeehan argued that the government’s current inconsistency was resulting in discriminatory practices inappropriate to a country aspiring to uphold its human rights obligations.

Problem in transit

Local lawyer Abulla Shaairu – who took up the family’s case – described their return to Dubai as “one of the saddest days in my career.”

Shaairu has argued the Criminal Court had denied the family was in detention, making them ineligible for the constitutional right to appear before a judge within 24 hours.

“Detention is defined as restrictions on the freedom of movement – they had no freedom of movement,” said Abdulla Shaairu – an argument that was echoed by Jeehan.

Shaairu stressed that the party had not been seeking asylum in the Maldives, but were hoping for transit to Switzerland.

He claimed that he had been denied their right to meet with him, and that the Criminal Court had refused to provide a written response detailing its decision.

“There are no specific regulations to deal with the situation. People in this type of situation don’t know how they will be treated,” he said.

“I think at this moment it is very necessary – so many people arrive because of civil war.”

The extent of the recent fallout from the Syrian civil war on arrivals to the Maldives has been revealed in a leaked document from the department of immigration.

The confidential document details the cases of 12 Syrian nationals arriving in the country since mid-July, with the document revealing that all but four have been immediately sent back to their last point of departure.

As a tourist hub granting tourist visas upon arrival – and with a large number of flights to and from the EU every day – the Maldives is increasingly attractive as a transit destination, the document revealed.

The powers of the Immigration Controller do not override the constitution, nor human rights law, argued Jeehan.

“These people are just searching for a safer place for their family and children.”

*name has been changed

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Criminal Court cancels trials of MP ‘Sun Travel’ Shiyam and senior MDP member

The Criminal Court has cancelled Thursday’s hearings in the trials of Maldives Development Alliance Leader and MP Ahmed ‘Sun Travel’ Shiyam and Maldivian Democratic Party member Ibrahim Hussain Zaki, after the court could not hand over summon chits to them.

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.

MP Shiyam is facing trial in a case where an alcohol bottle was allegedly discovered inside his luggage when he arrived from a trip abroad country.

The Criminal Court has recently sentenced MDP MP Hamid Abdul Ghafoor to six months after he failed to show up to the court for the hearings of a case in which he was charged for possessing cannabis and refusing to provide police a sample of his urine for drug testing.

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Supreme Court accepts case to invalidate transfer of power to speaker

The Supreme Court has accepted a petition to invalidate a People’s Majlis resolution authorizing the Speaker to assume the presidency in the absence of a president elect by the end of the current presidential term on November 11.

The case was filed by by Progressive Party of Maldives (PPM) council member and former president Maumoon Abdul Gayoom’s lawyer Ibrahim ‘Wadde’ Waheed.

Speaking to Minivan News, Wadde said that he did not believe that the parliament’s resolution constituted a resolution, and said he did not know any legal term with which to refer to the parliament’s decision as it was against the constitution and laws.

”The decision is clearly against the constitution and I have requested the Supreme Court to invalidate the decision,” he said. ”The parliament on October 27 passed that decision that says that all powers of president must be transferred to the parliament Speaker or someone in the parliament.”

He explained that he had originally filed the case on October 29 before the Supreme Court accepted it today.

On October 27, the resolution was passed at a sitting scheduled in response to a letter to Speaker Abdulla Shahid from President Dr Mohamed Waheed requesting parliament “to take initiative in finding a solution to any legal issues that will arise if a new president is not elected by the end of the current term [on November 11].”

The resolution was submitted by MDP parliamentary group leader and MP Ibrahim Mohamed Solih and supported by MDP MP ‘Reeko’ Moosa Manik.

In a Q&A with the speaker Minivan News asked his opinion on the government aligned MP’s suggestion that the Supreme Court should decide on interim arrangements.

”We have had some MPs calling on the military to take over. I think these individuals are very unfamiliar with democracy. And democratic principles. And it is a shame they sit in a house which is supposed to represent the people,” responded Shahid.

During the interview he also expressed his hope that President Dr Waheed will respect the resolution as it was he who initiated it.

”He wanted the parliament to initiate and tell him what the parliament thinks. The parliament is the representative body of the people of this country. And the parliament overwhelmingly, with the majority of the total parliament, adopted this resolution,” he told Minivan News.

The same day, Waheed also submitted another case to the court asking it to rule that the MDP MP Ahmed Hamza’s appointment to the judicial watchdog – the Judicial Services Commission  – was conducted in breach of the constitution.

Waheed also submitted a case to the Supreme Court requesting it to rule that Dhivehi Rayyithunge Party Leader and MP Ahmed Thasmeen Ali was disqualified as an MP.

In addition to these cases, Wadde – alongside Jumhooree Coalition member ‘Madhanee Ihthihaadh’ (Civil Alliance) President Sheikh Mohamed Didi – filed a case in the apex court challenging the candidacy of the MDP’s Mohamed Nasheed.

This filing of this particular case was criticised by both the president and senior PPM leadership.

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Maldivian pro-democracy activists hijack World Travel Market twitter hashtag

The official twitter hashtag of the World Travel Market (WTM) in London has been hijacked by Maldivian pro-democracy activists.

The WTM is one of the world’s major annual travel industry expos, attracting 5000 exhibitors from over 184 countries across the globe. The Maldives Marketing and PR Corporation (MMPRC) has said 143 representatives from 52 Maldivian companies are taking part in the event.

Dozens of Maldivian activists meanwhile on Monday began flooding the #wtm13 hashtag with images of police brutality and allegations against Villa Hotels owner and presidential candidate, Gasim Ibrahim.

The hijacking was widely reported by international travel media, just days after the UK’s Guardian newspaper broke a story about Maldivian police importing over US$100,000 in riot-control weaponry from a Singapore subsidiary of UK firm Survitec.

The twitter activists accused Gasim of funding the 2012 police mutiny that led to former President Nasheed’s controversial resignation, and then influencing the Supreme Court to annul the results of the September 7 poll despite unanimous positive assessments from local and international election observers.

Shortly after placing third and narrowly missing a place in the run-off against Nashed, Gasim alleged he had been robbed of between 20,000-30,000 votes and declared “God Willing, Gasim will be President on November 11”.

On October 7 the Supreme Court overturned the poll on the basis of a secret police report not shown to the Elections Commission (EC)’s defence counsel, and issued guidelines for a new poll on October 19 effectively giving candidates the right to veto elections altogether.

“What happened smacks to me of a child who cannot win a board game, so they tip over the board,” UK Conservative Party MP for Redditch, Karen Lumley told British parliament on November 5.

The October revote was forcibly halted by police just hours before polls were due to open. A third attempt is scheduled for Saturday, just days before the end of the presidential term on November 11.

Hashtag hijack

News of the hashtag hijack was quickly picked up international travel media, drawn by contrast tweets depicting costumed expo mascots and colourful conference hall stalls interspersed with bloodied, hosed and pepper-sprayed protesters: “For much of the day about half the Tweets using the official hashtag were from Maldives protesters,” noted one travel website.

“Travel has both a positive impact and a dark underside. And those unpleasant truths are seeping into the polished booths and buffet tables visited by WTM attendees this year, both online and in person,” wrote Samantha Shankman for the Skift travel website.

WTM tweeted distancing itself from the activists, but did not remove the posts: “We would like to apologise to our followers for the misuse of our hashtag by other accounts. We are no way linked to these tweets,” read a post from the expo organisers.

The coverage follows a downbeat assessment of the industry’s economic performance given by the Finance Ministry this week. According the report given to parliament, tourism growth as measured in terms of bed nights declined by 0.1 percent in 2012 following 15.8 percent growth in 2010 and 9.2 percent in 2011.

“The main reason for this was the political turmoil the country faced in February 2012 and the decline in the number of days tourists spent in the country,” read an accompanying statement.

Tourism Minister Ahmed Adheeb was not responding at time of press.

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Fuwad discharged from hospital, EC prepares for November 10 second round

The Elections Commission (EC) President Fuwad Thowfeek has been discharged from ADK hospital after being admitted with chest pains last night.

Fuwad told Minivan News via a text message that he is currently resting at home, but will return to work this evening.

Meanwhile, the EC is preparing for a second round of elections for November 10 – a day after the first round of polls on November 9 and a day before the current presidential term ends on November 11.

A second round is to be held only if no candidate wins over 50 percent in the first round. The November 9 election marks the EC’s third attempt to hold presidential polls after the Supreme Court annulled the September 7 first round and the police obstructed a second attempt to hold a vote on October 19.

The announcement comes following extensive international pressure when the Progressive Party of the Maldives (PPM) and Jumhooree Party (JP) on Tuesday threatened not to sign the voter registry – a move that could disrupt elections.

The PPM, JP and Maldivian Democratic Party (MDP) presidential candidates met with President Dr Mohamed Waheed Hassan yesterday and agreed to sign the voter registry and requested a second round if necessary on November 10 to ensure a president elect is determined by the end of the current presidential term on November 11.

The EC issued a statement last night confirming preparations for a second round on November 9. A three hour window for reregistration was given this morning from 9:00 am to 12:00 pm.

MDP’s representative to the EC advisory council Ahmed ‘Saabe’ Shahid said the EC will print a second set of ballot papers will the names of all three candidates for the second round, but the losing candidate’s name will be crossed out at the time of polling.

Official results of the first round are to be announced by 11:30 pm on November 9, Saabe said, adding that November 10 will be declared a public holiday.

Meanwhile, the MDP has now finished signing voter lists at the EC. The PPM and JP will complete signing lists by 3:00 pm today, EC Secretary General Asim Abdul Sattar told Minivan News.

The EC had planned to dispatch voter registry, ballot papers and boxes to the islands this morning, but have been delayed “because the JP is being very slow in signing the lists,” Asim said.

“Although we were able to get the lists to be sent abroad signed and sent abroad, the lists to be sent to the islands are still pending. We had scheduled to send some lists out at 9am and 11 am, but could not as the JP has not finished signing the lists,” Asim added.

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