MNDF officers sign appeal not to obey government’s orders following expiry of presidential term

Additional Reporting by Zaheena Rasheed

Maldives National Defence Force (MNDF) officers have circulated an appeal calling on their fellow soldiers not to obey “unlawful” orders issued by President Waheed or his political appointees, following the expiry of his presidential term at midnight on November 10.

The five-page document, signed by 73 officers including many mid-ranking officers, is titled “An appeal to soldiers to maintain their oath to be professional and apolitical.”

Given that the Article 107 of the Constitution limits the presidential term to five years,
And given that Article 108 of the constitution mandates the election of a president through a secret and direct vote of the people,
And given the current presidential term ends on 11 November 2013,
We do not believe there will be a president and a Commander in Chief on 11 November 2013 if there is no president elect,
And we believe the positions of President, the cabinet and all individuals  in political posts will expire at 12:00 midnight on 10 November 2013. With reference to the aforementioned constitutional articles, we believe any order they make in the name of any institution on the army and police is unlawful. We call your attention to Article 245 of the Constitution which states that we do not have to obey such orders.
In order to maintain the oath we took in the name of Allah, we have to protect the Constitution.
We swore to sacrifice our bodies and life to [protect the constitution], hence, we know the fundamental aspects of the constitutions. Neither the Attorney General nor other party have to interpret [the constitution] to us.
Hence, we call on all soldiers to respect the Constitution.

MNDF Spokesperson Colonel Abdul Raheem said he could not verify the petition as he has not seen the petition or received any information regarding the petition.

Colonel Raheem confirmed that the MNDF had promoted over 300 officers on Friday, the last working day before the expiry of President Mohamed Waheed’s term.

Colonel Abdul Raheem said the promotions had been awarded “as per usual procedures”, but said he did not know the specific reason for the promotion of such a large block of soldiers at this time.

An MNDF source meanwhile told Minivan News that the soldiers who had signed today’s appeal “are the backbone of the military, because they physically work out the operational plans. Earlier we saw the leadership’s message, and now the backbone of the military are taking the same stand to uphold the constitution.”

The appeal follows a “letter of concern” sent on Monday (October 3) by senior officers in the MNDF to Chief of Defence Force Major-General Ahmed Shiyam, following the failure of the country to hold scheduled elections on September 28.

An officer who signed that letter told Minivan News on condition of anonymity: “This is not a petition. It is a letter of concern over the Supreme Court’s order to delay elections, the failure of state institutions, and the possible politicisation of the military, and asking that unconstitutional orders not be issued.”

The MNDF reacted by firing, suspending, transferring and demoting many of the officers who had signed the letter, and then introduced new regulation banning officers from inciting “upheaval and chaos [through] speech, writing, action or gesture amongst members of the military.”

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EU refuses to extend duty-free status of Maldivian fish imports on human rights grounds

The European Union has declined to extend the duty-free status of imported fish from the Maldives, following the country’s failure to comply with international conventions concerning freedom of religion.

The Maldives exports 40 percent of its US$100 million fishing industry to the EU, its single largest export partner by value.

Until January 2014 those exports were duty-free under the Generalised System of Preferences (GSP) program, a non-reciprocal trade agreement extended to developing countries.

Maldives’ Fisheries Minister Ahmed Shafeeu said the government’s application for a year’s extension under the ‘GSP Plus’ program was declined as it had not ratified all 27 required international conventions.

“The Maldives has reservations to the freedom of religion component. Constitutionally we will not be able to remove these reservations,” Shafeeu said.

EU officials confirmed that the transitional period of trade concessions for the Maldives was due to expire as the Maldives from 2011 was not longer considered a developing country.

The Maldives applied for an extension under the ‘GSP+’ program, a unilateral trade concession of the EU given to a limited number of countries on the basis of good implementation of human rights are labor conventions, officials said, however did not qualify due to the country’s reservations to ICCPR on religious freedom and CEDAW concerning women’s rights.

Under the Maldivian constitution all citizens are required to be Sunni Muslim and the practice of other religions is criminalised. Customs authorities forbid the import of religious items and scan the baggage of tourists arriving at the airport, while politicians frequently use allegations of ‘consorting with missionaries’ as as a political attack.

Foreigner workers such as teachers accused of missionary activity have previously been sentenced but are more usually swiftly deported without trial.

The few Maldivians have publicly tested the religious citizenship provision have faced charges of apostasy, calls for the death penalty and religious counselling while incarcerated, while one journalist who publicly called for religious tolerance narrowly survived having his throat slit in July 2012.

Fisheries Minister Shafeeu warned that the sudden imposing of a 14-20 duty on fish imports would lose the Maldives its competitve advantage over the larger fishing fleets of nearby Sri Lanka and Thailand, and reduce profits to “a marginal value”.

Minister of Economic Affairs Ahmed Mohamed said that at average prices per kg Maldivian companies exporting to the EU would face a loss of US$1.66 per kg once duty was imposed.

“Internationally market price for fish fluctuates,” said Shafeeu. “In good times fish can fetch MVR 150 (US$10) a kilo, while sometimes this falls as low as MVR 45 (US$3) a kilo. Fishermen might not notice the impact [of the duty] immediately,” he said.

Most of the fish caught and exported in the Maldives is skipjack or yellowfin tuna, either processed and canned or sold fresh to overseas markets at a premium due to sustainable pole-and-line fishing techniques.

Shafeeu said the new duty was not unexpected as Maldivian fisheries had been given a three year extension of its duty-free status after graduating from the UN’s definition of a ‘least developed’ country to ‘middle income’ in 2011.

The lack of a year’s extension would force the fisheries industry to speed up exploration of other markets, he said.

“We have looked to the US where we also don’t have to pay duty, also the Russian market. With the Chinese market we have been able to get the health certification we require from them. But the US involves higher flight costs, and the highest value so far has been the EU,” he said.

While tourism is the Maldives’ largest economic sector, indirectly responsible for up to 70 percent of GDP and up to 90 percent of foreign exchange, fisheries is the country’s largest employer at over 40 percent.

The total fish catch has been declining each year since 2006 reaching 83.1 thousand metric tonnes in 2011, leading to fears about the impact of climate change and overfishing by better equipped fishing fleets on the borders of the Maldives’ Exclusive Economic Zone (EEZ).

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Maldives set for polls after months of turmoil and brinksmanship

Additional reporting by Ahmed Naish

Voting stations will be open November 9 from 7:00am to 3:30pm. Counting will begin half an hour after polls close, with provisional results expected by 11:30pm. A run off will be scheduled for November 10 if no candidate receives more than 50 percent of the total votes.

Overseas ballot boxes will open at varying times in each country: Sri Lanka, New Delhi and Trivandrum – 8:00am to 4:30pm; Malaysia and Singapore – 10:30am to 7:00pm; London 9:00am to 5:30pm.

Check where you are registered to vote using the EC’s 1414 SMS system (text 1414 in the format ‘VIS [National ID #]’, or by visiting http://elections.gov.mv/index2715.html

The Maldives is set to head to the polls on November 9 after months of political turmoil and brinksmanship over the suspension, delay, annulment and obstruction of the 2013 presidential election.

Former President Mohamed Nasheed, ousted from power on February 7 2012 by a mutinying police force that attacked military headquarters, armed opposition demonstrators and stormed the state broadcaster before giving him an ultimatum to resign, emerged the clear front-runner in September’s polls with 45.45 percent of the vote.

Nasheed was set to face Abdulla Yameen (25.35 percent), half brother of former President Maumoon Abdul Gayoom in a run-off on September 28. However the vote was suspended by the Supreme Court after third-placed candidate, resort tycoon Gasim Ibrahim (24.07 percent), filed a case alleging vote rigging – despite unanimous positive assessments by more than 1000 local and international election observers.

Gasim was joined in court by Yameen and the Attorney General, Gayoom’s former lawyer Azima Shukoor. Despite a sex video scandal impinging the integrity of at least one judge on the seven member bench, the court on October 8 in a 4-3 majority annulled the vote on the basis of a secret police report that was never even shown to the defence counsel, let alone the public.

That report, since leaked (and translated here), was this morning dismissed by an expert UN review panel.

Following the annulment, the same court held a succession of midnight hearings imposing increasing sets of restrictions on the Elections Commission’s conduct of the polls, including demands that it redo the entire voter re-registration process, and conduct extensive fingerprint verification of forms when no institution in the country had the capacity to do so on such a scale.

One of these restrictions, giving candidates the power to veto the polls by not signing the voter lists – was used by the police as justification for forcibly obstruction the rescheduled election from taking place on October 19, after Yameen and Gasim disappeared and failed to answer phone calls ahead of the signing deadline.

The court’s annulment followed two weeks of street protestsstrikes,travel warnings and rumblings of concern from top ranks in the military.

The question in recent weeks, both on Male’s streets and in diplomatic circles, has not been “Who will win the election?”, but instead, “Will there be an election at all?”

“Will there be an election?”

That may finally have been answered after international patience with the delaying tactics appeared to run out last week.

UN Human Rights Commissioner Navi Pillay accused the Maldives’ Supreme Court of interfering excessively in the elections, “subverting the democratic process and violating the right of Maldivians to freely elect their representatives.”

“I am normally the first to defend the independence of the judiciary, but this also carries responsibilities… The Supreme Court appears set on undermining other independent institutions, stifling criticism and public debate, and depriving litigants of the legal representation of their choice,” Pillay stated.

US Ambassador Michele J Sison declared that after “weeks of political bickering and questionable delaying tactics, Maldives democracy is now in peril.”

“Further delays in Maldivian Presidential elections and continued misuse of institutions have already led many in the international community to question the legitimacy of both the process, as well as the outcome of those elections,” she stated.

“Ultimately, the power of any government rests in the consent of its people. If citizens are not allowed to freely express their desires, then those that pretend to govern cannot be perceived as having legitimacy to govern,” she said, calling on Maldivians to “salvage their democratic future”.

The UK’s Minister of State for the Foreign and Commonwealth Office, Hugo Swire, declared in British parliament that “Anything short of [scheduled elections] will be unacceptable. I say again to those people listening in the Maldives: the world is watching closely and it wants democratic elections, a democratically elected president and no further impediment to that to be created artificially by anyone in that country, which deserves so much better.”

British MP Karen Lumley went a step further: “What happened smacks to me of a child who cannot win a board game, so they tip over the board,” she said of the decision to annul the September 7 vote.

Following a visit to Male’ this week, UN Assistant Secretary-General for Political Affairs Oscar Fernandez-Taranco declared Saturday 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,” he warned.

Surprisingly, the final major obstacle to the holding of tomorrow’s polls – Yameen and Gasim’ s continued refusal to sign the voter lists – suddenly evaporated on Wednesday night following the pair’s meeting with Nasheed and President Waheed.

“We made this difficult decision because of the rising anxiety of citizens and the financial loss faced by the state every day that the vote is delayed, to minimise foreign influence on this beloved nation, and to provide the party’s utmost cooperation to elect a president by November 11 by compromising to prioritise national interest ahead of the party’s interest,” read a statement from Yameen’s Progressive Party of the Maldives (PPM).

The party insists it remains skeptical of the Elections Commission and the integrity of the polls.

Gasim meanwhile told local media he had suddenly reversed his decision not to cooperate in an effort to save the nation from “starvation”.

“The country should not be impoverished because of our bickering at this stage. So as the country has reached this state I don’t want to be obstinate and refuse to sign the list,” he said.

He continued to allege that the EC was “biased” and seeking to install Nasheed as president, despite asserting “100 percent” confidence that he would win.

Nasheed was blunt: “The truth is they finally signed the voter list because a German tourist agency told them to.”

An economic resolution

If a political resolution solution was not found and the country plunged into electoral and constitutional limbo, the final resolution was always going to be economic.

The dire state of the Maldives’ financial affairs was revealed this week by Finance Minister Abdulla Jihad, in a report to parliament’s finance committee.

Tourism growth (as measured in bed nights) flatlined in 2012, plunging to negative 0.1 percent from 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,” the ministry’s statement acknowledged.

Activists this week hijacked World Travel Market twitter hashtag, flooding the feed of the world’s largest tourism expo with images of political brutality and calls for boycotts of Gasim’s Villa Hotel group.

Foreign banks have meanwhile refused to buy treasury bills (T-bills) from the Maldives, with some even refusing to roll over previously-sold T-bills, while others only agreed to buy them at interest rates of 11 percent, Jihad conceded.

While MVR500 million (US$32 million) a month was needed to pay salaries and allowances for state employees, government income in some months was just MVR300 million (US$19 million), Jihad noted, leaving the government no option but to draw on the central bank’s reserves.

Central Bank governor Fazeel Najeeb meanwhile warned that these reserves – barely several months worth of imports – had fallen so low as to place the Maldives on the verge of having to print money.

The State Trading Organisation (STO) then declared that oil supplies would run dry as soon as November 10 due to its US$20 million debt to suppliers, largely a result of the failure of state-owned companies to front up almost US$40 million in payments, and begged the central bank to bail it out.

The Maldives is dependent on oil for tourism, fishing, power and transport, with petroleum imports amounting to US$248.4 million in the first half of 2013 – representing 29 percent of the cost of all goods brought into the country.

A day later, the European Union rejected the Maldives’ application for an extension of duty free status for fish imports, due to country’s failure to comply with international conventions concerning freedom of religion and women’s rights.

The Maldives exports 40 percent of its US$100 million fishing industry to the EU, its single largest export partner by value. The imposing of the 14-20 percent duty as of January 2014 would lead to a loss of US$1.66 a kilo exported, revealed Economic Development Minister Ahmed Mohamed.

On his last day in office, President Mohamed Waheed meanwhile approved the lump sum payment of three months’ wages to cabinet ministers, a total expenditure of MVR 2 million (US$129,702).

“Who will win?”

With the registries signed, election materials have been dispatched across the Maldives with officials already arriving with ballot papers in the southern-most atolls of Addu and Fuvahmulah.

Transparency Maldives has announced it is ready to monitor the elections, while elections observation teams from the Commonwealth, UN, EU and countries including India and Japan are present in the country. Elections Commissioner Fuwad Thowfeek told local media he has been assured by Defence Minister Mohamed Nazim that police would cooperate with tomorrow’s election.

The number of eligible voters in the revote is 239,105, just a few hundred short of the 239,593 registered to vote on September 7, which saw an 88 percent voter turnout.

Campaigning by Yameen and Gasim during the court saga has been muted compared with the lead up to September 7, while the MDP has maintained regular rallies and protest actions following the annulment.

The impact of the annulment and attempts to delay the polls, as well as the behaviour of the Supreme Court and international opprobrium on voter sentiment makes it difficult to predict support for Yameen and Gasim based on the results of the first round. This is especially true in the case of Gasim, whose energetic, incentive-based campaigning ahead of the first round appears to have been diluted by the focus on the court trial.

Foreknowledge of the annulled first round results may also impact non-committal voters in unpredictable ways.

Following the results of the first round, in which the incumbent President received just 5.13 percent of the vote, the Dhivehi Rayyithunge Party (DRP) which had been in coalition with Waheed defected to Nasheed’s Maldivian Democratic Party (MDP) and Waheed withdrew from the race.

Based on the results of the first round this could be expected to lend up to five percent to the MDP, helping the party close on the more than 50 percent of the vote it so confidently predicted it would achieve ahead of September 7.

Minivan News will be covering the November 9 election via live news blog.

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Parties hold final events in capital city Male’ on last day of campaigns

Progressive Party of Maldives (PPM),  Maldivian Democratic Party (MDP) and  Jumhooree Coalition (JP) – the three parties contesting in the November 9 presidential elections – have held final rallies around the capital on Friday evening, ending just in time to meet the 6:00pm campaign prohibition hour.

PPM vehicle round

PPM and its coalition partner Maldives Development Alliance (MDA) organised a round of vehicles as their last campaign event.

The event was led by presidential candidate Abdulla Yameen, who rode atop a party themed convertible car, with over a dozen lorries decorated in party-themed clothed and balloons following him carrying supporters.

Around 50 motorcycles followed the rally, also decked in pink. The total rally had close to a thousand supporters.

The vehicles halted near the Raalhugandu area – the usual rally grounds of opponent MDP – where Yameen addressed the onlookers.

“Do you want to return back to the brutality? Have you forgotten the past?” he asked of them, while urging them to vote for the party.

Supporters in the lorries threw chocolates, leaflets detailing their tourism policy and posters which displayed what they alleged to be corruption during Nasheed’s administration.

MDP march

Maldivian Democratic Party marched around capital city Male’, to the sound of campaign music and loud chants by the crowd of several thousand supporters.

The rally was led by the party’s presidential candidate and former President Mohamed Nasheed, his running mate Mustafa Lutfi, as well as many MPs and senior members of the party’s council who walked along with the crowd.

Supporters carried flags, streamers, balloons and placards showing the party’s slogans and pledges, with “ehburun” [in one round] remaining the main message.

Jumhooree Gathering

Jumhooree Coalition parties gathered near the Social Centre in Maafannu ward, with several hundred supporters in attendance.

The coalition’s presidential candidate and JP leader Gasim Ibrahim, as well his running mate Hassan Saeed joined the gathering.

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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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