Translation: MNDF officers’ ‘letter of concern’

The following is a translation of a leaked “letter of concern” circulating on social media, submitted by senior officers of the Maldives National Defence Force (MNDF) to Chief of Defence Force Major-General Ali Shiyam on September 28. Following the release of the letter the MNDF amended its regulations to punish officers who promoted “upheaval and chaos”. Brigadier General Abdulla Shamaal was subsequently removed from his position as the Commandant of Training and Doctrine,while First Lieutenant Abdulla Shareef (Marine Corp), Sergeant First Class Ali Waheed and Lance Corporal Sharhaab Rashid were dismissed from service. First Lieutenant Mohamed Haleem resigned, stating “For the last 23 years [of my military service]; I have served this country under a solemn oath taken in the name of Allah, I do not see any way that I can carry out my duties as prescribed in the constitution and the military act, while in this position, therefore I request you to relieve me from my duties.”

To Chief of Defence Force Major General Ali Shiyam:

Whereas Article 236 in Chapter 9 of the Republic of Maldives’ Constitution states the Maldivian security services, consisting of the Military Service and the Police Service, is established to enable all persons in the Maldives to live in peace, security and freedom,

Whereas Article 237 states 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,

And whereas Article 238 states that the actions of the security services must be exercised in accordance with the Constitution and the law, and operate on the basis of accountability,

And whereas Article 111 states that if no candidate wins by over fifty percent of the votes in a presidential election, a run-off election must be held within twenty one days of the first election,

And whereas Article 142 states judges must comply with the constitution and the law,

On 7 September 2013, a presidential election was held as per Article 110 of the Constitution. The Elections Commission announced a second round of election on 28 September 2013 as per Article 111 of the constitution.

According to Article 111 of the constitution, a second round of election must be held within 21 days after the first election, and that date is 28 September 2013. We believe, given Article 8 of the Constitution states that the powers of the state shall be exercised in accordance with the constitution, and as 28 September 2013 is the last date on which the second round of the presidential elections can be held, the Supreme Court order to delay the election is one that creates dangers for the nation and its citizens and creates challenges from a national security point of view, and may impede the military from carrying out is constitutionally mandated duties.

As per Article 237 the security forces are mandated with defending democratic institutions, and maintaining and enforcing law and order.

Given the shifting national security atmosphere in the country, and as the Maldivian state’s independent institutions and the international community are repeatedly calling for all parties to respect the constitution, we believe any military act that violates constitutional rules and democratic norms, will destroy the sovereign state established in the Maldives, destroy law and order in the country, and allow for a military state to be established in the Maldives.

This is due to influential actors who may abuse the turmoil and constitutional void following the delay in presidential elections. We are concerned that the chain of command established in the military as per the laws will be lost, and will allow for the military to be used as a tool to hand over administration of the state to a certain group of people.

Article 245 states that no one is allowed to issue an illegal order to a member of the security services and that members of the security services should not obey such an order. Hence, due to orders issued in the above mentioned situation, this institution [military] may fall into a deep pit, and we fear that subordinate commanders and lower ranks may be legally locked into a dark cell and may be criminally charged at a later date.

Hence, we express grave concern, and appeal for this institution not to be propelled into a deep pit, and state that we will steadfastly remain with good military behavior and good order against any illegal order.

28 September 2013

Signed:

Brigadier General Shamal
Colonel Abdul Raheem
Brigadier General Ahmed Jihad
Brigadier General Ahmed Nilam
Colonel Hamid Shareef
Lt. Colonel Nasrulla Majdhee
Captain Abdul Muizz
Lt. Colonel Ibrahim Hilmee
Sergeant Major Hassan Fawaz
Sergeant Major Naushad Ali
First Lieutenant Abdulla Shareef
First Lieutenant Mutholib [unclear]
Sergeant Major [first name unclear] Vaseem
[name unclear]
[name unclear]
Captain Hassan Amir

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Government releases MDP MP “Gadhoo” Zahir’s passport

The Department of Immigration has released Maldivian Democratic Party (MDP) MP Zahir Adam’s passport today.

The passport was withheld on Friday night at the Ibrahim Nasir International Airport (INIA) as Zahir attempted to leave the country to get medical treatment.

Immigration Controller Dr Mohamed Ali said Kaafu Atoll Guraidhoo Island had issued an order to withhold the passport, but had ordered its release today.

“We follow the court’s orders. When Guraidhoo court asked us to withhold the passort we did that. When they told us to release the passport, we did that also,” Ali told Minivan News.

In a statement on Saturday, Zahir said he had not been informed of charges against him in any court.

“This is an act to cause trouble for MDP MPs, and to threaten and obstruct MDP’s reform programs,” Zahir said.

Minivan News was unable to reach the Guraidhoo Court at the time of press.

MDP MPs Eva Abdulla and Ali Azim were arrested last week as the party continues demonstrations for elections to expedited after the Supreme Court ordered the police to forcibly halt the second round of presidential elections. The run off had been scheduled for September 28.

Eva was arrested at a protest on Tuesday evening and released after a few hours of detention. Ali Azim was arrested on Sunday last week, and has now been transferred to house arrest.

Meanwhile, the police have said it is investigating MDP MPs Alhan Fahmy, Imthiyaz Fahmy, Mohamed Rasheed (Bonda) and ‘Reeko’ Moosa Manik for contempt of court and threatening the police, judges and their families.

MDP MPs Abdulla Jabir and Hamid Abdul Gafoor are currently standing trial on suspicion of possessing drugs and alcohol.

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Defence Minister Nazim and lawyer Shaaheen Hameed dismiss speculations of impending military takeover

Prominent Lawyer Shaaheen Hameed and Defence Minister Retired Colonel Mohamed Nazim have dismissed social media speculation of an impending military takeover, should no president be elected by November 11 – the date on which the current five year presidential term expires.

Speculation began circulating on social media after former Minister of Environment and Housing Mohamed Aslam – who is himself an ex-serviceman – wrote on his Facebook status that he had received information of an impending military takeover by the Maldives National Defence Force (MNDF).

“The following I was informed just now: Reports from Supreme Court staff say they have seen notes written by judges saying that [the] military is studying how to take over the government and call for elections in 100-180 days. [Defence Minister] Nazim had asked Shaaheen Hameed and [Attorney General] Azima Shukoor to study similar takeovers in Thailand, Fiji and in Algeria,” wrote Aslam on his Facebook update.

“They are paid, I am told, 1.7 million rufiyaa for this study to be completed in 7-10 days. Under this, they will dissolve the [Parliament], Courts and appoint a military commission including [Yameen Abdul Gayoom] and [Gasim Ibrahim]. Supreme Court verdict stalled.”

Speaking to Minivan News on this Sunday, Defence Minister Nazim claimed that Aslam’s allegations were baseless and said such rumours were spread by the opposition Maldivian Democratic Party (MDP) to tarnish his image and reputation.

“I have never spoken about such a thing. I believe governments should be changed through a vote of the people. I would never do such a thing. It is against all democratic principles,” Defence Minister Nazim told Minivan News.

Meanwhile in a statement released to local media last Saturday, Shaheen Hameed claimed that he had not taken part in any legal work relating to the Jumhoree Party (JP)’s Supreme Court petition against the Elections Commission (EC), in which the party requested the court to annul the first round of presidential election. Although local and international election observers praised the credibility of the polls, the third-placed JP alleged the vote was flawed due to electoral discrepancies and irregularities amounting to a “systematic failures”.

Shaheen in the statement added that he had not given any legal advice regarding the case to anybody including a political party or a state institution, let alone the Defence Minister.

“And, I shall not by any means take part in an attempt to undermine the constitution of the Republic of Maldives,” wrote Shaaheen Hameed.

Shaaheen furthermore claimed that such baseless allegations levied against were intended to tarnish his public image and incite hatred towards him.

Concerns within the military

The speculations began shortly after some 17 senior military officers sent a ‘letter of concern’ to MNDF Chief of Defence Force Major General Ahmed Shiyam, in which the officers expressed concern over the recent Supreme Court injunction to indefinitely delay the second round of Presidential Election – which could possibly lead the country in to a state of constitutional limbo.

“We believe, given Article 8 of the Constitution states that the powers of the state shall be exercised in accordance with the constitution, and as 28 September 2013 is the last date on which the second round of the presidential elections can be held, the Supreme Court order to delay the election is one that creates dangers for the nation and its citizens and creates challenges from a national security point of view, and may impede the military from carrying out is constitutionally mandated duties,” wrote the officers

“Hence, we express grave concern, and appeal for this institution not to be propelled into a deep pit, and state that we will steadfastly remain with good military behavior and good order against any illegal order,” concluded the letter.

Suspensions

Shortly after the reception of the letter, MNDF introduced an amendment to its own regulations to include a chapter that imposed punishments and penalties against officers who incite ‘upheaval and chaos’ within the military ranks.

Three officers have been indefinitely suspended after the amendment came into force, while Brigadier General Abdulla Shamaal – who appeared to be the first signatory to the letter – has been sidelined from his position as the Commandant of Training and Doctrine.

Three officers: First Lieutenant Abdulla Shareef, Sergeant First Class Ali Waheed and Lance Corporal Sharhaab Rashid have all been suspended under the section 4(a) of the MNDF Employment Regulation.

First Lieutenant Abdulla Shareef and Sergeant First Class Ali Waheed had been suspended for inciting “upheaval and discord” among the ranks of the military while Lance Corporal Sharhaab Rashid had been suspended for “disseminating confidential information to the public without authorisation”.

Meanwhile in another turn out of events, First Lieutenant Mohamed Haleem requested resignation from the defense force over “difficulties in executing his duties”.

“I do not believe the security services are currently adhering to the constitutional provisions stated in articles 237 and 238. Also, while the spirit of article 246 of the constitution is, to refrain from political affiliations and to treat equally among the people and different groups, respecting the principles of Islam and human dignity, I do not see this currently happening [within the security services],” First Lieutenant Haleem wrote on his resignation letter.

The alleged disgruntlement within the MNDF officers also coincided with a letter from Former Male Area Commander of MNDF Retired Brigadier General Ibrahim Mohamed Didi published on social media, in which he advised military officers to uphold the law and constitution regardless of who attempted to undermine it.

“My advice to the military officers is: ‘Do not give the opportunity to anyone who plans to rule this country by taking the laws to their own hands and override the constitution and undermine the constitutional framework of this country’,” wrote the ex-Brigadier General.

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Government targets public share sale in airport operator MACL over next seven days

The government has announced its intention to begin publicly selling shares in the state-owned Maldives Airports Company Limited (MACL) – the current operator of Ibrahim Nasir International Airport (INIA).

Although the country’s Finance Ministry today told Minivan News that no timeline had been finalised for the sale owing to “legal process”, the President’s Office confirmed the state had planned to begin offering shares to the public within the next seven days.

India-based newspaper ‘The Hindu’ has meanwhile quoted an unnamed government source as claiming the administration of President Dr Mohamed Waheed was expected to hold most of the shares in the state-owned company on the back of such a sale.

The share sale has been announced despite arbitration hearings pending in Singapore into a US$1.4 billion compensation claim filed by India-based GMR, after a 25 year agreement to develop and manage a new terminal at INIA was declared void by the current government in November 2012.

The government maintains the decision to terminate the World Bank-approved GMR tender was made over allegations of corruption, claims ultimately rejected by the country’s Anti-Corruption Commission (ACC) this year.

President Waheed’s administration last November gave the foreign investors seven days to hand over the unfinished airport to the government-owned Maldives Airports Company Limited (MACL), which later sought to transfer the assets to a newly-created, state-owned entity called Male’ International Airport Limited (MIAL).

The government later abandoned its intentions towards such a transfer by June this year, on the basis that the “the termination of the contract between the government of Maldives and GMR [is] currently in the arbitration stage.”

With the transfer cancelled, Finance Minister Abdulla Jihad told Minivan News today that the cabinet had approved plans to sell shares in MACL to members of the public, although no date had yet been agreed to begin such a sale.

“There is a legal process we have to follow. We are working on the time frame,” he added.

Jihad request that all other questions over the legal implications of the share sale amidst ongoing arbitration should be directed to the office of Attorney General (AG) Azima Shukoor.

President’s Office Media Secretary Masood Imad said he too was aware the government was looking to sell shares over the “coming week”, but said any further queries should be forwarded AG Shukoor or other members of special committee charged with overseeing the airport’s development.

AG Shukoor and Deputy AG Ahmed Usham were not responding to calls from Minivan News at time of press.

Meanwhile, Maldives Airports Corporation Limited (MACL) CEO Ibrahim ‘Bandhu’ Saleem requested Minivan News contact the Ministry of Finance regarding all information on the MACL share sale.

Asset concerns

In May this year, a global body representing the world’s airports, issued a notice advising its members to exercise caution before making any investments relating to INIA, over concerns of the government’s intention of transferring MACL’s assets to MIAL.

In an email obtained by Minivan News dated May 8, Airports Council International (ACI) advised: “due diligence while considering any investment in the Maldives, considering the latest developments, uncertainty of outcome of elections, the legal and financial risks of the current arbitration and the nascent legal framework.”

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Domestic fears of “inadequate” child protection linger as Maldives co-sponsors 22 UN rights resolutions

The Maldives has backed global resolutions outlining commitments on child protection, the environment, freedom of assembly and wider civil rights during the recently concluded 24th session of the United Nations Human Rights Council (UNHRC).

However, one local NGO focused on the rights of children has questioned the Maldives domestic commitments to pursue legal reforms in areas such as the use of flogging and the treatment of victims of sexual abuse, expressing fears child protection commitments undertaken by successive governments still remain “inadequate”.

The same group has called for the state and parliament to press ahead with ratifying an optional UN optional protocol signed by Maldivian authorities last year said to pave the way for reforms of the treatment of sexual abuse victims in the country.  The optional protocol would allow for international intervention if all domestic legal avenues are exhausted, said the NGO.

The country’s treatment of victims of sexual offences has come under intense global scrutiny this year, with the High Court in August overturning a flogging sentence handed to a 15 year-old girl charged with ‘fornication’.

Campaigning for the case to be dropped received two million signatures globally as the minor – found guilty of having consensual sex – was later revealed to have been charged on the basis of information obtained during investigations that she had been sexually abused.

UNHRC concerns

Upon concluding the latest UNHRC session, the Foreign Ministry said the country has co-sponsored 22 resolutions and supported other focuses on civil and human rights, as well as “freedom of peaceful assembly” during the session, where it has served as Vice President representing the Asian Region of the Council for 2013.

“The Maldives actively engaged on resolutions, on issues related to gender equality and children’s rights, environment and water rights, technical assistance to member countries, and social, political, economic and civil rights, human rights situations in countries,” the ministry’s statement read.

According to the Foreign Ministry, the country also spoke on issues affecting Palestine, criticising what it called the systematic and gross violations by Israel towards the country’s citizens.

“Radical changes”

While the country was selected as a Vice President of the UNHRC for this year, the international rights body last year recommended authorities in the country enact “radical changes” to Maldivian law to ensure compliance with the International Covenant on Civil and Political Rights (ICCPR).

The requested changes – made after former Home Minister Dr Mohamed Jameel Ahmed and State Minister for Foreign Affairs Dunya Maumoon defended the country’s record at the UNHRC in July 2012 – relate to matters of  freedom of religion and belief, and reforming the country’s judiciary.

Earlier this year, the present government committed itself to review local laws and enact potential reforms of the use of flogging, although no time-line for enacting such amendments has been confirmed beyond the commitment to hold talks.

Local NGO Advocating the Rights of Children (ARC) told Minivan News that it had been invited among a number of other organisations to submit input at the time to a specially-formed presidential committee to review legal amendments.

“However, ARC does not sit on the committee which comprises of government ministries,” stated the NGO. “Therefore, the role of the NGOs is quite limited in this process and we are also not kept in the loop on the developments.”

ARC added that with authorities yet to share their report, the status of which remains unknown, it was not possible to comment on possible outcome of proposed reform efforts.

Minivan News was awaiting a response from the government committee’s secretariat at time of press concerning the present status of the government’s reforms.

Child protection

Earlier this year, ARC expressed concern that child protection measures currently in place in the country were “inadequate”, requiring provisions outlined in the Optional Protocol on the Convention on the Rights of the Child (CRC) to be adopted into law. The Maldives ratified the CRC in 1991.

Once ratified, the CRC optional protocol is said to allow an individual, group or representative of a child victim of abuse to submit complaints to the UN Committee on the Rights of the Child for legal assistance is domestic assistance is not forthcoming.

“The Optional Protocol should always be used as a last resort, and while the Maldives has signed it in early 2012, we believe it is extremely important to ratify this optional protocol at an early date, because one of its key goals is to encourage governments to create good options and solutions for children at the national level,” ARC told Minivan News this week.

“Most governments would prefer to not have a local issue go to an international committee for review, so we think it will undoubtedly encourage governments to create and improve existing services and support for children.”

The NGO claimed that after signing the convention on February 28, 2012, the Maldives was still yet to ratify it, with the government saying that a decision would be taken within the cabinet after a new president is signed in on November 11, 2013.

Gender Minister Dr Aamal Ali told Minivan News this week that she was “not able to [give] sufficient insight” into the status of the government’s reform efforts, adding that the optional protocol was set to be discussed in cabinet at a later date.

Correction:  An earlier version of this article incorrectly stated that the Maldives had ratified the Convention on the Rights of the Child (CRC) last year. The CRC has been ratified by the country in 1991. The error has now been corrected.

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President Waheed calls on educators to instill “good conduct” in Maldives youth

President Dr Mohamed Waheed has today said it is imperative teachers and school management are teaching students “good conduct” like respecting their elders, while expressing the importance of education to national development.

Speaking to mark the occasion of Teachers’ Day, the president said instilling good values in children was hugely important to a country that is “undergoing transformation” like the Maldives, with schools playing a key role in strengthening the social fabric of the nation.

According to the President’s Office website, Dr Waheed also highlighted a need nationally for skilled and informed teachers, as well as providing them with professional development activities.

Relevant institutions were therefore asked to help assist with producing quality, skilled teachers, with the most important consideration being that young people are taught “good discipline based on Islam”.

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Human Rights Commission condemns government’s “intimidation” of NGOs

The Human Rights Commission of Maldives (HRCM) has condemned the government’s use of  “threats and intimidation” against civil society groups.

HRCM officials have also met with the Maldives Police Service to discuss allegations of the misuse of strip searches following recent demonstrations.

Writing to the Home Ministry, the commission reported that it had “condemned the infringement of the right to freedom of association as [an] expression of these two organisations”.

The letter also called upon the ministry to refrain from “unlawful sanctions” and activities that prevent such groups from working for the protection of human rights.

The HRCM pointed to Article 2(c) of the Human Rights Commission Act, which obligates it to support and protect these NGOs in the their work.

State Minister for Home Affairs and the Registrar of NGOs Abdulla Mohamed last week declared that the Tourism Employees Association of the Maldives (TEAM) and Transparency Maldives (TM) were under investigation for “unlawful acts” and warned NGOs that organisations acting outside of law would be dissolved.

The Maldivian Democracy Network has also condemned the minister’s remarks.

Transparency has publicly called for the Supreme Court to respect the constitutionally mandated election schedule, after it noted no significant issues during its extensive observation mission covering the first round of presidential polls.

The group has also questioned the integrity of the Supreme Court bench prior to its decision to delay the second round of voting.

The integrity of the court has become a running theme during the ensuing demonstrations, with particular attention drawn to Justice Ali Hameed’s alleged appearance in a string of sex-tapes.

TEAM – an industry body representing some 5000 resort workers – has threatened prlonged strikes, saying that the Supreme Court order “destroys the principles of democracy we have embraced and voids articles of the constitution.”

Transparency Maldives – an affiliate of Transparency International – states its mission as improving “transparency and accountability in all sectors” as well as increasing awareness of “corruption and its detrimental effects on society and development”.

The HRCM has also met with the police after being made aware of allegations that strip searches were being used in an unnecessary and discriminatory manner following the arrest of protesters.

Allegations of arbitrary and frequent use of pepper spray, beating, strip-searching, frisking, handcuffing and drug testing of Maldivian Democratic Party (MDP) supporters were heard during the Parliamentary Privileges Subcommittee this week.

During the HRCM’s meeting with police, it stressed its belief that strip searches were a “degrading and inhuman treatement” that was to be avoided whenever possible.

The HRCM urged the police to obtain the detainee’s consent and the authorisation of a senior officer before conducting such a search, as well as ensuring that those carrying out the search are adequately trained.

In a statement issued on Wednesday (October 2), police said they were authorised to frisk and conduct strip-searches under Articles 32-36 of the the Police Powers Act.

The articles state that police are authorised to use such procedures if they have reasonable grounds to believe the detainee may hold an object to harm themselves or another, or an object for intoxication, or an object to commit an illegal object.

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Two more MNDF officers suspended indefinitely, Brigadier General removed from command

The Maldives National Defense Force (MNDF) has suspended two more officers, and removed Brigadier General Abdulla Shamaal from his position as the Commandant of Training and Doctrine (CTD).

The move comes just three days after the MNDF introduced an amendment to its own regulations to include a chapter that imposes punishments and penalties against officers who incite ‘upheaval and chaos’ within the military ranks.

Hours after the new amendments were brought into force, First Lieutenant Abdulla Shareef was handed an ‘indefinite suspension’ from the service on the grounds that he was found guilty of attempting to cause upheaval and chaos within the military rank.

During the early hours of Friday, the MNDF in a statement on its website made the announcement that two more officers – Sergeant First Class Ali Waheed and Lance Corporal Sharhaab Rashid – had been given an indefinite suspension.

According to the statement, both the officers had been suspended under the section 4(a) of the MNDF Employment Regulation – the same provision which the MNDF justified the suspension of First Lieutenant Abdulla Shareef.

The statement claimed that Sergeant First Class Ali Waheed had been suspended for inciting “upheaval and discord” among the ranks of the military while Lance Corporal Sharhaab Rashid had been suspended for “disseminating confidential information to the public without authorisation”.

Meanwhile, the suspensions also coincided with the removal of Brigadier General Abdulla Shamaal from his position as Commandant of Training and Doctrine (CTD).

Brigadier General Shamaal, who was promoted from Colonel to Brigadier General in 2010 during former President Mohamed Nasheed’s administration, has undergone extensive military training and education, acquiring expertise in the field of defense and security studies.

He is currently a member of United Nations Senior Experts on Security Sector Reform (SSR) Roster – the first ever Maldivian to acquire membership on the roster.

Apart from the Commandant of Training and Doctrine of MNDF, Brigadier General Shamaal is also a Commandant of the MNDF Marine Corp.

MNDF Media Official Colonel Abdul Raheem confirmed to local media that two officers Sergeant First Class Ali Waheed and Lance Corporal Sharhaab Rashid had been suspended indefinitely.

He also confirmed that Brigadier General Abdulla Shamaal had been removed from his position, but said he did not exactly know the reason for the removal. However, Colonel Raheem said that MNDF has not yet taken any decision to remove Brigadier General Shamaal from his position as Commandant of the MNDF Marine Corp.

The ‘anti upheaval and chaos’ amendment that has now become the 22nd chapter of the Military Regulation dictates that upheavals and chaos that are incited through speech, writing, action or gesture among members of the military will be subjected to administrative punishments and penalties.

The new definition of incitement of ‘upheaval and chaos’ laid down in the new amendment includes:

  • Making demands through petitions drawn among two or more officers
  • Displaying content that could sow discord and disorder amongst military flanks through speech, writing, graphical depictions, photographs or any other means
  • Speech or conduct that amounts to doubts and questions being raised about the legality of an order given to the officers or a group of officers and
  • Incitement of hatred and false allegations towards the upper ranks of the military.

The suspensions and actions taken against senior MNDF officers are believed to have begun following a letter of concern sent to the Chief of Defense Force Major General Ahmed Shiyam by senior officers of the MNDF.

In the letter, the officers raised concerns over threats to national security and internal security following the recent Supreme Court order to indefinitely suspend the run-off election of the Presidential Election – which could possibly lead the country to a state of constitutional limbo.

A leaked copy of the letter obtained by Minivan News suggested that Brigadier General Abdulla Shamaal was the first person to sign the letter.

MNDF Media Official Colonel Raheem – a signatory of the letter himself – confirmed the authenticity of the letter, telling Minivan News last week that it had been intended to inform the MNDF leadership of their “concerns about political turbulence in the country right now and how the military should plan and prepare for it”.

In a similar notion, Former Male Area Commander of MNDF Retired Brigadier General Ibrahim Mohamed Didi – who is publicly regarded as a hero for his exploits during the 1988 Tamil coup attempt – in a letter published on social media advised military officers to uphold the law and constitution regardless of who attempted to undermine it.

“My advice to the military officers is: ‘Do not give the opportunity to anyone who plans to rule this country by taking the laws to their own hands and override the constitution and undermine the constitutional framework of this country’,” wrote the ex-Brigadier General.

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

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

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

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

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

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

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

Instability

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

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

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

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

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

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

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

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

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

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

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