Tag: maldives

Leaders commit to reconciliation, prepare to begin talks

Representatives of the government and the main opposition Maldivian Democratic Party (MDP) made an unprecedented show of commitment to resolving a six-month long political crisis tonight following a preliminary meeting ahead of talks.

“I believe this is the time for a major reconciliation by finding a consensus through talks. The government, to show its sincerity, will make all the concessions we can,” Home minister Umar Naseer told the press.

Naseer and the MDP’s parliamentary group leader Ibrahim ‘Ibu’ Mohamed Solih met at the President’s Office at 11:00pm on Wednesday night, and discussed the agenda and structure for the long-awaited negotiations.

“We believe the government is ready to come to a resolution. That is why we are sitting down. I have high hope that we will find a solution,” Ibu said.

The Maldives has been gripped by political turmoil since the arrest and imprisonment of ex-president Mohamed Nasheed and ex-defence minister Mohamed Nazim.

Hundreds were arrested in protests and key figures were charged with terrorism. Diplomatic pressure has been mounting on President Abdulla Yameen’s government to release all political prisoners, including Nasheed.

“We have not spoken on the substance of the talks tonight, meaning on what it is that we will agree on, or what we cannot agree on. We spoke on the design of the talks, and how we will proceed,” Naseer said.

A second meeting will be held on Sunday (July 5) at 10:30pm.

“We noted even tonight that there is common ground. Our two parties are very mature. Both have ruled, and both have been in opposition. Both parties have experienced all there is to experience in the political sphere,” Naseer said.

“This might take some time, but both parties we are starting off with sincerity, with the hope of success.”

The two parties, in their role as opposition, had made mistakes, Naseer said. “In light of those experiences, with the awareness that either of us may be in power, or in opposition in the future, we believe this is the beginning of a very important process to shape the Maldives’ political future.”

Nasheed was transferred to house arrest for eight weeks in June, after the opposition backed a constitutional amendment to allow President Yameen to replace his vice president.

Agenda

The government’s agenda, proposed in mid-May, includes three aspects – political reconciliation, constitutional and judicial reform, and political party participation in development.

MDP has requested tonight that the government agree on five basic rules and a timeline for the talks. The proposed rules include:

  • Agreement to talks between all parties, including ruling Progressive Party of the Maldives (PPM), the MDP, the Jumhooree Party and the Adhaalath Party.
  • Each party must be able to determine their representatives
  • Talks should proceed in three stages
  • Agreement on a measure to determine success

The MDP also presented Naseer with papers on the government’s agenda points.

The party has requested that the government, in order to establish an environment conducive for talks and to reach political reconciliation, agree to the following:

  • To make concessions on “politically motivated sentencing” of politicians, including Nasheed, Nazim, ex-defence minister Tholhath Ibrahim and MP Ahmed Nazim
  • Withdraw “politically motivated charges” against some 400 protestors
  • Withdraw economic sanctions against businessmen, namely JP leader Gasim Ibrahim
  • Job security for councilors, civil servants and employees of state owned companies
  • Independent inquiry into the murder of MP Afrasheem Ali and the disappearance of Minivan News journalist Ahmed Rilwan
  • Independent investigation of the death threats sent via text messages to politicians and journalists

After an agreement is reached on political reconciliation, the MDP has proposed that the parties begin discussions on judicial and constitutional reform and development.

The MDP has also proposed a constitutional change to a parliamentary system of government

“Our party has governed within a presidential system, and so has the ruling party. Every time, it is the candidate who wins the second largest number of votes who comes to power, through a coalition. But the coalition falls apart soon afterwards and the government is plunged into turmoil. We have experienced this system and we have not seen good results, so lets change to a parliamentary system,” Ibu said.

The paper on political party participation in development includes some 40 proposals, Ibu said.

President Yameen had first proposed talks on May 14. But there was no progress after the government ruled out negotiations over Nasheed and Nazim’s release and vetoed Nasheed as an MDP representative.

When the opposition leader was transferred to house arrest, the MDP said it will continue with talks without Nasheed.

The government tonight appeared to relent on its veto on Nasheed with Naseer saying: “We have not directly decided who will represent the MDP in talks. MDP will decide that.”

Assuring the public of the government’s commitment to a resolution, Naseer said they stand ready to make any concessions necessary by amending laws.

“We have compromised even when it was really hard for us. We will do so in the future. The MDP represents a large portion of the Maldivian public and is among the largest political parties. It will be much easier for this government to achieve the development, progress that we seek with them, in light of discussions with them,” he said.

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High Court, citing lateness, rejects murder acquittal appeal

The High Court has rejected an appeal filed by the state over the criminal court’s acquittal of a man accused of killing his girlfriend, stuffing her body into a suitcase, and dumping it at a construction site in Malé.

The appellate court’s registrar rejected the appeal because it was filed after a shortened ten-day appeal period.

The Prosecutor General’s Office has blamed the delay on the criminal court’s failure to provide required court documents on time.

The Supreme Court in January shortened the 90-day appeal period to 10 days by striking down a provision in the Judicature Act.

The PG office says it plans to contest the registrar’s decision.

“We filed the appeal within 10 days of receiving court documents from the criminal court. We hope the High Court will accept this case given its sensitive nature,” said public prosecutor Ahmed Hisham Wajeeh.

The criminal court in May ruled that the state had failed to submit conclusive evidence against Mohamed Najah.

Delivering a verdict five years after the murder trial began, chief judge Abdulla Mohamed said Najah had denied charges and that testimony by the prosecution’s witnesses did not indicate Najah had committed any acts to murder Mariyam Sheereen.

The 30-year-old woman’s body was found hidden under a pile of sandbags in a construction site in January 2010. Najah was accused of taking the suitcase to the vacant building in a taxi.

Police showed CCTV footage of Najah dragging the suitcase and said that the DNA samples from the bag matched Sheereen’s. The driver of the taxi that Najah took also testified at the trial.

The couple were living together in an apartment in Maafannu Kurahage. Witnesses had testified to hearing Najah threaten to kill Sheereen and told the court that she was last seen entering the apartment on the night she went missing.

Prosecutors told the court that Najah had entered and left the apartment several times, locking the door each time, and was later seen leaving with a suitcase.

Judge Abdulla, however, said that the taxi driver had only said he had transported Najah with a heavy suitcase and had said that he had smelled a foul scent only after Najah left the cab.

The three doctors who examined Sheereen’s had not been able to determine the cause of death, he noted.

The chief judge has been accused by the opposition of corruption and bribery. Charges have never been proved. Former President Mohamed Nasheed – who was found guilty of terrorism charges over the military’s detention of judge Abdulla in January 2012 – had said the judge was suspected of involvement in a “contract killing.”

Nasheed’s lawyers say they were unable to file an appeal of his 13-year-jail term because the criminal court had failed to provide court documents on time. The government, however, insists the opposition leader can still appeal.

A High Court official previously told Minivan News that judges can accept late appeals if a reasonable justification is given, such as the lower court’s failure to provide detailed reports.

But Nasheed’s lawyers say there is no legal avenue to file an appeal, because the Supreme Court has removed the High Court’s discretionary powers to accept late appeals in the same ruling that had shortened the 90-day appeal period.

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Eight Bangladeshi men arrested for gambling

A total of eight Bangladeshi nationals have been arrested in the Maldives June on charges of gambling. They were arrested during police raids and caught with large sums of money and card decks.

Four Bangladeshi men were arrested on June 30 at 6:15am in Malé with MVR21,000 (US$1362). Another four were arrested on June 9 from suburb Hulhumalé with MVR10,000 (US$649) and a card deck.

Gambling is prohibited in Islam. It is punishable with six months in jail or a MVR150 (US$10) fine under the 1968 penal code.

There are some 124,000 migrant workers in the Maldives. A significant majority are from Bangladesh.

In December, the police arrested a Maldivian man and a woman with empty alcohol bottles and a poker set. On the same day, the police arrested 18 Bangladeshi men on suspicion of gambling with an unspecified amount of money.

According to police statements, at least 17 Bangladeshi nationals were arrested in 2013 for gambling. Eight were arrested in southern Fuvahmulah, and another nine were arrested in Addu City.

The new penal code, due to come into force in July, does not criminalize gambling.

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“I only fear Allah, not the People’s Majlis,” says vice president

Vice president Dr Mohamed Jameel Ahmed, in the first public response to his party’s attempt to impeach him, said he only fears Allah, and not the People’s Majlis or its MPs.

The no confidence motion submitted to the parliament today by 61 MPs is a motion submitted by MPs of the ruling Progressive Party of the Maldives (PPM) and their associates, and not by the people, Jameel said in a statement publicized on Twitter.

“It is a violation of the people’s rights when a party or an organization, at their whim, without any legal basis, removes an officer directly elected by them,” he said.

PPM MPs have publicly accused Jameel of incompetence and disloyalty. The ruling party is seeking to replace Jameel with tourism minister Ahmed Adeeb.

Jameel, who has remained silent on the charges against him, today accused PPM MPs of greed. They have arbitrarily amended the constitution for their personal interests, he said.

The parliament last week passed the first amendment to the constitution with overwhelming multi-party consensus to set new age limits of 30 – 65 years for the presidency and vice presidency. Adeeb is now 33. The constitution previously said candidates must be 35 years of age.

The opposition’s backing for the constitutional amendment was widely perceived to be part of a deal made in exchange for jailed ex-president Mohamed Nasheed’s transfer to house arrest.

The parliament yesterday approved changed to its standing orders to fast-track the process of impeaching the vice president. The new rules states the parliament can vote to remove the vice president without an investigation by a select committee.

Below is the full translation of Jameel’s statement:

“The no confidence motion submitted to the People’s Majlis against me today is a no confidence motion submitted by the PPM parliamentary group and their associates. I say this because Article 4 of the Constitution states that all the powers of the state of the Maldives are derived from, and remain with, the citizens. The vice president is elected through a direct vote of the Maldivian public. It is a violation of the people’s rights when a party or an organization, at their whim, without any legal basis, removes an officer directly elected by them.

Those who amended the constitution, in recent days, said the amendment was brought with the best of intentions and for the good of the nation. Their intent and motivation is now clear to the Maldivian people. The constitution, by the will of the people, dictates all the legal principles and the laws by which the Maldivian state must be governed. But, it is now very clear that all these principles, and the checks on power are being changed for a particular individual or in the interests of a certain group.

The premeditated manner and the motivation behind the undermining of the powers of the people and the changes to the governing structure are now apparent, the deception is clear. Although all the powers of the state are derived from the citizens, it is now clear to the Maldivian people that an individual or an organization will use their powers to abrogate a decision made through the direct vote of the people. There is no reason to think they will not do so again.

In this holy month of Ramadan, the Maldivian people and the nation are witnessing the greed of a few. The leaders of this attempt to undermine the people’s powers must remind themselves of the powers of the almighty and omnipotent Allah. I seek strength from Him. I only fear Him, not the People’s Majlis or the Members of Parliament.

I would like to remind the Maldivian people and myself of Verse 46 of Surah Al-Baqarah: “And seek help through patience and prayer, and indeed, it is difficult except for the humbly submissive [to Allah].”

The constitution states that the vice president must be given a 14-day notice and the right to answer the charges before the resolution is put to a vote.

Minivan News was unable to contact Jameel at the time of going to press.

Jameel left to Sri Lanka after President Abdulla Yameen authorized a medical leave. A senior PPM MP told Minivan News yesterday that Jameel was due to return three days ago, but instead departed for the UK without informing the president’s office.

The MP said President Abdulla Yameen has asked the vice president to return to the Maldives and answer to the party’s parliamentary group about his impeachment.

“We have tried contacting him repeatedly to ask him to meet with the parliamentary group. But he has not responded. We are trying to bring our problems to him and trying to find a mutual solution,” said the PPM MP.

Some opposition politicians claim President Abdulla Yameen is fatally ill and wants a more loyal deputy ahead of a life threatening surgery. The government has denied rumours of the president’s health.

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Four police officers promoted to assistant commissioner rank

Four police chief superintendents were promoted to the rank of assistant commissioner of police yesterday.

The four new assistant commissioners are Abdulla Nawaz, Abdul Rahman Yoosuf, Ahmed Mohamed Ismail and Mohamed Jamsheed.

Mohamed Jamsheed has also been appointed the new head of police intelligence.

The former intelligence chief, assistant commissioner Ahmed Arif, was appointed as the head of the development directorate. The post was previously held by Jamsheed.

A police media official told Minivan News that the promotions were routine and that positions are changed whenever a term expires.

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Maldives calls for action against Israeli leaders

The Maldives called on the International Criminal Court to investigate alleged war crimes committed by Israel during its military offensive in Gaza last year and urged “prompt action to be taken against Israel and its leaders.”

The Maldives made the call in a statement delivered at the 29th Session of the United Nations Human Rights Council at an interactive dialogue with the Independent Commission of Inquiry on the 2014 Gaza conflict.

“The Maldives also noted with deep regret the complete non-cooperation of Israel with the Commission, where the Israeli Government did not allow the Commission to enter the territories,” the foreign ministry said in a statement today.

“The Maldives condemned the well planned attacks, which were carried out during very specific times, such as ‘iftar’ and ‘suhoor’ – the Ramadan meal times, which maximised the number of civilian casualties.”

The Maldives also called on Israel to “respect the inalienable rights of the people of Palestine to self-determination and statehood.”

The foreign ministry explained that the United Nations Human Rights Council considers the plight and situation of human rights of the people of the Occupied Palestinian Territories, under item seven of its agenda, “which faces resistance from the United States of America and some Western States.”

“The Maldives has on every occasion reiterated its strong position that Agenda Item 7 should continue, as long as the occupation continues,” the foreign ministry said.

In August last year, the Maldivian media organised a ‘Help Gaza’ telethon and raised a record MVR29.4 million (US$1.91 million). The funds have since been used by the International Federation of Red Crescent (IFRC) to construct 100 housing units in Gaza for displaced Palestinian families.

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Comment: In Jameel’s defense

The vice president Dr Mohamed Jameel Ahmed left the Maldives last week amid preparations by his Progressive Party of the Maldives (PPM) to impeach him. After two days in Sri Lanka, Jameel reportedly left to the UK on Saturday without President Abdulla Yameen’s permission.

Some ruling party MPs say Jameel has fled the country.

The PPM’s justifications for Jameel’s impeachment are vague. Some MPs have publicly accused him of disloyalty and incompetence. Others have said tourism minister Ahmed Adeeb is more suited for the job. “We do not want to hide what we want to do anymore. We are going to appoint tourism minister Ahmed Adeeb as the vice-president before July 26,” one PPM MP has declared.

Meanwhile, rumors that President Yameen is fatally ill continue to persist. Opposition politicians say Yameen is seeking a trusted deputy ahead of a major surgery.

What is going on?

Impeaching a state’s vice president is no small matter.

Jameel was elected. The election may not have been free or fair, but its outcome was largely accepted. By many accounts, Jameel was the face of the PPM’s presidential campaign. Yameen was rarely seen in public, but Jameel walked door-to-door. He visited all the islands of the Maldives. Removing a vice-president amounts to overturning an election. It should only be undertaken for serious dereliction of duty.

If we allow Jameel to be voted out without debate, without a transparent and fair review of the charges against him, we are acquiescing to the most obscure of dictatorships.

Call your MP. Write letters to President Yameen. Demand answers.

Safe-guards

The Maldives constitution institutes several safeguards protecting the president and the vice-president from removal at the parliament’s whims. Article 100 lays three ground for impeachment: direct violation of a tenet of Islam or the law, misconduct unsuited to the executive or the inability to perform the responsibilities of office.

The constitution also says the Majlis may set up an investigative committee to review reasons for impeachment, and grants the accused the opportunity for defense. It further states that a two-third majority, or 57 votes of the current 85-member house, is required to remove the president or the vice-president.

The Majlis is expected to eliminate one of these safeguards today. PPM wants to amend the Majlis standing orders so that it will not be required to investigate charges against the vice president.

It is true that the constitution does leave the matter of setting up an investigative committee at the parliament’s discretion. However, even if an investigation does not take place, MPs must inform and convince us as to why Jameel must go.

Keep in mind, an impeachment is not the same as a vote of no confidence.

In parliamentary systems, prime ministers must enjoy the support of the majority to achieve office. The governments they head can fall if they lose a vote of no confidence, so they must preserve that support to stay in office.

But impeachment is a feature of presidential systems and requires a finding of extraordinary misconduct. As the separation of the executive and legislature is a fundamental aspect of the system, the impeachment process should never be used as a legislative vote of no confidence on the president or vice-president’s conduct or policies.

Impeachable offenses

Does the PPM’s charges against Jameel constitute impeachable offenses?

Speaking to Haveeru, one senior official accused Jameel of building an independent power-base by spending time with independent MPs. PPM parliamentary group leader MP Ahmed Nihan told Minivan News that Jameel had failed to publicly defend the government ahead of an opposition’s protest on May 1. Still others have said he failed to show progress in the health and education sectors.

Meanwhile, Adeeb in a text message to PPM MPs this weekend, said that President Yameen needed to be given room “to rule this nation without internal resistance,” and said “I have witnessed how difficult it is for HEP Yameen to rule with many frictions.”

These charges fall far short of the standards prescribed in the constitution. Vague utterances on loyalty do not make a case for impeachment.

If MPs removed the president or the vice president, merely for conduct of which they disapprove of, it would violate their constitutional responsibilities.

Unimportant?

Some justify the vote to impeach Jameel by arguing that the position of the vice-president is not important. It is true that the vice president is only given the responsibilities and powers delegated to him by the president.

But the constitution also states that the vice president shall perform the responsibilities of the president if he is absent or temporarily unable to perform the responsibilities of office.

Many US vice-presidents have lamented the lack of meaningful work in their role. During his tenure as the first vice- president, John Adams remarked: “My country has in its wisdom contrived for me the most insignificant office that even the invention of man contrived or his imagination conceived.”

But he also says that the vice president “is nothing, but may be everything.”

US constitutional historian Lucius Wilmerding, writing in 1947 noted that even if the office of the vice president is unimportant, the officer or the individual serving as the vice president is certainly important.

For if the president becomes unable to perform his duties, then the vice-president will assume the presidency.

If rumors over President Yameen’s health are true and if he is to undergo surgery, he will have to hand over the presidency to his deputy. This is precisely why Jameel was elected. In voting for Jameel, the public was in fact, choosing a possible president.

The Majlis must carefully consider the kind of misconduct that renders a president or vice president constitutionally unfit to remain in office. As several professors of law argued at the US House of Representatives ahead of a vote to impeach President Bill Clinton, the parliament’s power to impeach, like a prosecutor’s power to indict, is discretionary. Hence, this power must be exercised not for partisan advantage, but only when the circumstances genuinely justify the enormous price the country may have to pay in governance and stature.

Hawwa Kareem is a pseudonym. She holds a degree in political science

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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UN urged to condemn guideline for human rights watchdog

A New Delhi-based human rights NGO has called upon the UN human rights council to condemn a Maldives Supreme Court judgment barring the human rights watchdog from communicating with foreign organisations without government oversight.

In a letter to the council’s president Joachim Rücker, the Asian Center for Human Rights (ACHR) urged the UN to “take measures to rescind” the apex court’s judgment and to ensure accountability by “bringing the perpetrators, i.e. judges of the Supreme Court who initiated the suo moto proceedings against the Human Rights Commission of Maldives (HRCM) to, justice.”

The court’s ruling on June 16 found a human rights assessment submitted by the watchdog to the UN unlawful, and imposed an 11-point guideline prescribing how the HRCM should operate within the law.

The ACHR warned that the “act of reprisal” against the HRCM for “cooperating with the Universal Periodic Review (UPR) is unheard of and will set dangerous precedent across the world” if the UN human rights council fails to condemn it.

The 11-point guideline states that the HRCM must protect unity, peace and order, and uphold Maldivian norms, faith, etiquette and the rule of law.

The Supreme Court also said that the HRCM must not overstep its mandate, while ordering the independent body to cooperate with government institutions, communicate with foreign bodies through the relevant government institutions, and protect the Maldives’ reputation.

The verdict “has the potential to frighten the national human rights institutions and encourage dictatorial regimes across the world to take such repressive measures to prohibit cooperation with the United Nations human rights mechanisms,” read the ACHR’s letter.

The ACHR has special consultative status with the UN Economic and Social Council and provides information and complaints to national human rights institutions and the United Nations bodies and mechanisms.

In its submission to the UN Universal Period Review, the HRCM said the Supreme Court controlled and influenced the lower courts to the detriment of the Maldivian judiciary.

Days after the report was publicised, the Supreme Court brought charges against the HRCM members under controversial suo moto regulations that allow the apex court to prosecute and pass judgment.

Chief Justice Abdulla Saeed said the September 2014 report by the HRCM was biased and undermined judicial independence in the Maldives.

The HRCM’s submission to the UPR was based on reports by the UN Special Rapporteur on the Independence of Judges and Lawyers Gabriela Knaul.

The apex court said it had previously rejected Knaul’s report as invalid and reprimanded the HRCM for its alleged failure to consult the Supreme Court in writing the UPR submission.

The government has meanwhile defended the court’s judgment, insisting that the court’s decision “clearly stresses” the commission’s independence.

The foreign ministry said the guidelines “do no stipulate, in any specific terms, any restriction or limitation on the HRCM’s ability to submit reports to the UN or any other national or international organ in the future.”

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Joyous celebrations on MDP’s tenth anniversary

Photo by Ahmed Azim

Supporters of the Maldivian Democratic Party (MDP) held a joyous celebration of its tenth anniversary with a march in the capital Malé on Friday night.

Hundreds clad in yellow t-shirts and carrying yellow flags danced on the streets of Malé to live music. There were multiple lorries carrying a DJ, a mirror ball and a band of drummers.

The MDP is the first political party to register in the Maldives. With 46,608 members, it is the largest political party in the country.

The march ended with cake cutting at the Artificial Beach.

At the center was Mariyam Manike, who triggered pro-democracy protests in 2003 by throwing off the funeral shrouds that covered her son’s tortured body. Evan Naseem, 19 years, was beaten to death by prison guards.


Photos by Ismail Humaam Hamid

MDP supporters marched on Malé’s thoroughfare Majeedhee Magu, but took a detour down the side streets near the residence of ex-president Mohamed Nasheed, who is currently under house arrest.

Nasheed was sentenced to 13-years in jail on terrorism charges in March. His arrest and imprisonment triggered a long political crisis with daily protests. The opposition leader’s transfer to house arrest appears to signal a thaw between the opposition and the government.

“As we celebrate our tenth anniversary, we are once again at a crossroads. Every member of this party is fully aware of where this country is at and what has happened to me. The courage we require for the journey ahead has been measured. Our destination is clear,” Nasheed said in a written message to his supporters.

“It is MDP members who are most aware of the journey we must make to our destination. There are none more experienced and more capable to undertake this journey.

“The path to realizing the dreams of the Maldivian people lie with organizing ourselves as political party. The Maldivian Democratic Party will change the Maldives.”

Supporters at the march celebrated the party’s achievements, including an end to torture in jails, the fight for civic freedoms, introduction of modern election campaigns and manifestos, decentralized governance and a tax regime.

The first president of the MDP, Ibrahim Ismail said: “Members of MDP, you should all be proud today, to have preserved against adversity and come this far.”

MDP Chairperson Ali Waheed missed out on the celebration as he is in the UK over fears he may be arrested and charged with terrorism.

Celebrations also took place all over the country, including in Addu City, the islands of Fuvahmulah, Kolamafushi, Alifushi, Bilehfahi, Naifaru and Isdhoo.

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