Supreme Court hears Jumhooree Party’s case requesting election annulment

The Supreme Court has held the first hearing of the case filed by the Jumhooree Party (JP) against the Elections Commission (EC), requesting the apex court annul the presidential election held earlier this month.

Following a third place finish in the poll, JP leader and resort tycoon Gasim Ibrahim announced his belief that he “should have finished the race in first place”, denouncing the results released by the EC.

During the first hearing the legal team of the JP, led by Gasim’s running mate and former Attorney General Dr Hassan Saeed, produced 13 reasons for the court to annul the elections. The party was also joined today by Attorney General Azima Shukoor and representatives of the second-placed Progressive Party of Maldives (PPM), who criticised the EC in court.

Among the reasons given by Dr Saeed were: the inclusion of 669 deceased people in the voter registry, 102 repeated names, and the inclusion of 1,818 fake people whose national identity card numbers were not in Department of National Registration (DNR) database.

Dr Hassan also produced the names of voters allegedly omitted from the voter list, cases of double voting and of EC officials not using police assistance when transporting ballot boxes.

Prior to the hearing scheduled today (September 17), Dr Saeed told local media that in its petition filed at the Supreme Court, the JP would also request that the court order the security services to oversee the entire electoral process of a fresh presidential election.

The JP, in light of the evidence produced, requested the court declare the voter list and voter registry to have been compiled in contrast to the requirements of the law, and to therefore annul the presidential polls.

The party also requested that the court issue an injunction ordering the Elections Commission to stop work towards the scheduled run-off elections expected to happen on September 28.

EC response and High Court hearing

In response to the claims, Elections Commission’s lawyer and former Attorney General Husnu Al Suood claimed that JP’s evidence lacked any substance or basis, and questioned the authenticity of the documents produced to the court.

“The ultimate question we are facing here is, has the Jumhooree Party produced sufficient evidence which is enough to annul a presidential election?” Suood asked the seven-member panel of judges.

Suood – citing cases from other countries, including the famous 2000 US Supreme Court case Bush v. Al Gore regarding its presidential elections – contested that a constitutional void could follow any delay of the electoral process.

Attorney General Azima Shukoor – representing the state – told the court that the Attorney General’s Office had also found discrepancies in the voter registry, including underage people listed as eligible for voting, and the mixing up of voter information – including gender, address, and date of birth.

Although the Attorney General did not explicitly support annulment of the election, she too along with PPM and JP spoke against the commission’s arguments.

Azima requested that the Supreme Court order the Prosecutor General’s Office to take action against those found responsible for electoral fraud and other discrepancies.

Meanwhile, PPM lawyer Adam Zaneen unexpectedly also requested the court to annul the election based on the discrepancies highlighted by the JP.

The opposition, and poll-leading MDP, disputed the PPM’s argument, echoing Suood’s assertion that the JP had not produced substantial evidence – even that required to prove by balance of probabilities – to substantiate claims of electoral fraud.

The MDP also contended that annulling the election would undermine the rights of 95,000 voters who had backed the its candidate.

The Chief Justice concluded by saying that another hearing of the case would be held Wednesday (September 18), though he did not state a time.

Earlier in the week, the JP filed a similar lawsuit against the EC at the High Court, requesting the court order the EC to hand over the original voting lists placed at the ballot boxes during voting.

After a hearing today, the High Court  ordered the EC to facilitate, in such a way that will remove the complainant’s doubts, the viewing of the voters list at the commission for Gasim Ibrahim himself or “a sufficient number” of his representatives.

The High Court panel stated that the ruling was based on the fact that candidates contesting in elections have the right to ascertain that all matters relating to elections are conducted freely and fairly, in a transparent manner, while the EC has a legal obligation to ensure and demonstrate the same.

Outside the courtroom, the EC has meanwhile emphatically rejected the JP’s allegations of misconduct, pointing to unanimous praise for the first round’s registration, voting and counting processes by local and international election observers.

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Elections Commission announces final first round election results

The Elections Commission (EC) has announced the final results from the first round of the presidential election held September 7.

The EC announced the results yesterday (September 14) after the High Court rejected the Jumhooree Party’s (JP) request for an injunction to halt the announcement.

Maldivian Democratic Party (MDP) presidential candidate and former President Mohamed Nasheed placed first, winning 95,224 votes, or 45.45 percent.

Progressive Party of the Maldives (PPM) candidate Abdulla Yameen – an MP and half-brother of former autocratic President Maumoon Abdul Gayoom – received 25.35 percent,or 53,099 votes, to place second.

While the EC’s final results page showed these figures – identical to those released preliminarily on September 8 – local media outlet Sun Online reported that Yameen had received 54,099 votes – a discrepancy of 1,000 votes.

Gasim Ibrahim – resort tycoon, owner of Villa TV (VTV), MP, and JP leader – placed a close third at 24.07 percent, with 50,422 votes.

Gasim and his Jumhooree ‘Gulhun’ (coalition) – consisting of the Islamist Adhaalath Party (AP), the Dhivehi Qaumee Party (DQP), as well as former PPM Vice President Umar Naseer – have contested the election results and are seeking a recount through the High Court and Supreme Court, in addition to staging protests accusing the EC of negligence and vote rigging.

Incumbent President Dr Mohamed Waheed suffered a resounding defeat, securing 5.13 percent or 10,750 votes. Waheed contested the election as an independent candidate, following controversy over whether his Gaumee Ithihaad Party (GIP) had the minimum 10,000 members required under new political party regulation.

Yesterday Waheed announced GIP will support the PPM in the presidential election run-off, although he will be stepping down as head of the party.

The announcement of the GIP backing the PPM comes days after the Dhivehi Rayyithunge Party (DRP) announced its support for Nasheed and the MDP during the second round of voting. The DRP had backed Waheed in the first round vote, with party leader Ahmed Thasmeen Ali standing as the incumbent’s running mate.

Since no candidate received more than 50 percent of the total turnout, a second round run-off election between the top two candidates – Nasheed and Yameen – will be held on September 28.

Dead voters found alive

The EC also announced that eight deceased individuals the JP had claimed to be on the electoral register had been found alive.

The JP had submitted the alleged list of deceased individuals to court, according to local media.

The commission has determined that the eight people did cast ballots and have confirmed that five are living, EC Vice Chair Ahmed Fayaz told local media.  The commission has received information that the other three individuals are also alive, but the EC has not yet been able to meet them.

Fayaz told local media last week that the EC had previously rejected a voter list provided by the Department of National Registration prior to polling because it listed people who are still alive as deceased.

“They give us a list, [stating that] these 1,200 people are dead. If we deduct these 1,200 people [from the voter registry] without reviewing, an extra 400 people will come to vote,” said Fayaz.

However, the Jumhooree Party has now accused the EC Vice Chair of “outright lies”, claiming that the coalition did not submit a list of eight supposedly deceased individuals included in the electoral register to the EC.

“We call on Fayaz not to engage in such lies. We ask the EC to work independently,” said Ibraim Khaleel, Gasim’s spokesperson and former Villa TV chief executive officer.

No grounds for recount

Meanwhile, in response to representatives from the JP, the PPM, and President Waheed calling for a recount of all ballot boxes during an Elections National Advisory Committee meeting held Thursday (September 12), the EC stated that the alleged vote discrepancy was not enough to call for a recount of all 470 ballot boxes.

The law states there are two instances where ballot boxes may be recounted: 1) If the EC decides the voting process was compromised and decides to conduct a recount to address a complaint(s); 2) If there is a court order issued for a recount, EC Vice Chair Fayaz explained to local media.

MDP’s representative on the National Advisory Committee insisted there were no grounds to warrant a vote recount and argued that the JP noted no issues during polling.

President Waheed has said he is “very concerned” about “some very serious allegations regarding the election” and urged these issues be resolved “by the respective legal and judicial venues”.

However, EC Chair Fuwad Thowfeek has emphatically dismissed the JP’s allegations of rampant vote-rigging, pointing to the commission’s transparency, ongoing complaints investigations, and the praise from a broad spectrum of election observers who noted peaceful voting throughout the day and the preparedness of the EC.

Local NGO Transparency Maldives – which ran the most comprehensive observation operation on the day – also announced prior to the release of the provisional results that none of the incidents reported on election day would have a “material impact on the outcome of the election”.

The UK and the EU have both issued statements praising the conduct of Saturday’s presidential election, describing them as “transparent and competitive”.

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National Security Committee investigating local media spreading JP’s claims against Elections Commission

Parliament’s National Security Committee summoned the Elections Commission (EC), the Maldives Police Service (MPS), the Maldives National Defence Force (MNDF), and the Maldives Broadcasting Commission (MBC) to appear for questioning today in regard to its investigation into an EC case filed against the Jumhoree Party (JP).

An EC letter requesting the National Security Committee provide the commission an opportunity to share their concerns about local media spreading JP’s “baseless and unfounded” claims, was presented yesterday (September 13) by committee chairperson MP ‘Reeko’ Moosa Manik and unanimously approved, according to local media.

“The National Security Committee is concerned that the [presidential] contestants unfounded claims of corruption against the EC are a threat to national security,” Maldivian Democratic Party (MDP) MP and Spokesperson Hamid Abdul Ghafoor told Minivan News today.

MBC has been summoned to the parliamentary committee for allegations that Villa TV (VTV) – owned by resort tycoon and JP presidential candidate Gasim Ibrahim – was spreading information to incite hatred against the EC, while the MPS and MNDF will be questioned to determine whether current events pose a threat to national security, according to Sun Online.

Meanwhile, MBC has launched an investigation into VTV broadcasting unsubstantiated content in violation of the broadcasting code of practice. The commission stated that it was investigating the matter after a case was filed by a private individual, according to local media.

VTV has been continuously broadcasting the live program ‘Olhuvaalee Vote Ge Namugai’ (‘fraud in the name of the vote’) as well as reports against the EC and MDP ever since Gasim placed third in the first round of the presidential election with 24.07 percent, a total of 50,422 votes, reports CNM.

Asked about the confusion over the voting figures in the media not matching those of the EC during counting, Elections Commission Vice Chair Ahmed Fayaz criticised local media’s role in the matter.

“Politicians and newspapers have reported this [10,000 votes issue]”, he said, singling out the online publication Times.mv for particular criticism.

Meanwhile, during an elections National Advisory Committee meeting held Thursday (September 12), the JP, along with representatives of the PPM and President Mohamed Waheed, agreed they all want a vote recount of all ballot boxes conducted.

However, the MDP’s representative on the Advisory Committee insisted there were no grounds to warrant a vote recount and accused JP of not noting any issues during polling.

“It’s a matter of principle – this was a democratic election held under a democratic system. All parties were given an opportunity to send observers and monitors, and their observations [of the voting and counting process] were done in front of the people, as per the law,” said Ghafoor.

“This was an elaborate, laborious process with each count confirmed and then exhibited at each voting centre,” he continued.

“A recount would set a bad precedent that is not in the national interest. It would create a loss of faith in the system,” he emphasised.

Ghafoor noted that international observers have praised the transparency of the election process, including four former Election Commissioners hailing from India and the Commonwealth.

“The EC is one of the [only] effective, independent commissions we have. It has a very clean track record, which everyone knows,” declared Ghafoor. “An elaborately developed legal process [for elections] has been in place since 2008, there have been at least 11 by-elections conducted to date and none of them have been contested.”

He noted that the election results are being contested “by people like Gasim Ibrahim, who are from a culture that has rigged votes all their lives.”

Meanwhile, Elections Commission Vice Chair Ahmed Fayaz told local media the JP had requested a recount without any legal basis. He noted that if all the ballot box seals were broken for a recount, this could create election confidence issues and set a dangerous precedent for future elections. He proposed recounting boxes randomly as an alternative.

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President Waheed to back PPM in second round, stepping down as GIP head

President Dr Mohamed Waheed’s Gaumee Itthihaad Party (GIP) will support the Progressive Party of Maldives (PPM) during a run-off vote to decide this year’s presidential election – presently scheduled to be held on September 28.

Minivan News understands that, although Dr Waheed will also be stepping down as head of the party, he will urge supporters to back PPM presidential candidate Abdulla Yameen against Maldivian Democratic Party (MDP) rival, former President Mohamed Nasheed.

The announcement of the GIP backing the PPM, comes days after the Dhivehi Rayyithunge Party (DRP) announced its support for Nasheed and the MDP during the second round of voting.  The DRP had backed Waheed in the first round vote, with party Leader Ahmed Thasmeen Ali standing as the incumbent’s running mate.

President Waheed took 5.13 percent of the total votes cast on September 7, finishing in last place.

The poll is presently being contested within the courts over allegations of vote rigging by third-place candidate MP Gasim Ibrahim and the Jumhoree Party (JP), who secured 24.07 percent of ballots cast.

According to provisional Elections Commission (EC) results, PPM candidate Yameen narrowly secured his place in the second round with 25.35 percent of the votes cast.

Former President Nasheed led the poll with 45.45 percent of the popular vote – falling short of the 51 percent needed to secure the presidency during the first round.

A senior source within President Waheed’s campaign, speaking on condition of anonymity, today said that the incumbent would be personally lending his support to Yameen’s campaign along with the GIP, despite opting to step down as head of the party.

The same source claimed that should any aspects of the ballot be challenged by the party, including calls for a recount, it would be best to have President Waheed distance himself from such actions.

Minivan News was awaiting an official statement from the GIP at times of press.

“Worryingly serious” allegations

However, President Waheed was today quoted in local media as being concerned over “worryingly serious” allegations over the first round vote that he called to be addressed within the legal framework of the Maldives.

Despite expressing concerns over allegations raised by the JP , the president was also quoted in Sun Online as praising the election for being conducted “smoothly” and peacefully” earlier this month.

Waheed reportedly stated that he had decided to back Abdulla Yameen – half brother of the country’s autocratic former President Maumoon Abdul Gayoom – based on what he believed was the best interest for the Maldives.

“I do not believe it is not right [sic] to weaken the country’s constitutional framework, trample the law, set fire to property, instigate unrest,” read the statement reportedly attributed to the president.

Meanwhile, PPM vice presidential candidate Dr Mohamed Jameel Ahmed earlier this week declared that former President Mohamed Nasheed “will not be allowed to assume power”, even should he emerge as the clear winner in the run-off.

Clarifying his remarks to Minivan News at the time, Dr Jameel stated that his comments during the rally reflected the “criminal charge filed against Nasheed” concerning his role in the detention of Criminal Court Chief Judge Abdulla Mohamed, who stands accused of corruption and halting investigations into his conduct through the courts.

“As there is an impending [criminal] charge on him, he would be facing the outcome of the trial that would stop him from holding [the office of the president]. That is what I meant [at the rally],” Dr Jameel explained.

The JP meanwhile today confirmed that the party’s council and its coalition partners had not yet taken a decision on whether it would support a candidate in the second round of voting.

JP Policy Secretary Mohamed Ajmal said that the party remained focused solely on trying to prove via the courts that the first round vote had been “rigged”, adding that – although the party would consider supporting one of the two candidates in the final round – no such talks discussions had been held at present.

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Nasheed and US Ambassador discuss outcome of the election

Opposition Maldivian Democratic Party (MDP) presidential candidate Mohamed Nasheed has met with the US Ambassador to Maldives and Sri Lanka Michele J. Sison today.

During the meeting, Nasheed and the US ambassador discussed on the outcome of last Saturday’s presidential election and the scheduled run-off contest scheduled for September 28.

According to former president’s official website, the duo also discussed the importance of holding a free and fair election. Nasheed told the ambassador that it was important to provide technical support to all state institutions including the police and the Elections Commission (EC) in order to ensure the credibility of the presidential polls.

He also expressed concern over current Commissioner of Police Abdulla Riyaz, who was found guilty of politicized tweets by the Police Integrity Commission.

Ambassador Sison meanwhile welcomed the outcome of the first round of election and commented on how well the election had been facilitated. She also urged all political parties to accept the results of the election and appealed to the public to maintain peace and order in the upcoming run-off elections.

The meeting was attended by Nasheed’s Special Envoy Ibrahim Hussain Zaki, MDP’s Chairperson ‘Reeko’ Moosa Manik, former Foreign Minister Ahmed Naseem, MDP Spokesperson MP Hamid Abdul Ghafoor and MDP’s Deputy Chairperson Ali Shiyam.

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Nasheed “will not be allowed to assume power” even if he wins election: PPM running mate Dr Mohamed Jameel

Running mate of the Progressive Party of Maldives (PPM)’s Presidential Candidate Abdulla Yameen, Dr Mohamed Jameel, has declared that opposition Maldivian Democratic Party (MDP)’s Presidential Candidate and former President Mohamed Nasheed “will not be allowed to assume power”, even should he emerge as the clear winner in the run-off election scheduled to take place on September 28.

The provisional results of last Saturday’s presidential election showed the MDP finishing the race on top with 45.45 percent of the popular vote or 95,224 votes. The PPM came second with 53,099 votes – 42,125 votes less than the MDP – while the Jumhooree Coalition led by resort tycoon Gasim Ibrahim came third with 50,422 votes and incumbent President Mohamed Waheed Hassan finishing the race at the bottom with just 10,750 votes – 5.13 percent.

The results mean that the winner of the election are to be decided through a run-off election – contested by both the PPM and the MDP – scheduled to take place on September 28. Both parties have since commenced their campaign.

During the PPM’s first campaign rally since the first round of the election, Jameel asserted on Tuesday night that his party was not prepared to hand over the country to Nasheed, whom he described as an “evil, wicked, radical and especially a mad man”.

“We will not hand over this country to an evil, wicked, mad man. We will not hand over through an election, [we] will not hand over even if he gets elected,” Jameel said.

The sacked Home Minister also vowed to “imprison Nasheed for a lengthy period” should a PPM government come to power.

“I am still saying that [Nasheed] will go to jail, by Allah’s will he will go to jail, we will do it, we will do it with Allah’s beneficence. We are waiting for the moment. At the right moment, we are certain that you [Nasheed] will be in jail,” Jameel told supporters.

He also promised free housing and healthcare for every police and Maldives National Defence Force (MNDF) officer under a PPM government.

Clarifying his remarks to Minivan News on Wednesday, Jameel stated that his comments during the rally reflected the “criminal charge filed against Nasheed” and other possible charges.

“As there is an impending [criminal] charge on him, he would be facing the outcome of the trial that would stop him from holding [the office of the president]. That is what I meant [at the rally],” Dr Jameel explained.

“Also, audit report exposes budget misappropriation of MVR 4.7 billion in addition to several corruption allegations which ultimately former President Nasheed will have to face. That is what I meant. So as a result of these charges he would not be able to hold the office,” he added.

The opposition Maldivian Democratic Party (MDP) blasted Jameel’s remarks stating that he was “unfit to hold public office”.

Speaking to Minivan News, MDP Spokesperson MP Imthiyaz Fahmy claimed that Jameel’s remarks showed how desperate the PPM were, and indicated that it was expecting a “bad election day” on September 28.

“He is openly refusing to obey the constitution and the laws of the country. He has openly announced another coup. This is a very serious remark,” Fahmy told Minivan News.

The MDP spokesperson also accused the PPM of not understanding how to campaign, only how carry out anti-campaigns against Nasheed.

“If this is a free democratic country that upholds the law, I am sure the police would have arrested the man while he was on the podium. I believe the police must investigate the statement and the Prosecutor General should press charges against him,” Fahmy claimed.

The government-aligned Dhivehi Rayyithunge Party (DRP) Parliamentary Group Leader Dr Abdulla Mausoom also criticised Jameel on local media.

Mausoom claimed that Jameel’s remarks meant that he was preparing to “break the laws for a lengthy period of time”.

Jameel – who played a central role in toppling Nasheed’s government on February 2012 – had previously repeated his claim in the press, both before and after Nasheed’s controversial step down, that he would make sure the former president is “put away for a long time”.

Last March, during the PPM’s presidential primaries, Dr Jameel declared that it was both a “national and a religious Farḍ (obligation)” to prevent Nasheed from contesting the presidential election.

“Nasheed of Kenereege does not have any chance to come to power. We would not give that chance [to him]. That is something we ought to do. It is both a national and a religious Farḍ (obligation),” Jameel said at the time.

During the lead up to the mutiny by the police and the military on February 7, 2012, that forced the change in government, Jameel publicly announced in an anti-government rally that an Islamic jihad (struggle) against Nasheed’s government was an “obligation” to all Maldivian Muslims.

Jameel while he was a member of the Dhivehi Qaumee Party (DQP) was one of the co-authors of a “hate-pamphlet” released against Nasheed’s government, in which it claimed that Nasheed was participating in “an anti-Islamic conspiracy”.

“Since 2006 Gaza where many millions live has been blocked from land, air and sea and all its inhabitants enslaved and locked up. Nevertheless after coming to power Nasheed’s main priority was fostering ties with Jews,” read the English translation of the pamphlet.

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EC Chair dismisses JP allegations of vote rigging: “A small child would not believe what they are talking about”

The Elections Commission has dismissed as “baseless” the Jumhoree Party’s (JP’s) allegations of vote rigging, pointing to the commission’s transparency, ongoing complaints investigations, and praise from a broad spectrum of election observers.

While local and international election observers have praised the conduct of Saturday’s (September 7) presidential elections, JP presidential candidate Gasim Ibrahim, who was placed third in Saturday’s vote with 24 percent, has contested the results and accused the EC of tampering with the outcome.

Hours ahead of a delayed EC briefing to unveil the provisional election results, which tool place in the early morning hours of Sunday (September 8), a small group of JP supporters demonstrated outside the Dharubaruge convention centre alleging a 10,000 vote discrepancy.

On Monday (September 9), Gasim claimed 20,000 unlawful votes had been cast, while the former deputy leader of the Progressive Party of Maldives (PPM) Umar Naseer – who backed Gasim in the poll – accused the EC of giving Maldivian Democratic Party (MDP) members 30,000 additional ballot papers to tamper with the outcome of the election.

“The allegations by the Jumhoree Party are wasting our time actually. They don’t understand democracy or how to accept defeat, it’s a very unfortunate thing,” EC Chair Fuwad Thowfeek told Minivan News yesterday (September 10).

“People who cannot accept defeat should not face an election,” he continued. “It’s a contest so there’s a chance they will win or lose. In this case there were four contestants and only two could advance to the second round. Gasim Ibrahim doesn’t understand [this] and his followers are making a fool out of him,” he contended.

“Gasim wants to tell people that he has more than 50,000 supporters, but the 50,422 [who voted for him] are his real support, he should be grateful to the people who voted for him. There is no way he’s going to find any more, even if a recount is conducted,” he added.

Thowfeek expressed confidence that Maldivians would understand that the JP’s allegations are “baseless”.

“They are just making all these false and fake allegations, there is no truth in anything they are saying and the public will know it is all lies,” stated Thowfeek. “No person who knows the [Elections Commission] system will believe any part. [Particularly] people who know me professionally and personally. A small child would not believe what they are talking about.”

The EC Chair explained that he has been in contact with Gasim and the JP and addressed their concerns.

“Gasim Ibrahim called me Monday (September 9) and I explained all the details to him. I also spoke very clearly to [MP Ahmed] Ilham when he came to meet on September 7,” said Thowfeek.

“Everything has been so transparent and we have readily provided all the results and what the JP has asked for, including soft copies [of results sheets from all 470 ballot boxes],” he noted.

“The only thing we cannot by law release is the list of who did and did not vote. The list contains confidential personal information – full names, dates of birth, ID card numbers – and can only be released with a court order,” he added.

Yesterday the High Court rejected a case filed by the JP seeking the release of the voters list and result sheets from the EC.

Speaking at a JP rally last night, Umar Naseer reportedly said the case would be resubmitted to the High Court today.

He said that it was dismissed due to “technical issues” as the court required additional information to be cleared from the EC before it could hear the case.

The JP is seeking the voters list to identify the number of allegedly “fraudulent votes” and determine if it could change the outcome of the election, Naseer said.

“We are certain that 95,000 people in the Maldives will not vote for Nasheed,” he was quoted as saying by newspaper Haveeru.

The JP coalition has so far learned that 1,188 people had been registered in homes without the knowledge of the owner while the names of 173 voters were repeated or doubled on the voters list, and the names of 569 deceased were also on the gazetted registry, Naseer claimed.

Thowfeek meanwhile appealed for international and domestic scrutiny of the EC to ensure transparency and public confidence.

“The EC would appreciate if international and local observers continued to keep a close watch on EC and voting activities to see how everything proceeds,” Thowfeek said.

He believes their monitoring will continue to demonstrate the transparent work of the EC because “after the second round result we don’t know what type of [inaccurate] talk will come out.”

“We met with international observers on September 8th and they were very pleased about what they had seen and noted [of the election process],” said Thowfeek. “There were many observers from various countries – the Commonwealth, EU, US, UK, Australia, Japan, Thailand, Malaysia, and India – and everybody praised the work we have done.”

Complaints investigation proceeding

The EC’s complaints investigation process is ongoing and will be completed “as soon as possible, probably by the end of this week,” Thowfeek said.

“The Complaints Bureau is attending to all complaints, and replies have [already] been sent to most of the complainants,” he said.

“There are some cases that may [be] prolonged because [identifying and speaking with] additional witness takes time, but these issues will be addressed before the next round [of the presidential election process],” he continued.

The discrepancies which the JP have alleged include: double voting, votes cast in the name of people who died prior to the election, inaccurate voter registry, lack of transparency during ballot counting, election officials being biased and aligning themselves towards MDP candidate Mohamed Nasheed and Progressive Party of the Maldives (PPM) candidate Abdulla Yameen.

“With [election] officials from different sources [working] in front of [election] observers, there was no way the type of fraud [JP is alleging] could be made,” said Thowfeek.

“Polling station officials were not all from the EC. We hired various officers from public sector organisations, as well as young people looking for work,” he noted.

“Every ballot box had a combination of all types of individuals, selected at random, and a balance was kept between females and males, young and old,” he explained. “Many met for the first time during training or [polling station] duty. All the people belonging to [and responsible for] each ballot box were not trained together [as a group].”

Thowfeek also addressed the voter registry concerns raised by the JP – and previously raised by the PPM prior to elections.

“The voter’s list was published two weeks before voting and the lists were [also] sent to all ballot box locations in addition to EC officials, presidential candidate representatives, observers from each political party,” said Thowfeek. “Anyone who has this [list] will know that they will not be able to show a single person who voted under a false name.”

He explained that the EC obtained the voter registration lists from island council offices as well as the Male’ municipality office. This data was compiled and the lists cross-checked with the Department of National Registration to verify its accuracy.

Thowfeek also emphasised that many individuals are not aware or are misunderstanding the Male’ Dhaftharu – a special registry for people who are Male’ residents, but are from other islands – registration process.

“In the past people were placed on the Dhaftharu with the municipal council [listed as their residence], but this time they put the places where they live,” said Thowfeek.

“7,000 people were registered on the Dhaftharu using the places they were residing at the time. Some people asked why add these names to a particular house [for voter registration] because these people were [previously] registered under the municipal list,” he continued.

“These individuals are originally from different islands, but if they live in Male’ over five years they are eligible for Male’ residency, however many don’t own a home in Male’, they rent or stay with relatives,” he noted.

“They are Maldivian citizens [from the islands] residing in Male’ but they don’t have a permanent residence – they have the right to vote,” he declared.

“In front of all those people – as well as election monitors and observers – there is no way anyone can do any sort of mischief,” he concluded.

During the September 8 early morning press conference, Vice Chair Fayaz addressed vote counting issues that resulted in police intervention at Majeedia and Amadiya Schools in Male’.

“One of the very important steps we will be taking is to replace such heads of polling stations. In the next round of elections we will not appoint such people as heads,” he said.

“The [vote] counting was done properly, but what was lacking was the polling station head not showing the ballot papers to the observers the way they wanted,” he continued.

“According to the figures revealed by Transparency Maldives there were monitors at observers in 80 percent of polling stations. We cannot force the observers to go and observe, it is something that they [must take the initiative to] do,” he noted.

“Counting is the most critical phase, sometimes during this phase there is a tendency where some monitors/observers try to intervene in the process, in such a case unless the police are in the vicinity, they cannot immediately help,” he emphasised. “That’s why you may have seen in some polling stations the police presence.”

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Comment: Who will best protect our children?

This article first appeared on DhivehiSitee’s Election 2013 hub. Republished with permission.

What kind of a country do you want your children to grow up in? What are the values you want them to have? What does it mean to be a citizen of the Maldives? Why would your children be proud to be Maldivian?

As the Maldives prepares for Presidential elections, scheduled for 7 September 2013, political parties promise the population many policies geared to advance social progress and economic growth: more job opportunities, technologically advanced health care services, better access to education, and a reduction in poverty.

At face value they all pledge a promising future. Nonetheless as active citizens, it is important to analyse them in terms of their effectiveness given that the Maldives is a small island developing state and shares many characteristics with other such states: grappling with security issues, both internal security – gang violence, drug use, child sexual abuse – and external – global warming and sea level rise, tsunamis, recession in tourism source countries – and the smallness and remoteness creating high costs associated to goods and services.

From a total population of 330,652 about 43 percent are under 18 years. It is the children of our nation who one day will steer our country into the prosperous, fair and tolerant society we all seek.

For that reason alone, they deserve nothing else but our very best efforts towards a society where they can grow up free from poverty, abuse and fear and with high standards of health, safety and education. While this is a generational task that will keep future Maldivian governments occupied for years to come, it is important in every election to ensure we do not lose sight of this.

An unpublished UNICEF report in 2007 recommended the government to establish a comprehensive social protection system including access to social housing and special assistance for the unemployed in order to prevent a crash in the child protection system.

With the ratification of 2008 constitution, Maldivians (Dhivehin) now have a better understanding of their right to social protection (haqq al-damān ijtimā’ī) and its benefits, mainly credited to efforts of the Maldivian Democratic Party administration with its aim to eliminate of the feudal practice of begging for assistance by the poor.

All political parties cover the Right to Education (haqq al-Ta’līm), the Right to Work (haqq al-‘Amal) and the Right to Social Protection (haqq al-damān ijtimā’ī) in varying levels.

Twenty percent of girls and 11 percent of boys in secondary school have experienced sexual abuse during their childhood as established by a study conducted by UNICEF in 2009. Many of those accessing drug rehabilitation report a history of childhood abuse.

It is evident that in order to tackle drug abuse in the Maldives, it is important to address issues such as child abuse. Child protection is a contentious area where the state has to intervene in the private sphere of the family, often balancing children’s rights and parents’ rights. Even so, to realize the prosperous future we seek, any government should be willing to proactively protect its children and families.

Fundamentally, we should ask ourselves, who would be willing to do this for us? Answers to these questions come through examination of past practices, current atmosphere and pledges.

For a child protection system to be effective and sustainable it needs to be supported by effective legislation and social policy, integrated infrastructures, institutions, therapeutic services, trained professionals such as judges, lawyers, policemen, doctors, teachers and social workers, strategic resource allocation, financial investment, and a well-informed and supportive general public. Research shows that the wealth of a country alone does not achieve effective child protection. Maldives should aim to attain effective child protection through affordable means.

Vaudhu (Pledge)

Jumhooree Party

The Jumhoree Party does not explicitly state that they will provide universal health care insurance but promises that when the allocated amount dedicated to an individual is exhausted the government would cover the shortfall.

It remains unclear if the party intends to reinstate all the benefits introduced during former President Nasheed’s Administration, whether it would be a comprehensive system with universal benefits or whether it would meet the needs of only the most vulnerable. Jumhooree party’s presidential candidate on various public platforms has proved unsuccessful to elaborate on this.

Additionally, the introduction of a holistic tax system (vasha jehi) that will fund social protection and government services leaves individuals unsure of the percentages on income tax that might be levied on them and whether we would be able to accommodate this burden with the rise in costs of living.

In relation to housing, the party asserts that the government will provide housing for every newlywed couple. Apart from this, the party has expressed no other policy relating to housing and hence neglects the majority that already struggle to meet their housing needs.

In Male’, it is usual that one household occupies only one room, so several households reside in a house. This room, or one-household-unit, usually contains a kitchen, toilet facilities and sleeping arrangements. A UNICEF study in 2007 found that that couples that inhabit these households struggled to meet their needs of intimacy especially those with children.

This overcrowding often leads people to take shifts to sleep. This in turn leads adolescents to sleep during the day to let younger children sleep during the night. These adolescents are then sometimes forced to spend time on the streets at night, getting into gang activities and drugs and missing school.

While these are the only two promises pertaining to social protection the party focuses largely on developing the tourism sector by creating opportunities to opening a further 70 resorts where work has been suspended, open three new schools for Hotel and Catering, to “make millionaires into billionaires”, and to build an international Transhipment Port on Kulhudhufushi [Island in Kaafu Atoll].

While these goals are important and aspirational, more than half the population continue to live below the poverty line preventing them from accessing appropriate healthcare, education and employment opportunities.

The party proposes to increase job opportunities for the indigenous population with the aim of reducing the expat population. However, how this is going to be achieved has not been explained yet.

In relation to market opportunities for local products the Jumhooree party promises to increase the production of fish canning with 100 fishing boats a year to match the increased production. The party proposes to offer short and long term farming courses but does not express how they intend to create job opportunities in this area.

Overall, the policies of Jumhooree party does not outline an extensive social policy and risk that the gap between the rich and the poor will increase further and fail to reach those that require social protection.

Progressive Party of the Maldives (PPM)

PPM offers a number of social protection measures that are child focused: a mechanism for supporting single mothers with childcare subsidies, acquiring the rightful share of assets that was attained during the marriage in occasion of divorce, create Internet-based work for women to assist them to work from home, establish a system by which persons with disabilities and the elderly can lead a life without discrimination and have equal access to services.

While, it is important to create opportunities for Internet-based work at home this excludes the majority of women living in the rural areas of the Maldives without easy access to modern computers. PPM has not announced any policy addressing opportunities for rural women.

Additionally, the party asserts their objective to bridge the gap between the urban centre Male’ and the rural Maldives by establishing services that are at the same level as Male’ in all the islands. This is a policy that aims at equality, however its feasibility and how this is going to be achieved remains to be communicated.

Although a newly registered party, most of PPM’s policy makers belong to President Maumoon Abdul Gayoom’s administration responsible for 30 years before losing the election in 2008. Despite a number of economic and social advancements during these 30 years, the gap between the rich and poor, urban and rural populations widened. Many relied on handouts from the wealthy or writing directly to the President if they required traveling abroad for health.

PPM’s policies promise to further women’s rights, but lack a commitment to investigate the systematic torture documented by the Human Rights Agency REDRESS in 2012. Without taking necessary action against the aggressors the new promises lack credibility. Further its leadership had proved lethargic in advancement of the social protection system at the helm of power and this casts a very reasonable doubt in its ability to fulfill it now.

PPM asserts that they will establish extra security and protective mechanisms for the police force and the military, which suggests an increase in the defense and police budget. Research has shown that increased defense spending often leads to lower levels of child protection.

Maldivian Democratic Party (MDP)

Awareness among the population about the benefits of social policies grew during the 3 years of President Nasheed’s administration when a strong emphasis was laid on social protection with a total budget allocation of MVR 1,250,203,404 (US$81 million) in 2011 alone. This spending in the social sector was the highest recorded in Maldivian history (Statistical Yearbook 2010).

This protection extends to protection of children in general. The budget included welfare assistance, a national health insurance, single foster parent allowances as well as several subsidies for housing.

MDP’s objective is to reduce the gap between the “haves” and the “have nots”. In a 2010 survey, “Assessment of the Elderly receiving “Madana” and the Pension”, 73 percent of the elderly reported that their relationship with their children had improved as they can take care of their own needs and some reported having assisted to setting up savings account for their grandchildren, while also indirectly improving children’s lives.

MDP along with PPM has has expressed intentions to reform the judiciary. However, MDP is the only party that provides specific plans how to achieve this. The judiciary plays a crucial role because judgements that pertain to children can work in the best interests of the child or against it. The International Commission of Jurists (ICJ) in 2011 found breaches of the separation of powers – executive, legislative and judiciary.

Islamic law lays importance on making the judiciary accountable for its conduct. Neglecting this office therefore places the “body of Muslims in a state of sin, as they are enjoined to support this office, or to support those who endeavour to maintain it.”[1] Islamic law also emphasises the honesty and piety of judges.[2]

The youth policy of the MDP focuses on engaging with the whole youth population without discrimination. It covers various aspects of cultural and artistic life, which is crucial for increasing the connection to the culture of the Maldives that has made us unique. It also encourages a sense of inclusiveness and ensures that academically ‘weak’ children and youth are not marginalized and form an integral part of society.

In its Right to Work policy, the party proposes a right to fair wages, a right to employment, work and accident liability for loss, a right to fair work regime and leisure. This promotes equality and tolerance.

The housing policy introduced between 2008 and 2012 has instilled the importance of working towards owning ones own property. It encourages citizens to take responsibility for their own future and to build their family. For those who are unable to afford housing, subsidies were offered to reach a point that made it possible to buy. It creates opportunity for those individual who do not have the possibility to inherit land. Provisions for those who are most vulnerable through the social housing policy have further strengthened this policy.

MDP’s policy on strengthening family ties is central to children’s rights and child protection. This policy ensures that government efforts were not only concentrated on tertiary interventions (protection from abuse) but building families and preventing breakdown.

Prior to Nasheed’s administration children were removed from their families prematurely and placed in residential state care facilities. This practice increased incidences where parents gave up on children too quickly, deprived them of their right to grow up in a family environment and at the same time increased state spending.

MDP had put in many measures to reduce removing children prematurely by increasing social work assistance and providing social protection benefits. Valuing the family unit is fundamental in Islamic law and hence this policy not only mirrored our religious values but strengthened the right to a healthy family environment as afforded by the UN Convention on the Rights of the Child. Even taking into consideration these policies, there is still a long way to go. Yet it is safe to assume that the path is right.

Waheed coalition

The coalition government has been characterized by widespread, systematic and institutionalized brutality. The level of mass aggression by the state party in recent history of Maldives has never been as severe as today. Many women and men suffered direct physical and sexual assaults. Testimonies from many victims have been documented and presented to the International Covenant on Civil and Political Rights (ICCPR) Committee in 2012.

Neither the state structures nor the Human Rights Commission have acknowledged the brutality or taken steps against those responsible; instead many police officers were rewarded with promotions and extra benefits. Children internalising the violence from the state party perpetrated on innocent civilians by those who are meant to protect them have caused long-lasting psychological damage.

Additionally, the Coalition government has discontinued social protection benefits that were established by President Nasheed. The government also proposed a 14 percent increase in the defense budget in 2012. All these factors are not conducive to effective child protection.

It is maybe for these reasons that the Coalition’s promises present a confusing mixture of social protection policies. What is most concerning, as far as children are concerned, is the promise to establish three extra shelters for children and for women who suffer domestic violence.

Family and Child Protection Services receive on average seven cases per week on issues relating to minor family conflict, behavioural issues or various forms of abuse. Most cases are not considered in the extreme categories requiring immediate removal of children into State care. Even if cases that require removal into state care, it is in child’s best interest to reintegrate them with a family as soon as possible.

On 17 August 2013, The Economist, in its article “Children’s Homes – The Nanny State” published figures around the world illustrating that institutions are being closed and family-based care is being favoured. This global movement is due to the fact that children who grow up in institutions are far more likely to offend, end up in prisons, develop adjustment issues and so on.

The Maldives does not need more institutions, especially with limited experience and services in place for resocialisation back into the community. This policy alone outweighs the other policies as this policy assumes that more and more children need to be institutionalised and there will be an increase in women being abused. There is no attention on preventing such incidences.

Conclusions

The above discussions show that the Jumhooree Party focuses largely on economic gains, PPM focuses on conservative provisions of welfare where individuals continue relying on the government, Coalition government believes that there will be an increase in children requiring institutional care, and MDP emphasises balance of economic growth and social protection. It is advisable that all parties would benefit from developing policies relating to mental health, as currently the systems in place are grossly insufficient.

The increasing budget deficit has been a struggle for the Maldives. The Majlis Budget Committee estimated the Maldives budget to reach 27% of the GDP by the end of 2012. In response, the International Monetary Fund (IMF) has warned that the country ‘risks running out of reserves and miring the country in poverty.’[3] Therefore to bring about the change we seek, we need to start looking at the evidence on the ground.

Most parties, apart from MDP, from the policies announced, have promised policies without considering the already existing deficit. What we need is a sustainable mechanism through existing means to fill the void. Not aspirational pledges that risk debilitating the state. Although every individual wants the future to be prosperous, fanciful pledges or going into further debt is not what the population deserves. The society and its children deserve to be built on constructive, not destructive, policies and pledges. We need to start acting upon a code of ethics that benefit the larger social needs, relationships and groups rather than one based on individual needs and relationships.

It is time that we take the moral step of progress and set the good of many before the interests of the few and be concerned for the welfare of the community without hope of an individual return.

Dr Mariya Ali is a former Deputy Minister of Health and Family, with a 20 year background in child welfare in the Maldives

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]

[1] El-Shafi, H. A. L., (2003), “Judicial Training in Islamic Jurisprudence”, in Haleem, A. M., Sherif, O. A., & Daniels, K., (Eds) (2003), Criminal Justice in Islam: Judicial Procedure in Sharia, I.B.Tauris, p. 168

[2] ICJ, supra note 19, p. 169; Velezinee, A., (2012), Constitution Breach by the Judicial Service Commission, Hijack of the Judiciary, and link to 7 February 2012 Coup d’ etat.

[3]Bosley, D., (7th May 2012), “IMF predicts dire consequences if deficit reduction fails”, Minivan News.

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Cursed coconuts on Fuvahmulah allegedly used to disrupt elections

Additional reporting by Ahmed Nazeer

Coconuts with black magic spells are allegedly being used to sway voters’ political party allegiance and incite confrontations between Maldivian Democratic Party (MDP) supporters and police on Fuvahmulah, ahead of Saturday’s Presidential Election.

A ‘kurumba’ (young coconut) suspected to have a ‘fanditha’ (black magic) curse, with Arabic writing and suspicious symbols burned into the husk, was found in the garden of a home located in Fuvahmulah’s Dhiguvaadu ward yesterday (September 4), a source from Dhiguvaadu ward told Minivan News today.

The woman who found the suspicious coconut in the early hours of the morning intended to inform the police, however the homeowners – “hard core” Progressive Party of the Maldives (PPM) supporters – told her not to do anything until an expert investigated the coconut first, said the source.

“Neighbors supporting President Mohamed Waheed’s Gaumee Ihthihad Party (GIP) live in the area, so they heard about the fanditha coconut and wanted to create problems, so they contacted the police,” the source continued.

“MDP and PPM have been running strong campaigns and have many supporters in the area, however GIP only has about 15 members,” the source noted.

“Since GIP has very few supporters, they are trying to redirect attention away from the other political parties to gain votes,” alleged the source. “GIP has told PPM that MDP planted the fanditha coconut, however they are telling MDP that PPM is responsible.”

“Neighbors a few houses away were awake around 3:00am that night and did not notice any suspicious activity,” said the source.

The source believes that GIP, PPM and Jumhoree Party (JP) supporters are trying incite unrest among MDP activists on Fuvahmulah – especially GIP by involving the police in the fanditha coconut incident.

MDP supporters on Fuvahmulah remain very upset about the violent police crackdown that happened after the controversial transition of power in February 2012, according to the source.

“When MDP activists see local police they are not good with them, they do not keep calm, there is always a huge scene, shouting, etc.,” the source explained.

“[However,] these days MDP [Island] Councilors are trying to the max to keep supporters calm,” the source continued.

“And the situation is very calm right now. It [the fanditha coconut incident] was nothing huge, just a very simple thing,” the source said. “There won’t be any impact on voting.”

Fuvahmulah police did not want to get involved in the black magic incident, instead they preferred to allow the family to take action independently, a police source told Minivan News today.

“If we get involved, it will turn into a big thing,” said the police source, in reference to inciting unrest among MDP supporters.

However, local media reported that police took possession of the black magic coconut.

The Maldives Police Service was not responding to calls at time of press.

Black magic sabotage

A black magic practitioner from Fuvahmulah allegedly cast spells on five yellow young coconuts – kurumba can also be green or orange – and gave them to another man to deliver to a specific key location, a Fuvahmulah island council source told Minivan News today.

The island council source alleged a person named *Easa cast a spell on five coconuts and gave them to *Moosa to deliver. However, Moosa left the coconuts on his bed covered with a sheet before going to work.

“Moosa’s wife was not told about the cursed coconuts, so she was shocked to find coconuts on their bed and called the police immediately,” said the island council source. “The police went over to the house and took the coconuts.”

“She thought MDP had cast the black magic spells because the coconuts were yellow,’’ the island council source explained. “Once Moosa found out what his wife had done, he told her it was very bad that she had reported it to police.’’

Moosa and his wife then went to get the cursed coconuts back from the police, but police refused to return them, according to the island council source.

The island council source noted that Easa made a typographical error when cursing the coconuts. The coconut curse says to “get rid of [PPM presidential candidate Abdulla] Yameen”, but was supposed to read “get benefits from Yameen”.

Furthermore, during the 2008 presidential election Easa also started practicing black magic a month before the election day, noted the island council source.

“Every day after dawn prayer he went to the beach and did black magic stuff. He also went near the polling station and threw cursed objects at people,’’ said the island council source. “[But] Easa’s spells did not work the last time.”

“This hasn’t been taken too seriously by the islanders, but the MDP supporters are very concerned,’’ the island council source said.

No arrests have been made in connection with the case, the source added.

Earlier this week, police summoned a white magic practitioner to evaluate a young coconut believed to have been cursed by a black magic spell, after it was found near the Guraidhoo Island presidential election polling station in Kaafu Atoll.

*Names have been changed

Spiritual healing

This is the second cursed coconut incident reported in as many days, related to the presidential election. To better understand this “very common practice”, Minivan News spoke with Spiritual Healers of the Maldives President and Exorcist, Ajnaadh Ali.

“During elections black magic is used to gain votes and make people ill,” explained Ali.

Ali suspects a spell was read over the Fuvahmulah fanditha coconut instead of inscribed, because the coconut reads “May Allah protect us from Abdulla Yameen”.

The black magic spell cast to influence voting “is a spell of separation. It’s the same idea as a love spell. It can either bring people together or split them apart,” Ali noted. “The black magic will attack them mentally, by demanding the individual think a certain way even if they would normally know something is bad. It makes them blind in the mind.”

“While any object can be used, because coconuts represent a life structure (like eggs) they use those objects to make the spell powerful, with the advice of the devil,” noted Ali.

“There is a long history of the practice in the Maldives, but it is still very common nowadays on every island,” he continued. “There is a lack of knowledge regarding the religion. Some people who do black magic think it’s right because the Quran is used.”

“In Dhivehi, fanditha means magic – black or white – but the way it is practiced is what makes it good or bad. Black magic is when people worship or invoke jins or devils to cause harm to others,” Ali explained.

“Black magic is practiced by misusing the Quran, chanting or writing verses and the names of devils or jins (spirits) to summon their help. It cannot be done unless someone has some disbelief of Allah,” he continued. “It it also disrespectful of the Quran.”

The best protection against black magic is reading Quranic verses, particularly the last two chapters of the Quran, said Ali. ‘Ruqyah’ is a form of white magic, specifically an Islamic exorcism where Quranic verses are read and prayers recited to heal.”

“Ruqyah will neutralise black magic to rid of the evil eye or any other spiritual matter, like jin possessions or mental illness,” he explained.

It can also be conducted for the benefit of worshipping Allah, he added.

“Any Muslim can practice ruqyah by themselves, however its more effective if they have knowledge of jins and the Quran. Also, they must be following the religion,” he noted.

The five pillars of Islam are prayer, fasting, alms for the poor, pilgrimage to Mecca, and declaring belief in one God, Allah.

A 1979 law requires persons wishing to practice fanditha to “write and seek approval from the Ministry of Health.”

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