Tag: Maldivian Democratic Party

Court extends detention of seven arrested in anti-government protest

The police yesterday summoned 22 people arrested in the Maldivian Democratic Party (MDP) protest on Sunday night to the Criminal Court. Fifteen persons were released under conditions and seven were given up to 10 days in pre-trial detention.

The protests erupted in response to the decision by Dr Mohamed Waheed to remain in the position of president after his constitutional term ended at midnight.

In a statement, police said that the 23 persons were arrested on charges of objecting to police orders, obstructing police duty, breaking police lines, and throwing objects such as stones and water bottles at police officers trying to control the protest.

Police said that 19 men and four women were arrested in the protest, with one woman being released without having been summoned to the court.

In the statement, police accused protesters of vandalising a traffic light on Sosun Magu and destroying a security camera in the Roashanee building.

Police said that the protesters threw stones and water bottles at police officers in the area close to where journalists were covering the protest.

It was also reported that protesters set ablaze a barricade on Sosun Magu and stopped two public buses, jumping into the bus, assaulting the driver and attempted to overturn the vehicle.

Police said a journalist was injured in the protest after being hit by an object thrown by the protesters. He was subsequently treated at ADK hospital and was released the same night.

On October 21, Waheed has said he did not want to stay on as president when his term expired.

“It is not in the best interest of this country if there is no elected president when the current presidential term ends on November 10. I do not want to stay in this position even a day beyond November 11,” Waheed told the press that time.

The Supreme Court verdict, which annulled the first round of election held on September 7, also said Waheed’s government should continue past November 11 if there is no president elect.

The Jumhooree Party (JP) and Progressive Party of the Maldives (PPM) have pledged their support to Waheed staying on, but former president and Maldivian Democratic Party (MDP) presidential candidate Mohamed Nasheed has called for Waheed to resign, allowing a transitional government under the Speaker of Parliament to oversee elections.

Minivan News understands that defence chiefs arrived at the President’s Office prior to Waheed’s address to the nation, initially scheduled for 10:30pm on Sunday. The address was delayed an hour, before Waheed appeared and said he would resign on November 16, the date scheduled for the delayed run-off vote.

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Supreme Court orders further election delay, reschedules for the 16th

The Maldives Supreme Court has ordered the Elections Commission (EC) and all state institutions to make arrangements for a presidential run-off election on November 16, rather than today as previously scheduled.

News of the latest court ruling came less than an hour after the EC had declared the official results of yesterday’s poll at 4:30am.

The EC also announced its intention to go ahead with the scheduled run-off, with polling times set between 11am and 7:00pm today (November 10).

“The decision made by the EC to hold the second round on the 10th deprives the people from fully obtaining the basic right stated in article 26 of the constitution,” read the Supreme Court ruling (Dhivehi).

The ruling appears to have been drafted prior to the EC press conference, however, as it states that the EC had not yet announced when the provisional results would be held, nor the times for polling.

“Thus the date previously set by Elections Commission (16 November 2013) to hold the second round of presidential elections 2013 is seen as the most appropriate date, [the Supreme Court rules by referring to article (144) of the constitution] that the second round of the presidential election to be held on 10 November 2013 must be postponed, and orders the Election Commission and other relevant state institutions to make arrangements for the second round of presidential elections to be held on 16 November 2013, Saturday.”

The ruling is not signed by any member of the Supreme Court bench, featuring only the court’s stamp.

The Supreme Court ruling suggested that the major reason for the EC’s decision to hold the run-off today was to avoid a supposed constitutional crisis created by the ending of the current president’s term at midnight tonight.

The court, however, argued that its prior ruling (2013/SC-C/42) had provided for this scenario, using the continuity of government principle to keep President Dr Mohamed Waheed in power for any interim period.

During yesterday’s polling, the Supreme Court also met to rule that this previous verdict – one that had annulled the first round of voting from September 7 – also overruled the Majlis’ motion to hand power to Speaker Abdulla Shahid on November 12.

EC Director General Mohamed Shakeel told Minivan News this morning that the ruling meant no polling stations were allowed to open, no materials to be transported, nor any other preparations to be made.

“It states that all institutions in the Maldives are ordered not to provide assistance to the Elections Commission,” he continued. “So then the police won’t help.”

“I just informed polling station officials abroad about the polling start times [at the various overseas locations] and had to call them right back and tell them to halt all preparations,” he lamented, stating that the EC was currently reviewing the order.

This morning’s ruling results from a case filed yesterday by Jumhooree Party’s (JP) Youth Wing leader Moosa Anwar, who argued that the short space between votes might result in the loss of the right to campaign before the next round.

During an EC press conference to announce the provisional results of yesterday’s poll, EC President Fuwad Thowfeek said the date had been agreed by the candidates themselves.

“We are working to have the second round tomorrow. We want to hold it tomorrow as it was agreed by the three candidates, and the president, and all the concerned authorities,” Thowfeek said.

Beyond his press conference Yameen had “not informed” the EC of his refusal to sign the lists, Thowfeek said.
While the PPM initially wanted to sign all the lists, he said they later sent a letter saying they wanted to sign only the changed lists.

Instead, preparations have been hampered by “lack of cooperation” from one candidate, Thowfeek said, which was called by “confusion” over issues involving signing the voters list.

“First we agreed, since it was one day [between the polling rounds], to take just the changed names to a separate list for the candidates to sign. But representatives requested revising the lists and to sign [the changed lists]. We did that but after signing for a while they stopped and asked to change it to the way before. So we said we were ready to do it the way they requested.”

The commission had not heard from the representatives after that, Thowfeek said.

He noted that the EC had agreed to the November 10 date upon request by the president, adding that a new date would mean restarting preparation and additional costs.

“We would face such difficulties so are trying to see if there is a way to go ahead [with the second round]. We hope we will find that path,” Thowfeek said.

“Serious risk of indefinite delay”: Nasheed

As yesterday’s results revealed a second round contest between Progressive Party of Maldives (PPM) candidate Abdulla Yameen and Mohamed Nasheed of the Maldivian Democratic Party (MDP), Yameen immediately announced that he would not be signing the required voting lists for the run-off.

“No, election is not going to happen tomorrow. Simple reason being that the Elections Commission is not prepared for that. Elections Commission does not have a list that has been pre-signed by the candidates. What they have is a fresh list. So a fresh list for us to review and sign, for verification we need at least 48 hours.”

Speaking to Minivan News yesterday evening, Nasheed warned that “if we don’t have elections tomorrow there is a serious risk of indefinite delay as now Waheed is asked to stay on by the Supreme Court. Our opponents know that they will lose in a fair fight.”

“In my view if the international community says that they will not recognise Waheed after November 11 then we will have elections. Then again it’s very difficult to see the international community doing the right thing. We are in this mess because they recognised a rebel government in February 2012,” he said.

Nasheed’s calls to the international community soon resulted in international calls to stick to the arranged election schedule.

The US state department said that delaying the second round beyond the current constitutional requirements “will create uncertainties that may destabilize Maldives.”

“It is unreasonable and unacceptable for parties to continue to demand changes to an agreed election date. Voters deserve a greater degree of predictability over something as serious as a presidential election.”

Similarly, the Commonwealth’s Special Envoy to the Maldives Sir Don McKinnon declared it to be “unreasonable and unacceptable” for parties to continue demanding changes to the agreed election date.

“Any further delays would create uncertainty for the voters, place extra demands on the Elections Commission and lower people’s confidence in the country’s democratic institutions,” he said.

A number of Maldives National Defence Force officer have been found to be circulating an appeal calling on their fellow soldiers not to obey “unlawful” orders issued by President Waheed or his political appointees, following the expiry of his presidential term at midnight on November 10.

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Nasheed to face Yameen in run-off as polls mirror annulled Sept 7 results

No candidate has reached 50 percent in the Maldives’ much anticipated revote, with the uncertainty over whether the country would return to the polls at 7:30am tomorrow morning as scheduled after second-placed Abdulla Yameen indicated that he would refuse to sign the voter registry.

Just as in the annulled first round Maldivian Democratic Party (MDP) candidate Mohamed Nasheed finished ahead, with Progressive Party of Maldives (PPM) candidate Abdulla Yameen finishing in second place.

The Jumhooree Party’s (JP) Gasim Ibrahim – whose displeasure with the first round eventually led the Supreme Court to order a re-vote – again finished in third place, missing out on the second round.

The Elections Commission is due to announce provisional results later this evening, with present vote percentages near-mirroring those of the annulled first round – although the vast majority of incumbent President Mohamed Waheed’s first round five percent support appears to have transitioned to the PPM, giving it a decisive lead over the JP.

Despite winning a clear place in the run-off, Yameen said he would be unwilling to consent to polls before November 13.

“No election is not going to happen tomorrow. The simple reason being that the Elections Commission is not prepared for that. The Elections Commission does not have a list that has been pre-signed by the candidates. What they have is a fresh list. So a fresh list for us to review and sign, for verification we need at least 48 hours. So the list they have we are not sure whether that is the list they had for today’s voting,” Yameen claimed.

“So until and unless we are able to ascertain that this is the same list, we are unable to sign that. So the Elections Commission is not prepared. What they are claiming is that they have the same list but unfortunately if it were the same list our signatures or our representatives’ signatures would have been on the list. But unfortunately these are fresh sheets. So we are not sure whether this is the same list we used for voting today. So primarily it is a shortcoming on the part of the Elections Commission. It’s nothing to do with PPM or any other party,” he alleged.

Polling began at 7:00am today and continued without major incidents before closing at 3:30pm. Today’s morning turnout appeared notably less than the 88 percent of eligible voters who cast their ballots in the September 7 poll, however the numbers picked up later in the day leading to an anticipated turnout in the low 80s.

Concerns remain over the fate of the second round, however, with both JP and PPM leaders initially reluctant to sign the necessary electoral register for the run-off.

“It looks as if they are not so keen on fulfilling their duties and responsibilities. Signing these lists is a duty given to candidates and their reps by the Supreme Court,” said Elections Commissioner Fuwad Thowfeek.

The JP would later accuse the Elections Commission of anti-campaigning by revealing the party’s reluctance to sign the new lists.

Signature of the lists was mandated within the Supreme Court’s annulment ruling, with the government aligned party’s prior reluctance to sign leading to the delay of the previously scheduled election on October 19.

Midway through today’s polling, the JP’s Youth Wing Leader Moosa Anwar submitted a letter to the Supreme Court, requesting that the second round of elections scheduled for Sunday be annulled.

Anwar argued that the short period between rounds would deprive candidates of the opportunity to campaign, or to endorse a run-off candidate.

As tonight’s result became apparent, the MDP released a statement criticising attempts to further delay the election.

“Our opponents are, once again, trying to subvert democracy by refusing to sign the voter lists for tomorrow’s election,” said MDP Deputy Chairperson Ali Shiyam.

The MDP called on the international community to do all they can to ensure an elected president is sworn in by the constitutional deadline, which expires at midnight on Sunday (October 10).

“The international community must apply pressure – including targeted, punitive sanctions – on those individuals who seek to undermine Maldivian democracy,” the party stated.

Arrangements for an interim period were addressed in the Supreme Court today, where a Majlis motion to have the speaker of the house assume the presidency was overruled by the court’s insistence that President Dr Mohamed Waheed remain in power.

The same four judges who supported the annulment of the first round of the election voted to uphold their original ruling, meaning that President Waheed and his government would remain in power.

Waheed, who had withdrawn his name from today’s ballot following a poor showing in September, has previously stated that he has no desire to remain in his post beyond the end of his term.

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

“We do not believe there will be a president and a Commander in Chief on 11 November 2013 if there is no president elect,” read the document signed by 73 officers described by one MNDF source as the “backbone of the military”.

“And we believe the positions of President, the cabinet and all individuals  in political posts will expire at 12:00 midnight on 10 November 2013… Hence, we call on all soldiers to respect the Constitution,” the soldiers stated.

The MNDF promoted over 300 soldiers on Friday.

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“Our rivals do not know elections”: Nasheed

Speaking at a campaign rally in Haa Alif Atoll Dhidhoo Island, former president and Maldivian Democratic Party (MDP) presidential candidate Mohamed Nasheed has called on his rivals to compete in elections instead of using the courts to obstruct presidential polls and disqualify MPs from the parliament.

Nasheed’s comments follow the Supreme Court’s stripping of MDP MP Ali Azim and MDP aligned Dhivehi Rayyithunge Party (DRP) Mohamed Nashiz of their seats, and the Criminal Court’s sentencing in absentia of MDP MP Hamid Abdul Ghafoor to six months in jail for disobedience to order.

Progressive Party of the Maldives (PPM) council member Ibrahim ‘Wadde’ Waheed is seeking the disqualification of DRP Leader and MP Ahmed Thasmeen Ali’s seat, citing his failure to pay decreed debt as per a 2010 court verdict.

Presidential polls have been set for November 9 after the Supreme Court annulled the first round of presidential elections held on September 7 and the police obstructed the Supreme Court ordered revote on October 19 after the JP and PPM refused to approve the voter registry.

“Our rivals do not know elections,” Nasheed said, adding that the only time his rivals had participated in elections was the multi-party elections of 2008 in which the MDP had defeated 30-year ruler Maumoon Abdul Gayoom.

Instead of campaigning and strengthening their political parties, rival PPM and Jumhooree Party were inciting hatred and engaging in back biting, Nasheed alleged.

“These people are a group, in other words a gang. There is no way they can participate in peaceful political activities,” he added whilst calling on PPM’s Abdulla Yameen and JP’s Gasim Ibrahim to compete in presidential elections.

Nasheed emphasized that the constitution exists to protect the citizenry’s rights, and that the judiciary, executive and legislature existed to uphold these rights.

“It is always, we, the citizens, who will say the last word in the Maldives,” he said.

Neither MDP nor EC want a vote: Gasim

Meanwhile, the JP’s Gasim Ibrahim has accused the Elections Commission (EC) of collaborating with Nasheed to obstruct free and fair polls on November 9.

“Neither the MDP nor the Elections Commission want to hold a vote. I accuse the Election Commission of doing things according to MDP’s wishes. I hear [the EC] does things the way Kenereege Mohamed Nasheed wants,” Gasim said at a press conference on Sunday.

The JP had sought and won an annulment of the first round of president held on September 7 at the Supreme Court, after narrowly placing third in the polls. Since then, the JP has continued to accuse the EC of fraud and tampering with the voter registry.

The EC wants Speaker Abdulla Shahid to assume the presidency at the end of the current presidential term on November 11 and hold polls afterwards, Gasim alleged.

“[T]hey want Abdulla Shahid to assume the presidency and then do this [hold election]. I think that is their spirit. This does not come as a surprise,” he told the press.

The Majlis last week passed a resolution to hand over presidency to the Speaker in the absence of a president elect on November 9. JP and the PPM boycotted the vote.

If no candidate gains over 50 percent in the November 9 polls, a second round is scheduled for November 16, five days after the end of the presidential term.

According to local media, Gasim has also said he favors a military takeover to Speaker Shahid assuming the presidency. He has called for President Dr Mohamed Waheed to continue beyond his term.

“Is it better for a man who is selected to assume the presidency? Or the Military? What is the difference? On one side they are stealing [the presidency] and doing things outside the law. Isn’t it better that our military takes over the country to save the country and maintain peace? It is their responsibility to ensure safety and peace in this country,” Channel News Maldives (CNM) quotes Gasim saying at a press conference on October 31.

The November 9 election is the EC’s fourth attempt to hold presidential polls. When the JP sought the vote annulment, the EC had scheduled a second round for September 28. With a verdict pending on the eve of elections, the EC decided to proceed with polls the next day.

However, the Supreme Court issued an injunction ordering the security forces to halt election preparations. Shortly afterwards, on October 7, the court annulled the September 7 polls and delineated 16 guidelines to hold polls by October 20.

The guidelines required all presidential candidates to sign the voter registry. However, with the JP and PPM refusing to sign the registry, the police stopped the election an hour before polls were to open.

Gasim on Saturday reiterated that he was ready to approve the voter registry if it was compiled properly. However, he alleged the EC had accepted reregistration forms with fingerprints like “a blot of ink.”

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Police arrest MDP activist accused of vandalism during protest

Police have arrested a Maldivian Democratic Party (MDP) activist on allegations that he had vandalised a CCTV camera on Chandhanee Magu and attacked a police officer during an MDP protest on October 5.

In a statement, police said that Kamil Ibrahim of Beach Rest house in Ukulhas North Ari Atoll, was arrested yesterday (2 October) at around 11:30pm in a special operation conducted by the police, while he was staying at a house named Bahurein in Maafannu ward.

Police said that on October 5, Kamil Ibrahim broke through the police barricades and entered the green zone, vandalized a police CCTV camera installed in the junction where Chandhanee Magu and Orchid Magu meets and attacked a police officer in the area after threatening several police officers using a weapon and attempting to assault police officers.

Police said that the special operation was conducted after intelligence received information that Kamil was hiding in the house.

It was also revealed that two other men, suspected of being accomplices in hiding Kamil, have been sent summon chits to produce themselves to the police headquarters.

On October 13, police had issued a statement warning that legal action will be taken against anyone who assists Kamil Ibrahim in hiding from police.

On October 5, the MDP held a large protest calling for immediate elections. The meeting was attended by several senior MDP members and MPs including vice presidential candidate Dr Mustafa Lutfi, Chairperson ‘Reeko’ Moosa Manik and MPs Imthiyaz Fahmy, Ahmed Rasheed, Ahmed Sameer, Mohamed Shifaz, Mohamed Gasam and Ahmed Easa

The following day police issued a statement announcing that 12 MDP activists were arrested on charges of assaulting police officers, disobeying police orders, and obstructing police duties.

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Inter-Parliamentary Union delegation arrive for urgent visit

A delegation from the Inter-Parliamentary Union (IPU) has arrived in the Maldives in order “to help find ways to improve trust and confidence between State institutions”.

“The frequent intimidation, harassment and attack of MPs as they go about their work have been deeply worrying,” read an IPU press release.

The organisation’s request for an urgent visit was prompted by the growing list of cases – 24 in total – involving Maldivian MPs currently filed with the IPU’s Committee on the Human Rights of Parliamentarians.

Local NGO Transparency Maldives has meanwhile called upon the Supreme Court to ensure that all MPs are treated impartially whilst calling upon members not to abuse parliamentary privileges for personal gain.

The IPU delegation, having arrived on Friday (November 1), will spend one week in the country during which time it will meet with government leaders, senior parliamentary authorities – including Speaker Abdulla Shahid, Police Commissioner Abdulla Riyaz, and members of the Supreme Court.

The group will also meet with President Dr Mohamed Waheed – recently returned from a private trip to Singapore and Hong Kong.

“The mission not only aims to promote confidence and trust between State institutions ahead of the forthcoming election, but also to have a better understanding of recent allegations of human rights violations against members of parliament. These include arbitrary arrests, attacks and intimidation, including death threats,” says IPU head of human rights programmes and mission member, Rogier Huizenga.

The delegation’s arrival follows a fraught week in the People’s Majlis, during which two MPs were unseated by the Supreme Court – a decision subsequently rejected by the speaker.

Meanwhile, Maldivian Democratic Party (MDP) MP Hamid Abdul Ghafoor – who has sought refuge within parliamentary grounds – was handed a six month jail term by the Criminal Court.

Both the verdict for Hamid and for the MPs unseated by the Supreme Court were given in absentia, a tactic the MDP has described as reminiscent of “old autocratic practice”.

The party described the Hamid sentence as “the latest move by the Maldivian judiciary in a political witch-hunt to purge MDP MPs following the party’s newfound majority in parliament.”

Transparency Maldives

Whilst calling for neutrality in the courts, Transparency Maldives (TM) has also condemned what it characterised as “attempts to shape laws and rules for protecting personal interests of the Members of the Parliament and abuse of parliamentary privileges and the institution of the Parliament.”

In a statement last week, TM contended that such attempts “weaken the legal system and obstruct the rule of law. Similarly, such acts undermine the integrity of the Parliament, eroding public confidence in the institution.”

“Members of the Parliament must be provided with appropriate privileges and immunities in order to carry out their duties as lawmakers. However, Transparency Maldives reiterates its concern that the Parliamentary Privileges Act affords undue privileges and powers to the MPs,” the statement read.

The press release followed this week’s submission of amendments to the penal code, the Drugs Act and the parliamentary rules of procedure by the MDP.

The amendment to the penal code seeks to abolish article 81 regarding public servants exercising their authority to detain innocent persons. The MDP presidential candidate and former President Mohamed Nasheed is being charged under the article for the military’s detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012.

The amendment to the Drug Act meanwhile proposes shortening the jail sentence for the offence of refusing a urine sample from one year to 15 days while the amendment to the parliament regulations would allow MPs convicted of a criminal offence to attend parliament and participate in votes.

In addition to his sentence for refusing to attend court hearings, MP Hamid stands charged of drug and alcohol offences, as well as allegedly refusing to provide police with a urine sample.

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Raajje TV looks to public for protection against new threats

Local television station Raajje TV is enlisting the public to boost its security after learning of further threats from political opponents.

“We have a book open to register their names,” CEO Yamin Rasheed. “We are finding citizens to protect us physically.”

The station’s headquarters were destroyed in an arson attack committed in spite of advance warnings communicated to police.

A group of masked men armed with machetes, iron rods and petrol set fire to the station’s main premises shortly before 4:45am on October 7, destroying its offices and control room as well as cameras, computer systems, broadcasting and transmission equipment.

After receiving donated equipment, the station was able to resume a reduced service within hours of the attack.

Yamin said the station had received further reports this week – from “reliable sources” – of threats made against the Maldivian Democratic Party (MDP) aligned station.

“The same political alliance is behind the fresh threat, which says Raajje TV should be gone from the scene to meet their political needs,” he said.

The option to use private security was suggested by police after being made aware of the new threats.

“The Police also responded to RaajjeTV’s request of Police security stating that there are difficulties in placing Officers for security but the building and the area will be specially patrolled,” read a police statement today.

Yamin expressed doubt as whether this was the case, noting that other broadcasters had received the type of protection Raajje TV was now seeking, though he did confirm that police had been maintaining a 24hr presence in the area.

Eyewitnesses on October 7 suggested that police had been in the area on that occasion but had been slow to respond to phone calls, or to the pleas of the on-duty guard – who was stabbed during the attack.

The day after the attack, Chief Superintendent of Police Abdulla Nawaz suggested that MDP protests had diverted police resources on the night of the attack, before arguing that Raajje TV staff had been negligent in not protecting the premises.

The police’s failure to prevent the attack has been condemned by Reporters Without Borders who described it as  “a direct blow to freedom of information”.

UN High Commissioner for Human Rights Navi Pillay also called on full protection for Raajje TV and other threatened institutions.

Police Inspector Azeem Waheed has written to Raajje TV CEO Akram Kamaaludheen this week requesting any information relating to past or threatened attacks on the station.

Since the controversial transfer of power on February 7, 2012, Raajje TV has faced increasing threats. In July 2012, the police and the President’s Office had said it would not cooperate with the TV station, blocking the station from President’s Office’s press conferences and police protection at protests.

The Civil Court has since ruled that the police and president’s office’s decisions  to ostracize the station were both unconstitutional.

In August 2012, critical cables in the station’s control room were cut, terminating the station’s broadcast. Several Raajje TV journalists have also reported arbitrary arrests and assaults.

In February 2013, men wielding iron rods on motorbikes assaulted Asward leaving him with near near-fatal head injuries.

According to Raajje TV the station had an audience of at least 95,000 people, one of the largest shares of Maldivian media. It reaches India and Sri Lanka, and is also streamed online.

The station is currently under investigation for allegedly defaming the Supreme Court in an October 19 broadcast. Yamin has refused to co-operate with the court ordered police investigation, arguing that such cases fall within the purview of the Maldives Broadcasting Commission.

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Majlis accepts bill to criminalise tourism boycotts

With additional reporting by Daniel Bosley

The People’s Majlis has today accepted a bill prohibiting tourism boycotts, with 30 members voting for, 30 members voting against, and Maldivian Democratic Party (MDP) MP Abdulla Shahid casting the deciding vote as speaker of the house.

The tourism boycott bill would criminalize calls for a boycott, as well as the supporting or endorsing of a boycott, participating in a tourism boycott, or any act that would incite fear amongst tourists.

Amendments to the penal code were also introduced in the Majlis today, with MDP MP Imthiyaz Fahmy submitting amendments to a number of articles, including article 81 – under which MDP presidential candidate Mohamed Nasheed is currently being charged.

The boycott bill – submitted by the Progressive Party of the Maldives (PPM) MP Ali Arif – has now been sent to the Majlis Economic Committee.

Depending on the level of participation in the boycott, those found guilty could be fined MVR150,000 (US$9740), have their trade permits cancelled, or have any honors or privileges awarded by the state revoked.

Discussions of a tourism boycott have always been particularly sensitive in the Maldives, with the country reliant on the industry which contributes over 70 percent of the country’s GDP.

Government ministers have in the past described the industry as “sacred”.

A selective tourism boycott labelled the ‘Maldives Travel Advisory’ appeared in the months following the contested transfer of power in February 2012, although the website was soon taken down.

Similarly, Nasheed himself told the Financial Times in July last year that tourists planning to visit the Maldives should cancel their holidays.

This call was not repeated, however, with the party’s National Council never agreeing to adopt such a policy.

Removals from existing code

In addition to removing Penal Code’s Article 81, Imthiyaz Fahmy proposed removing Articles 75 and 87.

Article 81 of the penal code regards public servant using authority to arrest or detain innocent persons.

“It shall be an offense for any public servant by reason of the authority of office he is in to detain or arrest in a manner contrary to law. Person guilty of this offense shall be subjected to exile or imprisonment not exceeding 3 years or a fine not exceeding MRF 2,000,” reads the article.

Former President Nasheed is currently being charged under Article 81 for the arrest of Criminal Court Chief Judge Abdulla Mohamed – an incident that precipitated Nasheed’s ouster in February 2012.

The arrest followed the failure of parliament and the Judicial Services Commission to taken action over an extensive list of allegations against Mohamed.

The Nasheed trial subsequently stalled at the high court level after the legitimacy of the Hulhumale’ Magistrate Court – specially assembled for the case – was disputed.

The composition of the court and the conduct of the trial was also criticised by UN Special Rapporteur Gabriella Knaul as “arbitary” and of questionable legality.

The Progressive Party of Maldives called for the trial to be resumed earlier this month, though not further action has yet been taken in the courts.

Penal code article 75 concerns the making of false charges: “Whoever institutes a claim against another person with the intent to cause inconvenience, loss or injury to that person without lawful grounds shall be subjected to a fine not exceeding MRF 2000.”

Section 87 of the code relates to the failure to assist public servant in his duties, with offenders subject to exile, six months imprisonment, or a MVR500 fine.

The amendments come at a time when several MDP MPs, including Fahmy, are being investigated for contempt of court and for criticising the judiciary.

The current penal code was written in 1968. Work on a new penal code started in 2008, but it is still at committee stage.

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Defiant Attorney General Azima Shakoor voted out of office

A parliamentary no-confidence motion against Attorney General Azima Shakoor has passed with 41 votes today (October 29).

The Maldivian Democratic Party (MDP) filed the motion, claiming Azima had demeaned the constitution, parliamentary powers and the integrity of the Attorney General’s post by advocating against the Elections Commission (EC) in September’s vote annulment case.

The party also accused her of attempting to benefit her political party in presidential elections, and advising government officials against attending parliamentary committees.

According to Majlis Speaker Abdulla Shahid, Azima did not attend today’s Majlis sitting and did not respond in speech or writing to any of the allegations made against her.

However, in an emotional statement addressed to the Speaker and shared with local media, Azima stressed that she had acted within the law and accused the MDP of pursuing a “personalized vendetta.”

“It is not the Majlis that I will be held accountable to on the day after tomorrow. It is to Allah. On that day, I will be accountable without any fear. All of you know I will not stray from the path of justice for worldly gains or for a job. You will know I will not make a deal,” she said.

Speaking in the AG’s defense, MPs of the Progressive Party of the Maldives (PPM) stressed that Azima had not committed any unlawful acts, and as such the no confidence motion was unjust.

The PPM boycotted the vote, but PPM MP Ahmed Mahloof voted for the no-confidence motion. In addition to the MDP, the Dhivehi Rayyithunge Party (DRP) supported the motion. Five MPs voted against.

No confidence

The MDP submitted the no confidence motion against Azima on September 25 with the signatures of 26 MPs.

In the motion, the MDP noted that as Attorney General, Azima had advocated against an independent state institution – the EC – that she was mandated to defend.

Following the first round of elections on September 7, third placed Jumhooree Party sought to annul the vote, alleging widespread electoral fraud. Azima intervened in the case, presented a police intelligence document and asked for an investigation.

A copy of the document was leaked on social media. It alleged 18,486 irregularities on the voter registry. The Supreme Court annulled the election on October 7 and ordered a re-vote.

In her intervention she “advocated against the Elections Commission, discredited the institution, prioritized political party interests, and worked against the constitutional principles, state and public interest,” said the MDP.

The party suggested that the AG had abused her position to influence elections and in doing so had obstructed the election of a new government.

It also accused Azima of infringing upon the parliamentary powers by advising government officials and the security forces not to attend a Majlis committee set up to investigate the controversial transfer of power on February 7, 2012.

“Taken together, these actions clearly demonstrate that the Attorney General has destroyed constitutional norms and democratic laws,” the motion read.

“The Attorney General has demeaned the Constitution and the integrity of the post of Attorney General and betrayed the Attorney General’s responsibilities and the Maldivian nation,” it added.

“Head held high”

In a statement shared with local media, Azima criticized MDP presidential candidate and former President Mohamed Nasheed.

“If I am dismissed from my job because certain individuals believe I am obstructing such a man [Nasheed] from coming to power, and if I lose my job, and if I lose my job because of this reason, and because I did not join them like you [Shahid] did, I see it as my sacrifice for this country. I will leave my job proud, with my head held high,” she told Haveeru.

If Nasheed took over the presidency, he would weaken the state and the country’s sovereignty, and weaken Maldives’ Islamic faith Azima alleged.

“I am saying so because I know so. However, I have not committed any act that violates the law. And I have not participated in any political activities. In my term, in matters relating to him [Nasheed] I acted fairly, within the law,” she said.

She alleged that, as president, Nasheed had sold part of the Maldives’ territory to another country – information which she had shared with the Majlis’ National Security Committee. Furthermore, Nasheed had attempted to include Jewish cultural education in the national curriculum, she claimed.

“I do not accept defying Islam and the Prophet. I believe the country has maintained its sovereignty because Maldivians have maintained the Islamic faith. I do not believe any other religion but Islam should exist in this country. This is my belief,” she said.

On the state’s decision to intervene in the Supreme Court’s vote annulment case, Azima said it was her duty to act as she had received credible evidence of electoral fraud. However, she said the state had not advocated for or against a vote annulment.

“I had to take action when I received credible evidence of repeated voting and votes cast by thousands of dead people, individuals who have not yet been born, and individuals who had not made ID cards through the Department of National Registration. Similarly, the state must be concerned when people made passports using those [fake] ID cards.

“These are matters that I would be questioned on if I did not take any action. Since these are matters that can be proven if a proper investigation is done, I did so with courage,” she said.

She also criticized Speaker Abdulla Shahid for helping MPs evade the courts, for supporting MPs who were in contempt of court and those who had committed criminal acts. Moreover, she said the Majlis had not followed the legal norms in dismissing a cabinet member.

“Today you are the judges and you have written your verdict without allowing the accused a right of response,” she said.

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