Usfasgandu handed back to MDP

Usfasgandu has once again been handed back to the Maldivian Democratic Party (MDP) by Male’ City Council.

Speaking to local media on Sunday (March 24), Male’ City Council Mayor ‘Maizan’ Ali Manik said that the area was handed back to the MDP after they requested back the land.

“Usfasgandu is a place where a large number of Maldivians gather to voice their opinions, and MDP requested for the area in accordance with existing policies.

“MDP has said that the area will be used by the people to express their opinions, rather than by the party to advocate its ideology,” Manik was quoted as saying in SunOnline.

Mayor Manik claimed that as no other party had requested Usfasgandu other than the MDP, it was handed back to the party.

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Comment: Anatomy of a manufactured crisis

“The mass do not take their opinions from dignitaries in Church or State, from ostensible leaders or from books. Their thinking is done for them by men much like themselves, addressing or speaking in their name, on the spur of the moment… ” – John Stuart Mill, On Liberty

As I’m writing this (13th March 2013) negotiations are underway between Male City Council, Environment Ministry and Tatva Global, with the help of Clinton Global Initiative towards a final resolution that will hopefully put Male’s waste management issue behind us. Though it would seem that the issue is simply, writing a fair and favourable contract for all stakeholders involved, the picture that emerges from media is entirely different.

The media narrative (especially in the broadcast media belonging to rich resort owning businessmen) is a simple one. Male City Council with the sole interest of obstructing proper functioning of government had deliberately halted its waste management program. At times, this story shifts towards a negligent or inefficient Male City Council.

Nevertheless, the basic premise is indubitably clear: the responsibility lies with Male City Council. While the waste management crisis is a real, concrete issue that affects many lives, this simplified story of good and evil that we are sold supports a political goal – that of constructing a people antagonistic to Male City Council, and by extension MDP, who dominates the City Council seats.

This is helped by the fact that Male Kunikoshi (waste disposal area) is subject to arson attacks whenever MDP protests flare up in the city, and media consumers are often led on to believe that such arson attacks have a relation to MDP. While it is unclear who is actually responsible for these arson attacks, the general nuisance such incidents create helps to foster sentiments that support the above narrative of an inefficient/negligent Male City Council.

When we unpack this whole series of events beginning with the budgetary issues of Male City Council, waste handling issues, and how these issues are portrayed in the media, a pattern emerges. I believe this pattern is reflected in other similar issues of the past three years, and can be used to explain the mobilisation of thousands of anti-government supporters (together with police and MNDF), which finally resulted in Waheed taking control of the executive. The significance of this pattern is the populist approach media takes, pitting the interests of a ‘people’ against a system of corruption, negligence, inefficient bureaucracy, where this system is often institutions controlled by MDP.

The result of such narrative is key voting blocs are won over to the camp who represents the interests of the said ‘people’. Understanding this pattern is key to understanding how politics is conducted today in the Maldives.

Roots of the waste management crisis

An agreement between Tatva Global, an Indian company with experience in environmentally friendly waste management, and Male City Council was signed in May 2012. Very little or no budget was allocated for waste management for the following year 2012 by Male City Council, which seems to have been on the understanding that Tatva Global would take over waste management within six months of signing.

Yet by early 2012, nine months into the contract, Tatva Global had little to show and was requesting for more time. Following the February coup, Male City Council issued a statement refusing to acknowledge the legitimacy of Waheed’s government and presenting a stand of non-cooperation with Waheed’s government.

By May 2012 the conflict between Male City Council and Waheed’s government was intensifying, primarily over land and other assets controlled by Male City Council. At that time, Thilafushi was considered part of Male and under the jurisdiction of Male City Council. All waste ends up on Thilafushi either for processing or burial and is key to the waste management project.

Waheed’s reaction to the crisis was to change Thilafushi Corporation’s Board of Directors and refuse cooperation with the waste management project. Meanwhile, Tatva Global’s project itself was running into their own problems, with Tatva requesting yet more time from Male City Council, with the project already a year late.

May 2012 was also the time at which the media onslaught against Male City Council ratcheted up. Media coverage of Male City Council during May and in the following months was primarily focused on creating a narrative that attempted to portray Male City Council as extremely politicised and unable to provide basic services for the public, because of their non-cooperation stand. As part of this campaign against Male City Council, a petition with fifty odd signatures was submitted to LGA requesting to take action against Male City Council for their negligence.

By June 2012, a month into the targeted media campaign against Male City Council, Male City Council was reported as saying that they did not have the necessary funds to pursue various projects such as roadworks and waste management. Members of the City Council kept repeating that there was no budget for such projects, and they were capable of conducting only minimal ‘patch’ works, and that previously held assets for such work had already being transferred to Road Development Corporation. It would seem that the government and media were in sync, pulling the levers of finance and media against Male City Council – by transferring responsibility of roadworks from Road Development Corporation to Male City Council without giving them the necessary resources, by blocking finance, and creating a media frenzy around this issue portraying Male City Council as inefficient and negligent.

By July 2011, Waheed had issued an executive order for the takeover of Thilafushi and handed over complete control of Thilafushi and all related assets to Thilafushi Corporation. At the same time, Waheed’s Environment Minister went to press expressing the government’s intention to start their own waste management project. This completely sidelines Male City Council and Tatva Global, bringing their project to a halt.

Just a week later, Male City Council would announce that Male Kunikoshi (the waste disposal area) was full ahead of Ramadan, a peak time of the year, and they do not have the budget for the cleanup as finance was completely blocked.

From this point forth, the same pattern kept repeating – either the garbage disposal would be full and Male City Council would be forced to close the site, or an arson attack burned the garbage dump – and this continued for a full nine months.

All the while, the media unquestioningly follows the official line – Male City Council is at fault, and it is their sole responsibility. The result: public opinion, vital ahead of the election, is turned against Male City Council and MDP.

February/March 2013 would bring a slightly new twist to the whole narrative. This recent episode begins with Nasheed taking refuge in the Indian High Commission, and once again there’s an arson attack on Kunikoshi. This time however, Imaadhudheen School shuts down because of the smoke and parents protest outside Male City Council.

Waheed, seeing the opportunity to grab a few more votes, swept in with the MNDF to clean up the garbage dump.

The following video report produced by DhiTV on the day Waheed visited Male Kunikoshi is exemplary of the kind of biased, one sided, vote-seeking reports produced in our media landscape, and worth seeing just to see how an issue can be manipulated in the media:

http://m.youtube.com/watch?v=CHbsUH8h4Ps

Unpacking the Media Narrative

The first point to note is that underneath all the political rhetoric and maneuvering lies a real issue that affects many lives – the public health hazard, teachers and students being hospitalised, closing of schools, the smoke, the stench etc.

The public has a right to feel disaffected by this crisis, and is indignant and up in arms with good cause.

The second point to note is though this is a manufactured crisis; there is no inherent direction to which this raw emotional energy of the public may flow. That is to say, that it is entirely contingent, and depends on how Male City Council responds as much as to how Waheed is able to captivate and charm his way around it.

But clearly, Male City Council is at a disadvantage here, when the media gives little attention to their press conferences.

The MDP, which is ultimately implicated in all these battles, rarely seems concerned by how these issues unfold in the public imagination, and are mostly focused on other battles that they consider more significant.

It is in these circumstances that Waheed is presented as savior coming to save the public from an impending health hazard with his sleeves rolled up, literally. His words focus entirely on creating the impression that Male City Council has been unable to fulfill their duty, and that he had to ‘save’ the public from a health crisis by marching in to Male Kunikoshi with the MTCC and MNDF.

In what little facts that are in the report, we are still able to glean a few and be amazed at their glaring contradictions. For example, Waheed claims that he will clean up Male Kunikoshi by allocating a MVR 21 million budget for the immediate one time clean up, yet for all their complaints, Male City Council were given only MVR 8 million for the same job in the months before.

Had he allocated the budget earlier, could he have prevented this crisis, entirely? Yet, such doubts are easily glossed over when we are bombarded with such repeated rhetoric as “the past three years”, “irresponsible, politicised City Council” and so on. The public in its turn can only breathe a sigh of relief, a moment of catharsis, after weeks of burning stench.

From Disaffected Public to Political Subjects

This is also the same public who protested in front of Male City Council demanding a rapid solution to the waste management issue, after being tormented by weeks of smoke.

It’s important to note the changes that occur when a disaffected public (in this case Imaadhudheen parents) goes in to political action. Before engaging in political action, one has to accept certain notions, and give meaning to certain symbols in that particular situation.

To simply have a demand – stop the smoke and stench – is not enough for one to be constituted as a political subject. In this case, the choice of location (in front of Male City Council) already shows who they chose to blame in this particular crisis.

The choice to protest there shows they had already accepted the basic contours of the narrative presented by Waheed and DhiTV, which in one sense means that even before Waheed marched in to Male Kunikoshi, he had succeeded in creating a possible voting bloc. This last gesture of providing MVR 21 million in relief for the clean up was mere icing on the cake; Waheed’s chance for a souvenir victory portrait atop a garbage hill.

When we have examined this crisis closely we see how a disaffected public is created in a crisis, captured within a particular discourse, and within this system of signification how different elements cohere together and give articulation to political subjects.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Man arrested in connection to March 5 unrest

Police have arrested a 26 year-old male in connection to unrest at a protest outside Male’ City Council on March 5, local media reported.

Hussain Abdullah, of Blue Bird house in Male’, was arrested on Monday (March 11) after police posted a video online searching for individuals who had allegedly caused unrest during the protest.

The demonstration on March 5 followed the arrest of former President Mohamed Nasheed ahead of his scheduled trial hearing at Hulhumale’ Magistrate Court the next day (March 6).

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Police seek public assistance to identify four protesters

Police have asked for public assistance in identifying four men seen in a video clip captured of the Maldivian Democratic Party (MDP) protest on Tuesday near the Male City Council Office in Majeedhee Magu.

In a statement police asked the public to provide any regarding the four persons to the police criminal investigation department on 963 1696 or police headquarters at 332 2111.

Police also said that, if required, protection will be given to anyone who shared information with the police.

Yesterday the police also published the picture of MDP activist Ali Hashim, 24, from the island of Dhidhoo in Haa Alifu Atoll.

Hashim was previously arrested by police in connection with the murder of Dr Afrasheem Ali, but was released without charge.

Police said Hashim surrendered himself to the police at 10:55pm last night and was is now under police charge.

Police have not disclosed why the four suspects were being searched for.

MDP protesters took to the street after police arrested former President Mohamed Nasheed in compliance with an arrest warrant issued by the Hulhumale’ Magistrate Court.

Nasheed is to appear for his alleged unlawful detention of Chief Criminal Court Judge Abdulla Mohamed during his final days in office, charges his party maintain are a politically-motivated attempt to disqualify him from the September 7 elections.

Nasheed’s legal team filed a case at the Criminal Court yesterday requesting for a writ to habeas corpus. However the Criminal Court rejected the case without holding a hearing.

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High Court overturns Civil Court ruling against Male’ City Council over MDP protest site

The High Court has invalidated a Civil Court ruling ordering Male’ City Council (MCC) to hand over the MDP’s protest site to the government.  The area was previously leased to the opposition Maldivian Democratic Party (MDP).

Earlier this month, the Civil Court ordered Male’ City Council to clear the land plot and hand it over to the Housing Ministry. The MCC appealed the Civil Court ruling, claiming that the court had not given the council an opportunity to defend itself, making the ruling unlawful.

The High Court today ruled that the Civil Court had failed to follow legal procedures in its hearing of the case, concluding that its ruling at the time was unlawful.

Presiding judges Justice Azmiralda Zahir, Justice Yousuf Hussain and Justice Abbas Shareef all backed the verdict today. Following the High Court ruling, police removed the barricades on Boduthakurufaanu Magu behind the STELCO and reopened the Usfasgandu area.

The area was cordoned off by police late last month after the High Court issued a warrant requesting the area be kept under police custody until it reached on verdict on the case.

MDP protesters clashed with the police several times after they cordoned off the site.

Lease dispute

Male’ City Council (MCC) leased the Usfasgandu area to the ousted ruling party in March 2012, prompting repeated attempts by the government to reclaim the area on the grounds it was being used for criminal activity, including the practice of black magic.

The MDP had moved to the area after a previous protest camp at the tsunami monument was dismantled and completely repainted by police and military on March 19, 2012.

On May 29, police raided the Usfasgandu site after obtaining a search warrant from the Criminal Court, ordering the MDP to vacate the area. The Maldives National Defence Force (MNDF) then began dismantling the protest camp.

The Housing Ministry filed a case with the Civil Court after MCC refused to hand the land plot to the ministry.

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High Court concludes city council’s appeal into ownership of MDP protest site

The High Court on February 13 concluded an appeal by Male’ City Council (MCC) over the ownership of the ‘Usfasgandu’ land plot in the capital, leased to the opposition Maldivian Democratic Party (MDP).

The court is expected to rule on the appeal during the next hearing of the trial, which has yet to be scheduled.

The council’s High Court appeal followed a case filed by the Housing Ministry at the Civil Court ordering the MCC to hand over the land in seven days. The plot of land has been used by the MDP as a base for protests in Male’ for much of last year.

Lawyers from the Attorney General’s told the court that the MCC had given the land to a political party that was supposed to be used for social and leisure purposes.

The MCC claimed that had not been given adequate opportunity by the lower court to present its defense before the ruling to hand over the land was made.

According to local media present at the court, the AG’s lawyers claimed it was the duty of the council to prove their innocence in the matter.

The presiding judges said a verdict would be delivered at the next hearing unless the court needed to further clarify the matter.

The Male’ City Council gave the land to the MDP after its protest site near the tsunami monument area was dismantled by military and police on March 19, 2012.  The camp was dismantled the same day President Dr Mohamed Waheed delivered his presidential speech to the parliament, amid protests inside and outside the parliament chamber.

In May 2012, the Maldives’ cabinet ordered the Usfasgandu site be handed over from the MDP-dominated council to the jurisdiction of the government’s Ministry of Housing.

Following what it called the “non-compliance” of the MCC in handing over the area, police were asked to intervene and “take over”.

A chain of appeals eventually led to the MDP being evicted from the site and cordoned off by police on the orders of the High Court.

Police has previously raided the site on the morning of May 29, 2012, after obtaining a search warrant from the Criminal Court.

The reasons for the search as stated on the warrant included: “suspected criminal activity”, “damage to public property”, and “suspected black magic performed in the area”.

Under ‘evidence’, the warrant alleged that people in the Usfasgandu area verbally abused police officers and damaged a police vehicle on April 20, obstructed a Maldives National Defence Force (MNDF) exercise of May 9, and on May 25 “MDP protesters threw a cursed rooster at MNDF officers.”

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Male’ City Council calls for release of Councilor Falah

Male’ City Council (MCC) has called for the release of Councillor Mohamed Falah, who is currently being held in police custody in Dhoonidhoo detention centre.

In a statement, the MCC alleged that Falah’s arrest was unlawful and politically motivated.

Falah was arrested along with 14 other senior members of the Maldivian Democratic Party (MDP) on charges of obstructing police duty, objection to order and breaching police green zones on Friday (February 1).

In a statement issued at the time, police condemned the protest by MDP activists.

Police said that 15 persons were arrested near the party’s protest site at Usfasgandu after they allegedly attempted to breach its barricades. Police fenced off the site after the high court ordered it be repossessed pending a dispute over ownership between the council and government.

However, a protester who was present at the time disputed police allegations that demonstrators broke through police lines.

“We were just standing behind the barricades when they came in, we didn’t even move or run. We just stayed there, we didn’t even call them ‘baaghee’ (traitor) but we kept on telling them they should give a proper reason for arresting a person, they just can’t take people for no reason,” the protester told Minivan News.

Demonstrators kept questioning the police as to why they were making the arrests when none of them had crossed the police line.

“We kept on asking what the [the arrested protesters] had done. After taking in a few protesters, they came towards us and took [Youth Wing Leader] Shauna. They came towards her and said she had to come with them whether she liked it or not. Two to three of us were holding her when they took her,” the protester added.

The detained activists were presented to the Criminal Court on Saturday (February 2).  The court extended their detention by a further five days.

The MDP meanwhile alleged that the court did not even consider remarks made by the detainees’ defence lawyers during the hearing.

Ownership dispute

The Civil Court has previously ruled that the Usfasgandu land plot was under the jurisdiction of Housing Ministry and ordered the MCC to hand it over to the ministry.

The council refused and appealed the ruling at the High Court.

The MCC later appealed the High Court warrant to keep the area under police supervision until the court concluded the case.

Minivan News understands the Supreme Court has not yet informed the council if the case has been accepted.

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Police cordon off MDP protest site ahead of rally

Police have cordoned off the Maldivian Democratic Party (MDP)’s protest site at ‘Usfasgandu’ in Male’ ahead of a rally led by former President Mohamed Nasheed this evening.

The police action came after the High Court ordered police to repossess the area until it delivered a verdict concerning an ownership dispute between Male’ City Council (MCC) and the Housing Ministry.

The MCC , which leased the land to the MDP following the party’s eviction from their site near the tsunami monument, took the matter to court after the Housing Ministry ordered the Usfasgandu site be transferred to the government.

The Civil Court has previously ruled that the Usfasgandu belonged to Housing Ministry, and ordered the MCC to hand over the plot to the government.

However, the ruling was appealed by the MCC in the High Court, which today issued both an injunction on the Civil Court decision and an order that police should reclaim the land pending its decision on the rightful ownership.

The High Court writ issued today stated that the ‘Usfasgandu’ area shall be kept under police charge until the court reached a verdict on the case.  The court stressed that no one should use the land plot for any purpose until it had concluded the case.

The High Court warrant stated that its order was issued in compliance with the Supreme Court writ or prohibition number 2011/SC-SJ/04, which says that delaying implementation of a lower court’s ruling is a civil procedure to protect rights in appeal cases.

Speaking to Minivan News following the High Court’s ruling, Police Spokesperson Sub-Inspector Hassan Haneef said yesterday’s request by the Housing Ministry to evict the MDP had been superseded by the new order.

‘’We are now beginning work to do everything we have to do in order to implement the High Court order that was issued today,’’ Haneef said.

The MDP released a statement labelling the repossession of the land as a “blatant prevention of the right to assemble and the right to freedom of expression.”

The eviction of the party from its second protest site would “escalate tensions amongst party grass roots and supporters as the court order coincides with a rally planned weeks ago to be held at the venue tonight,” the party stated.

“The move is also seen as an attempt to create unrest amongst peaceful gatherings to create a pretext to unleash brutal police action to intimidate dissenters of the usurper government,” the statement added.

“The MDP appeals for participation by all concerned in the party’s efforts in instituting urgent action to prevail upon alleged usurper President Dr Mohamed Waheed, to desist from continuing to violate and undermine the country’s constitution and in taking imperative steps to reconstitute democracy in the Maldives,” it concluded.

Site leased

Male’ City Council (MCC) initially leased ‘Usfasgandu’ to the MDP for three months back in March 2012, prompting repeated attempts by the government to reclaim the area on the grounds it was being used for criminal activity, including the practice of black magic.

The MDP moved a few dozen metres down the road to the site after a previous protest camp at the tsunami monument was dismantled and completely repainted by the police and military on March 19, 2012.

On May 29 last year, police raided the Usfasgandu site after obtaining a search warrant from the Criminal Court, ordering the MDP to vacate the area before 10:00pm that day. The Maldives National Defence Force (MNDF) then began dismantling the protest camp.

The Civil Court however issued an injunction ordering security forces to halt the operation after the MDP challenged its legality. The injunction was to stand until the court reached a verdict and was later upheld by the High Court.

In August 2012, the Civil Court ruled that the police did not have the legal authority to order the opposition MDP to vacate the area. The government has since tried to transfer the land from the council – dominated by MDP councillors – to the government-controlled Ministry of Housing and Environment.

Male’ City Council refused to hand over the land and insisted that the area was “temporarily leased” to the former ruling party in accordance with the Decentralisation Act, and contended that the ministry does not have the legal authority to reclaim council property.

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Male’ City Council to appeal following court order to hand MDP protest site to government

Male’ City Council (MCC) has appealed to the High Court asking for it suspend a Civil Court ruling to hand over the Usfasgandu area to the Ministry of Housing and Infrastructure.

The Maldivian Democratic Party (MDP) has been using the area as a protest camp after it was allocated the land by MCC. According to a Civil Court order, the MCC violated the government’s land use plan because it lacks the authority to hand over the land to other parties.

MCC Mayor ‘Maizan’ Ali Manik told Minivan News that the city council allocated the Usfasgandu area to the MDP in order to keep them from protesting on the streets around Male’, and that a letter had been sent to High Court today (January 21) asking it to suspend the Civil Court’s ruling.

“Usfasgandu is not only for the MDP but for the whole of Male’. Without it (the MDP) would be on the streets. To prevent this we gave them the area.

“The government want the MDP to go onto the streets, that way they can say there is no stability in the county and prevent early elections from being held,” Manik alleged.

Asked if the MDP would be allocated another area should they be removed from Usfasgandu, Manik answered “If they request for it, we will reply”.

Home Minister Mohamed Jameel Ahmed was not responding to calls from Minivan News at time of press.

The area has been used for protests by the MDP since their former site near the tsunami monument was forcibly dismantled by police and military on March 19, 2012.

Maldivian Democratic Party (MDP) Spokesman Hamid Abdul Ghafoor said the threat of eviction is not an issue for the party who, if removed, “will simply have to find a new space”.

“Occasionally there are efforts made by the government to go to great lengths in order to restrict freedom of expression and assembly and this is one of them. This should not impact the MDP, we have grown in the past without space,” Ghafoor added.

“MDP are thinking in a nutshell”

Responding to allegations that the government is attempting to limit freedom assembly, President’s Office Spokesman Masood Imad told Minivan News that “if anything [the Usfasgandu handover] is facilitating freedom of assembly for everyone else”.

“By constantly being at Ufasgandu, are the MDP not limiting other people’s freedom of assembly and expression? If the Home Ministry is to take the site accessible for other parties to use the space as well as the MDP, it is not a restriction of assembly.

“They could make it like the artificial beach area so it can be used by all parties based on request, I am sure the MDP will be given the chance to use it,” Imad said.

Regarding Mayor Manik’s comments, Masood claimed the mayor needs to be more “Male’ mayor” than “MDP mayor”.

“Who is to say the MDP will start protesting on the streets if Usfasgandu is handed over? Why do some people think the [MDP] always protest?

“Contrary to what Mayor Manik thinks, I don’t think they go around making protests, I think the MDP are good guys,” Imad said.

Should MCC’s appeal to High Court fail to suspend the Civil Court’s order, MDP Spokesman Ghafoor stated it would be up to the National Executive Committee or the National Council to take the matter further.

“The reason for this would be because the MDP is being denied a constitutional right and cornerstone of the human rights based democracy we achieved through peaceful assembly,” he added.

The civil court’s ruling, which orders the area to be handed over within the next seven days, states that MMC’s current use of the area is in contradiction to the agreement made between the council, Ministry of Housing and Infrastructure, and Ministry of Finance and Treasury.

According to the agreement, the land “shall be kept empty for public use and that the land shall be developed in manner accessible to the public all times.”

Ghafoor further claimed the government has become “very adamant” in taking back control of land from local councils, alleging that the ultimate aim is to prevent freedom assembly.

Condoms and black magic: Previous Usfasgandu raid

In May 2012, Maldives’ cabinet announced its decision to hand over the Usfasgandu area to the Ministry of Housing and Environment.

Following the “non-compliance” of MCC in handing over the area, police were asked to intervene and “take over”.

Police raided the MDP protest camp at Usfasgandu on the morning of May 29, 2012, after obtaining a search warrant from the Criminal Court and cordoning off the area from MDP demonstrators.

Reasons for the search as stated on the warrant included: “suspected criminal activity”, “damage to public property”, and “suspected black magic performed in the area”.

Under evidence, the warrant alleged that people in the Usfasgandu area verbally abused police officers and damaged a police vehicle on April 20, obstructed a Maldives National Defence Force (MNDF) exercise of May 9, and on May 25 “MDP protesters threw a cursed rooster at MNDF officers.”

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