“CMAG lacks clear mandate to place Maldives on its agenda”: government tells EU

Maldives’ permanent representative to the EU Ali Hussein Didi has criticised the Commonwealth’s involvement in the Maldives, telling the European Parliament that the Commonwealth’s Ministerial Action Group (CMAG) lacked a clear mandate to place the Maldives on its agenda.

Following former President Mohamed Nasheed’s claim he was deposed in a coup d’état, the Commonwealth suspended the Maldives from the CMAG, and said it had decided to place Maldives on its formal agenda because of “questions that remain about the precise circumstances of the change of government, as well as the fragility of the situation in the Maldives.”

However, in a statement obtained by Minivan News provided to a monthly EU parliamentary session on South Asia, Didi said the situation in the Maldives did not allow for the country to be placed on the Commonwealth’s agenda.

Didi said the enhanced mandate of the CMAG approved in Perth in October 2011 only allowed the organisation to place a country on its agenda if there was: “(1) unilateral abrogation of a democratic constitution or serious threats to constitutional rule; (2) the suspension or prevention of the lawful functioning of parliament or other key democratic institutions; (3) the postponement of national elections without constitutional or other reasonable justification; and (4) the systematic denial of political space, such as through detention of political leaders or restriction of freedom of association, assembly or expression.”

“As you would agree, the Commonwealth Ministerial Mission that visited the Maldives from 17-19 February was not able to determine whether any of the above four conditions exists in the Maldives,” Didi claimed.

But the government of Maldives will continue to extend “maximum level of cooperation” to the Commonwealth “despite the fact that, in our opinion, the CMAG lacks a clear mandate to place the Maldives on its agenda,” Didi said.

In his five page statement, Didi further criticised the CMAG for not responding to requests for assistance to the government’s inquiry into the transfer of power, and reiterated the government’s commitment to holding presidential elections in 2013. He also claimed President Nasheed was ousted in a widespread popular uprising following Criminal Court Head Judge Abdulla Mohamed’s detention and said that normalcy and stability had returned to the Maldives.

Further criticisms

The CMAG and the EU have called for an independent and impartial investigation into the transfer of power and urged the Maldives to hold an early presidential election within the calendar year.

New President Dr Mohamed Waheed Hassan set up a three member Committee of National Inquiry (CNI) to investigate the circumstances surrounding Nasheed’s resignation, but the CMAG has challenged the committee’s independence, and in April warned of “further and stronger” measures should the Maldives fail to review the committee’s composition and mandate.

However, Didi supported the CNI’s independence and said the Commonwealth and the United Nations had not responded to requests for technical and legal assistance for the CNI.

Spokesperson for the Commonwealth Secretariat, Richard Uku had previously told Minivan News that the CMAG remained “ready to assist the Commission as soon as broad-based political agreement is reached on its composition and terms of reference.”

Didi also acused the CMAG of failure to respect understandings reached by the Maldives government and the Commonwealth’s Special Envoy Sir Don McKinnon. He did not provide details on the nature of the understandings reached between the government and McKinnon.

“Yet, I note with regret that the understandings we reached with the Secretary General’s Special Envoy, H. E. Sir Don McKinnon has not been respected by the CMAG or the Commonwealth Secretariat. The cooperation we give to the Commonwealth is not reflected in the statements issued by the CMAG. My government would therefore need the assurance from the Commonwealth Secretary General that the organisation’s interaction with the Government of Maldives is serious and that any understanding reached with the Government would fully be respected,” Didi said in his statement.

Commission of National Inquiry

Didi said the CNI “is conducting its work in complete independence from the Executive and other branches of government.”

He  also provided details on the government’s efforts to make the CNI acceptable to President Nasheed and to solicit international assistance.

“Names of the Commission members were shared with the MDP through international partners but no response was received. Eventually, the Government had to establish the Commission with the consultation and guidance of members of the international community. Although the Commission comprises officials with immense integrity and respect in the country, it has requested both the Commonwealth and the United Nations for technical and legal experts to assist the Commission in carrying out its work. The terms of reference of the request experts were drawn up in close consultation and in complete agreement with the Commonwealth Secretariat. Despite repeated follow-ups by the Government, there has been no response from any of the two organizations to the request.”

Didi further claimed President Nasheed had not exhausted domestic legal avenues for justice.

“His own party’s Vice President Alhan Fahmy, MP, called for a parliamentary inquiry into the events that led to transfer of power. However, this was also later withdrawn from Parliament when Nasheed decided he did not want inquiry from taking place,” he claimed.

Fahmy had submitted the resolution to Majlis’ National Security 241 committee. Nasheed’s Maldivian Democratic Party (MDP) MPs said they had walked out of the committee because the committee was chaired by MP Gasim Ibrahim who they accuse of funding the alleged coup d’état.

Early election

Didi noted the EU’s call for early elections, but said that July 2013 was the earliest date allowed for elections in the constitution. Further, an early election could not be held while the Office of the President continues to be occupied, he claimed.

“When Maldivians voted in 2008, they voted for a President and a Vice-President. Every vote that Mr Nasheed received was also received by Dr Waheed. The Vice- President is elected for the primary purpose of filling the office of the President, should it become vacant during the term of Presidency, for any reason,” the statement said.

“Normalcy has returned”

Didi also assured the EU parliament that “stability and normalcy” had returned to the Maldives.

“The political situation in the Maldives is stable and normalcy has returned to the country. All state institutions are open, and fully functional. The schools are open, and functioning as normal. Hundreds of tourists visit the Maldives every day. In short, people in the Maldives go about their lives as normal.”

According to Didi, Dr Waheed’s administration was “committed to enact reform legislation, strengthening judiciary, building capacity of independent oversight bodies, modernising the criminal justice system and fighting corruption.”

He alleged corruption was “endemic” in Nasheed’s administration and claimed that President Waheed had set up a “High Level Task Force” to ensure compliance with the Anti- Corruption Commission and Auditor General’s reports and recommendations.

Nasheed left the Maldives at the verge of bankruptcy, Didi alleged, saying that Maldives’ debt had risen from 46 percent of GDP to 88 percent of GDP during Nasheed’s tenure.

“A team of IMF officials that visited the Maldives a few days back issued a stern warning to the Government that unless painful measures are taken urgently, the Maldives faces economic and financial crises within a matter of few months,” Didi claimed.

“Widespread popular uprising”

Didi claimed President Nasheed resigned following “a widespread popular uprising” after Nasheed “abducted” Criminal Court Chief Judge Abdulla Mohamed.

The judge was not granted access to a lawyer or family for 22 days and refused to obey a Supreme Court ruling to release the judge, spurring a series of nightly protests against Nasheed, Didi said.

“The Government’s response to the protests was the use of tear gas and arrests. Simultaneously, however, hundreds of convicted criminals were released from the prison, and were put on the streets to clash with the protesters,” the statement read.

After 22 days of protests, Nasheed’s administration ordered the police to withdraw from the streets, “and the protesters from both sides were left to fight physically and the security forces were ordered to do nothing,” Didi said.

“Reporters and protesters were getting serious injuries and taken to hospital in numbers. Eventually, the police who had been withdrawn from the site, decide, on their own volition, to go and stop the clashes and implement law and order. All of this was being broadcast live on TV and was witnessed by the people of the Maldives.”

“Following this, orders were given to arrest the police officers, who had intervened, upon their return to the Police Headquarters. At which point, majority of the police force decided to join hands and took their position on the square in front of the Police Headquarters and MNDF Head Quarters. Then began the police and armed forces stand-off. In the ensuing time, President Nasheed decided to resign,” the statement narrated.

MDP Spokesperson Hamid Abdul Ghafoor refuted claims of popular uprising saying the protesters only numbered a few hundred people consisting of “police in plain clothes and opposition party members who were paid to protest.”

Further, Ghafoor said Judge Abdulla had been granted access to a lawyer and family members, but had refused to see his family. Hamid also noted that the Human Rights Commission (HRCM) had visited the judge on January 20 and told media that the judge was in good health, and had the ability to freely roam the island.

Hamid also condemned Didi’s failure to include in his report the police’s ransacking of MDP offices in the early hours of February 7, the hijacking of state broadcaster MNBC One, and the police’s brutal crackdown on Nasheed and his protesters on February 8.

Read the government’s full statement to the EU (English)

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Former MDP Councillor wins Maafaru Island Council by-election on PPM ticket

The Progressive Party of Maldives (PPM) has had further success at the polls after it was reported that former Maldivian Democratic Party (MDP) member Anwar Abdul Ghany had won the Maafaru Island Council on a Progressive Party of Maldives (PPM) ticket, according to local media.

Anwar had previously held the seat for the MDP but vacated it after a public dispute with the party. An amendment to the decentralisation act stipulates that any councillor leaving their party also vacates the seat. This feature of the bill was added on the insistence of the Dhivehi Rayyithunge Party (DRP) whose splintering resulted in the formation of the PPM.

Anwar defeated the MDP candidate Mohamed Abdul Ghanee 323 votes to 283, in a constituency of 700, according to Sun Online.

Director General of the Elections Commission Mohamed Tholal said that official confirmation of the result would be made at 3:30pm tomorrow.

He added that the elections had, again, gone smoothly. Suggestions were made by government members that weak institutions such as the Elections Commission made early elections impossible, despite repeated calls from the opposition and the international community to hold new polls to legitimise the new administration.

This result means that, in six polls conducted since the controversial transfer of power in February, the PPM has won two council seats and one parliamentary seat, the MDP has won two council seats, and Jumhoree Party (JP) has won one parliamentary seat.

There have been no significant issues reported in any of the elections, all passing peacefully and without incident. Elections Commissioner Fuad Thaufeeq was confident that any complaints that had been received have been investigated properly.

Looking back over the past six polls, Thaufiq was happy that the commission had performed adequately.

Speaking prior to the Parliamentary elections on April 14, following criticism of the commission from state minister Dunya Maumoon, Thaufeeq expressed confidence that the commission was able to “organise any election mandated by law – whether it is a presidential election, referendum, or by-election.”

The electoral victory is the second success this month for the party of former President Maumoon Gayoom. The party gained its first official seat in the People’s Majlis on April 14th when Ahmed Shareef beat his MDP opposition in the Thimirafushi parliamentary by-election.

This prompted the government to claim that the success of its supporting parties ought to be interpreted as a mandate for the completion of the current presidential term into 2013.

The MDP, which has now lost four of the six seats it has contested in local elections since March, interpreted these polls differently, seeing them as proof that the country is ready for national presidential elections.

Previously, the party’s supporters in the Majlis were officially classed as independents with the party only having been formed in October 2011. The PPM also won a seat on the Thaa Gaadhifushi council in a poll taken on the same day as the parliamentary votes.

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MDP women’s wing protest in Male’ as party awaits CMAG outcome

The Maldivian Democratic Party (MDP) has claimed that the momentum behind an ongoing series of protests against the government of President Mohamed Waheed Hassan remains undiminished as its supporters await the outcome of increased Commonwealth pressure on the new administration.

In the latest round of protests yesterday, the party estimates that 6,000 people took part in a peaceful march around the capital passing several major streets and landmarks such as Majeedhee Magu, Sosun Magu, the People’s Majlis and Fareedhee Magu before returning to the party’s protest area. Police confirmed to Minivan News that no major disturbances or arrests were made by its officers during the march, which began yesterday afternoon at 4.00pm.

The government has responded that yesterday’s demonstration was not an official protest called by the MDP and instead represented followers of former President Mohamed Nasheed – who is affiliated with the party. The government said that the demonstration was not therefore seen as a “major issue”.

Since the controversial transfer of power in February that saw President Waheed succeed Mohamed Nasheed in office, MDP supporters have been linked with both peaceful protest action and violent clashes against police over claims security forces had been part of an alleged “coup d’etat” to remove Nasheed from office.

MDP Women’s Wing spokesperson Aishath Aniya told Miniva News that yesterday’s march, which began from the Usfangandu area, was devised to call on the government to take heed of the Commonwealth’s calls for early elections this year. The demonstration’s organisers have said that protesters also called on the president to consider the ramifications of potential expulsion from the Commonwealth unless a more “credible” and “impartial” commission is established to review the circumstances that brought the government to power earlier this year.

“While we can’t say what exact economic impacts there will be. We will lose participation in many scholarships, art and development projects if the Commonwealth removes us,” she said. “We have been in the Commonwealth for over 29 years and have been offered many opportunities internationally such as participation in the Commonwealth Games.”

While the number of participants attending yesterday’s march was reportedly down from those taking part in a similar protest held in the capital last week, Aniya said she believed that the number of anti-government protesters had remained consistent.

“I don’t see the numbers of protesters decreasing, though [turnout] does depend on the time and place of demonstrations,” she said. “We would obviously get a lot less protesters during school hours.”

Aniya claimed that from her experience, during instances where former President Mohamed Nasheed was in attendance, larger numbers of people had been found to attend demonstrations.

The Women’s Wing spokesperson added that there was “tremendous pressure” among its members at the moment to mobilise demonstrations at various events attended by the new president around the capital and the wider country.

“We are informed that our members often wish to be there to protest and shout Baghee Waheed [at the president],” she said.

Aniya said she was unable at present though to disclose any future dates or plans for protests of which a “huge number” of people were wanting to take part.

“ We have to be careful though as many people are sitting their A-level examinations right now, we don’t want to be encouraging large amounts of noise that may disturb them. We also do not want people getting arrested or injured by police,” she claimed. “We have two weeks left before the next Commonwealth Ministerial Action Group (CMAG) review. I’m sure there will be more protests before this, but we don’t want to disclose the frequency of them.”

After several demonstrations have been conducted in the capital during the last two weeks, Police spokesperson Sub-Inspector Hassan Haneef said that there had been “no problems” regarding disturbances or arrests during yesterday’s demonstrations.

Despite recent allegations of violent provocation by both police and civilians against each other, Aniya claimed that the MDP has always been a proponent for peaceful protesting and demonstrations.

“One thing you will see is that the MDP do not provoke police,” she said.

Aniya added that the party continued to allege that police had abused their powers in certain cases over the last few months in regards to the treatment of anti-government protesters.  However, she believed increased international pressure on the government had appeared to ensure demonstrations were conducted much more peacefully.

“We protest as peacefully as we can, mostly by trying to stay away from police as much as possible. The High Court has also outlined where we cant assemble, so we walk around these areas instead,” she said.

Aniya alleged that previous reports of anti-government protesters violently attacking police and throwing projectiles had been the result of government aligned parties using young people to infiltrate MDP’s protests.  It was these infiltrators, she claimed, that were often responsible for violent acts that provoked police to use force against them.

Aniya accepted that police officers in the present political environment were often put in a “very difficult” situation due to allegations that some key figures in the service had involvement in deposing former President Nasheed in the run up to his controversial “resignation”.

President’s Office spokesperson Abbas Adil Riza told Minivan News that from a government perspective, recent demonstrations like yesterday’s march were not a serious issue for President Waheed as they did not officially represent the wider views of the now opposition MDP.

“The protests were themselves called by former President Nasheed and are not an issue for us. Any MDP protests should be called from the party’s national council representation,” he said.

Minivan News also questioned the President’s Office on the reportedly peaceful nature of the recent demonstrations.  Abbas responded that the lack of clashes with police appeared to show that the party had begun to move away from “violent factions” in its organisation that he claimed were linked to the former president.

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Vice-Presidential nominee Waheed Deen approved by Majlis

The People’s Majlis today approved the appointment of Vice President Mohamed Waheed Deen as well as 14 cabinet ministers nominated by President Dr Mohamed Waheed Hassan.

The Maldivian Democractic Party (MDP) chose to boycott the session en masse, although one of the group’s MPs, Shifag Mufeed, was in attendance and voted to approve the appointments.

Waheed was later sworn in as the Vice President at a ceremony held at the President’s office. Following the ceremony, Waheed and President Dr Mohamed Waheed Hassan Manik met with the press.

The new Vice President observed that the Maldives is today witnessing the “politically most upsetting days” the country has ever seen and that he was honoured to have been selected to serve in the national reconciliation process.

“I have accepted the post because I want serve the nation and people. While I serve the people, there will be no discrimination between colors [political parties],” Waheed noted.

Speaking before today’s approval process, MDP spokesman Hamed Abdul Ghafoor said that the voting would determine those who were legitimising the coup and those who were not.

The appointees, requiring only a majority for parliamentary approval, received universal support from the quorum of 45 MPs. The MDP currently holds 32 out of the chamber’s 77 seats.

MDP parliamentary group (PG) leader Ibrahim ‘Ibu’ Mohamed Solih told reporters at a press conference on Tuesday: “We continue to believe the transfer of power occurred through a coup d’état. We do not believe any cabinet Dr Waheed appoints to be lawful. Therefore we believe the sitting scheduled to approve such a cabinet is also an unlawful sitting.”

The MDP released a statement today, before the vote was held, calling on the speaker of the house Abdulla Shahid not to table the endorsements before changes were made to the Committee of National Inquiry (CNI) in line with recent calls from the Commonwealth Ministerial Action Group (CMAG).

No Confidence

The MDP last week submitted a motion of no-confidence in the Speaker Shahid, arguing that he had been making decisions without adequately consulting all relevant parties and had been acting beyond his remit.

Speaking after an MDP protest march over the weekend that stopped for a time outside the speakers house to call for his resignation, former Tourism Minister Mariyam Zulfa explained the MDPs dissatisfaction with Shahid’s failure to take a leading role in calling for fresh elections.

“We have been very patient [with Shahid]. Now, instead of asking him for his leadership, we are asking him to resign,” said Zulfa.

Zulfa cited the example of the Speaker of Parliament in Mali who is currently in the process of organising fresh elections in the African nation.

The MDP has repeatedly challenged the legitimacy of Waheed’s presidency since he assumed office following the resignation of former President Mohamed Nasheed.

In the absence of an approved Vice President, the speaker of the house is constitutionaly mandated to act as next in line. This would then have automatically triggered a presidential elections within 60 days. After today’s approval, the Vice President becomes next in the line of succession, claimed Dr Waheed’s spokesperson Abbas Adil Riza.

President Waheed has stated that he would resign should an independent inquiry find February’s transfer of power to have been illegitimate.

Waheed’s CNI was established to do just that but has since come under fire from the MDP, the Commonwealth, and Maldivian civil society groups for its apparent lack of impartiality. The Commonwealth Ministerial Action Group (CMAG) last week issued a strongly worded statement warning of serious repercussions should the government not reform the CNI by the middle of next month.

Crossing the party line

Shifag, the solo MDP representative in Majlis today, has already spoken out against the official party line this week according to local media, criticising the party’s calls for early elections in yesterday’s session.

He is reported to have said that an amendment to article 125 (c) of the constitution was needed. The article states that “Where fresh presidential elections have to be held for any reason during the currency of an ongoing presidential term, persons elected to the office of the President or the Vice President shall only continue in office for the remainder of the ongoing presidential term.”

Shifag was also reported to have criticised the failure of political parties to cooperate in order to resolve the current political crisis, including the MDP.

“Because the party Interim Chairperson Moosa Manik could not clarify the events of the day to us as told by President Nasheed from the first day, the public is in a state of confusion. Investigations have to be conducted into how the government changed… For example, Alhan Fahmy submitting a case to the Parliament Committee – this is one way to do it. But we turned our backs on that proposition. Our intentions are therefore questionable,” Sun Online reports Shifag as having told the Majlis.

MDP spokesman Hamed Abdul Ghafoor said today the Shifag “has not been towing the party line recently.”

Regarding Shifag’s votes in favour of the president’s appointees today, Ghafoor said: “There will be ramifications, you can’t break a three-line whip. The party will have to know why.”

Again, at today’s session, Shifag was reported by local media to have criticised his party. This time he questioned the failure of the MDP to conduct its own investigation into the events of February 7.

A coalition of Maldivian civil society groups working under the banner ‘Thinvana Adu’, meaning ‘Third Voice’, similary urged political groups in the country to continue dialogue “without preconditions”. The group also focussed on the need to make steps to legitimise the CNI.

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Civil Court restarts MDP ‘Justice Square’ case

The Civil Court has yesterday reinstated a  suit filed in the court by Maldivian Democratic Party (MDP) against the Maldives Police Service regarding its dismantling of MDP’s protest site at the tsunami monument.

The case was initially presented to the court by MDP Chairperson ‘Reeko’ Moosa Manik, whom the court deemed did not have the authority to file cases on behalf of the party.

The case was filed this time by the party’s president, Dr Ibrahim Didi, who was the Fisheries and Agriculture Minister under the former government. Judge Aisha Shujoon was the presiding judge in the first hearing, while Civil Court Judge Hathif Hilmee presided over the second.

In yesterday’s hearing MDP requested the court declare that the MDP had the right to protest near the surf break and to stop police actions that would halt MDP activities in the area. The party furthermore requested that the court order police to return everything confiscated from the area.

The first case was thrown out with the declaration that the acting chairperson could not file cases in the court on behalf of the party. The case was nearly at an end when the decision was made.

Police and MNDF dismantled the MDP camp site – dubbed ‘Justice Square’ by MDP supporters – on March 19. The move followed violent protests in Male’ during which police officers used rubber bullets and other less-lethal weapons to control protesters.

The last time the case was presented MDP lawyer Hisan Hassan told the court that police could only search the area with the presence of MDP senior persons, and that MDP wanted to clarify why the area was destroyed.

Hisan also told the judge that police did not even have a list of items they confiscated from the area.

In response the state attorney Ahmed Usham told the court that the area was dismantled because the protesters threw bricks at the security forces, and that the dismantling of the protest was not an action that was taken to narrow freedom of speech.

Usham also said that alcohol and items “used to conduct sexual activities” were discovered in the area, and that those were items disallowed under Islamic Sharia.

The state attorney claimed knives and sharpened iron bars and other materials were also found and alleged that MDP protesters had been attacking police officers that went there to investigate violence that had occurred in the area.

Usham claimed that people gathered in the area had been using filthy words to speak and had been encouraging violence.

He also alleged the education of children living in the area had been affected and that their rights had been violated.

‘’Maldives Police Services and MNDF officers blockaded, occupied and dismantled Justice Square, at south east side of Male’ where the Maldivian Democratic Party has organised peaceful, pro-democracy rallies since the first democratically elected Government was ousted on February 7 in a military and police backed coup,’’ the MDP said in a statement issued at the time.

After the police and MNDF dismantled the area, Male’ City Council granted the ‘Usfasgandu’ area for MDP to hold their protests.

Male City Council Deputy Mayor Ahmed Falah told Minivan News at the time that the land was given to MDP because “terrorists” had attacked the Justice Square.

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Ports staff allege suspension for political activities

Seven staff at the Maldives Ports Ltd (MPL) were suspended from their jobs at the state company for participating in protests held by ousted Maldivian Democratic Party’s (MDP), a source in the company has confirmed.

Six of the staff have returned to work, while 40 year-old laborer Nizam Abdulla remains suspended.

MPL officials told Nizam they had pictures of him protesting and causing damage to state property outside President Dr Mohamed Waheed Hassan’s residence of Hilaaleege, and told him he was suspended for violating the company’s code of conduct. He was then asked to write a letter of apology to the company’s new assistant CEO, Ahmed Faiz.

Nizam described himself as a prominent MDP activist, but denied being present during MDP protests at Hilaaleege. Further, he said he had attended MDP’s protests while on annual leave.

The MDP alleges President Waheed came to power through a coup d’état on February 7 and are holding daily protests calling for fresh elections.

“I was on holiday. I was not in uniform, I was not on duty. I have the right to go wherever I want and I have the right to express myself. They are doing this to me because I support the MDP,” he said.

The father of four children said he is yet to receive any official communication regarding his suspension, and does not know how long the suspension is to last.

MPL Media Coordinator Ibrahim Rilwan confirmed Nizam’s suspension, but said he did not know the specifics regarding the case. The code of conduct does not prohibit participation in political activities, but staff can be disciplined if they transgress good behavioral norms, he added.

The Maldives Ports Ltd manages Malé city’s sea port and is a state owned company. The Supreme Court in August 2011 struck down a clause in the Civil Service Act banning civil servants from participating in political activities, stating the clause infringed upon citizen’s right to participate in political activities as enshrined in the constitution.

“What right does MPL have?”

When Nizam returned to work on April 23, after a month on annual leave, two guards escorted him off the ship he was working on.

“They told me I was not allowed on the office premises any longer. There was a picture of me in the guard house. The next day, my cards were deactivated and I can’t enter the office now,” Nizam told Minivan News.

He is unable to file a complaint with the Labor Tribunal which oversees Employment Act violations because he does not have any official communication regarding his suspension yet.

Nizam said he had been told over the phone not to return to work while he was on annual leave. “There was no warning. I do not see a phone call as a warning,” he said.

“I don’t know what to do,” he said. “This doesn’t just affect me, it affects my wife and four children. What right does MPL have to do this to me?”

Nizam has been working at MPL for six years now.

MPL’s spokesperson Rilwan said the company has asked staff not to participate in political activities while in uniform and on duty. However, the code of conduct does not forbid participation in politics, and no staff have been disciplined for political activities yet, Rilwan claimed.

“The code of conduct says disciplinary measures can be taken against staff if a member of the staff violate norms of good behavior within and outside the office, but I do not know if this is the case with Nizam,” Rilwan said.

“We are not MPL slaves”

An MPL staff member who wished to remain anonymous said a further six staff at MPL were also suspended for two days in March following MDP’s March 19 protests which sought to obstruct President Waheed from addressing parliament’s opening session.

“MPL senior officials want to make sure their staff do not attend protests. Nizam’s suspension is intended as a warning to everyone else,” he told Minivan News.

“We are not MPL’s slaves. The constitution guarantees us freedom of expression. We have the right to go wherever we want and express ourselves when we are not in uniform on duty,” he added.

Another staff, who also wished to remain anonymous, said he too had been warned by his directors not to attend MDP protests. Furthermore, he said he has not yet seen the company’s code of conduct.

“They do not share the code of conduct when they recruit you. I have not seen this, I don’t think anyone has. I don’t even know what it says,” he said.

“A lot of MPL staff are MDP supporters. So the senior staff send people to MDP protests to monitor and take pictures of who attends. The whole point of this is intimidation,” he said.

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MDP to boycott Majlis sitting to approve VP, cabinet nominees

Ousted Maldivian Democratic Party (MDP) has said it will boycott Wednesday’s Majlis sitting scheduled to approve President Dr Mohamed Waheed Hassan’s vice-president nominee and 14 member cabinet.

The MDP alleges President Waheed came to power through a coup d’état, and has called for fresh elections and an independent investigation into the transfer of power on February 7.

“We continue to believe the transfer of power occurred through a coup d’état. We do not believe any cabinet Dr Waheed appoints to be lawful. Therefore we believe the sitting scheduled to approve such a cabinet is also an unlawful sitting,” MDP parliamentary group (PG) leader Ibrahim ‘Ibu’ Mohamed Solih told reporters at a press conference on Tuesday.

The MDP had sent a letter requesting cabinet approval be postponed to a later date, but did not receive a reply, Ibu said.

MDP deputy PG leader Ali Waheed said the decision to boycott Wednesday’s sitting was “not defeat,” but a “courageous decision.”

He also said the Speaker could not schedule approval for the cabinet until an independent investigation into the transfer of power is complete.

President Waheed has set up a three member Committee of National Inquiry (CNI), but the commission has come under fire from international bodies such as the Commonwealth, the MDP and local civil society group for lack of independence.

MP ‘Reeko’ Moosa Manik said the establishment of the CNI was proof that President Waheed himself questioned the legitimacy of his administration. Further, even if the cabinet nominees were approved, Waheed’s administration could not submit bills as Waheed’s Gaumee Ithihad (GI) does not have representation in the Majlis.

Article 71 of the parliamentary rules of procedure states the government can only submit bills, including tax bills, to the parliament through the party it represents.

The MDP also sought to obstruct Waheed from addressing parliament on March 1 and March 19. Waheed only managed to deliver a shortened version of the presidential address amidst loud heckling by MDP MPs in the Majlis chamber while MDP supporters and police clashed violently outside. During the speech an MP held up a placard declaring Waheed a ‘coup boss’.

Meanwhile, the MDP has also tabled a no-confidence motion against speaker Abdulla Shahid claiming the speaker follows the house rules at his discretion and does not seek advice from political parties when making major decisions.

In response, Shahid has said: “I was elected as Speaker through a parliamentary majority. Since then, I have upheld and in the future will continue to uphold the Constitution and laws of the Maldives and the Parliament’s regulations.”

The MDP commands 32 of the 77 seats in parliament.

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PPM’s Abdulla Yameen takes up parliament minority leader role

Progressive Party of Maldives (PPM) Parliamentary Group Leader Abdulla Yameen has been confirmed as the minority leader of the People’s Majlis this morning by Speaker Abdulla Shahid, local media has reported.

With the PPM now recognised an an official party in parliament following the election of MP Ahmed Shareef to the Thimarafushi constituency last week, the former opposition party now holds the second highest number of MPs in the Majlis.  The PPM presently has 17 MPs, placing it behind only the Maldivian Democratic Party (MDP) in terms of the size of its parliamentary representation.

The majority leader within the Majlis remains the MDP Parliamentary Group chief Ibrahim ‘Ibu’ Solih.

In discussing the new formation of parliament, Speaker Shahid confirmed that the MDP presently holds 32 MPs in the Majlis chamber, while PPM holds 17 elected representatives, according to Haveeru. The Dhivehi Rayyithunge Party (DRP), which formerly held the minority leadership position, presently holds 15 MPs and the Jumhoory Party (JP) has three elected parliamentary members. The People’s Alliance (PA) has two MPs and the Dhivehi Qaumee Party (DQP) presently has a single elected representative in the Majlis.

Speaking in the Majlis today, Abdulla Shahid also confirmed that seven MPs currently stood as independents.

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Commonwealth reiterates call for 2012 elections; government says July 2013

The Commonwealth has reiterated its call for early presidential elections in the Maldives before 2013, but said it will only consider “stronger measures” against the Maldives government should the administration fail to establish a “credible” independent Commission of National Inquiry (CNI).

President Mohamed Waheed Hassan last week responded that “early” elections would be held in July 2013, the earliest possible date allowed under the constitution, and pledged to continue working with the Commonwealth nonetheless.

Commonwealth Ministerial Action Group (CMAG) has warned it would take “stronger measures” against the Maldives government – which could potentially include suspension from the body – should the CNI’s composition and mandate not be amended within four weeks. CMAG also stressed that it saw ongoing talks between “senior” political representatives and early elections as the best way forward to maintain the country’s democratic transition.

The CNI was itself formed by Dr Waheed to independently verify the legitimacy of February’s transfer of power and the legality of his tenure as president, both of which are contested by the ousted Maldivian Democratic Party (MDP). The MDP contends that the CNI is stacked with supporters of former President Maumoon Abdul Gayoom, the country’s autocratic leader of 30 years who was displaced by Nasheed.

In a statement yesterday, the President’s Office claimed that the coalition parties making up Dr Waheed’s “national unity government” were all in support of elections being held in July 2013.

“The CMAG’s primary mandate is to defend the Constitutions of the Commonwealth member states, and the Maldivian Constitution is very clear on when Presidential elections can be held.  The government is confident that once the CMAG is fully aware of this, they will come out in support of July 2013 elections,” the statement read, also criticising the now opposition Maldivian Democratic Party (MDP) for demanding early polls.

“The MDP’s advocacy for elections earlier than July 2013 merely serves to highlight the persistent constitutional violations of the previous administration.”

The now opposition MDP, which maintains that Waheed was brought to power in a “coup d’etat”, has contended that elections could be held within several months should Waheed resign and hand his powers to Parliamentary Speaker Abdulla Shahid.

Under the constitution should Waheed resign, the Speaker would run an interim government for  maximum of 60 days followed by a presidential polls. Earlier, Waheed’s government disputed the “conditions” for an early election, on the basis of high political tensions, economic viability, capacity of the elections commission, and weak state of the judiciary.

The United States has since pledged US$500,000 in technical assistance for elections, to be made available from July 2012.

Several parliamentary by-elections were also held last weekend, in which candidates from pro-government parties came to power in the Thimarafushi and Kaashidhoo constituencies.

“Stronger measures”

The exact nature of the “stronger measures” that could be taken against the Maldives remains vague, but could include suspension from the group. Fiji – another island nation – was expelled by the Commonwealth in 2006 following a military coup. The Maldives has meanwhile been suspended from participation on CMAG.

“Each country situation that CMAG has considered in the past has had its own particular characteristics. It would not be fair to compare one situation against the other,” said Commonwealth Secretariat Spokesperson Richard Uku.

“CMAG has always sought to engage constructively with member states, and the Maldives is no exception. We would not like to speculate about what ‘stronger measures’ might be considered by CMAG if warranted, but a range of options is available to CMAG, including suspension from the Councils of the Commonwealth.”

Former High Commissioner Dr Farahanaz Faizal, who attended the CMAG meeting, has previously said that the nature of the “stronger measures” proposed against the government could potentially have serious ramifications for the Maldives ongoing membership in the Commonwealth.

Though she was not present herself at the time, Dr Faizal was led to understand that, when questioned about the possible nature of further action against the government, the meeting’s chair suggested that suspension of the Maldives from the Commonwealth would be pursued if concerns over the CNI were not met.

Despite having previously accused the Commonwealth of showing “bias” towards the MDP in calling for early elections, the government has said it remains committed to being a member of the Commonwealth.

“We wish to continue to be members in the organisation, but we only would do so under the regulations of our constitution,” President’s Office spokesperson Abbas Adil Riza said earlier this week.

Asked at the time if he was confident the government could satisfy the calls from CMAG relating to the impartiality of the CNI, Abbas again said that it would first be important to clarify what exactly was expected of President Waheed’s administration.

Ahmed Thasmeen Ali, leader of the government-aligned Dhivehi Rayyithunge Party (DRP), reportedly criticised CMAG’s investigation this week as being “incomplete” and “failing to address the views of the Maldivian people”.

Commonwealth obligations

Secretariat Spokesperson Uku claimed that the organisation’s “experience” had shown no member state wished to be placed in such a situation as to be suspended from the group.

“Commonwealth membership carries political, economic and social benefits for member states and is valued by our member states. It also carries obligations about adhering to certain fundamental political values,” he said.

“Suspension from the councils of the Commonwealth has practical ramifications in terms of a member state being excluded from official Commonwealth meetings at various levels and being barred from receiving new technical assistance in many areas.”

EU backing

Representing 54 nations, the Commonwealth’s stance on the Maldives is a bellweather for the rest of the international community. The European Union told Minivan News this week that it continued to back CMAG and its Special Envoy Sir Donald Mckinnon in pursuing early elections and an independent inquiry.

An EU spokesperson said that considering the Maldives’ recent political upheaval, it was working with the Commonwealth and UN over issues such as judicial reform. The issue of judicial reform was initially raised by former President Mohamed Nasheed, and ultimately led to his detention of Chief Criminal Court Judge Abdulla Mohamed, who Nasheed’s government alleged “held the entire criminal justice system in his fist”.

The EU spokesperson claimed that discussions on judicial matters had already been held with the Maldives minister of State for Foreign Affairs, adding that the country had also reportedly asked for Commonwealth assistance.

Former President Nasheed came under international scrutiny for detaining Criminal Court Chief Judge Abdulla Mohamed in the run up to his controversial resignation on Febraury 7 – a resignation he subsequently said was made under “duress”.

The former government detained the judge, who stands accused of several charges of misconduct, on suspicion that he was abusing his position and acting as a threat to national security. Nasheed’s government sought to resolve the impasse by appealing for help from the international community.

In a recent interview Nasheed told Time magazine that he believed the international community had been “very late” in providing meaningful assistance in assisting with the crisis.

Responding to the claims, the EU spokesperson said that the organisation had been approached “only a few days” before Feb 7 to provide assistance.

“Events then overtook Nasheed’s request,” the spokesperson said.

Government supporters are now pushing for Nasheed to face criminal charges for the arrest of the judge, which would potentially scuttle his election campaign.

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