Mixed political responses as PPM becomes minority party in Majlis

Ahmed Shareef of the Progressive Party of the Maldives (PPM ) was sworn in as MP for Thimarafushi on Wednesday, enabling former President Maumoon Abdul Gayoom’s party to achieve official recognition in the 77 seat parliament as the minority leadership.

Since its formation as a party in October 2011, PPM MPs have been required to stand as independent members in the Majlis chamber.

This requirement is based on parliament regulations that refuses a political party official representation in the People’s Majlis until one of its members contests and wins an election. PPM MPs had been previously elected to their respective seats in 2009 under a Dhivehi Rayyithunge Party (DRP) ticket.

Following the oath-taking ceremony yesterday, Shareef attended his first parliamentary session as an MP to speak on the amendment proposed to the Decentralisation Act.

Shareef won the Thimarafushi seat in a by-election this weekend against Mohamed Musthafa, a Maldivian Democratic Party (MDP) member who had previously held the seat. Musthafa was disqualified by the Supreme Court in February over decreed debt.

Jumhoory Party (JP) Deputy Leader Abdullah Jabir, who had won the Kashidhoo constituency’s by-election is expected to be sworn in today, raising the number of JP representatives in the parliament
to three.

Local media has reported that 44 MPs representing the PPM, DRP, JP and Dhivehi Qaumee Party (DQP), alongside several independent members, have now pledged allegiance to President Mohamed Waheed Hassan’s national unity government.

PPM representation

The DRP was the first official party registered by Maumoon Abdul Gayoom before he announced his resignation from politics in February 2010. After his resignation, Gayoom became the party’s “honorary leader”.

However, Gayoom last year became increasingly politically active and later fell out with his anointed replacement, Ahmed Thasmeen Ali in a public war of words.

This dispute led the former president to form the PPM after an acrimonious split. Several then-DRP MPs loyal to Gayoom and his half brother Abdullah Yameen’s People’s Alliance (PA) party then joined the PPM.

While Shareef’s victory has enabled the PPM to achieve official representation in the People’s Majlis, the party also stands to gain the minority leadership in parliament with a total of 17 members.

The DRP, which formerly held the minority leadership position, presently holds 15 MPs, while the now opposition MDP holds the majority party status with a 32 member parliamentary group.

In this environment, PPM Parliamentary Group Leader Abdulla Yameen contended that the party would become the largest in the country. Yameen has said that “any seats that become vacant in the parliament will be won by PPM hereafter”.

“PPM will become the leading party in working for the people’s right without any personal agenda,” he claimed in a rally held Sunday on Guraidhoo Island to celebrate PPM’s by-election victory.

DRP response

Deputy Leader of the DRP parliamentary group, Dr. Abdullah Mausoom meanwhile has told Minivan News that the party welcomed the PPM’s entry as an official party into parliament, adding that its promotion to minority party leadership did not “bother” DRP members.

Parliament’s current minority leader is Ahmed Thasmeen Ali, but once the change is finalised, Yameen said is expected to take the position.

“We do note work in the parliament, debate or vote based on minority or majority party. We prioritize people and nation’s interests,” Mausoom observed.

He further claimed that there was now a great opportunity to “enrich parliament’s debates through a variety of arguments and dimensions.”

While the DRP stands to lose its minority leadership, the MDP is meanwhile pushing for a no confidence motion against Speaker Abdullah Shahid, a DRP MP.

However, Mausoom insists that the vote will not succeed, adding that the MDP was “mistaken to think” that they will secure enough votes to remove Shahid.

PPM’s spokesperson Ahmed Mahloof meanwhile has been reported as saying in the local media that he would “like very much to vote against Shahid”.

However, Mahloof stressed that the PPM would decide what action should be taken against the speaker through a parliamentary group meeting.  The PPM spokesperson said there were important issues to be addressed in relation to Shahid’s position. Mahloof  alleged additionally that the motion was an attempt by the MDP to fragment the pro-government coalition in which DRP and PPM members are at the forefront.  Several of the parties’ MPs currently serve as cabinet ministers.

Shahid has been target of no-confidence motions over the years, as various political parties have accused him of favouring other sides in the country’s highly partisan parliament.

“Witch hunt”

MDP spokesperson Hamid Abdul Ghafoor told Minivan News that the party accepted the “PPM as the new political reality” after years of facing the DRP as its major parliamentary opponent.

However, he noted that the PPM’s road to official representation in parliament and obtaining the minority leadership has been “aided through the February 7 coup.”  The MDP continues to allege that former President Mohamed Nasheed was forced to resign “under duress” on February 7.

Ghafoor claimed that the MDP was concerned that the “current government is on a political realignment witch hunt against its MPs to force them to cross party lines.”

“As you know there are MP’s with skeletons in their closets. These MPs will be the first to realign and we are already witnessing some two to three members within the MDP flirting with crossing party lines. They are not saying they will resign. But as you can see they are attending government ceremonies and showing support,” Ghafoor explained.

Ghafoor speculated that the country was witnessing a significant “political realignment”.

“We are seeing the tip of it. If it [new government] is allowed to entrench for longer, MDP will lose several political gains,” he said.

“The MDP government’s democratic reforms to decentralisation and social protection policies all are under attack and the country will fall back from the centre right policy into the elements of the old dictatorial regime.”

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Housing Ministry instructs MCC to vacate its offices at Huravee

Male’ City Council (MCC) has said it has today received a letter from the Housing Ministry requiring the body to vacate its offices based in the Huravee building by 3:00pm tomorrow.

Minister for Housing and Environment Dr Mohamed Muiz told the Haveeru newspaper that the council had been asked to vacate the offices in order to accommodate two new government ministries. He said that the work done by the MCC in these offices would be relocated to Male’ City Hall.

Minivan News was unable to reach the Dr Muiz for comment at the time of press.  However, Councillor Mohamed Abdul Kareem confirmed that the MCC had received the letter, which informed the council that its members were to be evicted from the offices which provide health services, trade, and registration services.

“The council has decided to make a public announcement saying that public services will be disrupted,” said Kareem.  “They [the Housing Ministry] are not obeying the law. They don’t want local government,” Kareem continued. “We have not yet decided to give over the property.”

A similar dispute between the municipal council and the Housing Ministry took place yesterday concerning control of the Dharubaaruge conference centre.  “They are not disturbing the MCC, they are not disturbing the Maldivian Democratic Party (MDP), they are disturbing the citizens of Male’,” Councillor Kareem claimed while discussing the two disputes.

Yesterday’s dispute arose after the Housing Ministry informed the MCC that its staff at Dharubaaruge were to be transferred to the Ministry of Housing and Environment.

This news prompted the MCC to lock the centre and send staff home for the day. Dr Mohamed Muiz described this action as “unlawful”.

Later in the day, Police were seen outside of the conference centre, where they drew the ire of MDP supporters gathered at a demonstration site set up at Usfangandu, an area of land adjacent to Dharubaaruge . Police Spokesman Hassan Haneef confirmed that three arrests had been made in the unrest that followed.

Earlier this month, the Housing Ministry informed the MCC that it intended to claim jurisdiction over Usfangandu, the site of the new MDP protest area. The ministry claimed that the use of the land for political activities was in contravention of regulations, a claim the MCC denied.

The MCC itself came into existence with the passing of the decentralisation act in 2010 under the administration of former President Mohamed Nasheed. The MCC consist of eleven councillors, nine of which belong to Nasheed’s MDP.

Sun Online has today reported that the MCC has filed a suit that disputes the legitimacy of the letter sent from the Housing Ministry regarding the transfer of staff at Dharubaaruge.

The Chairman of the Civil Service Commission (CSC) yesterday stated that “institutions and land belonging to central government can be changed by cabinet decision according to the rules.”

Decentralisation

Local media has since reported that the decentralisation bill itself came under scrutiny in the People’s Majlis yesterday.

Haveeru reported that MPs argued that the act needed root and branch reform rather than “piecemeal amendments” that had been presented before the parliament in order to make any changes more suitable to the country.

Sun Online reported on the same debate, covering the comments of Ahmed Siyam, who argued that the current constitutional set up of the nation would lead to financial disaster for the country.

“I think, unless we revise the laws, and especially the constitution, within the next two or three years, our economy will be completely destroyed. Our country will be left in poverty. Even if we look at this Parliament – it’s larger than any other Parliament in the world, and the government structure is top-heavy. Our economy is not able to survive on its income due to money not being used in the most optimal manner,” Shiyam is reported to have said.

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Pro-MDP Facebook group alleges police intimidation

Administrators of a Maldivian Democratic Party (MDP) aligned Facebook group called “Kula Yellow” have claimed they have been “threatened” by police over their page’s content.  Police officials have denied the accusations.

The Kula Yellow Facebook page, which at the time of press has just under 14,000 likes on the hugely popular social networking site, collects images, videos and other information relating to the opposition party and its work.

However, in a written statement issued today on the site, Kula Yellow’s administration team alleged that “police intelligence” had accused the page of being linked to “violence”, whilst also pledging to “crush” the site.

The alleged threat was also claimed to conclude with a warning that law enforcement officials would continue to be monitoring the page.

Kuda Yellow responded in the statement that police had no right to accuse the page or its administrators of being linked to violent crime.

‘’Arrest one of us. Two more appear. You cannot arrest an idea,’’ the statement said referring to the alleged police threats.

Kula Yellow’s Facebook page so far has more than 13,000 fans, who are said to represent mostly young Maldivians that oppose the current government and support the MDP’s demands for early elections.

However, the Maldives Police Service has denied that it was focusing on, or investigating the Kula Yellow page and its administrators.

Sub-Inspector Hassan Haneef said there had so far been no complaints filed against the Facebook page Kula Yellow and added that police were not investigating anything related to the page.

The police official declined to respond when asked about whether law enforcement officials were concerned over the potential role that social media sites such as Facebook and Twitter were playing in organising both recent peaceful protests and violent unrest between its officers and civilians.

A member of the Kula Yellow team speaking to Minivan News today on condition of anonymity claimed its members had been receiving several death threats and abusive messages over the past few weeks.

”But last night one of us received a text message, the contact number appears as ‘Police Intel’ and the message said that they are watching over Kula Yellow’s actions and they will ‘crush’ you,” the source said.

The source added that the Kula Yellow team last night met with some  senior officials of the MDP to inform the party about their concerns.

”Police officers followed us when we left home after the meeting, we noticed their actions and realized that they have been haunting us,” he claimed.

The spokesperson additionally expressed concern that the phone interview given to Minivan News, as well as other incoming and outgoing calls to his mobile were being listened to by police.

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MDP Parliamentarians submit no-confidence motion against Speaker Shahid

The Maldivian Democratic Party (MDP) Parliamentary Group has today passed a no-confidence motion against Abdulla Shahid, Speaker of the People’s Majlis.

The now opposition party said it had moved to pass the current no-confidence motion against Speaker Shahid over allegations that he had been making decisions relating to significant parliamentary issues without discussing them with various political parties.

The party claimed that Shahid had been acting outside of his mandate by deciding to suspend certain parliament regulations, whilst opting to follow others that were to his personal benefit.  The MDP allege the speaker had been doing this without discussing his decisions among any political parties represented inside parliament.

From within the MDP Parliamentary Group, 27 members out of a total of 32 belonging to the group are said to have signed the no-confidence motion.  The party claimed that its members who did not sign the motion had been unavailable to do so at present.

Progressive Party of the Maldives (PPM) MP Ahmed Mahloof could not be contacted at the time of going to press regarding his party’s response to the motion.

Speaker Shahid told Minivan News today that parliament had received the no-confidence motion, though he did not wish to elaborate further at the present time.

‘’I will issue a written statement tomorrow,’’ he said. ‘’I have decided not to say anything before that.’’

The MDP previously called for a no-confidence motion against the Speaker in March 2010, accusing him of siding with the then-opposition parties.

In January last year, there were widespread rumors that MDP, the People’s Alliance Party (PA) and the Dhivehi Rayyithunge Party (DRP) were planning to forward a no-confidence motion against the speaker.

However, all the parties denied such a collaboration at the time and a no-confidence motion was not forwarded to the parliament.

DRP Parliamentary Group Leader and MP Dr Abdulla Mausoom did not respond to Minivan News at time of press.

Dr Mausoom has today told the local press that he will make sure the no-confidence motion against Speaker fails in parliament.

He also said there might be a chance that MDP has sided with some of the independent MPs in parliament to pass the no-confidence motion.

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Government rules out 2012 presidential vote on the back of by-election “Mandate”

The government has said that victory yesterday for its coalition partners in two parliamentary by-elections is a clear indication of its “mandate” amongst the Maldivian people to remain in power until 2013, despite continued local and international calls for early elections.

Following the weekend’s elections, government spokesman Abbas Adil Riza today called on international bodies to take the results of the polls into consideration when reflecting on the need for fresh national polls.

Amidst mostly peaceful voting, official provisional results from the country’s Elections Commission showed that Ahmed Shareef of the Progressive Party of Maldives (PPM) and the Jumhoory Party’s (JP) Abdullah Jabir both beat ousted Maldivian Democratic Party (MDP) candidates to take seats in the People’s Majlis.

From a government perspective, Abbas claimed that the by-elections should be seen as a “vote of confidence” by the public in the national unity government made up of parties such as the JP, the PPM and the Dhivehi Rayyithunge Party (DRP).

However, the MDP maintained yesterday that the by-elections indicated that the country was able to hold “free and fair elections” as soon as possible.

“The MDP has consistently called for early presidential elections in the Maldives to resolve the political deadlock that exists since the unlawful transfer of power on February 7 following police and military backed coup in the Maldives,” stated MDP spokesperson Hamid Abdul Ghafoor .

“Elections today are held at a time when [former President Maumoon Abdul] Gayyoom has publicly stated early Presidential elections would not be held in the Maldives citing conditions for elections are not right and also that Elections Commission does not have the capacity to hold early elections in the Maldives.”

Public support

In addressing the MDP’s claims, government spokesperson Abbas believed the results of polling for the two parliamentary and two Island Council seats indicated public acceptance of President Waheed’s administration.

“It is clear that there is public support in the country for this government and that there are not any problems with its constitutional mandate to be in power. In three out of the four elections held, the coalition won by a clear majority,” said Abbas. “The MDP has continued to call for early elections, though yesterday’s elections show that the public backs the government until early elections can be held in July 2013.”

CMAG

Abbas’ comments were made as the Commonwealth Ministerial Action Group (CMAG), which was last month criticised by President Waheed’s government for showing “bias” in calling for early elections, is set to convene tomorrow.

The political situation in the Maldives since the transfer of power that bought President Waheed into office on February 7 will be a key topic of discussion for the tomorrow’s meeting. The CMAG panel meeting tomorrow comprises of foreign ministers from Australia, Bangladesh, Canada, Jamaica, Sierra Leone,Tanzania and Trinidad and Tobago.

Since CMAG made its original statement last month about the Maldives situation, the US and EU have also pledged to support the Commonwealth in working to facilitate fair, early elections.

Earlier this month, the US government pledged US$500,000 (Rf7.7 million) to help fund an elections program to assist Maldivian institutions in ensuring a free and fair presidential election.

In announcing the elections funding,Chargé d’Affaires of the US Embassy in Colombo Valerie Fowler said at the time that the US would “work with the Commonwealth to help the Maldives work through the current situation to elections”.

The US will lend any support, including technical assistance, to ensure the next presidential election in the Maldives is conducted “smoothly and observed the rule of law”, Fowler said.

“Through USAID we are in the process of starting an election programme that will assist Maldivian institutions in ensuring a free and fair presidential election. We have allocated US$500,000 to start that process and anticipate that we can begin as soon as July 2012.”

However, Fowler noted that the US believed there needed to be an “environment conducive to early elections”, an aim that could only be created through dialogue, as well as capacity building measures.

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President Waheed scores “first political win” with weekend’s polls, reports regional media

Regional media reports have begun to surface following the outcome of yesterday’s parliamentary by-elections in Kaashidhoo and Thimarafushi – interpreting poll results as a major victory for President Mohamed Waheed Hassan.

The Hindustan Times ran with the headline “Maldives bypolls: First political win for president”.  Meanwhile, the Pakistan-based Business Recorder described the president as having “successfully faced down his first popularity test.”

However, the Maldivian Democratic Party (MDP), which continues to question the legitimacy of Dr Waheed’s administration, has hit out at suggestions that the polls reflected widespread public support for the government.

As polling commenced yesterday, President Waheed’s own Gaumee Itihad Party (GIP) did not field any candidates for the by-elections. Instead, the president threw his support behind candidates from the former opposition Jumhoree Party (JP) and the Progressive Party of Maldives (PPM).

Official provisional results provided by the Elections Commission found that the PPM’s Ahmed Shareef won in the Thimarafushi constituency with 1756 votes (56 percent of the ballot).  MDP candidate Mohamed Musthafa came second with 1327 votes – a difference of 428.

Abdullah Jabir triumphed in the Kaashidhoo by-election with 1107 votes (54 percent of the ballot).  His MDP opponent followed him with 919 votes while PPM candidate Mohamed Waheed Ibrahim came fourth with nine votes – a single vote behind another candidate who had contested independently and came in third.

Both the PPM and JP form part of Waheed’s unity government, assembled after the resignation of former President Mohamed Nasheed.

Yesterday’s voting appeared to pass without significant incident, despite widespread concerns that violence could accompany the first parliamentary by-elections to be held since President Waheed came to power. However, the MDP candidate for Thimirafushi, Mohamed Mustafha, has disputed the result, citing significant irregularities surrounding polling in Thaa Atoll Guraidhoo.

Speaking to Minivan News today, MDP spokesperson Hamid Abdul Ghafoor alleged that election observers were obstructed from conducting their duties in Guraidhoo.  He also claimed that party observers had been arrested before the polls closed, allowing the ballots to be rigged by state representatives.

Police Spokesperson Hassan Haneef said the police had received no reports of any arrests or incidents in Guraidhoo. He also reported that there had been no unrest in either constituency after results were announced.

Election Commissioner Fuad Thaufeeq is reported in local media as having said that there were no concerns that would lead him to question the validity of the polls or their results.

In considering the by-election results, President’s Office spokesperson Abbas Adil Riza today said he believed the vote served as a ringing endorsement of the current government.  Abbas added that the ballots reflected “public confidence” in Dr Waheed’s administration,  as well providing a vital working majority in the Majlis.

Abbas also felt that Saturday’s success gave the government a clear signal that it has sufficient support to complete the full presidential term into 2013.

Alternatively, MDP spokesperson Ghafoor said that he saw the polls as “the price we have to pay for early elections – to show that the right conditions [for presidential elections] are here.”

Ghafoor argued that the by-elections were essentially a throw-back to the pre-2008 Gayoom-era, dismissing the interpretation that the result showed support for the current President.

“The intricacies of local elections have a long history of corruption. This [result] has nothing to do with Waheed, it’s Gayoom’s people,” he continued.

President Waheed last night thanked all those who voted in support of the national unity government via his official Twitter page: “Thanks to all who voted for Shareef and Jabir. We have a clear majority in Maldives parliament,” he wrote.

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PPM criticises MCC’s land allocation

The Progressive Party of the Maldives (PPM) had criticised the policies of Male’ City Council (MCC) over the allocation of land, arguing that the current policies are in violation of decentralisation laws.

The PPM claimed today that the Maldivian Democratic Party(MDP) have been granted land at surfer’s point an Usfangandi, whilst requests from other parties for space to use have been rejected, Haveeru has reported.

The MCC responded in local media that the land allocation complied with current regulations.

During the week it emerged that the Housing Ministry had issued a letter to the MCC informing them of their decision to take the Usfangandu area away from the Council’s control due to the continued political activity on the site. The MDP lease was due to run until the end of June.

The court case concerning the removal of the MDP from the surfer’s point area last month was dismissed this week after the judge ruled that MDP interim chairperon Moosa ‘Reeko’ Manik did not have the authority to submit the case on behalf of his party.

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Committee of National Inquiry cannot wait for international assistance: Shafeeu

Head of President Mohamed Waheed’s Committee of National Inquiry (CNI), Ismail Shafeeu, has said the committee cannot wait for international assistance as they proceed with an inquiry into the controversial transfer of power on February 7.

“Due to the nature and importance of this issue, I do not believe we can wait for assistance from the UN system or Commonwealth system or wait for a consultant to arrive. If Maldivian sources cannot fully answer the legal questions or other issues that arise, then we will discuss with foreign lawyers, pay them any required fees and proceed,” Shafeeu told local media on Thursday.

President Dr Mohamed Waheed Hassan charged the three member presidential commission with assessing the circumstances that led to Nasheed’s resignation and has asked the committee to publish its report by May 31. Nasheed alleged he was deposed in a coup d’état.

The Commonwealth, the EU and foreign governments including India and America have called for an impartial and independent investigation into the transfer of presidential power. The Commonwealth’s Ministerial Action Group (CMAG) has said it “strongly felt that there should be international participation in any investigative mechanism, as may be mutually agreed by political parties in Maldives.”

President Dr Waheed’s Spokesperson Abbas Adil Riza told Minivan News the government has now requested UN and Commonwealth assistance. “We believe we will get this assistance,” Riza said.

The CNI would decide on the extent to which international actors would participate in the inquiry, Riza said, but added that the government wants foreign expertise on formulating recommendations based on the CNI’s findings.

The ousted Malidivian Democratic Party (MDP) and local civil society groups have criticised the committee on its failure to solicit cross-party support regarding its composition. CNI head Shafeeu previously served as the Defense Minister under former president Maumoon Abdul Gayoom. Consequently, the MDP has said it does not recognise the CNI.

Speaking to Minivan News, Aiman Rasheed from Transparency Maldives said: “It is imperative that the CNI solicits international aid. When we met with the CNI previously they raised concerns over their capacity, especially in hiring a legal team. This is the first time this has happened in the Maldives, and there is much to learn from international experience.”

Approach Nasheed

According to the CNI’s mandate, the committee will not be conducting a criminal investigation. Speaking to local media on Thursday, the CNI said it had not yet interviewed any senior officials from Nasheed’s administration, but had conducted interviews with police and military officers.

The CNI website says it had spent 35 hours interviewing 37 individuals by April 3, almost two months after the change of government.

MDP lawyer Hisaan Hussein said CNI’s failure to interview former administration officials “raises questions over the kind of work the committee has been doing, especially given the amount of time that has passed now.”

The committee will approach former President Nasheed after conducting background research. “We will send a request [to see Nasheed] and see what happens then. We don’t think there is a reason for him not to give us information,” Shafeeu said.

Coup question

CNI Member Dr Ibrahim Yasir Ahmed said the committee will address whether the Nasheed had been ousted in a coup.

“We will answer everything we can based on the information we gather. We will hold debates on the question of whether it was a coup or not,” Yasir said.

The CNI was in the process of obtaining foreign legal assistance on the question, Yasir added.

Transparency Maldives’ Aiman Rasheed said the inquiry was “a stepping stone for national reconciliation. If this doesn’t work, we may end up in a more chaotic situation.”

MDP concerns

CNI Member Dr Ali Fawaz Shareef reiterated its call for MDP’s support in the inquiry process. Shareef said attempts to hold discussions with MDP were underway.

“MDP has publicly said they do not have confidence in this commission. Before we can proceed, we first have to know the details of their concerns,” Shareef said.

The MDP has released several statements outlining its concerns over the CNI.

“The Investigation team must include Maldivians who enjoy the trust of all parties as well as respected foreign experts. It must also have a mandate to look at events leading up to the resignation of President Nasheed as well as police brutality before and after the resignation,” a February 15 statement read.

Responding to the establishment of the CNI on February 22, the MDP said: “[The CNI] has been conceived and imposed by those parties allied to Dr. Waheed without any consultation with MDP. It does not include any eminent international experts. And the inclusion of individuals who held Cabinet posts during the autocratic government of former President Gayoom, including the appointment of a Chair – Mr Ismail Shafeeu – who had held various ministerial posts under former President Gayoom including the position of Defense Minister at a time of widespread human rights abuses in the country, suggests that no effort has been made to ensure independence and impartiality.”

As MDP and civil society concerns over the CNI remain unadressed, several MPs have now called for the investigation of the transfer of presidential power to be conducted through Majlis.

CMAG and the EU, among other international groups, have backed MDP’s calls for early elections in the Maldives.

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Government and courts block MDP gatherings, as freedom of assembly bill enters the house

Hours after the dismissal of  the MDP’s civil court case challenging last month’s dismantling of its protest camp at the tsunami monument by the police and military, the Housing Ministry had informed Male’ City Council (MCC) of its intention to remove the party from its new base at Usfangandu.

After more than two weeks of hearings, the Civil Court dismissed the case of the Maldivian Democratic Party (MDP) against the state.

The case was dismissed after court said that the party’s interim chairperson Moosa ‘Reeko’ Manik did not have the authority to file the case on behalf of the MDP.

Judge Aisha Shujon argued that the court could not verify whether an interim chairperson had been elected and so did not see sufficient grounds to continue with the case.

The initial legal arguments supporting the closure of the camp ranged from charges of illegal activities to claims that the land actually belonged to the Maldives National Defence Force (MNDF). The claim that the MCC did not have the right to lease the land for political purposes has resurfaced in the new challenge against the MDPs latest camp.

After a short media blackout following the security forces entering the camp at Lonuziaaraiy Kolhu, illicit items including alcohol and condoms were displayed to the media as evidence of nefarious activities.

A member of the MDP’s legal team Hissan Hussian said that the court had gone “beyond its jurisdiction” in questioning the internal processes used within the MDP to elect an interim chairperson.

“We argued that the MDP had passed a decree that allowed a person to act as interim chairman and submitted the minutes of the meeting to show that Moosa was nominated,” said Hissan.

“The [court’s] ruling said that these minutes needed certain formalities and so would not recognise them although the court did recognise that the voting took place,” she continued.

Hissan also pointed out the a previous higher court ruling stated that a case, once started, cannot be dismissed on a procedural issue that has no substantive bearing on the case.

The next hearing, scheduled for April 10, was expected to see both sides present their concluding statement.

The case has been re-submitted to the court with the signature of the MDP’s President, Dr Ibrahim Didi.

Haruge

Shortly after the dismantling of the original camp, the MDP began assembling only a few metres away at Usfasgandu. Crowds attempting to gather in the area behind Dharubaaruge were initially dispersed by police but a permanent stage has now been erected.

Protest marches and demonstrations have once again begun to emerged from the area. Two such marches last weekend, targeting the home of the President and a business belonging to the Vice President, started and finished at Usfangandu.

The MCC has today acknowledged the receipt of a letter from the Housing Ministry informing them that they have until Thursday to remove this new demonstration area.  The letter informs the MCC that if this does not happen, the land will be confiscated by the government.

The Council intends to challenge the government’s assertions that it has breached its regulations in leasing the land to the MDP for political activities. The current lease for the area was due to expire at the end of June.

Former advisor to President Mohamed Nasheed Ibrahim ‘Ibra’ Ismail described the dismissal of the court case “highly questionable”, and the threat to remove the MDP from another demonstration site as part of a wider move to stifle all political activity within the country.

“We are concerned about government institutions not working within the law… the courts don’t seem overly concerned,” said Ibra.

Freedom of Assembly

Independent MP Mohamed Nasheed last week submitted a Freedom of Assembly bill to the Parliament in an attempt to provide greater clarifications of the rights and responsibilities of both protesters and those policing them.

The most prominent instances of recent confrontations with the security forces have occurred when anti-government groups have attempted to breach the cordoned off area radiating from Republican square.

Breaches and attempted breaches of this zone have resulted in clashes with security forces, ranging from sit-down protests to the deployment of tear-gas, rubber bullets and high powered hoses.

Nasheed says the bill he is introducing is needed to replace the current regulations concerning freedom of assembly which pre-date the current constitution. These regulations are, he understands, currently the subject of a challenge via public petition in the High Court.

“Several parts [of the current regulations] can be challenged for their constitutionality. I am confident that the larger part of these rules will be null and void. They are obsolete.”

The proposed bill is based largely on the guidelines published in 2010 by the European advisory group on constitutional law, the Venice Commission (officially called the European Commission for Democracy Through Law). The guidelines argue that any restrictions to freedom of assembly must consider legality, necessity and proportionality.

The unusual nature of the country, he argued, requires that “absolute” restrictions on static protests remain around the state’s vital institutions, in particular those areas on Republican Square which affect the security forces’ ability to operationalise.  These require an area of 200ft to the front and 50ft to the side of police and military headquarters to be prohibited from static protests, such as sit-downs. Other military barracks require a protective zone of 50ft; other police facilities, 25ft.

The police protest on February 7 that led to the downfall of Nasheed’s government took place outside the MNDF’s headquarters.

Additionally, the bill suggests that a minimum distance of 25ft be kept from mosques, schools, hospitals, court buildings, the President’s Office, the President’s house, and from the Parliament. The proposed bill places no restrictions on moving protests.

The only time-based restritions are those that proscribing protests outside of an individual’s home after 10pm, and those that use loudspeakers after 8pm.

Nasheed was also keen to point out that this bill, and the timing of its submission, was unrelated to the current political situation. He stated that he had been working on the bill since 2010 and had completed a first draft last year.

He was realistic, however, about the difficulties the bill would face.

“People who are protesting will be unhappy with any restrictions… but they should respect the rights of others,” said Nasheed.

Due to the current pace of legislative activity, he said that the bill could take up to a year to be passed.

When asked about the likely success of the bill, he said: “I don’t anticipate anything. All I have done is taken the first step.”

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