Tag: minivan news

Suspension of democracy an assault on the Maldives’ fragile democracy: The Diplomat

The future of democracy on the archipelago looks bleak after a constitutionally questionable court intervention, writes Sudha Ramachandran for The Diplomat.

Late last week, the Maldives Supreme Court announced that the run-off vote should be postponed indefinitely. It is a move that is both unconstitutional and an assault on the country’s fragile democracy.

The decision has been criticized by Nasheed’s MDP as a “complete defiance of the Constitution,” an act of “betrayal of democracy and the will of the Maldivian people” by a “discredited court.” Indeed, Article 111 of the Maldivian Constitution says a run-off must be held within 21 days of the first round of voting. September 28, the day the Election Commission had scheduled for the run-off, was that deadline.

Many observers believe that the postponement of the run-off is an extension of what happened eighteen months ago. The sharp polarization between pro and anti-democratic forces persists.

“Anti-democratic forces who we thought we had defeated in 2008, asserted themselves in 2012 and have regrouped now, acting through the judiciary to keep Nasheed from returning as president,” a Maldivian businessman, who participated in the pro-democracy protests a decade ago and is based now in India, tells The Diplomat. “By keeping Nasheed out, these forces are preparing the ground for the Maldives return to full-fledged authoritarian rule,” he warns.

Maldivians will be anxiously awaiting the Supreme Court’s verdict. Will it annul the election result and call for fresh elections, enabling Ibrahim to mount a renewed effort for the presidency? Will it dismiss Ibrahim’s appeal and announce a new date for the run-off, facilitating Yameen’s campaign? Or will it keep the election process in suspension, extending Waheed’s presidency? The verdict will depend on who the apex court is backing. Meanwhile the Maldivian military will be planning its moves.

Whatever the outcome, the future of the Maldives’ badly damaged democracy looks bleak.

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Maldives’ media in spotlight as election fallout continues

The rising trend of death threats being sent via telecommunications devices has prompted the Communication Authority of the Maldives (CAM) to request police investigate and take action against offenders.

CAM’s statement comes a day after ongoing death threats received by the Elections Commission (EC)’s permanent staff and polling station officials prompted the commission to file a report with the Maldives Police Service (MPS).

CAM highlighted that intimidating threats and death threats are criminal offences and the institution called on all Maldivians to refrain from using telecommunications devices to commit such criminal acts.

The government agency called on everyone receiving threats to report the incident(s) to police.

CAM also emphasized that offenders would have their telecommunications services terminated without further notice.

Media council “lost faith” in broadcasting commission

Meanwhile, the Maldives Media Council (MMC) will file a no-confidence motion against Maldives Broadcasting Commission (MBC) members via Parliament’s Independent Institutions Committee, reported local media.

MMC believes the broadcasting commission has failed to fulfill its mandate to create a healthy broadcast media environment, instead creating fear and discomfort, is unable to uniformly treat media agencies equitably, and is unable to fulfil the Broadcasting Act’s mandates.

The media council has also called on MBC to “stop any action that might affect freedom of media” including creating fear and threatening media agencies.

“MBC was threatening media organizations [and] was failing to establish equality in implementing regulations…and therefore MMC has lost faith in the current members of MBC,” MMC President Husham Mohamed told local media.

MMC decided to file the case in Parliament after MBC issued a “warning” on Friday night (September 27), saying that broadcasting licenses would be revoked from any outlet transmitting content which “threatens national security”, Husham explained.

MBC said it would file legal proceedings against any media organisation it believed had broadcast such materials in violation of the Broadcasting Act.

Another factor prompting the MMC to take action against the broadcasting commission was MBC’s call on Thursday (September 26) that broadcasters to “refrain from airing photos of members of independent institutions – Supreme Court judges and Elections Commission members – in a derogatory manner which could jeopardize national harmony, until the Commission concludes adjudication of the related complaints”.

Seven of 11 MMC members voted in favor of the action against MBC members during the extra-ordinary meeting held on Saturday (September 28).

Last week the Broadcasting Commission ruled that the Maldives Broadcasting Corporation’s televising of the Jamiyyathul Salaf’ ‘Al Andhalus’ preacher Sheikh Adam Shameem Ibrahim did not violate any regulations.

The decision came after the Broadcasting Corporation’s chairman Ibrahim Umar Manik along with MBC members were summoned before Parliament’s Independent Institutions Committee, following complaints by Maldivian Democratic Party (MDP) MPs that the sermon infringed the rights of the party’s presidential candidate.

MMC Elections Commission complaint

The MMC has also called on the Elections Commission to “refrain from discriminating between media organizations when sharing information regarding the presidential elections”.

“I haven’t heard that complaint [officially from the Maldives Media Council],” EC Chair Fuwad Thowfeek told Minivan News yesterday (September 29).

“I have respected calls from various media [outlets, however] what I say is not properly addressed in reports, so I’m private as possible,” Thowfeek explained. “I give interviews to people I can trust to write what I say [accurately].”

“Also it depends on the time I have, [for example] if I’m in a meeting I can’t speak to anyone, but once I have free time I do,” he continued.

“If I believe the journalist will give [my] message accurately then I will give [that person] reports,” he emphasised.

MBC recently launched an investigation into Villa TV (VTV) – owned by resort tycoon, former Judicial Services Commission member, and Jumhooree Party Presidential Candidate Gasim Ibrahim – broadcasting unsubstantiated content to incite hatred against the Elections Commission in violation of the broadcasting code of practice.

Local media broadcasting unsubstantiated information about the Elections Commission and electoral process catalyzed unrest throughout the Maldives.

Confusion over the presidential election’s first round voting figures was created by local media reports not matching those of the EC during counting, with sluggish EC figures supplemented by differing poll results, depending on the outlet chosen.

Media misrepresentation

Inaccurate local media reporting was also highlighted as a problem by Maldivian Democratic Party (MDP) Chairperson ‘Reeko’ Moosa Manik during an press conference held today (September 30).

“My comments made in public on Friday have been changed a lot [in local media reports],” said Manik.

“I want all Maldivians to know this. I work against brutality. I specifically said if any of the police officers here hit me, I will tell my wife to go and tell his wife not to brutalize us,” he emphasised.

Police are currently investigating Manik for threatening police and their families.

Meanwhile, the Police Integrity Commission (PIC) has ruled that it had not come across any substantial evidence supporting the claims of Manik being attacked by Corporal Mohamed Atheef during the brutal police crackdown on February 8, 2012.

UN human rights encouragement

In light of these local media issues, the Maldives’ United Nations Resident Coordinator’s Office has encouraged journalists to leverage the UN human rights system to collectively advocate for freedom of opinion and expression to be upheld.

“As media professionals, I would encourage you to build your awareness and knowledge of international human rights standards, and reflect on how you could use the UN human rights system to, especially collectively, advocate for the respect and protection of freedom of opinion and expression in the Maldives, including the protection of journalists,” said UN Human Rights Adviser Safir Syed.

“I cannot emphasise enough that it really is in your interests,” he added.

The UN Human Rights Committee’s General Comment on freedom of opinion and expression was attached to an email sent to various local media outlets yesterday (September 29).

“A free, uncensored and unhindered press or other media is essential in any society to ensure freedom of opinion and expression and the enjoyment of other Covenant rights. It constitutes one of the cornerstones of a democratic society,” Syed quoted from the General Comment document.

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Senior military officers send “letter of concern” to Chief of Defence Force

Additional reporting by Zaheena Rasheed and Mohamed Naahii

Senior officers in the Maldives National Defence Force (MNDF) have sent a “letter of concern” to Chief of Defence Force Major-General Ahmed Shiyam, following the failure of the country to hold scheduled elections on Saturday (September 28).

Police surrounded the Elections Commission (EC) on Friday with orders from Commissioner Abdulla Riyaz to storm the building and confiscate ballot papers should the EC continue to attempt to hold the election.

The Supreme Court had the previous evening opened at midnight to order security forces to physically obstruct the election in line with its earlier suspension, invoking article 237 of the Constitution, concerning the authority of the security services to “protect the nation’s sovereignty, maintain its territorial integrity, defend the constitution and democratic institutions, maintain and enforce law and order, and render assistance in emergencies.”

The MNDF’s letter to Major-General Shiyam was initially signed by four senior officers, but 16 officers across the top brass subsequently added their names to it.

MNDF Spokesperson Colonel Abdul Raheem, himself a signatory, confirmed the letter’s existence to Minivan News.

“It was to inform the leadership of our concerns about political turbulence in the country right now and how the military should plan and prepare for it,” Colonel Raheem said, and implied that it was not unusual for senior officers to brief the Chief of Defence on such matters.

One signing officer told Minivan News on condition of anonymity: “This is not a petition. It is a letter of concern over the Supreme Court’s order to delay elections, the failure of state institutions, and the possible politicisation of the military, and asking that unconstitutional orders not be issued,”

The officer said the letter had been signed by ranks including Generals, Colonels, Lieutenant Colonels, Captains, First Lieutenants, Sergeant Majors and Warrant Officers.

The 3000-strong MNDF is responsible not just for defence, but also the Coastguard and civil services such as firefighting and rescue operations.

The letter seems to have prompted an internal shuffle in the organisation, including a marine commander switched to another unit. One resignation letter obtained by Minivan News, of First Lieutenant Mohamed Haleem, was addressed to Defence Minister Retired Colonel Mohamed Nazim.

“I do not believe the security services are currently adhering to the constitutional provisions stated in articles 237 and 238. Also, while the spirit of article 246 of the constitution is, to refrain from political affiliations and to treat equally among the people and different groups, respecting the principles of Islam and human dignity, I do not see this currently happening [within the security services],” First Lieutenant Haleem stated.

“For the last 23 years [of my military service]; I have served this country under a solemn oath taken in the name of Allah, I do not see any way that I can carry out my duties as prescribed in the constitution and the military act, while in this position, therefore I request you to relieve me from my duties,” he concluded.

Former Brigadier General Ibrahim Mohamed Didi, who as a junior soldier was instrumental in defending the Maldives from the coup attempt of 1988 which saw 80 mercenaries from the Tamil militant group the People’s Liberation Organisation of Tamil Eelam (PLOTE) launch a frontal assault on the Maldives’ military headquarters, issued a letter today over social media.

“My advice to the military officers is: ‘Do not give the opportunity to anyone who plans to rule this country by taking the laws to their own hands and override the constitution and undermine the constitutional framework of this country’,” wrote Didi, who was the Male’ Area Commander during the 7 February 2012 controversial power transfer before resigning “prematurely” from his 32 year career on July 16, 2012.

“Given the sad state of affairs this country has fallen to, as a person who came out to sacrifice my life to protect holy Islam and this nation when required, as a person who would still take any action required in the best interest of this country, people and religion and as a person who has been trained and acquired military expertise at the expense of the public funds, I could not remain silent today. I believe it is a national and a religious duty to say something on the issue,” he wrote.

This country is in a state of chaos since February 7, 2012. The government elected by people of this country were not given the opportunity to breathe. Opposition politicians, businessmen and religious clerics who supported them were continuously seen calling for the ousting of the government.

The people within the government were claiming that the opposition was insincere and irresponsible. The opposition claimed that the government officials were insincere and irresponsible. In this situation, conflicts between three powers of the state led to the military being unduly influenced.

Also, it is shameful and unacceptable in such a highly polarised society to see the government which the military ought to legally defend, regardless for whatever reason, be thrown out to the street.

In that circumstance, the international community saw the best solution for the country was to find a peaceful solution. And in that discourse, they saw the need to facilitate a presidential election, in which the people would make the ultimate decision. [It had to be this way] because of the conflicts within the three powers of the state and between these powers.

With that, I must disappointingly highlight that I am seeing the country falling into a state of chaos. I have heard some businessmen claiming that the only solution left for the country is a military solution. I am ready to challenge those who say this. That is a theory based on lies, deception and greed which only serves them a temporary benefit. We have seen what happened to countries that followed this theory.

In this situation, my advice to the military officers is, do not give the opportunity to anyone who plan to rule this country by taking the laws to their own hands and override the constitution and undermine the constitutional framework of this country.

The reason is, if such a thing happens, it would be all of us, our children and our children’s children who would suffer the consequences.

What does the constitution say about this? Article 268 says that any act committed in contrast with the constitution is void and invalid.

Article 124 states that in case of incapacity of the President and Vice President, it must be the Speaker of Parliament who takes up the duties and responsibilities in running the state.

Article 107 states that the duration of a presidential term is five years.

Therefore after November 11, 2013, regardless of who gives the orders and regardless of the situation, I sincerely urge the military to not let anyone take over the country in contrast with the provisions in the constitution, as this would have dire consequences. I request all military officers to sincerely and peacefully protect the interests of this country in such a situation.

By any means, the head of state should not be someone who assumed powers in contrast to the constitution of this country.

Translated from Dhivehi – read original

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MP Ali Azim arrested on third consecutive night of MDP protests

Maldivian Democratic Party (MDP) supporters protested for the third consecutive day on Sunday (September 29), resulting in confrontations between the police and protesters with multiple arrests – including that of party parliament members.

Protests began at around 2:00pm near the FDI Station on Fareedhee Magu – the closest protesters can go to the Supreme Court building, as the area remains cordoned off by police and military forces.

Crowds grew and thinned alternatively throughout a period of 12 hours, with the main confrontations occurring after 10:00pm.

Minivan News observed that earlier in the night the MNDF was in charge of security operations in the area. About 400 protesters, while playing campaign songs and chanting slogans – “Forward, forward, swiftly forward”, “Give us our right to vote”, “We don’t want to selectively follow parts of the constitution” – were peaceful.

Police, including Special Operations (SO) officers, took over security operations later in the night, around which time the atmosphere became more heated.

Leading the protest were MDP Vice Presidential Candidate Dr Mustafa Lutfi, MP Ali Azim, former foreign minister Ahmed Naseem, and former Attorney General Dhiyana Saeed.

MDP MP Ali Azim was addressing the protesters from a campaign truck close to the police barricades when SO officers took him under arrest. A video on social media shows SO officers run up to the parliament member, pull him off the truck and onto the ground before dragging him away through the crowd and past the line of barricades.

Eye witnesses say that police kicked him and hit him with batons prior to dragging him to their vehicle.

The MDP has today released a press statement saying that the party “harshly condemns the brutal arrest of Ali Azim”.

“This is an act to intimidate the people and a violation of freedoms provided in the constitution.”

Protesters threw stones and empty plastic bottles over the barricades into the police lines, while police used batons, pepper spray and a substance with a strong chemical smell which caused wheezing and difficulty in breathing.

“I don’t know what this is, but having felt the pain of being pepper-sprayed and teargassed, I can tell you this is a different substance. An irritant of some sort. It smarts so very bad and feels like I have sand in my eyes. My skin feels like it is peeling away and burned,” said a 34 year-old male protester affected by the substance during last night’s protests.

“Do I deserve this in return for asking for justice? For demanding an elected government?” he asked, while pouring Coca Cola over his face in an attempt to regain sight and take away some of the pain.

According to police media a total of eight arrests were made last night. Police denied that any substance or chemical besides pepper spray was used to control the protests.

“Nothing except pepper spray. No new chemicals were used,” the spokesperson stated.

Minivan News observed at least 13 male protesters being taken into police custody after snatch teams of SO officers went into crowds and chased them.

Many of the protesters were frisked in the presence of media behind police lines prior to being taken into the police vehicles – a practice which has not previously been observed at the protests following the February 7 controversial transfer of power.

After consecutive and frequent SO officer charges into the crowd, protesters thinned out around 1.45am, leaving a few dozen people standing by in small crowds, defiantly chanting “justice now”. Police left the area at approximately 2:00am when protests died down for the night.

The MDP has said that it will continue the protests and has called on the Human Rights Commission of Maldives (HRCM) and the prosecutor general to investigate the arrests of the DRP MP and other protesters.

MP Ali Azim was brought to court at 2.30pm this afternoon and his detention has been extended for seven days.

Meanwhile, police have said they are investigating four MDP MPs for contempt of court and threatening police, judges and their families. These are Feydhoo MP Alhan Fahmy, Malé MPs Imthiyaz Fahmy, Mohamed Rasheed (Bonda) and Reeko Moosa Manik.

Furthermore police arrested Malé MP Hamid Abdul Gafoor today to ensure his presence at a Criminal Court trial tomorrow on alleged possession of alcohol.

MDP MP Ali Waheed’s car was vandalised in the evening, and a motorcycle and car were torched at 3:00 am. The police also said wife of a policeman was hit by a motorcycle at noon. She is eight months pregnant.

MP Ali Azim arrested during Sunday night’s protests

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Maldives on course to meet million tourist target as political uncertainty dominates global headlines

“The World Tourism Organisation (UNWTO) has said the Maldives will successfully welcome over one million tourists to the country this year, according to Tourism Minister Ahmed Adheeb.

The claims were made as the country’s ongoing political uncertainty comes under intense scrutiny by global media after the country’s judiciary – previously reported as being heavily politicised in a UN-sanctioned investigation – suspended polling scheduled for September 28,” reports Minivan News’ spin-off travel site, Dhonisaurus.

“Tourism Minister Adheeb, speaking after the country officially launched the international celebrations for World Tourism Day on September 27 from Kurumba Island Resort, said that current statistics – backed by the UNWTO – indicated that tourist arrivals would exceed one million visitors during 2013.

The Maldives narrowly missed out on its stated aim of bringing one million visitors to the country last year, citing the impacts of global media covering the controversial change of government, an event which followed a mutiny by sections of the police and military.

The UNWTO launch event was attended by Adheeb, Defence Minister Mohamed Nazim and President Dr Mohamed Waheed, who spoke of the potential dangers the Maldives faced as a result of climate change – not least in terms of issues of water supply.

However, the celebrations, attended by senior UNWTO figures, were overshadowed by international media reports of “political chaos” in the country, and talk of potential disruption to the lucrative resort industry as a result of a 5,000 strong workers’ union pledging prolonged strike action.

The action was pledged in response to a Supreme Court decision on September 23 to indefinitely suspend the ongoing presidential election over allegations of voter irregularity, a decision that sparked global concern from international actors that had praised the voting process earlier this month.

Despite the strike pledge, tourism industry operators speaking to Dhonisaurus – including properties directly linked to presidential candidates placed second and third during voting on September 7 – said it had nonetheless been business as usual for the country’s resorts this week.

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Death threats force Elections Commission to seek police assistance

Ongoing death threats received by the Elections Commission (EC)’s permanent staff and polling station officials have prompted the commission to file a report with the Maldives Police Service (MPS) today.

A lack of state cooperation prevented the commission from holding a “free and fair [presidential election] vote without intimidation, aggression, undue influence or corruption” on September 28 as constitutionally-mandated, the (EC) announced on Friday night, shortly before it was surrounded by a police barricade.

Lack of police support, “some political parties” threatening to set ballot boxes on fire, and death threats made against Elections Commission members, staff, and officials involved in the voting process were highlighted as reasons for postponing the second round run-off, which would otherwise have taken place yesterday.

Special Operations police surrounded the EC secretariat on Friday, with orders from Police Commissioner Abdulla Riyaz to take over the building and ballot papers should it proceed with holding the election.

In addition to the MPS stating it would not cooperate with the EC and ceasing to providing security requested by the commission for the second round, police prevented EC staff and visitors from entering the secretariat on Friday. However, staff were later allowed to return after a series of phone calls between Riyaz and EC Chair Fuwad Thowfeek.

As of Thursday, the EC insisted that it was constitutionally mandated to hold the runoff within 21 days of the first round, in spite of an order from the Supreme Court to suspend the election indefinitely. This prompted Assistant Commissioner of Police Hassan Habeeb to call the Elections Commission Chair on Thursday night (September 26) and warn that police would not allow the election to take place.

Death threats continue

“It’s not just myself and my family, but Elections Commission staff, including most directors and even some heads of ballot boxes and other polling station staff who have received threatening messages that they and their families will be killed,” Elections Commission Chair Fuwad Thowfeek told Minivan News today.

“They are very much scared about the situation. Some are even afraid to come out of their homes. It’s very sad,” Thowfeek lamented.

“I hope we will be safe, we have been trying to follow the constitution,” he said.

Thowfeek said the EC had sent a report to the MPS detailing the threats, phone numbers the messages were sent from, and other relevant information.

He noted that the EC was still considering whether to send an official letter to the Telecommunications Authority regarding the death threats “because we are waiting for action to be taken through the MPS, since they have the authority to investigate.”

The following SMS was sent to EC and polling station officials yesterday:

“What you did to rig the vote near ballot boxes will be exposed. YOU resign. Or else even your family will be killed. Allah Akbar we are with the religion.”

On Thursday senior Election’s Commission staff received the following message around 6:00pm:

“We will kill anyone who allies with Fuwad Thowfeek against the Supreme Court order and the Maldivian constitution and continues with voting activities. Allah Akbar.”

Additionally, during an interview Minivan News conducted with Thowfeek last week, he noted that “some of us are getting threats from unknown people. I have received SMS messages saying ‘be careful when you come out on the street, you’ll be stabbed in the stomach’.”

Only the EC’s human resource section and other section heads of the commission have a list of all election officials and temporary staff, explained Thowfeek.

The commission had provided the four political party presidential candidate representatives with a list of all elections officials, including polling station staff, but that list did not include their phone or ID card numbers, he noted.

Police integrity

The Police Integrity Commission (PIC) called for the police to provide any assistance the EC requires to go ahead with the second round.

Earlier this month the PIC determined Police Commissioner Abdulla Riyaz violated the Police Act by posting a letter on Twitter urging police officers not to vote for former President Mohamed Nasheed and recommended administrative action be taken against the police chief.

Minivan News enquired with the PIC whether Commissioner Riyaz would be able to impartially issue orders to prevent the EC from conducting election preparations and holding the second round runoff, or whether the MPS – under his leadership – would be able to impartially investigate the death threats EC staff have been receiving.

PIC Director General Fathimath Sareera Ali Shareef told Minivan News today that she needed to consult with their legal department and would reply as soon as possible. She had not responded at time of press.

Elections Commission secure

Police meanwhile remained outside the Elections Commission until yesterday (Saturday) evening, guarding the secretariat and patrolling the road, noted Thowfeek.

“It was our request to have the police in front of the security room, on the ground floor [of the secretariat], and surrounding the building so nobody could enter from behind. They are keeping full security of the building for the protection of the commission and our own safety,” said Thowfeek.

The Elections Commission confirmed there was “no danger” its data could be tampered with because it remained “fully protected” and is being “closely monitored”.

The commission’s server was intentionally shut down on Friday night to prevent anyone from accessing data through a “remote medium”, explained Thowfeek.

Additionally, beginning Friday night, the EC established a rotational schedule to ensure staff are present in the EC’s secretariat 24 hours a day, seven days a week, “so there is no chance an outsider can get in” and tamper with any materials or data, he continued.

“Our own staff are present in the IT, security, and records section rooms – the most important places are constantly monitored,” said Thowfeek.

Police “misunderstanding”

Thowfeek also explained the “misunderstanding” between the MPS and the EC that led Special Operations police to surround the secretariat and prevent staff or visitors from entering, with orders from Police Commissioner Riyaz to take over the commission and arrest staff who disobeyed the Supreme Court order to halt presidential election preparations.

After a Raajje TV journalist called to enquire about the situation, Thowfeek explained to the reporter that “even staff and visitors were not allowed” to enter the EC.

This led Police Commissioner Riyaz to contact Thowfeek and explain that police were sent to protect the commission against any “angry people” trying to enter the EC and harm its staff, according to the EC Chair.

Riyaz also instructed Thowfeek “not to listen to stories from different people about the situation”.

Thowfeek then sent the EC’s Secretary General and Director General downstairs to confirm what was occurring. The commission’s IT and coordination section directors had been prevented from entering the building and police informed the Secretary General that visitors would not be allowed to enter on Saturday either.

The EC Chair again contacted Riyaz and explained that the action being taken by the special operations police differed from what the Police Commissioner had said the MPS officers would do.

Fifteen minutes later, Elections Commission staff with proper identification were allowed into the building and the commission was informed that invited visitors would be permitted to enter as well.

Minivan News had journalists present inside and outside the EC secretariat building throughout the events and did not observe protesters present at the time Special Operations police surrounded the building.

International observer visits

EC officials had previously planned to meet the British High Commissioner in the commission’s secretariat on Saturday, however after the EC’s Secretary General was informed by police Friday night they would not be able to hold the meeting in the commission, it was relocated to the High Commissioner’s hotel, explained Thowfeek.

“The British High Commissioner was here during the first round and commended our work,” said Thowfeek. “He came to see the second round and was disappointed when he found out it had been stopped.”

“He hoped for a quick solution and wished us [the EC] well,” he added.

A team of Nigerian election observers also arrived on Friday and were “very much disappointed” polling did not take place, explained Thowfeek. However, because they “made such a long trip” the EC has still been working with the West African observers and providing information about the electoral process.

The Danish Ambassador and the Commonwealth [observation group] Chair met with EC officials Friday, noted Thowfeek.

“We have had no news from any other [international election] observers,” he added.

Election not possible before November 11, says EC

Holding the second round – or another first round – of the presidential election will now “not be possible before November 11 within existing elections laws”, Thowfeek told Minivan News.

While the EC usually requires 60 days of preparation time for the whole process, “even if we don’t waste a single minute” 45 days will still be required before another presidential election can take place, he continued.

“We have to update the voter list, gazette it, receive complaints and input from the public regarding the list, see who will be present where on that date and allow them to re-register accordingly, add just-turned 18 year-olds and remove anyone who has died during the [voter registry updating] process, etc,” he noted.

Thowfeek explained that general and presidential elections law mandates specific periods of time are given for each step of the election preparation process, for example the voter registry must be published in the government gazette 45 days before polling, 10 days are given to submit complaints, and five days are provided to file cases of unaddressed complaints with the High Court.

“If special laws are made, then maybe it will be possible,” said Thowfeek.

“[Timetables within] the existing laws have to be rescheduled and another set of laws passed [before the November 11 constitutional election deadline],” he elaborated. “The other difficulty is that the Majlis is currently in recess. They may reconvene next week, but any law [passed] has to be ratified by the president.”

“We have just 42 days left before [the end of the presidential term on] November 11, so time is limited,” he added.

The date for the Supreme Court’s verdict in the Jumhooree Party’s case against the Elections Commission remained unscheduled at time of press.

HRCM and civil society support for elections

The Human Rights Commission of the Maldives (HRCM) has called on the Supreme Court and state institutions to ensure that Maldivians not be stripped of the right to vote, guaranteed by constitutional article 26 and the International Covenant on Civil and Political Rights (ICCPR), and to ensure that there would be an elections within the duration stated in the constitution.

HRCM also called on everyone not to pave way for unrest and to hasten all work that had to be done to uphold the constitution.

The commission also called on the EC to solve all the issues with the voters’ registration.

HRCM further called on the authorities to take legal action against those to pose death threats and threats of violence and also called on everyone to give high priority to national interest.

Yesterday Transparency Maldives appealed to all actors “especially the Supreme Court, to uphold the spirit of the Constitution and electoral deadlines and respect people’s electoral choice.”

The NGO expressed its “concern over the delay of the second round of elections and rising tensions as Transparency Maldives did not receive any reports that suggest systematic fraud in its nationwide observation and no credible evidence that supports such allegations has been made public.”

Transparency Maldives, the HRCM and the Maldivian Democracy Network observed the first round and praised the EC’s free and fair electoral process.

Global election support

Global condemnation followed the Supreme Court’s issuing of the injunction, with the UK, EU, and the Commonwealth specifically calling for the run-off to go ahead as scheduled.

International election observers unanimously commended the first round of polling, calling for losing parties to accept defeat and allow the second round to proceed as scheduled.

The Commonwealth’s human rights and democracy arm has since “expressed concern at developments” in the Maldives following the first round of elections.

Business as usual

The Election’s Commission is meanwhile “going ahead” with preparations for the upcoming local council and parliamentary elections.

“We are doing the work for local council elections to take place in December [2013], said Thowfeek.

“[Additionally] last night we issued one draft document for constituencies. According to the law, eight months before the existing term of Parliament expires, we have to check the population figures from various localities and [based on the data] create a report on how constituencies should be formed for the next election,” explained Thowfeek.

Currently there are 77 seats in the People’s Majlis, however 85 seats will be needed, he added.

The Parliamentary election is scheduled to take place on March 2014.

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Maldives foreign travel advisories updated after recent protests

The UK, Australia, Canada and China have updated their travel advisories on the Maldives, warning of intensifying political instability and encouraging their nationals to take care, especially in the capital city of Male’.

“Demonstrations have already started in the capital, Malé and on some non-resort islands. Further demonstrations are likely. Previous political demonstrations have led to violence and arrests. Friday afternoons are traditionally potential flashpoints,” stated the September 27 notice on the UK Foreign and Commonwealth Service’s travel advisory service.

The guidance urged visitors to keep away from demonstrations: “There is no indication at present that any political unrest will affect tourist resorts or airports, but if you have any concerns you should check with your hotel or tour operator,” the statement read.

The Australian alert on the government’s Smart Traveller website flagged Male’ yellow and urged travellers to “exercise a high degree of caution” in the capital due to “unresolved political tensions and risk of further unrest and violence.”

“Since February 2012, there have been regular political protests in Male, some of which have turned violent. The political environment remains uncertain and further violent clashes could occur. You should avoid public gatherings and protests, particularly in Male, as they may turn violent. Extra care should be taken when moving around Male’ after dark,” stated the advisory.

The Canadian alert urged travellers to “exercise a high degree of caution” due to civil unrest, stating that “the political situation is volatile following the indefinite postponement of the second round of presidential elections by the Supreme Court. Demonstrations by political parties are likely to occur.”

The Chinese advisory, updated on September 27, noted that while the Maldivian social order “is generally stable”, “partisan conflicts around the presidential elections are intensifying.”

The Chinese Embassy in the Maldives urged Chinese visitors – who make up 25 percent of all tourism arrivals – to monitor the local security situation, contact and confirm the hotel booking before departure, and avoid non-essential travel to Male’.

Friday’s protests were also extensively reported by Chinese state-run press agency, Xinhua.

The US Embassy in Colombo previously issued a travel notice to US citizens planning to travel to the Maldives, stating that the run-off presidential election previously scheduled for September 28 “has been postponed.”

“The U.S. Embassy recommends that US citizens exercise caution, avoid large crowds, and monitor media coverage of local events,” the advice read.

Tourism dependency

The vast majority of tourism to the country is through package tours and holidays, with guests arriving on the airport island of Hulhule and being taken by boat, seaplane or domestic air transfer directly to their resort islands without stepping foot on Male’.

The tourism industry’s traditional market has been the UK, Italy, Germany and Russia, however following the 2008 recession this market has been displaced with a surge in Chinese arrivals. Smaller but growing markets include the Middle East and Eastern Europe.

The Maldives is indirectly dependent on this luxury tourism industry for over 70 percent of its GDP and up to 90 percent of its foreign currency exchange. As small island nation with scarce natural resources and very little agriculture, the Maldives also has near-total reliance on imports, particularly for tourism commodities.

The Tourism Employment Association of the Maldives (TEAM) last week indicated that it would encourage its 5000 members to strike should the election be delayed, while the Maldives Port Workers Union (MPWU) went on strike today “to send a message to the government”.

While the political situation in Male on Sunday remained tense ahead of an expected but unscheduled Supreme Court verdict on the fate of the run-off election, protests over the past several days were confined to just several intersections in the capital.

Yesterday’s protest near Male’s main tourist street attracted small crowds of passing Chinese and German tourists who took photos of the rally. A group of four Germans, asked what they thought was happening, said “I don’t know, something to do with the flags?”

Tourism Minister Ahmed Adheeb told Minivan News yesterday that international media coverage of proposed strike action predicting “travel misery” for UK tourists travelling to resort was “irresponsible”, and challenged the veracity of reports such as that in the Independent’s travel section.

“The scuba dive tanks will stay empty, the pool towels unchanged, and there will be nobody on hand to mix a cocktail [should the protests go ahead],” wrote the paper’s Whitehall editor, Oliver Wright.

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Comment: When you’re voteless in the Maldives, resistance is not futile

This article first appeared on Dhivehi Sitee. Republished with permission.

Saturday dawned as crisp, sunny and beautiful as any other day in the Maldives. The clear blue skies belied the dark cloud that descended over a majority of the country’s population after the beleaguered Elections Commission announced shortly before midnight on Friday that the Supreme Court, and other allied state institutions, had left it with no choice but to call off the second round.

What the Elections Commission has been forced to call off is hope — the expectation that democracy will be restored in the Maldives on 11 November 2013.

For 19 long months, a majority of Maldivians have dedicated most of their lives to winning back democracy from the authoritarian gang that came to power on 7 February 2012. The fight has been all-consuming and has affected every single Maldivian one way or another.

In the immediate aftermath of the coup came the violent confrontations with the security forces. Hundreds were beaten up, arbitrarily arrested, detained without charge, and ordered to obey, or else. Basic human rights—freedom of assembly and expression—were rolled back. Foreign ties were broken coldly, with little care for international norms or the inevitable consequences. The economy suffered blow after blow, leading to bankruptcy with little hope for recovery in the foreseeable future.

Working with unscrupulous ‘religious scholars’, intense nationalism was promoted in parallel with virulent xenophobia against any foreign actor that promoted democracy. Ties with autocratic regimes were fostered, along with relations with international gangsters known for drug trafficking and money laundering. National assets were sold off and deals made with unscrupulous foreign governments that spoke democracy but acted with nothing but their own national interest in mind. Unexplained murders, gang-related crimes, drug abuse and sexual offences increased exponentially.

The international community’s decision to condone the coup and endorse it as ‘a legitimate transfer of power’ was a major blow, but not enough to kill the Maldivian people’s desire for democratic governance. In the face of intense pressure from the international community to obey, to put stability before rights, to follow ‘the democratic process’, combined with brutal force by domestic authorities, the street protests could not be sustained. But supporters of democracy did not give up. Led by Mohamed Nasheed and the Maldivian Democratic Party, Maldivians channeled their frustrated hopes into campaigning for a democratic election instead of protesting on the streets.

MDP’s presidential campaign has been an exemplary democratic exercise – the ‘costed and budgeted’ manifesto it brought out in August this year is the embodiment of a majority of Maldivians’ hopes and dreams for the future. It is based on views and opinions gathered from people on every inhabited island and it envisions a future in which the Maldivian people will, at long last, be empowered to work for their own socio-economic progress under a government that a majority of them have elected of their own free choice. Of course, it is naive to think that every desire would be fulfilled, but at least everyone was asked what they wanted, everyone had a say, and everyone could take ownership of their own future. No such bottom-up exercise has ever been conducted in the long authoritarian history of the Maldives.

On 7 September, 88 percent of the electorate turned out to vote. 45.45 percent of them voted for Mohamed Nasheed, 25.35 percent for Abdulla Yameen, 24.07 percent for Gasim Ibrahim, and 5.13 percent for Mohamed Waheed. Nasheed did not get the 50 percent plus one needed for an outright win, but the Maldivian map, from north to south, was all yellow at the end of voting that day. Most people in all atolls bar two want a democratic government led by Nasheed.

The authoritarians know this, always did. Plan B was there from the start – let them have their vote if they must, but the results will always be ours, as we want it. Over a thousand observers, local and foreign, verified the election as free and fair. Except for minor errors, expected in any election anywhere in the world, it went without a hitch. Only 25 percent of the Maldivian people want Maumoon Abdul Gayoom’s autocratic rule to continue. That’s when the stubborn septuagenarian called in all the stops and brought into full play the dregs of dictatorship that continued to infect Maldivian democracy throughout the three years or so it lasted.

Gayoom has played his old house-boy Gasim well. Taking full advantage of Gasim’s indignation about not having received the votes he paid for, Gayoom has dictated most of the Supreme Court bench – the most corrupt of the many corrupt state institutions – to rule in Gasim’s favour, bringing the Maldives to where it is today: a constitutional vacuum into which Gayoom can effortlessly step in and ‘rescue’ us from ourselves. If Gasim thinks that Gayoom will let him take the president’s oath on November 11, he is an even bigger fool than he has repeatedly shown himself to be.

The Supreme Court did not just issue an injunction against the second round, it also ordered the security forces to act against anyone who tries to go ahead with the polls. One can only imagine the elation of the baton-happy coup-Police Commissioner Abdulla Riyaz who immediately deployed his forces to the Elections Commission, sealing the Commissioner and staff off from interaction with anyone local or foreign.

Efforts for mediation by the international community were not just prevented by the police, but strongly criticised by Gayoom’s minions. With his daughter at the helm of foreign relations as the State Minister of Foreign Affairs, it summoned India’s High Commissioner for a good telling-off for attempting to help disenfranchised Maldivians. The government has not stopped spurning the international community since, and will not stop until it becomes clear to everybody – at long last – that Gayoom and his followers will not allow democracy in the Maldives, whatever it takes.

The truth of the matter is, and has been since 7 February 2012, is that there will be no election in the Maldives as long as Nasheed, the champion of the Maldivian democratic movement, is in the running. So the focus has now returned to the farcical prosecution of Nasheed, through the very courts that have proved again and again that they are neither independent nor respectful of the ‘judicial process’. The machinations are fully underway to annul the first round and put Nasheed behind bars before calling fresh elections, if there are to be any. Reports say Gayoom himself is planning to run if and when new elections are held, his ‘economist’ brother having failed to live up to family expectations by not being able to garner much support.

Having lived under Gayoom for most of their lives, a majority of Maldivians remain oblivious to the fact that indefinitely delaying the elections is a robbery of their fundamental right to vote, and not just that of MDP members or supporters of Nasheed. Their gloating about the cancellation of the election is both sad and sickening. They will do everything in their power to help bring Gayoom, and their own enslavement, back to life.

For the rest of Maldivians, the only choice left is to refuse to obey. Power, contrary to popular belief, is not something that can be taken away by force. It can only be given away, by the people, if we so decide.

Resisting a full-fledged authoritarian reversal has been a long hard slog that has taken a heavy emotional, financial and social toll on all of us. Sustaining the resistance will be difficult, and all out civil disobedience would be even harder; but do it we must, if we are to be in control of our own destiny. What we must keep in mind is: nobody can govern us without our consent. It is within our power not to give it.

Dr Azra Naseem has a PhD in International Relations

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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CMAG expresses “concern at developments” in the Maldives following first round of polling

The Commonwealth’s human rights and democracy arm has “expressed concern at developments” in the Maldives following the first round of elections.

The Supreme Court last week suspended the run-off election indefinitely after the third-placed candidate with 24.07 percent, Gasim Ibrahim, demanded the vote be annulled alleging widespread electoral fraud and declared “God Willing, Gasim will be President on November 11″.

The party of second-placed candidate Abdulla Yameen – the Progressive Party of the Maldives (PPM) which attained 25.35 percent of the vote behind front-runner Mohamed Nasheed’s 45.45 percent – backed Gasim’s court case. Attorney General Azima Shukoor – formerly Yameen’s lawyer – also intervened against the Elections Commission (EC). A verdict is expected at the next hearing.

The Commonwealth Ministerial Action Group (CMAG) on Friday meanwhile noted that its election observation team had determined the September 7 polls were “a credible electoral process and met the standards for democratic elections to which Maldives has committed itself.”

“Ministers further noted that national and other international observers had concluded that the 7 September election was competently administered, and that the Maldivian people had been free to express their will through the ballot,” CMAG stated.

“In this context, CMAG Ministers expressed concern at developments since the declaration of results of the first round poll, with one unsuccessful party having filed a case with the Supreme Court to annul the first round of the election because of alleged electoral fraud, and the Supreme Court subsequently issuing an injunction to delay the second round of the election until a court ruling is delivered in that case,” the statement read.

“Noting that, under the Constitution of Maldives, a new President is required to be sworn in by 11 November 2013, CMAG Ministers urged all those concerned to ensure that the second round of the election is held at the earliest possible date so that this constitutional requirement is met,” the statement added.

Following CMAG’s meeting in New York on Friday, Canadian Foreign Minister John Baird joined Maldivian pro-democracy demonstrators outside the Australian consulate.

Following the Supreme Court’s indefinite suspension of the election last week, Baird in a statement had warned the delay was “troublesome and can only lead to more instability”, and pushed for the Maldives to be put on CMAG’s formal agenda.

Canadian Foreign Minister John Baird with Maldivian demonstrators

Government responds

The Maldivian Foreign Ministry meanwhile put out a statement noting “media speculation” that the Maldives could be placed on the group’s agenda.

“The current political situation in the Maldives is one in which the Government is upholding constitutional supremacy, and the rule of law. Therefore, questions about placing the Maldives on the formal agenda of the CMAG are nothing more than speculations and have no basis,” the statement read.

Acting Minister of Foreign Affairs Dr Mariyam Shakeela represented the Maldives at the CMAG meeting, “and advocated on the need for reforming the Group in order to make the body a more effective and credible one that can help, not hamper, democracy consolidation in the Commonwealth member countries,” the statement read.

“The Minister also highlighted on the need for the CMAG to take matters in proper context, and not to over-react on delicate situations in member countries,” it added.

Following the meeting, Minister Shakeela “expressed pleasure about the deliberations and noted that as a member of the CMAG, the Maldives believes that the Group’s credibility can only be maintained if careful, considered, and impartial decisions are made on critical issues of importance relating to members of the Commonwealth.”

Deputy Leader of Gasim’s Jumhooree Party, Dr Ibrahim Didi, was meanwhile quoted in Sun Online as calling on CMAG not to “enslave or threaten” the Maldives.

“We are ready to leave the Commonwealth if necessary,” Sun reported Didi as saying.

“Some Maldivians think we will starve if we leave the Commonwealth. But this won’t happen. Some people think it is a big organisation and that if they cut assistance we will starve. The Commonwealth have only given us a few diploma courses,” he stated.

Indian High Commissioner summoned

The Maldivian government has also summoned Indian High Commissioner Rajeev Shahare to express what Sun Online reported was “discontent” over the High Commissioner’s meeting with Elections Commissioner (EC) Fuwad Thowfeek on Friday.

Shahare met with Thowfeek at the EC shortly before the building was surround by police, carrying orders to take over the building and ballot papers should EC staff continue with preparations for holding Saturday’s scheduled election.

Sun reported a Foreign Ministry official as stating that Shahare met with officials at 7:00pm on Friday.

“We had a meeting with the Indian High Commissioner [Friday] night, but we cannot reveal details of the meeting,” Sun quoted the official as saying.

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