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EU warns of “appropriate measures” should November 16 election be subverted

The European Union has said it is prepared to consider “appropriate measures” should Saturday’s run-off election be subverted, and the country fall into authoritarianism.

“The EU underlines that neither continuing uncertainty nor a drift towards autocratic rule would be acceptable to the EU and that it is therefore ready to consider appropriate measures should the poll on 16 November not bring the electoral process to a successful conclusion,” declared EU High Representative Catherine Ashton.

“The EU notes that, on 9 November, Maldivians voted in high numbers in the repeated first round of Presidential elections, reflecting their desire to exercise their democratic rights and their trust in the Elections Commission. As in September, the first round was conducted in a professional and impartial way,” Ashton stated.

“The EU notes that a second round is now scheduled for Saturday 16 November, but in circumstances not foreseen in the Constitution. The EU considers that any attempt to further delay or otherwise influence the outcome of the elections could only be intended to prevent the people of the Maldives from exercising their democratic right to choose their next president,” she declared.

The statement did not outline what such “appropriate measures” might entail.

The EU last week was reported to have declined to extend the duty-free status of imported fish from the Maldives, following the country’s failure to comply with international conventions concerning freedom of religion and treatment on women. However Minivan News understands that the timing was coincidental.

“It is true that the Maldives applied to be granted the status of beneficiary of the EU preferential trade arrangements for sustainable development and good governance (GSP+). However, the application is still under review by the EU with a decision to be expected by the end of 2013. It is premature to anticipate on whether the Maldives will receive the GSP+ status or not,” EU trade spokesman John Clancy told Minivan News.

The Asian Centre for Human Rights (ACHR) has meanwhile recommended the international community impose travel and other restrictions against President Mohamed Waheed, Police Commissioner Abdulla Riyaz and Supreme Court Justices Ahmed Abdulla Didi, Abdulla Saeed, Adam Mohamed Abdulla and Ali Hameed Mohamed.

“The time has come to ensure that all those who subvert democracy and the rule of law are held accountable by denying visas as well as any association including employment opportunities by the United Nations and other inter‐governmental organisations,” stated the regional NGO, which has special consultative status with the UN’s Economic and Social Council (ECOSOC).

The Commonwealth Ministerial Action Group (CMAG), the international body’s human rights and democracy arm, has meanwhile placed the Maldives on its agenda.

President Mohamed Waheed, who departs tonight on an official trip after drawing MVR 525,000 (US$34,000) from the state treasury two days before the election, said he was “unconcerned”.

“Let CMAG decide whatever they will,” Waheed said.

The EU has long been the Maldives’ most lucrative tourism market in terms of bed nights and expenditure. Arrivals from China have eclipsed those of any one European country, however countries such as the UK, France, Germany and Italy remain core markets due to longer average stays and higher expenditure than many Chinese guests.

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Waheed takes MVR 525,000 for presidential trip, days before election

The Ministry of Finance has approved a budget of MVR 525,000 (US$34,047) for President Dr Mohamed Waheed’s trip abroad two days before the run-off election.

Waheed has previously described this as a personal trip to Singapore to attend to First Lady Ilham Hussain’s medical matters.

Waheed, who on Sunday an hour before his presidency expired declared that he would remain in office until run-off polls take place on November 16, is scheduled to leave tonight night – just over a day before the polls.

Waheed’s decision – based on a Supreme Court verdict signed by the four judges who had annulled the initial September 7 presidential election – contradicts a parliamentary motion to appoint the speaker of parliament as an interim president, citing Article 124 of the constitution.

While the President’s Office stated that Waheed and his cabinet of ministers will be serving for the additional six days without remuneration, the budget for the trip is over five times the monthly salary for the head of state.

“I do not think there is much I can do from here, things that I cannot do over the phone,” Waheed was quoted as saying in local media.

Local media further reported that the President’s Office had initially requested for a budget of MVR 1.3 million (US$84,306) for the trip, but the finance ministry did not approve the full amount citing procedural matters.

Finance Minister Abdulla Jihad confirmed the figures to Minivan News, stating that the funds have now been released.

“What we at the ministry follow is the Supreme Court’s orders. Since they have stated that the president can remain in government until a new president is elected, we are entitled to release these funds for President Waheed’s trip,” Jihad explained.

Jihad also said that the over half a million rufiyaa has been released for an official presidential trip to Hong Kong and Malaysia scheduled for November 14 -15.

Waheed however has informed local media that he is leaving on the night of 14th on a “personal trip regarding medical treatment” of First Lady Ilham Hussain.

He declined from stating even a tentative time of return, saying instead that he “will need to consider the situation back in the Maldives first”.

President Waheed further stated that he does not have a direct role in the swearing in of a newly elected president, and therefore did not believe that his absence would cause any difficulties.

“No legitimate government, do not carry out transactions”: Finance Ministry

Finance Ministry Permanent Secretary Ismail Ali Manik also confirmed to Minivan News that the funds have been released for President’s Waheed trip, adding that further details can be provided by Financial Controller Ahmed Manik.

Earlier in the week, the ministry circulated an internal memo instructing all staff members to refuse to run any financial transaction of state funds without the explicit permission of the financial controller.

The memo – signed by Permanent Secretary Manik – stated that the Waheed administration had constitutionally come to an end on November 10, and therefore to refrain from carrying out any financial transactions of the state within the date of the memo and the establishment of a new government.

A senior official of the Finance Ministry – on condition of anonymity – stated that the memo was released with the purpose of protecting civil servants in the ministry.

“The political appointees will leave at some point, but the civil servants will stay on. It is the civil servants who will then in the end be held responsible for whatever transactions that may have taken place in this time of uncertainty,” he stated.

“It is the minister’s personal view that he should be following the Supreme Court verdict. The permanent secretary has – as is evident by the memo – declared that there is at the moment no head of the ministry and therefore asked all staff to go to the financial controller for approval of all transactions,” he said.

Financial Controller Ahmed Manik was not responding to calls at the time of press.

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President says he is “unconcerned” as Maldives back on CMAG formal agenda

The Commonwealth Ministerial Action Group (CMAG) has decided to place the Maldives back on its formal agenda, “pending the holding of a credible election on 16 November and the inauguration of a new president”.

President Dr Mohamed Waheed is meanwhile quoted in local media as saying, “Let CMAG decide whatever they will” and that his concern is about having Maldivians “approach elections in a satisfied manner”.

CMAG discussed the situation in Maldives in a meeting held in Colombo, Sri Lanka on Wednesday, three days ahead of the scheduled polling day for the presidential run-off in the Maldives.

According to their official statement, “ministers expressed their deep disappointment that the Maldives presidential election process had not concluded prior to the expiration of the President’s term in office on 11 November 2013”.

As the constitutionally mandated date for the swearing in of a new elected president – November 11 – passed, incumbent President Waheed announced that he would remain in office as per a verdict released by the Supreme Court.

Waheed’s decision – based on a Supreme Court verdict signed by the four judges who had annulled the initial September 7 presidential election – contradicts a parliamentary motion passed to appoint the speaker of parliament as an interim president, citing Article 124 of the constitution as a basis.

“The Group noted that the breach of the 11 November constitutional deadline to inaugurate a new president followed repeated delays to the electoral process, as a result of annulment by the Supreme Court of the first-round election on 7 September and the failure to proceed with three further elections on 28 September, 19 October and 10 November,” the statement read.

“Despite this serious setback to the democratic process, CMAG was pleased to note that domestic and international observers, including the Commonwealth Observer Group, had found the first-round presidential election held on 9 November to be credible.”

“Ministers emphasised the urgency of ensuring a swift conclusion to the electoral process. In this regard, CMAG stressed the importance of the second-round election taking place as scheduled on 16 November, in a credible and peaceful manner, and of the newly elected president being inaugurated promptly thereafter.”

“Election delay is not reason enough to place on agenda”: President

Waheed has been quoted in local media as saying he did not accept that the delay in electing a president prior to November 11 is reason enough for CMAG to place the country back on its formal agenda.

He also revealed today that he would be leaving the country indefinitely tomorrow evening, suggesting that there was nothing he could not handle over the phone prior to his promised resignation on Saturday evening.

“The objective of placing the Maldives on its formal agenda is to push for elections still. To pressure Maldivians to elect a president and swear him in soon,” he said, adding that election preparations are “already proceeding very smoothly here”.

“I don’t think that it is because CMAG says, or Commonwealth says, or some foreign government says that we should do things. We should do things as we feel right, as is in the best interests, and in a way we can achieve the best possible results. In whatever way is best for citizens,” Waheed said.

“This country has been divided into two. None of them can rule this country without the other. Whoever wins will need to talk to the other side, and include them in their work. It must not be done in a manner where half the country rules, and the other half is sidelined. That will never bring peace and fulfillment,” he stated.

He said that it is in the best interests of the nation to hold the second round of elections next Saturday, and regardless of how small a margin the election is won with, the winning candidate must be allowed to stay on.

Maldives was previously placed on the CMAG formal agenda in February 2012 – following the controversial transfer of power, and was removed from it on April 2013.

Today’s CMAG statement concluded urging the presidential candidates, the security services, and other state institutions to extend full co-operation to the Elections Commission so that it is “free to carry out its constitutionally-mandated role and the people of Maldives are able to exercise their fundamental right to elect their president”.

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Maldives re-elected unopposed to UN Human Rights Council

The Maldives has been elected unopposed to the UN Human Rights Council for a second term, despite controversy over the legitimacy of the government.

“The Maldives believes that increasing the human rights resilience of the new and emerging democracies should be a priority for the Council and the entire UN system. The Maldives, being an emerging democracy itself, is ideally placed to contribute to the Council’s efforts in helping human rights promotion in such countries,” read a statement from the Maldivian Foreign Ministry.

President Mohamed Waheed announced that he was extending his term in office past the November 11, half an hour before it was due to expire. The international community has expressed concern and alarm that this has left the Maldives in a constitutional void, including the US, UK, Canada and the Commonwealth, which today placed the country on the agenda of its human rights and democracy arm.

The Foreign Ministry meanwhile said the Maldives had “stood for the voiceless in the international society; for the issues that affect the very fundamental values of human rights yet, hardly get a mention in global human rights debate; and it stood for helping the vulnerable and emerging democracies to cultivate the values of human rights in their societies.”

The Maldives was elected unopposed with 164 votes, alongsi Vietnam and Saudi Arabia.

The Asian Centre for Human Rights (ACHR) stated yesterday that the country’s re-election to the council in the absence of having a democratically-elected government “is a mockery and sends an absolutely wrong message about the UN Human Rights Council. The credibility of the United Nations can only be restored through suspension of the membership of Maldives from the UN Human Rights Council like Libya in 2011.”

Former Foreign Minister Dr Ahmed Shaheed, currently UN Special Rapporteur on Iran who was integral to the Maldives’ first election to the council in 2010 with 185 votes – the highest ever – noted the “vastly reduced majority from 2010.”

“There was also competition that year. This year, there was no competition: only four countries stood for the
four vacant seats. So there really was no choice for the General Assembly but to vote for Maldives,” Dr Shaheed told Minivan News.

“Given that fact that an MDP government is likely to be voted in next week, the Council Members will then have in Maldives a very pro-human rights partner, certainly in terms of the debates and votes in the Human Rights Council,” he noted.

“Finally, the Missions in Geneva and New York have been taking reasonably pro-human rights decisions, with the diplomats there using the void in the top in the Foreign Ministry to support pro-human rights decisions,” he said, congratulating the Maldives’ Ambassador to Geneva, Iruthisham Adam “for doing a remarkably good job in representing the flag, notwithstanding difficulties placed in her way by an autocratic
government.”

“But having said that, it is ironic that Maldives should now go back on the agenda of CMAG just as it got elected to the HRC,” he observed.

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Asian Centre for Human Rights calls for travel ban for those responsible for Maldives’ “judicial coup d’état”

The Asian Centre for Human Rights (ACHR) has recommended the international community impose travel and other restrictions against President Mohamed Waheed, Police Commissioner Abdulla Riyaz and Supreme Court Justices Ahmed Abdulla Didi, Abdulla Saeed, Adam Mohamed Abdulla and Ali Hameed Mohamed.

“The time has come to ensure that all those who subvert democracy and the rule of law are held accountable by denying visas as well as any association including employment opportunities by the United Nations and other inter‐governmental organisations,” stated the regional NGO, which has special consultative status with the UN’s Economic and Social Council (ECOSOC).

In a damning 12-page report on the current situation, ACHR declared that the Supreme Court should not have entertained the Jumhooree Party’s (JP) “frivolous petition” to delay the run-off polls after the November 9 re-vote, as the party had placed third and was not even contesting the poll the following day.

“There is no guarantee that the second round of election will be held on 16 November 2013. There are legitimate apprehensions that the ongoing election processes will be subject to further litigation before the Supreme Court is compliant to Gayoom’s forces. There are also legitimate fears that the elections slated for 16 November 2013 will not be free and fair as the Maldivian Police and pro‐Gayoom forces will resort to violence,” the ACHR warned.

Noting that strong calls by the international community for free and fair elections had had “very little impact” and been rebuffed by President Waheed, “the time has come for the international community including the United Nations, European Union, the Commonwealth and India to take decisive action to restore democracy in the Maldives,” ACHR stated.

The organisation in its report recommended:

  • President Mohamed Waheed should not be recognised as President of Maldives beyond 11 November 2013 and engagements with all the diplomatic missions of Maldives be downgraded until a legitimate and democratically elected President takes over in Male through the run‐off election slated for 16 November 2013;
  • Ensure that no new agreement including for bilateral and/or multilateral aid is signed with the Government of Maldives until a legitimate and democratically elected President takes over in Male through the run‐off election slated for 16 November 2013;
  • Ensure a travel ban through denial of visas to Mohammed Waheed and four judges of the Supreme Court of Maldives namely Justices Ahmed Abdulla Didi, Abdulla Saeed, Adam Mohamed Abdulla and Ali Hameed Mohamed and the Maldives Police Commissioner Abdulla Riyaz by any member State of the United Nations;
  • Ensure boycott of Mohammed Waheed; four judges of the Supreme Court of Maldives namely Ahmed Abdulla Didi, Abdulla Saeed, Adam Mohamed Abdulla and Ali Hameed Mohamed; and the Maldives Police Commissioner Abdulla Riyaz including through denial of employment or any invitation to any programmes organized or hosted by the United Nations and other inter‐governmental organisations;
  • Ensure  that Maldives is  suspended as a member of the Commonwealth in  the  CHOGM  2013  being  held  on 15‐17  November  2013  if  elections are  not  held  as  scheduled  on  16 November 2013.

The organisation noted that the Maldives was today coincidentally due to be re-elected unopposed to the UN Human Rights Council, despite having no legitimately-elected government.

“The re-election of Maldives as a member of the UN Human Rights Council at the UN General Assembly today despite having no legitimate government in Male is a mockery and sends an absolutely wrong message about the UN Human Rights Council. The credibility of the United Nations can only be restored through suspension of the membership of Maldives from the UN Human Rights Council like Libya in 2011.” said Suhas Chakma, ACHR Director.

Earlier today the US government said it was “deeply concerned” by President Mohamed Waheed’s “unprecedented decision” to remain in power past the mandate of his presidency, which expired on November 10.

“This action has endangered the Maldivian people’s right to elect a leader of their choice,” stated the US Embassy in Colombo.

Canadian Minister of Foreign Affairs Minister John Baird also slammed the Supreme Court’s “disappointing” decision to delay the run-off vote until after the expiry of the presidential term, which he said “undermines both the Maldives’ constitution and the people’s faith in elections.”

“The term of the current government has now expired without a newly elected government to replace it. This is the case despite two free and fair elections over the last two months,” Baird remarked.

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Waheed’s “unprecedented” decision to stay “has endangered the Maldivian people’s right to elect a leader of their choice”: US

The US government has said it is deeply concerned by President Mohamed Waheed’s “unprecedented decision” to remain in power past the mandate of his presidency, which expired on November 10.

“This action has endangered the Maldivian people’s right to elect a leader of their choice,” stated the US Embassy in Colombo.

“The democratic process must be supported by quickly concluding a free, fair, transparent and inclusive runoff election that results in the prompt inauguration of the new president. In the lead up to the November 16 second round vote, it is important to avoid violence and for the police and military to show restraint and respect the human rights of all Maldivian citizens,” the US Embassy stated.

Cabinet ministers revealed yesterday that Waheed had arrived at the President’s Office late on Sunday evening prepared to resign and hand over power to the Speaker of Parliament, as stipulated by Article 124 of the constitution, but claimed to have convinced him otherwise. His Vice President, Waheed Deen, had resigned that morning.

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

“Many Maldivians, international organisations and countries are pressuring me to resign and temporarily hand over the government to the People’s Majlis Speaker. On the other hand, even more citizens want me to stay on, to continue with administration of the country, to carry out my duty,” Waheed claimed.

After making the statement, Waheed and his wife were escorted off Male to the presidential retreat of Aarah, as violent protests erupted in the capital.

Canadian Minister of Foreign Affairs Minister John Baird slammed the Supreme Court’s “disappointing” decision to delay the run-off vote until after the expiry of the presidential term, which he said “undermines both the Maldives’ constitution and the people’s faith in elections.”

“The term of the current government has now expired without a newly elected government to replace it. This is the case despite two free and fair elections over the last two months,” Baird remarked.

Transparency Maldives echoed these concerns, stating it was “deeply concerned that the people of the Maldives have been denied the right to elect a President before the constitutional five-year term of the incumbent government expired on 11 November 2013.”

Transparency conducted the largest election observation with 400 observers across the country and at overseas polling booths, and praised the Elections Commission’s conduct of the revote on November 9 as peaceful, credible and “well-administered despite challenges.”

Terming the Maldive’s current situation a “constitutional crisis”, Transparency said it was “regrettable that political actors failed to find a democratically inclusive solution to the constitutional crisis that respects the spirit of the Constitution. The spirit of the Constitution reflects the basic democratic principle that state power must always lie with the people and their elected representatives.”

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Maldives police, thugs clash with pro-democracy protesters

Riot police, protesters and thugs brutally clashed during demonstrations last night, after President Mohamed Waheed declared he would stay in power beyond the conclusion of his presidential term.

Waheed’s decision half an hour before the expiry of his term prompted people to take to the streets in Male’.

While the majority of protesters were Maldivian Democratic Party (MDP) supporters, other political parties were also demonstrating to demand the constitution be upheld and Shahid be sworn in as president, a protest participant told Minivan News.

The Supreme Court on November 9 upheld its earlier ruling from October 7 stating that Waheed could remain in power past the conclusion of his term on November 11, dismissing a parliament resolution passed last week demanding the installment of the speaker after the expiry of the term.

Waheed, who received just 5.13 percent in the annulled first round vote on September 7, had previously declared that he had no intention of remaining in power “even a day after November 11”.

Prior to Waheed’s announcement, Minivan News observed large numbers of riot police assembling in Republic Square. Following Waheed’s declaration to remain in power protests immediately erupted in Male’.

About 100 protesters on foot and motorcycles had gathered in front of police barricades near Majeedia School on Sosun Magu by 11:45pm (November 10), continuously blasting vehicle horns and shouting at the Maldives Police Service (MPS), calling for Shahid to assume the presidency.

After the protesters moved the police barricades and began walking toward the People’s Majlis (Parliament), Special Operations (SO) police responded forcibly, hauling individuals from the crowd into custody, while aggressively forcing protesters back toward Sosun Magu.

Minivan News witnessed SO police pushing two young Maldivian women as well as a female Chinese photographer to clear the intersection.

Meanwhile a group of at least six police officers surrounded a male protester who was retreating back toward Sosun Magu, brutally beat him with their batons and pepper-sprayed his face at point blank range, before taking the man into custody. Another male protester on a motorcycle – who was in the process of turning to head back toward Sosun Magu – was hauled off his bike and beaten by multiple police officers.

Multiple protesters warned Minivan News to be cautious of “drunken thugs” dispersed among the crowd in a bid to incite violence.

A number of protesters alleged that the Progressive Party of Maldives (PPM) had hired gang members to act aggressive and violent, to prompt police to crackdown on the demonstrators.

“Everyone says this will continue until [former 30-year autocratic ruler] Maumoon Gayoom dies. He has too much money, power and influence. He does not want to let go,” 28 year-old Ahmed lamented. “And his corrupted family web have tentacles in everything.”

“The mafia keeps holding on to power. Today is a black day because we are going to crush down our own constitution,” said 27 year-old Saeed.

Shortly after being forced from the intersection, demonstrators surrounded and temporarily hijacked two city buses, pushed them toward the intersection and attempted to tip them over. Large stones were then hurled toward the riot police before they charged the crowd and arrested more people.

By approximately 2:00am the crowd had swelled to around 1000, who were primarily gathered near the intersection as well as scattered down the length of Sosun Magu.

Over 250 SO riot police were present and made multiple incursions into the crowd, charging demonstrators before dragging them away into custody. Some protesters near the police line were throwing stones, making a blockade with bicycles, and removing police barricades. However the vast majority were demonstrating peacefully, with a few sitting down in front of the barricades.

During one particularly violent ‘snatch and grab’ operation around 2:30am, Minivan News heard a small explosion before riot police stormed into the demonstration.

SO officers proceeded to rip the clothes off of a middle-aged man while arresting him. The protester had to hold his ‘mundu’ (traditional sarong) with one hand while being led away to prevent being undressed..

Minivan News also witnessed police hitting and trying to drag into custody a former Province Minister who was peaceably protesting; ultimately he was not arrested.

A group of riot police then began shoving photographers and journalists down the sidewalk, in addition to forcing protesters further south down Sosun Magu. The police line moved aggressively and a group of about 20 people were forced to seek refuge in an alley to prevent being trampled or injured.

Minivan News was repeatedly told by the Maldives Police Service (MPS) to stay behind police lines or be treated as a protester and risk injury. A photographer for local media outlet Haveeru sustained a head injury while reporting on the demonstration.

Additionally local media outlet Raajje TV claimed to have witnessed police leading away man by the groin.

“They are arresting him so they can go rape him,” two female protesters shouted at the SO as the man was being led away.

Police also grabbed a female protester’s buttocks and were beating old ladies on the side of the road, a protester alleged to Minivan News.

As the police crackdown grew more violent, the protesters’ response escalated, with more individuals throwing stones, while a few set fire to a barricade.

The demonstrators began chanting “money money SO”, and yelling insults at the riot police.

“What is the point in peacefully protesting? That’s what we’ve been doing since the February [2012] coup and nothing has changed,” said a 26 year-old protester.

“Every time [we protest] it’s like a flash of light which enlightens the whole country and then the light goes off for another week or more. It’s been like that since last February. People are feeling hopeless,” he continued.

“We just have a new dictator baghee [‘traitor’] Waheed; he’s Maumoon’s puppet,” he added.

Meanwhile a young boy, who appeared to be about eight years-old, showed Minivan News two stones that he indicated he was going to throw at the riot police. Shortly after, Minivan News learned the boy had been punched in the face and his bloody nose was being tended to by a half-dozen female protesters.

“This is nothing new. The security services have been acting this violent since Maumoon’s time. At least now you can talk about him without being jailed and tortured,” a former political prisoner and torture victim told Minivan News on condition of anonymity.

By 3:30am the crowd had thinned to around 200 protesters, at which point Minivan News witnessed a group of around six men that appeared to be in their 20’s arrived on motorcycles. The group proceeded to surround an MDP protester, forced him against the wall of a building, violently beat and attempted to stab the man with a large kitchen knife.

Police did not respond to the situation for several minutes – despite observing the attack – and eventually proceeded to take the victim into custody.

“Earlier the victim had been throwing stones at police,” an eyewitness told Minivan News. “I saw a police officer pick up the knife [after the attack], but they did not go after the thugs.”

“These gangsters were probably told who to target by the SO,” he alleged.

It is unclear whether the suspected attacker was taken into police custody or led away and then released, as there were conflicting eyewitness accounts.

SO police then proceeded to form a line and forced the remaining protesters and journalists to clear the area.

“There’s no law here according to the Supreme Court, President and police,” said a 27 year-old protester. “It’s a mafia state run by Maumoon and [PPM Presidential Candidate Abdulla] Yameen.”

Minivan News witnessed police arrest more than 25 individuals throughout the course of the protest.

As of 5:00am, one individual had been admitted for a minor head injury sustained in a fight, an Indira Gandhi Memorial Hospital (IGMH) official told Minivan News.

While ADK Hospital told Minivan News that one person was in the emergency room, but could not specify the type of injury.

Police report

Minivan News called Police Spokesperson Chief Inspector Hassan Haneef today (November 11), who requested he be contacted via the police media line instead of his personal number.

Upon doing so, the officer who answered stated the call had been misdirected to the wrong line and requested Minivan News redial the police media line. After repeatedly redialing the police media line there was no response.

The MPS ran a live blog throughout last night’s protest that stated 24 individuals had been arrested.

23:58: A protester has thrown a stone at and injured a police officer.
00:38: A protester threw a rock that hit and injured a journalist. We have received information that he is being treated at ADK hospital.
00:49: Protesters on Sosun Magu are from time to time throwing rocks at police.
00:49: Police have detained an individual for breaking through police barricades.
00:58: Police have detained 6 individuals, including a woman, for breaking through police barricades.
01:05: Some individuals among the protesters on Sosun Magu have vandalized the traffic lights at Sosun Magu/Majeedhiyya School junction.
01:55: A device that appears to be a molotov cocktail exploded in front of the Naadhee Building on Sosun Magu.
01:59: Police have arrested 6 people for obstructing police duty.
02:05: Police have arrested four individuals for crossing police barricades and obstructing police duty.
02:08: Individuals among the protesters on Sosun Magu have kicked down some bicycles on Sosun Magu.
02:18: Police barricades have been torched.
02:19: We have received reports that protesters are from time to time throw rocks and bottles at the media personnel.
02:20: Police have doused the torched police barricades.
02:24: Police are trying to set back the protesters at Roashanee Building on Sosun Magu.
03:21: Police have detained three women who broke through police barricades.
03:31: Police have started to push back the protesters in front of Majeedhiyya School on Sosun Magu.
03:38: Police have arrested four individuals for disobedience to order as they push back protesters.
04:00: Protesters have voluntarily left the area.

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Speaker advises state institutions that Waheed no longer in power

Additional reporting by Zaheena Rasheed

Speaker of Parliament Abdulla Shahid has sent a letter to President Dr Mohamed Waheed informing him that his term as president expired at midnight, and informing him that he was no longer in command of the country.

Waheed yesterday declared that he would remain in power until the run-off vote scheduled for November 16, before boarding a speedboat off Male with his wife as violent protests and a police crackdown began to shake the capital.

Parliament last week passed a resolution calling on the speaker to run an interim government until the election after the expiry of Waheed’s term. However the Supreme Court issued a verdict on the day of the re-vote, November 9, upholding its earlier edict that Waheed remain in power.

The speaker’s letter called Waheed’s attention to Article 107 of the constitution which limits the presidential term to five years, and Article 262 which says Article 107 can only be amended if three quarters of the Majlis approves of the change and if a majority of the public votes for it in a public referendum.

As there is no other way to extend presidential term, the speaker informed Waheed: “The presidential term which began on 11 November 2008 ended on 10 November 2013 and the term cannot be extended unless the procedures laid out in Article 262 are followed.”

Speaker Shahid also noted that the constitution mandated all three branches of the state, staff employed by the state, and all citizens to fully obey and act within the confines of the constitution.

Therefore, any act committed in violation of the constitution was illegal as per Article 268 of the constitution, the letter highlighted.

The Speaker also sent a similar letter to Chief Justice Ahmed Faiz, Chief of Defence Forces Major General Ahmed Shiyam, Elections Commission President Fuwad Thowfeek, Human Rights Commission of the Maldives President Mariyam Azra, Civil Service Commission President Dr Mohamed Latheef, Prosecutor General Ahmed Muizz, Auditor General Niyaz Ibrahim, and Anti corruption Commission President Hassan Luthfy.

The Commonwealth Secretary-General’s Special Envoy to the Maldives Sir Donald McKinnon has meanwhile expressed “dismay” at Waheed’s decision to remain in office “against the letter and spirit of the constitution.”

McKinnon had earlier called for an interim government, invoking Article 124 which concerns the succession of the speaker should the posts of president and vice president become vacant. Vice President Waheed Deen had already resigned earlier that morning.

“In the absence of a political agreement, the people must look to their Constitution for guidance and have confidence in their Constitution. Article 124 makes clear the spirit and intent of the Constitution for situations such as the one the country is currently facing,” McKinnon stated.

Waheed, who received just 5.13 percent in the annulled first round vote on September 7, and who had previously declared he had no intention of remaining in power “even a day after November 11”, said: “Many Maldivians, international organisations and countries are pressuring me to resign and temporarily hand over the government to the People’s Majlis Speaker. On the other hand, even more citizens want me to stay on, to continue with administration of the country, to carry out my duty.”

Sir McKinnon said today that Waheed’s decision was “regrettably, not unexpected despite best efforts of the Commonwealth and the United Nations to encourage the President to stay within the constitution.

“I understand people’s anguish, but calm must prevail in the interests of all Maldivians. I naturally hope that the second round of the election will go ahead on 16th November, as pledged by the President in his address to the nation.”

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President declares he will remain in power until November 16

President Mohamed Waheed has declared he will stay in power beyond the conclusion of his presidential term, but said he will resign on the day of the run-off, scheduled November 16.

Waheed was due to address the nation at 10:30pm – an hour and a half prior to the expiry of his term – however the announcement was delayed by 45 minutes. His Vice President Waheed Deen resigned this morning.

Minivan News observed large numbers of riot police assembling in Republic Square, prior to Waheed’s announcement tonight. Protests immediately erupted in Male as Special Operations Police clashed with demonstrators near Sosun Magu, with at least 600 people at time of press throwing rocks at riot police.

Waheed, who received just 5.13 percent in the annulled first round vote on September 7, had previously declared that he had no intention of remaining in power “even a day after November 11”.

“To the best of my ability, I attempted to hold a peaceful election in which all candidates and the citizenry’s rights are protected. This is because an election that is inclusive and acceptable to everyone is in the highest interest of this country,” Waheed said on Sunday night.

“The current presidential term will end at midnight tonight. Since the constitution does not state what must happen in this situation and since there is a fear of a constitutional void, and since this can be solved through a constitutional amendment, I asked the People’s Majlis to solve this issue. However, the best solution was not found and since the constitution does not state what must happen, the Supreme Court has decided the government will continue instead of going into a constitutional void. And they have ruled there is no other constitutional norm,” he declared.

“Today, as the head of state, my responsibility is to protect the country’s highest interests. Many Maldivians, international organisations and countries are pressuring me to resign and temporarily hand over the government to the People’s Majlis Speaker. On the other hand, even more citizens want me to stay on, to continue with administration of the country, to carry out my duty,” Waheed claimed.

“None of these decisions will be easy for me or the country. No matter what I do, the days to come will not be easy. Hence, upon discussions with many parties, and since I have worked in the past 21 months to hold a peaceful and smooth election, and since the Elections Commission has decided to hold the election on the 16th of this month, I will continue with the duties of the president until the end of the 16th day of this month.

“But I also inform you I will resign my post at the end of the 16th day. I have decided so after many relevant authorities gave me the certainty the election will be held on he 16th. I assure you, my citizens, that you are the closest to my heart and most loved people,” he said.

Images on social media appeared to show Waheed departing Male on a speedboat, flanked by security.

Speaker of parliament Abdulla Shahid tweeted following Waheed’s announcement: “A government is not legitimate unless it is carried on with the consent of the governed. As of 11 November 2013, we have no legitimate government.”

Senior and mid-ranking Maldives National Defence Force (MNDF) officers as recently as yesterday were appealing to their colleagues not to recognise the authority of the President and his cabinet after midnight November 10. Former head of military intelligence Brigadier General Ahmed Nilam was meanwhile summoned to police headquarters prior to Waheed’s announcement.

The Supreme Court on November 9 upheld its earlier ruling on October 7 stating that Waheed could remain in power past the conclusion of his term on November 11, dismissing a parliament resolution passed last week demanding the installment of the speaker after the expiry of the term.

Yameen refused to sign the voter lists needed under Supreme Court guidelines to hold today’s election, declaring that he would only be ready for a vote after November 13.

“I am certain that President Waheed will stay with the Maldivian people at this most difficult time we are facing. I have no doubt about that,” Yameen said following the revote on November 9.

His demand was followed by a stamped but unsigned ruling issued at 5:30am on Sunday morning by the Supreme Court two hours before polls were due to open, which declared that the run-off vote should be held on November 16 despite the Elections Commission and all candidates previously agreeing that it should be held on November 10.

Waheed’s decision to remain in power follows stern statements from the UN, Commonwealth and US expressing “deep concern” at the Supreme Court’s repeated interference in the election, and implied the need for an interim government following the conclusion of the presidential term.

The Commonwealth Secretary-General’s Special Envoy Sir Don McKinnon highlighted Article 124 of the constitution concerning the transfer of power to the Speaker of Parliament should a President resign or be otherwise incapacitated.

“In the absence of a political agreement, the people must look to their Constitution for guidance and have confidence in their Constitution. Article 124 makes clear the spirit and intent of the Constitution for situations such as the one the country is currently facing,” McKinnon stated.

“Article 124 reflects the basic democratic principle that the state’s power must always lie with the people and their elected representatives. This is the fundamental underpinning of the Constitution. Elected representatives speak for the people. I therefore believe that Article 124 offers the most appropriate guidance to avoid constitutional uncertainty and sustain the support of the people,” McKinnon said.

The US Embassy in Colombo stated that “efforts by the Supreme Court to repeatedly and unduly interfere in the electoral process subverts Maldives’ democracy and takes decision-making out of the hands of the people. It is imperative that Maldives proceed to a runoff election with no further interference so that the democratic process can complete the transition to new leadership.”

Yameen is due to face Nasheed in the run-off now scheduled for Saturday November 16. Third-placed candidate Gasim Ibrahim declared he would not be supporting either candidate in the run-off, although his coalition partner the Adhaalath Party declared its support for Yameen.

Nasheed said on Sunday that if President Waheed continued in government he did not believe the president “or people aligned with him would want an election in the country. I think it is very clear that elections would go our way. If they do not intend to transfer power legally, then we do not see how they would want to have an election. So we don’t think there could be a conducive environment for elections. The Supreme Court will come out with another ruling upon the military or upon the police to definitely obstruct the elections. Come 1the 6th of November, we will be back to square one,” Nasheed said.

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