“We should be angry, not disheartened”: Nasheed

At 6:30am ahead of its second press conference on Saturday, the Elections Commission issued a statement advising that police had moved to prevent the election from taking place.

“As we continued with [preparation for] voting, the Maldives Police Services have said no document relating to the election can leave the commission’s offices, stopping the election,” the statement read.

“The Elections Commission has carried out all preparations to hold the first round of the presidential election on 19 October 2013 as per the Supreme Court verdict no 2013/SC-C/42.

“When we are informed of the next date for the election, we will announce the election,” the EC’s statement read.

The police issued an earlier statement at 5:30am stating that they “will not support an election held in contravention of the Supreme Court verdict and guidelines.”

In a letter addressed to EC President Fuwad Thowfeek, police informed him that “when the Supreme Court has ordered state institutions to ensure compliance with [its guidelines], the police will not support an election that contravenes the guidelines delineated in the verdict as such an act contravenes the Supreme Court verdict.”

“We have assured the Elections Commission that if the Supreme Court issues a ruling stating that elections can proceed even if certain tasks in the Supreme Court verdict 2013/SC-C/42 are not completed, then the Maldives Police Services will abide by such a ruling.”

The Elections Commission (EC) at 3:30am on Saturday morning declared the election would proceed as planned, despite the Progressive Party of the Maldives (PPM) and Jumhoree Party (JP)’s refusal to sign the voter lists yesterday.

“The PPM and JP failed to [sign the lists]. I believe their failure to do what they should do must not stop the entire system. Just because one person fails to do their duties, refuses to do what they must do, it does not mean everyone else must stop their work, and deprive the Maldivian citizen’s of their right to vote,” Thowfeek stated, at the 3:30am briefing.

Requiring parties to signing off the new voter lists was one of the 16 guidelines imposed on the EC following the Supreme Court’s annulment of the September 7 election. Those guidelines also order the EC to hold the first round before October 20.

The Maldivian Democratic Party (MDP) accepted and signed the new lists based on the Department of National Registration (DNR)’s records as per the Supreme Court’s request, noting that the 0.61 percent margin of error was “negligible”.

The JP and PPM could not be contacted immediately following the EC’s deadline to sign the lists on Friday, but subsequently declared unwillingness to sign without first verifying at least 10 percent of the new fingerprinted forms.

After a meeting between the EC, Home Ministry and the parties ended in a stalemate, the PPM and JP requested the Supreme Court delay the election, while the EC sought clarification from the court.

An early morning meeting between the Supreme Court judges present in the country resulted in a brief statement ordering the Elections Commission to abide by its guidelines.

Following the EC’s declaration that elections would be going ahead, the PPM issued a statement declaring the polls “unlawful”.

Minivan News has now ceased updating this news blog.

1:30am: Progressive Party of the Maldives (PPM) MP Ahmed Nihan has the party has held “long discussions” on how to proceed with the election, though said it had not put forward a possible date for voting to be held.

“Our only request is that the Elections Commisison (EC) hold a free and fair poll,” he said, adding that it still hoped that some number of those registered be verified through fingerprint identification.

Nihan argued that the PPM had requested that 10 percent of the registry be verified through fingerprint identification, with the JP asking for five percent.

Citing Elections Commissioner Fuwad Thowfeek and the challenges facing holding a vote, he added that it may not be possible to hold a vote by next Saturday (October 26).

“Re-registration has to be followed, there are people who could turn 18 years of age in between vote being held. We are asking for the election to be held as early as possible.
It could be held the day after tomorrow as far as we are concerned,” Nihan said.

Despite expressing that the party wished to hold an election as soon as possible, the PPM MP also said that concerns raised by the EC today of unknown individuals gaining access to the voter registry system also needed to be investigated.

01:00am: Some protesters are sleeping on Sosun Magu, whilst those still awake say they have no plans to leave.

12.25am: The Police Integrity Commission (PIC) has declared that the police had no legal mandate to intervene and stop elections this morning, local media has reported.

PIC Chief Dr Abdulla Waheed said that the commission had received a complaint into the events of this morning, being asked to investigate.

“We won’t take too long to probe the allegations,” he told Haveeru.

He did point out, however, that it was too early to comment on whether the direct responsibility lay with the police. Dr Abdulla noted that the commission could not rely merely on media reports.

12:02am: A police media official has told Minivan News that there had been no arrests made by police either in Male’ or the nearby island of Hulhumale’ as protests have continued throughout the day – with no notable clashes between protesters and its officers at time of press.

Majeedhee Magu has become quieter although some protesters remain.

12:00am Defence Minister Mohamed Nazim told local media that the government had agreed upon a new date for elections with the Elections Commission.

Nazim did not reveal the new date, however, stating that the EC would make the announcement later in the evening.

Meanwhile, EC Chair Fuwad Thowfeek told Haveeru that the election could not be held under the the Supreme Court’s guidelines and that the state must ensure an easier way.

Fuwad revealed that he had been asked by the government to hold elections before November 2, though he told state television this evening that the commission would require 21 days to amend the voter registry once again.

No official EC statement has been released as yet.

11:55pm: Hundreds of people from three islands of Addu Atoll have conducted a sit down in the area connecting Maradhoo and Feydhoo, MDP MP Ahmed Adham told Minivan News.

“After a while, PPM activists we recognise turned up alongside SO officers in full riot gear with shields,” alleged Adham. “The PPM activists started throwing stones and tried to provoke us into reacting. Then SO barged into the crowd and roughed up out protesters.”

Adham stated that six protesters were arrested and a number of others injured as the SO dispersed, though he noticed protests were continuing in multiple locations.

“The people are determined to continue protesting until we are granted our right to vote.”

11:50pm: The Maldives Police Service has urged anyone taking part in demonstrations across the country to show consideration to the wider public when conducting their protests.

“Since impeding on the rights of others while attempting to exercise one’s own constitutional rights is not the most responsible course of action, the Maldives Police Service strongly urges all demonstrators to not conduct themselves in such a way,” read an official statement posted online.

Police said that despite the peaceful manner of demonstrations, protesters should not try to adversely affect transportation either by land or sea.

“The Maldives Police Service also urges the demonstrators to always conduct themselves in ways that conform to the laws and regulations of the nation,” concluded the statement.

11.41pm: At a press conference this evening, the Jumhooree Party (JP) presented conditions for a re-vote and said the party is ready for elections on Saturday, October 26 if conditions are met, local media reports.

JP has demanded that the voter registry be sourced from the Department of National Registration’s (DNR) database and assurance from the National Center for Information Technology (NCIT) that the Elections Commission’s (EC) database is secure before and throughout the voting period.

JP is ready to approve the voter registry within a 24 hour period if the Elections Commission verified five percent of the reregistration forms via the police, allowed a three day period for candidates to raise complaints over the voter registry and addressed the complaints, CNM reported.

If a second round of elections needed to be held, they must be held before November 2 and an elected president must be sworn in at the end of the current presidential term on November 11, the JP said.

11:29pm: Maldives Transport and Contracting Company (MTCC) executive Ismail Fariq has said ferry services between Male’ and Hulhumale’ had resumed at 10:45pm after temporarily being halted due to protests at its terminal on the island.

“The protest has ended. It was a peaceful protest. No damages. No arrests,” he said.

Fariq added that the company’s Hulhumale’ bus service was also expected to “resume shortly” after being suspended for several hours today owing to protests.

11:09pm: President Dr Mohamed Waheed has told media he will not remain in office past the constitutionally mandate end of his term on November 11 – even if an elected head of state is not chosen by the deadline.

Local newspaper Haveeru, citing the Associated Press news agency, said he would not be comfortable staying on as head of state once his term is finished.

“I am not comfortable to stay on. As you know I had to take a very heavy burden in carrying out the responsibilities during the last year and a half. It would be my preference that there be an elected president and it would also be my preference if in case it is not possible, some other arrangement is made,” he was quoted as saying.

President Waheed, who obtained 5.13 percent of the popular vote during the now defunct presidential election held on September 7, announced on October 12 that he would not be standing in the rerun schedule originally scheduled for today.

He then claimed there was “room for doubt” over the integrity and fairness of this year’s polls, before yesterday calling on all parties not to act in a fashion that obstructs holding of the election and to prioritise national interest over personal interest”.

11:00pm: Intermittent but heavy downpours appear not to have affected the numbers of protesters on Majeedhee Magu.

10:35pm: Appearing on state television, Elections Commissioner Fuwad Thowfeek has said that it would take a minimum of 21 days to amend the voter registry once again as voters return from their Eid holidays.

10:00pm: Around 600 protesters on the island of Gan in Laamu atoll are protesting in front of the island’s province offices, explained MDP activist Naeemahtha.

“We’ve padlocked the main gates of this building which has the council offices, bank, and the majority of other service providers in it. We will not budge and do not intend to go home until we are given the right to vote.”

“Police turned up and tried to take away the lorry playing campaign music but protesters wouldn’t give them a chance to do so. They’ve left without the lorry now and the protest is proceeding in full swing.”

9:40pm: Speaking to supporters on Majeedhee Magu shortly before 6:00 pm, Nasheed threatened to arrest President Dr Mohamed Waheed Hassan, Defense Minister Mohamed Nazim and Police Commissioner Abdulla Riyaz. He called on his supporters to continue to block Majeedhee Magu and shut down the city of Malé.

Unless we are able to carry out peaceful political activities, we cannot bring the change we wish to the Maldives. There has been a coup in the Maldives, and the coup backers, in order to maintain that coup, are committing bigger and bigger atrocities day after day. They overthrew an elected government through a coup. More than 18 months have passed since the coup. And when we asked for an election, when the election’s results became clear, they annulled the election and now are attempting to make sure an election does not take place.

This is 2013. Maldivian citizens are not apathetic and we will not let them get away with this. I repeat, I repeat, I will not get tired. I will not go home. When I fall, I will get up even faster, God willing, we will change the Maldives.

I assure you, we will not step back. They can beat us. They can arrest us, but this ideology cannot be erased. We will establish good governance in the Maldives.

There is no need to plan this. I call on every single citizen, as much as you can, do everything you can to arrest baagee [traitor] Mohamed Waheed Hassan. I will not speak about an election unless Baagee Mohamed Waheed and Baagee Mohamed Nazim and Baagee Riyaz are arrested. We can only hold a free and fair election in the Maldives when Baagee Mohamed Waheed is removed from power. I will do as much as possible to oust Baagee Mohamed Waheed. I will not stop, I will remain steadfast. My hope, my sincere appeal to all Maldivian citizens is to do all we can to remove Baagee Mohamed Waheed from power, to arrest him and jail him.

I say to Baagee Mohamed Waheed, God willing, I have more time than you do. Death is that which is closest to each and every one of us. And death is that which is the farthest from each and every one of us. I will do all I can to bring you down, to bring you to down to these Malé streets. Know very clearly, who we are. Know very clearly, where we grew up. We will not let go. We will not let go. We will not stay in our houses. We will not stop. We will not step back. We will go forward. We will go forward, with strength, with speed. We will win this election. We will change this coup government.

I call on you to block these streets. If Henveiru kids can do it, shut down Henveiru. Galholu will do it, Machangoalhi will try, Maafannu will try, let us shut down Malé. Malé cannot function, we must succeed.

Thank you. Do not worry. Be angry. Do not be disheartened. Melancholia lowers your spirits. Anger makes you determined, makes you act. We should be angry at this moment. This is not the time for melancholia. This is not the time to step back. This is the time to go forward. To come out and overthrow Baagee Mohamed Waheed. God willing, we will accomplish this task.

9:25pm: Minivan News has learned that all food being booked for the protesters up and down Majeedhee Magu has been donated by local shopkeepers and residents.

Protesters have named the hotdogs being served ‘Ali Hameed sausages’ in reference to the Supreme Court who has been the subject of investigations for his alleged role in a series of sex-tapes.

One protester, aged 28, shared her distress at the election delay with Minivan News:

“I’m lost, I don’t think we can trust these coup leaders – this is such a mess.”

9:18pm: Mohamed Haisham, a protester gathered at the Hulhumale’ ferry terminal this evening, has said that boat services from the island had been brought to a stop as part of ongoing peaceful action planned until a new election date is agreed.

Haisham said that around 200 people had gathered at the terminal this evening in order to bring internal transport to a stop in order to raise concerns over the delay to elections.

He claimed that a large majority of those protesting at the terminal and main roads across the island were young people aged between 18 and 35.

Haisham added that police had meanwhile been “very cooperative” with the ongoing protests.

“The police don’t have control here. They have agreed to let us protest as long as we don’t damage property,” he said.

Protesters this evening said they intended to continue their actions tomorrow (October 20) morning as part of efforts to try and shut down government offices.

9:05pm: The MDP’s peaceful protests continue along Majeedhee Magu, with groups still blocking the road’s major intersections. Small groups are sitting, playing cards, smoking sheesha, and cooking food. Live music is expected to start shortly.

9:00pm:

8:55pm: The Indian Ministry of External Affairs released a statement earlier today, expressing its disappointment that the election was not held as scheduled today.

India and the international community have been closely watching the developments in Maldives and are seriously concerned at the attempts to stall the democratic process. It is for the people of Maldives to decide their future, and their strong desire to elect a new president is evident from theturnout of 88% in the first round of elections held on September 7, 2013, which was considered free and fair by the large contingent of international and domestic observers present. Keeping in mind the wishes and aspirations of the people of Maldives, who have so far shown admirable patience and restraint, it is important that the electoral process is put back on track immediately with a definite timeline so that a new president is elected and sworn in on November 11, 2013 as mandated by the constitution. India calls upon the Government of Maldives and all parties concerned to fulfiltheir responsibility towards the people of Maldives by playing a constructive role in the elections process and fully assisting the Elections Commission in holding the Presidential elections without further delay.India also calls upon all parties to abjure violence and maintain calm.

8:46pm: Police have confirmed that officers are present at the Hulhumale’ ferry terminal where protests are ongoing. A police media official said no arrests had been made at the terminal, with protests continuing peacefully at present. Ferry operator the MTCC has meanwhile confirmed that it will discontinuing boat services to Male’ form the island this evening as a result of protests.
8:20pm: Speaking on local television a short time ago, Male’ City Council stated that it would stop services until the people’s “fundamental right to vote, a right we get every five years” is assured. Male’ City Mayor ‘Maizan’ Ali Manik said that, whilst mosques would be looked after, services such as waste management, issuing building and birth certificates would be stopped.

The council’s declaration – supported by eight of its 11 members – condemned the delay in the election and supported the MDP’s ongoing protests on the streets of Male’.

“I am telling you our council will not function until we have a date for an election and the election is conducted,” said Manik.

8:15pm: Maldives Transport and Contracting Company (MTCC) executive Ismail Fariq said that protesters had begun to gather near to the ferry terminal building on Hulhumale’, but services were continuing at present. The company added that it discontinued its bus services on Hulhumale’ earlier due to a situation it said was not accommodating to operate under.

8:11pm: Maldives Transport and Contracting Company (MTCC) executive Ismail Fariq has said that the company was aware of proposals for strike action this evening on some of its ferry services between Male’ and the islands of Hulhumale’ and Villimale’. However, Fariq said he did not believe there would be any service interruptions or cancellations at present. “We don’t know how the situation will unfold. We will not compromise any loss to our assets or staff,” he said.

The MTCC also operates a high speed boat service to Ibrahim Nasir International Airport (INIA), but does not operate standard ferries.

7:55pm: Secretary General of the Tourism Employees Association of the Maldives (TEAM) Mauroof Zakir has said no decision has so far been taken by its members to hold imminent strikes on any of the country’s resort properties. He said that TEAM had been receiving calls from its members expressing an interest in holding “peaceful gatherings” at resorts to highlight concerns over delays to the election. T

EAM last month announced it had committed its 5000 members to “prolonged” strike action should the election be delayed.

7:52pm: Elections Commissioner Fuwad Thowfeek and EC Deputy Ahmed Fayaz have met President Mohamed Waheed, Acting Home Minister Ahmed Shafeeu, Attorney General Azima Shukoor and Defence Minister Mohamed Nazim.

Thowfeek confirmed to Minivan News that Nazim had been appointed the government’s focal point for anything election-related. The Elections officials were pressed during the meeting to give a date for another attempt at the election, but said they would need to discuss this with the other EC members. EC members will be holding a meeting at 8:00pm to decide how to proceed.

7:06pm: MDP supporters are calling friends and telling them to come to Majeedhee Magu with food tonight, to participate in the ongoing sit-down protest in the capital.

7:00pm: Hulhumalé resident Mohamed Haisham has said protesters have blocked the road to the airport and main streets in Hulhumale, preventing buses from travelling.

6:53pm: The Maldives National Defence Force (MNDF) has confirmed the appointment of Defence Minister Mohamed Nazim as the government’s representative to the Elections Commission (EC), but has said denied the military will be taking a direct role in the electoral process.

MNDF Spokesperson Colonel Abdul Raheem confirmed that the military would not be taking an any additional role concerning the functioning of the EC. Defence Minister Nazim was not responding to requests for information at time of press.

6:09pm: Police have confirmed that they had consulted both the President’s Office and Attorney General Azima Shukoor ahead of taking their decision to physically obstruct polling scheduled for this morning. A police media official confirmed that no consultation was held with the Prosecutor General’s Office on whether to cancel polling. Several legal experts including senior figures serving under both the current and present governments have told Minivan News today that the Maldives Police Service had no legal mandate to prevent elections from happening today in the absence of a direct court order. Meanwhile, the Commonwealth Observer Group here to oversee election conduct earlier today issued a statement distancing itself from comments made by police alleging it had provided advice on delaying polls. Police also retracted the claim.

5:52pm: Commonwealth Secretary-General Kamalesh Sharma had said he is “extremely concerned by the further stalling of the democratic process in Maldives, following the stopping this morning of the scheduled 19 October presidential election.” The latest development follows the postponement by the Maldivian Supreme Court of the second round of the election scheduled for 28 September and the subsequent annulment of the 7 September first round election. The Secretary-General noted that the continuing delay was “of deep concern, given that the term of the current government will expire on 11 November 2013.” Mr Sharma said:

“I cannot stress firmly enough how critical it is for all state institutions and presidential candidates to cooperate in good faith to ensure that this election can take place as soon as possible. It is essential that the independent Elections Commission is able to conduct an election, consistent with international electoral standards, without any unnecessary delay. “The people of Maldives have already demonstrated, on 7 September, their strong desire to cast their votes and express their collective will. It is the moral responsibility of political leaders and those who hold positions of authority to ensure that the Maldivian people can exercise their fundamental constitutional right to elect their president.”

The Secretary-General said he would continue to monitor developments very closely in the coming days, given the fundamental importance of democratic values to the Commonwealth.

5:48pm: Haveeru reports that Defence Minister Mohamed Nazim has been appointed the government’s representative for the elections. Nazim reportedly said he had negotiated a date with the Elections Commission to hold polls and was inviting presidential candidates to meet him this evening. “The Elections commission will announce a date later tonight,” Nazim said. Minivan News is seeking to confirm this with the Elections Commission.

5:40pm: The NGO Federation has issued a statement “condemning in strongest terms” the actions of police preventing the elections from taking place as scheduled.

The NGO Federation in strongest terms condemns the actions of the Maldives Police Services to prevent the efforts made by the Elections Commission – the state institution constitutionally mandated to hold and organise elections – to hold the rerun of first round presidential election on October 19, by not cooperating with the commission and obstructing them without any court order. We call on the Head of State, President Mohamed Waheed Hassan and all state institutions to immediately assist in creating an environment that would pave way for the Elections Commission to operate independently and autonomously. We also appreciate and acknowledge the hard work and sacrifices made by the members and staff of Elections Commission to ensure the right of the people to freely cast their vote, and encourage the commission to remain determined in its continued efforts to hold free and fair elections. As the article 4 of the Maldivian Constitution explicitly states that all powers of the state are derived from the people and remain with the people, we call upon all political figures of the country who have been obstructing and preventing the people from rightly electing their ruler to immediately stop their actions, and act in a responsible manner and to respect the democratic principles adopted by the people of Maldives. We call on the Prosecutor General, the Chief Justice and all relevant authorities to uphold the law and take action against those who are responsible for depriving the people of their most fundamental right of right freely cast their vote guaranteed by the constitution, and those responsible for undermining the power and the authority of Elections Commission vested under the Elections Commission Act and General Elections Act.

5:30pm:Police attempts to drive through the intersection failed after near 10 minutes after protesters surrounded the vehicle, forcing it to back up and detour. “You can’t have your way all the time, baghees (traitors),” said one protester.

“This is my country too. Ride over us if you dare, or back away,” said another. “You trampled our votes. Let ‘s see if you’ll dare run over us,” said a third.

5:33pm: DRP MP Ali Azim at the sit down protest urged the public: “Don’t go out to work. Call your family and friends, tell them to stop work.” Meanwhile, a barbecue appears to be underway in the intersection.

5:27pm: A 34 year-old man at the sit down protest said: “We sitting in joles (traditional Maldivian seat) and blocking the road as there are no more rules according to the police. We can do anything we want now according to them.” A 29 year-old protester added sarcastically, “We are all gathering here because the Commonwealth told us to.”

5:24pm: Small numbers of people are obstructing nearly every junction on the main road of Majeedhee Magu, with tables, vehicles and tarpaulins with people sitting. The majority remain concentrated near city hall.

5:15pm: 33 year-old artist Ahmed Khalid at the sit down protested said: “I am embarrassed by the Supreme Court. The police are in control of this country. This is a coup. We want the Majlis members to get us our right to vote. There is no hope, but we will keep trying.”

5:00pm: Male is becoming difficult to travel around with police and military blocking are area around Republic Square, Supreme Court and the President’s Office, while the MDP blocks a key junction on the main road Majeedhee Magu. Protesters have cordoned off the streets with human chains, yellow cords, vehicles including motor bikes and trucks. Protesters are slowly blocking more junctions, in an apparent attempt to close down all of Majeedhee Magu.

4:40pm: Smaller crowd on Sosun Magu – around 40 people – staging similar sit-down protest blocking traffic. Signs held my protesters read ‘Where is the voice of the citizens?’, ‘Yameen is a bodu gunda [‘big thug’]’, and ‘hurry up the election’.

4:20pm: Crowd on Majeedhee Magu, now thousands strong, is said to be growing by the minute.

4:10pm: Supporters of the Maldivian Democratic Party (MDP) have begun to gather on Majeedhee Magu – Male’s main thoroughfare. After laying down tarpaulins, people have begun to set up tables and chairs in the middle of the street. Whilst some are playing cards, presidential candidate Mohamed Nasheed and Speaker of the Majlis Abdulla Shahid sat sipping tea and eating hedika.

3:40pm: President Dr Mohamed Waheed has asked for presidential elections to be held on Saturday 26 October 2013. The President’s Office has said Waheed is concerned about the delay in holding election as planned. The President’s Office has also said the President wants a free and peaceful election with the participation of all candidates. “The President calls on the Elections Commission to hold discussions with all candidates to find a way to hold the presidential election on Saturday, October 26. The President urges all candidates and their political parties to find a solution to election disputes,” read the statement.

3:30pm: The Police Integrity Commission has commenced an investigation into police obstruction of polls. Speaking to local media CNM, PIC President Dr Abdulla Waheed said he believed if the police did indeed obstruct polls, then it was outside their mandate. However, he could only speak further after an investigation. The EC had released a statement this morning accusing police of overstepping their mandate and unlawfully halting the first round of presidential polls. The EC urged an investigation into “the unlawful use of police powers and acting in contravention to the spirit and purpose of police laws.”

3:20pm: Speaker of the House Abdulla Shahid has released a statement to the media.

While article 26 in chapter two of the constitution very clearly states that it is the right of every citizen of the Maldives 18 years of age or older to vote in elections and run for public office, article 18 of the constitution definitively states that it is the duty of the state to protect and promote the rights and freedoms provided in chapter two of the constitution. And, article 170 of the constitution entrusts the Elections Commission with the responsibility to hold and declare the results of elections within periods prescribed by law, to conduct, manage and supervise elections, to ensure the proper exercise of the right to vote, and to ensure that all elections and public referendums are conducted freely and fairly, without intimidation, aggression, undue influence or corruption. I believe what occurred today, Saturday, 19 October 2013, deprived citizens of the fundamental rights guaranteed by the constitution of the Republic of Maldives. And I condemn the actions of police outside the bounds delineated in the constitution and the law on orders from the heads of the Maldives Police Service. Therefore, I call upon the Elections Commission to decide upon and announce a date for the election forthwith and proceed with performing the responsibility entrusted by the constitution of the Republic of Maldives for a president directly elected by the people to assume the office of the presidency on 11 November 2013.

3:10pm: MDP have released a statement:

“We have decided to cancel the National Executive Committee meeting scheduled today and call on all NEC representatives to do everything necessary to to establish a lawful government and elect a president to represent the people. We believe every citizen of the Maldives must work to establish an elected government following the Supreme Court’s unconstitutional annulment of the first round of presidential elections held on 7 September 2013, and the Supreme Court’s unconstitutional infringement on the independent Elections Commissions powers by delineating how an election must proceed, and the Maldives Police Services unconstitutional abuse of their powers to invalidate and halt the much awaited presidential election for a second time. Today is a sad day for democracy in the Maldives with the violation of a fundamental right of governance, especially as all powers of the Maldives Constitution derive from the citizens of the Maldives, Elections are the most fundamental right enshrined in the constitution. As Maldivian citizens have been deprived of this right, we call on all Maldivian citizens to commence protests to obtain this right.”

2:40pm: Around 30 protesters, gathered outside of the People’s Majlis, refused to move when asked to by police. “Who made you the voice of authority to decide all we do? You can’t tell us where to sit,” protesters told the police. “You stole our vote, we won’t let you take away everything else including our freedom”. “I am here to ask for our constitutional right to vote,” said Hassan Shah in his early thirties, refusing to budge as a policeman prods him from behind asking him to leave the area. “This country is ridiculous. There is no rule of law, there is nothing but tyranny: by the police, by an unelected coup president, by the corrupt judiciary and every other principleless person or institute. Its time we refused to budge. I want my right to vote,” said Ahmed Amir, 29.

2:35pm: The MDP have cancelled the scheduled meeting of their National Council. They had been due to meet at 2:30pm.

2:30pm: Statement released by the UK Foreign Secretary William Hague:

I am deeply dismayed by further delays in the Maldives Presidential elections. It is vital that the democratic process is allowed to proceed and that a new President is inaugurated by 11 November in line with the Maldives Constitution. I strongly urge that the Election Commission be permitted to carry out the presidential election at the earliest possible date so that constitutional requirements may be met. With the eyes of the world on the Maldives, I call on all parties to respect democratic values, and to allow transparent, free and fair elections to proceed without further delay. Elections which reflect the will of the people can help to build a more stable Maldives for the future. It is clear from the extremely high turnout seen on 7 September that the Maldives people are fully engaged in the process, and their voices should be heard through the ballot box. Continuing challenges to prevent elections taking place will be seen as nothing less than an attempt to frustrate the democratic process. This would undermine democracy, create greater uncertainty, further instability and damage the Maldives economy and international reputation. Together with fellow Commonwealth member states, the EU and the wider international community, Britain continues to monitor developments in the Maldives very closely. We remain committed to supporting the Maldivian people to work towards strengthening democratic processes and values.

1:57pm: Mohamed Shafaz Wajeeh, an Attorney-at-Law for the Maldives-based Praxis Law Firm, today stressed that police could only be mandated to take action to prevent an election under a direct court order. Police today confirmed that it took the decision on its own initiative after consultations with state authorities. Shafaz took the example of a dispute where a court orders that a tenant be evicted from a property for not paying rent as agreed to a landlord. He argued that in a case where a tenant still refused to move from a property after the eviction notice is ordered, police would not be able to intervene until given a direct court order to do so. According to Shifaz, while police noted that the Supreme Court’s 16 point guideline did require that representatives of all three contesting candidates sign the amended voter registry before polling, no order or role has been so far provided to police to prevent voting today. “It is constitutionally guaranteed that a person or body is not prevented from performing the duties they are charged with unless mandated by a court,” he said.

1:50pm: Transparency Maldives has issued a press release expressing concern over the additional delay of polls, as well as the failure to set a new date for elections. “While the Constitutional deadlines for conducting the election have already been breached, we urge setting a new date immediately to ensure there is a democratically elected President by November 11, 2013.”

Highlighting the separation of powers inherent in the constitution, Transparency has called upon all actors to refrain from obstructing the Elections Commission’s independence and mandate.

“Transparency Maldives reiterates that its extensive and systematic observation of the September 7 elections found no evidence of systematic fraud and no such evidence has so far been made public,” continued the statement. “Transparency Maldives also believes that for long-term national interest and democratic consolidation, the Presidential Election must ensure the participation of all political actors and parties,” the release concluded.

1:45pm: HRCM Member Jeehan Mamdhooh added that the police in a democratic system are only allowed to assist in election related matters to the extent and in the manner requested by the EC. “The SC’s 16 point guideline clearly mentions in each separate point if the involvement of any institution besides the EC is needed for that specific task. Point number 5 [about the candidates signatures on the voter list] which the police stated as their justification today, does not ask for the involvement of any institution besides the EC in this task,” Jeehan stated.

“It is for a reason that police are given such a narrow role in the electoral proceedings of a democratic system. They are under the authority of some branch of the state, which brings down the confidence of their involvement not compromising the independence of the electoral process. For example, they are directly under the executive in the Maldives,” she continued.

“Point one of the Supreme Court’s 16 point guideline orders all institutions to provide cooperation to hold an election before October 20th. And yet, today Police had obstructed EC and brought the election to a halt. Even if there are concerns, the Elections Commission is the authority mandated by the Constitution of Maldives to stop an election if there is a need for it”.

“HRCM does not believe that the police have any mandate to interfere with the electoral process in this manner, and feel they have acted outside of their mandate in obstructing elections”.

1:40pm: “The SC guidelines do not give the police any space to act against democratic norms. Yes, the right to vote must be ensured for all citizens and we are too are working to achieve this. However, using this as a justification, police cannot obstruct the work of the EC. All us institutions must work within our margins. We cannot accept the police’s actions to halt elections,” continued HRCM Vice President Ahmed Tholal.

“I agree that there are some limitations faced after the SC regulations were issued. It didn’t provide much time for election preparation, which cut down the time that can be assigned for list verification. What I am saying is however, that there is a major difference between candidates or their representatives raising concerns about this matter, and the police forcing elections to be brought to a halt.”

“If the police were concerned as they predicted unrest in the country, they had the option of strengthening security operations. Hypothetically, if police think any certain court verdict may cause discord or disagreement in public, can they go in to court and order the verdict to be changed as they see fit? No. Similarly, the constitution does not allow them to inhibit the holding of an election”.

1:30pm: The Human Rights Commission of the Maldives (HRCM) has condemned the Maldives Police Services actions to obstruct the Elections Commission from conducting presidential elections on Saturday, stating that police were acting outside their mandate. In a live appearance on state TV on Saturday afternoon, HRCM Vice President Ahmed Tholal stated, “With this act, they have undermined people’s right to vote. In a democratic system, obstructing the right to vote, especially when done by the police, sets a dangerous precedent”. “The Supreme Court’s guideline is in alignment with the Constitution and laws. I do not believe the Police has any authority to halt election, not even under this guideline. If, as the police say, the concern is that holding elections may cause some form of unrest in the country, it is again the EC’s responsibility to consider that,” Tholal said. “I accept that there are concerns. The HRCM have also received just over 300 complaints regarding reregistration which we are looking into it. It is within the democratic system for the EC to be mandated to look into this, and for political parties to raise concerns about this,” he continued.

1:20pm: “The failure to hold elections this morning represents a real threat to democracy in Maldives,” an official from the United Embassy in Colombo told the Foreign Correspondents’ Association of Sri Lanka. 1:10pm: Alistair Burt, former minister at the UK Foreign & Commonwealth Office has tweeted his thoughts on the current Maldives crisis.

1/2 Deeply concerned at news from Maldives. Vital that democracy not thwarted. Commonwealth and Int Observers need to express views. — Alistair Burt (@AlistairBurtMP) October 19, 2013

2/2 Also vital that calm is kept with no provocations. Free fair elections and democratic path only way forward for Maldivian people. — Alistair Burt (@AlistairBurtMP) October 19, 2013

1:06pm: The same legal source has told Minivan News that it was unclear under what grounds police cancelled today’s election, adding that the Supreme Court’s conflicting guidelines requiring an election by hold by tomorrow (October 20) were “confusing”.

While several candidates have sought Supreme Court intervention to prevent polling without their signatures on the voter registry, the legal source said that the guidelines effectively allowed an individual to hold up the electoral process, potentially on unreasonable grounds, without providing alternatives in the case of a stand-off.

“The guidelines don’t say anything about what happens if a candidate refuses to sign the voter registry say for up to six months,  in that case we will not be having an election,” claimed the senior legal figure.

“Everyone must try and reasonably ensure that each of the guidelines are met.”

The legal figure also expressed concern over prioritising one guideline in the Supreme Court ruling over another, adding that the country’s apex court had also requested that the rerun of September 7’s cancelled poll be held by October 20 at the latest.

12:55pm: A senior legal source, who has served under both the present and former governments, has today questioned the mandate of police to decide upon cancelling the election, arguing there is no Supreme Court order providing them with the powers to do so.

“Having read the Supreme Court decision, there is nothing in the guidelines to say police can take preventative action [against holding the election],” said the source.

The legal figure, speaking on condition of anonymity, said that the only guideline outlining roles for the police was in them transporting ballot boxes and equipment for polling.

12:30pm: Police release a statement clarifying the Commonwealth’s role in the decision to halt the election:

“Further to the press conference held by the Maldives Police Service on the morning of 19 October 2013, the Maldives Police Service would like to clarify that at no point did the technical adviser from the Commonwealth or any one from the Commonwealth Observer Group advise the Police to take actions to prevent the election from taking place.”

12:08pm: The Maldivian Democratic Party (MDP) will hold a meeting of its National Council at 2:30pm.

11:34am: The Commonwealth Observer Group has issued a statement distancing itself from comments made during the police press conference this morning.

The Observer Group wishes to clarify that at no stage did the Commonwealth Observer Group or any of its members give advice to the Maldives Police Service regarding its decision to take action to prevent the 19 October Presidential election from taking place. On the contrary, the Commonwealth Observer Group issued a statement on 17 October, in which the Chair of the Observer Group, Dr Lawrence Gonzi, said “I hope that all Maldivians will play their part to ensure that the 19 October election is conducted in a credible and peaceful manner, so that the people of Maldives can exercise their fundamental right to choose their President.”

11:30am: Chief Superintendent Abdulla Nawaz told a press conference that police had “made this decision  ourselves” after seeking advice from President Waheed, Attorney General Azima Shukoor, the police national security council, and Acting Home Minister Ahmed Shafeeu.

“The police have taken a stand to not provide cooperation to the EC as the 16 point guideline issued by SC is not being completely followed,” he said.

Asked if the Commonwealth’s advisor had agreed with the police stance to not cooperate with EC, Nawaz declined to answer, saying that was a national security matter. The Commonwealth’s observer group have disputed giving any advice, labelling this as “incorrect” and “damaging”.

Asked whose orders the police were following, Chief Superintendent Nawaz stated that “we are speaking of advice here. Not orders. Based on advice, police ourselves made this decision.”

“Since police do not only concentrate on elections alone, we are also considering the consequences that may arise from letting the election proceed in breach of the law and SC order. We considered any unrest that may occur in the country as a result of letting the election proceed,” he said.

“Police have even previously requested EC’s president to start sending voters’ list to candidates for review as they were being prepared. He initially said yes, but later said that the other commission members refused to act so.”

“The Police Act mandates us to work to protect citizens’ interests, and we have taken this stand in alignment with these provisions. We have provided what assistance we can, including sending officers abroad for ballot box and paper security with election officials,” he said.

“Although the 16 point regulation does say the election must be held before 20th, it also has a lot of other points. Therefore, we believe all 16 points must be followed, and thus took this stand to withdraw cooperation,” he added.

Asked how the police were weighting the guidelines, in apparently giving preference to the one asking for candidates to sign the vote list over the one demanding the holding of elections before 20th, Nawaz replied: “Both are of equal weight. We believe all of this must be fulfilled.”

“I don’t think it is the police’s concern who is responsible for getting the lists signed, or whether it is the candidates’ responsibility or the ECs. I don’t think we need to consider whether the EC tried enough to get this signatures, or what their actual efforts were. We believe there probably are better ways for EC to fullfil this. However, what we just see is that the signatures are not there. And as a result, it is our duty to take a stand to not cooperate with EC to carry forward elections without fulfilling this SC order.”

Nawaz did not respond when asked if he believed police had the authority to halt the election, and if they accepted they were stepping beyond the boundaries of their mandate.

Asked by a foreign journalist why police were interfering when the SC order was directed at the EC and not the police, Nawaz replied “I don’t think so but there are different interpretations of the SC order. But do you believe that an illegal election, which is against the SC order, should be conducted?”

10:37am: “We have previously sent a letter to EC telling them that we will not provide the cooperation we have to if it is working against the SC regulations,” explained Chief Superintendent Nawaz.

10:30am: Chief Superintendent of Police Abdulla Nawaz has told the press that prior to the decision to halt the election advice was sought from their Commonwealth advisor, President Dr Mohamed Waheed, the police executive council, Attorney General Azima Shukoor, and Acting Home Minister Ahmed Shafeeu.

The Commonwealth Secretariat had previously provided the assistance of an elections security expert, Eldred de Klerk. Minivan News is seeking to confirm whether any advice noted by police was indeed provided, but has been informed by the Commonwealth team present in the Maldives that this was incorrect.

09:50am: When asked at this morning’s press conference whether the actions of the police and political parties were due to remnants of former President Maumoon Gayoom’s 30-year autocratic rule trying to remain in power, EC Chair Thowfeek was reluctant to answer.

“I don’t know and [because I’m] holding this position, it’s very difficult to comment on such questions, it’s better not to,” said Thowfeek.

09:25am: Minivan News observed that as of 6:30am at the Elections Commission, a police van with an unknown number of officers was parked directly in front of the EC secretariat, about eight police in ‘blues’ were stationed in the lobby, while four police officers were inside the 4th floor of the commission.

After the EC’s press conference concluded around 7:45am, only two police officers remained in the lobby, the police van remained parked in front of the secretariat’s entrance, and a few special operations police were seen on the corner of Ameenee Magu – a main thoroughfare directly south of the commission –  watching the secretariat.

The mood in the commission was somber and the commission was no longer a hive of activity. EC officials and staff seemed fatigued, conveying their frustration and disappointment to Minivan News that they had been stopped from holding the election today, despite being prepared to do so. However, they did not seem defeated or hopeless. They appeared to still be digesting how events have unfolded.

09:22am: “Today the world is like one community, every country is connected to another, so the international concerns will be there if they find that democracy is not working in any country… they will be concerned about the status of every country,” said EC Chair Fuwad Thowfeek at this morning’s press conference.

“We are a country very much dependent on tourism and there are tens of thousands of tourists coming from European and Asian countries, so all those countries will be watching and will be monitoring the situation in every country. They will be thinking about the status of the Maldives,” he concluded.

09:20am: “After everything was done within such a short period and after achieving almost everything, two of the candidates [Yameen and Gasim] refused to sign the voters list. That is the reason police stopped us from conducting this election, so because two candidates did not obey the supreme court’s rule, police have penalised the Elections Commission and the people of the country,” said EC Chair Fuwad Thowfeek.

“I don’t know why [they have stopped the elections], I don’t think it is their duty to stop what we are doing here. as long as we are trying to do something according to the constitutional rights of the elections commission. They will know better what their intention is.”

09:15am: The Elections Commission believes the uncooperative actions of the police are actually in violation of the Supreme Court’s mandate for government institutions to collaborate and cooperate with the EC.

“The Supreme Court’s decision does not ask the police services to look into the voters list and check what is there in the voters list. The police services have been asked to see to our security and provide protection to the ballot boxes, ballot papers, and the staff of the Elections Commission,” said EC Chair Fuwad Thowfeek this morning.

“Today and on September 28 it was the police actions that stopped our election. We were forced to stop by them. They are acting beyond their mandate, they have a completely different duty. I think they have crossed the line and they kind of think that they can be our bosses, that we are an institution below them, so they can dictate to us, control us,” he continued.

9:10am: The Elections Commission believes that the Maldives Police Service (MPS) is colluding with political parties and/or government institutions to intentionally violate Maldivian constitutional right to vote.

“I think they are doing so because now it looks like we can [only] act with their permission – if they allow us to do something. The constitutional right that is given [to vote] is not existing anymore, based on what we are experiencing these days,” EC Chairperson Fuwad Thowfeek told media earlier today.

“It’s a pity, we are a very young democracy, [it has been] just five years since we got a multiparty democratic system. We are very much concerned about what is going on in this country at this time,” Thowfeek noted.

9:00am: Police confirm they will be holding a press conference at 9:30am in the Iskandar Building on Ameenee Magu, Male’.

8:13am: Thunder showers and rough seas are predicted for the remainder of the day in Male’, impeding movement in and around the capital.

7:45am: “Right now the international community are doing their best, telling the government how much they value a democratic system,” said Thowfeek.

7:40am: “I do not have any hope that election can be held before November 11 [the end of the presidential term]”, Thowfeek said. With the second delay, elections have become a “plaything.”

Thowfeek said that while EC staff were “disheartened”, “This does not sap our determination. It makes it stronger. Resignation is not a choice. God willing, we will continue to serve the Maldivian citizens until the end of our terms.”

7:10am: Elections Commissioner Fuwad Thowfeek has said police have surrounded the EC secretariat and stopped any document from leaving the building. “As per the Supreme Court’s guidelines, police were asked to provide security, not to check whether the voter registry has been signed,” Thowfeek stated. “We cannot proceed with the election if police are obstructing it.”

“The Elections Commission has spent MVR 70 million (US$4.53 million) on the presidential election. We have worked 15 hour days throughout the holiday period. We are very disappointed, very much frustrated,” he said. “Police have overstepped their authority and impinged on the EC’s constitutional duties.”

“Today is a dark day for democracy,” added EC member Ali Manik.

7:06am: This is the second time police have blocked the EC from holding the election. When it sought to proceed with the September 28 run-off election, Special Operations police surrounded the EC secretariat with orders from Police Commissioner Abdulla Riyaz to take over the building and confiscate ballot papers should it proceed.

6:45am: Police are present at the Elections Commission. A second press conference for the morning is now underway.

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United States, India, HRCM, multiple NGOs back Elections Commission, urge presidential polling to take place Saturday

The Human Rights Commission of the Maldives (HRCM) has urged political parties to support the Elections Commission to hold the presidential election tomorrow, and called on “as many Maldivian citizens as possible to go out and vote”.

The United States has called on political leaders to ensure participatory democracy is not undermined, and expressed concern about the potential postponement of Saturday’s election.

The Progressive Party of Maldives (PPM) and Jumhooree Party (JP) presidential candidates have demanded fingerprint verification of the finalised voter registry, with police refusing to support the election without the candidates’ signatures. After submitting letters to the Elections Commission (EC) soon after midnight, the party’s leaders have been unreachable.

Signing of the registry by the candidates is a new demand contained in the Supreme Court’s guidelines for the election, following its annulment of the first round of polls shortly before midnight on October 7.

“The Human Rights Commission of the Maldives (HRCM) urges political parties to prioritise national interest and support the elections commission in this difficult moment to hold the presidential election as scheduled,” the commission declared in a press statement issued today.

“We call on as many citizens as possible to go out to vote and not to obstruct the vote,” it added.

Earlier this week the HRCM member and acting chairperson Ahmed Tholal told local media that the commission had complete confidence in the Elections Commission’s ability to conduct the upcoming presidential election freely, fairly and in a transparent manner.

Multiple Maldivian and international civil society organisations have also called for the presidential election to be held as scheduled tomorrow.

United States and India

The United States Embassy in Colombo has also expressed concern that the October 19 election may be postponed, and called on political leaders to ensure participatory democracy is not undermined in a press statement today.

“Political leaders must come together to ensure that participatory democracy is not undermined and that free, fair, credible and inclusive elections can take place peacefully and in line with international standards. Further efforts to delay the electoral process could undermine the will of the people to choose their representative,” the US Embassy stated.

“The Electoral Commission has made concerted efforts to comply with the Supreme Court’s requirements for a new first round, including the re-registration of thousands of voters,” it noted. “The United States is concerned that the re-organised first round of the Maldivian presidential election, set for October 19, may now be postponed.”

The US also highlighted the Maldives’ constitutional requirement that a new president be sworn in by November 11, 2013.

India echoed the United States’ “deep concerns” that the presidential election may be further delayed and “once again urged the government of Maldives and presidential candidates” to hold the election tomorrow and uphold the Maldives’ constitution, in a press release issued by the High Commission of India in Male’ tonight.

“We call upon all political parties to show a spirit of understanding, cooperation and accommodation by supporting the efforts for holding elections as scheduled, including by accepting the voters’ register,” stated the Indian High Commission. “Holding of free, fair and credible elections without further delay is essential for fulfilling the political aspirations of the people of Maldives.”

President Mohamed Waheed has meanwhile urged parties “not to act in a fashion that obstructs holding of the election and to prioritise national interest over personal interest”.

Transparency Maldives

Local NGO Transparency Maldives has reiterated its appeal for the presidential election to take place as scheduled.

“We have previously called for the presidential election to be held in the timeframe stipulated within the constitution,” Transparency Maldives’ Advocacy and Communications Manager Aiman Rasheed told Minivan News today.

“In resolving the rising tensions and disagreements in the country, Transparency Maldives appeals to all actors, especially the Supreme Court, to uphold the spirit of the Constitution and electoral deadlines and respect people’s electoral choice,” reads a September 28 Transparency Maldives press statement.

The NGO also previously appealed to “all actors and institutions to refrain from undermining the integrity of and confidence in the election day processes without credible evidence of fraud.”

Rasheed noted that “We have already missed two deadlines: holding a runoff election within 21 days after the first round and holding an election 30 days prior to the expiry of the existing presidential term November 11,” as stated in articles 111 and 110 of the constitution.

“The only deadline that has not been missed is holding the presidential election before October 20,” he continued.

“The Supreme Court’s verdict mandates all state institutions, including political parties, must work with the Elections Commission to ensure a free and fair election,” he explained.

“An election cannot be held without everyone joining together – civil society, political parties, media, state institutions – to support the Elections Commission,” he added.

Meanwhile, the anti-corruption NGO has stated that it is “fully ready for extensive observation of the October 19 presidential election”.

Transparency fielded a team of 400 election monitors during the first round of September 7, stating that the process was fair and credible and that incidents observed on the day would not have had a material impact on the outcome of the election.

In late August, Transparency Maldives expressed doubts over the integrity of the Supreme Court, urging it to “maintain its actions in such a fashion that the court does not allow further diminishing of its integrity and to be transparent in its functioning and sharing of information to strengthen the public trust towards the institution.”

The NGO also recently noted that the failure of parliament and the Judicial Service Commission (JSC) to address alleged integrity issues of the Supreme Court judges have “created avenues for political and other actors to question the conduct, injunctions and verdicts of the Supreme Court”.

The Home Ministry this month announced that it would be investigating Transparency Maldives for challenging the Supreme Court, prompting the NGO’s international affiliate – Transparency International – to express its concern “grave concern” about staff and volunteer safety and “alarm” over the intimidation and public allegations threatening its Transparency Maldives chapter.

Maldives NGO Federation

In light of the HRCM statement, the Maldives NGO Federation, representing over 60 local civil society organisations, also reiterated its support for the Elections Commission.

“The NGO Federation of course appreciates the hard work of the Elections Commission and we fully trust in the work they are doing,” NGO Federation President Ahmed Nizam told Minivan News today.

“Given the Supreme Court’s verdict, it’s will not be very easy for the EC to go ahead and hold the election without political parties signing the voter registry. We are hopeful that the talks held tonight will help solve the issue,” he noted.

“I would like to believe that the political leaders of this country will be responsible people,” he continued. “And we stay hopeful that we will get the opportunity to exercise our constitutional right [to vote] tomorrow.”

“The EC Chairperson has said that even if the political parties sign the registry by 7:30am tomorrow morning the election can still be held,” he added.

Following the Supreme Court’s ruling to indefinitely delay the presidential election’s September 28 second round until a verdict in the JP case against the EC had been reached, the NGO expressed concern over the election delay and urged the Supreme Court to deliver a speedy verdict and to allow elections to proceed as per the constitution.

The Home Ministry subsequently demanded the NGO provide a copy of its press release regarding the Supreme Court.

The NGO Federation also recently expressed its concern that political parties have been attempting to discredit the Elections Commission by inciting hatred toward the institution in an effort to obstruct the holding of a free and fair presidential election.

The NGO Federation declared their confidence in the EC and noted the essential role the commission has played in holding free and fair elections over the past five years.

International Federation of Human Rights

International Federation of Human Rights (FIDH) NGO said it is continuing to observe developments in the Maldives, and is calling for the outgoing government to ensure Maldivian people were given their right to vote in a free and fair election held in accordance with international standards.

Expressing concern about “mixed signals” being given to Maldivian people and the international community about holding an election, the international NGO said there was growing anxiety around the world for voting to be held without further delays.

FIDH said it continued to hold particular concern over the decision by the country’s Supreme Court to annul the first round of the presidential election held on September 7 – an order it claimed, in a joint statement with the Maldivian Democracy Network (MDN), was “unjustifiable”.

“The unjustifiable delay and judicially forceful suspension of the second round of the election, due on 28 September, indicates an encroachment of the judiciary over the powers of the Elections Commission, an independent constitutional body answerable to the Parliament of the Maldives,” read the statement from MDN and FIDH on October 8.

The statement described the court’s verdict as being founded on “materially baseless arguments”, after the first round was “applauded as a success by the international community.”

“Maldivian authorities must swiftly bring the electoral process to an end, in a free and fair manner,” said FIDH President Karim Lahidji at the time.

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“We will sign the voters’ registry when we are satisfied with it”: PPM

The Progressive Party of Maldives (PPM) has said the party’s candidate Abdulla Yameen will not sign the voters’ registry until it has assured itself the list is free of any errors, claiming there were “numerous existing issues” with it.

“We will not sign a bundle of papers held out to us by the Elections Commission (EC) without having seen for ourselves what exactly is in them,” PPM Deputy Leader and MP Abdulla Abdul Raheem stated at a press conference held on Friday.

“EC has failed to respond to the numerous complaints and concerns we have raised with them. It is impossible to hold a free and fair election until the EC complies with the regulations ordered by the Supreme Court. I don’t believe the EC should act in the way it has, sending letters to candidates at 2.30 in the morning asking them to come sign the register. We know that there are still thousands who have not been registered rightly,” he alleged.

PPM coalition member Maldives Development Alliance (MDA) Deputy Leader and MP Ahmed Amir stated that they had submitted a total of 32 separate letters of concern to the EC, adding that they have not received satisfactory responses for any of them.

“Kenereege Mohamed Nasheed [Maldivian Democratic Party (MDP) Presidential Candidate] who speaks of being an advocate of democracy and rights, just rushed into the EC as soon as they asked for signatures and signed the register without at all checking it. My question to Nasheed is, how responsible a decision was that,” said Abdul Raheem.

Nasheed is as of yet the only candidate to have signed off voters’ register for tomorrow’s election, stating yesterday that the party had identified only a “negligible” 0.61 percent margin of error.

“As per the information received till now, at least 3000 people have been registered wrong in this list,” Raheem declared.

“It is absolute proof that we are working in the interests of protecting people’s rights as even while knowing that if an election is held on Saturday we are guaranteed to win, we are stepping back and asking EC to protect the rights of every citizen,” Amir added.

PPM leadership figure Aneesa Yoosuf added that despite numerous requests by the party to ensure the voter registry is approved by all candidates, the EC has failed to do so to date.

“We want to somewhat verify fingerprints too, even if of randomly chosen names. Otherwise, what is the point of the SC order asking for fingerprint verification? Someone needs to do it,” Aneesa said.

“We cannot agree that the voters’ register is acceptable. We will sign it once it reaches the point where we are satisfied with it,” she stated.

“We are willing to go ahead with elections any day as soon as it can be guaranteed that the register is acceptable. We will not work to delay the elections. No one will benefit from such a delay. We too want an elected President to be sworn in on November 11,” she said.

At a press conference this morning EC Commissioner Fuwad Thowfeek said the JP and PPM had not sent nominees to sign the registry by the deadline.

Thowfeek said he had contacted Supreme Court Chief Justice Ahmed Faiz about the lack of response from the two candidates: “He told me to keep trying. Send people to their homes and keep trying. He did not say what else we should do.”

PPM calls on EC members to resign in “national interest”

PPM Deputy Leader Raheem accused the EC of “deliberately doing all they can to handover the presidency to the MDP.”

“I don’t believe that the current team of elections commissioners can conduct a free and fair election. I call on the commissioners, if they have even a trace of sincerity, to immediately resign for the sake of national interest,” Raheem said.

“We strongly condemn Nasheed’s acts, in alliance with the EC, to undermine people’s democratic rights,” added Amir from the MDA.

“The truth of the matter is that the EC is attempting to not hold elections on October 19,” he alleged.

President Mohamed Waheed has meanwhile issued a statement urging parties “not to act in a fashion that obstructs holding of the election and to prioritise national interest over personal interest”.

“I call on the elections commission, political parties participating in the election and all relevant institutions together, to solve the challenges faced at the moment to create an atmosphere conducive to a free and fair election,” Waheed stated.

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President calls for parties to cease attempts to obstruct election

President Mohamed Waheed has urged parties “not to act in a fashion that obstructs holding of the election and to prioritise national interest over personal interest”.

Waheed made the statement after the Progressive Party of the Maldives (PPM) and Jumhooree Party (JP) this morning failed to sign the voter registry by the Elections Commission’s sunrise deadline.

Signing of the registry by the candidates is a new demand contained in the Supreme Court’s guidelines for the election, following its annullment of the first round of polls shortly before midnight on October 7.

At a press conference this morning EC Commissioner Fuwad Thowfeek said the JP and PPM had not sent nominees to sign the registry. Thowfeek said he had contacted Supreme Court Chief Justice Ahmed Faiz about the lack of response from the two candidates: “He told me to keep trying. Send people to their homes and keep trying. He did not say what else we should do.”

The PPM has subsequently demanded fingerprint verification of 10 percent of re-registration forms – nearly 7000, each with four fingerprints – a process the EC has said would take at least 20 days, missing the court’s October 20 deadline for the election.

President Waheed has meanwhile called on “all parties to cooperate and support the holding of a free and fair election as per the order of the Supreme Court.

“I call on the elections commission, political parties participating in the election and all relevant institutions together, to solve the challenges faced at the moment to create an atmosphere conducive to a free and fair election,” Waheed stated.

“It is also my request that arrangements of elections should be made in such a fashion that no citizen of the country has his right to vote undermined or deprived. On this occasion, I urge everyone not to act in a fashion that obstructs holding of the election and to prioritise national interest over personal interest,” he added.

Foreign Ambassadors and teams of international election observation are already present in the Maldives in expectation of an election being held tomorrow.

The nine-member Commonwealth observation team, led by former Prime Minister of Malta Dr Lawrence Gonzi, has already been deployed across the Maldives.

I hope that all Maldivians will play their part to ensure that the 19 October election is conducted in a credible and peaceful manner, so that the people of Maldives can exercise their fundamental right to choose their President,” said Dr Gonzi in a statement on Thursday.

The Commonwealth Observer Group to the 2013 Maldives elections will submit its final report to the Commonwealth Secretary-General, who will in turn send it to the government of the Maldives, the Elections Commission of Maldives, Maldivian political parties and eventually to all Commonwealth governments.

The nine-member Commonwealth Observer Group has been in Malé since 16 October, and will stay until 23 October. It is supported by officials of the Commonwealth Secretariat.

Besides Dr Gonzi the delegation includes South African Human Rights Commissioner Lindiwe Mokate, former Australian diplomat Hugh Craft, former Ghanaian minister Elizabeth Ohene, Jamaican governance expert professor Lisa Vasciannie, former Malaysian MP Yusmadi Yusoff, New Zealand MP Kate Wilkinson, UK elections expert John Turner, and Papua New Guinea’s Registrar of Political Parties, Dr Alphonse Gelu.

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Elections Commission unable to reach PPM and JP leaders to sign off on electoral register

The Progressive Party of Maldives (PPM) and Jumhooree Party (JP) presidential candidates have demanded fingerprint verification of the finalised voter registry, with police refusing to support the election without the candidates’ signatures.

After submitting letters submitted to the Elections Commission (EC) after midnight, the party’s leaders have been unreachable.

The EC is ready to hold the re-run of the presidential election’s first round tomorrow (October 19) as soon as the candidates approve the voter registry.

The Supreme Court’s controversial annulment of the presidential election’s first round held September 7 gave the the EC less than 12 days to prepare for the repeat poll, and mandated the commission adhere to 16 guidelines, which included obtaining every presidential candidates’ signature on the finalised voter registry and having the police play a substantive role in handling the logistics and security of the election and ballot papers.

The EC has been unable to reach JP’s candidate Gasim Ibrahim or the PPM’s candidate Abdulla Yameen or their representatives to sign the lists.

The commission told a press conference this morning (October 18) that it has called, texted,  and sent officials to individual’s houses – as well as to the homes of JP representatives Umar Naseer and Hassan Shah – but has received no answer.

“We are trying our best to have the election as per the verdict of the Supreme Court,” said EC Vice Chairperson Ahmed Fayaz. “But with all the hard work of the last 11 days, now the process has almost been halted.”

“Although we’ve invited all the candidates to sign the voter registry, so far we have not been able to reach PPM and JP. However, MDP sent their representatives and signed the registry,” he noted.

Minivan News understand that certain PPM MPs have expressed their determination to prevent Saturday’s election from taking place.

“Without their signatures, the Maldives Police Service is not willing to support us. They will not give protection to conduct the election and if we hold polls it will be invalidated by the Supreme Court,” explained EC Chairperson Fuwad Thowfeek.

“The police need signatures of all three candidates or their representatives [before they will allow elections officials to depart to their respective polling stations with the printed ballot papers and voter lists],” said Thowfeek.

Thowfeek noted that he had spoken to Supreme Court’s Chief Justice Ahmed Faiz Hussain about the difficulty of meeting the deadline immediately following the October 8 ruling.

“I spoke to Faiz again today about the lack of response from two candidates regarding approving the voter lists. He told me to keep trying. Send people to their homes and keep trying. He did not say what else we should do,” said Thowfeek.

Fingerprint verification demands

After midnight last night the EC received letters from the PPM and JP demanding fingerprint verification of the voter registration forms.

“PPM wants fingerprint verification of 10 percent of reregistration forms, which is over 7000 forms,” said Thowfeek.

“It will take at least 20 days,” added EC Member Ali Mohamed Manik. “PPM also asked for rejected forms to be resubmitted. PPM said they will only sign list when these requests are attended to.”

“JP’s letter asked for verification of 5 percent of forms, which is over 3500 forms,” Thowfeek continued. “Each form has four people’s fingerprints, the voter, witnesses and the bearer’s fingerprint.”

“We asked if there are any suspicious forms submitted by specific people, so we can send those forms for verfication, but neither PPM or JP has provided a list like that,” he noted.

“This is not really practical at all, even the police only have fingerprints for some people, not everyone [eligible to vote],” Thowfeek added. “The Department of National Registration (DNR) says they don’t have the technical expertise, it’s not possible [to verify fingerprints].”

“This is going to take many days. We don’t have that many days. This is the last day to finish updating the forms [with candidate’s signatures], after that there is only one day to do everything, like sending personnel and materials.”

“It is an impossible demand they are making again,” lamented Thowfeek. “I don’t know why they don’t understand we don’t have time to do all these things [and adhere to the Supreme Court’s verdict].”

“We have not yet given a deadline. By giving a deadline it may make things more difficult,” he continued. “For example, if deadline of 12:00pm is given, and they don’t sign, then it may cause problems. The EC is willing to wait until last minute for signatures.”

“Up until today, we hoped Gasim and Yameen will cooperate with us. We have very little time. There is doubt if we can proceed without solving these problems,” stated Thowfeek.

“We urge [Qasim and Yameen] to sign the lists. The election is now in their hands.”

“We want to work until the last minute. We do not want to create a hopeless situation,” he declared.

Overseas vote and party responses

“Fortunately, Police Commissioner Abdulla Riyaz gave his approval for us to send election officials and materials to Delhi, India this morning on the condition that the EC sign a letter stating we will not allow polling to take place without signatures of all the candidates,” explained Thowfeek. “Instead the EC will send a PDF copy of the approved registry.”

This afternoon the elections officials need to depart for evening flights to London and Singapore, Thowfeek continued. The EC may need to seek approval from Riyaz to send officials and materials to these locations under the same conditions.

“We have not yet come to a situation where we cannot hold an election. We hope now and we continue to hope that the election proceeds. We are just trying to reach the candidates and their representatives,” added Commissioner Manik.

The opposition MDP announced yesterday (October 17) that it had accepted the modified voter registry despite finding some minor irregularities contained within, to ensure the re-run of the annulled 2013 presidential election goes ahead as scheduled on Saturday (October 19).

Ghafoor accused both the PPM and JP of deliberately trying to avoid a vote without giving sufficient reasons for their reservations.

“The situation is ridiculous, they have run away from the vote,” he said.

After attempts to contact senior JP leadership, Minivan News was advised to call party Spokesman Ibrahim Khaleel whose phone was switched off at the time off press.

Progressive Party of Maldives (PPM) Presidential candidate Abdulla Yameen told Minivan News this morning that the party still had not seen the amended voter registry, while questioning why the MDP had signed the list ahead of Saturday’s scheduled vote.

“I fail to understand the MDP’s readiness to sign the list before seeing the list,” he said today.

In a correspondence obtained by Minivan News that was sent by Yameen to Elections Commissioner Fuwad Thowfeek this morning, the PPM expressed concern that it not even seen or had the chance to verify the registry.

“Please allow us 72 hours to verify [the list] and please comply with our request to authenticate the sample specimens of thumb prints,” stated the message. Today, a PPM team will visit you and request to physically see the 71,000 re-registered forms.”

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Comment: A fight like many others

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

This is what organising is. You talk to people and try to get them engaged. You tell them about what people are doing elsewhere, so they can glimpse what they could do. It is – wait for it – a kind of pollination.

– Bill McKibben, Oil and Honey:  The Education of an Unlikely Activist (New York:  Times Books, 2013), 117

The fight going on in the Maldives – a place most people couldn’t pinpoint within a thousand miles on a world map – may seem to be in a far-off place, a world away.  But it’s not. What is taking place in the Maldives is a fight for the future, for everyone’s future, a fight waged within a battle that we are all living through.

It’s a fight for democracy, in the first instance, an old fight like hundreds of others where a population stands up against lies, bullying, greed, power, and history.  It’s also a fight for human rights as outlined in that too little known claim of the UN’s magnificent universal declaration of 1948, where “food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control” are counted as equal to freedom of thought, conscience, and religion.

And lastly, and perhaps most important, it’s a quiet fight on a vast front that concerns us all:  humanity’s daunting, dogged struggle to face up to the ultimate existential threat of climate change, inexorably dragging us toward a cliff at the bottom of which lies a hell where all our descendants will live – real people, some now young, others yet to be born.

Fighting for democracy:  the yellow flags of freedom

In the first instance, this is a fight for democracy.  The bare outline of our story start with the 30-year dictatorship of Maumoon Abdul Gayoom, who monopolised political power in the Maldives from 1978 to 2008.

If Peruvian novelist Mario Vargas Llosa once called the ruling party in Mexico the “perfect dictatorship” for the ways it found to win every election for over 70 years, we might well call the long night of Gayoom the “perfect presidency.”  Simultaneously styling himself president, head of the judiciary, and highest religious authority in the country, he “won” six elections in a row for the Maldivian People’s Party without an opposition candidate!

As The Economist colorfully puts it, he was “an autocratic moderniser who made the Maldives the wealthiest corner of South Asia by promoting high-end bikini-and-booze tourism (usually on atolls some distance away from the solidly Muslim local population).  He also crushed dissent, let capricious and poorly educated judges make a mockery of the law, and allowed social problems to fester.”

One person whose dissent Gayoom could not crush was the young journalist Mohamed Nasheed. Imprisoned multiple times, tortured, held in solitary confinement, Nasheed left the Maldives to co-found the Maldivian Democratic Party, the MDP, in 2003.  In 2008, when the country’s first ever free elections were held, Nasheed won on the second round after polling just 25 percent of the vote in the first round to Gayoom’s 40 percent, because he united the opposition parties in the final round to take 54 percent of the vote.  Yet the price Nasheed paid for making conservative politician Mohamed Waheed Hassan Manik his running mate, because on February 6-8, 2012 Nasheed was the object of a well orchestrated plot by his political enemies that led to his deposition and Waheed’s eager ascension to the presidency in a coup that the British Commonwealth and other members of the international community shamefully legitimated and let stand.

Now Nasheed seeks to return to power with a new mandate arising from the Maldivian people, who are struggling to make their votes count.  Despite overwhelming endorsement as clean and fair by every international observer, a narrow majority of the country’s Supreme Court ruled that the September 7 first-round presidential elections were null and void on a flimsy complaint from the disgruntled third place finisher, a decision that proves that reality can sometimes be stranger than fiction.

One of the justices who annulled the election has been caught in bed with three sex workers on YouTube but remains in place in a country where 99 percent of the population is Muslim, and Nasheed’s main opposition slanders the candidate for being irreligious.  The Court’s decision was based on a still secret report by the same police who ousted Nasheed in the coup;  neither the MDP or the Electoral Commission was allowed to set foot in the courtroom for final arguments in the case.

The electoral math of an outright victory on October 19 requires Nasheed to take roughly 10 percent of the votes that went to the other three candidates combined in the first round on September 7.  That is, to his 95,224 first-round voters he must add about 10,000 of the votes shared among his three opponents:  the Progressive Party of the Maldives candidate Abdulla Yameen’s 53,099, the Justice Party’s Gasim Ibrahim’s 50,422, and the current President Waheed’s 10,750.  This assumes that the three candidates unite to field only a single candidate whom they all endorse.  Waheed has dropped out of the race without advising his few voters to vote for either Gasim or Yameen, wishing to sound the statesman who wants only to guide the country through these difficult times.  On October 15, the would-be statesman asserted there was “‘room for doubt’ over the integrity and fairness of this year’s polls,” words that drip with irony from the man who made himself president in a coup.

Meanwhile the lust for the presidency has gripped both of the major reactionary candidates, to their mutual detriment.  Gasim, having gotten his way through the bankrupt morals of his friends in the court, feels those 10,000 votes are his, and will bring him the second place finish he couldn’t obtain legitimately on the first first round. It doesn’t matter to him how he wins, nor does he think his crimes will tarnish his presidency. Of his rival Yameen, he claims, “I would rather walk into the sea with my wives and children than join Yameen.”

Yameen hates Nasheed and everything the MDP stands for, but his love of country is not great enough to countenance a deal with the billionaire who robbed him of his place in the run-off the first time around.  Look for Yameen to cry foul if he places third this time around! Interestingly, Waheed’s vice-presidential running mate, Ahmed Thasmeen Ali, leader of the Dhivehi Rayyithunge Party (DRP) on whose ticket he ran for vice president in 2008 with Gayoom, unexpectedly has advised former party members to vote for Nasheed’s MDP ticket.

There is clearly great sympathy for Nasheed.  One can see it in the yellow-bedecked streets of Male, the capital city.  The outrageous tactics of his opponents over the last year and a half have generated a groundswell of good feeling for Nasheed’s principled and open campaign which has brought him to every inhabited place in the Maldives to meet the people, and led him to personally sign a letter addressed to every one of the country’s registered voters.

The campaign has been a model of grassroots organising, literally a “Door to Door” campaign with a thousand volunteers committed to visiting every family in the country, generating a massive amount of genuine passion and enthusiasm on the ground.  The MDP reports that it has received pledges of votes from 125,000 of the 240,000 eligible voters in its door to door canvas, while registering thousands of new voters:  the median age in the Maldives is 26 and the MDP’s campaign is by far the most media-savvy. “Statistics and the smiles of the people” portend victory, Nasheed says.

It’s also a fight for a better life for the 330,000 people of the Maldives.  While in power, the Nasheed administration delivered free healthcare, a national university (Nasheed’s running mate, Dr Musthafa Luthfy, was appointed as the first Chancellor of the Maldives National University), pensions for the elderly, social housing, improved transportation among the islands, and civil liberties such as freedom of expression and security of one’s person unheard of in the Maldivian context. In the current MDP campaign manifesto entitled “The Other Maldives,” a document that provides a detailed development plan in 525 pages, there is an explicit “social justice” provision:

With targeted interventions, the government expects to open up opportunities for the most disadvantaged sections of the society to emerge from their present conditions of poverty thereby helping the country achieve its development goals.

The government has embarked on a policy of transforming the current fragmented social safety net programs into a comprehensive social protection system, ensuring fiscal sustainability and effectiveness of social assistance to those most vulnerable, to enable them to live a life of dignity.

The MDP has pledged to raise $4.6 billion in tax revenues over the next five years. Over forty percent of these revenues are earmarked for some 137 development projects, to generate 51,000 jobs, build 20,000 housing units, provide aid to single parents and persons with disabilities, and make loans available to students.

A Fight for All of Us:  The Island President and the Climate Justice Minister

In October 2009, Nasheed grabbed the world’s attention by holding a cabinet meeting underwater, with ministers in scuba gear sitting at a table signing documents calling on all countries to cut their greenhouse gas emissions:  “We must unite in a world war effort to halt further temperature rises. Climate change is happening and it threatens the rights and security of everyone on Earth.  We have to have a better deal.  We should be able to come out with an amicable understanding that everyone survives.  If Maldives can’t be saved today, we do not feel that there is much of a chance for the rest of the world”.

At the historic 2009 UN climate summit in Copenhagen, he declared Maldives’ goal of becoming the world’s first carbon-neutral country:

For us swearing off fossil fuels is not only the right thing to do, it is in our economic self-interest….  Pioneering countries will free themselves from the unpredictable price of foreign oil; they will capitalize on the new green economy of the future, and they will enhance their moral standing giving them greater political influence on the world stage.

One of us (John Foran) well remembers being in the audience that November at the alternative People’s Klimaforum when we heard that Nasheed was coming direct from his arrival at the airport to address us, rather than making his way to the high-level negotiations where the other presidents and prime ministers were gathering.  Young climate activists greeted him on that occasion with a banner that read “You Are Our Global President.”

At the talks, he and minister of environment Mohamed Aslam carried the banner of the many frontline island nations most threatened by climate change, and their principled stand and frank exchanges stand at the centre of Jon Shenk’s spellbinding 2012 film, The Island President.

When the coup came in February 2012, support for the struggle against Nasheed’s forced departure was quickly voiced by the global climate justice community.  British environmentalist Mark Lynas, Nasheed’s climate consultant and author of Six Degrees:  Our Future on a Hotter Planet, wrote in The Guardian:  “The deposed president is famous for his efforts to fight climate change, but his lifelong struggle has been for democracy – and now I fear for his safety.”

Nasheed has survived, and so has the climate justice movement in the Maldives, which is not a one- (or two-) man affair.  On 350.org’s Connect the Dots day of action on May 5, 2012, prominent writer-activist Bill McKibben’s thoughts went out to the Maldives, “where people turned out even though a military coup had sidelined the island country’s democracy just weeks before” (Oil and Honey, 121).

Climate justice is the Maldives’s long-term inter-generational struggle;  it must be addressed for the nascent democracy to matter.  As Nasheed states in The Island President, “We view climate change in the context of democracy.  Without democracy, you cannot enact.  The former dictatorship wasted $200 million because they gave the contracts to the wrong people.”  The country’s chances of addressing the climate chaos that is inexorably descending upon it are immeasurably enhanced if Nasheed, and democracy, prevail in this election.

Prior to the coup, Mohamed Aslam stated that the only way to address the issue of climate change is with the pressure of the people: “The people must realize that this issue needs to be resolved. It must become an election issue.  People should elect leaders who have got the courage to face this issue and to deal with it.”

If Nasheed and Aslam represent the Maldives once again at COP19 UN climate summit in Warsaw this November, the balance of forces now tilted so heavily toward the fossil fuel corporations and governments, and thus to the climate catastrophe dictated by their business as usual attitude, will shift – at least to some degree – back in the direction dictated by science and championed by the 99.99 percent.  October 19 may be a national election in a small country, but it could bring to power a global president with a passion for climate justice.

What happens in the Maldives concerns us all

The Maldives now stands at a crossroads where its future forks one way or another.  Its ordeal has been a prolonged one.  The elections are, in effect, a popular referendum on the legality of the coup and on vastly different visions for the future of the country.  One way lies a hard but clear-eyed path toward a low-carbon sustainable development and a functioning democracy.  The alternative is a descent into a darkness that would be all the greater for having spent a few years in the sunlight after 2008.

Political analyst Azra Naseem considers this moment in history as an “all­-out confrontation between democracy and autocracy in which the biggest weapon of the autocrats is the judicial independence that is widely accepted as a means of making democracy possible. If there ever was a text­book case of democracy being subverted by the rule of law, the unfolding events in the Maldives is it. If there is no election on 19 October, the only power that can stand up to the unchecked power of the judiciary is the source from which both judicial power and democracy stems: the power of the people.”

It’s hard to see it any other way.

As Nasheed said on October 13, “Even if we get a chance as small as that of the eye of a needle to compete in a presidential election, we are going to win it swiftly.  Our opponents have admitted it. They simply cannot win over us through a vote of the people.”  It is of note that the scales of justice adorn the MDP flag.  And as an anonymous blogger posted recently on a Maldives news website:  “If we lose this opportunity and let democracy be robbed, we lose everything.”

October 19, 2013:  a fight like many others that concerns us all.

John Foran is Professor of Sociology and Environmental Studies at University of California (UC), and Co-director of the International Institute of Climate Action and Theory (IICAT). Summer Gray is a PhD candidate in Sociology at UC and Associate Editor at IICAT.

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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Comment: ‘Mega-loot’ – the murky and frightening sale of MACL

In my previous article in this column, I raised eight pertinent questions about the Waheed Government’s plan to sell 40 percent shares in MACL to Maldivian companies and individuals.

  1. Does the proposed sale maintain economic sovereignty or undermines it?
  2. Is the sale of MACL shares really an economic necessity in the current context?
  3. What is the reason why the sale has to be conducted within a span of 7 days?
  4. Why is there an absolute silence on the valuation of MACL shares?
  5. Does Waheed have any moral or constitutional authority to make this decision?
  6. Why is there absolute secrecy on issues such as the process to be followed for the sale?
  7. Is the timing of this transaction appropriate or is it designed to suit vested interests?
  8. Are we seeing a repeat of a series of shady transactions in the aviation space like Mamigili Airport lease extension and sale of Gan Airport to the Champa Group?

My conclusion based on a detailed review of each of these questions was that this proposed sale of MACL shares has all the elements of a big scam and that the Waheed government is going ahead with it brazenly.

Since then, the Privatisation Board has come out with a strongly-worded statement that the only prerogative to manage the privatisation process for government owned companies lies with itself.

Strangely, the board hasn’t even been contacted as yet for anything related to the proposed sale of MACL shares. Vice Chairperson of the Privatisation Board Mohamed Yasir quoted specific sections of the law that gives power to the privatisation board to decide on which companies to privatise, what should be the fair process, what should be the fair valuation as well as the process of establishing the same through an independent expert.

The above statements highlight the audacity of the attempt being made by Waheed government at this mega-loot. I have raised the question of Waheed’s moral and constitutional authority earlier. It now seems that that Waheed Government hasn’t even been acting within its legal authority on this issue. As per the process laid out in law, such privatisation of a government asset should be managed by the Privatization Board after getting Majlis approval for the same. I understand, based on discussions with people who are in the know of things that Waheed has set up a Special Committee headed by Azima Shakoor to manage the process for sale of MACL shares. In essence, rather than having the Privatisation Board and the Majlis take decisions and manage the process, it is the Special Committee headed by Azima Shakoor, Economic Committee of the cabinet and the MACL Board which have been asked to take decisions and manage the process. This is a constitutional transgression by an outgoing government, which certainly needs to be stopped in the tracks.

As a matter of fact, the ‘decision’ by Economic Committee of the cabinet is illegal to start with, since it is not authorised by law to make that decision and at best, they could have put forward a proposal to the board highlighting all the economic arguments and analysis in support of the proposal.

What is also most interesting to note here is the fact that an economic decision by the cabinet is not implemented by the Finance Minister but by the Attorney General, who is supposed to be the legal advisor to the government. So much so that the government’s Finance Minister doesn’t even have the authorisation to answer any questions related to this issue and he has been diverting all questions towards Azima Shakoor. It is not the Attorney General’s mandate to head committees which implement a major economic policy decision of the government. That the Attorney General is heading the committee also says a lot about what is going on – it clearly indicates that Waheed government’s focus is on ensuring that they get away with this sale without any legal hurdles rather than ensuring that government gets the right economic value for its asset.

It is difficult to understand the rush for selling MACL shares by a government that will have no constitutional validity three weeks from now. This level of urgency in selling off government assets may have been called for had we been in very severe economic trouble with an imminent risk of sovereign default or any other comparably dire situation. Fortunately for the Maldives, such a desperate situation hasn’t arisen as yet and this level of urgency behind the rushed sale process is certainly suspicious and needs to be investigated deeply.

Moreover, divesting a state asset is a significant economic policy decision. In most democratic countries across the world, and our democracy is modeled on principles from such stable democracies, there is a code of conduct put in place in light of a pending election. For example, as soon as the elections are announced in India, which is typically 6-8 weeks before the election date, a code of conduct comes in place which prohibits the government from making any new decisions or even undertaking activities such as laying foundation stones for projects! For these 6-8 weeks, the government in power is barred from making any new decisions and only has to focus on implementing the already ongoing initiatives. However, we have a case here where an out-going President is making and implementing a major economic policy decision one week before Presidential elections and only three weeks before he is certain to remit office.

As an unelected President, Waheed has made a number of significant economic decisions about our national assets in the last 1.5 years and has got them wrong, which will have a significant bearing on the country in the times to come. He allowed the sale of two seaplane operators to a single monopoly player but never cared to assess the implications of letting a critical part of Maldives’ tourism value chain be totally controlled by a single entity with now unchallenged power over the entire tourism sector. Much of the tourism industry has already highlighted how the sale of sea plane operations to a single monopoly player is posing an increasing threat to the viability of many resorts.

He also unilaterally cancelled the GMR concession agreement without caring to understand the potential future costs of the decision on future generations and the available trade-offs. Early indications are that the GMR arbitration is not going too well for Waheed government and we may potentially be looking at a huge claim from GMR by next year, which will ultimately have to be paid for by taxpayers like you and me.

He may no longer be the President in three weeks but he is doing all he can to make one final and the most outrageous raid on the Maldives exchequer to satisfy his and his cronies’ insatiable thirst for our national resources. All the early warning signals are there and enough alarms have been raised well in time for all the relevant independent institutions such as ACC, Privatisation Board and the Judiciary to take note of this mega-scam-in-the-making. It will be a significant failure of Maldivian institutions and even the Maldivian people if an unelected head of government is allowed to get away with this significant a loot, bypassing all the regulations and laws laid out in our constitution.

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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MDP, PPM, JP host final campaign rallies amidst uncertainties of election day proceeding

Candidates contesting in the fresh round of presidential elections scheduled for October 19 held their final major rallies in capital city Male’ prior to election day, each expressing views about how Saturday’s voting may proceed.

The Maldivian Democratic Party (MDP), which received the majority votes – 45.45% – in the now annulled September 7 first round held their rally at the open grounds near the tsunami monument, with several thousand supporters in attendance.

Candidate Mohamed Nasheed, his deputy Dr Mustafa Lutfi and the party’s Chairperson ‘Reeko’ Moosa Manik were among those who addressed the rally, with key politicians from the Dhivehi Rayyithunge Party (DRP) including its leader Ahmed Thasmeen Ali also speaking.

Progressive Party of Maldives (PPM) held its meeting in Dharubaaruge’s Dhoshimeyna Hall with approximately 600 supporters in attendance. In addition to the party’s presidential candidate Abdulla Yameen, his half-brother – PPM leader and former President Maumoon Abdul Gayoom, vice-presidential candidate Mohamed Jameel Ahmed, current Minister of Tourism Ahmed Adheeb, as well as several MPs were in attendance.

Jumhooree Coalition held their rally in their campaign headquarters, Kunooz, with a similar turn-to the PPM’s rally. Besides Jumhooree Party (JP) leader and candidate Gasim Ibrahim, political leaders from various coalition partners spoke at the rally. This includes former Interim Deputy Leader of PPM Umar Naseer and Adhaalath Party (AP) leader Sheikh Imran Abdulla.

“On Saturday, people will re-ascertain their right to vote”: MDP candidate Nasheed

MDP presidential candidate Mohamed Nasheed told the thousands of supporters gathered to hear his address that Saturday’s vote, in addition to electing him president, will also be the day that the people re-ascertain their constitutional right to elect a government for themselves.

“Citizens of Maldives desire reform, they want a system which will establish better living standards for themselves. They want a democratic system, to establish a government of the people through a vote. The people’s nature is leaning towards an election, towards change and to maintain democratic norms in the country. MDP is a party centred on development, it is a party which moves swiftly forward,” he stated.

“Important days are coming up in the life of the Maldives, with day after tomorrow being one of the most crucial days. This coming Saturday is the day on which through sheer determination and will the Maldivian people will re-establish their right to vote despite attempts by those involved in the 30 year autocratic regime trying to strip the people of this very fundamental right. It is the day when we will, God willing, win this election in one single round,” Nasheed said.

“For ages, Maldives has had a culture where elections are tampered with. We are still hearing the people from the 30 year regime speak of this philosophy of election tampering from their various political podiums. They claim that it is in the interests of the country, and for religion and nation, that they have been tampering with citizens’ votes. However, today the most important basis of our Constitution is the right to have a fair democratic election. Although there is a small number of people still trying to mess with the votes cast, the people are no longer willing to allow them to do so,” he continued.

“For the better part of two years we have been hearing the chants ‘where is my vote?’ and ‘we want elections now’. It is deeply set in our hearts that the ‘baaghees’ [traitors] have stolen our votes, that ‘baaghees’ have been treacherous towards our votes. Our citizens are not ready to lose these votes,” he said.

“Saturday’s election is not just about electing Kenereege Mohamed Nasheed as president. It is the day citizens regain their right to vote”.

Nasheed further echoed the various pledges outlined in the party’s “Costed and Budgeted Manifesto: 2013 – 2018”.

“We will restore lost individual rights”: PPM candidate Yameen

Meanwhile, PPM candidate Abdulla Yameen reiterated the party’s stance of proceeding with an election if the Elections Commission (EC) abides by the Supreme Court’s 16-point guideline.

“Together, we have decided to vote in a system that protects fundamental rights, and ensures a free, sincere vote to elect who they choose to be president,” Yameen said.

Yameen said the party has still not received the finalized voter registry and noted that party members continued to file complaints over re-registration.

According to the Supreme Court, every candidate is required to approve the voter registry for the election to proceed.

At a press conference on Thursday evening, the PPM had said it required 72 hours to approve the voter registry. The EC has given political parties until 6 am on Friday to sign the registry.

Yameen pledged to “restore lost individual rights” and said a PPM government would end arrest of political rivals and judges. The PPM will increase revenue, ensure a balanced budget, increase old age pensions to MVR5000 per month, and ensure fishermen were given an allowance of MVR10,000 in low season, Yameen said.

“We will bring you development like you’ve never seen before. Development is certain with us,” he said.

Speaking of challenges the PPM had faced during the campaign, Yameen said the party had not had enough time to circulate the party’s manifesto.

PPM published its manifesto only four days before the annulled first round of presidential elections held on September 7.

“Main concern is the voters’ registry; if it’s satisfactory will proceed with elections”: JP candidate Gasim

The JP rally also consisted of nearly 600 supporters, with leadership figures from the coalition including former PPM interim deputy leader Umar Naseer, AP leader Sheikh Imran Abdulla, AP deputy leader Dr. Mauroof Hassan, former Defence Minister Tholhath Ibrahim Kaleyfaan filling the front lines.

JP Candidate Gasim Ibrahim stated that among the 16 points provided by the SC, the key concern for the party was the one regarding the voters’ registry, adding that this is where problems had risen for him even in the first round of elections on September 7.

“We had to go to court after these problems arose because the EC refused to cooperate and address our concerns. I want to call upon the EC to refrain from doing so this time around. I’d like to request the EC to work closely with us citizens considering that this is to do with citizens’ vote. This approach will be what is in the best interests of this country,” Gasim said.

“If we do get to vote on Saturday, it must only be under an assurance from observers and other relevant administrative authorities that the election will proceed in a manner that we too can readily accept, otherwise we will end up with the same issues as the previous round.”

Gasim addressed the party’s monitors, advising them on key issues to ‘keep a keen eye on during voting hours’, saying “As there hasn’t been very many elections here, people are not well-trained on how it should go. We must be vigilant at all times and keep an eye out to see if any voter tries to keep his hand in his pocket nonchalantly and then pull out and try to drop in an extra ballot paper while casting the vote. We must keep watch and see if they try to mix up anything during the counting of votes. And we must get close enough to be able to see if, after counting, they are placing the correct number against our names. We know the EC has previously committed such acts, where they mix up runner-ups and those who come third”.

Gasim stated that the party will “accept elections readily if it is conducted in accordance with the guidelines issued by the SC” and that the party is ready to proceed with voting once they are “absolutely certain that the voter registry satisfactorily meets our standards”.

“I want to say that we need not reveal what we will do if we come third, as we will not end up in that slot again. We can make decisions about that once we reach that situation, as I am certain that the different parties in our coalition will have their own different views about this. There is no rush, it’s not like we are a soul caught in a life or death situation.”

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Elections Commission confident of preparations for October 19 election, compliance with Supreme Court guidelines

The Elections Commission (EC) has said it has complied with all guidelines issued by the Supreme Court following its annulment of the September 7 election, and is confident it will be prepared for the presidential election this Saturday October 19.

In compliance with the guidelines the EC said it had collaborated with 28 state institutions, particularly the police, Department of National Registration (DNR) and National Centre for Information Technology (NCIT), and was currently processing complaints received regarding the recompiled the voters list based on the DNR’s registry.

New ballot boxes had been introduced for the Male municipality, while all elections officials had been vetted and retrained according to the Supreme Court’s guidelines. New security features had been included on the ballot papers while the NCIT had advised the commission on its database.

Media would be allowed to use reporting equipment to cover the election following the Supreme Court’s supplemental ruling on October 12.

“Most of the work is done. What remains is [parties] approving the voter registry, and sending off ballot boxes and papers,” said EC member Ali Mohamed Manik during a press conference on Thursday evening.

“The most difficult challenge has been the time limit. We don’t have enough time to attend to everything as much as we would like to. It has been difficult for us and the public,” EC President Fuad Thowfeek said.

Following the Supreme Court’s midnight ruling on October 10 ordering the EC to redo the entire voter re-registration process, the commission received 70,000 re-registration forms in just a 24-hour period from voters wishing to vote a location other than their home island. 65,000 voters re-registered ahead of the annulled September 7 poll.

The election will involve 476 ballot boxes and 1500 voter lists, each between 15-20 pages long. Overseas lists will be prioritised, so that ballot boxes and papers can be shipped to locations on Friday morning. Police will provide security to local locations.

Most complaints received by the commission involved people being registered at locations other than those requested during re-registration, while some forms were rejected due to incomplete information.

“As soon as the database is clean and complaints are attended to, we will print the lists. We will invite candidate’s representatives to put their fingerprints and signatures,” Thowfeek said.

Nasheed’s Maldivian Democratic Party (MDP) has already accepted the new list, noting that while the margin of error was higher at 0.61 percent, this was still “negligible”.

The party noted that the revised voter registry is based on the Department of National Registration (DNR)’s registry and lists 239,198 eligible voters, 395 fewer than the 239,593 in the annulled September 7 polls that saw an 88 percent voter turnout.

“When the voter list of 7 September 2013 compiled by the Election Commission is compared with the 19 October 2013 voter list compiled by the Election Commission with the Department of National Registration as its source, we find that there an additional 2258 ID cards,” the MDP noted in a statement today.

The MDP counted 62 people on the list as doubled or repeated, 0.03 percent of eligible voters, while 789 individuals turned 18 years of age between 7 September 2013 and 19 October 2013 and became eligible to vote.

“When the 789 children who turned 18 are subtracted from the additional ID cards (2,258) on the eligible voters list for 19 October 2013, we note that 1,469 persons have been added to the voters list in unclear circumstances. That is 0.61% of eligible voters,” the party noted.

“Despite noting the aforementioned matters, since the margin of error (0.61%) is negligible and because the Constitution of the Maldives states that there must be an elected President on 11 November 2013, the MDP has decided to accept the list and go ahead with the Presidential Election scheduled to be held on 19 October 2013.

“We believe the voter registry is correct and we are ready to vote with that list. If an election is not held on October 19, and a new president is not elected by [the end of the presidential term] November 11, we lose the constitution,” said former President Nasheed.

Jumhoree Party (JP) candidate Gasim Ibrahim said this afternoon that the party would verify the list as soon it was received.

“We do not have any intention to delay the election,” Gasim said, stating that there was no reason why the election should not be held on Saturday.

Progressive Party of the Maldives (PPM) Deputy Leader Abdul Raheem Abdulla said the party would ask the Elections Commission for 72 hours to check the registry, although the EC said during the press conference that it had not received such a request.

“We want the election to be held on the 19th, but with [the Supreme Court guidelines] completed. I do not believe it is possible for all candidates to sign a 10,000 page voter registry and hand over to the Elections Commission by sunset. The election cannot be held as per the Supreme verdict unless that list is handed over,” Raheem stated.

MDP candidate Nasheed tweeted: “Once I receive the voter lists for each ballot box, it will not take me more than two hours for me to check and sign it.”

Elections Commission Fuwad Thowfeek said candidates were expected to sign each booklet, not every single page.

“I hope after so much work by the Elections Commission and the people of the country, candidates will sign it. They have seen how much work we have done and how much the public wants a vote,” said Thowfeek.

The Human Rights Commission of the Maldives (HRCM) has meanwhile appealed to all eligible voters to take “individual responsibility” that the information on the voter registry was same as that on their identity cards, passports and licences.

“Voting is one of the most important opportunities in public participation in governance in a democracy. Use this right with independence, and without influence,” HRCM stated, calling on all political parties to support a successful election and not obstruct the voting process.

The President’s Office issued a statement ordering the Ministry of Home Affairs to ensure the relevant institutions under the Ministry of Home Affairs “conduct matters relating to the first round of presidential elections to be held on 19 October 2013, freely and fairly as per the guidelines delineated by the Supreme Court.”

The JP, PPM and MDP were meanwhile holding rallies tonight ahead of the final day of campaigning.

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