Majlis to reconvene amidst ongoing stand-off

Parliament is scheduled to reconvene today for the first time since MDP members obstructed President Mohamed Waheed Hassan from opening the Majlis with his constitutionally-mandated state of the nation address earlier this month.

However, a resolution to the current political stand-off that has so far prevented parliament from functioning since President Waheed came to power appears unlikely .

Amidst calls from the Inter-Parliamentary Union (IPU) for all parties to ensure that the Majlis is not impeded upon opening today, President Waheed is scheduled to try and give his speech despite pledges by Mohamed Nasheed and the Maldivian Democratic Party (MDP) to continue block him until a date for early elections is set.

MDP fears

In a statement issued by the MDP last night, the party claimed that “the consent of the governed is the basis of any legitimate government.”

With calls from the bodies like the EU and the Commonwealth calling for early elections to be held, the MDP has claimed that it has “indirect” international backing for its stance that the current government has “ no democratic legitimacy”, at least whilst question marks remain over the controversial transfer of power last month.

“MDP believes the current regime has no democratic legitimacy as it was instituted through the mutinous actions of the security forces, in effect overthrowing the first democratically elected president through a coup d’etat,” the party stated.

“It is paramount that a regime that lacks the consent of the governed and that has robbed the People of their fundamental right to choose those who would govern them, must not have legitimacy conferred upon it by opening the People’s Majlis.”

The MDP added that it has been working with rival political parties and President Waheed as part of ongoing talks to try and find a resolution to the current political upheaval – though it claims it has had limited success so far.

However, the MDP’s stance has led to a stalemate in the reform process with the Progressive Party of the Maldives (PPM) and the Dhivehi Rayyithunge Party (DRP) withdrawing from all party roadmap talks due to its blocking of parliament.

Disruptive elements

Criticising the MDP’s ongoing attempts to block parliament, Dr Waheed’s spokesperson Abbas Adil Riza said that the Majlis operated as a separate entity from the president and therefore calls to hold fresh elections were not related to allowing parliament to function.

Riza added that the government was therefore calling on former President Nasheed to “stop advocating violence” particularly among young people, in regards to blocking the Majlis and opposing the government.

“More than 200 youths currently face charges for torching public buildings since February 8,” he added.

Though Riza said that the public would be free to gather on some of the capital’s roads to protest, he added that inside the parliament chamber, it was for the Speaker of the Majlis, Abdulla Shahid, and not the government to ensure parliament functioned correctly.

The presidential spokesperson added that just as under the government of Mohamed Nasheed, the speaker had control of 60 Majlis guards that had the power to remove disruptive elements from the parliamentary floor.

The live feed continues here.

13:34 – One female protester seems to have fainted , while another has been badly affected by gas. “Milk has been put all over her to treat it,” reports Daniel Bosley from between the police lines on Sosun Magu.

13:30 – President Waheed reportedly tells protesters in the chamber “I’ll be back” after having to walk out once again.

13:29 – President Waheed is forced to cut short his speech amongst ironic clapping. Shouts of “long live democracy” are heard as he leaves the floor again.

13:27 – President Waheed is having to shout out his speech as MDP protestors directly heckle him creating a noisy Majlis floor.

13:24 – Police on Sosun Magu have reportedly begun warning protesters they will use “force” to restore order, according to witnesses at the scene.

13:20 – Haveeru has reported that the police are now requesting protesters to being cooperating with them, whilst the Maldives Broadcasting Commission (MBC) has strongly condemned the attack on the VTV building.

13:17 – Addu City Mayor Abdulla Sadiq has said there has been no reports of unrest in the country’s second city. He was unable to confirm if any events or demonstrations were currently being scheduled to occur in Addu.

13:13 – President Waheed has once again entered the parliamentary chamber only to leave again soon after.

13:05 – MDP spokesperson Hamid Abdul Ghafoor claimed that 20 MNDF are now inside parliament in an attempt to remove Milandhoo constituency MP Riza, Machangoalhi South MP Mohamed Rasheed and Thinadhoo constituency Nazim. Ghafoor told Minivan News that MPs Shifaz and Riza had been injured, meanwhile international observers are said to be looking on at events from the public gallery.

13:01 – President Waheed on his Twitter feed has condemned MDP members and Mohamed Nasheed for blocking parliament. “Anni must take responsibility for the chaos as he is directing the chaos in Male’,” he wrote.

12:51 – MDP members inside the chamber have alleged that the Majlis secretary general has compiled a list of MPs that are required to be removed from parliament before the session can start. The MPs claim this goes against the Majlis rules of procedure as it is for the speaker to say who is to be removed by security officials.

12:45 – The MNDF has confirmed that about 60 per cent of the fire at Neelan Fihaara is under control. People are reportedly taking some items that weren’t burnt in the fire out of the premises.

12:39 – Police have now moved crowds outside of ADK Hospital to the other side of Sosun Magu. Minivan News understands that rubber bullets have been fired.

12:36 – Colonel Abdul Raheem of the MNDF has told Minivan News that security would not hesitate to use rubber bullets to disperse crowds, calling them a “non-lethal weapon” that does not constitute excessive force.

12:35 – Haveeru has reported that some protesters have allegedly harassed and threatened some reporters and media personnel.

12:32 – President Waheed has once again left the chamber after disruptions by MDP MPs who have continued to bang copies of the constitution on their desks.

12:28 – The Majlis session has restarted. President Waheed is now in the parliamentary chamber.

12:25 – Protesters around Sosun Magu have claimed that rubber bullets are being prepared for use by MNDF forces.

12:20 – Minivan News has witnessed that police have cleared protesters from Sosun Magu to the west of the junction by Majeedhee Magu.

12:15 – Maldives Police has announced on Twitter that the protests in Male’ are no longer being considered as peaceful – “necessary force” is now expected to be used.

12:07 – Sun Online has reported that MP Shifaz fell and injured himself during scuffles withi the Majlis chamber. “What happened exactly is not yet clear,” the news agency added.

12:03 – Police are reported to have temporarily cleared rioters away from VTV studios.

12:02 – Several physical confrontations have been reported from within the Majlis with the MDP alleging that MP Shifaz has been taken away by the MNDF suffering from a broken leg.

11:56 – An MDP supporter within the Majlis has alleged that Baarashu Dhaaira MP Shifaz has been beaten unconscious by MNDF forces.

11:52 – Outside ADK Hospital several men have been seen covered in blood. Minivan News has witnessed some figures attacking the VTV building with bricks. Soldiers are blocking the doors to VTV studios.

11:48 – “Police are continuing to deploy gas as protesters are being driven back down the street [Sosun Magu],” reports Daniel Bosley. “Some are attacking soldiers on their way past.”

11:45 – Soldiers in gas masks have been spotted outside the VTV building on Sosun Magu. Unconfirmed reports suggest four people have been arrested on the street so far.

11:40 – Fire-fighters are still having difficulty controlling the blaze in the Neelan Fihaara area.

11:36 – Under parliamentary rulings, the speaker must call the name of an MP three times to leave the chamber for contempt before they can be removed by Majlis security. Two MPs have been removed at present. “It could be a long day,” one observer with knowledge of parliamentary proceedings has noted.

11:33 – “The police and local people are now trying to escort police vehicles from the fire. Firemen are still working to put out the blaze,” Naahee adds.

11:29 – Meanwhile, a fire has continued to rage in the Neelan Fihaara. “The fire has even spread to the land in front of the nearby auctioning market,” reports Mohamed Naahee. “ The police garage is right next door.”

11:26 – “There are people now ferrying cases of water to the protest’s front lines in what appears to be a measure to counter the tear gas deployed by police,” reports Daniel Bosley on Sosun Magu. “People are dousing themselves in water.”

11:23 – Protesters on Sosun Magu are said to be cheering as a riot shield is taken from the police and held aloft. An ambulance has arrived on the scene.

11:20 – Confrontations appear to be escalating in the capital with local media reporting that police have now called for the protest on Sosun Magu to be broken up. Outside Majeediyya school, flags and pavement stones are reported to have been thrown at police.

11:16 – “The situation has really escalated on Sosun Magu with tear gas now being deployed. However, the MDP supporters appear to be regrouping,” reports Minivan News’ Daniel Bosley.

11:13 – A Minivan News reporter has witnessed police deploying tear gas on Sosun Magu.

11:08 – Tensions are escalating across the capital amidst claims that a police officer has been injured in scuffles with protesters. Sun online reports that tear gas has been used in response.

11:02 – Haveeru has reported that protesters gathered near the Health Ministry building have begun throwing bottles of water at police as well as trying to breach their lines. Military personal have also now removed MP Alhan Fahmy from the parliamentary chambers.

10:56 – Local media is reporting that military personnel have now been called to Sosun Magu to assist police with a large protest taking place on the street. A spokesperson for the police told Minivan news that they would be working in collaboration with military officials. “They [the MNDF] will be helping us where needed,” the spokesperson added, without elaborating on the nature of the assistance.

10:50 – Outside the chamber, police are said to have cordoned off more than 15 streets including those surrounding the President’s Office and the Majlis in a bid to try and control protests.

10:46 – Meanwhile, Sun Online has reported that President Waheed was not provided with a traditional “red carpet welcome” when entering the Majlis. He instead entered the parliament gate straight from his car.

10:36 – Haveeru has reported that police have been informing protesters gathered on Sosun Magu that peaceful protests will be allowed as part of their constitutional rights, but action will be taken against anyone found to “impede” police.

10:35 – MPs are drumming on tables with copies of the constitution. President Waheed is reportedly in the Majlis, though not yet in the parliamentary chamber, according to state media.

10:33 – Shahid has called for an intermission amidst continued disruption by MDP MPs.

10:27 – Speaker Shahid has asked MP Alhan Fahmy to leave the chamber due to ongoing disruptions as he tries to establish order to the football match-esque atmosphere. MDP MPs are shouting “Baagee Waheed” for their part.

10:23 – The Speaker has called for President Waheed to deliver his address. The MDP MPs have begun their protest.

10:20 – Parliamentary Speak Abdulla Shahid has just started the Majlis session. He has begun with a eulogy for the late Fathulla Jameel. The MDP have vowed to begin their protest after respecting the eulogy.

10:10 – A group of about 200 anti-government protesters replete with MDP and Maldivian national flags have been witnessed in a sit down demonstration outside Majeediyya school – one supporter has claimed it is the school midterm break at present.

09:55 – A Minivan News journalist in the area surrounding the Majlis says that the situation directly outside parliament remains quiet at present, with a somewhat noisy group of protesters currently having gathered at Sosun Magu as police work to enforce a designated route for demonstrators.

The reporter adds that police have blocked access to the Majlis via Fehimagu.

09:45 – A police spokesperson had told Minivan News that there has been no reports so far of conflicts with groups of protesters that are beginning to gather around Male’.

The spokesperson said that the police were hoping to use “minimum force” to keep the protests under control as the Majlis is set to reopen, but the situation would be reviewed as the day progresses.

Likes(0)Dislikes(0)

Supreme Court rules in favour of Gayoom appointees to the former parliament

Supreme Court has ruled in favour of eight appointees to the 16th parliament on 13 March 2012, citing that their removal was unconstitutional and ordered the salaries of these appointees be paid from the time of their removal until the new parliament convened.

Formerly, the Maldives’ parliament had eight appointees to the parliament by the president, according to the old constitution. When former President Mohamed Nasheed was sworn in to the office, he removed the eight MPs appointed by his predecessor Gayoom and replaced them with his own set of appointees. This was before the parliament was elected under the new constitution. The election took place on March 9, 2009.

The removed appointees argued that their removal was against the newly ratified constitution of 2008’s article 294 and had initially filed the case in Supreme Court on 12 November 2008, by MP Rozaina Adam and MP Ahmed Mahloof, both who are currently sitting elected MPs.

The article 294 clause (a) of the constitution which is under the ‘Transitional Matters’ chapter states: “The People’s Majlis [Parliament] in existence at the commencement of this Constitution shall continue until such time as the first elections of the People’s Majlis under this Constitution are held, and election of members and assumption of office by the members.”

However the case was later sent to the Civil Court and the court ruled in favor of Nasheed’s government stating the president had the authority to remove the members and appoint his own until the first parliamentary elections is held under the ratified constitution.

The case was later appealed in the High Court on January 4, 2009. The High Court also supported the Civil Court’s verdict and upheld the ruling on 08 February 2009.

The parties then filed to appeal the case to Supreme Court on April 12, 2009.

In the Supreme Court Ruling, a 3 to 2 majority decision was reached by the five member bench which consisted of Chief Justice Ahmed Faiz Hussain, Justice Abdullah Saeed (former interim chief justice), Justice Abdullah Areef, Justice Ali Hameed Mohamed and Justice Dr Ahmed Abdullah Didi.

Chief Justice Ahmed Faiz Hussain and Justice Abdullah Areef had a deferring opinion which was in support of the High Court Ruling.

Nasheed removed the appointees on 11 November 2008, just a few hours after he was sworn in.

With the Supreme Court ruling, the 8 MPs will now be paid the salary of an MP from the time of their removal until the next parliament was elected on May 9, 2009.

According to the parliament secretariat, salary of an MP at the time of the removal of appointees was RF 62,500 (USD 4053).

If the former MPs are to be paid according to the Supreme court ruling, they are entitled to get the salary of seven months which would be counted from the day they were removed (11 November 2008) to the convening of the first session of the 17th parliament (27 May 2009).

This means each of these parties would receive a sum of RF 437,500 (US$28,372).

Likes(0)Dislikes(0)

Discussions for Parliament’s reconvening at a “crucial and sensitive” juncture

Speaker of the People’s Majlis Adbulla Shahid has that discussions regarding the reconvening of Parliament are ongoing. Despite his belief that a sit-down with all party leaders was not currently possible, Shahid stated that talks were being held on a party by party basis.

Shahid added that details of these discussions, if released prematurely, could damage progress. “That’s why in this crucial and sensitive juncture, I urge all political parties to recognize the importance of dialogue and thus refrain from actions that would impede the discussions.”

The scheduled opening of Parliament last week was cancelled after MPs from the Maldivian Democratic Party blocked Shahid’s entry to the chamber in protest against the government’s reluctance to fix a date for fresh elections.

In response to this, former President Maumoon Abdul Gayoom’s Progresive Party of the Maldives (PPM) joined the Dhivehi Rayithunge Party (DRP) withdrew from the roadmap talks, which are aimed at ending the current political crisis.

Likes(0)Dislikes(0)

Criminal court orders released of those arrested during March 1 protest

The Criminal Court has ordered the release of protesters arrested on March 1, after the expiry of the five day extension of detention.

Sun Online reported that 24 people were released who were, according to Sub Inspector Ahmed Shiyam, the last of those people arrested on March 1.

Investigations were ongoing and would be referred to the Prosecutor General, Shiyam said.

Likes(0)Dislikes(0)

“Dark day in constitutional and parliamentary history”: Dr Jameel

The government has responded to the Maldivian Democratic Party (MDP) MPs’ preventing President Mohamed Waheed Hassan from giving the annual presidential address on March 1, in a press conference on Thursday.

Special Advisor to the President Dr Hassan Saeed, Home Minister Dr Mohamed Jameel and Attorney General Azima Shukoor, criticised the acts of the MPs, labeling them “uncivilised” and “unethical”.

“President Waheed went to the Majlis at 10:00am and had waited until 6:30pm to execute his constitutional duty,” said Dr Saeed. “He faced enormous challenges and obstruction [from MDP MPs] during this time but tried his best to resolve the situation peacefully until the last minute.”

Dr Saeed said that although he could not deliver his speech in the parliament, he had shared a written copy of his speech with the speaker and members of parliament would have received a copy of it by now.

“After requests from MDP MPs, the President met with them and they did make some proposals. The President, as the head of the state, even acknowledged those proposals but it all went astray at the end of the day,” Dr Saeed said.

“One proposal the MPs made was that instead of political parties negotiating on early elections, they wanted parliament to decide on the matter,” he added.

“The events that happened [in the Majlis] were uncivilised and unethical given the developed era we live in today.”

Home Minister Dr Jameel described Thursday as a “dark day in constitutional and parliamentary history” of the Maldives and acknowledged the patience and determination of the security forces in handling the situation.

“Security forces [police and MNDF] handled the situation with great patience and determination. Many officers sustained various degrees of injuries while controlling the protesters,” Dr Jameel said.

“14 officers sustained injuries, four of which were serious. One officer is still in a critical condition and is being prepared to be flown to Sri Lanka for additional care,” he continued.

He emphasised that the government would take action within the boundaries of the law against everybody who had obstructed the duties of the police, including those currently in police custody.

Dr Jameel noted that after investigation of those arrested, police had found that some of the suspects had tested positive for drugs after urine tests.

“We are now getting evidence that there are unlawful activities going on in the demonstrations held by the MDP,” he claimed.

Attorney General Azima Shukoor stated that she did not believe Dr Waheed had failed in executing his constitutional duties since as per the article 84 of the constitution, the first session of the parliament had not convened.

“According to the article 84 of the constitution, as long as the first session of the parliament has not convened, I do not believe that the president has failed in executing his constitutional duty,” she said.

Article 84 states: “At the beginning of the first session of each year at the first sitting, the President shall address the People’s Majlis [Parliament] on the state of the country, and may present proposals for improving the state of the country to the People’s Majlis.”

Shukoor offered assurances that President Waheed would remain determined to execute his constitutional duties and that he remained willing go to parliament and deliver the presidential address if the speaker and the parliament invited him to do so.

Asked how the government could proceed in passing bills and approving the appointment of ministers, if MDP MPs continued to challenge the government’s legitimacy and obstruct government proposals, Dr Saeed responded that “No one should try to take advantage of the President’s approach of negotiating for a peaceful solution, and no one will succeed. The President will do whatever he can in his capacity to deliver peace and order in the country.

“Those who obstructed the President from delivering the speech were not the majority of the parliament. There were 44 other MPs whose rights were deprived by them,” continued Dr Saeed.

“Whether [the MDP] believe it or not, this government is legitimate. It came to power constitutionally.

“Even if there are questions of legitimacy, this is not the way things have to be done. The international community, including the Commonwealth, have recognised the Commission that the government formed to investigate questions regarding that arose regarding recent events,” continued Saeed.

Dr Jameel said: “The actual answer to the question [you] asked is, we are seeing the behavioral differences between two political groups of the country. That is, since the beginning if anything that goes the way the MDP does not want, they always blame the institutions and the heads of those institutions.

“For instance, look at the example when the court issues a verdict in the case of MP Ismail Abdul Hameed or MP Musthafa, [two MPs who lost the seats recently]. [They claimed] the courts were at fault and they did not recognise the courts. MP Reeko Moosa Manik created his own court and issued verdicts. Where in the world does that happen? I am surprised because journalists don’t notice that,” Jameel said.

Jameel went on to state that “They [former government] arrested people the way they want and did not get their custodial period extended, for example the way they arrested me, I think they made a world record by summoning a politician six times in one week to the police station and keeping me very brutally in isolation at Dhoonidhoo island on three occasions just because of an opinion I expressed.”

Jameel continued “Minivan news is a newpaper which advocates freedom of expression as I heard, but even in Minivan News I highlight with regret that I don’t think they had reported this case, also I heard there was a group who advocated for detainees rights but they chose to remain silent when we were arrested, also they went to the court and said that we got orders from above to arrest Jameel. This is what the court said. Because it failed the courts were at fault [for MDP]”

Jameel also said that the Anti Corruption Commission (ACC), Civil Service Commission (CSC) and Attorney General’s office had all been portrayed as at fault because they had issued statements that were against what MDP had wanted.

The police and the Maldives National Defence force had been painted as at fault by the MDP, Dr Jameel claimed, “because they had only asked then government not to issue unlawful orders. So [the MDP portrayed] them as the worst people that ever created. These are examples that can be seen.”

Jameel reiterated that when DRP was in opposition they had “never had hijacked the parliament when the President arrived to deliver the speech.”

Minivan News asked whether the government would continue to seek to negotiate a political solution for the situation, to which Dr Saeed responded: “This government is not a government that will declare war against parliament. If a bill or a policy that the government proposes is rejected by the parliament, we will not arrest MPs for charges of acting against the state. We will not keep MPs on Aarah for 10 days.”

“I assure that even if the most important policy of President Waheed does not pass, he will not take any action against the parliament. Cabinet Ministers won’t resign. He won’t protest in front of the parliament building. We assure you that from President Waheed.”

Dr Saeed also said that the policies Dr Waheed would propose would not be his own policies, or those of the coalition he represents, but would rather be in the best interest of the people. He also stated that Waheed’s policies would “not contradict the oath of the MPs as well.”

Shukoor responding, stating that “In the question of legitimacy, the opposition during Nasheed’s presidency questioned his legitimacy as well. But during that term, the legitimacy was not a problem because the constitution states that for any reason if the president resigns, the vice president would take his place. That’s what is in the constitution.”

“We are speaking of an early election not because we have a legal issue here, nor there is a question of legitimacy of the current government, but to find a political solution. We are calling to amend the constitution for an early election because there are no stipulations that allow an early election to be called.”

“It is very clear. The vice president can remain till the end of the term [after assuming presidency]. It is stated in the constitution so there are no issues of legitimacy here,” she claimed.

“The current president who is in power is the person people voted for in case the serving president was unable to continue his term in any circumstance, so even looking at the political purpose here, there is no question of legitimacy here.”

“When you say a sizable amount of MPs are questioning the president’s legitimacy, I believe the national flag was torn off [in the parliament chamber] not because there was a question of legitimacy of the president, thiswas is very clear. That the speaker was unable to get into the parliament chamber was not an issue concerning the legitimacy of the president.”

Shukoor said that even if the legitimacy question was there, no one should dishonor the national flag as the national flag was legitimate.

During the scuffles in parliament, Minivan News observed from the press gallery that the national flag was knocked over while MDP MPs sought to remove the Speaker’s chair, but was quickly returned to its original position.

Likes(0)Dislikes(0)

Comment: Consensus the only way forward

The Maldivian Democratic Party (MDP) has not served its cause for early polls nor has it covered its democratic credentials with glory when it stalled Male and stopped President Mohammed Waheed Hassan from delivering the customary annual address to Parliament on Friday, March 1.

For their part, the government parties, while commendable as their conduct was in not allowing themselves to be provoked both inside and outside parliament on the occasion, seem to have backtracked on the spirit of the India-facilitated roadmap consensus document on restoration by being vague on early polls to the presidency than when due in November 2013.

The alternative to consensus is utter chaos that Maldives now or ever could ill-afford. That was also the spirit of pragmatism that attended on the Indian concerns for encouraging the roadmap document and subsequent roadmap discussions. Political stability being the touchstone for progress of democracy in any community or country — and Maldives is a combination of both than in most – the roadmap provided for this and more. Or, else, the rest of the world with their vast democratic experience would not have endorsed the Indian initiative to recognise the alternate government of President Waheed after President Nasheed had announced a vacancy through a much-televised resignation, as provided for in the nation’s constitution. Both the US and China were in the list though the latter cannot be called democratic by any stretch of imagination.

Having encouraged defections in a 77-member parliament where it did not have the numbers after the 2009 elections, the MDP cannot complain about democracy-deficiency in the rest of the polity – greater or lesser be its concerns. Having taken to the streets and encouraging individual policemen and MNDF soldiers to join forces for demanding President Nasheed’s exit as numbers would not help his impeachment through a two-thirds vote in Parliament, the present ruling combine cannot blame the MDP for adopting similar tactics to drive home its demand. The consequent deadlock cannot be allowed to hold the nation to eternal ransom, which it will be if parliament does not meet in cooler climes to address irritants and issues which in fact had facilitated democracy-deficit in the first place.

Singing a different tune

The solution lies in between. The ruling parties of the day need to acknowledge that functional democracy is not possible without a parliamentary majority even with an Executive President at the head. The MDP in turn has to acknowledge that with only 34 memb4ers, up from the post-poll 27 but excluding the one disqualified by the Supreme Court after President Nasheed’s exit, it is still short of an absolute majority. At the bottom of the MDP’s problems, both parliamentary and political, while President Nasheed was in office was its failed strategy for the parliamentary elections. The party compromised healthy parliamentary precedents that it should have set, and encouraged questionable prosperity in individual members, which did cause eyebrows to rise when they decided to support the Nasheed Government in the past.

President Waheed’s government cannot continue with the perceived pitfalls from his predecessor’s time and expect to give a government different from that of President Nasheed, and hope to win over the masses (read: voters) ahead of the presidential polls. Having argued that all economic and fiscal measures of the Government would require a parliamentary approval when the MDP Government was in a minority, the anti-MDP group that now backs President Waheed cannot sing a different tune if and when they want to change what they call the ‘faulty economic policies’ of the predecessor, even if only to win over the masses.

The less said about the complexities attending on early elections the better. Having faulted constitutional institutions other than that of the Executive, represented exclusively by President Nasheed and his Cabinet, which in turn was tied down to parliamentary endorsement based on majorities, the MDP now cannot rush the nation into elections, and then complain all over again, if candidate Nasheed were to return to power once more. The alternative to working with the existing institutions at the time would be outright autocracy. The party says it shuns autocracy, and is not tired of referring to Nasheed’s predecessor, President Maumoon Abdul Gayoom, as one – even while the reference otherwise are to people who had once served the latter and have since found a place in President Waheed’s team.

Burden, not a boon?

The MDP needs to cool tempers — not just of its leadership and cadres, who feel indignant and frustrated at what they claim to be the forced exit of President Nasheed. They need time even more for cooling the tensions that had built up between the party, the government of President Nasheed and various institutions and arms thereof. The MNDF and the police force are main components of such a scheme, and without addressing the issues triggered by the ‘mutiny charge’ and frequent changes at the top with them, an MDP President could be a burden to the nation than a boon. The latter, not the former, should be the case, post-poll.

The MDP needs to give the nation and parliament time to rework the institutional framework as they exist, though not time enough for imbibing in them a new sense of purpose and direction expected of them in a democratic scheme. The latter would take a lot more of time, and Rome, after all was not built in day. Putting the cart before the horse will also be a lop-sided approach which could only upset the MDP apple-cart, and the larger cause even more in a fledgling democracy with its inherent and institutional problems that have already shown up for what they are worth — or, not worth.

The inherent problem to post-Gayoom democracy in Maldives owes to the kind of constitution that they all produced in haste in 2008, with the sole aim of getting the incumbent out of their way, and of the nation’s way, as they had thought. That many political parties that are now against the MDP and are thus in the Waheed dispensation, had worked with the MDP to have their way when Gayoom was the sole power-centre. Just because they have fallen out even before the ink on the constitutional document had dried up, they, together with the MDP, cannot expect the inherent institutional inadequacies, to drop out, too.

Today, the MDP still wants to keep the political ghost of Gayoom alive, to try and win another election. It refuses to understand that after three years in office, and wide publicity that a thinly spread-out nation had not seen before, the voter would be judging the MDP by President Nasheed’s tenure, and not by that of his predecessor, per se. The near-dignified conduct of the government parties to the MDP’s street protests and parliamentary behaviour is a silent message that the MDP should be reading, instead. This coupled with the cost of living and dollar-rate are among the issues agitating the voters, and would be more so than democracy issues, as flagged by the MDP, if only after a time from now.

Electoral agenda

At the end of the day, both the MDP and its opponents in government are working on narrow political, rather electoral agendas, and are not on a national manifesto that the constitution still enshrines. The MDP would want to strike the electoral iron when people’s memory is still hot on the democracy and injustice issues that it now flags. The party does not seem to have the confidence to go back to the voters, based on its claims to be a better government than its predecessor. The government parties are also aware of the MDP strategy, and seem to be working with the sole aim of denying the MDP the pleasure of early elections.

The government parties also have the problem of having to decide early on about their own strategy for fresh presidential elections, and would want that date pushed as far back as possible. It would have been a different ball-game had presidential polls come in their natural course. The focus would then have been on President Nasheed and his completed five-year term. The question now is whether they would want to contest the first round of presidential polls independently or collectively, or in different combinations – and re-work their strategies for the second, run-off round, if they are confident of a second round in the first place. The last time round, all anti-Gayoom parties contested alone in the first round, but pooled their votes in favour of Nasheed, the first runner-up to give the latter his first electoral entry into the nation’s politics.

If the parties decide to go it alone now again, political morals dictate that their representatives on an otherwise apolitical Cabinet pull out before the presidential polls. One alternative to the possibility is to talk the MDP into joining what truly should be a ‘national unity government’, as propagated by President Waheed on assuming office, but not necessarily afterward. The other and worse alternative would be for the incumbent President to reconstitute his Cabinet, and yet hope that Parliament would clear the names.

It is a pre-requisite of the times that Parliament clear President Waheed’s team, as the Government parties had insisted upon when President Nasheed was in office. With Independents still holding key to a parliamentary majority, it could mean a lot in terms of compromises, if not corruption charges for purchasing their loyalties, which could at best be issue-based, and for obvious reasons. This is not the kind of democracy that Maldives and Maldivians deserve.

The ruling parties now have to record with appreciation the successive climb-downs that the anguished and aggressive MDP has made since President Nasheed’s exit. The peaceful conduct of successive rallies after the first one 24 hours after the exit had turned violent, should be a case in point. Maldives cannot even afford the police force clashing with the MDP cadres, and contributing to the continuance of peace in political rallies has become a condition-precedent for the Maldivian State to maintain a semblance of order and structure than at any time in the past decades. The alternative could be outright anarchy, and the dividing line is too thin for the nation to strain.

Likewise, the MDP has also begun participating in the roadmap talks, for which it had earlier laid pre-conditions. It may be true that the party has used the talks only to drive home its demand for early polls, and nothing more, it would soon (have to) realise how it needs the rest as they may need the party. Again, it can settle for a continued deadlock the kind of which that started the nation at the face under President Nasheed in 2010. This time round, however, such a deadlock could mean that the presidential polls may not become due until November 2013 — which is against the party’s demands and expectations.

There is a consensus that a new President should have a full five-year term, and not the residual term for which President Nasheed was elected in 2008 and a part of which President Waheed is now entitled under the Constitution. The MDP needs to acknowledge that it needs the rest of them all to have the constitution amended with a two-thirds vote, to facilitate an early election that they want. Not having compromised on issues in Parliament in the past, and having deflected the nation’s focus from one issue to another, the party may now find it difficult to take firm positions on the Roadmap even if in terms of reaching where it wants to reach.

Parliament, and not Male’s street, is the venue, and nothing is going to change inside the Chamber beyond a point by pressures from outside. If that were so, it would have happened even when President Nasheed was in office. Hoping to play the old game and paint President Waheed’s team as a revival of President Gayoom’s ‘autocracy’ has not convinced anyone who mattered elsewhere. It would remain so even more. The MDP, more than the rest, has to learn to work with other elements in a democracy and the government in a democracy. Possibly because they have to live down their ‘autocratic past’, the rest of them all seem to be less judgmental or unit-directional than the MDP.

Learning from others mistakes

It is unfortunate that mischievous sections tended to attribute motives to Indian Foreign Secretary Ranjan Mathai’s reported reference to the Roadmap propositions at the all-party meeting that he was invited to attend by President Waheed, during his second and more recent visit to Maldives after the political crisis blew up in the first week of February. As Indian officials have already clarified and explained, Secretary Mathai was only referring to the roadmap that all of them had agreed upon during his previous visit, and which the all-party conference chair too had circulated for fixing priority. That was the crux of the matter, and not the Indian position, of which there was none.

Coming from the world’s largest and equally complex of democracies, Foreign Secretary Mathai’s prescriptions, if any, would have been the quintessence of the Indian experience and exposure to a scheme that was alien to the shared sub-continental pride and traditions. Maldives can learn from other people’s mistakes. Alternatively, it could learn the lessons by going through the birth-pangs of democracy itself, which the nation anyway cannot avoid after a point, despite external prescriptions to induce pain at appropriate times and extinguish the same on other occasions. It is for Maldives and Maldivians to decide which, what and when they want them -and how, and how much of each. The rest of it all would follow, as if they were a natural course.

The writer is a Senior Fellow at Observer Research Foundation.

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]

Likes(0)Dislikes(0)

Parliament cancelled after demonstrations by MDP MPs, protesters

Parliament was cancelled after Maldivian Democratic Party (MDP) MPs blocked Speaker Abdulla Shahid from entering the chamber, in protest against an address that was to be given by President Dr Mohamed Hassan Waheed.

At a press conference on Wednesday evening, Shahid said he was unable enter the chamber despite several attempts, and on one occasion had fallen and injured himself. Given the current political tensions, Shahid said he was unable to guarantee the safety of members and had decided to proceed through negotiation, rather than force.

Shahid further condemned MDP’s disruption and said it was unhealthy given the current political climate.

With the exception of the streets around parliament, which were locked down by police and military officers, the streets of Male’ were eerily quiet this morning.

In the narrow alleys around parliament, protesters gathered and put pressure on police lines. The largest demonstration gathered around a group of women, some wearing face masks and goggles, who sat down in front of police at an intersection on Sosun Magu. The small group of police blocking the street to parliament appeared anxious but tolerant, and the mood was peaceful.

Roads blocked by police

Earlier this morning, police reported that four officers were hospitalised with serious injuries after protesters attempted to break through police lines near the Wood Apple and threw stones and poles. A further 10 officers suffered minor injuries before the area was reinforced by the military.

“44 people have been arrested and police have the area controlled,” said Sub-Inspector Ahmed Shiyam. A subsequent SMS from police suggested that some of those arrested were to be tested for possible intoxication.

As of 1:00pm there had been no reports of protesters injured, and Minivan News observed police showing restraint in holding back largely peaceful crowds.

MDP MP sitting on the Speaker's table

Inside parliament, MDP MPs – who make up 34 of the 77 member chamber, after the Supreme Court disqualified MP Mohamed Mustafa last week – were blocking the Speaker of Parliament, Abdulla Shahid from entering. Images being tweeted by MPs inside showed MDP MPs sitting on the Speaker’s table at the front of the chamber. MPs barricaded the doors and removed the chairs intended for the Speaker and Dr Waheed.

Shahid and a member of the Inter Parliamentary Union (IPU)  reportedly spoke with MPs to try and resolve the stand-off, while Haveeru reported that Indian High Commissioner D M Mulay was seen leaving the parliamentary office.

Telephone and internet connections inside parliament were reported to have been cut.

MDP made the decision to obstruct Dr Waheed’s address after the India-sanctioned ‘roadmap’ talks failed to produce an election date. A week of talks had established a seven point agenda, which included setting an election date and discussing necessary constitutional reforms, but no order of preference was agreed in yesterday’s meetings.

Rhetoric from key government figures, including Dr Waheed, has meanwhile suggested that they favour elections as normal in 2013. The MDP maintains that Mohamed Nasheed was ousted in a bloodless coup on February 7, and that Dr Waheed’s government is illegitimate.

Updates:

1:21: President Waheed’s Press Secretary Masood Imad said Dr Waheed remaining inside parliament waiting for the opportunity to give his address, but said MDP MPs had occupied the chamber and were obstructing the chamber.

2:20: Crowds in the streets outside parliament heated but non-violent. Chief of Defence Force Major General Ahmed Shiyam and Police Commissioner Abdulla Riyaz are reportedly conducting a meeting inside parliament, along with some members of Dr Waheed’s new cabinet.

2:55: The United States Embassy in Colombo has issued a statement expressing concern at the “disorderly protests in Malé and disruption of the opening session of the Majlis.”

“The US attaches great importance to our friendly relations with Maldives. We have welcomed the efforts of all sides to participate in a dialogue on a democratization process that could create the conditions for early elections. As the Majlis session opens, the United States encourages all parties to continue to work collaboratively and peacefully toward a solution as agreed with the Roadmap document, and not allow violence to further complicate the situation. The United States will continue to support Maldives in this process, and we stand ready to provide technical assistance on elections. In the interests of all Maldivians, we urge the parties to work together in a constructive and cooperative manner to reach agreement.”

5:30: A press conference has been called in parliament.

5:50: Spokesperson for India’s Ministry of External Affairs, Syed Akbaruddin,  said at a press conference that India’s “Foreign Secretary was [in the Maldives] to facilitate among Maldivian parties the next steps in trying to resolve this issue. The issue that remains contentious and that is the only issue left on the table is the date of elections. There were some that wanted the date to be announced prior to the Majlis and some wanted it to be dicussed inside the Majlis. As far as India is concerned, we are okay if there is discussion inside the Majlis or any other forum that they find suitable.”

6:00: Reports of MDP MPs being warned they would be removed by the military if they continued to disrupt the session.

6:30: MDP MPs Ibrahim Rasheed and Mohamed Shifaz have reportedly been removed from the parliament chamber by the military.

6:45: Rasheed was let back into the chamber after MDP Parlimentary Group Leader Ibu Solih negotiated with the Sergeant-at-arms.

7:00: A press conference that was earlier cancelled is back on.

7:30: Speaker Abdulla Shahid has announced the cancellation of the parliament session, after MDP MPs refused to let him into the chamber. On the last attempt Shahid said he fell and hurt himself slightly. The next session is scheduled for Monday.

8:00: President Waheed, Dr Mohamed Jameel and Azima Shukoor holding a press conference imminently.

Likes(0)Dislikes(0)

MDP calls for peaceful demonstrations, police restraint, after talks delayed

The Maldives Democratic Party (MDP) has issued a statement calling for “all stakeholders in the Maldives to act responsibly and to conduct themselves peacefully during protests planned to coincide with the opening of the first session of the People’s Majlis” on Wednesday morning.

“MDP recalls that freedom of assembly is a Constitutional right in the Maldives and must be fully respected by the authorities. The right also entails responsibilities for all parts of society – both the protester who must conduct him/herself peacefully and within the law, and the police and security services who must show maximum restraint towards peaceful protesters, ensure the safety and well-being of all, and avoid violence,” the party said in a statement.

It was, the party said, “vital for the restoration of calm, for the future of democracy in the country and for the international reputation of the Maldives, for the police to avoid any repetition of the events of 8th February in the capital.”

The party has called for protests after roadmap talks failed to produce an election date ahead of parliament’s opening on March 1.

Roadmap mediator Ahmed Mujthaba told Haveeru the talks had been delayed due to the “sensitivity” of the issues.

Likes(0)Dislikes(0)

Parliament security committee meeting to resolve political instability breaks down as MPs argue

Opposition protests continued on the streets of Male’ on Saturday night, while parliament’s National Security Committee (NSC) meeting to resolve the political instability was dismissed abruptly after heated arguments broke out between opposition and ruling Maldivian Democratic Party (MDP) parliamentarians.

Opposition protests have continued every night since January 16, after the Criminal Court Chief Judge Abdulla Mohamed was arrested by military forces and detained at a training facility in Kaafu Atoll Girifushi – an unprecedented move that has led to a judicial impasse, intensified by political polarisation.

Home Minister Hassan Afeef and Defence Minister Tholhath Ibrahim Kaleyfaanu were summoned to the first session of the meeting and questioned by the opposition MP’s about the arrest of Criminal Court Chief Judge Abdulla Mohamed on January by military forces, which has subsequently led to consecutive opposition protests calling for his immediate release.

In response, the Defence Minister interjected that the judge is not under arrest, and that he is being “supervised to ensure national security”.

He avoided MP’s repeated requests to explain the reasons for the judge’s arrest, claiming that reasons have been explained in a previous public statement which was aired on state TV channel three days after the arrest. Afeef at the time had accused the judge of “taking the entire criminal justice system in his fist”, stating that the executive had been compelled to act to protect the constitution. The judicial watchdog – the body mandated to investigate and act on such allegations – had complied with a civil court injunction filed by the judge against his own investigation.

Several opposition MPs walked out of the meeting, complaining that the ministers did not answer their questions.

In his statement the Defence Minister revealed that police sent a letter to the armed forces on January 16 “requesting assistance to carry out its legal duty under article 71 of the Police Act, stating that the Criminal Court was not cooperating with police and that as a consequence of Judge Mohamed’s obstructing police work, the country’s internal security was threatened and police were unable to maintain public order and safety.”

Therefore, Maldives National Defence Force (MNDF) exercised authority under chapter nine of the constitution and the Armed Forces Act of 2008 to take the judge into custody, he said, disputing that the judge’s detention was unconstitutional.

Tholhath added that MNDF would provide assistance to ensure public safety, and that the consecutive protests and unrest had jeopardised it.

Meanwhile, Afeef observed that those accused of causing the current unrest and destroying public property were swiftly being released by the judges, thus encouraging more unrest.

“Public safety is being lost because of judges’ actions,” Afeef concluded.

However, speaking at the NSC meeting’s second session, Judicial Service Commission (JSC) President and Supreme Court judge Adam Mohamed insisted that the current crisis had not been caused by the incompetence of the commission.

He claimed that the commission was executing its duties duly. The “earlier environment did not allow the commission to work,” Mohamed claimed – a comment directed at the former President’s member of the JSC, Aishath Velezinee, who had openly protesting against the unconstitutional appointment of unqualified judges, delays in investigating allegations against judges – including the chief judge – and politically biased decisions of the JSC. She was dismissed from the position in May 2011.

Velezinee  attended the committee meeting with a box full of papers on the judiciary, and maintained her stance that public has “lost confidence in the courts due to the JSC’s failure to take action against the chief judge”, and due to the reappointment of judges with life time tenure in violation of the constitution.

Velezinee has previously alleged that Abdulla Mohamed was at the heart of a “silent coup to hijack the judiciary”, with the complicity of opposition MPs seeking to prevent cases against them moving through court.

The NSC meeting heated up, after opposition MP Abdu Raheem objected to the summoning of JSC members to the national security committee.

Raheem claimed that the JSC must be summoned to parliament’s independent commissions committee, and the NSC’s meeting should be continued under the advice of Consul General.

Committee chair MDP MP Ali Waheed interjected that anyone can be summoned to the committee for questioning and adjourned the meeting after repeated attempts to maintain order failed as MPs continued arguing.

Meanwhile, out on the streets, the opposition continued to call for the release of Judge Mohamed and the resignation of President Mohamed Nasheed. The protests began near the Progressive Part of Maldives (PPM) camp, as pockets of MDP activists obstructed the rally, leading to mild confrontations which were controlled by the police.

The police comfirmed 16 were arrested last night.

Likes(0)Dislikes(0)