Tag: political parties

Attorney General files case requesting Supreme Court prevent dissolution of smaller political parties

The Attorney General has filed a case at the Supreme Court requesting it declare that existing smaller political parties would not be dissolved following the ratification of the new Political Parties Act.

On March 2013, a similar case was filed by the attorney general requesting a writ of mandamus against the Elections Commission to prevent dissolution of those political parties which failed to maintain the required 10,000 members as stipulated in the Political Parties Act.

Following the case, Supreme Court issued a temporary injunction against the Elections Commission ordering it to withhold the dissolution of political parties that did not have the required membership.

During the hearing of the new case filed as an ex parte case on Wednesday, state attorney Ahmed Usham contended that there were legal issues with the Political Parties Act.

Usham argued that although the constitution states that a fundamental right could be limited only through legislation, the state was not of the view that the right to association and form political parties be limited as strictly as stipulated by the act.

He added that political parties were also separate legal entities under both the political parties’ regulation that was in place prior to the enactment of the new act, and therefore would have conducted commercial transactions and hired employees.

Therefore, dissolution of political parties Usham argued, would compromise the rights of several groups of people.

He also contended that requirement of specific number of members in a political party varied from country to country, but countries with larger populations than the Maldives had a lower minimum requirement for party membership.

Though the case is being heard as an ex parte case, tourism magnate Ahmed ‘Sun Travel’ Shiyam’s Maldivian Development Alliance (MDA) also intervened in the case.

Speaking during the hearing, MDA’s lawyer Maumoon Hameed contended that following the enactment of the Political Parties Act, several rights of the political party had been compromised.

He also said that the requirement of 10,000 members was too large compared to the population of the country.

Hameed contended that the bill’s stipulation that newly formed political parties would have a three month period to gain membership, while existing parties did not have the same opportunity, was unfair.

The MDA also requested the Supreme Court declare that existing smaller political parties would not be dissolved according to the law.

Today’s hearing was heard by the full seven member bench of the Supreme Court, and concluded without mention of a further hearing on the matter.

Passage of the bill

The Political Parties bill was passed on December 2012 however, President Mohamed Waheed Hassan Manik – whose own Gaumee Iththihaadh Party (GIP) is among those set to be dissolved – refused to ratify the bill and sent it back to parliament for reconsideration in January.

On March 5, with unanimous support from both parliament’s minority leader and majority leader, the bill was forced into law, overruling the presidential veto. Out of the 67 members present during the vote, 60 voted in favour of the passage of the bill while six voted against the bill and one MP abstained.

Article 11 of the law states that at least 10,000 signatures are needed to register a party with the Elections Commission (EC), which would be mandated to monitor that membership does not fall below the figure.

Parties unable to sign 10,000 members would be dissolved.

Immediate dissolution of smaller political parties

Following ratification, President of the Elections Commission (EC) Fuad Thaufeeq stated that the commission’s interpretation of the act suggested that political parties that did not have a minimum of 10,000 members could be abolished immediately.

He stated that once the act was gazetted, the commission was of the view that smaller political parties would immediately be dissolved. However, he said the EC’s legal team was currently reviewing the act and would make a decision based on its report.

“Our legal team is currently reviewing the law before it actually is enacted. That the bill has passed with such a strong majority means that the commission will make all the necessary arrangements to begin enforcing the law,” he said.

He added that the law gives the Elections Commission additional powers to regulate and discipline political parties, and powers to take action against parties violating the law.

Despite several parties facing being dissolved, Thaufeeg said that he hoped to see several parties registered under the new law.

Following the enactment of the act, several smaller political parties including President Waheed’s GIP, his Special Advisor Dr Hassan Saeed’s Dhivehi Qaumee Party (DQP), MDA and religious conservative Adhaalath Party criticised the Act, stating that they would take the matter to the Supreme Court and seek invalidation of the bill.

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Police officers find their names included on party registries against their knowledge

The Maldives Police Service have revealed that a number of its officers have had their names unknowingly included in certain political party membership registers.

Police Spokesperson Chief Inspector Hassan Haneef told local media on Thursday (March 14) that an unspecified number of police staff had been registered to political parties without their knowledge.

A tweet posted by Commissioner of Police Abdulla Riyaz on Thursday said that Assistant Commissioner of Police Ali Rasheed’s name was also found to be listed on a parties registry without his knowledge.

Article 69 (c) of the Police Act prohibits policemen from registering to political parties, being directly involved in political activities, and financially contributing to a such parties, local media reported.

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Forgeries, fraud and dead people appearing on party membership forms: Elections Commission

The Elections Commissions (EC) has said it has noticed a surge of discrepancies on membership forms submitted by certain political parties including forged documents, forms with false information and even forms filed under the names of dead people.

During a press conference on Wednesday, Vice President of the Elections Commission Ahmed Fayaz said the commission noticed the discrepancies after it received a large number of membership forms ahead of parliament’s decision that parties with under 10,000 members would be dissolved.

According to Fayaz, within the last few weeks the EC noticed that a large number of membership forms had major forgeries including forged signatures and duplicated national identity card numbers.

He also said the commission had received forms submitted in the name of people who no longer were alive.

Fayaz said the commission had now forwarded the cases to relevant authorities, including police and the Department of National Registration (DNR) to investigate the matter.

Speaking to Minivan News, Secretary General of Elections Commission Asim Abdul Sattar said the commission was now working to verify and validate all the forms that it had received from the parties.

He added that the commission felt the forged membership forms began appearing after the parliament previously ordered the commission to stop using fingerprint verification on membership forms.

In April 2010, the Elections Commission introduced a new political party registration form to avoid the recurrent problem of people being registered to political parties without their knowledge.

President of the Elections Commission Fuad Thaufeeq at the time said the commission had uncovered an estimated 900-1100 people registered to political parties without their knowledge, “from all political parties.”

The new form introduced required the person’s fingerprint, two witnesses and their signature. It came under heavy criticism from political parties alleging that the EC was biased in approving forms by certain political parties.

On November 2012, Parliament’s Independent Institutions Oversight Committee requested the Elections Commission cease requiring fingerprints on applications for political party membership.

The committee members questioned the efficiency of fingerprinting technology, arguing that no mechanism or database presently existed in the Maldives that could store the required amount of information.

Explaining the decision to discontinue the EC’s request for fingerprints at the time, Deputy Chairman of the Independent Institutions Committee, Maldivian Democratic Party (MDP) MP Ahmed Sameer, said the Maldives did not presently have a mechanism or system to collect and store such information.

“In regards to issues with the fingerprinting system, the EC, Department of National Registration and the Maldives Police Service all agreed they do not have enough records or verification systems available,” he told Minivan News at the time.

The DNR was also reported to have confirmed that no fingerprint database presently existed in the Maldives.

The EC Secretary General added that another factor causing the sudden boost in forged forms may have been the passage of Political Parties Bill, which requires parties to achieve a prerequisite of 10,000 members before being recognised as a political party – and receiving state funding.

“Some political parties began campaigns to achieve 10,000 members and during the process we started noticing such [invalid] forms. They may have predicted that the Political Parties bill would be passed,” he said.

Sattar admitted the commission was facing “technical difficulties”, such as the technology required to verify fingerprints.

“Now we are working to formulate political parties regulation under the newly passed act, and we believe that when this regulation comes into force, it will significantly lower the problems the commission is currently facing,” he said.

However, Sattar declined to reveal the names of the parties that were involved in the scandal, stating only that “the commission will decide whether to reveal the details after investigations by relevant authorities conclude.”

Following the parliament’s decision to speed up the drafting of political parties bill, several smaller parties began membership sprees to reach the limit of 10,000 members, including President Mohamed Waheed Hassan’s Gaumee Iththihaadh Party (GIP), business tycoon MP Gasim Ibrahim’s Jumhoree Party and the religious conservative Adhaalath Party (AP).

Waheed’s GIP was accused of trying to induce people to join through illegitimate means, in a bid to shore up the party’s membership base. The inducements included offering “music equipment and a place to play for free” as well as “hosting shows and parties” for young people.

Apart from luxurious parties and entertainment, GIP also allegedly promised highly paid government jobs and promotions in return for joining the party.

Meanwhile, contrary to GIP’s approach, the Adhaalath Party (AP) employed a more conservative approach running membership campaigns under slogans such as “Join Adhaalath to defend Islam” and “Adhaalath, the path to paradise”.

At the time of the ratification of Political Parties Act, the Adhaalath Party managed to attain 10,000 members along with the Jumhoree Party (JP), while GIP failed and was removed from the list of political parties.

The Elections Commission has called on the public to be wary of the situation and report to the commission as soon as anyone noticed they were registered to a political party without their knowledge.

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Attorney general challenges Political Parties Act in Supreme Court

The attorney general has filed a case in the Supreme Court requesting a writ of mandamus against the Elections Commission to prevent dissolution of political parties that has failed to maintain the required 10,000 members as stipulated in the Political Parties Act.

The parliament’s overrule of presidential veto on the Political Parties Bill by a majority of 60 votes on Tuesday (March 5) means the bill will automatically came into force without needing ratification from the president.

Deputy Solicitor General Ahmed Usham was reported in local media as stating that enactment of the Political Parties Act meant political parties that do not have the required number of members would be dissolved without any transitional period.

The attorney general, he said, was of the view that dissolution of smaller political parties without a transitional period would compromise the rights of several parties.

The case

According to Usham, the state has requested the Supreme Court issue a writ that would prevent dissolution of the parties prior to a court decision, or until a transitional mechanism is set up.

“Referring to the legal principles employed in other democratic societies, dissolution of a political party that is formed in accordance with the law is only given on very exceptional occasions,” he told local newspaper Haveeru.

He contended that the consequence of ratifying the bill was that smaller political parties would be dissolved in an irresponsible manner without being given the opportunity to attain the required membership.

The attorney general requested the Supreme Court declare who should be held responsible for the debts incurred by a political party dissolved as per the Political Parties Act.

“We have filed the case in two ways. The first asking the Supreme Court to issue a writ declaring that smaller political parties will not be dissolved and the second to invalidate the clause which dictates dissolution of political parties that do not have a membership of 10,000. The bill failed to highlight who should be responsible to the debts incurred by the party and its employees,” an official from the AG’s office stated.

According to the official, the same arguments were reflected in the letter giving reasons for vetoing the bill, which was sent to parliament by President Dr Mohamed Waheed Hassan Manik before it was forced into law.

“Our concern is that political parties are legal entities, they have made contracts with several parties. If they are dissolved without a transitional period this compromises a lot of rights,” he added.

Passage of the bill

The Political Parties bill was passed on December 2012 however, President Waheed – whose own Gaumee Iththihaadh Party (GIP) is among those set to be dissolved – refused to ratify the bill and sent it back to parliament for reconsideration in January.

However, with unanimous support from both parliament’s minority leader and majority leader, the bill was forced into law by overruling the presidential veto on Tuesday. Out of the 67 members present during the vote, 60 voted in favour of the passage of the bill while six voted against the bill and one MP abstained.

The law will provide a three month period for any political party with fewer than 10,000 members to reach the required amount or face being dissolved.

Article 11 of the law states that at least 10,000 signatures would be needed to register a party at the Elections Commission (EC), which would be mandated to ensure that membership does not fall below the figure.

Parties unable to sign 10,000 members would be dissolved.

Immediate dissolution of smaller political parties

However following the ratification, President of Elections Commission Fuad Thaufeeg stated that the commission’s interpretation of the act suggests that political parties that do not have a minimum of 10,000 members could be abolished immediately.

He stated that once the act is gazetted, the commission was of the view that smaller political parties would immediately be dissolved. However, he said that EC’s legal team was currently reviewing the act and would make a decision based on its report.

“Our legal team is currently reviewing the law before it actually is enacted. The bill having passed by such a strong majority means that the commission would make all the necessary arrangements to begin enforcing the law,” he said.

He added that the law gives the Elections Commission additional powers to regulate and discipline political parties and that the law also gives powers to the commission to take action against parties that violate the law.

Despite several parties facing being dissolved, Thaufeeg said that he hoped to see several parties registered under the new law.

Condemnation

Several leaders of smaller political parties including President Waheed have criticised the Act.

During a party rally held in GIP headquarters, President Mohamed Waheed criticised parliament claiming that the legislature was very “stubborn” towards amending the bill.

Meanwhile, his party spokesperson Abbas Adil Riza said on Thursday in a press conference that the political parties act directly violated the constitution and compromised several rights guaranteed by the constitution.

“Fundamental rights can only be abolished through a public referendum. We want parliament members to amend the act,” he said. “Our problem is not just 10,000. The Act is flawed and has several lapses.”

He added that GIP wish to intervene in the case filed in the Supreme Court.

Meanwhile, Adhaalath Party leaders claimed the legislation was a direct attempt to dissolve the party and in the long run “eradicate” Islamic ideology from Maldivian politics and “defeat” the party’s efforts to oppose alleged attempts to secularise the country.

“This is a big political and legal challenge [they] placed before Adhaalath Party. The way the political sphere in the country is shaped today, it is very important for a political party like Adhaalath Party to exist,” said its leader Sheikh Imran Abdulla at the time.

DQP Leader Hassan Saeed echoed the Adhaalath Party in warning that he would seek to invalidate the bill through the Supreme Court if it was ratified. Latest statistics shows that the DQP’s membership currently stands less than 3,000 members.

“While it is a constitutional right for anybody to form political parties, I do also believe that a right could be limited through legislation. But such a limit should be placed in accordance to principles justified in other free and democratic societies. The current bill demanding a certain membership size in order for a political party to be registered is a big problem,” Saeed was quoted saying in local media.

Of the 16 parties currently in existence, only five parties now have more than 10,000 registered members, including the formerly ruling Maldivian Democratic Party (MDP) as well as the government-aligned Dhivehi Rayyithunge Party (DRP), Progressive Party of Maldives (PPM), Business tycoon MP Gasim Ibrahim’s Jumhoree Party (JP) and most recently, the religious conservative Adhaalath Party (AP).

According to EC, tourism magnate Ahmed ‘Sun Travel’ Shiyam’s Maldivian Development Alliance (MDA) have also attained the required number of members.

Political parties were first authorised in the Maldives in May 2005 following an executive decree by then-President Maumoon Abdul Gayoom.

The regulation required 3,000 members for registration and did not stipulate whether parties with membership numbers falling below the figure would be dissolved.

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PPM membership tally overtakes DRP

Former President Maumoon Abdul Gayoom’s Progressive Party of the Maldives (PPM) has overtaken the membership of the Dhivehi Rayyithunge Party (DRP), from which it split in 2011.

According to the latest political party membership statistics released on Tuesday by the Election Commission (EC), the PPM is now the second largest political party with 22,793 members, with 472 membership forms pending.

The DRP currently has a membership of 22,501 members.

The opposition Maldivian Democratic Party (MDP) of former President Mohamed Nasheed remains the largest political party by a substantial margin, with 46,321 members, with 1,234 membership applications are pending with the EC.

Business tycoon and presidential hopeful MP Gasim Ibrahim’s Jumhoree Party is the fourth largest political party in the country with 11,139 members.

Meanwhile, the religiously conservative Adhaalath Party’s membership stands at 5,877 members.

President Mohamed Waheed Hassan’s party Gaumee Ithihaadh Party (GIP)’s membership stands at just 3,217 members with 1,395 membership forms pending.

The Dhivehi Gaumee Party (DQP) membership has meanwhile fallen to 2099 members.

The recently established Maldives Development Alliance (MDA) led by tourism magnate Ahmed ‘Sun travel’ Shiyam has a membership of 3,441 with 161 new membership forms pending.

DRP concerns

Following the release of party membership statistics, the government-aligned DRP expressed alleging that the Elections Commission was being politically influenced by fellow government party, the PPM.

Speaking to local media after a meeting with the commission, DRP Spokesperson Ali Solih said it was “very clear” that the Elections Commission was working in favor of PPM while verifying membership forms.

Solih alleged the decision by the elections commission to cease the practice of fingerprinting for membership forms was to enable the PPM to rapidly increase its membership.  The decision was made by the Parliament’s Independent Institutions Oversight Committee last November.

“Even if a committee decides on it, the Elections Commission should not stop the practice immediately. They have to check the forms that were submitted with fingerprints. But what we saw was when people from a specific party come to the Elections Commission, they stopped checking for fingerprints. This is something done to please a certain political party,” he said.

He further alleged that the EC had updated the party membership statistics ahead of PPM’s presidential primary, and suggested that something was taking place behind the scenes. He also claimed the commission had been negligent in assessing the membership forms from his own party.

“When we submit 800 forms, they don’t update them. But we see membership of parties that have  not submitted any forms continuously updating. We have doubts over how the Elections Commission carries out the process,” he added.

Human error

Speaking to Minivan News, Vice President of Elections Commission Ahmed Fayaz dismissed the allegations of party bias.

“We can assure that that Elections Commission is not working in favor of a certain group of people or certain political party,” he said.

Regarding the decision to not include fingerprints in membership forms, Fayaz said it was made by the parliamentary select committee and was not based on the request of a specific political party.

“When we make a decision, there will always be people who are not content with it. I believe that is the case with the DRP. They are expressing their views and we respect that,” he said.

Fayaz acknowledged that the commission had received complaints from the DRP regarding discrepancies in its membership forms submitted, and said the matter was being addressed.

“I do not deny the fact that there could be mistakes. We are all human beings. We use our human senses to verify membership forms, so it is subject to human error. It is also important to note we are not processing a few hundred forms, but thousands of forms from different parties. So there could possibly be errors,” he said.

According to Fayaz, if the current Political Parties bill in parliament becomes law, it would solve a lot of issues that the commission is currently facing.  The bill was passed by parliament and sent for ratification, but was rejected by President Waheed claiming that it bill compromised the constitutional right of freedom of association, by requiring parties to have a minimum of 10,000 members.

The number of political parties in the country currently stands at 16. That is expected to increase in the days to come as yjr Elections Commission has granted permission for ex-servicemen and current Minister of State for Home Affairs Mohamed Fayaz to create a new political party, which the local media has identified as the ‘Maldives Industrial Alliance’.

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Fraudulent party registrations force EC to issue fingerprint forms

The Elections Commission (EC) has released a new political party registration form to avoid a recurrent problem of people being registered for political parties without their knowledge.

President of the EC Fuad Thaufeeq said the commission had uncovered an estimated 900-1100 people registered to political parties without their knowledge, “from all political parties.”

Fuad said the commission had sent notice to all the political parties that they would not accept any other registration form than the new form.

”Before all the parties had their own registration forms,” Fuad said. ”Those forms only required the person’s name and identity card number.”

Fuad said the new form required the person’s fingerprint, two witnesses and their signature.

”If anyone complains about the registrations [from now on] we can check the fingerprint through the police fingerprint database,” he said. ”If a form is presented with the wrong fingerprint we can identify the person and charge him with forgery, giving false information and signing another person’s signature.”

He said that the commission was contemplating creating a law concerning false registration.

”We cannot charge anybody over the 900-1100 false registrations,” he said, ”but hereafter we can identify it and treat it as a serious issue.”

He said the new registration form was now effective.

Dhivehi Rayyithunge Party (DRP) MP Ahmed Mahloof said that he was pleased with the new procedure.

Mahloof claimed that there were many recent complaints by DRP members that they had been registered instead as members of the Maldivian Democratic Party (MDP).

”They have stolen lots of our people,” he claimed. ”MDP would not even have a membership of 25,000 people.”

MDP MP Ahmed Easa said the new procedure was good and would avoid false registration.

Easa said MDP had received many complaints from people that they were registered in a political party without their knowledge.

”This form will make it more difficult for people to be registered in political parties,” he said.

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