Tag: president dr mohamed waheed hassan

Comment: Challenges to an infant democracy

The following speech was delivered to India-based think tank, the Observer Research Foundation (ORF) on August 3, 2012.  The original transcript can be read here.

It’s an honour and a great pleasure for me to speak to you at the Observer Research Foundation (ORF), this morning.

As many of you would know the Maldives has recently experienced significant political change. In 2008, we ratified a new constitution, based on the principles of a modern democracy and had the first multi-party election.

This election resulted in a historic change of a 30-year regime. However, despite the change, the aspirations of the people for a more democratic future did not materialize. On top of that just after 3 years into his presidency the new President Mr Nasheed resigned. And now he is challenging the circumstances that led to his resignation and this has created further political disharmony and tensions.

Today, I would like to briefly share with you some of the challenges that the Maldives faces as an infant democracy. None of the challenges will be of great surprise to you. Indeed you have faced very grave challenges yourself.

Today, you have emerged as a mature democracy, making rapid strides in your developmental efforts. This is a source of great inspiration not only to the Maldives, but to all emerging democracies around the world.

Ladies and gentlemen, in a few days the Maldives will celebrate the 4th Anniversary of our new constitution. The process of constitutional enactment in the Maldives included a referendum on the system of government. The people favored a presidential system to a parliamentary system. We all had high hopes for our new constitution, and for a smooth transition from a largely autocratic system to a multi-party democracy.

The new constitution stipulates the separation of powers and for the first time it guaranteed fundamental rights and freedoms. It mandates the formation of independent commissions and other institutions that are vital for a democracy to function well.

The new constitution also introduced the concept of decentralised governance of atolls and islands by elected local councils instead of the traditional presidential appointees. The initial major test for the new constitution was the first multi-party presidential election.

After a strong contest with 6 candidates representing a wide range of Maldivian opinion, that election ended President Gayoom’s 30 years of rule and Mr Mohamed Nasheed, the Maldivian Democratic Party (MDP) candidate, supported by a coalition of other parties was sworn in, on November 11 2008, as the 4th President of the Maldives. However, after just over 3 years into his 5-year term, President Nasheed resigned on 7th February.

As stipulated in the new constitution, the Vice President, Dr Mohamed Waheed Hassan Manik, was then sworn in as the 5th President of the Maldives.

President Nasheed resigned in front of the media accompanied by his cabinet, saying he resigned for the national good. However, the next day he argued that he resigned under duress.

This has created substantial controversy and has led to the establishment of a Commission of National Inquiry to look in to the circumstances of the transfer of power. This has been the subject of a lot of speculation and featured in the media and discussions in India and elsewhere.

As I said earlier the people had high hopes for our new political system. The people expected vast improvements over the previous system of governance; they did not want law and order to be influenced by politics; they wanted the judiciary to be free from political and other influences; they wanted job security in the public sector to be independent from politics; they wanted to see greater transparency in awarding public sector contracts; they wanted a system of local governance where things that are directly related to their welfare to be, by and large, determined by their representatives at the local level; the people wanted a free and fair media; and most of all they wanted their life to be better under the new democratic system.

These aspirations were not met. This was because, the new government on the one hand, did not have the sincerity to see through the democratic process that we adopted. On the other hand there was a tendency to carry out reforms regardless of the means by which those reforms were implemented.

This increased the room for corrupt practices and other inefficiencies resulting from moral hazard. I believe, in lending support to the democratic process, the means of achieving national development objectives is as important as the ends of development themselves.

From the outset, the new government was not sufficiently sensitive to the values of sincerity and patience. It is important to underline the fundamental importance of these values in making the system work. The people need to be reassured that democracy can meet their needs in their day to day lives and serve to fulfill their aspirations for a better future.

If we are to be a successful modern multi-party democracy we need to give the people confidence that the vision and ideals that inspired the 2008 constitution are still relevant.

Let me explain in some detail some of the instances where these important fundamentals were breached by the Nasheed government.

Historians, legal and constitutional experts, and indeed citizens more generally, I’m sure would agree that the establishment and maintenance of the rule of law is a fundamental pillar of democracy.

One of the major challenges that the Maldives faces, even today is maintaining the rule of law. The people were fed up with the earlier system where the executive had a direct influence on the police service and the criminal justice system. The new constitution introduced a very different criminal justice system with a number of safeguards. For instance the establishment of an independent judiciary, and an independent prosecutor general among other measures, were impartial mechanisms to dispense justice.

The parliament had also established an independent Police Integrity Commission, which was important in setting the parameters for these institutions to function within a democratic framework. Where there is no rule of law there cannot be a meaningful or successful democracy. However, Mr Nasheed – when it suited him, totally disregarded this key principle.

A landmark transition towards democracy was the formation of a police service in 2008, accountable to the Home Ministry, ending the decades old system of military having to attend to the policing function as well. Before this positive change, the outgoing government of President Gayoom was blamed for alleged police brutality. This was a key theme of the MDP presidential campaign in 2008.

With Nasheed’s government in place, Maldivians anticipated that the military and police would be freed from any attempt by the government to use them to promote any political agenda or ends. Sadly that assumption proved to be wrong. The police and in some cases even the military were mobilized on many unlawful political tasks, some of which even defied Maldivian Supreme Court rulings.

In any consideration of the events of earlier this year, it should always be remembered that the nationwide protests and demonstrations that lasted 22 days in Male’, leading up to President Nasheed’s resignation was sparked by the unlawful detention and arrest of a Senior Judge of the Criminal Court by the military while President Nasheed was the head of the armed forces.

Therefore, despite important institutional changes, the Nasheed government influenced the police to act in ways that were favourable to MDP. As such, when MDP conducted demonstrations they received preferential treatment, while opposition rallies were summarily dispersed.

Ladies and gentlemen, Let me now turn to a brief consideration of the influence of politics on the civil service. In the Maldives, where the civil service is the single largest employer, any policy that impacts the civil service has an immediate and lasting effect on the welfare of a significant proportion of the workforce.

Prior to the Civil Service Act of 2007, the appointment, dismissal and the setting of remunerations and all other benefits related to them were directly controlled by the President’s Office.

However, with the enactment of the Civil Service Act, an independent Civil Service Commission answerable to the parliament was established with total responsibility to oversee the functioning of the civil service.

Yet, President Nasheed’s government undermined the role of the civil service. Firstly, this was by drastically increasing the number of political appointees, both by making new appointments at executive levels and by registering existing civil service employees as political appointees. This increased the number of public service employees that were directly under the purview of the executive.

Secondly, the president formed public corporations which did not come under the purview of the civil service. This enabled the executive to control large numbers of public sector employees. One example of this was the National Health Service, which was brought under a system of health services corporations and made responsible for providing health services to the community.

This meant that large numbers of civil service employees in the health sector were shifted to the health corporations. This, in turn, meant that a large number of public sector employees were suddenly dependent on the executive for their livelihood. These tactics enabled the executive to exercise undue political influence on a large number of public employees and, in effect, compromised the effectiveness of the Civil Service Act.

Ladies and gentlemen.  One of the positive changes people anticipated as a result of the new constitution was the system of decentralised local governance. However, when the first local council election delivered an overwhelming victory for the opposition the decentralisation process was slowed down by the Nasheed government.

Elected local councils are, by law, empowered to carry out many aspects of governance at the local level, yet with many of the councils having at the time a non MDP majority, the government refused to decentralise power.

Instead former President Nasheed created national administrative centers, accountable just to him. This added an overbearing administrative layer to the existing structure of decentralisation. Such actions were undemocratic, partisan and led to a waste of resources at a financially difficult time.

Another key aspect of a modern democracy was the establishment of an independent media. A free and an independent media, which is often referred to as the fourth pillar of the state, received considerable attention during the process of democratic change in the Maldives.

A free and an independent media provide the necessary checks and balances within the democratic system of governance. This led to the creation of the institutional framework that governed the operation of free media, and created the space for the development of private media, particularly the development of private radio and television for the first time in the Maldives. This also led to the establishment of the concept of an impartial public broadcaster that was essentially free from political influence.

During the 30 year rule of President Gayoom, state media was used largely as a propaganda tool for the regime. This was seen as a very visible example of the absence of democracy in the Maldives at the time. One of the strongest demands when people were calling for democratic reform from 2003 onwards was for a free and independent media.

It should be noted that one of the key points in the MDP’s 2008 manifesto was a pledge to establish a public broadcaster by the parliament. However, when the MDP government came in to power they refused to transfer the assets of the state broadcasting corporation to the new statutory body, the MBC (or, the Maldives Broadcasting Corporation), that was formed as the public broadcaster. The MDP government essentially refused to comply with the legislation simply because the members of the MBC board of directors appointed by parliament was not to their liking.

These, ladies and gentlemen, are some of the key challenges confronting the Maldives as the country faces a new dawn of democracy.

Let me conclude by making a few remarks about the way forward.

The year 2008 saw the beginning of a democratic transition in the Maldives. The enactment of the new constitution was the crucial first step of this transition from an autocratic system to a modern democracy. Enacting the constitution itself however, is not sufficient to establish a functioning modern democracy.

Democratic transition is a process that needs a number of further steps in order for it to be successful. Some of these steps are outlined in the constitution. They include holding the first multi-party presidential election, the establishment of the Supreme Court, holding of the first multi-party parliamentary elections, setting up various independent bodies, holding of the first local council elections and the enactment of various pieces of legislations. Further, it is also important to strengthen the democratic institutions through capacity building.

Some of this work has already been completed. The remaining tasks need to be undertaken and completed over the coming months and years.

As the Maldives heads towards its second presidential elections under our new constitution, much needs to be done to rebuild people’s confidence at this stage of our infant democracy.

To develop such confidence amongst the people the leadership must show commitment and conviction in adhering to the principles of democracy. The leadership must have the courage to see through the process of democratic change.

Unfortunately, the first government under the new democratic constitution did not display the courage and patience to follow the path of democratic governance. As a result it has held up the transition process.

The way forward has been further complicated because of the current political tensions resulting from President Nasheed’s contention that he was forced to resign. This has resulted in further widening the political polarization within Maldives society.

Further, there is a very real fear that the people are getting increasingly frustrated that their aspirations are not being met. And when there is political instability it can undermine economic prosperity which can have a direct impact on the quality of life.

Therefore, it is important to have dialogue among the main stakeholders in order to create stability and reduce political tension. If the parties are unable to reach an amicable solution, meaningful progress in the democratic transition can only happen after the presidential elections due next year.

On a positive note, despite the frustrations, I believe, the peoples aspirations for democratisation has not changed.

We appreciate the continuous engagement by the government of India to facilitate an early resolution to the political stalemate in Maldives, particularly the timely engagement through repeated visits by the Foreign Secretary, His Excellency Mr Ranjan Mathai.

I also commend the important role of the Indian High Commissioner in the Maldives, His Excellency, Mr Mullay, for his dedication and hard work during these trying times. Also I greatly appreciate his efforts to enhance relations between our two countries, sometimes under very difficult circumstances.

The road to democracy is no doubt, long and hard, with many challenges along the way. But through persistence and good will, I’m sure the fruits of democracy will be as sweet as the future is bright.

Ahmed Thasmeen Ali is an MP and leader of the government-aligned Dhivehi Rayithunge Party (DRP).

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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Parliament agrees to extend General Regulations Act in spite of Majlis suspension

Parliament briefly reconvened today despite its ongoing suspension, as both government-aligned and opposition MPs agreed on extending the General Regulations Act until April 2013.

The General Regulations Act – parent legislation for 47 regulations governing a number of government and party political functions – was due to elapse at midnight today creating fears of a potential “legal void”.  This was avoided after the act was renewed with cross party support in a brief Majlis session held following discussions between the country’s key political parties in recent days.

However, the government-aligned Dhivehi Rayythithunge Party (DRP) has said that “no party in the country” stood to gain from the continued political deadlock that saw parliament suspended indefinitely last week amidst forced cancellations.

Despite the Majlis suspension, 48 MPs out of 51 present in the chamber voted in favour of extending the regulations contained in the General Regulations Act during this morning’s session.  The session was concluded with a vote 15 minutes after commencing.

Both Parliamentary Speaker Adbulla Shahid and his deputy, Ahmed Nazim, were not responding to calls by Minivan News at the time of press following today’s vote.

General regulations

The General Regulations Act was passed prior to the adoption of the new constitution on August 7, 2008 as a parent legislation for over 80 regulations without a statutory basis, or were not formulated under an Act of parliament. These included regulations for political parties, freedom of assembly, criminal justice procedures, companies and finance leasing transactions, insurance, jails and parole, freedom of information and building codes.

Article 271 of the constitution states, “Regulations derive their authority from laws passed by the People’s Majlis pursuant to which they are enacted, and are enforceable pursuant to such lawful authority. Any regulations requiring compliance by citizens must only be enacted pursuant to authority granted by a law enacted by the People’s Majlis.”

The parent act prolonged the lifespan of the regulations for a one year period until new legislation, such as a Criminal Procedures Act, Evidence Act, Freedom of Information Act and Political Parties Act, could be enacted.

The act provided for further extensions based on recommendations by parliament’s Rules Committee. The last extension was approved in December 2011.

Addressing today’s vote, DRP Deputy Leader Ibrahim Shareef said that the parent act has been renewed every year since the new constitution came into affect to ensure government was able to function correctly – with parliament failing to have to passed certain key legislative requirements.

Despite the approval, Sharref claimed that “any political party” seeking to stall the Majlis from functioning had nothing to gain beyond adding to current public disillusion with the current democratic process in the nation.

“It is not for the good of the nation for any one political party to stall parliament. The parliament must work efficiently, as it is the only place where we as politicians can debate,” he said. “I believe that parliament must find a solution quickly [to the current Majlis deadlock] as there is much disillusion among the public who had believed democracy was designed to solve problems.”

Shareef contended that in the current environment, “many people” in the country appeared to be questioning the direction of democracy in the Maldives.

“I am not sure whether people may have been expecting too much? I wouldn’t like to say. But right now what has democracy brought us? The nation is polarised as it never has been before, where even some families are not speaking due to political divides,” he said.

“Something somewhere appears to have gone terribly wrong with democracy. It is not enhancing welfare or development here.”

When questioned as to the possible solutions to apparent public apathy regarding parliament’s work, Shareef claimed it was the duty of all parties to return to negotiating through the Majlis to try and settle political differences without hindering legislative process.

“All the main parties need to understand that the country is going down the drain right now,” he said. “No one party to stands to gain in the present environment and they need to help find a solution and stop inciting violence, by putting forward an agenda.”

While not naming a specific party, Shareef’s calls to stop “inciting violence”, were made as President Dr Mohamed Waheed Hassan’s government – with whom the DRP serves as part of a coalition government – said is would not not consider reconvening talks with opposition leader, former President Mohamed Nasheed until threats of violence ceased.

Nasheed and the Maldivian Democratic Party (MDP), which represents country’s only elected opposition, said last week it would not rule out halting ongoing protests to facilitate fresh “high-level talks” with its political rivals. However, the party said it would only do so if it obtained  “substantial” commitments from government-aligned parties.

Proposed “Roadmap” talks were launched in February with the stated aim of overcoming the political deadlock resulting from the controversial transfer of power that brought President Dr Mohamed Waheed Hassan into office. Former President Nasheed and his party continue to allege that Waheed came to power in  a “coup d’etat” – and that the government is illegitimate.

MDP MP and Spokesperson Hamid Abdul Ghafoor told Minivan News last week that while the party’s protests which it maintains are “largely peaceful”, were “totally within” the law, it would not be a “big deal” to stop the street demonstrations if it would help secure meaningful talks.

However, Ghafoor claimed that the party was ultimately sceptical over the commitment of government-aligned parties to ensure “substantial” and “worthwhile” dialogue.

“We have always maintained dialogue is the best way to proceed in the current situation,” he claimed. “What we have seen in the last party talks has just been ridiculous demands such as the issues about keeping crows and using black magic. We found out as a party that we are not dealing with serious people.”

The last round of the UN-mediated talks, held at Vice President Waheed Deen’s Bandos Island Resort and Spa in early June, collapsed after parties aligned with the government presented the ousted Maldivian Democratic Party (MDP) with a list of 30 demands.

The list included calls that the MDP “stop practising black magic and sorcery”, “stop the use of sexual and erotic tools”, and “not walk in groups of more than 10”.

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President Waheed extends CNI deadline, provides personal account of transfer of power

President Dr Mohamed Waheed Hassan has  extended the deadline by which the Commission of National Inquiry (CNI) must conclude its report into February’s transfer of power to August 30, 2012.

The deadline to submit the report of the CNI – which was established, and later reconstituted to investigate events during and leading up to the controversial transfer of power on February 7 – had been initially been set for July 31.

However, the President’s Office confirmed yesterday that Dr Waheed had issued a decree approving the extension of the report’s deadline.  Once complete, the findings are to be submitted to President Waheed, Parliamentary Speaker Abdulla Shahid and the prosecutor general and attorney general.

Earlier this month, CNI Co-Chair – retired Singaporean Judge G P Selvam – said a deadline extension was required in order to conclude the report due to the hundreds of people wishing to provide information.

The extension was granted the same day that President Waheed gave further information to the CNI regarding his own views on what transpired during the transfer of power, according to local media. The president had previously given information to the CNI before it began conducting its investigation under a new composition.

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Government has “no choice” but to hold early elections this year: MDP

The opposition Maldivian Democratic Party (MDP) has claimed that the government of President Dr Mohamed Waheed Hassan will have no choice but concede to holding early elections this year amidst what it sees as “intense” domestic and international pressure to do so.

MDP Spokesperson and MP Hamid Abdul Ghafoor made the claims amidst what he alleged was a background of “intense diplomatic activity” currently taking place in the country on the back of the ongoing protests and political deadlock that have followed February’s controversial power transfer.

The MDP has alleged that former President Mohamed Nasheed was forced to resign under “duress” on February 7 in a “coup d’etat”, leading to calls from the party for early elections this year over concerns about the present government’s legitimacy.

However, President Waheed, who contends he came to power legitimately after Nasheed’s resignation from office, has said the earliest fresh polls can be held under the constitution is July 2013.

President’s Office Media Secretary Masood Imad and spokesperson Abbas Adil Riza were not responding to calls at the time concerning the comments.

As state and private celebrations took place this weekend across the country to mark 47 years of the Maldives becoming an independent nation, President Waheed used a national address to call for citizens to maintain a “high regard” for the country’s laws and legislation.

MDP supporters have themselves continued nightly demonstrations in the capital.  Police Spokesperson Sub-Inspector Hassan Haneef has said the protests were conducted without serious incident and have resulted in no arrests over the last two days.

The MDP anticipates that thousands of its supporters took to the streets on Thursday evening during a march in the capital to call for early elections and an end to alleged arbitrary arrests of demonstrators.

International concern at “political tension”

The demonstrations, which have been held consecutively over the last month, have led to international bodies such as the Commonwealth and EU raising concerns over what they claim has been as an “escalation of political tension and violent protests” in the nation of late.

These statements were followed this week by calls from British Foreign Office Minister Alistair Burt for “high level talks” between the country’s opposing political factions. The minister said such discussions were needed to find a more peaceful political resolution to the violent clashes between protesters and police.

Burt said that while welcoming the formation of a reconstituted Commission of National Inquiry (CNI) – established initially by President Waheed to investigate the transfer of power that saw his administration inaugurated on February 7 – the UK wished for a quick and fair conclusion to the body’s work.

“I encourage all relevant actors in Maldives to refrain from any actions that could jeopardise the stable environment necessary to allow the Commission of National Inquiry to complete its work and for free and fair elections to take place,” he said.

“I call on all sides to show restraint in the interest of achieving a sustainable political solution to Maldives’ recent problems. Protests must be peaceful and the security response professional and proportionate. Violence and any cases of excessive use of force should be investigated and those responsible held to account,” the statement continued.

“Very successful” protests

MDP MP Ghafoor claimed the month’s ongoing demonstrations had been “very successful” in galvanising support for early elections to be held this year – an aim he believed that would “soon” be realised.

The protests have continued amidst allegations of protesters inciting violence against reporters and security forces, as well as counter claims of unchecked police brutality.

“Many people were there for the Independence Day protests regardless of how the current administration wants to make it appear otherwise,” Ghafoor alleged. “This coup administration is now very shaky, they are unable to run the country, of which they have made a complete mess. I cannot see how they can hold on [to power].”

The MDP spokesperson said that despite the international community prioritising ongoing violent clashes in Syria at present, concern was increasing among foreign diplomats over the rhetoric and demands of former president Maumoon Abdul Gayoom, who currently serves as leader for the government-aligned Progressive Party of Maldives (PPM).

Ghafoor added that Gayoom has, on separate occasions, called for an apology from, and the arrest of former President Nasheed over insinuations he was directly involved in organising the alleged “coup d’etat” on February 7.   The MDP meanwhile has alleged that the PPM leader was refusing to sit down to talks between the country’s various political heads.

After Nasheed appeared to offer a conditional apology to his predecessor, Ghafoor added that Gayoom’s continued refusal to engage in dialogue with opposition figures in the country threatened to make him an “irrelevant” figure in the current political process.

“When Gayoom refuses to engage in dialogue and has his tantrums, he is showing the international community that he is not a 21st century politician,” he claimed. “When these people are against dialogue they show there is no interest in moving ahead peacefully.”

PPM MP and Spokesperson Ahmed Mahlouf and the party’s Deputy Leader Umar Naseer were not responding to calls at the time of press regarding the MDP’s claims.

With the holy month of Ramazan commencing last week, the MDP contended that the mindset of its supporters had not changed in regards to its so-called “direct action” demonstrations – with the recent nightly protests expected to continue indefinitely.

Ghafoor claimed that he expected tensions could rise further with PPM-backed protests also potentially taking place in and around the capital during the next few weeks.

The party’s demonstrations have in part been linked in local media to concerns over the high-profile murder this week of policeman Lance Corporal Adam Haleem whilst he was on duty on the island of Kaashidhoo.

The officer’s death saw figures on both sides of the country’s political divide accusing their opponents of using the death to forward their own respective agendas, particularly in relation to the legality and conduct of ongoing opposition protests in the capital.

Ghafoor has alleged that in the current environment, and with opposition allegations of arbitrary arrests and violence against civilians, a growing number of police and military personnel were not wanting to be identified with the current government.

He also alleged that while a number of officers had acted in a mature manner with their approach to trying to control crowds, a number of “thugs” working within police ranks had continued to incite violence against demonstrators, while targeting specific opposition individuals and media personnel.

The Maldives Police Service has maintained that its officers have continued to exercise minimum force against protesters despite a handful of serious injuries sustained within its ranks during the sporadic eruption of violent clashes during the last month.

During the month’s protests, Minivan News has at times witnessed a general atmosphere that has verged between noisy and almost playful to sudden bouts of cat and mouse baiting of police by anti-government figures in the crowd.

The MDP has maintained that its protests are “largely peaceful” and that it was police who were responsible for instigating violence and making arbitrary arrest of senior figures. The UN Office of the High Commissioner for Human Rights has also this month expressed concern over violent protests and use of “excessive force” against demonstrators.

In this volatile climate, the Police Family Association yesterday released a statement calling for the public to consider that police officers were human beings who have “rights like others, and their persons and dignity must be held in due regard by everybody”.

According to local media, the statement also raised concerns over the death of Lance Corporal Haleem, stating that lessons should be taken from his “sacrifice” in order to motivate offcers to peacefully restore law and order.

“The Statement of PFA also said that it was ‘proud of the exemplary service rendered by the Police and for the great sacrifices by police officers without a step backward, in order to protect this nation from the challenges posed by social changes today,’” reported the Sun Online news service.

“At times of sadness, hatred and anger, everyone must accept that police officers are also human beings, and that they are also entitled to human rights just as others are, and the dignity of their lives must be respected. Especially, this Association believe that everyone must respect the rights of police officers serving this nation if we wish to strengthen and prolong democracy and human rights in this country”, the statement continued.

CNI extension

Aside from protesting, Ghafoor also pointed to the CNI’s ongoing work on the country as being another key focus for the MDP during the next month, despite raising concerns about who exactly had given permission for an extension to the body’s deadline until the end of next month.

“Who has allowed for the extended deadline to go ahead? The CNI was scheduled to conclude by July 30, but now this Judge Selvam has said there will be one more month for its work,” Ghafoor claimed. “We also see that there is a two month process involved here, yet the judge has at times taken a four-day weekend off from CNI. Similarly there is just one media briefing a fortnight. Considering this is just a two-month process, there should be at least one a week.”

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President calls for “unanimous” patriotism with Independence Day address

President Dr Mohamed Waheed Hassan used his Independence Day address to stress the importance for all Maldivians to “practice solemn allegiance to the principles of Islam, and observe firm adherence to fine social etiquette”.

Speaking at a special ceremony at Male’s Republic Square on Thursday (July 26) to celebrate 47 since the Maldives became an independent nation, the president was reported to have called upon Maldivian people to cooperate with the state’s “relentless peace efforts”, according to the President’s Office website.

Aside from calling for national laws and legislation to be held in high regard, the address was also said to have focused on asking Maldivians to convey unanimous national pride and patriotism through “loyalty and respect” towards the country and peoples’ rights.

According to the President’s Office, Dr Waheed also emphasized the importance of “strengthening” the country’s independence to ensure continued national development.

The president was said to have highlighted the need to safeguard the country’s religion, a consolidation of military and “unifying our people” to further ensure planned developments went ahead.

In addressing national politics, the president said that nearly a decade had been spent to establish democracy in the Maldives, which he contended had “flourished so rapidly”. However, the speech emphasized that the “poor social and political condition of today” were the result of “certain changes” to the judicial and legislative system that had been made in the past.

The speech saw the president call on parliament to move ahead with passing bills to reinforce and strengthen the country’s judicial and legislative system in a bid to reduce crime and improve safety and security.

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EU concerned over escalating “political tension” while MDP commits to “direct action”

The EU has slammed an “escalation of political tension and violent protests” in the Maldives as police confirmed that 50 people – including a former cabinet minister – were arrested during the last two days during anti-government demonstrations.

However, with the arrest of 32 demonstrators in the last 24 hours, as well as a government decision to clear the MDP’s Usfasgandu protest site by July 30, some opposition figures have claimed the tension will likely intensify further.

Spokesperson for Catherine Ashton, High Representative of the European Union for Foreign Affairs and Security Policy, has said there remained “deep concern” in Europe over the political unrest in the Maldives.

“The High Representative is convinced that continued political unrest, heavy-handed responses by security forces, and charges filed against political leaders will only lead to further deterioration of the political climate in the country and will adversely affect the lives of all Maldivian citizens,” stated the EU.

“The High Representative acknowledges the efforts of the Commonwealth Special Envoy, Sir Don McKinnon, to strengthen the Maldives Commission of National Inquiry (CNI) whose purpose it is to establish an objective account of the events which led to the resignation of President Nasheed and the transfer of power to the present Government on 7 February 2012. She appeals to all parties to refrain from any actions that could jeopardise completion of the Commission of National Inquiry’s work, including legal action against political leaders”.

The calls followed a statement released by the Commonwealth this week urging all parties to show “restraint and restore calm” as initiatives like the reconstituted Commission of National Inquiry (CNI).  The CNI, expected to be completed by next month, was  established to ascertain the truth between February’s controversial transfer of power.

In a statement released Tuesday (July 17), Commonwealth Secretary General’s Special Envoy to the Maldives, Sir Donald McKinnon called for dialogue among political leaders, urging all parties to show “restraint and restore calm.”

“Direct action”

During the last two weeks, the MDP has been carrying out what it has called “direct action” protests.

While the opposition party has continued to contend that its protests have been “largely peaceful”, the ongoing demonstrations have at times broken out into violent clashes. This violence has led to allegations of police brutality against demonstrators, and counter claims of protesters attacking reporters and security forces.

The MDP today said it expected its protests, stated to continue until the present government of Dr Mohamed Waheed Hassan “topples” would continue indefinitely. The MDP alleges that the Waheed administration came to power in February through a “coup d’etat” and therefore had no legitimacy.

Party MP and Spokesperson Hamid Abdul Ghafoor claimed that the MDP was committed to managing “peaceful, disciplined” protests, though he accepted that violent confrontations appeared to be increasing between police and protesters. He alleged that this violence was a result of law enforcement officials increasingly showing a “lack of discipline” on their part.

The Maldives Police Service has contended that to continues to use “minimum force” to protect its officers during the demonstrations.

Conversely, while police have said that none of its officers were hurt in the last 24 hours – there have been serious and minor injuries sustained by police during attacks by individuals suspected of being affiliated with anti-government demonstrators.

On July 12, an attack around Dhilbahaaru Magu in Male’ saw one officer having to fly to Sri Lanka for treatment for head injuries received from an assault with a pavement brick.

Minivan News has observed protests in recent weeks switching from heckling and mocking of officers at police barricades to violent confrontations as police have charged through protests lines, and demonstrators themselves broke through barricades to confront police.

Police have come under particular criticism by the MDP for using pepper spray directly in the faces of protesters – an accusation denied by law enforcement authorities.

“Maldives Police did not use any excessive force nor was pepper spray directed to anyone’s face,” police said in a statement at the time.

However a video released of the incident showed a riot police officer reaching over a crowd of people surrounding Nasheed and spraying him in the face. Nasheed turns away as the spray hits him, and is taken away by his supporters, but later returned to the protest.

In this environment, the government has itself called for “calm”, urging all political leaders to abandon the street protests, which have attracted international attention over the last few weeks, and sit down for “sincere dialogue”.

President’s Office Spokesperson Abbas Adil Riza was not responding at time of press.

Amid the calls for an end to protests and fresh talks, the Ministry of Housing has issued an ultimatum for the MDP to vacate the Usfasgandu protest area in the next nine days.

Housing Minister Dr Mohamed Muiz claimed the decision to evict the MD from the site was not linked to the current anti-government protests, but rather a reaction to how the opposition had used their land for partisan purposes.

Muiz told Minivan News that the land, which had controversially been leased to the MDP Male’ City Council, an elected body with a majority representation for the opposition party, belonged to the government.

“As far as I’m concerned there is no doubt of the legality [of clearing the site],” he said.

Amidst the current political tension in the capital, Dr Muiz said that the timing of the decision had “nothing to do” with continued protests being carried out by the party.

“We have already handed in our development plans for the area,” he said. “There is a clear mandate of what should have been developed on [Usfasgandu]. The MDP have ignored these rules and have developed it into their own party property.”

MDP MP Ghafoor responded that “there was no doubt” that the Housing Ministry’s decision was in retaliation for continuing its protests in the capital.

“Judging from the current mood of the people, the [housing] minister’s threats will be taken as irrelevant now. People just aren’t listening any more to what they see as a coup government,” he claimed.

Ghafoor also alleged that all ministers aligned with the present government were viewed as having no legitimacy among MDP members, from the State Islamic minister up to President Waheed himself.

However, with international organisations including the UN, the EU and the Commonwealth all calling on politicians to adhere to a peaceful resolution to the nation’s political upheaval, Ghafoor said that protests would continue as previously pledged by the party.

“I do not think the issue here is whether our protests are sustainable, it is more about the fact the whole political situation in this country unsustainable,” he claimed.

Despite the alleged incidence of violence linked to police and protesters alike, Ghafoor contended that the MDP remained committed to “disciplined, peaceful” protests.

“As long as the party keeps the foresight to try and manage protests, we are trying to channel the energy and dissatisfaction of people into something more positive,” he claimed.

Ghafoor conceded that it was apparent that protests were becoming more violent as peoples’ frustrations grew, a sign he claimed that was reflected in the amount of footage and photos of protests that were being found on social media sites like Facebook depicting alleged acts of violence by authorities.

“I think that protests show a direct correlation between the level of oppression and the resultant uprisings,” he added. “If you look at Bahrain , they have lived with repression all their lives, so have we. But we are seeing the kids coming out on the streets to show their anger,” he said.

Ghafoor alleged that police were failing to keep control of the present situation and may be turning to young inexperienced officers to try and control it.

Arrests

More than 50 people are believed to have been arrested during two nights of protests in the capital – 22 were said to have been arrested in the early hours of Friday (July 20) morning, the first day of Ramazan.

Among those arrested were former Transport Minister Adil Saleem, who was detained on Thursday evening but later released under house arrest, according to the MDP.

The MDP also alleged that Saleem had sustained “abdominal injuries” during his arrest as a result of “excessive force” used to detain him by police. Ghafoor claimed that Saleem was eventually taken to Hulhumale’ hospital for treatment, though was advised that he should be transferred to Indira Gandhi Memorial Hosptial (IGMH) in Male’. Police were then reported to have opted against returning the former minister to the capital.

The MDP has also claimed that the protesters who had been arrested were not given food during breakfast whilst being held.

“Legal necessities”

In response to the 32 people confirmed to have been arrested following this morning’s protests, police claimed that detentions were made after repeated warnings to not to cross the police lines and to not to obstruct police duty.

“The protesters who came into the ‘no protesting zone’ claimed that they were there to call for early elections and voice against the government. But the protesters that came into this zone had resorted to using foul language and harassment to the police officers” read the statement.

Following the confrontations, those that were arrested were given the opportunity to breakfast and all other legal necessities were provided to them, according to police.

Among the legal necessities provided to the arrestees were, having a medical check up to see if there is any sort of physical harm caused to the arrestee and providing the opportunity to seek assistance of a legal counsel. The families of the arrested were also contacted.

Police have claimed that among 32 arrested, four were tested positive for drugs. Those tested positive were Ismail Abdulla, Mohamed Sabah, Aishath Laisha Abdullah and Hussain Mufeedh, police said.

Police claimed that Aishath Laisha was the only female arrested in today’s protests.

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Hanaa and Murrath sentenced to death for Najeeb’s murder

The young couple charged with the murder of lawyer Ahmed Najeeb were on Thursday sentenced to death by the Criminal Court.

However the government said it expects both verdicts to be commuted to life imprisonment pending the outcome of a cabinet consultation.

Ahmed Murrath, 29, and his girlfriend Fathimath Hana, 18, were arrested and charged with Najeeb’s murder after his body was discovered by police at Maafanu Masroora house, (Murrath’s residence) in early evening of July 1. The body was stuffed inside a dustbin, badly beaten up and with multiple stab wounds.

The judge noted that the decision for death penalty comes following the pair’s confession in court and the statement from all eight heirs of Najeeb requesting for qisas (equal retaliation) – the death penalty – instead of accepting the alternative, blood money.

Murrath, who has previous criminal records, confessed to killing Najeeb out of anger and under the influence of drugs, alleging  the lawyer attempted to sexually assault his 18 year-old girlfriend while he was at Masroora House.

The court heard that Najeeb visited Masroora House on June 30 to provide legal counsel on a case related to cash missing from Murrath’s mother’s account and the issue of dividing the house.

Murrath said that he tied Najeeb to a chair, gagged him and taped his hands, feet and face while threatening him with a four-inch knife he brought from the kitchen. He said that his girlfriend Hanaa had no role in it and was sleeping while he killed the lawyer between 6:00am and 7:00am during the morning of July 1.

Hanaa however had confessed in court of “helping” to tape and bind the victim to the chair. She did not confess to killing him and said at the time she was sleeping, intoxicated from drinking alcohol.

The judge however noted that the confessions given by Hanaa and Murrath to the police investigators reveal that the pair together schemed to suffocate the victim to death irrespective of whether he had sexually assaulted her or not, because they wanted to steal money from him.

Even though Hanaa had not confessed to killing Najeeb, the judge concluded that she has to bear full responsibility for the murder as Najeeb was incapacitated from defending his life because she helped bind him to the chair.

This is the first conviction for the teenage girl from Rihaab house in Goidshoo island of Shaviyani Atoll, while it is the 15th criminal offense proved against her boyfriend. He has a 18 year jail sentence of which he had completed only three years. His offences included theft, assault, drug use, and breaking out of prison.

He was released last year under the government’s Second Chance program for drug offenders.  The programme was recently criticised by Home Minister Dr Ahmed Jameel over claims that it released prisoners, held in certain cases for committing serious crimes, for political purposes.

Commuted sentence

In addressing the sentences given to the pair by the court, the government said today that President Dr Mohamed Waheed Hassan would be consulting with his cabinet and Attorney General Aishath Azima Shakoor over the verdicts. In previous cases where the death sentence had been favoured by the country’s courts over the past 60 years, the state has itself intervened to commute such verdicts to life imprisonment (25 years) instead.

President’s Office Spokesperson Abbas Adil Riza said that while consultations on the matter would be held, he did not expect a “departure” from the long-standing state policy of commuting death sentences to life imprisonment.

“There has been pressure from certain groups to uphold death sentences, but I do not think these calls are in line with the will of the Maldivian people,” he said. “The president will also have to look into our obligations under the various international treaties we have signed.”

Just this week, the UN Human Rights Committee (UNHRC) asked the Maldivian state to enact legislation to officially abolish the death penalty as part of a wider review of human rights commitments in the nation.

“The state itself has admitted that capital punishment does not deter crime,” the statement noted.

Parliament review

Despite such calls by organisations like the UNHRC, a motion related to the death penalty is currently being reviewed by the parliament which, if passed, will make the enforcement of the capital punishment mandatory in the event it is upheld by the Supreme Court, halting the current practice of the President commuting such sentences to life imprisonment.

Earlier this month, Chief Justice Ahmed Faiz said the death penalty could be executed within the existing justice system of the Maldives.

Following the murder of Najeeb, the chief justice told local media that Maldives legal system, being based on  Islamic Sharia, allows the death penalty to be implemented.

Following Najeeb’s murder – the seventh  homicide recorded this year alone – Home Minister Jameel and Attorney General Aishath Azima Shakoor, as well as and other prominent lawyers and lawmakers, have publicly endorsed their support for implementing capital punishment to deter increasing crime rates.

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US and UK must consult Maldives judiciary over dropping Nasheed charges: government

The government has said it will “not interfere” with the Maldives’ judiciary amidst calls from the US and UK to drop charges against former President Mohamed Nasheed, alleging that requests may have been made by diplomats with “sympathies” for the one-time head of state.

President’s Office Media Secretary Masood Imad told Minivan News that requests had been made by UK and US officials to drop charges against Mohamed Nasheed over his potential role in the controversial detention of Criminal Court Chief Judge Abdulla Mohamed earlier this year.

However, Masood added that any such requests needed to be addressed to the country’s judiciary, reiterating a previous pledge by President Dr Mohamed Waheed Hassan that his administration would not interfere with judicial process.

“We promised, as you may remember, that we will not interfere in the running of the country’s judiciary,” he said.

“Sympathies”

Masood also raised doubts whether calls to drop the charges were an official request of the UK or US governments, rather than the views of individual elements in either nations’ respective embassies based in Colombo, Sri Lanka.

“I do not believe that it is the UK and US governments that have made this request, I think it is the embassies themselves,” he alleged. “Maybe they have sympathies for Nasheed.”

The comments were made after China’s Xinhua news agency reported yesterday that the US Embassy of Sri Lanka and the Maldives, as well as its UK counterpart based in the country, asked that the former president not face charges that could potentially exclude him from standing in the next general election presently scheduled for next year.

The UK High Commission was not responding at time of press, while a US Embassy spokesperson said the embassy had no comment on the matter.

Nasheed, along with former Defense Minister Tholhath Ibrahim Kaleyfaanu both face charges for their alleged roles in the detention of Chief Judge Abdulla Mohamed.  The charges were filed this week by Prosecutor General Ahmed Muizz.

The detention, which the former government claimed had been made over concerns about “national security” owing to allegations that Judge Abdulla was involved in perjury and “blatant collusion” with the previous administration, was widely criticised by international bodies at the time.

On Sunday, (July 15), Nasheed himself claimed to Maldivian Democratic Party (MDP) supporters that he did not wish to see the charges presented against him withdrawn for any reason.

“I, as the president of this country and as the presidential nominee of the MDP, worked for the benefit of the Maldivian people, for their well-being and to fulfil the needs of the people of the Maldives. I have not done anything to further my own interests during my tenure as president,” Nasheed said.

He also called on the public  to be present at his trial and witness what happened in the court, alleging that the whole case was politically motivated and that his opponents were seeking to gain an unfair upper hand from the “political scandal”.

“This case is a case that I wanted to see coming. This is a case that I want to face myself. I will not back down from this case,” he said.

Nasheed has joined MDP supporters on numerous occasions during more than a weeks worth of consecutive daily protests in Male’ calling for the present government to step down and hold early elections on the back of the controversial transfer of power in February.

The MDP continues to allege that it was removed from office in a “coup d’etat” sponsored by mutinous elements of the police and military, as well as former opposition politicians.

Judicial Reform

While the Waheed administration has publicly stressed that it would not seek to tamper with the running of the nation’s judiciary, the UN Human Rights Committee (UNHRC) has identified the courts among a number of areas that need to be overhauled of part of “radical changes” to ensure compliance with the International Covenant on Civil and Political Rights.

The committee is “deeply concerned about the state of the judiciary in the Maldives,” a statement released by the UNHRC this week noted.

“The state has admitted that this body’s independence is seriously compromised.  The Committee has said the judiciary is desperately in need of more serious training, and higher standards of qualification,” the statement read.

The Supreme Court in particular needed “radical readjustment,” the committee said. “As 6 of 7 Supreme Court judges are experts in Sharia law and nothing more, this court in particular is in need of radical readjustment.  This must be done to guarantee just trials, and fair judgements for the people of Maldives.”

A panel member during the UNHRC session also noted the “troubling role of the judiciary at the centre” of the controversial transfer of power on February 7.

“The judiciary – which is admittedly in serious need of training and qualifications – is yet seemingly playing a role leading to the falling of governments,” he observed.

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Turkmenistan delegation meets with President Waheed

Economic development was among the key areas of discussion during a meeting between cabinet minsters from Turkmenistan and the government of President Dr Mohamed Waheed Hassan in Male’ yesterday.

According to the President’s Office website, a high level delegation including Deputy Chairman of the Cabinet of Ministers of Turkmenistan, Hojamuhammet Muhammedov arrived in Male’ as part of a visit to potentially extend relations with the Maldives.

A dinner hosted by the president was held later in the evening at the Kurumba Maldives resort.  The event was attended by First Lady Ilham Hussain, and dignitaries including cabinet representatives of both countries, the President’s Office said.

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