Tag: President Mohamed Waheed Hassan

“Not extremist”, says Adhaalath Party in response to President’s AFP comments

The religious conservative Adhaalath Party (AP) has issued a statement slamming claims by President Mohamed Waheed to AFP that the party included “extremists”.

During a two day official visit to Sri Lanka President Waheed told the news agency that it was “better to work with” with the self-claimed Islamist party despite some elements within the party holding “extreme views”, since excluding the party from mainstream politics risked marginalising it. This, he said, would have a “negative long-term effect”.

“We believe we can work with [Adhaalath], we believe we must work with them, because not working with them would be to marginalise them,” Waheed told the AFP.

“Rejecting them would have a more negative long term effect. Inclusion is better than exclusion. It is better to take them on board. Better to work with them,” he added.

In a statement (Dhivehi) published on the party’s website on Tuesday, the Adhaalath Party said that it had been offended by the remarks and that such comments from the President would affect its relationship with Waheed’s party Gaumee Iththihaadh Party (GIP).

The party also denounced the claim that it held extreme views.

“The Adhaalath Party does not by any means hold extremist views. The party is working to introduce Islamic principles to the country, to protect the Islamic faith of the country and the country’s sovereignty,” read the statement.

“Therefore, the party leadership and its members are deeply disappointed by such allegations,” it added.

The Adhaalath Party is a member of the President’s ‘Forward with the nation’ coalition, backing Waheed’s bid for election in September. The coalition also includes the government-aligned Dhivehi Rayyithunge Party (DRP) and the Dhivehi Qaumee Party (DQP), although several key members of the latter have since defected to the Progressive Party of the Maldives (PPM), while DRP leader Ahmed Thasmeen Ali was recently taken to court by a series of creditors.

Local media meanwhile reports that the two parties have had a falling out with each other after the Adhaalath Party expressed concern over a lack of campaign activities.

The recent exchange is likely to worsen already strained ties between the parties, while unconfirmed reports suggest Adhaalath is considering the possibility of entering into coalition with resort tycoon Gasim Ibrahim’s Jumhoree Party (JP).

However President Waheed in local media has maintained he is confident the Adhaalath Party will remain in his coalition.

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Thasmeen labels Yameen as “inhuman” for not endorsing two ministers

President Mohamed Waheed Hassan’s running mate Ahmed Thasmeen Ali – who also heads the government-aligned Dhivehi Rayyithunge Party (DRP) – has strongly criticised the presidential candidate of fellow coalition party the Progressive Party of Maldives (PPM) over the parliament’s decision to reject several cabinet appointments.

On Monday, President Waheed’s government faced a major setback in parliament after two out of its three recent cabinet appointments failed to receive the required parliamentary approval.

The new Human Rights Minister Aishath Azima Shukoor and Attorney General Aishath Bisham were reject in close votes, while Transport Minister Ameen Ibrahim narrowly succeeded in getting the required consent.

Shukoor, also Waheed’s former Attorney General, was rejected 33 votes against to 31 in favour with no abstentions, while her replacement as Attorney General, Aishath Bisham, was rejected 32-32, with Speaker Abdulla Shahid casting the deciding vote not to approve her appointment.

Transport Minister Ameen Ibrahim was approved by 33 votes in favour to 32 against, with one MP abstaining.

Opposition Maldivian Democratic Party (MDP) MPs followed their party line to reject all three ministers while PPM MPs were largely absent from the floor.

The PPM MPs who remained – including Ahmed Mahloof, rumoured to be considering a switch to the opposition Maldivian Democratic Party (MDP) – voted against the party whip line.

President Waheed subsequently re-appointed Shukoor – who had been serving as Gender Minister – to her earlier post of Attorney General, requiring another future vote of consent.

In a short media briefing held after the vote, a frustrated Thasmeen blasted Yameen, claiming that he had purposefully left the parliament floor with his party members to make sure the ministers did not get parliamentary approval.

“PPM MPs under the leadership of its presidential candidate decided not to be present on the floor when the vote took place. Due to that, two ministers were not able to get enough votes to get parliamentary consent,” Thasmeen declared.

PPM was among the many former opposition parties that pledged support to President Waheed following his sudden ascension to power in February 2012, after his predecessor former President Mohamed Nasheed stepped down during a mutiny within the police and military.

PPM has since then maintained that it had supported the government only for the sake of national interest and for the well being of the people.

However, Thasmeen on Monday disputed the claim stating that the real picture of Yameen and his “ruthlessness” had now been revealed to the public.

“It is a great blessing and a very good thing to see this side of Yameen prior to the election. People will see the real face of Yameen,” Thasmeen claimed.

Thasmeen – who was also the running mate of Maldives former dictator Maumoon Abdul Gayoom in 2008 elections – reiterated that people must judge a candidate whom they would vote in the election by the yard stick of “humanity and humane values”.

“I remember exactly what happened when former President Nasheed unlawfully arrested Yameen [in 2010]. At that time it was Azima Shukoor who worked tirelessly day and night for his release from custody,” he added. “But Yameen forgot about that today.”

Despite the defeat, Thasmeen appeared confident claiming that the current government had a sufficient number of MPs supporting it and such defeats would not be a common occurrence.

Presidential election is more important, says PPM

Justifying the decision to leave the floor during the critical vote, Deputy Leader of PPM Abdul Raheem Abdulla told the media that its presidential candidate had not been present because he had to go on a campaign trip that was scheduled on the same day. He said PPM was currently more focused on the upcoming presidential elections.

Raheem also alleged that President Waheed had become “very personal” against the PPM, and said many individuals who held political positions in the government had been dismissed from their posts after they joined the PPM.

Previously, Home Minister Mohamed Jameel Ahmed – a former member of Dhivehi Qaumee Party (DQP) that has decided to back Waheed’s re-election bid – was dismissed from his position upon the request of DQP’s Leader Dr Hassan Saeed after Jameel joined the PPM to become the running mate of Yameen.

Other members of the DQP, including Deputy Tourism Minister Maleeh Jamaal and State Minister for Economic Ministry Abdulla Ameen, were dismissed from their positions after their refusal to back President Waheed.

Meanwhile, speaking to local newspaper Haveeru from Addu City, Yameen said Azima was best suited for the position of Attorney General and PPM did not want to see her in another cabinet position. Yameen claimed President Waheed had not discussed the matter with the party before appointing her as Gender Minister.

“I was the one who first told President Waheed to appoint Shukoor as the Attorney General. I worked for that. Back then she was a council member of PPM,” Yameen said.

Regarding the new Attorney General Bisham, Yameen said PPM did not support her because the party believed Shukoor was the one who should be in the position.

“The most important thing is who is the most competent person for Attorney General. We were expecting Shukoor to be the attorney general knowing her competence and back then the government listened to what we say,” Yameen explained.

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Adhaalath Party head accused of attempting to influence ACC investigation into GMR

Adhaalath Party President Sheikh Imran Abdulla attempted to influence the Anti Corruption Commission (ACC)’s investigation into alleged corruption in the previous government’s aborted airport privatisation deal, a commission member alleged to local media outlet CNM.

The ACC member, on condition of anonymity, reportedly alleged that the commission during its investigation came under heavy criticism from Sheikh Imran over its refusal to tailor the report to his liking.

The ACC’s findings, which were published last week, concluded that there was no corruption in the airport privatisation deal, days prior to GMR claiming US$1.4 billion in compensation for “wrongful termination” of its 25 year concession agreement.

“He met with me on two occasions. The first meeting happened just a day before they were to have a big night of protests. He requested that the ACC help the national movement’s efforts to drive GMR away and to speed up our investigation and conclude it in such a fashion that would assist their efforts,” CNM quoted the commission member as saying.

The second meeting took place a day before the national movement’s protests concluded, he claimed.

According to the unnamed commission member, Imran requested a five-minute meeting.

“On the second night he told me that he hoped the ACC would include at least one phrase that would be helpful to the national movement,” he said.

ACC President Hassan Luthfee had his phone switched off when contacted regarding the allegations today.

Sheikh Imran and national movement steering committee member and spokesperson Abbas Adil Riza were not responding to calls from Minivan News at time of press.

Last Monday, the ACC ruled out corruption in the awarding of a concession agreement in June 2010 to a consortium of Indian infrastructure giant GMR and Malaysia Airports Holdings Berhard (MAHB) to develop and manage INIA.

In a 61-page investigative report (Dhivehi), the ACC concluded that the bidding process was conducted fairly by the World Bank’s International Finance Corporation (IFC) and that the GMR-MAHB consortium won the contract by proposing the highest net present value of the concession fee.

The ACC further concluded that the awarding of the contract did not contravene amendments brought to the Public Finance Act requiring parliamentary approval for such agreements.

The amendments were published in the government gazette after the concession agreement was signed, the ACC noted.

In December 2012, shortly after the protests led by Sheikh Imran Abdulla under the self-titled ‘national movement’ against GMR concluded, the government of President Mohamed Waheed Hassan abruptly terminated the agreement and gave GMR a seven day ultimatum to leave the country.

“The government has given a seven day notice to GMR to leave the airport. The agreement states that GMR should be given a 30 day notice but the government believes that since the contract is void, it need not be followed,” then-Attorney General (AG) Azima Shukoor said in a press conference announcing the decision.

Shukoor claimed that the government reached the decision after considering “technical, financial and economic” issues surrounding the agreement.

Criticism

Responding to the ACC report in local media, Sheikh Imran Abdulla described the findings as a “slap in the peoples’ face.”

He claimed that the public now resented the ACC due to its findings and that the commission had lost credibility as a result of the report.

Imran contended that the report would facilitate the return of GMR should the opposition Maldivian Democratic Party (MDP) win the September presidential election.

Responding to the ACC’s findings, the government of President Waheed insisted that the report would have no impact on its legal position to declare the GMR concession agreement void, contending that President Waheed’s decision had nothing to do with corruption allegations levelled by “some people”.

President’s Office Media Secretary Masood Imad told Minivan News following the release of the report that the contract was declared void from the beginning due to the negative impact on state finances in 2012.

“Back before the government took back control of the airport from GMR, the reason we gave was that the deal was bleeding the country’s economy. We were paying GMR to keep them here,” he told Minivan News at the time.

Masood said that despite “speculation from some people” concerning corruption by the former administration in signing the deal, the present government was not responsible for filing a case with the ACC.

He added that the government’s concerns over the deal had been in relation to the imposition of a US$25 Airport Development Charge (ADC) by GMR that was blocked by the Civil Court in 2011 after the then-opposition DQP filed a case on the matter.

The DQP, now part of President Waheed’s coalition government, attempted to block payment of the charge on the grounds that it was effectively a tax not approved by parliament.

In response, then MDP government agreed to deduct the ADC from the concession fees payable, while GMR later offered to exempt Maldives nationals from paying the ADC as it moved to appeal the verdict.

However, former President Mohamed Nasheed resigned under controversial circumstances on February 7, 2012 amidst a violent mutiny by elements of the police and military before the Civil Court verdict was appealed at the High Court.

Consequently, in the first quarter of 2012, Dr Waheed’s government received US$525,355 of an expected US$8.7 million, after the deduction of the ADC. That was followed by a US$1.5 million bill for the second quarter, after the ADC payable eclipsed the revenue due the government.

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CSC Chair Fahmy will not resign from post “out of fear”

Civil Service Commission (CSC) Chair Mohamed Fahmy Hassan has said he will only resign from his post when the time is right and not as a result of intimidation or fear, dismissing a parliamentary no-confidence vote passed against him last year.

Speaking in local media this week, the CSC chair contended that he remained in his post legally with the backing of President Dr Mohamed Waheed.

Parliament voted to dismiss Fahmy from his CSC post in November 2012 in a no-confidence vote following an inquiry by the Independent Institutions Committee into allegations he sexually harassed a CSC employee.

Both Fahmy and the alleged victim were summoned to the committee after the complaint was lodged in the first week of June.

Fahmy was alleged to have called the female staff member over to him, before asking her to take his hand and stand in front of him so that others in the office could not see, and caressed her stomach. He was than accused of saying, “It won’t do for a beautiful single woman like you to get fat.”

MPs voted 38-32 to approve the committee’s recommendation to remove Fahmy from the post.

However, in March this year, the Supreme Court ruled that parliament’s decision to remove him from the CSC was unconstitutional.

The Supreme Court declared by a 6-1 majority that Fahmy would receive two punishments for the same crime if he was convicted in court following his dismissal by parliament (double jeopardy).

The apex court contended that the Independent Institutions Committee violated due process and principles of criminal justice procedure in dealing with the accused.

In an interview to local media outlet Channel News Maldives (CNM) today, Fahmy referred to the Supreme Court decision that overruled his parliamentary impeachment, saying it was everyone’s responsibility to uphold Court rulings.

“Everyone will have to uphold the rule of law and the decisions made by the courts of law. Whether it is the president or me or anybody, it has to be that way,” he was quoted as saying.

Fahmy also said that President Dr Mohamed Waheed Hassan himself has shown his support for him remaining as the CSC Chair by asking him to make a decision on his own capacity.

Fahmy had previously stated that he would only make a decision on whether to continue being part of CSC after President Waheed made a decision on the issue, noting that it was the president who had given him the letter of appointment.

President Waheed speaking on the issue to local media previously said it was “very complicated” for him to make a decision about Fahmy and suggested that it “would be best” for Fahmy to decide on his own.

Waheed said that two state powers, the legislature and the judiciary were in dispute over the matter and at such a complicated time, “Even individuals must help in resolving conflicts peacefully”.

“Always doing something that puts the President or the government in a trap is not a very good thing. I think the best thing to do at this time is let Fahmy take the initiative and decide on the matter. That is my position,” he said.

However, both former Attorney General Azima Shukoor and her successor Aishath Bisham have told media that President Waheed was advised against reinstating Fahmy in the post.

Both attorneys general argued that despite the Supreme Court ruling that Fahmy’s removal by parliament was unconstitutional, the apex court had not ordered his reinstatement.

Speaker’s warnings

Meanwhile, Speaker of Parliament Abdulla Shahid sent out a strong warning to Chair of Judicial Service Commission (JSC) Adam Mohamed informing the Supreme Court Justice that he would boycott the commission’s meetings should Fahmy continue to attend meetings of the judicial oversight commission.

Shahid’s warning came shortly after Attorney General Aishath Bisham conceded during a meeting with Parliament’s Executive Oversight Committee (EOC) that any JSC meetings with Fahmy present would not be legally valid.

In response to a question by the committee chair, opposition Maldivian Democratic Party (MDP) MP Ali Waheed, Bisham insisted that Mohamed Fahmy Hassan would not have to be reinstated.

In a letter sent at the time, Speaker of Parliament Shahid – who is an ex-officio member of JSC – stressed that even though the chair of CSC is also by virtue of his position a member of JSC, Fahmy cannot sit on commission because he had been dismissed from his position by parliament.

He added the parliament had informed President Waheed about its decision.

“In that letter, when the parliament came to the decision [to remove Fahmy], then-Attorney General Aishath Azima Shukoor and current Attorney General Aishath Bisham stated that Mohamed Fahmy Hassan could not sit in JSC as the President of CSC as that position had become vacant with the parliament’s decision.”

“The Attorney General Aishath Bisham had also said that JSC meetings attended by Fahmy cannot be deemed legal, during the 46th committee meeting of parliament’s executive oversight committee on June 4, 2013,” Shahid wrote.

Therefore, Shahid said he would not take part in any meetings attended by Fahmy.

The parliament has meanwhile invited interested candidates to apply for the “vacant” position of CSC President.

President Waheed however maintained that, prior to any appointments to the commission, the parliament should discuss the matter with the Supreme Court to avoid any further conflict.

Fahmy was not responding to calls from Minivan News at time of press.

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President Waheed removes ‘Reynis’ Saleem from JSC

The government has today dismissed Mohamed ‘Reynis’ Saleem from his role as the president’s member to the Judicial Service Commission (JSC) over allegations he commissioned gangs to retrieve money owed to him.

An official from JSC –  the judicial watchdog institution – confirmed receiving a letter from President’s Office informing the commission of Saleem’s removal from the oversight body.

In May, Saleem was summoned to the police for questioning over allegations he had used gangs. Police have now concluded the investigation and sent Saleem’s case to the Prosecutor General’s Office for prosecution.

Newspaper Haveeru reported last week that attempts made by police to arrest Saleem stalled after the Criminal Court refused to grant an arrest warrant.

An appeal by the police following the denial also failed after the High Court backed the Criminal Court’s decision to deny the arrest warrant.

Saleem has meanwhile denied allegations of wrongdoing, claiming in local media that he had not resorted to illegal means in retrieving money owed to him.

A police media official told Minivan News that no further details could be provided on the case at present as investigations were ongoing.

According to local media, the President’s Office stated that the decision to remove Saleem from the JSC had been prompted by the potential criminal prosecution expected to follow as a result of the police investigation.

Saleem was appointed to the JSC after President Mohamed Waheed took office in February 2012 following former President Mohamed Nasheed’s controversial resignation amidst a violent mutiny by elements of the police and military.

Apart from the President’s appointee to the JSC, the commission is comprised of the Attorney General, the Speaker of Parliament, a representative from the Parliament, a representative from the High Court, a representative from the Supreme Court, a representative from the lower courts, Chair of Civil Service Commission, a representative from the public appointed by parliament and a representative from registered lawyers in the country.

Saleem has also been accused of having close ties with aides of former President Maumoon Abdul Gayoom and his family.

Saleem was also the defence counsel of Deputy Speaker of Parliament Ahmed Nazim – a member of Gayoom’s Progressive Party of Maldives (PPM) – in criminal cases concerning an alleged scam to defraud the now-defunct Ministry of Atolls Development.

Earlier this week, the High Court concluded hearing witness statements in the state’s appeal of a Criminal Court decision to acquit Nazim on charges of corruption.

Nazim stands accused of receiving more than US$400,000 through fraudulent transactions made by a company he was found to own.

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Jumhoree Party Leader Gasim Ibrahim confident of securing presidential election in first round

Business tycoon and leader of the government-aligned Jumhoree Party (JP), MP Gasim Ibrahim, has expressed confidence he will win the upcoming presidential election in the first round of voting.

Speaking at a rally in the party’s Male’ headquarters yesterday (June 16), Gasim was quoted in local media as claiming that he was well placed to become the Maldives’ next president based on a recent spike in the JP’s membership.

According to the latest statistics from the Elections Commission (EC), the JP’s current membership stands at 12,154 members (five percent of eligible voters) with a further 1,374 membership forms pending approval.

The JP, a member of President Dr Mohamed Waheed’s coalition government, recently announced that it would decide whether to contest the election alone or within a coalition after the conclusion of its national conference later this month.

However with the party expected to officially unveil its leader during the congress, MP Abdul Raheem Abdulla said the JP anticipated fielding its own candidate during the election.

“What I will say is that our articles and regulations state that our leader has to run as a presidential candidate. We have to run for the seat on our own,” he said last week.

Raheem added that the party did nonetheless have criteria under which it would look to join a coalition.

Speaking last night, Gasim predicted a growing number of MPs would join his party and unite behind him in order to back a candidate he claimed could steer the country from corruption.

“[That leader] is Gasim Ibrahim,” he said.

Gasim is also the chairman of the Villa Group, which owns resorts, shipping lines, electronic stores and a cement packing factory in the Maldives. Gasim also owns private broadcaster Villa Television (VTV), and is a member of the Judicial Services Commission (JSC).

The MP for Maamigili claimed a surge in his party membership suggested that people were now thinking about what was best for the country and which party offered the best solution to the nation’s woes.

Gasim maintained that the public ultimately did not wish to elect a leader who would defy them, claiming instead that they wanted an experienced person capable of running the country.

“Even a fishing vessel must be handed over to a good captain,” he stressed.

Gasim claimed that with his wealth he had provided education for a lot of students, as well as covered medical expenses for a number of citizens.

If elected president in September, Gasim pledged to continue providing further help to the people, something he claimed the public were already aware of.

JP Spokesperson Moosa Rameez was not responding to calls at time of press regarding the comments.

The election is set to take place on September 7, and the Elections Commission (EC) has announced that a total of 241,000 people will be able to cast their vote in the second multi-party presidential vote to be held in the country since ratification of the 2008 constitution.

Two major political parties in the country – the opposition Maldivian Democratic Party (MDP) and former President Maumoon Abdul Gayoom’s government-aligned Progressive Party of Maldives (PPM) – have so far announced their intentions to field candidates.

Incumbent President Dr Mohamed Waheed has also announced his intention to stand, backed by a coalition including his own Gaumee Iththihaadh Party (GIP), the Dhivehi Rayyithunge Party (DRP), Dhivehi Qaumee Party (DQP) and religious conservative Adhaalath Party (AP).

The opposition MDP is fielding former President Mohamed Nasheed, who controversially resigned from office following a violent mutiny by sections of the police and military on February 7, 2012.

Both Nasheed and his party continue to allege his government was toppled in a bloodless coup d’etat, accusations that were later rejected by a Commonwealth-backed Commission of National Inquiry (CoNI).

The PPM will meanwhile be fielding former President Gayoom’s half-brother, MP Abdulla Yameen Abdul Gayoom, as its presidential candidate. Yameen secured the party’s ticket after a fierce presidential primary against former PPM activist Umar Naseer. Naseer was later dismissed from the party after making accusing Yameen vote rigging in the primary.

First round claims

Election rules dictate that a candidate must secure over 50 percent of the popular vote to secure the presidency in the first round. Should no candidate secure a simple majority, a run-off second round election is then required to be held 20 days later between the top two candidates.

Former President Nasheed, who commands the single largest political support base in the country in terms of party membership, has previously predicted that he would win the election within the first round with a 57 percent popular vote. The party claims to have been pledged 125,000 votes already – 52 percent of total eligible voters, or almost 60 percent of the first round assuming an 85 percent voter turnout (as the figure stood in 2008, another ‘high stakes’ election).

Former DRP Spokesperson Ibrahim Shareef said the party, which is backing President Waheed in the election, did not believe there was a single party in the country capable of securing an outright win in September.

“No party in the country will get more than 35 percent of the vote during the first round, even the MDP which remains the biggest single party,” he said last month.

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President Waheed met with angry protests during “bittersweet” campaign trip to Thinadhoo

President Mohamed Waheed’s maiden campaign trip to Thinadhoo in Gaaf Dhaal Atoll was met by hundreds of angry protesters who came out in opposition to the government’s heavy crackdown on the island following Waheed’s controversial ascension to power on February 7.

President Waheed has launched his presidential campaign under the slogan “forward with the nation”, after unveiling Ahmed Thasmeen Ali – leader of government-aligned Dhivehi Rayyithunge Party (DRP) – as his running mate.

Waheed is backed by what he contends is a “broad-coalition” of political parties including his own party Gaumee Iththihaadh Party (GIP), the DRP, Dhivehi Qaumee Party (DQP) and religiously conservative Adaalath Party (AP).

At present, Waheed and Thasmeen will be standing against former President Maumoon Abdul Gayoom’s Progressive Party of Maldives (PPM) candidate Yameen Abdul Gayoom – Gayoom’s half brother, and opposition Maldivian Democratic Party (MDP) candidate former President Mohamed Nasheed.

He is also expected to face a candidate from the government-aligned Jumhoree Party (JP), presently led by MP Gasim Ibrahim.

Following the scuffle on Thinadhoo – Waheed’s mother’s home island – the President expressed frustration over the incident on social media service Twitter, in which he blamed Nasheed and the MDP and declared that such actions “do not bear well for a free and fair election”.

Speaking to local newspaper Haveeru, Waheed’s party Gaumee Iththihaadh Party (GIP) spokesperson Abbas Adil Riza alleged a group of MDP supporters came out to protest against Waheed. Some protesters also assaulted MP Ibrahim Muthalib from the Adhaalath Party, he alleged.

Riza claimed that Muthalib was saved from the protesters after the police intervened and calmed the situation.

According to media reports, objects including water bottles were also seen thrown at Waheed.

Thinadhoo saw some of the strongest reactions to the February 8 crackdown on protesters in Male’, with government offices and police stations destroyed across the island. Islanders were also reported to have blockaded the arrival of police reinforcements for days afterwards.

Police eventually arrested 17 people and later sent the names of 108 persons involved in the demonstrations for prosecution.

Family members no longer speak to me: President Waheed

Speaking at a campaign rally on the island, Waheed conceded that several family members including those residing on the island no longer spoke with him after the controversial transfer of power on February 7, 2012.

Waheed acknowledged that one of the main reasons why some of his family members had deserted him was that he was now working closely with those who had strong affiliations with former President Maumoon Abdul Gayoom’s 30-year autocratic regime. He said noted that his detractors included his own brothers and sisters, as well as cousins and nephews.

“It feels like they are trying to say that their brother doesn’t love them that much – and that is why he is working with people who we hate,” Waheed observed.

Waheed also spoke to the islanders about how his mother was subjected to torture and inhumane treatment following her mild criticism of Gayoom’s regime.

“As you would all know, back [during Gayoom’s regime] the political environment was such that criticising the government was a big crime. My mother while watching the TV said that Gayoom had lied. After that it was a very bitter experience,” he recalled.

“The poor lady was dragged to court, people gathered around her on the streets and pulled her hair, spat on her and committed other derogatory acts at that time in Male’.”

Waheed claimed that his mother never had any involvement in local politics and admitted that none of his family members would forget how Gayoom’s regime treated his mother.

Waheed said that despite this, the circumstances following the controversial resignation of former President Nasheed required him to take over the presidency. For that reason, Waheed said he had invited all political parties in the country to join his government.

“Among these [members of political parties] included those who caused such grief to my family. It is not that I don’t know who these people are, or that I chose to work with them. What was best for the country at that moment was for me to set aside my personal vengeance and to prioritise the country before my personal emotions,” he contended.

“Some of my family members could not take that. The result was that some of them, to this date, do not speak with me. Some of them even live in this island,” he said.

“Arriving in Thinadhoo gives me a bitter-sweet taste,” he added.

February 7

Nasheed’s arrest of Chief Judge of Criminal Court Abdulla Mohamed led to 22-days of continuous anti-government protests initiated by religious scholars and opposition leaders. This culminated in a police and military mutiny and the controversial stepping-down of former President Mohamed Nasheed on February 7, 2012.

Waheed – who was then vice-president – had shortly before the resignation publicly come out against Nasheed and joined the revolt, meeting key opposition party members in his residence at late hours the previous week.

Less than four hours after Nasheed resigned, Waheed took oath as the President, dismissed all Nasheed’s ministers and formed a coalition government with Nasheed’s political opponents.

Following the regime change, thousands of demonstrators came out in protest. Police retaliated with a brutal crackdown in front of international media.

The protests quickly spread across the country leading to arson attacks against government offices and the police stations.

“In essence, my statement is very small… I was forced to resign. I resigned under duress. I was threatened. If I did not resign within a stipulated period it would endanger mine and my family’s life. I understood they were going to harm a number of other citizens, party members. They were going to literally sack the town. I felt that I had no other option, other than to resign,” Nasheed told the Commission of National Inquiry (CNI) that later investigated the transfer of power.

Despite the claim, the Commonwealth-backed CNI which included Waheed’s three hand-picked members, a Singaporean judge chosen by the government and a single representative from Nasheed who resigned in protest, dismissed allegations of a coup.

Subsequent legal analysis of the CNI final report by a team of high-profile Sri Lankan lawyers – including the country’s former Attorney General – accused the commission of exceeding its mandate, selectively gathering and acting upon evidence, and failing to adequately address the fundamental issue with which it was charged: determining whether former President Mohamed Nasheed resigned under duress.

Waheed has repeatedly dismissed the allegations and police have threatened to arrest anyone calling them ‘Baaghee’ (‘traitor’).

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Former President Nasheed calls for reinstatement of GMR agreement

Former President Mohamed Nasheed has called on the government to reinstate the concession agreement with Indian infrastructure giant GMR to develop and manage Ibrahim Nasir International Airport (INIA).

In 2010, GMR-Malaysia Airports Holdings Berhad (MAHB) consortium, the government of former President Mohamed Nasheed and Maldives Airport Company Limited (MACL) entered into a 25 year concession agreement worth US$511 million (MVR 7.787 billion).

The agreement charged the GMR-MAHB consortium with the management and upgrading of INIA within the 25 year contract period.

However in November 2012, the government of President Dr Mohamed Waheed declared the developer’s concession agreement void and ordered it to leave the country within seven days.

A last minute injunction from the Singapore High Court during arbitration proceedings was overturned on December 6, after Singapore’s Chief Justice Sundaresh Menon declared that “the Maldives government has the power to do what it wants, including expropriating the airport.”

GMR is now seeking upwards of US$1 billion in compensation for the sudden termination, while at least one of the project’s lenders has called in loans that were guaranteed by the Finance Ministry at the time the contract was signed.

The Maldivian government is contending in court that it owes nothing as the contract was void ab initio –  invalid from the outset – and therefore clauses relating to termination and compensation did not apply.

Should the argument of void ab initio fail, the government has claimed the second legal grounds on which it would argue in favour of termination of the contract would be that the contract had been ‘frustrated’ – an English contract law doctrine which acts as a device to set aside contracts where an unforeseen event either renders contractual obligations impossible, or radically changes the party’s principle purpose for entering into the contract.

The case is currently in the arbitration and is set to take place in Singapore with using Maldives Airport Co Ltd v GMR Malé International Airport Pte Ltd as a reference point.

The Attorney General’s Office has previously stated that the Maldives will be represented by Singapore National University Professor M Sonaraja, while former Chief Justice of the UK, Lord Nicholas Addison Phillips, will represent GMR.

The arbitrator mutually agreed by both GMR and the government is retired senior UK Judge, Lord Leonard Hubert Hoffman.

Deal was “highly beneficial to the Maldives”: Nasheed

Nasheed in the statement released by his office on Monday said the agreement would have been highly beneficial to the country’s economy and would have boosted investor confidence in the Maldives.

“The agreement was entered into after a transparent international bidding process and under the consultation from the International Finance Corporation (IFC).  The agreement also gave confidence to foreign investors who had been interested in investing in the Maldives,” read the statement.

Nasheed said the concession agreement had been the single largest foreign investment in the country’s history, and noted that it had been terminated for political reasons.

The statement also alleged the current government gave little consideration to the repercussions of terminating such an agreement, which included worsening bilateral ties, hindering development, and lowering investor confidence in the country.

The statement also acknowledged recent remarks by former President Maumoon Abdul Gayoom – whom Nasheed defeated in the 2008 presidential elections.

Gayoom blamed Nasheed for not obtaining parliamentary approval and “consulting all political parties” before signing the deal with the GMR-Malaysian Airports consortium.

“This was a mistake. Had he consulted all political parties, the public would not have formed the impression that corruption had taken place,” Gayoom was reported as saying in the Hindu.

“Then we told the next President Mr Waheed that he should hold discussions with the GMR Group and the Indian government to arrive at an acceptable solution, after which the government was free to act on its own. Unfortunately, this was not done and suddenly there was this unhappy ending.”

Nasheed’s office however emphasised that the government was legally able to enter into such an agreement and that this was in line with the section 6 of the Public Finance Act.

Gayoom had told Indian media that former President Mohamed Nasheed – whose government was controversially replaced in February last year – had to take the majority of blame for the GMR contract dispute, despite not being in office at the time of its cancellation.

“The GMR experience was not a very good one for us. It began badly with [Nasheed] not informing parliament,” Gayoom was reported as saying in the Indian Express.

Nasheed meanwhile condemned President Waheed’s “negligent” decision to evict GMR for political gain without giving due consideration to bilateral ties with India.

Waheed’s Special Advisor Dr Hassan Saeed – who was a fierce critic of the GMR deal before its cancellation – in November last year appealed to Prime Minister Singh to terminate the GMR deal, writing that “GMR and India ‘bashing’ is becoming popular politics”.

While in opposition in December 2011, the DQP also released a 24 page pamphlet alleging that allowing GMR to develop Ibrahim Nasir International Airport (INIA) was “paving the way for the enslavement of Maldivians in our beloved land”, and warning that “Indian people are especially devious”.

Former Home Minister Dr Mohamed Jameel Ahmed, the DQP’s Deputy Leader at the time of the pamphlet’s publication, was recently unveiled as the running mate of Gayoom’s party Progressive Party of Maldives (PPM) Presidential candidate Abdulla Yameen – Gayoom’s half brother.

Nasheed meanwhile called on parliament to take prompt action and said that it was important for it to seek a quick remedy to the issue.

“The decision [to cancel] was made without consulting the views of major political parties and resulted in incalculable damage to the country and its economy,” Nasheed’s statement read.

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Government defies parliament vote, moves Immigration under Defence Ministry

President Mohamed Waheed Hassan has decided to defy parliament’s decision to not endorse the transfer of the Immigration Department to the Ministry of Defence, and make the change without parliament’s consent.

The government of President Waheed on Tuesday sought parliament’s approval to move Immigration department, National Disaster Management Centre and Aviation Security Command under the Defence Ministry led by Minister of Defense, retired Colonel Mohamed Nazim.

However, the parliament by a majority of 27 to 23 votes decided to disapprove the departmental shuffling.

During the debate on the request by the President’s Office to endorse the changes to the defence ministry’s mandate, MP Mohamed Rasheed of the opposition Maldivian Democratic Party (MDP) proposed a motion against approving the changes.

The motion against approving the changes was passed after four MPs from the government-aligned Progressive Party of Maldives (PPM), including its presidential candidate Yameen Abdul Gayoom, backed the MDP’s motion.

Other PPM MPs who voted with the opposition include MP Ahmed Mahloof, MP Mujthaaz Fahmy and MP Ibrahim Riza.

The article 116 of the constitution states that the President – despite having the discretionary power determine the jurisdiction of the ministries – is required to submit all information relating to the ministries and their areas of jurisdiction to the parliament for its approval.

In December 2012, the responsibility for overseeing the Department of Immigration and Emigration was switched to the Ministry of Defence and National Security. The President’s Office claimed the decision to move the department under the mandate of Defence Ministry was made in a bid to make administration of the country’s immigration system more efficient.

President Waheed on Wednesday decided to make the change anyway despite parliament’s objection, with the result that approval will again be sought via parliamentary vote.

Following parliament’s decision, Attorney General Aishath Bisham told local news outlet CNM that despite parliament’s disapproval, the Department of Immigration and Emigration can still operate under the watch of the Defence Minister.

According to Bisham, the president has the power to transfer the department to any ministry under section 35 of the Immigration Act. However, Bisham said the president had sent the matter to parliament to adhere to the requirement stated in article 116 of the constitution which requires parliamentary approval for changes in mandates of cabinet portfolios.

Bisham also said that the government would again resubmit the matter to parliament concerning the transfer of Disaster Management Centre and Aviation Security Command to the Defence Ministry.

Speaking to Minivan News, opposition MDP MP Imthiyaz Fahmy – who is also a member of parliament’s Executive Oversight Committee (EOC) – alleged President Waheed was undermining the constitution and the laws of the country by attempting to militarise state institutions.

“The constitution clearly states that any changes brought to the mandate of a government ministry must be approved by the parliament. If the president can do whatever he wishes to do, why is it in the constitution stated that such decisions require parliamentary approval?” Fahmy questioned.

Fahmy claimed that any decision disapproved by parliament would be deemed invalid and therefore could not be considered to have legal effect.

“The reason to obtain parliamentary approval for such decisions is to have proper accountability. It is the duty of the parliament to hold the government accountable,” Fahmy added.

The Immigration Department has come under heavy fire from the Anti Corruption Commission (ACC) – the independent institution responsible for prevention of corruption and corrupt practices – over alleged corrupt activities including the signing of establishing a border control system with Malaysian mobile security provider Nexbis.

The ACC have taken the matter to Parliament’s Finance Committee claiming that the deal with Nexbis will cost the Maldives MVR 2.5 billion (US$162 million) in potential lost revenue over the lifetime of the contract.

The former Controller of Immigration Sheikh Ilyas Hussain – brother-in-law of President Waheed – stands accused of corruption charges over the Nexbis deal. The trial of Illyas Hussain is currently being heard at the Criminal Court, where he has pleaded not guilty to the charges.

Ilyas is accused of omitting from the concession agreement clauses that required Nexbis to provide 29 scholarships and 200,000 identity cards free of charge. The clauses were in the original technical proposal submitted by Nexbis to the tender evaluation board.

If convicted, the state minister could face either a jail term of up to three years, banishment or house arrest.

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