Speaker Shahid to boycott JSC meetings should Fahmy participate

Speaker of Parliament Abdulla Shahid has warned President of the Judicial Services Commission (JSC) Adam Mohamed that he would boycott the commission’s meetings should Chair of Civil Service Commission (CSC) Mohamed Fahmy Hassan continue to be a part of it.

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 including Fahmy would have no legal effect.

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 as chair of the Civil Service Commission (CSC) after the Supreme Court ruled that his removal by parliament was unconstitutional.

Fahmy was dismissed from his CSC post in November 2012 in a no-confidence vote in parliament following an inquiry by the Independent Institutions Committee into allegations of sexual harassment against a CSC employee.

Both Fahmy and the 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, taken her hand and asked her to stand in front of him so that others in the office could not see, and caressed her stomach 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.

The Supreme Court however ruled 6-1 in March 2013 that Fahmy would receive two punishments for the same crime if he was convicted at court following his dismissal by parliament (double jeopardy).

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

In a letter sent on Monday, Speaker of Parliament – who is by virtue of his position, a 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 in JSC because he had been deposed from his position by parliament.

He added the parliament had informed President Mohamed Waheed Hassan 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 claimed that he would not take part in any meetings attended by Fahmy.

Speaking to Minivan News on Monday JSC Media Official Hassan Zaheen confirmed receipt of the letter from Speaker Shahid but said he did not see the need for the commission discuss the matter as it was “not part of the commission’s mandate as per the law”.

Don’t put me in a trap – President Waheed

President Mohamed Waheed Hassan speaking on the issue said it was “very complicating” for him to make a decision about Fahmy.

Fahmy had previously claimed in the media that he would only take a decision on whether to continue being part of CSC  after President Waheed made a decision on the issue, claiming that it was the President who had given him the letter of appointment.

Instead of addressing the issue directly, Waheed, who appeared unwilling to address the matter during a press conference on Monday, told the media that Parliament and the Supreme Court were in dispute over the matter.

At such a complicated time, Waheed said, “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.

The parliament has meantime opened the opportunity for interested candidates to apply for the “vacant” position of CSC 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.

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President Waheed pledges housing policy as part of election campaign

President Mohamed Waheed Hassan has pledged to establish a housing policy for the people of Male’ as part of his bid to secure election in the upcoming presidential elections.

President Waheed assumed power after the sudden resignation of his predecessor, former President Mohamed Nasheed on February 7, 2012, following a mutiny by police and the Maldives National Defense Force (MNDF).

Speaking during a rally held by his own party Gaumee Iththihaadh Party (GIP) on Saturday night, President Waheed claimed that it was his hope to provide separate housing for every Maldivian.

A website was also launched in collaboration with the GIP and a local NGO, Magey Male’ Foundation, to brief the public about congestion in Male’.

Social issues

President Waheed during the rally claimed that one of the major reasons contributing to increased criminal activities, drug abuse and divorce rates was the lack of housing available within the country to build a family.

Waheed noted that there were approximately 80,000 residents in Male’ including those who had migrated to the capital for various purposes, while population of the city stood at 150,000 – half of whom do not have their own housing.

“This is not something we can delay. Therefore, the government has planned to speed up the land reclamation from Hulhumale and I would like to inform on this occasion that the government has begun evaluating bids proposed by parties who expressed interests in carrying out the project. The result would mean Hulhumale’ will in the future be twice the size it is today,” President Waheed said.

Waheed also said that the capital Male’ belonged to all the people of the country and therefore services provided in the capital should have the capacity to provide these services all people.

He also said that projects seeking to provide fundamental needs of the people should not be fashioned around “the problems faced yesterday”, but rather address the issues that would be faced in the future.

“As these are the circumstances we are facing, I intend to form a committee consisting of technocrats and experts in the field to see how the problems faced by the capital Male’ can be addressed and resolved. At the same time, within our broad coalition, we will work on policies that would better the current situation of Male’,” he said.

Situation on the islands

Waheed highlighted that people from islands are still unable to get basic services and conceded that his government was unable to take adequate measures to develop these islands.

“[The lack of basic services] was significantly noticed during the 2004 tsunami crisis. The whole world has witnessed the difficulties endured by the people,” he said.

Furthermore, Waheed said that the ratification of the 2008 constitution meant that people who were in charge of the country were forced to address the issues faced by the people instead of consolidating power. It also forced the speeding up of infrastructure developments such as harbours, airports and sewerage systems, President Waheed said.

The solution to the problems, the President said, was to developing well populated islands throughout the country.

“Our hope is to build more housing facilities on such islands and provide basic services such as electricity, water and sewerage systems and let the population in those islands grow further.  I hope that land reclamation on such islands will begin soon,” he said.

“AT this critical time, political parties uniting with one another for the sake of the country is similar to that of two neighbours teaming up to address big issues. Therefore, unity and cooperation do not have a set time or a set venue to take place and neither do they belong to a separate system,” he added.

Waheed during his speech also claimed that he was a person who considered advice, rather than taking matters into his own hands, and said he would therefore only make important decisions after discussing them with necessary stakeholders.

Party reinforcements

During the rally, two members of parliament, former Progressive Party of Maldives (PPM) MP Ahmed Shareef and Independent MP Ahmed ‘Kurendhoo’ Moosa, officially announced they would be joining GIP.

Male City Council member and former Male Mayor ‘Sarangu’ Adam Manik also announced his defection from the MDP to GIP. Along with Manik, former PPM member and former MP Jaufar ‘Jausa Jaufar’ Easa Adam joined the party.

The GIP spokesperson’s phone was switched off at time of press.

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Sacked Human Rights Minister sues Speaker Shahid for role in alleged “coup d’état”

Former SAARC Secretary General and dismissed Human Rights Minister Fathimath Dhiyana Saeed has filed a lawsuit against the Speaker of Parliament Abdulla Shahid over his decision in February 2012 to declare the presidency vacant.

The suit also asks the court to declare illegitimate the transfer of power following former President Mohamed Nasheed’s controversial resignation.

Saeed, along with her associates, previously attempted to file a similar case at the High Court requesting it rule that former President Mohamed Nasheed’s resignation was obtained under duress.

The group of attorneys claimed that following their assessment of the events that led to the former president’s controversial resignation, several legal inconsistencies and lapses that suggested the transfer of power took place illegally.

However the High Court refused to accept the case claiming that it did not have jurisdiction to look into the matter. However, Dhiyana had at the time contended that she was of the view that High Court did have the jurisdiction.

Former President Mohamed Nasheed resigned following a 22-day continuous anti-government protest led by religious scholars and opposition leaders with the backing of mutinying police and military officers, that began in mid-January 2012. The protest flared after Nasheed’s controversial detention of Chief Judge of the Criminal Court Abdulla Mohamed.

Following his resignation, Nasheed claimed to have been forced to resign under duress, and declared that his government had been toppled in a bloodless coup d’etat.

According to Saeed, the new Civil Court case was a modified version of the case first rejected by the High Court. She also announced the case had been accepted by the Civil Court.

Saeed told Haveeru that it was fundamental in a democratic society for people to have the right to cast their vote. She claimed that people had elected Nasheed for a term of five years, and forcing him to prematurely submit his resignation in a coercive environment was disregarding the right for people to vote and elect their ruler.

Prior to declaring that this right had been grossly disregarded, she argued that it was important for the court declare that President Mohamed Waheed Hassan’s ascension to presidency was illegal and that his government therefore was illegitimate.

Speaker’s role

Speaker Shahid recently defected from the government-aligned Dhivehi Rayyithunge Party (DRP) to Nasheed’s MDP and is currently actively campaigning for Nasheed’s bid for the presidency in 2013.

However Dhiyana Saeed stated that Shahid was the person under the Article 121 of the constitution who was to declare vacant of the office of president, should an incumbent president resign or vacate the office.

“It was the Speaker of Parliament who declared the office of president vacant, be it had he done it knowingly, mistakenly or unknowingly,” Saeed told Haveeru. “This doesn’t mean Shahid committed a criminal offense. It also does not mean that he partook in the events or that he made the decision [maliciously].”

She further contended that Speaker Shahid had failed to look into the circumstances surrounding Nasheed’s resignation before making the declaration.

Saeed told Minivan News on Sunday that she and the counsel have “stopped short of asking for Nasheed’s reinstatement”, claiming that she did not have “the locus standi to ask for a particular relief”.

“If the ruling comes in our favour, it might be possible for Nasheed to institute a second proceeding for reinstatement. As far as this case is concerned, our interest is in the rule of law and invoking constitutional process to uphold the legal order as stipulated by the constitution,” Saeed told Minivan News.

Dhiyana Saeed, formerly a member of current President Mohamed Waheed’s cabinet and one of the earliest critics of Nasheed’s decision to detain Judge Abdulla, has also released a personal memoir explaining her interpretation of Waheed’s ascension to power. In the memoir, Saeed alleged that Nasheed’s political rivals had conspired to assassinate him.

Saeed alleged that the controversial transfer of presidential power on February 7 was the result of a premeditated and well-orchestrated plan, and questioned the findings of the Commonwealth-backed Commission of National Inquiry (CNI), which had declared that there was no coup and Nasheed had resigned voluntarily.

Parliament’s Executive Oversight Committee’s review of the report revealed several concerns including omission of key evidence and witness statements.

Chair of Parliament’s Executive Oversight Committee, MP Ali Waheed, claimed the August 2012 report produced by the CNI was “flawed” based on the findings of the committee.

He added that many interviewed by the committee claimed the CNI report lacked “key information they had given [the CNI panel]” while “others claimed their information was wrongly presented”.

Parliamentary review

To support its claims, the parliamentary select committee released audio recordings of all the statements given by the witnesses. These included former police and military chiefs and officers, who claimed that Nasheed had no option but to resign.

Leaked statements to the CNI given by key witnesses of the events, including senior police and military officials, also suggested that the transfer of power took place illegitimately.

In the transcript of the statement given to CNI by MNDF Staff Sergeant Shafraz Naeem – the commander of the riot squad of the Bandara Koshi (BK) Battalion on the day – said that he also believed that Nasheed was ousted in a coup.

“In my view this was a coup. Why? I could see it from the way they handled everything, their attitude, how cool and calm all the officers were. I could tell from how cool General Shiyam was inside the MNDF. They did nothing. This is not how a uniformed officer should behave,” he told the CNI.

Meanwhile former President Nasheed told the CNI that he was forced to resign, as he believed his life was at stake on February 7 if he did not.

“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,” he said.

On September 2012, following the release of the report, a legal analysis of the CNI’s report by a team of high-profile Sri Lankan legal professionals – including the country’s former Attorney General concluded that the report was “selective”, “flawed”, and “exceeded its mandate”.

“The report offends the fundamental tenets of natural justice, transparency and good governance, including the right to see adverse material, which undermines the salutary tenets of the Rule of Law,” observed the report.

The Sri Lankan legal team also contended that “there is evidence to demonstrate that there was in fact adequate evidence to suggest that duress (or even ‘coercion’ and/ or illegal coercion as used by CNI) is attributable to the resignation of President Nasheed.”

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Candidates to file for presidential election on July 15: Elections Commission

Candidates for the upcoming presidential elections scheduled for September 7 will be invited to file their candidacy with the Elections Commission (EC) from July 15, the commission has stated.

Along with opposition leader former President Mohamed Nasheed of the Maldivian Democratic Party (MDP), leaders of several political parties currently aligned with the current government of President Mohamed Waheed Hassan – including the incumbent – have publicly announced they will be competing for the office.

Leader of the Dhivehi Rayyithunge Party (DRP) Ahmed Thasmeen Ali, Leader of the Jumhoree Party (JP) and business tycoon MP Gasim Ibrahim and Parliamentary Group Leader of former President Maumoon Abdul Gayoom’s Progressive Party of Maldives (PPM), MP Abdulla Yameen Abdul Gayoom – who won the party’s controversial presidential primary beating rival Umar Naseer – have publicly announced their bids for the presidency.

Speaking Minivan News on Sunday, President of the EC Fuad Thaufeeq said that the opening of the candidacies was not a “new announcement” as the constitution required the commission to announce the presidential election 120 days prior to the end of the current presidential term, which expires in November 2013. Therefore, he said the opportunity to file for formal candidacy needed to be opened on July 15.

“From July 15, all prospective candidates will get a 10-day period to file their candidacy with us. This period will include public holidays as well. So the due date to file candidacy will be July 24,” he said.

According to Thaufeeq, the commission has begun preparations for the presidential poll and is currently working on finalising “regulations” concerning the election which he claimed would be completed within a week’s time.

During the period in which the commission opened the regulation for public commenting, the EC president said it had received significant support from major political parties including the MDP, PPM and DRP.

Apart from the political parties, Thaufeeq also said that local NGO Transparency Maldives had also given very “constructive comments” on the draft regulation.

Transparency recently published a comprehensive pre-election assessment, highlighting vote-buying, political polarisation, and credibility as critical challenges for the 2013 elections.

The election was set to take place “against a context of uncertainty, crises of political legitimacy and unprecedented levels of political polarisation,” the NGO noted.

The Elections Commission has meanwhile revealed that this year’s presidential elections – which will be the country’s second multiparty presidential poll since the formation of political parties in 2005 – will see 31,000 new voters casting their vote.

According to the statistics from the commission, the total number of eligible voters for the election stands at 240,302 – 31,008 more than the number of eligible voters in the 2008 presidential elections (209,294).

The commission in March also opened registration for voters who are currently not residing on the island where they are initially registered to vote, in a bid to increase voter turnout for the 2013 election.

According to the statistics published at the commission’s website, voter turnout for the first round of the 2008 Presidential Elections stood at 85.38 percent with a slight rise in the second round of polling, at 85.58 percent.

The President is elected through a universal suffrage ballot where a candidate must obtain a minimum margin of 50 percent plus 1 vote to secure an election victory. Should any of the candidate contesting in the election failed to get the required number of votes, a run-off election is held after a 20-day period contested by the two candidates with the largest share of votes, to decide the winner.

Former President and the opposition MDP’s presidential candidate Mohamed Nasheed predicted that he would win the election in the first round while the remaining government-aligned candidates have maintained the winner of the elections will be decided in a run-off election, where losing parties form coalitions with either of the two remaining candidates.

Despite the claim, the opposition MDP have claimed that they do not plan to go into a power-sharing coalition with parties, elaborating that coalition governments were incompatible with the country’s presidential system of governance.

Nasheed – who was elected as the President in 2008 with the backing of then-coalition of parties “Wathan Edhey Gothah Iththihaadh” which fell apart within the first year of his presidency – previously claimed that he along with all political leaders of the country had tasted the “bitter lesson” of incompatibility of coalition governments and described that the idea of coalition governments contrasted with the spirit of the constitution.

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President Waheed “most patient, just and capable” among candidates: Dr Hassan Saeed

Dhivehi Qaumee Party (DQP) Leader Dr Hassan Saeed has said he believes President Mohamed Waheed is the only presidential candidate who has the required “patience and drive” to work alongside people with differing views.

The recent comments by Saeed – who currently serves as Special Advisor to President Waheed – were made the same month the DQP formally entered into a coalition with the President’s own Gaumee Iththihaadh Party (GIP) ahead of elections scheduled for September 7 this year.

Both the DQP and GIP are small political parties currently facing potential dissolution for lacking the minimum requirement of 10,000 members as stipulated in the recently passed Political Parties Act.

Speaking to local newspaper Haveeru on Sunday (April 14), Saeed said that President Waheed was the most “academically qualified” candidate.

“He stands even far taller when you compare his international experience  and experience in government than any of the candidates. So if you look at it in any angle, this man is far more capable than all of the remaining candidates,” he said.

Despite the remarks, in February 2012, in a leaked audio clip, Saeed was heard describing President Waheed as “politically the weakest person in the Maldives” .

In the audio clip, he also went onto mock the size of the GIP’s support base, claiming at the time that the party’s only members were “Dr Waheed and the wife, that Ahmed ‘Topy’ Thaufeeg, [Secretary General of the GIP] and Waheed’s secretary at the President’s Office”.

Dr Saeed was not responding to calls at time of press when contacted by Minivan News.

Saeed – who was himself a presidential candidate in 2008 and ended the race at third position with 16 percent of the popular vote – claimed that there was a high possibility that many other government-aligned parties would follow the DQP in joining President Waheed’s coalition.

Saeed said these parties could include the government-aligned Jumhoree Party (JP) of business tycoon MP Gasim Ibrahim, Dhivehi Rayyithunge Party (DRP) and the Maldivian Development Alliance (MDA), led by tourism magnate MP Ahmed ‘Sun Travel’ Shiyam.

Gasim and DRP Leader Ahmed Thasmeen Ali are both presidential candidates for their respective parties.

The religious conservative Adhaalath Party has also publicly pledged its support to President Waheed, last month announcing plans to form a coalition with the GIP.

Saeed claimed that all political parties, except the opposition Maldivian Democratic Party (MDP), were welcome to join the coalition.

He claimed that should such an alliance find an agreement on a common ideology, then it could possibly “change the face of Maldivian politics”.

Giving his reasons why the door was closed for the MDP – the largest political party in the country – Saeed claimed that party’s presidential candidate, Mohamed Nasheed, was not a person who had the capacity to work in a coalition government since he always had problems in “digesting opposing views”.

“Chasing and slowing down”

Saeed claimed that the former president’s “impatience” would not allow him to work in a coalition government, adding that the “science of making a coalition government work” required patience and tolerance.

“One cannot simply run at the pace he wants to,” he said. “A coalition partner would always chase the president and slow him down, should he take such a pace. There should always be an environment for dialogue. [In a coalition,] one cannot simply take a wrong way and jump into the sea. Likewise, you cannot go in the right direction as fast as you want. But in general, a coalition government would always be heading in the right direction. Nasheed cannot be like that,”

The MDP previously said that it would not look to form a coalition ahead of elections this year.  However, Saeed claimed by contract, that there was no political party interested in forming an alliance with the main opposition party of the country.

“[The MDP] are only getting the opportunity to work in a coalition within the parliament. Therefore, MDP is seen to work in collaboration with other parties in parliament. They don’t have a problem working as a coalition in parliament. But outside the parliament, they keep saying that they do not want a coalition. This is because, they really don’t have anyone to form a coalition with,” he said.

Speaking during a recent party gathering, former President Nasheed stated that leaders of various political parties had learned “bitter lessons” over the difficulties of running a government by sharing cabinet positions among different political parties over the last four years.

“A cabinet in which one minister belongs to this party and another belongs to that party, cannot run a government,” he said. “I want the people of this country to remember that, when there is word of coalition, it means of forming a weak government.”

Meanwhile, Chairperson of the MDP, MP Moosa ‘Reeko’ Manik echoed similar sentiments claiming that the MDP could not work with political parties demanding political positions as a pre-condition of any alliance.

“There is no place in the MDP for those who come to us and demand a package of four cabinet positions, 12 judges, three warehouses and the Maldives Monetary Authority (MMA). But it doesn’t mean all doors are closed for those parties interested in working under a common political ideology,” Manik said at the rally.

Political weight

Saeed this month also criticised former President Gayoom’s Progressive Party of Maldives (PPM).  The PPM is fielding Gayoom’s half brother MP Abdulla Yameen as its presidential candidate.  Saeed claimed that even Yameen should be backing President Waheed instead of the other way round.

Dr Saeed alleged that Yameen was a candidate who was too “hard to sell” to the public, claiming there remain a number of unpleasant “characteristics” that came to the minds of voters about him.

“Yameen will face the anger of anyone who hated Gayoom’s 30 years [in power]. Yameen will get the hatred of every person who was tortured during Gayoom’s time. He would not get the support of anyone who wished to leave the past. Even the person who wishes to support Yameen would hate him because Gayoom is right beside him,” he told Haveeru.

“There are a lot of people who hate dynastic rule.  A lot of businessmen also suffered during Yameen’s tenure as the trade minister. So they would have a hard time to back him.”

Saeed’s remarks in local media were met with harsh criticism from PPM MP Shifag Mufeed, who described the DQP leader as someone that lacked any political weight.

“The Maldives has two political ideologies. It is that of former President Gayoom’s ideology and that of former President Nasheed’s. Though he says that no one would join those two ideologies, Dr Hassan Saeed himself must know that he does not even have the weight of a wheat grain in Maldivian politics,” Mufeed said in parliament yesterday (April 15).

Shifag also slammed the government of President Waheed, claiming that a bill proposed to parliament on increasing an existing Airport Service Charge was an attempt by the government to recklessly increase its income so that it could be utilized in “fooling people” to vote for him.

The PPM and DQP are both members of President Waheed’s national unity government.

Saeed’s election history

After facing defeat in the first round of the 2008 presidential elections, Saeed publicly announced unconditional support to the MDP candidate Mohamed Nasheed during the subsequent run-off election.

Once Nasheed was elected president, the MDP alleged that Saeed took a U-turn on his own unconditional backing and had demanded several cabinet portfolios for his supporters.

Saeed was later appointed as the special advisor to the president – a cabinet minister level position – in the new government.  Meanwhile, Saeed’s running mate, Dr Ahmed Shaheed, was appointed as the Foreign Minister and current Home Minister Mohamed Jameel Ahmed was given the cabinet portfolio of Communication and Civil Aviation.

However, following a falling off with Nasheed, Saeed left the government claiming that his “diligent” advice was not considered by the former president.  Later, Jameel was sacked from the government and Shaheed joined forces the MDP.

Leaving the government, Saeed and his fellow party colleague Jameel quickly turned against former President Nasheed and became outspoken critics of his administration.

‘Hate-pamphlet’ scandal

In January 2012, just a few days before the controversial fall of Nasheed, DQP released a 30-page pamphlet accusing Nasheed’s government of working under the influence of “Jews” and “Christian priests” to weaken Islam in the Maldives.

“When the Nasheed administration established diplomatic relations with the biggest enemy of Islam [Israel], the government agreed to change the school curriculum and teach our small children about the goodness of Jews,” read the pamphlet. “The Jew’s plan and way of thinking is to divide Islamic countries.”

The Nasheed administration denied the allegations and claimed that the pamphlet was filled with “extremist, bigoted and hate-filled rhetoric” intended to incite hatred among public towards the government.

Following President Waheed’s controversial ascension to power on February 7, 2012, Saeed was reappointed as the Special Advisor for the President while his colleague Jameel was given the position of Home Minister.

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Nasheed predicts first round win with 57 percent of popular vote

Former President Mohamed Nasheed has publicly predicted that the Maldivian Democratic Party (MDP) will win the presidential elections on September 7 with 57 percent of the popular vote – six percent more than the required 51 percent to secure election victory without a run-off election.

In 2008, Nasheed was sworn in as the fourth president of the country after a run-off election against his predecessor Maumoon Abdul Gayoom, who had been in power for 30 years and was Asia’s longest serving leader at the time.

Nasheed’s predictions of securing a first round election victory were dismissed as “meaningless political rhetoric” by the government-aligned Dhivehi Rayithunge Party (DRP).

DRP Deputy Leader Ibrahim Shareef told Minivan News he did not believe there was a single party in the country capable of securing an outright win in September.  He suggested that neither former President Nasheed or Maumoon Abdul Gayoom could achieve more than a 25 per cent  share of the total vote with their respective parties.

Shareef added that despite recent comments by Nasheed, the former president was aware of the “ground realities” of the country’s politics.

“The Maldives is a very small country.  We have seen that since the introduction of political parties, the whole population is more fragmented and polarised,” he said.  “We are in a transitional stage right now where independent institutions are weak and political parties are often poorly organised.”

Shareef contended that there was seemingly very little difference in terms of belief or ideology between political parties.

“All parties have similar views, the only difference is that they seek to be the governing party,” he added.

Considering the share of national vote secured by Nasheed in the first round of the 2008 Presidential election, which eventually led to a run-off where he secured his presidency through a coalition, Shareef said he believed very little had changed in regards to his popularity nationally.

He claimed therefore that even considering the superior funding available to the Nasheed-led Maldivian Democratic Party (MDP) and the Gayoom-founded PPM, no candidate could secure more than a 25 percent vote.

PPM MP and spokesperson Ahmed Mahloof was not responding to calls at time of press.

Run-off victory

During the first round of the elections no candidate out of the six, including Nasheed and Gayoom, were able to secure the required 51 percent. President Gayoom came closest to the mark with 40.34 percent of the vote while Nasheed trailed in the second position with 24.91 percent of the popular vote, resulting in a run-off election.

However Nasheed, backed by the remaining candidates with the exception of Umar Naseer who later went on to become a strong Gayoom supporter – won the election in the second round beating Gayoom with 53.65 percent to 45.32 percent of the popular vote.

Nasheed, who resigned under controversial circumstances on February 7, 2012, made his prediction during a campaign rally on Hithadhoo in Laamu Atoll, during which he declared that the Elections Commission should not worry about the possibility of a run-off election.

“We will not need to go for a second round. Tune onto your radios, subscribe for cable TV and pay your cable bills, for this picture by the will of God, is being witnessed throughout the country. Hithadhoo island, Laamu Atoll and the whole country including its atolls, islands and the capital Male’ are calling for us, the MDP. They want our policies to be implemented,” he claimed.

“Candidate number one, Mohamed Nasheed of Galolhu ward Keneryge will win this election with 121,000 votes in the first round,” Nasheed declared.

Nasheed also repeated his call that no party should intend to join forces with his party if their motive for such an alignment involved a desire for wealth and political influence.

During a previous rally, Nasheed claimed that leaders of many political parties had learned “bitter lessons” over the inability to run a government by sharing cabinet positions among different parties over the last four years.

“A cabinet in which one minister belongs to this party and another belongs to that party, cannot run a government,” Nasheed claimed.

During the Laamu Atoll rally on Monday, Nasheed argued that the world was moving towards two major political ideologies and questioned the need for 13 political parties in the Maldives.

Referring to Aasandha – the Nasheed government’s universal health insurance scheme that was established in a public-private partnership with Allied Insurance – the former president claimed his the scheme had ensured social protection and the general well being of the people, despite several challenges and hardships faced during its implementation.

He warned that should the scheme collapse, the country would return to a tradition where ordinary people were required to beg at the knees of a handful of “elites” in the country.

Following controversial succession of power after Nasheed, current President Mohamed Waheed Hassan’s administration claimed the Aasandha scheme is no longer financially tenable due to unsustainable demand with the scheme’s current rate of expenditure threatened to reach Rf1 billion (US$64.8 million) on an approved budget of Rf720 million (US$46.6 million).

The incoming Chairman of the National Social Protection Agency (NSPA) and State Minister of Home Affairs Thoriq Ali Luthfee at the time claimed that the Aasandha scheme “cannot continue to operate without interventions to control the demand” alleging that the scheme was introduced “for political motives” without any proper planning.

Nasheed had at the time condemned the move citing and dismissed the government’s claim of lack of funds for Aasandha as “unacceptable.”

“More than Rf 150 million (US$10 million) has been spent on police promotions. Another Rf 150 million (US$10 million) has been spent giving MNDF [Maldives National Defense Force] officers two years of allowances in a lump sum. Another Rf 50 million (US$3.3 million) has been spent repairing the damage to police headquarters. It was the police officers who staged the coup who vandalised the place and threw chairs and computers from the building’s windows. When this money has been wasted, we cannot accept it when they say there is no money for Aasandha,” Nasheed said at the time.

The question of Nasheed’s ability to contest in the presidential elections still remains unanswered. The Prosecutor General has charged him under section 81 of the Penal Code with the offence of arresting an innocent person for his controversial detention of Chief Judge of Criminal Court during the last days of his presidency – if convicted, he could be barred from contesting the election.

The trial is currently suspended following an appeal by Nasheed’s legal team contesting the legitimacy of Judicial Service Commission (JSC)’s appointment of the panel of judges to preside on the hearing.

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Hoax photo of Nasheed meeting Artur Brothers circulated by State Defence Minister turns into meme

A photograph widely distributed by local media outlets depicting former President Mohamed Nasheed and his Special Envoy Ibrahim Hussain Zaki meeting the infamous Armenian ‘Artur Brothers’ has turned out to be a hoax.

The Armenian brothers – linked with drug trafficking, money laundering, raids on media outlets and other serious crimes in Kenya – were recently photographed with current Minster of Tourism Ahmed Adheeb and Defence Minister Ahmed Nazim during the Piston Motor Racing Challenge, organised by the Maldivian National Defence Force (MNDF).

The two ministers initially denied any involvement with the brothers or their apparent business interests in the Maldives, however a letter from the Tourism Ministry to immigration authorities requesting a residency visa for Margaryan and Sargsyan Artur, dated January 27 and signed by Adheeb, was subsequently leaked on social media.

Zaidul Khaleel, General Manager of the Club Faru resort which is operated by the state-owned Maldives Tourism Development Corporation (MTDC),  has also reportedly been sacked after he was found to have paid the brothers’ US$6000 bill.

Meanwhile, on Sunday a photo depicting former President Nasheed and Special Envoy and former SAARC Secretary General Ibrahim Hussain Zaki apparently meeting Artur Sargsyan was leaked on social media and widely republished by local media.

Local media outlet Channel News Maldives (CNM) reported that the photograph was originally leaked by the former Immigration Controller and current State Minister for Defence, Ilyas Hussain.

However the photograph turned out to be an edited photo taken during a formal reception for US Deputy Secretary of State James Steinberg, held at the former Presidential residence of Muleaage in January 2011, with Sargsyan Artur’s head carefully photo-shopped onto Steinberg.

According to CNM, Ilyas at the time confirmed to the media outlet that the photo of Nasheed with Artur Sargsyan was real and authentic.

Speaking to Minivan News, Ilyas Hussain stated that he no longer wished to comment on the matter.

Following the publication of the leaked photo, a member of President Waheed’s Gaumee Ithihaad Party (GIP) told Minivan News that Waheed had prepared a press conference following the release of the edited photo, but later called it off after the photo was discovered to be a hoax.

Minivan News was unable to confirm the claim as President’s Office Spokesperson Masood Imad was not responding at time of press.

The photo has since gone viral across Maldivian social media and has been widely photoshopped to depict Nasheed meeting a wide variety of celebrities and fictional characters.

The meme has blossomed to include Nasheed encountering deceased Chairman of Apple Inc, Steve Jobs, Albert Einstein, Justin Beiber, Professional Wrestler/Rapper/Actor John Cena, the Pope, popular antagonist of the Star Wars franchise Darth Vader, fictional lead character in the Sacha Baron Cohen comedy ‘Dictator’ Admiral General Haffaz Aladeen, DC Comics superhero Batman, Rowan Atkinson’s UK comedy icon Mr Bean, and ‘Big Bird’ from US children’s television show Sesame Street.

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High Court rejects former Human Rights Minister’s case contesting legitimacy of Waheed’s government

The High Court has rejected the case filed by the former Human Rights Minister Fathimath Dhiyana Saeed, requesting the court to rule that former President Mohamed Nasheed’s resignation was obtained under duress and the transfer of power on February 7, 2012 was illegitimate.

Rejecting the case, the court claimed it did not have jurisdiction to look into the matter.

Speaking to local newspaper Haveeru, the former SAARC Secretary General said that she and her legal team had been informed by the High Court that the case could not be looked into as it was beyond the court’s jurisdiction.

However, Saeed told Haveeru that she was of the view that High Court had the jurisdiction to look into the case.

She earlier stated that the constitution clearly mentions of the cases in which the Supreme Court can act as a first instance court but in other cases the High Court does have the jurisdiction to accept constitutional cases as a first instance court.

Speaking to media previously, member of Saeed’s legal team Ishraq Thaufeeg said that following legal review of the circumstances, the team had noticed several legal inconsistencies and lapses that suggested the transfer of power took place illegally.

He also said the  public still questioned the legitimacy of President Mohamed Waheed Hassan’s government, and that therefore it was important that a court of law decides on the matter.

Dhiyana Saeed, formerly a member of current President Mohamed Waheed’s cabinet and one of the earliest critics of Nasheed’s decision to detain Judge Abdulla, has also released a personal memoir explaining her interpretation of Waheed’s ascension to power. In the memoir, former SAARC Secretary General alleged that Nasheed’s political rivals had conspired to assassinate him.

Saeed alleged that the controversial transfer of presidential power on February 7 was the result of a premeditated and well-orchestrated plan, and questioned the findings of the Commonwealth-backed Commission of National Inquiry (CNI), which had declared that there was no coup and Nasheed had resigned voluntarily.

Parliament’s Executive Oversight Committee’s review of the report revealed several concerns including omission of key evidence and witness statements.

Chair of Parliament’s Executive Oversight Committee, MP Ali Waheed, claimed the August 2012 report produced by the CNI was “flawed” based on the findings of the committee.

He added that many interviewed by the committee claimed the CNI report lacked “key information they had given [the CNI panel]” while “others claimed their information was wrongly presented”.

To support its claims, the parliamentary select committee released audio recordings of all the statements given by the witnesses. These included former police and military chiefs and officers, who claimed that Nasheed had no option but to resign.

Leaked statements to the CNI given by key witnesses of the events, including senior police and military officials, also suggested that the transfer of power took place illegitimately.

In the transcript of the statement given to CNI by MNDF Staff Sergeant Shafraz Naeem – the commander of the riot squad of the Bandara Koshi (BK) Battalion on the day – said that he also believed that Nasheed was ousted in a coup.

“In my view this was a coup. Why? I could see it from the way they handled everything, their attitude, how cool and calm all the officers were. I could tell from how cool General Shiyam was inside the MNDF. They did nothing. This is not how a uniformed officer should behave,” he told the CNI.

Meanwhile former President Nasheed told the CNI that he was forced to resign, as he believed his life was at stake on February 7 if he did not.

“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,” he said.

On September 2012, following the release of the report, a legal analysis of the CNI’s report by a team of high-profile Sri Lankan legal professionals – including the country’s former Attorney General concluded that the report was “selective”, “flawed”, and “exceeded its mandate”.

“The report offends the fundamental tenets of natural justice, transparency and good governance, including the right to see adverse material, which undermines the salutary tenets of the Rule of Law,” observed the report.

The Sri Lankan legal team also contended that “there is evidence to demonstrate that there was in fact adequate evidence to suggest that duress (or even ‘coercion’ and/ or illegal coercion as used by CNI) is attributable to the resignation of President Nasheed.”

Saeed was not responding to calls at time of press.

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President Waheed ratifies controversial bills as AG vows to challenge in court

President Mohamed Waheed has ratified the two controversial bills – the Parliament’s Privileges Bill and Political Parties Bill – despite previous claims that the two bills had several lapses and “unconstitutional” elements.

Following the President’s initial vetoing of the two bills, parliament last Tuesday by a house majority overruled the presidential veto and forced the bill into law, giving the president no option but to ratify the bills – one of which would see the dissolution of his own political party.

The bill took a week before it was ratified, with parliamentary group leaders of all major political parties condemning the government for “delaying the ratification of the bill”.

The leaders claimed that Waheed – whose party Gaumee Iththihaadh Party (GIP) is among the first few parties that would be dissolved under the Political Parties Act if it became law – had a personal interest in delaying the bills.

During a ceremony held in President’s office, President Mohamed Waheed after ratifying the bill stated that he did not believe the bill was delayed in ratifying.

According to the President, the bill had been delayed due to certain punctuation errors that needed to be rectified by the parliament before it was ratified.

He stated that the government received the bill on last Thursday but had sent it back as it contained “major punctuation errors”. This, Waheed said, was the cause of delay as the government had only received a ‘punctuation-error free’ version of the bill on Monday.

“I got the corrected bill yesterday after I had sent it to the parliament on Monday. I have to go through the changes before I sign it. Therefore, I do not believe that [the bills] have been delayed to the extent where some parties should go on strike,” he said.

“It is not that we are facing a huge crisis or a world ending. Neither are we facing a medical pandemic here. So I don’t see a reason for me to rush things,” he added.

Waheed contended that the passage of the bill did not concern a financial crisis or the destruction of a person, and argued that he was not purposely delaying the passage of the bills.

Responding to the concerns raised by political party leaders regarding the bill, President Waheed said he respected the parliament, unlike other political leaders, and claimed that on March 4 (Parliament Opening Day) people would know “who did not respect who”.

“I have been working to uphold the law and the constitution from day one. To uphold the rule of law. So what PPM MP Abdulla Yameen said was said very irresponsible,” he said referring specifically to the PPM’s presidential hopeful and half brother of former President Maumoon Abdul Gayoom.

Waheed added that he was advised by Attorney General Azima Shukoor to ratify the bills despite the legal and constitutional inconsistencies.

In the meantime, Shukoor said that the government had withdrawn its previous case challenging the political parties’ bill, but stated that she would file the case again as soon as the bills are signed into law.

“We will seek a temporary stay order against the Elections Commission to withhold the immediate dissolution of political parties that failed to attain the required numbers in terms of membership,” she said.

Deputy Solicitor General Ahmed Usham earlier told local media that ratification of the Political Parties Bill meant political parties that do not have the required number of members would be dissolved without any transitional period.

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

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

Shukoor was on Tuesday quoted in the local media saying that the government had withdrawn a case it had filed challenging the Parliament’s Privileges Bill as well.

However, she did not give any detail as to what clauses in the bill did the government intend to challenge.

The Attorney General said that she had received concerns from Maldives Police Service regarding the privileges bill and would once again challenge the bill as soon as it is signed into law, and this time “include the concerns raised by police”.

Commissioner of Police Abdulla Riyaz in an interview given to local media earlier expressed concern over the Parliament’s Privileges bill, claiming the MPs are now “technically immune from the law”

Commissioner Riyaz claimed that the act gives enormous privileges to parliamentarians – privileges that are not even given to former presidents, which he said was “very concerning” and meant there would be no equality before the law.

“The [act] says that no person should indulge in an act that obstructs the work of the parliament. I really don’t comprehend what it is trying to say. I don’t think anybody would know beforehand what the parliament may decide to do. I don’t believe that is possible,” he said

Earlier a joint press statement issued by parliamentary group leaders of all major political parties called on the president to respect the constitution and ratify the two bills without any further delay.

Parliamentary group leaders including Progressive Party of Maldives (PPM)’s MP Abdulla Yameen Abdul Gayoom, opposition Maldivian Democratic Party (MDP)’s MP Ibrahim Mohamed Solih, Jumhoree Party (JP) Leader Gasim Ibrahim and Dhivehi Rayyithunge Party (DRP) leader Ahmed Thasmeen Ali had all expressed concern over the delaying of the ratification of the bill.

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