EC dismissals: Commonwealth, UK, EU, and India join international chorus of concern

The Commonwealth, UK, EU, and India have joined a growing international chorus expressing concern with the Supreme Court’s removal of the Elections Commission (EC) chair and deputy chair over charges of contempt of court.

“Such action by the court less than two weeks before the [parliamentary] election could be viewed as potentially affecting the electoral process adversely,” read a statement released yesterday by the Commonwealth secretariat.

The UK described the move as an “unprecedented expansion of judicial powers”, while India urged respect for the constitution. EU High Representative Catherine Ashton called the ruling a “serious setback in the democratic transition of the country.”

A statement from the President’s Office meanwhile called upon international partners to respect the Maldives’ constitution, echoing a statement released by the Chief Justice Ahmed Faiz on Tuesday (March 11).

The Supreme Court ruling on Sunday left the EC without the three members required for a legal quorum to hold meetings and finalise decisions ahead of the polls scheduled for March 22.

Commonwealth Secretary-General Kamalesh Sharma noted the parliament’s approval of a new member to the EC yesterday, which ensures that the quorum is restored.

“We hope that a credible and inclusive parliamentary election can be held in accordance with the constitution, and that Maldivians will be able to cast their votes with confidence and with the will of the people being respected,”  the secretary-general said.

The secretary-general stressed that separation of powers was “a fundamental political value” of the Commonwealth.

“For a democracy to function effectively, it is critical that institutions operate within their own constitutional mandate and do not encroach either on the ability of other independent institutions to execute their own remits or on the constitutional authority of other branches of government,” he stated.

“Actions that undermine the independence of an elections commission have a negative effect on democracy as a whole.”

The secretary-general noted that the Commonwealth Observer Group to the Maldives for last year’s presidential polls had recommended that “there should be better recognition of the mandate and statutory and constitutional independence of the Elections Commission.”

The Commonwealth statement also noted that the Supreme Court “assumed new powers enabling it to initiate cases”.

The Supreme Court summoned EC members on February 27 and began a surprise trial on charges of contempt of court under new ‘sumoto’ regulations that allow the apex court to initiate proceedings and act as both prosecution and judge.

Yesterday’s flurry of statements followed condemnation of the Supreme Court decision by the United States, Canada and the United Nations earlier this week.

In response, the President’s Office has contended that “negative external reaction to judicial decisions” undermined the constitution and hindered efforts for consolidation of democracy.

“Unprecedented expansion of judicial powers”

The UK’s Foreign and Commonwealth Office Minister Hugo Swire expressed “deep disappointment” with the Supreme Court’s dismissal and sentencing of the EC chair.

“The charges laid and the procedures adopted represent an unprecedented expansion of judicial powers,” the Foreign Office statement read.

The Supreme Court’s contentious ruling “appears to undermine the hard won independence of the Election Commission. This is extremely worrying so close to parliamentary elections,” the statement read.

Noting the appointment of a new member to the EC, the minister urged the government to ensure that the “the Election Commission’s independence is swiftly restored and to ensure that inclusive, free and fair Parliamentary elections are held within constitutional deadlines and in line with international standards.”

“This is essential for the consolidation of democracy in the Maldives and for the country to uphold its international reputation after the difficult events of the last two years.”

The EU’s statement commended the work of the EC, noted the key role of an independent elections body in a democracy, and drew attention to its team of monitors currently in the Maldives for this month’s poll.

The Indian Ministry of External Affairs meanwhile issued a press release welcoming the “commitment expressed by the government of Maldives to holding the parliamentary elections as scheduled”.

“India has consistently supported the strengthening of democratic processes and institutions in the Maldives. In this context, the Government of India has noted with concern the removal of the Chairperson and the Deputy Chairperson of the Elections Commission of Maldives from their positions and deferred prison sentence of the Chairperson,” the press release stated.

As “a close friend and neighbour of the Maldives”, the Indian government urged state institutions and political parties to respect the constitution and rule of law.

The statement also expressed hope that the EC’s independence will be ensured and that “the forthcoming parliamentary elections are held in a free, fair and credible manner, fulfilling the democratic aspirations of the people of Maldives.”

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EC dismissals: Government calls on international partners to respect Maldivian constitution

The government has called on international partners to respect the Maldivian constitution and democratic processes following condemnation of the Supreme Court’s controversial removal of the Elections Commission (EC) chair and deputy chair.

The appeal was made in a statement released by the President’s Office last night welcoming parliament’s approval of a new EC member, which “enables the EC to function with the legally required quorum and hold the general elections scheduled for 22 March 2014.”

“Negative external reaction to judicial decisions of the Maldives challenges the domestic institutions and national processes, thereby undermining the constitution of the Maldives and hindering the ongoing process of democracy consolidation,” the statement read.

It added that strengthening of state institutions was “an ongoing process,” and noted that “high-profile” cases remained stalled at court.

“The government is always ready to work with interested external actors through a process of dialogue and cooperation based on mutual respect in working towards consolidating democracy in the Maldives.”

Since the adoption of the 2008 constitution that established a presidential system with separation of powers, the Maldives has “experienced a vibrant democratic process that has enabled the nascent system to flourish,” the President’s Office said.

The statement comes as the UK, India, and the Commonwealth joined the US, Canada, and the UN in expressing concern with the Supreme Court’s dismissal of the elections commissioners.

The President’s Office statement also echoed calls by Foreign Minister Dunya Maumoon earlier this month urging international partners not to “undermine our judicial system.”

The President’s Office also suggested that its submission to parliament of candidates to fill the vacancies in the commission demonstrated “the government’s unshakable commitment to the independence of the EC”.

“The government of Maldives is fully committed to ensuring the constitutionally guaranteed independence, professionalism, and integrity of the Elections Commission,” the statement read.

The President’s Office argued that parliament’s decision to approve Ismail Habeeb Abdul Raheem to the EC was “consistent with the Supreme Court verdict” dismissing the EC chair and deputy chair.

“In compliance with the verdict, the government proposed to the Majlis for consideration and to vote on the names of candidates to fill the remaining two vacant positions at the Elections Commission,” it added.

Despite parliament’s approval of Ismail Habeeb Abdul Raheem yesterday to replace former EC member Ibrahim ‘Ogaru’ Waheed – who resigned in October citing poor health – the opposition-majority independent institutions committee has declared that EC Chair Fuwad Thowfeek and Deputy Chair Ahmed Fayaz remained EC members

The move followed a letter sent to President Abdulla Yameen, Chief Justice Ahmed Faiz, and Attorney General Mohamed Anil by Speaker of Parliament Abdulla Shahid contending that the dismissals were unconstitutional.

The letter – based on legal advice provided by parliament’s Counsel General Fathmath Filza – stated that the pair were removed in violation of procedures specified in both the constitution and the Elections Commission Act for the appointment and dismissal of EC members.

Article 177 of the constitution states that an EC member could be removed from office if a parliamentary committee established “misconduct, incapacity or incompetence” and  “upon the approval of such finding by the People’s Majlis by a majority of those present and voting.”

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AG withdraws from non-cooperation case against Raajje TV

The appeal case concerning the President’s Office’s refusal to cooperate with private broadcaster Raajje TV has been withdrawn by the Attorney General’s (AG) Office.

The office is quoted as saying in local media that the case was withdrawn because it was not the policy of the government to work against any media outlet.

An official from the AG’s office was quoted in online newspaper CNM as saying that the government’s policy was to provide equal opportunity to all media outlets.

On April 14, 2013, the Civil Court ruled in favour of the Maldivian Democratic Party-aligned Raajje TV after the President’s Office had barred the station from the then-President Dr Mohamed Waheed’s press conferences and functions.

The office told parliament’s government oversight committee that Raajje TV was not invited to press conferences as the station did not fit the criteria or standards of reporting set out by the President’s Office.

The policy of the President’s Office was to invite “responsible and experienced” media outlets, which included private broadcasters DhiTV and VTV, state broadcaster Television Maldives (TVM), newspapers Haveeru and Miadhu, as well as internet publications Sun Online and Minivan News.

The Civil Court ruling was subsequently appealed at the High Court by the attorney general.

At the time, the Maldives Media Council also asked the prosecutor general to press charges against the President’s Office over what it found to be discriminatory treatment.

Raajje TV’s dispute with the President’s Office followed a similar disagreement with the Maldives Police Service (MPS) in 2012, during which police announced that they had stopped cooperating with the local broadcaster, alleging the station was broadcasting false and slanderous content which had undermined the services credibility of the MPS.

On February 5, 2013, the Civil Court ruled that a decision by the police to cease cooperating with opposition-aligned TV station Raajje TV was unconstitutional.

Raajje TV’s main studios were destroyed last October in a premeditated arson attack carried out by a group of masked men. After the police’s role in the incident was criticised by Reporters Without Borders, the Police Integrity Commission recommended charges be filed against two unnamed officers.

The station has also been the subject of a Supreme Court-ordered investigation into its alleged criticism of the court’s rulings. In December, police requested the Prosecutor General press charges against both the News Head of Raajje Television Ibrahim ‘Aswad’ Waheed and the Deputy Chief Executive Officer of the Station Abdulla Yameen Rasheed.

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President Yameen to make official visit to Sri Lanka in late January

President’s Office has announced on Sunday that President Abdulla Yameen will be making an official state visit to Sri Lanka from January 21 to 23 with First Lady Fathimath Ibrahim on invitation of Sri Lankan President Mahinda Rajapaksa.

According to the statement, the president will focus on holding deliberation with his Sri Lankan counterpart on the further strengthening bilateral ties between the two countries.

In addition to talks between the two countries, Yameen will also meet with Maldivians living in Sri Lanka during the trip.

A business forum will also be organised in alignment with Yameen’s visit by the Sri Lankan-Maldivian Business Council to discuss ways to enhance business and investment ties between the two countries.

In addition to cabinet members and state officials Minister of Foreign Affairs Dunya Maumoon, Ministers at the President’s Office Mohamed Hussain Shareef and Abdulla Ameen, Foreign Secretary Ali Naseer Mohamed, and Commissioner of Police Hussain Waheed will travel.

Members of the government coalition and ruling party Progressive Party of Maldives (PPM) will also be in the high level delegation which is to join Yameen on the state visit. This will  include coalition partner Jumhooree Party leader and Chairman of Villa Enterprises Gasim Ibrahim, coalition partner Maldives Development Alliance leader and Chairman of Sun Travels Ahmed Siyam, Vice President of PPM MP Abdul Raheem Abdulla, PPM Parliamentary Group (PG) Deputy Leader MP Moosa Zameer and Chief Whip of PPM PG MP Ali Arif.

According to Indian media, the invitation letter to visit Sri Lanka was delivered to Yameen during a courtesy call by the Sri Lankan High Commissioner Dickson Sarathchandra in December.

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Cabinet approval scheduled for December 29

Parliamentary approval for President Abdulla Yameen Abdul Gayoom’s 15 ministers will be scheduled for December 29, People’s Majlis Speaker Abdulla Shahid has said.

Shahid appealed to the Majlis’ Government Oversight committee to conclude its report on the proposed cabinet by December 23 in order for the December 29 vote to proceed.

Chair of the Government Oversight Committee MP Ali Waheed said the committee has started the vetting process for ministers and will commence debate on the proposed cabinet on December 15.

Yameen’s 15 member cabinet includes seven incumbents. They are Finance Minister Abdulla Jihad, Minister of Health and Gender Dr Mariyam Shakeela, Minister of Defense and National Security Colonel (Rtd) Mohamed Nazim, Minister of Transport and Communication Ameen Ibrahim, Minister of Tourism Ahmed Adheeb, Minister of Housing and Infrastructure Dr Mohamed Muizzu, and Minister of Islamic Affairs Dr Mohamed Shaheem Ali Saeed.

The opposition Maldivian Democratic Party had tabled a no confidence motion against Defense Minister Nazim in the last days of Dr Mohamed Waheed’s presidency.

The new appointments are Umar Naseer as Minister of Home Affairs, Dr Aishath Shiham as Minister of Education, Dunya Maumoon as Minister of Foreign Affairs, Dr Mohamed Shainee as Minister of Fisheries and Agriculture, Mohamed Saeed as Minister of Economic Development, Mohamed Maleeh Jamal as Minister of Youth and Sports and Thoriq Ibrahim as Minister of Environment and Energy.

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Waheed takes MVR 525,000 for presidential trip, days before election

The Ministry of Finance has approved a budget of MVR 525,000 (US$34,047) for President Dr Mohamed Waheed’s trip abroad two days before the run-off election.

Waheed has previously described this as a personal trip to Singapore to attend to First Lady Ilham Hussain’s medical matters.

Waheed, who on Sunday an hour before his presidency expired declared that he would remain in office until run-off polls take place on November 16, is scheduled to leave tonight night – just over a day before the polls.

Waheed’s decision – based on a Supreme Court verdict signed by the four judges who had annulled the initial September 7 presidential election – contradicts a parliamentary motion to appoint the speaker of parliament as an interim president, citing Article 124 of the constitution.

While the President’s Office stated that Waheed and his cabinet of ministers will be serving for the additional six days without remuneration, the budget for the trip is over five times the monthly salary for the head of state.

“I do not think there is much I can do from here, things that I cannot do over the phone,” Waheed was quoted as saying in local media.

Local media further reported that the President’s Office had initially requested for a budget of MVR 1.3 million (US$84,306) for the trip, but the finance ministry did not approve the full amount citing procedural matters.

Finance Minister Abdulla Jihad confirmed the figures to Minivan News, stating that the funds have now been released.

“What we at the ministry follow is the Supreme Court’s orders. Since they have stated that the president can remain in government until a new president is elected, we are entitled to release these funds for President Waheed’s trip,” Jihad explained.

Jihad also said that the over half a million rufiyaa has been released for an official presidential trip to Hong Kong and Malaysia scheduled for November 14 -15.

Waheed however has informed local media that he is leaving on the night of 14th on a “personal trip regarding medical treatment” of First Lady Ilham Hussain.

He declined from stating even a tentative time of return, saying instead that he “will need to consider the situation back in the Maldives first”.

President Waheed further stated that he does not have a direct role in the swearing in of a newly elected president, and therefore did not believe that his absence would cause any difficulties.

“No legitimate government, do not carry out transactions”: Finance Ministry

Finance Ministry Permanent Secretary Ismail Ali Manik also confirmed to Minivan News that the funds have been released for President’s Waheed trip, adding that further details can be provided by Financial Controller Ahmed Manik.

Earlier in the week, the ministry circulated an internal memo instructing all staff members to refuse to run any financial transaction of state funds without the explicit permission of the financial controller.

The memo – signed by Permanent Secretary Manik – stated that the Waheed administration had constitutionally come to an end on November 10, and therefore to refrain from carrying out any financial transactions of the state within the date of the memo and the establishment of a new government.

A senior official of the Finance Ministry – on condition of anonymity – stated that the memo was released with the purpose of protecting civil servants in the ministry.

“The political appointees will leave at some point, but the civil servants will stay on. It is the civil servants who will then in the end be held responsible for whatever transactions that may have taken place in this time of uncertainty,” he stated.

“It is the minister’s personal view that he should be following the Supreme Court verdict. The permanent secretary has – as is evident by the memo – declared that there is at the moment no head of the ministry and therefore asked all staff to go to the financial controller for approval of all transactions,” he said.

Financial Controller Ahmed Manik was not responding to calls at the time of press.

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Presidents use Victory Day to warn against modern-day traitors

Presidents past and present have extended greetings to the people of the Maldives in celebration of Victory Day – the occasion commemorating the failed 1988 coup.

The attempt to overthrow the government of President Maumoon Abdul Gayoom by Maldivian dissidents and Tamil mercenaries was repelled by a combination of the Maldives National Defense Force and Indian troops.

President Dr Mohamed Waheed paid tribute to the those who fought to defend the nation on that day, taking advantage of the occasion to stress the importance of national unity and the danger of foreign interference.

“Similarly, this is the time for us to find solutions to issues faced by us. We must resolve our issues ourselves. We must not let any foreign party to interfere and have their say in our affairs.”

“We must always remember that giving that opportunity to foreigners could negatively affect our independence and sovereignty, and we may have to face further harms,” said a President’s Office statement.

Meanwhile, local media quoted former President Gayoom as using the occasion to warn against the danger of traitors still present within the country, calling on Maldivians to be be wary of similar schemes threatening the nation today.

Police Commisioner Abdulla Riyaz yesterday revealed that documents concerning the coup could be declassified from today – 25 years after the incident – though he said a  decision was yet to be made on the way in which they would be made public.

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Attack on Indian High Commissioner’s car branded “cowardly” by President’s Office

An attack on the official vehicle of the Indian High Commissioner to the Maldives has been described as “cowardly” by the President’s Office.

The rear window of High Commissioner Rajeeve Shahare’s car was smashed yesterday evening whilst parked outside of the High Commission in Male’.

A statement released by the Indian High Commission describes the attack, whilst noting that a police officer was observed by High Commission security staff as witnessing the attack but failing to react.

“The Indian High Commission security guards observed on the close circuit TV that the culprit purposefully approached the Indian flag car, pelted two metallic objects at the car one of which smashed the rear windshield, and ran away thereafter,” said the statement.

“It is evident that there was malicious intention to cause damage to the property and perhaps to the occupant of the car. Importantly, the High
Commissioner was in the car just a few minutes before the attack,” it continued.

The attacked was reported to police at around 6:45pm yesterday.

The President’s Office today assured that such attacks against foreign diplomatic personnel and property would not be tolerated.

“The close and friendly relation that exists between the Maldives and India is based on mutual respect, understanding and reinforced by a shared vision of a better future for our people,” it continued.

“The government and the people of the Maldives deeply appreciate the immense contributions made by India towards the development of Maldives and consider India our closest ally. The Maldives’ government is confident that the close relations that exist between our two countries will continue to strengthen.”

The incident had also received widespread condemnation from both sides of the political divide in the Maldives, with both former Presidents Maumoon Abdul Gayoom and Mohamed Nasheed taking to social media.

Police have called for public assistance in tracking down the perpetrators.

“Any person who steps forward to provide any information will be given all due protection to ensure their safety,” read a police statement.

The Maldives’ traditionally close ties with India have come under increasing strain under the current government, with the cancellation of the deal to develop Ibrahim Nasir International Airport  in December 2012 the most contentious issue.

The 25 year, US$500million, lease signed with Indian infrastructure company GMR was terminated after a long and at times xenophobic campaign from government aligned parties.

The campaign sparked a diplomatic row after President’s Office spokesman Abbas Adil Riza accused Indian High Commissioner D.M. Mulay of being a “traitor and enemy of the Maldives and the Maldivian people”.

The President’s Office quickly distanced itself from these remarks. Both men have since left their posts.

GMR is currently seeking US$1.4billion in compensation in a Singaporean court of arbitration – a figure greater than the Maldives’ annual state budget.

On February 15 this year, the Indian government revoked a special quota afforded to the Maldives for the import of aggregate and river sand, resulting in a weakening of the construction sector in 2013.

The Indian High Commission itself became the scene of political drama as former President Nasheed temporarily sought refuge inside the diplomatic mission after police attempted to arrest him to ensure his appearance in court.

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Jaufar Easa Adam appointed President’s Office advisor

President Dr Mohamed Waheed has appointed Jaufar Easa Adam as an advisor for the President’s Office.

The appointment is a non-salaried role, according to the President’s Office website.

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