Tag: UN

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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EU concern over Supreme Court’s action against Elections Commission

Read this article in Dhivehi

The EU has expressed “concern” over the Supreme Court’s decision to prosecute the Elections Commission for contempt of court

“The EU Delegation notes with concern the current action of the Supreme Court on its own initiative to bring before it members of the Elections Commission who have expressed concern over its judgments,” read a press release from the EU delegation based in Sri Lanka.

The court’s decision to bring the charges of contempt of court refer to criticism of the decision to annul last September’s presidential election first round.

The EC has also been accused of disobeying a Supreme Court order by dissolving eight political parties earlier this month.

September’s annulled vote had been universally praised as free and fair, while the evidence used to cancel the result has been criticised by the UN as well as EC President Fuwad Thowfeek.

“The EU Delegation recalls the importance of legal proceedings being fair and transparent in accordance with international standards, and call on the Government of the Maldives to ensure the independence of the Elections Commission in the run up to and during the Majlis Elections so that they can proceed as scheduled on 22 March 2014. “

In addition to utilising new ‘Sumoto’ (or ‘Suo motu’) regulations that allow the apex court to initiate hearings and act as both plaintiff and judge in a trial, the Supreme Court’s contempt charges are based on privileged testimony given to the People’s Majlis by EC members.

Article 90 of the constitution says no person will be subject to any inquiry, arrest, detention, or prosecution with respect to anything said in the People’s Majlis or any of its committees if such a statement is not contrary to tenet of Islam.

However, claiming the establishment of justice to be a tenet of Islam, Supreme Court Judge Ahmed Abdulla Didi has said the EC’s testimony at the independent commissions oversight committee obstructed justice and could therefore be used in court.

EC President Thowfeek has denied the charges against the commission, noting that “testimony provided at the People’s Majlis committee was not given to hold the court in contempt, but to be held accountable to the EC’s actions.”

The Supreme Court has said that no party has the authority to question or criticise its decisions as per Article 145 (c) of the constitution which states that the Supreme Court shall be the final authority on the interpretation of the constitution, the law, or any other matter dealt with by a court of law.

In today’s statement, the EU has expressed concern that the current proceedings “risk undermining the vital independence of the Elections Commission, respect for the separation of powers and free expression in the Maldives.”

The issue of separation of powers has been a regular theme this week as politicians continued to campaign for the March 22 poll, with leaders from both the Maldivian Democratic Party (MDP) and the Progressive Party of Maldives claiming that their parties can best ensure the three branches of government are kept apart.

Most recently, while campaigning in Malé for the governing coalition on Sunday (February 23), former President Dr Mohamed Waheed suggested that “we have separated the power so much that the country is suffering”.

“This country can’t go forward if we separate the powers any more,” said Waeheed.

Former President Mohamed Nasheed yesterday told representatives of the UN that he did not expect his MDP to take part in the elections should the EC members be arrested and replaced.

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PPM fought whole world to win the election: ‘Sun Travel’ Shiyam

Resort owner and government-aligned politician Ahmed ‘Sun Travel’ Shiyam has said that the Progressive Party of Maldives (PPM) won the presidential election by fighting the entire international community.

“We had to fight with the whole world to win the presidential election. The EU, made up of 30 countries, the Commonwealth, our neighbouring countries, and several organisations were against us,” Shiyam was quoted as saying by Sun Online – party of the MP’s Sun Media Group.

Shiyam’s Maldivian Development Alliance formed an alliance with the PPM going into the repeatedly-delayed presidential polls, supporting the eventual winner Yameen Abdul Gayoom.

“Even the UN was working 24 hours to make sure that we lose the election,” Shiyam was quoted as telling a rally in Male’ yesterday evening.

The annulment of the first round of the presidential election – held on September 7 – was followed by further delays to the rescheduled poll, bringing strong criticism from international actors, whose observer missions had found no problems with the initial vote.

After conducting its own review of the a secret police intelligence report purported to demonstrate voting irregularities, the UN argued that there was no disenfranchisement and that the voter register had met with international standards.

Newly elected President Yameen, meanwhile, struck a more conciliatory tone yesterday, assuring the Indian Prime Minister of his administration’s desire for enhanced bilateral ties.

Writing to Manmohan Singh, the President’s Office website reported Yameen as emphasising that “diverse Indo-Maldives people-to-people contact offers avenues for further cooperation”.

Yameen also urged Singh to pay an official visit to the Maldives as soon as it was mutually convenient to do so.

The Maldives’ traditionally close ties with India came under increasing strain under the previous government – of which the PPM was a prominent partner. The cancellation of a deal to develop Ibrahim Nasir International Airport  in December 2012 was a particularly  contentious issue.

During a visit to India in June, former President and PPM leader Maumoon Abdul Gayoom told the Indian PM of his disappointment that the Maldives’ relationship with India had been impacted upon by the then-government’s decision to evict GMR from the country with seven days notice.

“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.

The cancellation of the project is currently being investigated in a Singapore court of arbitration, with the Indian infrastructure company seeking US$1.4 billion in compensation – more than the Maldives’ annual budget.

The government’s sudden eviction of the Indian investor was quickly followed by a list of 11 grievances handed to all senior Maldivian reporters by the Indian High Commission in January this year.

The list included concerns such as discrimination against Indian expatriates and the confiscation of passports by Maldivian employers.

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International community welcomes end of democratic uncertainty, notes high voter turnout

The international community has welcomed the conclusion of the Maldivian electoral process, after two months and six attempts at polls that suffered delays, annulments and obstruction.

Progressive Party of the Maldives (PPM) candidate Abdulla Yameen was sworn in as President yesterday, after a last-minute coalition with resort tycoon Gasim Ibrahim netted him 51.39 percent in Saturday’s run-off vote against former President Mohamed Nasheed.

The Commonwealth Ministerial Action Group (CMAG) recalled its earlier decision to place the Maldives on its agenda due to concerns about democratic progress in the country.

“Ministers welcomed the successful conclusion of the presidential election and noted the interim statement of the Commonwealth Observer Group, which stated that the election had been “credible and peaceful”. They congratulated the people of Maldives for showing their firm commitment to democracy, and for exercising their franchise in record numbers,” read a statement.

UN Secretary-General Ban Ki-moon also observed in a statement that people in the Maldives “turned out to vote in impressive numbers, showing their determination to choose their next president, despite the many obstacles and delays.”

“The close contest highlights the need for the new administration to engage the opposition in a constructive manner and to lead the country in the interest of all Maldivians,” the UN statement read.

“The Secretary-General strongly urges all political leaders, state institutions and the Maldivian people to work urgently toward genuine reconciliation and to advance the country’s democratic process through long-term institutional reforms, in particular strengthening the judiciary and accountability mechanisms, and promoting a national dialogue.”

The UK’s State Minister for the Foreign and Commonwealth Office, Hugo Swire, said he “congratulates the people of the Maldives for showing their commitment to democracy, as evidenced by the very high turnout in the presidential election.”

“I urge the new government and the opposition to work together constructively in the interests of all Maldivians and to avoid any acts of recrimination or retribution,” said Swire, who is currently visiting the Maldives,

“It is important that the forthcoming local and parliamentary elections go ahead in line with work of the Elections Commission and are not subject to the delay and legal interventions that marred the presidential elections. The UK looks forward to working with the new government,” he added.

The US Embassy in Colombo congratulated Yameen on his election as president, noting that “extraordinarily high turnout on November 16 was a tribute to the Maldivian people’s commitment to the democratic process and democratic values. The United States Government reiterates its friendship with the Maldivian people as they work to build a peaceful and prosperous future.”

Canadian Foreign Minister John Baird declared: “After a turbulent period in the Maldives’ young democracy, a new government has finally been elected. Canada congratulates the people of the Maldives for once again exercising their fundamental democratic right to vote in a peaceful manner, under the capable stewardship of the Elections Commission.”

“Confidence in the democratic process has been seriously undermined since the events of last year, particularly by the Supreme Court’s repeated delays to this election,” Baird noted.

“After such a close result, it is now incumbent upon President Abdulla Yameen to begin the process of reconciliation and govern for the whole country. Former President Mohamed Nasheed, the nation’s first democratically elected President, has shown magnanimity in defeat, and hopes for the future will be raised if all parties come together to establish positive working relations,” he stated.

“Democracy is not just about the counting of ballot papers – it is about principled voting, a strong civil society, a trusted judiciary, free media, effective opposition and responsible governance. It is a journey, not a destination. Canada and the international community will remain watchful for progress in this journey.”

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“Potential for trouble”: UN Security Council briefed on Maldives

The UN Security Council has been briefed on the situation in the Maldives, following the suspension of the run-off elections, ongoing protests and the submission of a “letter of concern” signed by senior military officers to their leadership.

UN Assistant Secretary-General for Political Affairs Oscar Fernandez-Taranco briefed the Security Council on Wednesday.

Citing a diplomatic source present at the briefing, AFP reported the senior UN official as warning the 15-nation council that recent democratic gains were “under threat” and that there was “potential for trouble”.

“We continue to follow the situation in the Maldives with concern in light of the mounting tension following the postponement of the second round of its presidential election,” said the UN Secretary General’s spokesperson Martin Nesirky, at a press briefing on Friday.

The UN Security Council Briefing came a day after Acting Foreign Minister Dr Mariyam Shakeela addressed the UN General Assembly, and blamed “external forces” for “concerted efforts to prevent the emergence of an indigenous democratic system of governance in the Maldives [by] attempting to shape the outcome of, what is, an internal issue”.

“Democracy consolidation is not just about holding elections. Nor is it about having a democratically sound Constitution. In the Maldives too, we quickly found that changing the Constitution, or having a multi-party election, did not instill democratic values within our society,” Dr Shakeela told the UN.

Instability

The Supreme Court indefinitely postponed the second round of the run-off elections, initially scheduled for September 28, after third-placed candidate Gasim Ibrahim alleged electoral irregularities and declared “God Willing, Gasim will be President on November 11″.

The injunction was issued despite unanimous positive assessments of the polling by local and international election observers. The EC meanwhile contested the credibility of the evidence submitted to the court, observing that even if factual it was insufficient to impact the results of the first round. The subsequent delay of the second round was met with global concern.

Gasim was nonetheless joined in the case by second-placed Abdulla Yameen, and Attorney General Azima Shukoor, his former lawyer.

A second Supreme Court ruling issued at midnight prior to the vote ordered police and military to enforce the suspension, leading to police surrounding the Elections Commission (EC) and issuing an ultimatum. The EC relented, stating that it would be unable to hold the election without police and state cooperation, and noting that its staff had received threats of death and arson.

Now, two weeks after the suspension of the election, the hearing for the Supreme Court’s verdict has yet to be scheduled.

Protests resulting from the suspension of the election have led to other countries including the UK, China, Canada and Australia to upgrade their travel advisories to the luxury tourism destination, while port workers, customs officials, air traffic controllers and ground handling staff have staged strikes.

Senior officers of the Maldives National Defence Force (MNDF) last week sent a “letter of concern” to Chief of Defence Force Major General Ahmed Shiyam, “over the Supreme Court’s order to delay elections, the failure of state institutions, and the possible politicisation of the military, and asking that unconstitutional orders not be issued,” according to one signatory.

The letter prompted a rapid reshuffling of the organisation, dismissals, suspensions, resignations, warnings to media and amendments to its regulations to to impose punishments on officers found guilty of inciting ‘upheaval and chaos’.

Former Brigadier General Ibrahim Didi, Male’ Area Commander at the time of the controversial 7 February 2012 transfer of power, meanwhile wrote a letter urging officers to “not give the opportunity to anyone who plans to rule this country by taking the laws to their own hands and override the constitution and undermine the constitutional framework of this country.”

“After November 11, 2013, regardless of who gives the orders and regardless of the situation, I sincerely urge the military to not let anyone take over the country in contrast with the provisions in the constitution, as this would have dire consequences,” he wrote.

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Political bias limiting right to information: panel

The biased editorial practices of media outlets owned by politicians is one of the major impediments preventing the right to information from being upheld in the Maldives, journalists and civil society actors highlighted during discussion panels organised by the US Embassy this week.

Maldivian journalists and NGO leaders met with representatives from the US Embassy, the UN, as well as a US attorney representing the American Society of News Editors, Kevin Goldberg, to discuss the current status and future efforts needed to protect this human right in the Maldives.

The state is the guardian of information and the public have a right to access that information, according to the forum.

This is essential for not only holding the government accountable to the public – so residents of the Maldives can understand what the government is doing for the people – but also for instilling public trust in government institutions.

Any type of information, including documents, electronic records, audio, video, etc., produced, held or maintained by a state institution should be easily accessible. Uninhibited access to events held in the public domain, such as protests, are also protected, the forum was informed.

Journalists and NGO representatives alike noted the lack of cooperation from government institutions as well as the shortcomings of media outlets in disseminating balanced information.

The media discussion panel held Monday (August 12) was nonetheless poorly attended, with three journalists from Sun Online, one Maldives Media Council (MMC) official, and one Minivan News representative participating.

While two Maldives National Broadcasting Corporation (MNBC), also known as Television Maldives (TVM), reporters were present during part of Attorney Kevin Goldberg’s opening remarks, they left prior to the group discussion taking place. No representatives from the Maldives Broadcasting Commission (MBC), Raajje TV, Villa TV (VTV), DhiTV, Haveeru News, Channel News Maldives (CNM), Miadhu News, or Minivan Radio attended the event.

Although the panel was small, discussion was lively, with everyone in attendance concerned about editorial policies that catered to the government or a specific political party, which they said had staunched the flow of information reaching the Maldivian public.

Unbalanced reporting in favor of the state during the February 2012 controversial transfer of power that followed former President Mohamed Nasheed’s resignation, as well as government authorities cutting Maldivian Democratic Party (MDP) aligned-Raajje TV’s feed, were highlighted as concerns.

In addition to the need for a culture of balanced, ethical reporting, journalists highlighted the difficulty in obtaining information from various government representatives and institutions.

Goldberg noted that “information delayed is information denied”, and that procedural mechanisms should be in place to allow the public, including journalists, easy access information. The state should “proactively disclose” information of public interest, individuals “shouldn’t have to ask for it”, he said, explaining that readily available information was as much a means for public officials to protect themselves from the media as it was for the media in conducting investigative journalism.

Goldberg, as well as the Human Rights Advisor to the UN Resident Coordinator’s Office, Safir Syed, stated that MBC’s requirement that journalists be licensed to enter a protest was a human rights violation.

Goldberg emphasised that it takes time to build enough collective momentum to effectively pressure a government to uphold the right to information, and that collaboration between media outlets and civil society was essential to do so.

NGO representatives echoed the concerns noted by journalists during the discussion panel held Tuesday (August 13) and emphasised that unethical reporting and the media’s lack of cooperation with NGOs had limited civil society’s trust of local media outlets.

The inability to appeal to the judiciary to obtaining access to public information was also highlighted as a problem.

Transparency Maldives Project Director Aiman Rasheed explained to Minivan News that while Article 19 of the Maldivian Constitution guarantees the right to information, current practice was limited to the executive. He added that the right to information regime needs to be spread across all state institutions, including the judiciary, parliament, independent commissions and state companies.

Furthermore, the Maldives is a signatory to the International Convention on Civil and Political Rights (ICCPR), which also protects this human right.

“The right to information is important for citizens to make informed choices, participate in the democratic process, and hold the government accountable,” said Rasheed. “Freedom of information is a key prerequisite for democracy.”

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Palestinian refugee family to remain in Maldives while authorities assist with resettlement

Four Palestinian refugees who arrived in the Maldives on July 9 will remain on the airport island of Hulhule’ until authorities can resettle the group in another country, the Ministry of Foreign Affairs has announced.

The Palestinian nationals, who Minivan News understands had previously fled to Syria, arrived in the country earlier this month on a flight from Dubai with a “questionable” travel document supplied by Syrian authorities.

The arrival of the refugees to the Maldives has been described by former Maldives Foreign Minister Dr Ahmed Shaheed as a relatively unprecedented development for the nation, which has never previously entertained asylum seekers or refugees – mainly due to a lack of individuals seeking such a status.

“There does not appear to be an official mechanism to deal with such claims either,” Dr Shaheed explained today.

“However, those who have drifted into the Maldives by sea have been repatriated to their home countries, and it is only those whose nationality has not been identified who have remained in limbo in Maldives, sometimes under detention, as the case with some alleged Somali pirates.”

In a statement issued today, the foreign ministry said that under local laws, individuals travelling to the Maldives with false documentation were to be refused entry to the country.

However, the ministry said it had been informed by the United Nations High Commissioner for Refugees (UNHCR) on July 14 that the Palestinian family were believed to be registered as refugees. The family has also told government authorities that they are listed with the United Nations Relief and Works Agencies for Palestine Refugees (UNRWA).

The Foreign Ministry said it understood the Palestinian nationals had been living until recently in Syria, before seeking to leave the country due escalation of conflict between government and rebel forces.

“Upon receiving request from UNHCR, the ministry intervened and requested the Department of Immigration and Emigration to allow the family to remain in the Maldives, as returning the family from the same route as they came in would leave to high probability of the family being returned to war-torn Syria,” read the foreign ministry statement.

“[Returning the family to Syria] is not acceptable to the government of the Maldives.”

Citing involvement with the case “purely on a humanitarian basis”, senior officials in the government have since met with the family, who have said they had no intention of staying in the Maldives indefinitely.

According to the Foreign Ministry, the Palestinian nationals have sought relocation to Europe, where other members of their family are already believed to have settled.

“Deputy Chief of Mission of the United Nations High Commissioner for Refugees Mr Hans Friedrich Schodder and Mr Abid Mohudin, Interviewing Officer, arrived in the Maldives on July 23 2013, and have met with the family,” the ministry stated.

“UNHCR officials have already gathered information from the family on refugee status determination and has assisted in the resettlement submission.”

Government authorities are now working with the UNHCR to try and help the family resettle in Europe in collaboration with the Palestinian Embassy in Colombo also assisting.

According to the Foreign Ministry, the embassy had already provided assurances that all necessary travel documents would be provided to the family once the UNHCR has resolved the process of their resettlement.

Meanwhile, the family continue to be held at an unspecified location on the airport island, with authorities pledging to provide food, medical assistance and other necessary facilities, the Foreign Ministry has said.

Immigration Controller Dr Mohamed Ali was on leave when contacted for a comment today, forwarding request for further information to department Chief Executive Officer (CEO) Abdullah Munaaz.

Munaaz was not responding to calls at time of press.

International rules

Former Former Minister Dr Shaheed, who has served in the role under the governments of both former President Maumoon Abdul Gayoom and Mohamed Nasheed, said international rules on refugees were governed by the 1951 Refugees Convention and the 1967 Protocol to the Refugee Convention.

He added that the Maldives was not a party to such treaties. However, Dr Shaheed said that certain requirements in dealing with refugees were included in customary international law, requiring all nations to abide by them.

“The most important such customary international law principle is that of non-refoulement, whereby an asylum seeker should not be sent back to a country where he or she would face threats to his/her life or freedom,” he said.

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UN expresses concern about local groups claiming affiliation for political polling

The United Nations in the Maldives has expressed concern about “individuals and groups” reported to be visiting homes to conduct political surveys, claiming to be UN affiliated.
“The UN system in Maldives expresses concern over reports that individuals and groups purporting to be affiliated with the United Nations in Maldives have been visiting homes to canvas opinion and views on a number of issues of political significance,” the UN’s country office in the Maldives said in a statement.
“The UN system is not undertaking any surveys or opinion polls of this nature, and have not authorised any individual or group or organisation to undertake any survey of this nature in the country,” the statement added.
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Maldives at “critical juncture” of democratic transition: UN Assistant Secretary General for Political Affairs

The Maldives is at a critical juncture in its democratic transition ahead of the elections in September, UN Assistant Secretary-General for Political Affairs Oscar Fernandez-Taranco has said at the conclusion of his three day visit to the country.

Calling for widespread political backing for “free, fair and non-violent elections”, Fernandez-Taranco “stressed that while respecting the Constitution, the credibility of the electoral process and acceptability of the results depends on whether all candidates wishing to participate in the the presidential elections are able to do so.”

He also recommended immediate investigation of allegations of police brutality and acts of intimidation holding the perpetrators to account, and called for the immediate strengthening of the Maldives Police Service, Police Integrity Commission, Judiciary, Judicial Services Commission, People’s Majlis, and Human Rights Commission.

In his statement, Fernandez-Taranco specifically referred to the initial findings of UN Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Knaul, who in February this year criticised the appointment of judges presiding over the case against former President Mohamed Nasheed, for his controversial arrest of Criminal Court Chief Judge Abdulla Mohamed in 2011.

“Being totally technical, it seems to me that the set-up, the appointment of judges to the case, has been set up in an arbitrary manner outside the parameters laid out in the laws,” Knaul said at the time.

Fernandez-Taranco called on the Maldives’ national and international partners “to contribute to the reform of the justice sector and the independence of the judiciary”, and emphasised “the importance of avoiding the instrumentalisation of judicial proceedings.”

Meanwhile, according to a statement from the President’s Office, Fernandez-Taranco “applauded President Waheed for his leadership techniques in restoring peace and stability following the change of power in February 2012.”

“Mr Taranco noted the tremendous strides made by the country towards embracing and institutionalisation of multi-party democratic governance,” the President’s Office stated.

“President Dr Mohamed Waheed Hassan Manik assured the United Nations of the government’s commitment, to create a stable and transparent environment conducive to dialogue and free and fair elections and to strengthen democratic reform and institutions in the Maldives,” the statement added.

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