Tag: waheed

Attorney General Shakoor in London for CMAG meeting

Attorney General (AG) Azima Shakoor is representing the government during the latest round of Commonwelath Ministerial Action Group (CMAG) talks being held today, local media has reported.

Speaking to Haveeru, the AG said that she had travelled to the UK following an invitation to attend the event. She added that the Commonwealth’s special envoy to the Maldives, Sir Donald McKinnon would also be in attendance.

CMAG has previously called for early elections and an investigation into the transfer of power on Februray 7 and will give a press conference immediately after the meeting’s conclusion today.

Minivan News was unable to contact AG Shakoor or Special Advisor to the President Dr Hassan Saeed at the time of press.

Dr Saeed is reported as having claimed in local press that the Commonwealth would hold off from further calls for early elections until the Committee for National Inquiry (CNI) had completed its investigation.

The CNI committee, assigned to look into the events of the presidential changeover by President Dr Mohamed Waheed Hassan, is due to publish its results by the end of May.

The party of former President Mohamed Nasheed has nonetheless refused to work with the CNI, arguing it lacks impartiality.

International groups, including the Commonwealth, have strongly urged that the committee to feature an international element but progress on this front has been slow.

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President Waheed scores “first political win” with weekend’s polls, reports regional media

Regional media reports have begun to surface following the outcome of yesterday’s parliamentary by-elections in Kaashidhoo and Thimarafushi – interpreting poll results as a major victory for President Mohamed Waheed Hassan.

The Hindustan Times ran with the headline “Maldives bypolls: First political win for president”.  Meanwhile, the Pakistan-based Business Recorder described the president as having “successfully faced down his first popularity test.”

However, the Maldivian Democratic Party (MDP), which continues to question the legitimacy of Dr Waheed’s administration, has hit out at suggestions that the polls reflected widespread public support for the government.

As polling commenced yesterday, President Waheed’s own Gaumee Itihad Party (GIP) did not field any candidates for the by-elections. Instead, the president threw his support behind candidates from the former opposition Jumhoree Party (JP) and the Progressive Party of Maldives (PPM).

Official provisional results provided by the Elections Commission found that the PPM’s Ahmed Shareef won in the Thimarafushi constituency with 1756 votes (56 percent of the ballot).  MDP candidate Mohamed Musthafa came second with 1327 votes – a difference of 428.

Abdullah Jabir triumphed in the Kaashidhoo by-election with 1107 votes (54 percent of the ballot).  His MDP opponent followed him with 919 votes while PPM candidate Mohamed Waheed Ibrahim came fourth with nine votes – a single vote behind another candidate who had contested independently and came in third.

Both the PPM and JP form part of Waheed’s unity government, assembled after the resignation of former President Mohamed Nasheed.

Yesterday’s voting appeared to pass without significant incident, despite widespread concerns that violence could accompany the first parliamentary by-elections to be held since President Waheed came to power. However, the MDP candidate for Thimirafushi, Mohamed Mustafha, has disputed the result, citing significant irregularities surrounding polling in Thaa Atoll Guraidhoo.

Speaking to Minivan News today, MDP spokesperson Hamid Abdul Ghafoor alleged that election observers were obstructed from conducting their duties in Guraidhoo.  He also claimed that party observers had been arrested before the polls closed, allowing the ballots to be rigged by state representatives.

Police Spokesperson Hassan Haneef said the police had received no reports of any arrests or incidents in Guraidhoo. He also reported that there had been no unrest in either constituency after results were announced.

Election Commissioner Fuad Thaufeeq is reported in local media as having said that there were no concerns that would lead him to question the validity of the polls or their results.

In considering the by-election results, President’s Office spokesperson Abbas Adil Riza today said he believed the vote served as a ringing endorsement of the current government.  Abbas added that the ballots reflected “public confidence” in Dr Waheed’s administration,  as well providing a vital working majority in the Majlis.

Abbas also felt that Saturday’s success gave the government a clear signal that it has sufficient support to complete the full presidential term into 2013.

Alternatively, MDP spokesperson Ghafoor said that he saw the polls as “the price we have to pay for early elections – to show that the right conditions [for presidential elections] are here.”

Ghafoor argued that the by-elections were essentially a throw-back to the pre-2008 Gayoom-era, dismissing the interpretation that the result showed support for the current President.

“The intricacies of local elections have a long history of corruption. This [result] has nothing to do with Waheed, it’s Gayoom’s people,” he continued.

President Waheed last night thanked all those who voted in support of the national unity government via his official Twitter page: “Thanks to all who voted for Shareef and Jabir. We have a clear majority in Maldives parliament,” he wrote.

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US pledges US$500,000 for elections assistance in the Maldives

The US government has pledged US$500,000 (Rf7.7 million) for an elections programme  to assist Maldivian institutions in ensuring a free and fair presidential election.

The program will be made available from July 2012, said Chargé d’Affaires of the US Embassy in Colombo, Valerie Fowler.

Meeting the press on Thursday afternoon in the Maldives National Art Gallery, Fowler said the US would also “work with the Commonwealth to help the Maldives work through the current situation to elections”.

The US will lend any support, including technical assistance, to ensure the next presidential election in the Maldives is conducted “smoothly and observed the rule of law”, Fowler said.

“Through USAID we are in the process of starting an election programme that will assist Maldivian institutions in ensuring a free and fair presidential election. We have allocated US$500,000 to start that process and anticipate that we can begin as soon as July 2012,” Fowler noted.

Referring to the discussions she held with political parties during her trip, Fowler said “I echoed our call on all sides to maintain an open and transparent dialogue and use Maldivian mechanisms to resolve the political situation”.

She acknowledged the opening of parliament sessions as a positive step forward and highlighted the need to amend the Police Act and Maldives National Defence Force (MNDF) Act – both pre-date the constitution – in order to depoliticise the country’s security forces. Meanwhile, Fowler said she was pleased to be told that important national legislations such as the Penal Code, Criminal and Civil Procedure Codes and the Evidence Act were under committee review.

However, Fowler noted that the US believed there needed to be an “environment conducive to early elections”, an aim that could only be created through dialogue, as well as capacity building measures.

“We hope the political party talks will resume in the coming days. These talks represent a positive avenue for progress when each of the parties participates with an open mind. In addition, we call upon parties to support the Commission of National Inquiry (CNI),” she said.

Deposed former President Mohamed Nasheed and his Maldivian Democratic Party (MDP) has declined to cooperate with three-seat CNI appointed by President Waheed, citing unilateralism and lack of independence and international participation.

Nasheed alleges that he was forced to resign “under duress” in an opposition-backed coup, in which he alleges Dr Waheed was complicit.

Asked whether the US recognises Dr Waheed’s government’s legitimacy, Fowler said “we do not recongise individuals, we recognise states and we are in fact working very closely with the government of the Maldives”.

However, she added: “A full and impartial investigation into the circumstances that prompted former President Nasheed to resign is necessary, and we look forward to the report of the commission.”

Responding to the concerns raised over independence of the Inquiry Commission and a possible US role in the investigation, Fowler observed, “we have not received any requests from the government to help the (CNI) commission of inquiry’s work” but “we understand the government of Maldives is working closely with the Commonwealth’s special envoy.”

According to Fowler, “Assistant Secretary Robert Blake has been in regular contact with Special Envoy Sir Donald McKinnon, and we expect to work closely with the Commonwealth, both in terms of policy and technical support, to help the Maldives work through the current situation to elections.”

She also said that the US appreciated the work of other international parties and noted that it was in touch with Indian Foreign Secretary Shri Ranjan Mathai – a key figure within ‘roadmap’ talks aimed at facilitating early elections.

Fowler added that both the US and the wider international community would be paying close attention to bi-elections scheduled for April 14, where several parties are fiercely competing over two vacated seats in parliament.

“These elections, the first since transfer of power, must be transparent and the results accepted as fairly achieved in order to avoid making the political situation even more challenging,” she contended.

“This is an important time in Maldives history.  The Maldives has a well earned reputation and international standing as being a moderate, progressive young democracy. Further domestic conflict and instability will hurt that reputation and has the potential to do significant damage to international tourism in the Maldives,” Fowler concluded.

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“Not easy to flush the remnants of a dictatorship,” Nasheed tells Daily Show

Former President Mohamed Nasheed has appeared on the Daily Show with Jon Stewart, a popular US current affairs program that averages two million viewers a night.

As with many of his appearances to promote the Island President, the topic quickly turned to Nasheed’s resignation “under duress” on Feburary 7.

“It is easy to beat a dictator in an election, but it is not easy to flush the remnants of a dictatorship, they come back, and with a vengeance,” Nasheed told Stewart.

“Since the coup the vast majority of people have been out on the streets in support [of us]. We are not seeing many supporters in favour of Gayoom, but he has the police, the military the judiciary and the institutions,” Nasheed said.

“We are asking the US government to impress upon the Maldives government the need to have elections as quickly as possible,” he explained.

“I can only assume our government is doing everything it possibly can to help, because that’s how we roll,” Stewart replied, sardonically.

“I think they got the wrong end of the stick to start with. I hope they are now understanding the ground reality. I met your officials and was encouraged, but they seem to have to ask everyone around the Maldives before they can say anything,” Nasheed observed.

This meant India, suggested Stewart.

“India is very large and influential – but I wonder if it is an intelligent thing to outsource your foreign policy,” Nasheed suggested.

Watch the show

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Comment: Breaking the rules of democracy

Given the events of the past three years it is fair to say that we are still a democracy in principle rather than in practice. The existing authoritarian and undemocratic enclaves prevalent within our socio-political system support this argument. By authoritarian enclaves I refer to the prevalent corruption, the lack of respect for the constitution and the rule of law, and the continuous stifling of our civil and political rights by the so-called political fanatics, ‘vanguards’ of democracy and religious scholars in the Maldives.

It is true, old habits die hard. After 30 years of repression and authoritarian rule we still continue to focus on personalities; our institutions are not independent of specific personalities and as a society we continue to limit each other’s political freedoms. We need to liberate ourselves from our traditional, personalised patronage politics. We need to liberate ourselves from the old habits.

To be democratic we need to understand that the rule of law precedes everything; civil liberties such as freedom of expression should be exercised with responsibility and as a society we need to make informed and responsible decisions in selecting and electing those who represent our voice.

President Waheed was right when he said on Hardtalk that “we have come to this point because we have not respected our constitution. We have not respected the rule of law. The last thing I want to do is to circumvent our constitution”. So when and where have we circumvented our constitution? Without going into the details of Gayyoom’s 30 year authoritarian regime, if we begin with the dawn of our democracy following the election of Mohamed Nasheed, when and where have the laws of the land been flouted? Where have we failed at democracy?

The rule of law was flouted when the Supreme Court was locked down under the order of Nasheed. The rule of law was flouted when a senior judge was ‘judgenapped’ and arrested. We failed at democracy when projects or investment opportunities were given to political party aides and cronies without declaration of ‘conflict of interest’ or without a fair bidding process. We failed at democracy as the number of family ties increased within the top brass of the state institutions. We failed at democracy when we failed to listen to public protests for 22 consecutive days, regardless of whether they were 200 people, a minority, or 100,000 people.

During Nasheed’s regime, the opposition too failed at democracy because they refused to accept the rules of the game of democracy. Over the past couple of years the opposition have been hell bent on creating parliamentary deadlocks which delayed the enactment of key legislations; used religious fervor to rile up anti-MDP sentiments and backed questionable characters to achieve their political goals. Democracy is not the only game in town if the losers of an election do not accept their defeat. If we see democracy under the axiom of a game, it will only continue to work if the losers in the game want to play/try again within the same institutional framework under which they lost.

Our constitutional sins reached a new level on February 7, 2012. The constitution of our country was punched in the face when our democratically elected leader was ousted in a coup. If Nasheed was such a failure, his removal should have been by the rule of law, by the people and by the ballot. Whether by the fate of circumstances, by Nasheed’s own making or by advanced planning the removal of an elected President by force, has set a very dangerous precedent here and in my opinion this constitutional sin is worse than anything Nasheed ever did.

I am willing to accept that politicians from all sides have failed to uphold the rule of law in the past, move forward and draw lessons from it. So I ask President Waheed, since he holds the reigns now, what is his plan to uphold and maintain the rule of law? The current government’s commitment to democracy will continue to be tested and judged by the disgruntled opposition until the next election. Until then I hope our fragile democracy will continue to withstand the pressures and shocks without abandoning the electoral process ever again. The lesson for all of us is, never again should the constitution and rule of law be abandoned under the guise of upholding democracy.

I am not really concerned about ‘who’ is in power as long as the person in power is there through legitimate means and is concerned about implementing positive change. We have intellectuals on both sides of the political spectrum. Our infant democracy was born by the work of several people. For every protester there was an intelligent and energetic policymaker creating the rules of the game. For instance, Nasheed is a great orator and a true torch bearer for democracy. While Nasheed carried the torch, there were policy makers behind the table such as Dr Ahmed Shaheed, Dr Hassan Saeed, and Dr Waheed who rigorously used other channels to bring democracy to our country. All of them should be credited for their contributions regardless of which side of the table they are on.

Some of our MP’s display appalling behavior, ignorance and a lack of professionalism. Some are borderline criminals. When the next election confronts us, we as the electorate have a moral responsibility to select and elect leaders who are competent, crime-free and open-minded.

One of the fundamental components of democracy is freedom of expression, because without it, free elections mean nothing. We do enjoy ‘freedom of expression’ in the Maldives but without any responsibility. Freedom of expression is an abused freedom in the Maldives because religious extremists use it to spread their religious fatwa’s, war-mongerers use it to spread their hate, politicians use it to create division and the media uses it to spread half-truths. Where is our sense of social responsibility when we exercise freedom of expression?

We need to remember that before the 7th of February there were thousands of people who opposed MDP and exercised their fundamental right to criticise. The coup was not undertaken by the opposition supporters, therefore, why should they be labelled as ‘baghees’ (traitors)? The level of cyber bullying evident on social media towards anyone associated with the current government is one example where freedom of opinion is violated. The number of people that tell me that they are afraid to show their support to the parties they supported prior to 7th February due to fear of being labelled as ‘baghee’ is proof enough that freedom of opinion and expression is no longer a given. Without proper freedom of thought, opinion and association we will never be able to safeguard the integrity of our elections.

As a society that aspires to be democratic we all have a social responsibility to respect the rule of law, exercise our freedoms with responsibility and empower politicians for the right reasons. We are the drivers of change and politicians are only the mediators we select to implement the change we want.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Police promote one thousand officers, recruiting further 200

In a ceremony to celebrate the 79th year of the police service, Police Commissioner Abdullah Riyaz and Minister of Home Affairs Dr Abdullah Jameel announced the promotion of around 1000 police officers – approximately a third of the force.

The appointment of four new Assistant Commissioners was also announced, more than doubling the previous number holding this rank – the third highest position in the service.

Additionally, the police have revealed plans to recruit 200 new officers to the force this year.

Police Spokesperson Sub-Inspector Hassan Haneef said that these promotions were in line with normal police regulations, and were awarded “based on performance, merit, and number of years served.”

The weekend’s celebrations continued as President Dr Mohamed Waheed Hassan announced plans to allocate 74,000 square feet of land to develop homes for police personnel.

Dr Waheed also expressed his gratitude for the police’s actions on February 7. “I state that the police worked on February 7 to uphold the constitution of Maldives,” he said.

The anniversary of the police service comes after months of intense scrutiny in which it the service been accused of brutality, human rights abuses and complicity in the downfall of former President Mohamed Nasheed.

On Saturday, Commissioner Riyaz stated that he did not intend to pursue an internal investigation into the alleged events of February 7 and 8, citing the lack of credibility that such an investigation was likely to have.

The unrest on February 8 saw a Maldivian Democratic Party (MDP) protest swiftly suppressed by the security forces while the footage of police aggression was beamed around the world.

Instead, Riyaz declared his decision to focus on repairing the organisational damage done to the institution.

“I can’t just come in here and investigate the alleged police brutality as the first order of business. It is essential to establish who was occupying which post first by assessing the organizational structure. The whole institution had been politically influenced,” the Commissioner told Haveeru.

“We all know that the positions within the police institutions had not been assigned in accordance with police regulations and had functioned in violation of the police system. Hence, I am compelled to drag the institution back into its proper system,” said Riyaz.

He also stated that he had discussed any potential investigation with the President and the Human Rights Commission of Maldives (HRCM) shortly after taking up his post, requesting that the HRCM take up the responsibility.

Amnesty International had last week criticised this method of investigation after having spoken to HRCM regarding the investigation of alleged sexual abuse of female detainees.

“HRCM has told Amnesty International that they have serious limitations in terms of trained investigative staff and dealing with human rights issues in a highly politicised environment is an overwhelming challenge for them,” said Amnesty’s representative in Male’, Abbas Faiz.

“By referring cases of police abuse of power to the HRCM, when it is clear that such investigations are beyond its capacity, the government is in effect forfeiting its own responsibility to enforce respect for human rights within the police force,” said Faiz.

President Waheed’s speech at the anniversary’s official function event focussed on the difficult environment the police had found themselves since the upheavals of February.

Waheed called on public to show respect for and cooperation with the police while urging all officers to respect human rights and human dignity in the course of their duties.

The strong public discontent with the police’s role in, and its reaction to, the events of February 7 and 8 has led to simmering tensions which have erupted in sporadic violence.

The President also expressed his sadness at the physical and emotional distress suffered by the police in recent weeks.

The opening of the people’s Majlis on March 19 was accompanied by clashes which saw the police suffer multiple casualties. This was followed by a series of attacks which saw four police officers hospitalised in five days.

Popular discontent also saw the staging of a large rally on March 15 in support of the International Day Against Police Brutality.

Both Commissioner Riyaz and President Waheed have been reported expressing concerns that people in the media were attempting to defame the image of the police force, expressing concern that this was damaging the country.

“I am aware of their contempt towards the institution. I will try to resolve the matter. The biggest challenge would be to win back their trust and confidence,” Riyaz told Haveeru.

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Waheed says he would resign and reinstate Nasheed if inquiry establishes coup

President Dr Mohamed Waheed Hassan told local television station Villa TV (VTV) he would resign and reinstate ousted President Mohamed Nasheed if an independent inquiry established the February 7 transfer of power was illegitimate.

Nasheed has claimed he resigned under duress and was deposed in a coup d’état. Since then, thousands of people have demonstrated throughout the Maldives questioning Dr Waheed’s legitimacy and have called for early elections.

Speaking on Dhivehi Sakhshiyyath’s (Maldivian Personality) debut program, Dr Waheed said, “If it wasn’t a legitimate transfer of power, if it was unlawful, what should happen is the former president should be reinstated. If that is established, I will resign. If not, then this is a legitimate transfer of power.”

Although Dr Waheed’s government seemed amenable to early polls upon taking office, it now appears to be increasingly resistant to the call. The government now claims constitutional amendments are necessary for an early general election.

“I have already said I am ready to hold an election within the law, within the constitution, only in the country’s interest, since a major political party is creating unrest in the city,” Dr Waheed said.

Dr Waheed has instituted a three member Committee of National Inquiry (CNI) to look into the legality and legitimacy of the transfer of presidential power. However, Nasheed’s Maldivian Democratic Party (MDP) has questioned the committee’s independence as the committee is chaired by former President Maumoon Abdul Gayoom’s defence minister Ismail Shafeeu.

The MDP, international bodies and NGOs have urged the inclusion of international experts in the CNI. Presidential Spokesperson Abbas Adil Riza said the government would seek UN assistance rather than that of the Commonwealth. The Commonwealth’s Ministerial Action Group had supported MDP’s call for early elections.

Like furniture

In his interview, Dr Waheed also aired grievances against Nasheed dating from the MDP’s founding.

“I left MDP because Nasheed’s influence in MDP was such that he refused to give responsibility to anyone who is elected within the party. It was like that from first day, and I think continues to be that way,” he said.

Dr Waheed had campaigned to be the MDP’s first president. He alleges Nasheed ran MDP as “his property” and said Nasheed’s approach “has always been to settle problems through street action, rather than political dialogue.”

As Nasheed’s vice-president, Waheed claimed he was “sidelined and isolated”.

“Nasheed decided the vice-presidency was a symbolic position,” he said.

When asked if Nasheed ever pressured for his resignation, Waheed said, “I do not think Nasheed thought it too important for me to resign. As long as I stood aside, quietly, like the furniture at President’s Office, he did not think it to be an issue.”

He called on all political parties to work together to resolve the current political crisis: “The current unrest is because we haven’t been able to work together,” he said.

Waheed also said he believed only a candidate fronted by a coalition of parties would win the next presidential election.

“I do not believe now that any one party can win a presidential election. I am almost certain that only a coalition of two or more parties will win the next election again,” he said.

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‘Island Ex-President’ debuts in UK

Thursday night saw the UK Premier of “The Island President” as part of the Human Rights Watch Film Festival in London. After the screening Mark Lynas, former Climate Advisor to the previous President Mohamed Nasheed, helped make up a panel of experts who fielded questions from the audience.

“The debate was very much focused around what has happened since the film was made, with the coup and the new government being installed. People were very concerned about the former president’s welfare, and what it means for him to be back in opposition fighting for democracy after having apparently won the battle earlier in the film,” said Mr Lynas.

Human Rights Watch, the independent human rights organisation describes its film festival thusly: “Through our Human Rights Watch Film Festival we bear witness to human rights violations and create a forum for courageous individuals on both sides of the lens to empower audiences with the knowledge that personal commitment can make a difference.”

The personal commitment on display was that of former President Mohamed Nasheed, whose efforts to win the Presidency and to raise international awareness of climate change were documented in the critically acclaimed film.

The film debuted to packed audiences in the Maldives in November and is scheduled for showings across the United States throughout March and April.

The expert panel also included the former Envoy for Science and Technology, Ahmed Moosa; and the Guardian’s Head of Environment, Damien Carrington.

Renewable commitment?

As with most public events concerning the Maldives recently, home and abroad, the event was accompanied by opposition lobbyists who dispensed pro-democracy literature outside the theatre.

After the sold-out audience had seen the film, the ensuing discussion revealed their concerns about the effects that political turmoil would have on the Maldives’ environmental ambitions.

Current President Dr Mohamed Waheed Hassan recently reaffirmed his commitment to environmental projects during his opening of the People’s Majlis, and also at a ceremony celebrating a renewable energy project supported by the Japanese government.

“We have been campaigning for the last couple of years that we would like the world community to come to an understanding, an agreement, to reduce emissions so that the CO2 levels in the atmosphere would be reduced to 350 parts per million,” said President Waheed.

“We will work with other small island countries, and low lying countries, to keep the low carbon development agenda at the forefront of the international developmental discourse over the next years as well. Our commitment to this will continue to be strong and unwavering.”

Lynas however expressed great concern to Minivan News about the likelihood of similar investments in the Maldives continuing to flourish in the current political climate: “Donors will turn away because of the political instability, and investors likewise.”

Such opinions appear to be supported by the Economic Ministry’s unexplained decision to halt any new Public Private Partnership (PPP) schemes one week ago.

Lynas lamented the negative effects the change of political power has had on such projects.

“Back in February we were literally days from signing a major investment plan with the World Bank before the coup happened – this would have leveraged potentially hundreds of millions of dollars, and we were about the begin the process of transforming several islands towards renewable power from the sun,” said Mr Lynas.

“This whole unfortunate saga could set the country back 10 years or more, and undo most of the work that we have all devoted years of our lives trying to pursue.”

Nasheed is hortly to head to the United States, where the film’s release is sure to draw significant media attention to the Maldives political problems as much as its environmental ones.

In an article posted on the website of the NGO Responding to Climate Change, the author posits the question, “Could they have chosen a better time to release this film?”

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Comment: Getting constitutional with Waheed

Dr Waheed has often reiterated that no matter what the findings are of a formal enquiry into the events that led to Mohamed Nasheed’s resignation, his own legitimacy as President of the Maldives remains beyond question.

He bases this claim to legitimacy on the constitution. How much substance does the claim have?

Article 121 of the constitution states the President can quit by submitting his resignation written ‘under his own hand’ to the Speaker of the Majlis. The office of the President becomes vacant as soon as the Speaker receives the resignation letter.

Article 112 (d), meanwhile, states that if the office of the President becomes vacant ‘for any reason’, the Vice President shall succeed to the office of the President.

Nasheed wrote his resignation letter, did he not? Waheed was sworn in as president after the Speaker received the letter, was he not? This means he is the legitimate president, does it not?

Technically, yes. And only if we assume, like Waheed does, that the constitution does not give a damn about whether or not the hand that wrote the president’s resignation letter was forced.

Such narrow constructions of the constitution, although incompatible with the ethos of a new democracy committed to its consolidation, are popular weapons for instating the legitimacy of this new regime.

It has, for example, continuously invoked Article 110 as a reason why elections cannot be held earlier than July-September 2013 without first enacting a constitutional amendment.

Article 110 states that elections for the office of President must be held within 120 days to 30 days before the end of a given five year term. It assumes things are going according to plan and, to ensure the smooth transition of power, it provides a timeframe within which the handover of power can take place democratically, through the ballot box.

The new regime has taken this clause of the constitution to mean that it forbids elections until 120 days before the expiry of a natural five-year term, no matter what.

If this were so, why does Article 125(c) of the Constitution foresee circumstances ‘where fresh elections have to be held for any reason during the currency of an ongoing presidential term’?

Where then is the legal basis for the argument being made by Waheed and the current regime that holding early elections will require a constitutional amendment?

Another question about Waheed and the constitution is: what type of president is he? Is he a caretaker president, or is he president proper?

Article 114 of the constitution says that an incoming president can assume office once he takes his oath before the Chief Justice, ‘at a sitting of the People’s Majlis’.

The Chief Justice administered the oath of office for Waheed’s presidency. And Speaker Abdulla Shajid was present. But it was not done ‘at a sitting of the People’s Majlis’.

According to the constitution this is a type of oath administered not to an incoming president proper, but to ‘any person temporarily discharging the duties of the office of the President’ (Article 126).

Furthermore, the only circumstance in which the constitution envisages the need for such a caretaker is if the offices of both the President and the Vice President become vacant at the same time (Article 125(a)).

By overseeing a caretaker oath for Waheed, did the Speaker of the Majlis de facto deem the offices of both the president and the vice president vacant on 7 February? If not, why was Waheed not sworn in before the Majlis?

Most importantly, if the constitution is to be upheld, such a caretaker figure can only remain as the country’s leader for a maximum period of 60 days.

Elections must be held within that period for both President and Vice President.

So why are fresh elections not being held before 7 April? And again, why is it being said that the constitution cannot accommodate early elections without an amendment?

And, if Waheed took office as a ‘person temporarily discharging the duties of the office of the President’ (Article 126), what business does he have purging the government of high-ranking MDP members, installing a brand new cabinet, and modifying or reversing most major policies pursued by the legitimate government he was supposed to be taking care of?

If President Nasheed resigned voluntarily and Waheed acceded to the position constitutionally, then Waheed’s first trip to the Majlis should not, and cannot, be to address it as President.

Without the Majlis first witnessing him taking the oath, it has no business accepting him as President.

One final question on Waheed and the constitution: if Waheed were such a stickler for it, and were he such a committed democrat, why is he turning a blind eye and a deaf ear to the thousands of people demanding ‘elections now’?

Article 125 of the constitution provides him with the perfect opportunity to give people what they want. All he has to do is resign for there to be an election within 60 days.

Can Waheed take a hit for the greater good? Or is his commitment to democracy as much of a chimera as the ninety-percent support he claims to have?

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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