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Coconut detained in Maldives over vote-rigging claims
Police take 'suspicious fruit' into their possession after claims it could have been used in black magic during elections


A coconut has been detained by Maldivian police on suspicion of vote-rigging in a key presidential election.

The coconut, described as "young", was found near a school that will be used as a polling station on Saturday on the remote Kaafu atoll, one of the hundreds of islands that comprise the Indian Ocean archipelago state.

Though the population of the Maldives is Sunni Muslim, continuing belief in magic is widespread in rural areas. Coconuts are often used in rituals and inscribed with spells.

The hundreds of thousands of international tourists who travel to the Maldives usually stay in isolated resorts and have no contact with local people other than staff.

The local Minivan news website reported that police "took the coconut into their possession" around 7.05am on Tuesday, after they received a complaint about the suspicious fruit near the school on the Guraidhoo Island, which lies 130 miles from the capital, Male, and has a population of around 2,000.

"The 4in coconut had a [Koranic verse] written in Arabic [on it] and was lying on the ground near the school, easy for the public to see. It seems like it was a joke, just a prank, so that people will become aware," Minivan quoted a source on Guraidhoo saying.

Minivan said its source had suggested the coconut "was a lesson for islanders not to practise black magic in an attempt to influence voting, and that the polling area would be closely monitored to prevent such activities from occurring".

Earlier this year, school authorities on Guraidhoo resisted using their buildings as a polling station, citing previous instances when problems had been caused by magic. Their fears were only partly allayed when the national election commission said it would accept responsibility "if anyone falls under a spell or comes down ill".

The election has been bitterly contested, with Mohammed Nasheed, the former president, who claims he was ousted last year in a coup, taking on one of the Maldives' biggest businessmen, the outgoing president and the half-brother of former dictator, Mamoun Abdul Gayoom.

Nasheed, an internationally respected human rights and climate-change campaigner, hopes to win outright this weekend and avoid a run-off second round of voting.

A magician summoned by police established that the coconut was innocent, local officials have said. No arrests have been made.

Coconut detained in Maldives over vote-rigging claims | World news | theguardian.com

(Nautankibazzi is everywhere.. :rofl: :omghaha: :rofl:)
 
National Security Committee investigating local media spreading JP’s claims against Elections Commission

Parliament’s National Security Committee summoned the Elections Commission (EC), the Maldives Police Service (MPS), the Maldives National Defence Force (MNDF), and the Maldives Broadcasting Commission (MBC) to appear for questioning today in regard to its investigation into an EC case filed against the Jumhoree Party (JP).

An EC letter requesting the National Security Committee provide the commission an opportunity to share their concerns about local media spreading JP’s “baseless and unfounded” claims, was presented yesterday (September 13) by committee chairperson MP ‘Reeko’ Moosa Manik and unanimously approved, according to local media.

“The National Security Committee is concerned that the [presidential] contestants unfounded claims of corruption against the EC are a threat to national security,” Maldivian Democratic Party (MDP) MP and Spokesperson Hamid Abdul Ghafoor told Minivan News today.

MBC has been summoned to the parliamentary committee for allegations that Villa TV (VTV) – owned by resort tycoon and JP presidential candidate Gasim Ibrahim – was spreading information to incite hatred against the EC, while the MPS and MNDF will be questioned to determine whether current events pose a threat to national security, according to Sun Online.

Meanwhile, MBC has launched an investigation into VTV broadcasting unsubstantiated content in violation of the broadcasting code of practice. The commission stated that it was investigating the matter after a case was filed by a private individual, according to local media.

VTV has been continuously broadcasting the live program ‘Olhuvaalee Vote Ge Namugai’ (‘fraud in the name of the vote’) as well as reports against the EC and MDP ever since Gasim placed third in the first round of the presidential election with 24.07 percent, a total of 50,422 votes, reports CNM.

Asked about the confusion over the voting figures in the media not matching those of the EC during counting, Elections Commission Vice Chair Ahmed Fayaz criticised local media’s role in the matter.

“Politicians and newspapers have reported this [10,000 votes issue]”, he said, singling out the online publication Times.mv for particular criticism.

Meanwhile, during an elections Advisory Committee meeting held Friday (September 13), the JP, along with representatives of the PPM and President Mohamed Waheed, agreed they all want a vote recount of all ballot boxes conducted.

However, the MDP’s representative on the Advisory Committee insisted there were no grounds to warrant a vote recount and accused JP of not noting any issues during polling.

“It’s a matter of principle – this was a democratic election held under a democratic system. All parties were given an opportunity to send observers and monitors, and their observations [of the voting and counting process] were done in front of the people, as per the law,” said Ghafoor.

“This was an elaborate, laborious process with each count confirmed and then exhibited at each voting centre,” he continued.

“A recount would set a bad precedent that is not in the national interest. It would create a loss of faith in the system,” he emphasised.

Ghafoor noted that international observers have praised the transparency of the election process, including four former Election Commissioners hailing from India and the Commonwealth.

“The EC is one of the [only] effective, independent commissions we have. It has a very clean track record, which everyone knows,” declared Ghafoor. “An elaborately developed legal process [for elections] has been in place since 2008, there have been at least 11 by-elections conducted to date and none of them have been contested.”

He noted that the election results are being contested “by people like Gasim Ibrahim, who are from a culture that has rigged votes all their lives.”

Meanwhile, Elections Commission Vice Chair Ahmed Fayaz told local media the JP had requested a recount without any legal basis. He noted that if all the ballot box seals were broken for a recount, this could create election confidence issues and set a dangerous precedent for future elections. He proposed recounting boxes randomly as an alternative.


National Security Committee investigating local media spreading JP’s claims against Elections Commission *|*Minivan News

Maldives: Polls Getting Trickier After First-Round – Analysis



After the first round of polling on 7 September, Maldivian Democratic Party (MDP) candidate Mohammed Nasheed, with 45.45 percent of the popular vote, was seen as closer to the presidency than the other three in the fray. Yet, on a common, anti-MDP platform, rival Progressive Party of Maldives (PPM) candidate Abdulla Yameen, the runner-up in the first round, had the numbers in his favour. Though Yameen had polled only 25.35 percent vote-share, with those of Jumbhooree Party’s Gasim Ibrahim (24.07 percent) and incumbent President Mohammed Waheed Hassan Manik (5.13 percent), he would have automatically added up to 54.5 percent votes, way more than the 50-percent mark needed for a clear-cut win.

All those calculations may have changed — at least for the time being. Gasim Ibrahim has challenged the first-round processes and polls in the High Court. The court has since set the hearing for Sunday, 15 September. With the first-round results thus hanging in the air, both the MDP and PPM have decided to seek intervention in the case. The Election Commission, which is the respondent in the case, has already fixed the second, run-off round polling for Saturday, 28 September, the last day of the mandated three-week upper-limit for the purpose. Any hurdle placed in its way, however legal and constitutional, will have its own consequences, which the Founding Fathers did not seem to have anticipated, and in good faith.

Should the legal proceedings, now before the High Court, run its course, with the possibilities of appeals before the Supreme Court at different stages, the constitutional scheme could end up threatening its own base and basis, one way or the other. The alternative may have to be for the Supreme Court to call for the case files, suo motu or otherwise, and dispose them off, one way or the other, without much loss of time, the latter either by way of appeals or avoidable adjournments, which is not very common, anyway. An alternative could be for the courts to follow the existing system in experienced democracies, where no case shall lie against any election or the results until the processes had been finally completed.

Compulsions and complexities

Despite personality problems, analysts had assumed at the end of the first round that the non-MDP, anti-MDP parties would rally round Yameen for the second round. For its part, MDP strategists had projected that garnering an additional 4.5 percent vote-share was within their reach. Neither was as easy as presumed. A clear picture about the second round is thus unlikely to emerge until the courts had decided on Gasim’s petition, and any interlocutory or intervention petitions, moved bv the MDP, PPM, the Election Commission, and/or possibly any voter, whose rights may have been affected one way or the other through the just-initiated legal processes. To the extent, the court’s findings would also be a guidance for the future, both in terms of the conduct of polls or constitutional and election law changes that Parliament may have to consider.

More votes than voters

The court case now has caused a piquant situation, both for the authorities and the candidates themselves. For its part, the High Court has declined to entertain Gasim Ibrahim’s interim plea for declaring the preliminary results of the first round as the final results, and thus clear the decks for the second round polling. Yet, prolonged doubts about the second-round now could come in the way or the EC’s preparations, starting with the despatch of ballot-boxes and papers — including the printing of the latter, with only two names, instead of the original four. The EC would also have to coordinate with the police, the security arrangements, which were effective and efficient for the first round.

Ironically, Gasim’s main charge is that in some ballot-boxes, there were more votes than the number of voters assigned to that particular box. Citing media reports, his party had raised the issue even as the preliminary results from the islands were being put together at the EC headquarters in the capital, Male. It is believed that the five-hour delay in the Election Commission announcing the preliminary results owed to the verification process employed on the JP’s complaints — which also took the shape of a minor protest.

It is interesting to note from media reports that MDP’s Nasheed too now seems to be sharing Gasim’s views on extra ballots in some boxes. In this connection, the JP had also claimed that ballot papers had been printed by private individuals and used to defraud the poll process. Acting on the same, the police have since arrested two persons on the charge of printing and using ballot papers. It is not unlikely that the higher judiciary, while addressing Gasim’s election petition, would seek a report on the police investigations before coming to any conclusion. All this again would consume time, which seems to be in short supply, just now.

Realignment, readjustment

Independent of the court case, realignment has already commenced for the second round. Having recorded a low 5.13 percent vote-share, President Waheed has since parted company with his running-mate Thasmeen Ali, president of the Dhivehi Rayyathunge Party (DRP), founded by former President Maummon Abdul Gayoom, before the latter walked out to found the PPM. Thasmeen has since gone on to support MDP and Nasheed in the second round. Media reports have quoted PPM leaders to say that Waheed is now with this camp. Likewise, religion-centric Adhhalath Party (AP), Gasim’s partner in the first-round, too has pledged second-round support for Yameen.

Be it as it may, these cross-overs may not have contributed much in terms of the votes required for either Nasheed or Yameen to cross the 50-percent mark, to a second-round victory. Though Nasheed’s requirements for additional votes are much less than that of Yameen for now, Thasmeen and the DRP by themselves may not be able to do it for him. Ditto with Waheed, but Yameen’s requirements of additional votes are huge in comparison to that of Nasheed’s. The decision thus rests either with Gasim, or the voter at large.

In a classic and conservative way, the first multi-party, two-phase presidential polls in 2008 witnessed a coalition of first-round losers joining hands for the second. In the process, Nasheed defeated Gayoom, the incumbent for 30 years. Like Yameen now, he had scored only around 25 per cent in the first round against the incumbent’s 40 percent. Interestingly at the time, Gayoom, while losing in the second round, still managed to poll an additional five percent — the kind of vote-share that Nasheed now needs to win the second round and the presidency.

By far, Gasim Ibrahim alone is believed to have substantial number of ‘transferrable votes’ in his kitty, to be able to support a candidate of his choice, without reference to past and future positions. His going to the court now, instead of choosing between the top two has created a tricky situation, particularly for Yameen. With only 25 percent votes in the first round, he will have to garner every vote to be able to try and cross Nasheed’s first-round tally. For that to happen, he has to convince his cadres and voters that he is a serious contender for the top job still — an image that would come his way if and only if Gasim is seen as backing him in full.

In comparison, Nasheed may be in a relatively comfortable and advantageous position. But that does not mean that the MDP could take his second-round victory. Having polled a high 45.45 percent vote-share in the first round after one and half years of high-pitched, extensive and expansive election campaign across the country and beyond, the party would now find it difficult to find every additional vote, to take Nasheed past the 50-percent mark.

The highest number of 88.2 percent polling in the first round too does not help Nasheed in particular, as the chances of substantial improvement in poll percentage for the second round are very limited. For starters, Nasheed, more than Yameen, would have to ensure that the high voter-turnout from the first round is maintained, not lessened. It is a challenging task, and the MDP cadres and their more imaginative strategists may not be wholly up to the task.

For his part, Yameen will have to convince Gasim, or his voters, to back him to the hilt even while retaining his own share and garnering those pledged now by the Adhahalath Party and President Waheed. For Nasheed, his getting even the fewer votes required for victory could become a tall task. The MDP will have to ensure the high voter turn-out as in the first, retain every non-cadre, non-supporter that they could garner through their persuasive skills, and also add the additional votes.

For either of them to happen, Gasim has to take a decision, and the courts have to take theirs in the first place. A clearer picture may emerge after Sunday, when the High Court is scheduled to hear Gasim’s petition, after the traditional, two-day week-end.


http://www.eurasiareview.com/16092013-maldives-polls-getting-trickier-first-round-analysis/
 
A good article......

Maldives at the Crossroads



From sky level to sea level, looking through the thickly paned and weathered openings of a rumbling fuselage, vivid colors zoom into focus around tiny islands loosely connected by a vibrant underworld of coral reef. An awe-inspiring sight. Yet lately, not even the mesmerizing beauty of this far-away island chain can mask the recent and unsightly chain of events that has left democracy stranded in the rising waters of political turmoil. Despite its small size, the Maldives is one of those places that have huge significance in terms of social justice (think Iceland, Cuba, Denmark, Bolivia). The 2012 coup there, now eighteen months long, gives us reason to reflect. Here’s what happened in the Maldives and why we think it needs attention.

February 6-8, 2012: Democratically-elected President Mohamed Nasheed delivers a sudden and unexpected resignation on live television.

August 30, 2012: The British Commonwealth-backed Commission of National Inquiry (CONI) investigation surprises the world by finding the transfer of power from Nasheed to his vice president Mohamed Waheed Hassan Manik to have been legal.

September 7, 2013: Presidential elections will take place, with both Nasheed of the Maldivian Democratic Party (MDP) and Waheed, running as an independent, on the ballot.

Coups are among the ugliest of political phenomena, perhaps surpassed only by war, genocide, and famine. They closely parallel fraudulent elections in that both witness an assault on the rights of voters and well-being of a nation by the powerful few. The upcoming elections in the Maldives have global significance, not just because of their contrast with the bloody aftermath of the July 3 deposing of Egypt’s president Mohamed Morsi in another Muslim society, but because, until his ouster, Nasheed and his administration were inspirational leaders in the global fight against climate change, lionized by young climate activists at a 2009 rally in Copenhagen with a banner addressed to Nasheed himself reading “You Are Our Global President.”

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A recent rally attended by over 8,000 supporters launches the MDP manifesto, a plan based on what Nasheed learned from walking door to door to enquire the thoughts and needs of the country.


History counts: The Road to Democracy or Authoritarian Reversal?

In order to understand the recent assault on democracy in the Maldives it helps to know a little history. The country’s nascent democracy emerged from 850 years of rule by a Muslim sultanate overlaid, from 1887 to 1965, by British Protectorate status and then an uneasy transition from a constitutional monarchy to an independent republic in 1968. Of the many political struggles that have rattled the Maldives, one in particular stands out in relation to recent events: the rise and fall of the country’s first president in the early 1950s.

The story of President Ameen Didi’s year-long rule is worth briefly recounting, not only because it ended in the first Maldivian coup, but because it highlights the contested nature of economic and cultural modernization in the country. In the years leading up to 1953, change was brewing in the small island country. As a school principal and heir to the sultanate, Ameen Didi established the Maldives’ first political party, the Peoples’ Progressive Party, declaring education for women one of his main goals. When he was offered the sultanate, he stood up in Parliament and said “for the sake of the people of Maldives I would not accept the crown and the throne”. After a referendum declared Maldives a republic, the people elected him president on January 1, 1953. He then set out to transform the nation, enacting policies that radically altered the social and political landscape. Taken by the grand boulevards of Paris, Ameen had his engineers cut roads through the center of the inhabited islands, literally paving the way for development (and upsetting the inhabitants).

On August 21, 1953 (coincidentally, just two days after the CIA-engineered coup in Iran), then-vice president Velaanaagey Ibrahim Didi staged a coup against the president while he was abroad in Ceylon (now Sri Lanka) for medical treatment. Ibrahim Didi took over with the help of Muslim conservatives in Malé, the capital city. When the unsuspecting Ameen Didi returned to the Maldives he was taken to Dhoonidhoo Prison Island. He escaped but failed to take back power in Malé, and was beaten so severely he nearly died. The coup makers banished him to internal exile in Kaafu Atoll, where his health quickly deteriorated. He died on January 19, 1954.

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Nasheed addresses his supporters days before the election with a gleam of optimism.


Fast-forward to the present day. The events leading to President Nasheed’s overthrow in 2012, while very different, unfold in the same political context of entrenched power and resistance to democratic modernization. Existing networks of powerbrokers put the legitimacy of his administration under scrutiny because he was viewed as progressive and posed a challenge to a social order shaped by centuries of sultanate rule and decades of dictatorship in the intervening years under Maumoon Abdul Gayoom, who held power from 1978 to 2008. Gayoom styled himself president, head of the judiciary, and highest religious authority in the country, “winning” six elections in a row for the Maldivian People’s Party without an opposition candidate. As The Economist colorfully puts it: ”For three decades until 2008 the country was run by Mr Gayoom, an autocratic moderniser who made the Maldives the wealthiest corner of South Asia by promoting high-end bikini-and-booze tourism (usually on atolls some distance away from the solidly Muslim local population). He also crushed dissent, let capricious and poorly educated judges make a mockery of the law, and allowed social problems to fester, notably widespread heroin addiction”.

After a series of imprisonments totaling six years (with eighteen months of solitary confinement and other tortures) for protesting the lack of democracy, journalist Mohamed Nasheed returned from exile to win the 2008 elections, the first fair and free direct elections in the history of the Maldives. The UN High Commissioner for Human Rights Navi Pillay noted the stakes: ”Maldives will increasingly have a special role to play in the region and the Muslim world as it has pioneered a democratisation process that is both modern and Islamic?. This opportunity cannot be missed, for the benefit of Maldives and of the wider region”. Nasheed made good on the promise, delivering free healthcare, pensions for the elderly, social housing, improved transportation among the islands, and civil liberties such as freedom of expression and security of one’s person unheard of in the Maldivian context.

It is interesting to note that in Dhivehi, the native language of the Maldives, there is no word for democracy. It wasn’t until 2008, when Nasheed was running for president as candidate of the Maldivian Democratic Party (MDP), that a Dhivehi equivalent for the term came into use. Nasheed ran with the slogan “Aneh Dhivehi Raaje” which translates into “The Other Maldives.” In the Maldivian language, the phrase is often used synonymously with of the English-language term “democracy.” If Nasheed reminds us of another political prisoner turned president, Nelson Mandela, the Maldivian equivalent to the scourge of apartheid would probably be the inexorably rising levels of the oceans. With 1,192 coral islands arrayed in a double chain of 26 atolls, the highest point in the Maldives is 2.4 meters above sea level; it is the lowest-lying country in the world, eighty percent of the land surface lying less than a meter above the ocean waves.

In October 2009, Nasheed grabbed the world’s attention by holding a cabinet meeting underwater, with ministers in scuba gear sitting at a table signing documents calling on all countries to cut their greenhouse gas emissions: “We must unite in a world war effort to halt further temperature rises. Climate change is happening and it threatens the rights and security of everyone on Earth. We have to have a better deal. We should be able to come out with an amicable understanding that everyone survives. If Maldives can’t be saved today, we do not feel that there is much of a chance for the rest of the world”. At the historic 2009 UN climate summit in Copenhagen, he declared Maldives’ goal of becoming the world’s first carbon-neutral country: ”For us swearing off fossil fuels is not only the right thing to do, it is in our economic self-interest… Pioneering countries will free themselves from the unpredictable price of foreign oil; they will capitalize on the new green economy of the future, and they will enhance their moral standing giving them greater political influence on the world stage”. At the talks, he and minister of environment Mohamed Aslam carried the banner of the many frontline island nations most threatened by climate change, and their principled stand and frank exchanges stand at the center of Jon Shenk’s masterful 2012 film, The Island President.

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Painting displayed at the MDP Exhibition of Public Inquiry (XOPI) following the coup. As rising seas threaten the small island country, one must ask what is already sinking. A solitary policeman stands waist deep in riot gear, suggesting the loss of justice after three years of hard-won democracy. Credit: Maldivesculture.com

The world’s climate justice and global justice communities woke on the morning of February 7, 2012 to the shocking news that Nasheed had “resigned” his presidency with the statement “I don’t want to rule the country with an iron fist?. Considering the situation in the country, I believe great damage might be caused to the people and the country if I remain President. I therefore submit my resignation as President of Maldives”. Within hours, scenes of Nasheed and MDP supporters in the streets of Malé protesting what they called a coup, and being beaten and arrested by the police and military, now firmly in the hands of his vice president, Mohamed Waheed, gave the world notice that the coup leaders had no such compunction. Waheed proceeded to dismiss the entire cabinet, named a who’s who of Nasheed’s political opponents to his own cabinet, and sought to put Nasheed on trial.

Support for the struggle against Nasheed’s departure was quickly voiced by the global climate justice community. Mark Lynas, author of Six Degrees: Our Future on a Hotter Planet, wrote in The Guardian: ”The deposed president is famous for his efforts to fight climate change, but his lifelong struggle has been for democracy – and now I fear for his safety” (February 7, 2012). Filmmaker Jon Shenk told the New York Times: ”On Tuesday, we were stunned to learn that Mr. Nasheed was forced to resign his presidency under duress. Mr. Gayoom’s supporters had taken violently to the streets and put Mr. Nasheed in an impossible position: attack your own countrymen or resign. He once again followed his conscience and stepped down” (February 8, 2012).

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The term “insurf,” repeated in the background of this colorful message, is a deliberate mis-spelling of the Dhivehi word “insaafu” which means “’justice.” “Insurf” alludes to the popular surfing spot adjacent to the MDP rally area. Credit: Maldivesculture.com


The CONI Report: Judging the Legality of a Coup

The pushback in the streets and global airwaves forced the new government to announce on February 22 the formation of a commission to investigate whether the transfer of power had been legal. When in April it named the three-person group in charge, chaired by Gayoom’s former Defence Minister, Ismail Shafeeu, the transparent hypocrisy of a government investigating itself prompted the British Commonwealth (Maldives joined in 1982) to pressure for the addition of more independent experts to the commission. This resulted in the addition of Ahmad Saeed to represent the MDP, and two international advisers, Professor John Packer from Canada for the United Nations, and Sir Bruce Robertson, a retired Court of Appeal judge from New Zealand, for the Commonwealth.

The climate justice world was shocked again on August 30, 2012, when the resulting CONI Report was finally issued, its conclusions stating:

The change of president in the Republic of Maldives on 7 February 2012 was legal and constitutional.

The events that occurred on 6 and 7 February 2012, were, in large measure, reactions to the actions of President Nasheed.

The resignation of President Nasheed was voluntary and of his own free will. It was not caused by any illegal coercion or intimidation.

There were acts of police brutality on 6, 7 and 8 February 2012 that must be investigated and pursued further by the relevant authorities.

Of these “findings,” we find the only true statement to be the last, and the called-for investigation has not taken place, despite repeated requests from the UN, Commonwealth, and Amnesty International.

The day before the Report was issued, MDP representative Ahmed Saeed resigned in protest, alleging that the Report was based primarily on evidence gathered only by the three original members, while other crucial evidence was not pursued nor key witnesses recalled, and that some of the information and testimony provided the Commission was not used in the inquiry. The Commonwealth Secretary-General Kamalesh Sharma accepted the Report’s conclusions on the spot, stating “I urge all concerned to respect the findings of the Commission so that, moving forward, all actions and reactions reflect the sense of responsibility and restraint necessary in the best national interest”. The United States and Britain welcomed the Report, which received the tacit support of much of the international community, and recommended that Nasheed and the MDP turn the corner on the coup and look ahead to the 2013 elections (just days away as we write this).

International advisors to the CONI, John Packer and Sir Bruce Robertson, praised the commission’s work: ”We have seen nothing but objective and independent professionalism in the institution. The Commission has sensibly and sensitively heard all who wanted to make a contribution. It has firmly and fairly held participants to telling what they had heard and seen for themselves and deflected them from conjecture and speculation without facts.” In a pointed reference to Saeed’s resignation from the Commission, they stated: ”The nation has been well served by the Commissioners and any assertions of bias or lack of objectivity leveled against those remaining have no justification. They reflect badly on those making unfounded allegations”. One wonders what impact Waheed’s long career with the UN might have made on the perceptions of events by international outsiders.

The day after the Report came out, Nasheed held a press conference, and observed: ”Now we have a very awkward situation and in many ways very comical, where toppling a government by brutal force is taken as a reasonable course of action ? accepted as long as it comes with an ‘appropriate’ narrative. I still believe CONI has set a precedent away from the simplicity of using ballots to change a government?. Peaceful political activity will continue, the CONI report is not the end of the line” (a composite of two accounts of the speech: http://www.theguardian.com/commentisfree/2012/sep/09/maldives-coni-report-predictable-outrage and http://www.maldivesculture.com/pdf_...t-CoNI-Press-Conference-Mookai-Hotel-Male.pdf).

We have had access to some of the above missing pieces, including MDP perspectives and several of the interviews conducted for the Report. In addition, former minister of environment Mohamed Aslam generously consented to an interview when one of us visited the Maldives in May. We want to make the world aware of the fatal flaws in the Report, and of the very real threats the Waheed government and other opponents of Nasheed pose to fair and creditable elections on September 7. Here are our findings.

We start with two independent legal evaluations of the CONI Report, both of which unequivocally find the Report deficient. The first of these, “A Legal Review of the Report of the Commission of National Inquiry (CONI) Maldives,” was issued on September 6, 2012 by Ms. Anita Perera and Mr. Senany Dayaratne, lawyers working with the Supreme Court of Sri Lanka, and Mr. Shibley Aziz, a former Attorney General of Sri Lanka. This document clearly rejects the CONI Report for its reliance on “evidence hastily gathered” while disregarding “[m]aterial and evidence of vital significance.” It concludes “there was in fact adequate evidence to suggest that duress (or even ‘coercion’ and/ or illegal coercion as used by CONI) is attributable to the resignation of President Nasheed, and as such, CONI could not have reasonably satisfied itself on objective criteria, that the specific pre-conditions necessary for a determination that President Nasheed resigned of his own free will, have been met”.

A second independent report considers the events in light of international law, and is based on facts independently gathered on a field trip to the Maldives. Issued on July 16, 2012, before the CONI Report, its title presages its main findings, “Arrested Democracy: The Legality under International Law of the 2012 transfer of power in the Maldives and alleged human rights violations perpetrated by Maldivian security forces.” Its authors, Dr. Anders Henriksen, Associate Professor of Public International Law at the University of Copenhagen, Legal Adviser and Deputy Head of Division at Danish Ministry of Justice Rasmus Kieffer-Kristensen, and Jonas Parello-Plesner, Senior Policy Fellow at the European Council on Foreign Relations, conclude that:

President Nasheed resigned as President of the Maldives under duress, and that his resignation cannot be considered voluntary or otherwise ‘in accordance with law’.

The revolt of the Maldivian Police and the seemingly unwillingness or inability of the Maldivian Military to restore law and order left the President with no choice but to accept the demand for his resignation that was put before him in mid-morning on February 7th, 2012. To the extent that a ‘coup d’etat’ can be defined as the ‘illegitimate overthrow of a government’, we must therefore also consider the events as a coup d’etat?.

We also conclude that the Maldivian security forces have committed a number of human rights violations in the months that have passed since the transfer of power?. The acts of the security forces have had a “chilling effect” on the enjoyment of fundamental freedoms in the Maldives.

The CONI Report was fatally flawed from the start, pace Professor Packer and Sir Bruce, with the appointment of a commission consisting of three Gayoom loyalists: Two of them, the chair, Ismail Shafeeu (Gayoom’s former Defence Minister), and Dr. Ibrahim Yasir, were allegedly involved in hiding parts of the investigation report of 2003 Maafusi Jail shootings, an extremely important event in Maldivian history. The additions to the committee spurred on by condemnation of its biased composition did not overcome this bias: Justice G.P. Selvam of Singapore, who became co-chair of the CONI Report with Shafeeu, rose through the ranks under the Lew Kwan Yew dictatorship, doing what the regime required against its political opponents and human rights campaigners. There are a number of Singapore-Maldives business partnerships involving Waheed’s current vice president, Mohamed Waheed Deen, and Maumoon’s former Foreign Minister, Fathuhulla Jameel with wealthy interests in Singapore. Also, it has been suggested millions of dollars that were stolen from the Maldives by the Gayoom brothers, Maumoon and Yaameen, and invested in Singapore.

Anatomy of a Coup, or, the Charging Bull at the Door

Coups don’t happen without a well-planned coterie of opponents of the government, a pretext and public perception that something has discredited the government, and the backing of the social forces that hold the means of violence. This scenario obtained in the cases of the tragic end of Chilean democracy on September 11, 1971, the July 2013 removal of President Morsi in Egypt, and the events of February 6-7, 2012 in the Maldives.

The political and economic allies of the long-running Gayoom dictatorship never accepted the results of the 2008 election, and through the whole of Nasheed’s tenure waged a dirty campaign to regain power. Imagine a United States in which the Green Party came to power through a well-executed grassroots campaign inspired by hope – real hope – that the ills of American society and politics could be frankly addressed. Then imagine what might happen in the following eighteen months: it would be money and violence against people power and openness. It would get nasty. This gives some idea of what Nasheed and the MDP were up against when they came to power in 2008.

To establish the full context of the events would require a detailed and lengthy analysis of the struggle for power between Nasheed and the political remnants of the Gayoom dictatorship, marked by a series of circumstances that include the consequences of the failure of the Judicial Service Commission, appointed after the 2008 elections, to set new standards for service as a judge, and the subsequent removal of pro-Gayoom Chief Justice of the Criminal Court, Judge Abdulla Mohamed, by Nasheed on January 16, 2012 (the judge had repeatedly failed to prosecute corruption cases against the elite, including Gayoom himself). The backlash to this from the pro-Gayoom parties and individuals took the form of a campaign to slander Nasheed as un- or even anti-Islamic. This touched off twenty-two consecutive nights of protest anti-Nasheed protests. A secret meeting of members of the opposition took place on January 31, 2012 at the residence of Nasheed’s Vice President Waheed at which they pledged their allegiance to him and stated that President Nasheed was no longer considered ‘the legal ruler of Maldives’. In a quite extraordinary move one of the leading opposition figures even called on the police and the army to also pledge their allegiance to the Vice-President ‘and not to implement any order given by’ the President”. Events moved very quickly after this.

mdp-flags-dawn-0011-e1379087885455.jpg


If a picture is worth a thousand words, then the competing artistic representations of the transfer of power could fill volumes. In August 2012, the government-backed Islamist Adhaalath Party organized an exhibition at the National Art Gallery, opened by President Waheed himself. Sixty pieces were displayed under the theme, “Fall of a regime: An Artist’s View,” all created by a single artist and painted over the course of just one month. Some of the paintings were direct copies of photographs with MDP colors and supporters omitted. This attempt to paint the “appropriate narrative,” as Nasheed had characterized the CONI report, literally mirrors the “timeline” of events released by original members of the CONI commission before the investigation actually took place.

In all likelihood, the Waheed-sponsored paintings were commissioned in response to an earlier announcement by MDP supporters who were independently planning an Exhibition of Public Inquiry (XOPI) at the grounds of the Malé City Council. The theme of this exhibit, “Truth Is Ours,” challenged the CONI narrative by giving space to a wide range of artists to reflect on the events leading up to and following the coup. One artist, Fazail Lutfi, explains: ”I am participating because this is another venue to express my thoughts and feelings about the coup, freedom, liberty and justice. At a time when our freedoms to assemble and express are getting limited, this space suddenly becomes very important to me”. In contrast with the repetitive images of “peaceful” anti-Nasheed protests set against the whitewashed walls of the National Art Gallery, an ominous sculpture lingered at the XOPI grounds. The description reads: “Grasping to comprehend the reality of the situation and describe something so phantom and menacing in my head was the image of a charging bull at the door.”

The charging bull reared its ugly head again when Nasheed was accused of the unconstitutional arrest of Judge Abdulla Mohamed under Article 81 of the Penal Code, a crime that carries a maximum sentence of three years in jail. If found guilty, Nasheed would be banned from the upcoming elections that are now set for September 7, 2013, as well as any future elections in the Maldives.

Both MDP supporters and the international community deemed the allegations as politically motivated and an obvious attempt to prevent Nasheed from contesting the presidential elections. On March 28, 2013, Azim Zahir, from Transparency Maldives, a local NGO monitoring the elections, warned: ”As was seen following the recent arrest of President Nasheed [on October 8, 2012], if he is prevented from running, violence will likely break out distorting the electoral environment if not making it inhospitable for democratic elections”. In a May 21, 2013 report, UN Special Rapporteur Gabriela Knaul expressed “deep concern” over the impartiality of the judiciary and the fairness of the proceedings against Nasheed.

On July 18, 2013, with mounting pressure from Transparency Maldives and the international community, the Elections Commission reluctantly accepted Nasheed’s candidacy. In a statement to the press, Nasheed said, “we have submitted the election forms and begin the task of restoring democracy to our country. It has been a slippery slope but we have come a long way. Despite all the barriers and hurdles that were put in our way, we never gave up.” As election day draws nearer, the streets of Malé city are paved with yellow confetti, the color of the MDP.

Maldives at the Crossroads

Maldives now stands at a crossroads where the people are being asked to choose between Nasheed, Waheed, and two other candidates with links to the Gayoom dictatorship and the Islamists: in effect a popular referendum on the CONI Report and the candidates’ competing visions for the future of the Maldives. Moreover, the whole process is unfolding in a “political context of crisis of legitimation, uncertainty of democratic transition, existing polarisations and other challenges that have been aggravated by the controversial transfer of power on 7 February 2012″.

Nasheed’s campaign has been a model of grassroots organizing, literally a “Door to Door” campaign with a thousand volunteers committed to visiting every family in the country. Nasheed himself has touched all the main island groups in well-prepared meetings with the people, a detailed campaign platform, openness to the media, and by generating a massive amount of genuine passion and enthusiasm on the ground. The campaign reports that it has received pledges of votes from 125,000 of the 240,000 eligible voters in its door to door canvas, while registering thousands of new voters: the median age in the Maldives is 26 and the MDP’s campaign is by far the most media-savvy. ”Statistics and the smiles of the people” portend victory, Nasheed says. All of this bodes well.

While the MDP has campaigned hard to secure the votes necessary to win in the first round, there are several factors to consider that could mitigate this outpouring of public support.

1. The MDP will have to win in the first round for Nasheed to be successful. The anti-Nasheed vote will be split among the three opposition candidates – Waheed, billionaire Gasim Ibrahim of the Jumhoree [Republic] Party, and Gayoom’s brother Abdulla Yameen for the Progressive Party of the Maldives (PPM) — an advantage for the MDP. But if Nasheed fails to clear the 50 percent hurdle, it is probable that all three would ask their supporters to vote for the one still in the running on the second round, scheduled for September 28.

2. There is a danger that “irregularities” could occur in the election process. Leaving aside Gasim’s promises of an iPad and laptop for every schoolchild and other material goods for every family if he is elected, and the PPM’s unsuccessful effort to delay the election by claiming, without a hint of irony, that it is not free and fair process, there remain the unreformed institutions staffed by loyalists in the old regime or the current administration who will police, conduct, and investigate allegations of impropriety. Due to what appears to be sufficient attention from the United Nations, United Kingdom, European Union, and other observers, and the local efforts by Transparency Maldives, however, these elections seem set to be the most transparent yet.

3. The various dirty tricks of the opposition, which include attacking the MDP manifesto promise that the state will make a revenue of MVR 72 billion [US$4.6 billion] through the tax system as a set of empty promises (another irony in that the other three parties have failed altogether to put forth campaign platforms). The PPM has criticized Nasheed in the past for taking out international loans and competing political parties rally around the claim that Nasheed ran the Maldivian economy into the ground. There also remain the self-serving appeals to voters regarding Nasheed’s alleged lack of respect for Islam compared with the faith of his opponents (all of these issues are addressed by one of the most astute political analysts in the Maldives, Dr. Azra Naseem at her excellent website — Dhivehi Sitee [Maldivian Letter] — Life in the time of coup d’état : Maldives, at http://www.dhivehisitee.com/election-2013/).

The stakes are high. This may be Maldivians’ last chance to set out on the path of democracy again. In Chile, the Pinochet dictatorship traumatized a whole generation after the coup that brought him to power. This must not happen in the Maldives. Not only is the future of its people at stake, but the possibilities for a future of global climate justice will be affected by the outcome of this election and the parliamentary elections of 2014.

If Nasheed and Aslam represent the Maldives once again at COP19 UN climate summit in Warsaw this November, the balance of forces now tilted so heavily toward the 1%, and thus to the climate catastrophe dictated by their business as usual attitude, will shift-at least to some degree-back in the direction dictated by science and championed by 99.99 percent. All eyes should be on the Maldives on September 7. Let us not be caught unaware of what’s happening at this epicenter of the struggle for a better world.

Coda

The September 7 vote was won by ex-president Mohamed Nasheed of the Maldivian Democratic Party, who took 45.5 percent of the vote in a heavy turnout of 88.4 percent of registered voters, judged free and fair by all observers. Abdulla Yameen of the Progressive Party of Maldives edged out Qasim Ibrahim of Jumhooree, 25.35 percent to 24.07 percent, less than 3,000 votes out of 211,890 cast. Incumbent president Mohamed Waheed suffered a humiliating defeat with just 5.1 percent, “the lowest vote received by any sitting president in the world”. Nasheed won everywhere, but fell short of the outright majority needed to win on the first round (thereby failing to pull of his campaign slogan “Ehburun” (In One Round), even though in the last week of the campaign MDP supporters were using it to say “Hello” to each other. As the maneuvering begins for the second round on September 28, Maldivians-and the climate justice world-must hold their breaths.

http://www.counterpunch.org/2013/09/13/maldives-at-the-crossroads/
 
In Latest Snag, Police Block Maldives Vote For President


NEW DELHI — The police in the island nation of Maldives blocked a rescheduled presidential election on Saturday, setting the stage for a potential constitutional crisis if there is no replacement for the current president when his term runs out in November.
Election commission officials said they could not carry out the planned vote because the police had surrounded the commission’s offices in the capital, Male, and would not allow personnel to do their work.

The police said they had been forced to act because some candidates had not approved the voter rolls.

The abrupt cancellation has further dimmed prospects for democracy in Maldives, a country of 350,000 in the Indian Ocean that held its first democratic elections in 2008 after decades of autocratic rule.

The democratic upheaval began with the resignation last year of the country’s first democratically elected president, Mohamed Nasheed, under circumstances that his supporters describe as a coup.

A presidential election was held in September, and Mr. Nasheed won the largest number of votes, 45 percent. But the results of that vote, which were supposed to lead to a runoff, were annulled after one of the losing candidates complained of irregularities.

N. Manoharan, a Delhi-based political analyst, called the cancellation Saturday “an institutional failure.” He added that, though voters were enthusiastic about participating, “the scales are tilted against democracy.”

Britain’s foreign secretary, William Hague, said new delays “will be seen as nothing less than an attempt to frustrate the democratic process,” according to Reuters.

Hamid Abdul Ghafoor, a spokesman for Mr. Nasheed’s party, said constituencies within the police, judiciary and security forces remained sympathetic to the country’s former autocratic leader, Maumoon Abdul Gayoom. Mr. Ghafoor said those groups had worked together to hamper a democratic transition.

“There is a mandate developing for the international community to intervene and restrain these undemocratic forces,” Mr. Ghafoor said. “We are in no man’s land right now.”

Late Saturday, President Mohamed Waheed Hassan proposed that the new vote be held next Saturday.

http://www.nytimes.com/2013/10/20/w...esidential-election-in-the-maldives.html?_r=0

Maldives opposition protest over vote cancellation

Opposition supporters in the Maldives have staged protests after police intervened to stop the presidential election from taking place.

Police prevented ballot papers from being sent out on Saturday, saying two of the three candidates had failed to approve the registry of voters.

The elections commission has accused the police of exceeding their mandate

The Maldives has been in turmoil since ex-President Mohamed Nasheed was ousted in disputed circumstances in 2012.

The first round of the election, held earlier this month, was won by Mr Nasheed, the Maldives' first democratically elected president.

But that result was annulled and the second round of voting postponed amid allegations of electoral fraud, although international monitors said the process had been free and fair.

Mr Nasheed has been leading the peaceful protests in the capital, Male. His supporters blocked a main road, drinking tea and eating snacks in a display of civil disobedience.

Protesters spread out banners calling for the election to take place immediately and asking, "where is my vote".


Neighbours in the region have called the move an "attempt to stall the democratic process"
The current president, Mohamed Waheed Hassan - who had already pulled out of the leadership race after performing badly in the annulled first round - has proposed that the re-run be held on 26 October.

"I hope that over that week, any outstanding problems will be ironed out," he told the Associated Press, saying he wanted to ensure a new president was installed before the end of his term on 11 November.

'Threat to democracy'
The two remaining presidential candidates - Gasim Ibrahim and Abdulla Yameen - have been fighting for the re-run not to take place. Late on Friday, they sought an injunction against the election at the Supreme Court.

They complained that they had not had time to endorse the registry of voters - a newly introduced requirement.

The court did not issue an injunction but nor did it give a clear instruction for the election to go ahead.

On Saturday, electoral commission head Fuwad Thowfeek said police had entered his offices and were stopping officials distributing election materials.

Mohamed Nasheed in Male, 18 October 2013
Mohamed Nasheed was first elected president in 2008
Police spokesman Abdulla Nawaz said the election was stopped because the commission did not comply with a court order to have the voters' list endorsed by all candidates.

But Mr Thowfeek accused them of exceeding their mandate.

"We are very much concerned about what is going on in this country. The Supreme Court decision does not ask police officers to look into the voters' list and check what is there," he told reporters.

The cancellation caused alarm among the country's international partners.

India's foreign ministry said it was "seriously concerned at attempts to stall the democratic process", while a US embassy official in Sri Lanka said the delay "represents a real threat to democracy in Maldives".

UK Foreign Secretary William Hague said he was "deeply dismayed" and called for the democratic process in the Maldives to be allowed to proceed.

Commonwealth observers in the country also issued an angry statement denying suggestions by the police that they had sought Commonwealth advice before stopping the election.

http://www.bbc.co.uk/news/world-asia-24598052

Police stop Maldives vote, India 'seriously concerned'

Malé (Maldives) (AFP) - Police in the Maldives forced the postponement of Saturday's presidential polls, declaring the vote illegal in a decision that sparked international concern.

The Elections Commission just hours earlier had announced the vote would go ahead as planned despite 11th-hour court challenges by two candidates who were expected to lose to a former president.

"We continued with preparations for voting, but the Maldives Police Service have said no documents connected to the election can leave the commission?s offices," Commission Chairman Fuwad Thowfeek said, adding a new election date would be announced later.

Regional power India issued a strongly worded statement expressing deep disappointment over the cancellation of an election that had international support.

"India and the international community have been closely watching the developments in Maldives and are seriously concerned at the attempts to stall the democratic process," the Indian foreign ministry said in a statement.

New Delhi demanded that Maldivian authorities make sure a fresh election is held without delay to ensure a president is in office by the constitutionally mandated November 11 deadline.

The outgoing president Mohamed Waheed called for the elections to be held next weekend, in a statement released late on Saturday, adding he was "concerned about the delay in holding election as planned".

He urged the Elections Commission to hold discussions with all candidates to find a way to ensure the presidential election takes place next Saturday.

Police spokesman Abdulla Nawaz told AFP they had considered it illegal to stage the election this weekend in violation of a Supreme Court order requiring all candidates to approve electoral lists.

"Only one candidate had signed the voter register and therefore it would have been a violation of the Supreme Court guidelines for the election to go ahead," Nawaz said.

The court last week annulled the first round of voting on September 7, citing irregularities -- even though international observers said the polls were fair -- and ordered a re-run.

Former president Mohamed Nasheed won 45.45 percent of the vote in September -- short of the 50 percent threshold needed for outright victory.

Dozens of his supporters shouted anti-government slogans outside the parliament in Male and some sat on a sidewalk holding a banner asking: "Where is our vote?"

But there were no reports of violence in the rain-soaked capital where it was a long holiday weekend.

Nasheed's Maldivian Democratic Party (MDP) slammed the latest scuttling of the elections and called for foreign intervention in the young democracy.

"We see a clear mandate for the international community to intervene and to restrain these undemocratic forces that are preventing a peaceful democratic political transition," MDP spokesman Hamid Abdul Ghafoor told AFP.

He said an "interim arrangement" should be sought through international intervention, but did not elaborate.

A US diplomat expressed concern over the latest obstacle to an election seen as vital to restore stability.

"The failure to hold elections this morning represents a real threat to democracy in the Maldives," said the diplomat, asking to remain unnamed.

The election was meant to end political tensions that followed the controversial downfall of Nasheed, in February last year, but it has caused more instability in a country that embraced multi-party democracy in 2008. The 46-year-old says he was ousted in a coup involving rogue police elements.

Nasheed, the frontrunner for the latest polls, insisted Friday the election go ahead as planned, dismissing the challenge by business tycoon Qasim Ibrahim, who came third in last month's aborted poll, and Abdullah Yameen, who was a distant second.

The police announcement meant the Elections Commission could not transport some ballot boxes to remote islands in the archipelago of 1,192 coral islands scattered across the equator.

The election was to be held in the 202 inhabited islands as well as some tourist resort islands where Maldivians are employed in the country's biggest income generator.

Yameen, half-brother of the islands' long-time ex-ruler Maumoon Abdul Gayoom, won 25.35 percent of the votes in September's poll and would have faced Nasheed in a run-off but the decision to order a re-run allowed third-placed candidate Ibrahim to rejoin the contest.

Gayoom ruled the Maldives for 30 years until he lost the first democratic election in 2008 to Nasheed. But observers say Gayoom's supporters still control key power levers such as the judiciary and do not want to see Nasheed return to office.

Outgoing president Waheed, who replaced Nasheed but is not running again, had promised a smooth transition of power. He was humiliated in the September 7 vote, winning just over five percent of ballots.

http://au.news.**********/world/a/19463585/maldives-police-force-postponement-of-vote/
 

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