Reports
Report of The Observer Group of Eminent Persons
(OGEP) - Presidential Election, October 1998
CHAPTER
ONE
The Commissioner of Elections of the
Republic of Maldives invited one person each from
six South Asian countries to act as Observers for
the Presidential Election to be held on 16 October
1998. These persons representing Bangladesh, Bhutan,
India, Nepal, Pakistan and Sri Lanka arrived in Male'
on 12 and 13 October 1998 in response to this invitation.
The Group was designated by the hosts as "The
Observer Group of Eminent Persons" (OGEP). The
names and short bio-data of the Observers are given
in Annex 1.
The
invitation sent to the Observers set out their Terms
of Reference as follows.
"The Observers Group of Eminent
Persons (OGEP) shall observe all aspects of the organisation
and conduct of the Presidential Election, including
the campaign and polling arrangements, the casting
of vote, the closure of voting, the counting of ballots
and the declaration of the results, in order to ascertain
whether the election have been free and fair and in
accordance with the relevant laws and regulations
of the Maldives. Before its departure, the OGEP shall
submit to the Commissioner of Elections a report on
the election, containing such conclusions and recommendations
as it might wish to make."
The Observers were invited in their
individual capacity and not as representatives of
their governments. The Group unanimously elected Mr.
Dawa Tsering of Bhutan as its Chairman.
This was the second time in the seventy
years of elections in the Maldives when foreign observers
were invited to observe elections in this country.
The first time such an Observer Group from South Asian
countries came to Maldives for this purpose was in
1994, when the 14th General Elections of the Citizen's
Majlis was held in December of that year.
This Presidential Elections is the first
to be held under the new Constitution of the Maldives
which came into force on 1 January 1998 which was
framed after many years of deliberation by the Special
People's Majlis empowered by the Constitution.
Upon arrival the observers met the Commissioner
of Elections who presented them with the Terms of
Reference and briefed them on all other arrangements
made to ensure a peaceful, free and fair conduct of
elections as well as acquainted them with the laws
and regulations related to the conduct of the Presidential
Elections.
The Maldives have 1190 islands which
are visible points of a great sub marine ridge extending
into the Indian Ocean. The archipelago extends from
7 degrees North to just beyond the equator. These
islands are formed into 24 natural atolls and are
divided into 20 atolls as administrative units of
the Republic. Male' as the capital of the Republic
is a distinct administrative unit. Out of 1190 islands
only 203 are inhabited and the rest are uninhabited.
There are also 74 "tourist resort" islands.
90% of the inhabited islands have a population of
less than 1000. Only four islands have a population
of more than 4000. The capital Male' has the largest
population which is more than 64,000 at present.
The country's total population is 264,000
(1995 Census) with an average growth rate of 2.8%.
The entire population of Maldives is Muslim (Sunni).
The religion of the state is Islam.
Literacy is reported to be 98%. The
major economic activities of the country are tourism
and fisheries.
The Maldives has a rich history. Islam
was officially declared the religion in 1153. During
the 800 years that had passed since the people embraced
Islam all the powers of the sate were vested in the
Kings and Queens of the country. In 1558 the Maldives
were conquered by the Portuguese in their quest for
supremacy of the sea. After 15 years of the Portuguese
occupation, the Maldives was liberated by one the
sultans.
The Dutch who held neighbouring Sri
Lanka surveyed the islands of the Maldives in 1671
but never tried to invade. As British influence spread
through the Indian Ocean the sultans of Maldives maintained
cordial relations with the British allowing them to
survey the islands in 1834. The Sultans of Maldives
while acknowledging the influence of the British over
the Indian Ocean kept the British at bay. The Statehood
of the Maldives was recognized and the British had
no power to interfere with the Maldives internal affairs
although they did control external affairs and regarded
the Maldives as a Protectorate.
CHAPTER TWO
Constitutional
Development and Administrative Structure of the Maldives
It was not until 1932 that a written constitution was
formulated. This was largely based on the customs, conventions
and other administrative practices that had been followed
for centuries.
The Constitution was amended several times. With the
adoption of the Sixth Constitution, resulting in the
establishment of the First Republic the Presidency replaced
the Monarchy (Sultanate) in 1953. However, the Republic
was short-lived and the Sultanate was restored.
Full independence returned to the Maldives in 1965
with an agreement to end its status as a British protectorate.
The Maldives became a member of the United Nations in
1965 and a member of the Common wealth in 1985. The
Tenth Constitution led to the replacement of the Sultanate
and the creation of the second Republic in 1968.
The present Constitution which came into force on 1
January 1998 took many years to formulate. Chapter three
of this Constitution prescribes the qualifications for
election as President; his duties and powers etc. Article
34 of the Constitution states that a person shall be
qualified to be the President if he:
"(a) is a Muslim of Sunni following;
(b) is a citizen of the Maldives whose parents and grand
parents are Maldivian citizens;
(c) is a male who has attained thirty five years of
age;
(d) is of sound mind;
(e) is capable of discharging the duties and responsibilities
of the office of the President;
(f) has not been convicted of an offence for which a
hadd is prescribed in Islam or of criminal breach of
trust and thereby brought into dispute;
(g) is not a citizen of a foreign country; and
(h) is not married to a national of a foreign country."
Structure
of the State
Under the Constitution the powers of the State of the
Republic of Maldives are vested in the citizens. The
said powers, for purposes of governing the State, comprise
the following:
(a) the Executive (President and the Council of Ministers);
(b) the Legislature; and
(c) the Administration of Justice.
The People's Majlis (Legislature) consists of 50 members:
2 from each of the 20 administrative atolls, 2 from
the Capital Malé and 8 appointed by the President.
The People's Special Majlis is a constituent assembly,
which is convened to make amendments in the Constitution.
Its membership consists of 50 members of the People's
Majlis and the entire membership of the Council of Ministers
and 50 more members elected from Malé and the
atolls in accordance with the law. Members elected from
each constituency are equal in number to the members
elected to the People's Majlis from each constituency.
As in the case of the People's Majlis, 8 members are
appointed by the President.
CHAPTER THREE
Procedure
for the Election of the President.
A special law under the new Constitution of 1998 was
framed for the election of President of the Maldives
in accordance with the Constitution. This is called
the "Laws and Regulations on Presidential Elections".
(Annexure IV)
The law provides that the Commissioner of Elections
shall prepare a register of persons of voting age (21
years) for the Presidential Elections.
A Committee on Elections consisting of 3 persons to
advise the Commissioner of Elections in the conduct,
direction and supervision of the Presidential Elections
is constituted. The said committee is appointed by the
Commissioner of Elections in consultation with the Attorney
General. The members of the said committee should have
the qualifications required of judges.
The Commissioner of Elections upon commencement of
the last 60 days of the term of office of the President,
makes a public announcement stating that anyone wishing
to be a candidate for the office of the President should
make an application to him. The persons wishing to apply
for the said office should personally submit their application
papers to the Commissioner of Elections.
Upon expiry of the stipulated period under the law,
the Commissioner of Elections submits to the Committee
on Elections all applications received by him. The Commissioner
of Elections then determines, in consultation with the
said Committee, the persons qualified and notifies the
same to the Speaker of the People's Majlis. The People's
Majlis selects the candidate who secures the majority
of votes in the Majlis to be nominated for the general
public vote to elect the President. The Commissioner
of Elections then determines and notifies the date of
the general public vote.
In the present Presidential Elections there were five
candidates. The incumbent President secured all the
50 votes of the People's Majlis and was therefore the
candidate nominated by the Majlis for the general public
vote.
Votes in the Presidential elections shall be given
by placing on the ballot paper an affirmative or non
affirmative mark for the candidate selected by the People's
Majlis to be nominated for the general public vote to
elect the President. It is this phase of the election
that the Observer Group was invited to observe.
CHAPTER FOUR
Observations
and Recommendations
The Observers were able to see polling of votes in
Male' at all the polling stations. In the Atolls the
Observers were able to watch polling in a large number
of polling stations as listed in Annexure III.
All the polling stations were punctual in opening the
polls. The closing of the polls depended on the number
of voters waiting to cast their votes after the closing
time.
The polls were conducted in a very peaceful, orderly
and disciplined manner. Voters both male and female
waited patiently in the same queue for their turn to
vote.
The Elections staff were well trained and performed
their duties efficiently and courteously.
The name of each voter was carefully checked with the
Voters List provided to each polling station by the
Elections Commissioner.
The arrangements made by the Election staff for the
waiting voters, like all other arrangements at the polling
stations, were excellent.
The secrecy of the ballot was maintained. There were
no incidents of double or fraudulent voting which came
to the notice of the Observers.
No police or security personnel were visible in or
around the polling stations.
The arrangements made by the Commissioner of Elections
for the counting of the votes were excellent. The ballot
papers were checked and rechecked in order to avoid
the possibility of any miscalculation.
The Observers did not see and signs of campaigning
activity except for the display of photographs of the
sole candidate in shop windows and some occasional banners.
Based on their observations the Observers were of the
view that the election was free and fair and held in
accordance with the relevant laws and regulations. The
Observers were fully satisfied with the credibility
of the election process.
Recommendations
1.
Venue of Polling Stations
In general it was observed that the
polling stations were well sited in locations convenient
to the public. However, especially in the islands, it
was found that occasionally a polling station was located
in a public building directly linked with the atoll
administration.
It is recommended that in siting polling stations it
would be desirable if public buildings such as schools
or community halls not directly linked with the administration
could be used.
2.
Ballot papers
The regulations stipulate that each ballot paper shall
be in two halves which would enable one half to be stapled
and kept intact in the ballot paper book as a counterfoil.
It is recommended that in addition to a counterfoil
being maintained as required, the counterfoil may be
serially numbered. The ballot paper itself should not
be serially numbered. This could create an undesirable
link between a particular ballot paper and the voter.
The ballot paper, before it is handed to the voter,
should be stamped with the official stamp of the respective
polling station.
3.
Ballot boxes
It was observed that the ballot boxes were received
at the polling stations in a locked condition. While
the removal of the covering closing the aperture of
the ballot box was done in the presence of voters who
were there at the Opening of the Poll, it was not possible
for the officials supervising the poll to show the public
the inside of the ballot box.
It is recommended that the Officer in Charge at the
polling station be given the opportunity to display
the open ballot box to the voters at the Opening of
the Poll. If an arrangement of 'click-shut' locks could
be provided with the ballot box it would be possible
for the supervising officer to display the open ballot
box to the voter and then lock it without the possibility
of it being opened again other than by the use of the
appropriate key at the Counting Center
4.
Display or use of photographs
While photographs of the candidate for campaign purposes
were observed in public places there were a few instances
in which photographs of the candidate were found displayed
in close proximity to the polling station itself.
It is recommended that on the polling day photographs
of a candidate should not be displayed within the area
prohibited by law.
5.
Counting staff
The Group observed that some of the persons engaged
in the count of the ballot papers were members of the
People's Majlis. Since the People's Majlis plays a part
in the selection of the candidate for the 'open general
vote', it would be desirable that members of the Majlis
themselves not take part in the actual counting of votes.
Acknowledgements
Many
government institutions and persons contributed to the
success of our mission.
Many government institutions and persons contributed
to the success of our mission.
In particular, we wish to record our appreciation to
the Commissioner of Elections for the excellent arrangements
made for the Observer Group to observe the polling.
The arrangements made for our travel to the atoll headquarters
and to the islands in which polling stations were located
were exemplary. We were able to observe whatever aspects
of the election process we wished and visit whatever
locations we desired.
All government officials whom we met like Atoll and
Island Chiefs, our Liaison Officers, Protocol and Secretarial
Staff extended to us their ready co-operation and assistance
so that we were able to accomplish our task effectively.
We express to the Commissioner of Elections our grateful
thanks for the hospitality so generously extended to
us.
We would also wish to record our thanks to the people
of the Maldives for the friendly and warm manner in
which they welcomed us to their beautiful country. We
take this opportunity to wish them well in the noble
task of consolidating democracy in the Maldives.
Signatures:
Mr.
Mohammed Mohsin Lyonpo Dawa Tsering
(Bangladesh) (Bhutan)
Mr. Kuldip
Sahdev Mr. Yadab Kant Silwal
(India)
(Nepal)
Mr.
Ejaz
Ahmad Naik Mr. Bradman Weerakoon
(Pakistan)
(Sri Lanka)
Annexure I
Composition
of the Observer Group.
BANGLADESH
MR.
MOHAMED MOHSIN
"
Foreign Secretary, Government of Bangladesh (1988 -
1989),
" Asst. Secretary General, Org. of Islamic Conference
- OIC (1989 - 1997),
" Ambassador to the UAE & Bahrain (1978 - 1981),
Saudi Arabia & Jordan, Yemen, Oman, Somalia, Niger
and Permanent Representative to the OIC in Jeddah (1981
- 85),
" Ambassador to Benelux Countries and The European
Economic Community (1985 - 88),
" Member, Group of Eminent Persons (GEP), set up
by SAARC Heads of State & Government at the Ninth
Summit held in Male' (1997).
BHUTAN
LYONPO
DAWA TSERING
"
Minister for Foreign Affairs (1970 - 98),
" Minister for Development (1969 - 72),
" Security General, Development Wing (1965 - 69)
" Cabinet Secretary (1974 -98).
INDIA
MR.
KULDIP SAHDEV
Born
on December 10, 1938, Mr. Sahdev was educated at Modern
School and St. Stephens College, the premier educational
institutions of the Indian Capital.In 1963, he joined
the Indian Foreign Service. After serving in Cairo,
Washington, Tehran and Dhaka in various positions, he
served as the India's Ambassador in Vietnam, Italy and
Japan. Ambassador Sahdev has had close links with Maldives
since February 1986, when he visited Male' as a member
of Prime Minister Rajiv Gandhi's delegation.
NEPAL
MR.
YADAB KANT SILWAL
"
Secretary General of SAARC (1994 - 95),
" Foreign Secretary of Nepal (1992 - 93),
" Royal Nepalese Ambassador to Russia (1991 - 92).
PAKISTAN
MR.
EJAZ AHMAD NAIK
"
Election Observer in Nepal (1991), Seychelles (1992
and 93), Sri Lanka (1994) and Papua New Guinea (1997).
" Secretary General Economic Affairs,
" Government of Pakistan (1982 - 86),
" Planning Secretary (1979 - 82),
" Cabinet Secretary and Establishment Secretary
(1978 - 79),
" Secretary, Ministry of Commerce (1973 - 77).
SRI
LANKA
MR.
BRADMAN WEERAKOON
"
National Consultant - United Nations Population Fund
(1995 - to date),
" Presidential Advisor on International Relations
(1989 - 94),
" Secretary General IPPF (London) (1984 - 89),
" Secretary to Prime Minister (1977 - 83).
Annexure II
Terms
of Reference
The
Observers Group of Eminent Persons (OGEP) shall observe
all aspects of the organisation and conduct of the Presidential
Election, including the campaign and polling arrangements,
the casting of vote, the closure of voting, the counting
of ballots and the declaration of the results, in order
to ascertain whether the election have been free and
fair and in accordance with the relevant laws and regulations
of the Maldives. Before its departure, the OGEP shall
submit to the Commissioner of Elections a report on
the election, containing such conclusions and recommendations
as it might wish to make
Annexure
III
Polling
Stations visited by the Observer Group.
1.
All polling stations in Mal
2. Haa Alif
Dhi'dhoo
3. Haa Dhaal
Hanimaadhoo
Nolhivaranfaru
Kulhudhuhfushi
4. Laamu
Gan
Funadhoo
Gaadhoo
5. Gaaf Dhaal
Thinadhoo
Fiyori
Madaveli
6. Seenu
Hithadhoo
Feydhoo
Maradhoo
Maradhoo Feydhoo
Hulhudhoo
Annexure IV
LAW
ON PRESIDENTIAL ELECTIONS
[Law no: 1/98]
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