Cabinet reassesses Maldives’ membership in Commonwealth as UK welcomes talks

The cabinet has decided to reassess the Maldives’ membership in the Commonwealth following repeated threats to leave the inter-governmental organisation.

President’s office spokesperson Ibrahim Muaz Ali told the press today that government “needs to explain to the people how much the country benefits from being part of the Commonwealth.”

“That is what the government is going to reassess,” he said, adding that the government will consider the assistance and benefits the country has received since joining in 1981 as well as the Maldives’ present role in the organisation.

Ministers recommended the reassessment to President Abdulla Yameen at today’s cabinet meeting, he said.

Muaz, however, stressed that the cabinet has not decided to leave the Commonwealth.

Earlier this month, foreign minister Dunya Maumoon said the Maldives “will seriously consider its membership at the Commonwealth” if it is placed on the agenda of the Commonwealth Ministerial Action Group (CMAG) for a second time in four years.

Some Commonwealth members had pushed for the CMAG to assess alleged violations of the Commonwealth’s principles by the Maldives over the widely criticised imprisonment of former President Mohamed Nasheed.

However, the Maldives was not placed on the CMAG agenda despite “efforts made by some of the most powerful countries in the Commonwealth to place the Maldives on the group’s agenda and harm the nation,” the foreign ministry said on July 5.

But former foreign minister Dr Ahmed Shaheed said that the CMAG only granted the Maldives further time to “sort out [the] mess Maldives is in.”

In mid-June, Canada had called on CMAG to “urgently put the deteriorating situation in the Maldives on its formal agenda.” The Commonwealth’s democracy and human rights arm can recommend measures for collective action to restore democracy and constitutional rule.

Diplomatic pressure has been mounting on President Abdulla Yameen to release Nasheed and other jailed politicians, including two former defence ministers and a ruling party MP.

UK “closely involved”

Meanwhile, in response to a question posed by Karen Lumley, conservative MP for Redditch, at the House of Commons on Tuesday, minister of state at the foreign and Commonwealth office Hugo Swire said the British government remains “deeply concerned by the situation in the Maldives.”

He noted that Prime Minister David Cameron had called for Nasheed’s release from custody as well as all-party talks to resolve the six-month long political crisis.

Nasheed’s Maldivian Democratic Party (MDP) is currently engaged in talks with the government. At the third meeting of the talks this week, MDP representative Ibrahim Mohamed Solih suggested that the opposition leader could be freed on July 26, when the Maldives marks 50 years of independence from the British.

Nasheed was transferred to house arrest in late June after the opposition backed a constitutional amendment that will allow President Abdulla Yameen to replace his deputy.

Swire meanwhile welcomed Nasheed’s transfer to house arrest and the ongoing political dialogue. “We hope the talks will provide the basis for progress on the numerous concerns within the Maldives,” he said.

Asked if he believed the Commonwealth should take action against the Maldives, Swire noted that the UK is not a member of CMAG.

“I have discussed these matters with the Commonwealth Secretary General,” he said.

“I understand that there has been a telephone conversation between CMAG members and that they keep the situation under continuous review.”

John Glen, conservative MP for Salisbury, urged the UK government to “resist complacency on the Maldives,” suggesting that “the current regime seems also to be a recruiting sergeant for ISIL in the Maldives.”

“There will come a time when the government will need to stand clearly on the right side of the argument and intervene more fully to secure justice in that country,” he advised.

In response, Swire said he has recently discussed the Maldives with the Indian foreign secretary and the US assistant secretary of state.

“Both my right honourable friend the Prime Minister and I have met Mr Nasheed’s wife, and Amal Clooney and other members of Mr Nasheed’s legal team, to discuss the situation. We are closely involved,” he said.

Asked about possible sanctions on the Maldives in late June, Swire had said that the UK government has not “discussed the possibility of sanctions with international partners, though we are keeping all options under review.”

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UK PM is first head of government to call for Nasheed’s release

British Prime Minister David Cameron has urged the Maldives to release jailed ex-president Mohamed Nasheed and other political prisoners.

Cameron is the first head of government or state to demand Nasheed’s release. In a tweet following a meeting with Nasheed’s wife Laila Ali and lawyer Amal Clooney in London on Wednesday, he also called for political dialogue in the Maldives.

Cameron’s tweet appears to signal an important shift in the UK government’s stance on the Maldives. While the UK has continued to raise concern over the apparent lack of due process in Nasheed’s rushed trial on terrorism charges, it had previously stopped short of calling for the opposition leader’s release.

In 2011, Cameron described Nasheed as his “new best-freind.” His Conservative Party has helped Nasheed’s Maldivian Democratic Party with election campaigns and party building.

Nasheed has since been transferred to house arrest for eight weeks on the doctor’s advise. The opposition leader’s imprisonment had triggered a political crisis with daily protests and the arrests of hundreds of opposition supporters.

Diplomatic pressure has been growing on President Abdulla Yameen’s regime over a deteriorating human rights situation in the Maldives.

US Senators John McCain and Jack Reed, who chair the Senate Armed Forces Committee, on June 2 urged the US government to press for the opposition leader’s release and warned that the Maldives’ decisions are “having serious adverse consequences on its relationships abroad.”

In April, the EU parliament adopted a resolution calling for Nasheed’s freedom, and requested member countries to warn travelers on the human rights situation in the Maldives.

According to a statement by Nasheed’s office, Laila also met with Hugo Swire, the minister of state, foreign and commonwealth office on Wednesday.

In April, Laila also filed a petition with the UN working group on arbitrary detention requesting a judgement declaring Nasheed’s detention illegal and arbitrary. The UN has now asked President Abdulla Yameen’s government for a response.

Nasheed’s transfer to house arrest this week appears to be a first step towards political reconciliation between Yameen’s government and the opposition.

President Yameen maintains he has no constitutional authority to release Nasheed, and says he must exhaust all appeal processes before a clemency plea could be considered.

On June 18, the government announced it had hired a law firm owned by Cherie Blair, the wife of UK’s former prime minister Tony Blair, to “strengthen the legislative framework of the government.”

Meanwhile, UK MPs continue to raise concern Nasheed’s imprisonment at Westminster. Most recently, on June 23, a Labor MP asked for an update on the current political situation in the Maldives.

In a written reply, Swire said he has been in touch with foreign minister Dunya Maumoon and that the UK government receives regular reports on the Maldives, including from the High Commission in Colombo.

“I called Foreign Minister Dunya on 11 June to press for an even handed government response. We understand that the protests remained largely peaceful and were conducted in accordance with police instructions. Nevertheless, twelve men including Mr Ahmed Mahloof MP were arrested,” he said.

“We have expressed our concerns about the rushed trial of former President Nasheed, which appeared to contravene the Maldives’ own laws and practices, as well as international fair trials standards. Nasheed sought for clemency from the President on 15 June.

“The UN Working Group on Arbitrary Detention is currently investigating his case. We are also concerned at the arrests, trials and convictions of other opposition figures and that these also fail to meet local and international standards,” Swire added.

Correction: This article’s headline previously read that the UK Prime Minister is the first head of state to call for Nasheed’s release. PM Cameron is head of the government, not the state. 

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UK foreign office expresses concern over Maldives’ human rights situation and Rilwan disappearance

The UK Foreign and Commonwealth Office (FCO) has expressed concern over the human rights situation in the Maldives, as well as the disappearance of Minivan News journalist Ahmed Rilwan.

“We are also concerned by reports that parliamentarians, human rights advocates and journalists have recently been the target of death threats, and by the disappearance and apparent abduction of one journalist on 8 August,” said Minister of State at the FCO Hugo Swire.

Swire’s comments came in response to a written question submitted by Conservative Party MP Karen Lumley.

The minister expressed concern over freedom of religion, rule of law, and women’s rights, as well as reports of death threats made against a number of politicians and MPs in recent months.

Former health minister Dr Mariyam Shakeela is the latest to have reported having received death threats. Similar messages have been received by multiple journalists and politicians, including Jumhooree Party leader Gasim Ibrahim.

Rilwan, 28-years-old, was last seen on the Malé-Hulhumalé ferry on August 8, just minutes before his neighbours saw a man fitting his description forced into a car outside his apartment.

“Officials at our high commission in Colombo, which is also accredited to the Maldives, have raised concerns on human rights, as well as the recent threats and this reported disappearance, with the Maldives Government,” reported Swire.

“We have also urged them to ensure that those responsible are prosecuted as appropriate. The Maldives Government has expressed deep concern following the disappearance, and noted that they are committed to ensuring the safety and security of all Maldivians,” he continued.

While Rilwan’s disappearance has been highlighted by many international groups – including the UN, Reporters Without Borders, and the Committee to Protect Journalists – the FCO’s comments mark the first time the case has been mentioned by a foreign government.

There is little information regarding Rilwan’s disappearance despite a MVR200,000 reward being offered by his family and a petition signed by 5000 people submitted to the People’s Majlis.

The petition called upon the legislature to find answers to questions regarding the police’s investigations. Similar concerns regarding the investigation’s progress have been raised by the Human Rights Commission and civil society groups.

After police released a statement on Thursday night (August 4) – claiming it had questioned 318 individuals, interrogated 111, and searched 139 locations – Rilwan’s family voiced concerns over the case’s progress.

“These are just statistics. We want to find him. We want the police to tell us if they have leads, if there is progress,” said Rilwan’s brother Moosa.

“We want to know what the results of these extensive searches are. It’s been a month, my family and I fear for his life.”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“Unprecedented expansion of judicial powers”

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

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

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

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

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

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

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

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

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

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

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Q&A: UK’s FCO State Minister Hugo Swire

Hugo Swire is Minister of State for the UK’s Foreign and Commonwealth Office (FCO). Swire was previously Minister of State in the Northern Ireland office 2010-2012, before moving to the FCO with responsibility for Latin America, Cuba, Australasia, Commonwealth countries and now Sri Lanka and the Maldives.

JJ Robinson: Following the recent election are there any concerns about a potential authoritarian reversal in the Maldives, given that many of the same cabinet have been reappointed, including senior figures during Gayoom’s regime, and that the new Foreign Minister is the daughter of the former 30 year autocrat?

Hugo Swire: They’ve only made five appointments so it’s early days. In a small community you have the political class is a small pool to choose from, so you would expect to continuity to some extent.

Regarding the new government, we’ve issued our congratulations. It’s clear how we felt about the delayed elections – we felt that was wrong and we made our views very clear. But at the end of the day what we wanted were clear, transparent and fair elections. I’ve spoken to a number of people and election observers, and they say unanimously these elections may have been delayed, but they were transparent and fair.

It’s not for us to tell a sovereign government how to put together their cabinet. I had lunch with the new foreign minister and I find her very agreeable and very positive, and I’m sure she’s someone we will work together with very closely. I also met the acting Foreign Secretary; we are getting to know them and talked about areas of mutual concern. A good start – I’m the first minister to be in the Maldives following the recent general election, and I’m proud the UK was here first.

JJ: Some observers, while praising the conduct of the polls, have also privately questioned their fairness given the high level of Supreme Court involvement in deciding when they went ahead, the veto that was exercised over the polls on multiple occasions by candidates due to the Supreme Court’s judgement, obstruction on one occasion by the police, and finally the delay by a week which saw the winning coalition negotiation reached. Given that the polls were credible, to what extent to you consider them to have been fair?

HS: At the end of the day we saw a very high turnout – one which many countries such as the UK would be very proud to achieve, which shows that this is a maturing democracy where people engaged in the system. They’ve come up with a solution, there have been no complaints to us or the international community about the transparency or fairness of the elections, and there were a huge number of observers here.

We thought the elections should not have been delayed and we made our position very clear as I’ve said. At the end of the day I like to look forward, and we’re got these local council elections that have just been announced today that are now going to be in January, and also the Majlis elections in May.

Of course I think there are some issues with the Supreme Court’s decision requiring every candidate to sign every bit of paper, and I think that becomes very difficult with local council elections. There are issues like that which should probably be looked at

The Elections Commission has its work cut out for in over the next six months. They did a great job, incidentally.

JJ: You yourself speaking recently in the UK parliament on this topic referred to the conduct of the Supreme Court, in particular the UN Human Rights Commissioner’s statement on the behaviour of the Supreme Court and the judiciary.

What is the prospect now for judicial reform in the Maldives? Is there a need for that reform, and lastly how do you think the international community would react if, for example, the Nasheed trial was now reopened?

HS: In terms of judicial reform there is an issue with the training of judges here, of which there are about 170 around the country. Then you have the Supreme Court itself, and I know this has been an issue during the elections as to the power of the Supreme Court versus Parliament. This is something I’ve discussed with parliamentarians and others, and something that clearly needs to be resolved. I think the Commonwealth, and the UK independently, are in a good position to bring some of our expertise if asked to do so.

But at the end of the day you are dealing with a sovereign country so we’re not going to insist on anything.

In terms of your remarks about Nasheed, we’ve made it very clear that we think this is a government that has a mandate to govern in coalition and should be a government that reaches out to all. After all, an awful lot of people voted for Nasheed, and if they want to have a harmonious government going forward in the spirit they all signed up to in their speeches over the last 24 hours, we think it would be most unwise to start dividing society again by pursuing any kind of retribution or recrimination as a result of these elections. So we’re pretty clear on that front.

JJ: You mention the Commonwealth’s engagement. When the Maldives was placed on the Commonwealth Ministerial Action Group (CMAG)’s agenda (it has since been taken off), the outgoing President Mohamed Waheed declared this was something “of no concern”. Former President Gayoom has also publicly called for the Maldives to leave the Commonwealth. Do you think this is something that would damage the Maldives, or do you think the Maldives should make up its mind as to whether [being in the Commonwealth] is in its sovereign interest?

HS: I think both. I think it is absolutely the up to the Maldives to make up its mind on the subject, after all it is as you say a sovereign government and the Commonwealth is a coalition of the willing, a club of like-minded people who share common approaches and ideals; it’s not a compulsory club. But is it in the Maldives’ best interests to be in the Commonwealth? Most certainly it is.

The Commonwealth stretches across the world, it is 53 countries, trade is anything up to 50 percent cheaper to conduct inside the Commonwealth. It is a good family of nations and we’ve all signed up to the Commonwealth charter which is very strong on universal human rights. It’s a great club to be a member of and I think the Maldives should be proud of being a Commonwealth member, and I think they have a part to play.

JJ: The Maldives’ economic situation is pretty dire, and one of the ongoing challenges has been because of the democratic uncertainty up until the election, a lot of the donor aid was reticent. Do you see the Maldives receiving more bilateral aid now it has a clear democratic mandate, and what kind of aid do you think the UK might be in a position to provide?

HS: Putting together a coalition government when you’ve inherited a difficult economic legacy is something which is pretty familiar to us, because it’s something we did in May 2010. So I can empathise.

The International Monetary Fund (IMF) came up with five major things some time ago, and I’m not sure if they’ve been enacted in the way they might have been, such as cutting the size of the state and finding other ways to get more taxation.

I think the government has done a lot in terms of taxation and there is a wider tax base than there was before, but I think there are clearly other things they could do. The two main industries are fishing and tourism – there are up to 1500 British tourists in the Maldives at any one time so we’re a major player here. I was talking today about it – they are looking at other ways of expanding on the tourism theme, and other ways of doing it.

Clearly the economy here is dependent on just a few things. One of things [the new government] is going to look at is whether there are hydrocarbons here – drilling. I understand there was some offshore exploration some years ago. That would be a game-changer if they found oil.

In terms of international aid that is something that would be looked at by my colleagues, if the Maldives meets the criteria. But I think there are huge opportunities here that are unexploited, and the government needs to show some determination to get the budget under control and grow the economy: reducing the public sector, growing the private sector and increasing the tax take, and attracting inward investment.

It comes back to the same argument. In order to attract inward investment, you have to have a certainty and clarity for people investing, and that means judicial independence, transparency of government and lack of corruption. That’s how you attract inward investment, that’s how the UK does it, that’s the road any country seeking to attract serious investment needs to go down.

JJ: Final questioned – you mentioned oil drilling, which is one of the things the new President and his coalition partner have suggested. That would seem to move the Maldives away from this eco-friendly, carbon-neutral image that the Nasheed government sought to promote. How do you think a move towards drilling would affect the Maldives, and would it impact things like climate change donors?

HS: We do this in the UK – we consider ourselves quite a green government. We have green taxes and we promote renewable energy, biomass, offshore and onshore wind, and yet we have drilling in the North Sea. So I dont think the two are confused or conflated.

Obviously in terms of the economy, as I said, if they find oil here that is a game-changer. We did have a long discussion at lunch about alternative energy, offshore windfarms and solar, and other such ways the Maldives could meet its targets. It’s enormously important – rising sea levels represent a real threat, and after the tsunami’s various populations were relocated. Of course if you’re living here climate change is a real problem for you. But I don’t think oil drilling necessarily can be anything other than beneficial, if done in a sensitive way.

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UK Foreign Office concerned over damage to Maldives’ reputation and economy

Minister of State at the Foreign and Commonwealth Office (FCO) Hugo Swire has expressed concern that the Maldives international reputation and its economy could be damaged, in spite of the efforts of the country’s elections commission.

Members of the UK Parliament again called for a House of Commons debate on the current situation in the Maldives last week, with Conservative member John Glen taking aim at the administration of President Dr Mohamed Waheed.

“Last Saturday, presidential elections were once again postponed in the Maldives when President Waheed and his puppet interim Government of the previous elected President refused to step aside,” asked Salisbury MP Glen.

“Will the Deputy Leader of the House make time for a debate so that MPs on both sides of the House can voice their support for free and fair elections in that country?”

Glen’s request for a full debate on the delayed elections follow a similar request made by fellow-Conservative Robert Buckland the week before, who expressed his “concern that authorities are trying to obstruct the return to power of President Nasheed, who was ousted in a coup last year and who clearly won an election that was described by international observers as free and fair?”

Responding to the last week’s request, Deputy Leader of the House Tom Brake agreed that it was important for candidates to engage in a process that would ensure fair elections and a smooth transition of power.

“It is important that elections take place to a timing specified by the Maldives elections commission and in accordance with the Maldives constitution,” said Brake.

The third attempt to complete the presidential election has been scheduled for November 9, with the date for a potential second round on the 16. The constitutionally designated presidential term is set to expire on the 11th – a motion detailing transitional arrangements for the Majlis speaker to take the interim presidency were passed today (October 27).

Brake referred to the prior statement made by the UK’s Foreign Secretary William Hague who announced that he was “deeply dismayed” by the cancellation of the October 19 poll.

The Deputy Leader also pointed out that members would have the opportunity to question the Foreign Minister further during question time on Tuesday (October 29).

Meanwhile, Conservative MP Karen Lumley wrote to FCO minister Swire this week to ask him for his assessment on the Maldives

The secretary of state acknowledged that there was doubt as to whether the electoral process would be resumed.

“We are concerned that further delays could result in damage to Maldives international reputation and economy, despite the best efforts of the Maldives Elections Commission to get the process back on track,” said Swire.

“It is important that the Elections Commission, as an independent body, are given the space needed to make preparations for elections,” he continued, adding that he would be keeping a close eye on developments.

An early day motion introduced in the House of Commons earlier this month requested MPs to support calls for a free and “credible” vote, as well as condemning attempts to bar Maldivian Democratic Party candidate Mohamed Nasheed from competing in future elections.

A case filed in the Supreme Court to bar Nasheed’s candidacy has yet to be withdrawn, despite criticism from both sides of the political divide.

The United Kingdom remains one of the Maldives tourism industry’s biggest markets, although recent arrival figures show negative growth of a fall of  -6.4%  in UK arrivals this year when compared with 2012.

The FCO updated its travel advisory for the Maldives after growing unrest following the delaying of polls.

The guidance urged visitors to keep away from demonstrations: “There is no indication at present that any political unrest will affect tourist resorts or airports, but if you have any concerns you should check with your hotel or tour operator,” the statement read.

The United Kingdom remains one of the Maldives tourism industry’s biggest markets, although recent arrival figures show negative growth of a fall of  -6.4%  in UK arrivals this year when compared with 2012.

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