Author: JJ Robinson

CNI report “based on false premise that Abdulla Mohamed is a constitutionally appointed judge”: Velezinee

The Commission of National Inquiry (CNI)’s report into the circumstances surrounding the controversial transfer of power on February 7 mistakenly presumes that the Maldives has an independent and constitutionally-appointed judiciary, former President’s Member of the Judicial Services Commission (JSC), Aishath Velezinee, has stated.

The report, focused on the events of February 6 to 8, claimed there was no evidence to support allegations by former President Mohamed Nasheed that he was ousted in a coup d’état, that his resignation was under duress, or that there was any mutiny by the police and military. It dwells heavily on “unlawful orders” given by Nasheed as justification for police disobedience and protests, in particular his ordering the detention of Chief Criminal Court Judge Abdulla Mohamed by the military.

“The report, by its failure to probe the events leading up to the removal of Abdulla Mohamed and the January 2012 protests, fails to recognise the systematic breach of the Constitution by the JSC and Majlis that forced President Nasheed to use the powers of Head of State to address the issue of Abdulla Mohamed,” said Velezinee, in a detailing statement responding to the report.

“The inquiry is based on a false premise, the assumption that Abdulla Mohamed is a constitutionally appointed judge, which is a political creation and ignores all evidence refuting this,” she stated.

Velezinee noted that Article 285 of the constitution – concerning the appointment and qualification of judges on conclusion of the interim period – was discarded by the JSC in 2010 as “symbolic”, “the CNI report indirectly legitimises a judiciary where at least 196 judges sworn in by the JSC/Interim Supreme Court between 4 August and 7 August 2012 are a nullity, having been appointed without due procedure, and without fulfilling the qualifications and qualities required of a Judge under the Constitution.”

She noted that many of the “prominent lawyers” and politicians who protested the arrest of Abdulla Mohamed’s removal “were MPs with criminal cases before Abdulla Mohamed and their lawyers.”

Furthermore, “the report does not mention that many of the ‘prominent lawyers’ who protested at the removal of Abdulla Mohamed now sit in office.”

“Suspicion is further raised when it is observed that the MPs who led the January 2012 [protests] were the same MPs who had obstructed attempts to get a parliamentary inquiry [into the JSC] by disrupting Committee [hearings], and included the current Chair of the Majlis Committee,”

The report further failed to note recent observations by the UN Human Rights Committee in July 2012 substantiating the JSC’s nullification of Article 285, she noted.

In its concluding observations, the UNHRC noted “concerned at the fact that the composition and the functioning of the JSC seriously compromises the realisation of measures to ensure the independence of the judiciary as well as its impartiality and integrity.”

The Committee is also concerned that such a situation undermines the judicial protection of human rights and fundamental freedoms in the State party (art. 2 (3), 14).

“The State party should take effective measures to reform the composition and the functioning of the Judicial Service Commission (JSC). It should also guarantee its independence and facilitate the impartiality and integrity of the Judiciary, so as to effectively protect human rights through the judicial process.

The CNI report itself recognised the poor standard of the judiciary, Velezinee observed, citing from it:

Perhaps the most fundamental requirement for a vibrant democracy is the rule of law which appears weak in the Maldives. Notably, the Commission was confronted regularly by allegations of the breach of the rule of law and clear absence of confidence in the institutions which are entrusted with upholding it.

Indeed, this appeared central to the frustrations of government under President Nasheed and his own lack of recourse to the judiciary to redress grievances and settle disputes. He did not appear alone.

Despite this, Velezinee noted that the report failed to recognise “that judicial reform is a fundamental Constitutional requirement under Article 285, or comprehend the centrality of Article 285 to the establishment of de facto independence of the judiciary in a state where de jure Independence of the judiciary was first introduced with the ratification of the Constitution in 2008.”

Instead, Velezinee stated, the report “explicitly politicises judicial reform as the political agenda of President Mohamed Nasheed and the Maldives Democratic Party (MDP); and fails to note that the political pledge in the MDP’s manifesto echoes Article 285 of the Constitution and its’ obligation upon the state of Maldives.”

By concluding that Judge Abdulla was just the “focus of their antipathy and antagonism”, the report “disregards major events that led to the events of January 2012, including but not limited to:

  • Events of 2010 around Constitution Article 285 and re-appointment of Judges
  • JSC’s unconstitutional nullification of Article 285 declaring it a “Symbolic Article” and re-appointing the sitting bench without due check
  • Failure of the Majlis to hold an inquiry into the JSC’s alleged Constitution breach and loss of an independent judiciary despite a commitment to hold an inquiry given by the Independent Bodies Oversight Committee on 2 August 2010
  • The fact that amongst those MPs and other political figures leading the January protests calling to “Free Judge Abdulla”, and seen celebrating President Nasheed’s “resignation” on 7 February 2012, were those same MPs who had obstructed all attempts to probe the said issues in Majlis Committees
  • The fact that these MPs, instead of upholding their duty and establishing the truth of the matter by holding an Open Inquiry allowing me to present evidence, politicised the issue and resorted to publicly attack myself, engaging in defamation and character-assassination whilst denying an inquiry. Action that gives good reason to believe in a cover-up, and a wider conspiracy against Constitutional Democratic Government that link events of 2010 (and beyond) to the events of 7 February 2012.
  • The fact that the matter of Abdulla Mohamed being a threat to national security was known to the Judicial Service Commission, the Maldives Police Services, the Maldives National Defence Forces and the Parliament in addition to the President; and that the system had failed to hold Abdulla Mohamed accountable, or the JSC accountable. Instead the JSC and Majlis were covering up for each other.”

The CNI report, Velezinee stated, “fails to consider how the collapse of Rule of Law could possibly have been engineered by those in positions of power, despite evidence of JSC’s Constitution breaches and Majlis cover-up provided to the CNI by myself.”

“The case of Abdulla Mohamed takes a completely different turn if it is established that Abdulla Mohamed is a political plant of President Maumoon Abdul Gayoom, and is unconstitutionally retained by political influence, and placed as Chief Judge of Criminal Court by law, with the Majlis encroaching upon Constitutional powers given to the Judicial Service Commission alone,” Velezinee concluded. “Were it so, it is incumbent upon the Head of State to exercise his powers to prevent abuse of the Criminal Court by a political plant.”

“I am deeply concerned that the CNI report legitimises a dangerous precedent to permit de facto lowering of international standards despite the assurance of the highest standards of democracy as practiced in an open democratic society throughout the Constitution.”

CMAG to meet

The Commonwealth Ministerial Action Group (CMAG) is due to meet and a consider the report in the next week.

The Australian Minister for Foreign Affairs, Senator Bob Carr, on Tuesday issued a statement acknowledging its release.

Senator Carr will chair next week’s meeting of the CMAG which suspended the Maldives from the organisation’s human rights and democracy arm and placed the Maldives on its formal agenda after the events of February.

“Australia urges all party leaders to take part in discussions which pave the way to free and fair elections and strengthen Maldives’ democratic institutions,” Senator Carr said.

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Surf legend Damien Hardman wins Four Seasons Maldives Surfing Champions Trophy

The 2012 Four Seasons Maldives Surfing Champions Trophy concluded on Sunday with the top prize going to two-time world champion Damien Hardman.

The 46 year-old Australian narrowly defeated three-time world champion, US contender Tom Curren, to win the grand prize of US$10,000 – on top of his US$6000 winnings for both the Single and Twin-Fin divisions.

“I can’t remember the last time I won sixteen grand,” Hardman said, following his win, the trophy for which was presented by Defence Minister Mohamed Nazim.

“The standard of surfing was great, we’re all in our mid to late 40s but it doesn’t matter how old you are if you put the work in to maintain your fitness and ability.”

Accepting the trophy for the runner-up, Curren used the opportunity to highlight the imminent privatisation of the Thanburudhoo surf breaks – including the competition break Sultans – by the Maldives National Defence Force (MNDF).

“The break at Sultans is under threat of privatisation. There should be a consensus about that – local surfers need to be respected and the discussion needs to continue,” Curren said.

Under the proposal, Singaporean investment firm Telos would receive a 50 year lease on the military training island to develop a “boutique surf resort”, in exchange for US$5 million to develop an MNDF training facility on nearby Girifishi. Local surfers would be permitted to surf the breaks twice a month.

Maldivian surfer Hassan ‘Ibu’ Areef, who won the Four Seasons local title and a prize of MVR 25,000 (US$1621), told Minivan News that Sultans was one of the most accessible and consistent waves for local surfers, and one of the few left in Male’ Atoll that had not been privatised by upmarket resorts.

“There are limited places for local surfers to go,” he said. “If the breaks are privatised, we will have nowhere to go and practice, and private surfing businesses and safaris will also be affected. It is really sad.”

“This is not all about money; it is about enjoyment as well. These people to not really understand surfing culture. They only see a business opportunity,” Ibu said.

The privatisation of the competition-standard break would deny local surfers a home ground advantage during big competitions, he pointed out, “because we will not have been able to practice there.”

Other local surfers have also slammed the idea. In a document circulated on social media,‘Surfers’ Report on Thanburudhoo’, they argue that the island has two of the atoll’s four accessible waves (Sultans and Honkeys).

“If Thanburudhoo is a resort the only two accessible waves in the atoll are in Himmafushi (Jails) and Thulusdhoo (Cokes) – the number of accessible waves in the atoll is halved from four to two,” the document states.

Most of the waves in the atoll are claimed by their respective resorts, including Tombstones (Full Moon resort), Ninjas (Club Med Kani), Lhohis (Hudhuranfushi) and Chickens (Kuda Villingili).

Sparked by the tournament’s international media attention, the situation has begun receiving attention from surf publications around the world.

“It’s becoming increasingly clear that privatisation not only infringes on local surfers’ rights to freely access the reefs and islands they’ve inhabited and lived off for centuries,” reported South African surf news website Zig Zag.

“It also ensures any visiting surfers who can’t afford to pay the prices of these ’boutique’ resorts will instead be forced to sit shoulder-to-shoulder waiting for a set at the last two quality spots in North Malé. The knock-on effect could even lead to surf tour operations going out of business – why go on a surf trip when you’re not allowed to surf half the waves? The end result would mean locals not only lose out on waves, but for those employed by, or operating their own surf tour business, their very livelihood could be threatened,” the site reported.

Local surfers present at the Four Seasons’ event seized the opportunity to confront the Defence Minister about the proposed privatisation, following the presentations. Nazim reportedly promised further discussions.

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Habitual protests “hindering Maldives development as a modern democracy”: CNI Advisers

International advisors to the Commission of National Inquiry (CNI) – Judicial Advisor Sir Bruce Robertson and Legal Advisor Professor John Packer – have defended the commission’s independence and professionalism in the wake of criticism from the MDP’s representative.

Ahmed ‘Gahaa’ Saeed resigned from the commission the evening prior to report’s publication, expressing concern that the CNI had experienced the withholding of evidence, non-cooperation from crucial witnesses, non-examination of witnesses, witnesses being intimidated or obstructed, testimonies and evidence that was not reviewed, and misleading translations.

“Four of the five members acted at all times with independence and integrity in carrying out the important task for the future of the nation,” stated Robertson and Packer, in an appendix to the report. “The other member was not at all times willing or able to act independently and resigned the evening before the report was submitted and published.”

Saeed’s resignation created “discord and mistrust” in a community “in desperate need of reconciliation”, the pair claimed, defending the professionalism of the CNI’s methods.

“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.”

“The nation has been well served by the Commissioners and any assertions of bias or lack of objectivity levelled against those remaining have no justification. They reflect badly on those making unfounded allegations,” Packer and Robertson stated.

“For the evidence collecting exercise to have value all witnesses had to be questioned and challenged about their recollections of events and the basis for them. Equally they had to be confronted with alternative evidence so they had the opportunity to comment on it. Some found this process unsettling. Many were familiar and only comfortable with making assertions and not being required to justify or explain how they had reached their view,” they noted.

As the evidence unfolded, the advisors said they observed “a national obsession with street demonstrating at an alarming level”.

“Some would want to call [this] an example of the rights of freedom of expression and assembly. In reality it is rather more bully-boy tactics involving actual and threatened intimidation by a violent mob,” they stated.

“This perpetual behaviour is sapping public life and hindering the Maldives’ development as a modern democracy.”

The evidence revealed longstanding tensions in the Constitution as a result of a Presidential system being “grafted” on to a parliamentary system.

“The creation of independent commissions will only be the safety valve intended when they are adequately resourced and fulfil their mandates in a timely and decisive manner,” they observed.

Furthermore, “Fundamental to the operation of a modern democratic society is the existence of an operating and absolutely independent judiciary which has the confidence of the entire community. Radical action is required to breathe utility into much of the state framework, especially to ensure the proper administration of justice. This cannot wait.”

Dunya writes to McKinnon

The comments from the international advisers followed a letter sent to Commonwealth Envoy to the Maldives Sir Donald McKinnon by State Minister for Foreign Affairs Dunya Maumoon., daughter of former President Maumoon Abdul Gayoom.

In the letter, obtained by Minivan News, Dunya advises McKinnon that Saeed had “put the Commission’s work at risk by publicly questioning the credibility of its draft report, three days before its scheduled publication.

“He has also questioned the integrity of the highly respected senior judge from Singapore, Justice Selvam, the Co-Chair of the Commission, who was recruited by the Commonwealth. This is a disturbing development that could inflame the already heated political environment in the Maldives,” Dunya wrote.

She informed McKinnon that it was “time the Commonwealth puts into perspective the pattern of behavior by former President Nasheed since he resigned from the office of President, and ponders the credibility of his accusations and claims.”

“The government is committed to bringing stability into the country and cultivating the values of democracy in the Maldives,” she claimed.

“You may recall that while accepting Mr Saeed’s name to the CNI, the government made it very clear its strong reservations about Mr Saeed’s impartiality and independence because of his close associations with the MDP.

“We request you call upon former President Nasheed and his supporters in the MDP, as well as Mr Saeed, to stop their intimidatory actions and let the work of the CNI proceed to a successful conclusion. The Commonwealth’s valuable role in resolving the political tensions in the maldives is a critical one, and that role should also be seen to be fair as well,” Dunya wrote.

“Otherwise there is a risk that the country’s young democracy might be pushed into a steep decline where only chaos will reign.”

Former President Nasheed on Friday accepted the CNI’s report, subject to Saeed’s reservations, however he observed that the report had effectively set a legal precedent under Maldivian law for the overthrow of an elected government through police or mob action.

This, he said, left the Maldives “in a very awkward, and in many ways, very comical” situation, “where toppling the government by brute force is taken to be a reasonable course of action. All you have to do find is a narrative for that course of action.”

Minivan News is currently waiting for a response from MDP Spokesperson Hamid Abdul Ghafoor.

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CNI report leaves Maldives with “awkward”, “comical” precedent: Nasheed

Additional reporting by Mariyath Mohamed

Former President Mohamed Nasheed has said he accepts the report produced by the Commission of National Inquiry (CNI) subject to the reservations of his member on the Commonwealth-backed commission, Ahmed ‘Gahaa’ Saeed.

The CNI found that there was no coup on February 7, that Nasheed did not resign under duress, and that police and military officers did not mutiny.

Saeed resigned from the commission the evening prior to report’s publication, expressing concern that the CNI had experienced the withholding of evidence, non-cooperation from crucial witnesses, non-examination of witnesses, witnesses being intimidated or obstructed, testimonies and evidence that was not reviewed.  Concern was also expressed over the organisation by the CNI secretariat.

“I believe the Commonwealth Ministerial Action Group (CMAG) will consider the reservations about the CNI’s work that Saeed has noted, and that these issues will also be included in the CMAG report,” Nasheed said, at a press conference this afternoon.

The former President observed that the CNI’s report had effectively set a legal precedent under Maldivian law for the overthrow of an elected government through police or mob action.

This, he said, left the Maldives “in a very awkward, and in many ways, very comical” situation, “where toppling the government by brute force is taken to be a reasonable course of action. All you have to do find is a narrative for that course of action.”

“The pronouncement on the transfer of power was a political announcement – not based on findings or facts. This political pronouncement is based in my view on what would be best for the country from now on, not on exactly what happened that day,” Nasheed said.

“I see the report as a document that tries to map a way forward. The commission was of the view that reinstating my 2008 government would be so messy that it would be best to move forward with another election. So the report has tried so hard to come out with this view through a proper narrative. You will have read the narrative and will understand that at times it is comical, but still, it is a narrative.

“I still am of the view that the commission report has established a precedent which in many ways is not very alien to our past practices. Usually if a mob comes to the palace and stands there for a lengthy amount of time, and if other locals are connected to the mob, the king has very little room to maneuver,” Nasheed said.

“We seem to have been unable to get away from this very feudal system of governance. We were hoping the new constitution would be enlightened enough to give us a system whereby governments would change simply through the ballot box, but it now looks like it was not so simple. I think it will take time before we are able to settle down to more democratic forms.

“My message to the international community is when you recommend issues, situations, solutions programmes and projects to other societies and people, it is so very important to understand the detailed intricacies of the local conditions.

“We still hope elections will be held early, and we will go to elections with a programme, as we always have, and we believe that we will win that election in the first round very handsomely. We have no doubt about that.”

Nasheed noted that all major coalition-aligned parties had signalled their acceptance of the report and its recommendations, including former President Maumoon Abdul Gayoom, Dhivehi Rayithunge Party (DRP) Leader Thasmeen Ali, “and my former vice president Dr Mohamed Waheed Hassan Manik”, and emphasised that one of the major recommendations in the report that they had agreed to was for action taken against unlawful acts committed by the security forces.

“We call for a criminal investigation, and they must then be tried in court and be sentenced as due,” he said.

“We are not surprised, this was one outcome the MDP had predicted. If the report suggested there was no duress [in the resignation] but that there were wrongdoings by the police and military, then all these wrongdoings must be addressed immediately within a period of one month, with the international community’s support in doing so,” Nasheed added.

During his speech at the report’s release on Thursday, President Mohamed Waheed did not reveal the CNI’s fourth finding – that there were “acts of police brutality on February 6, 7 and 8 that must be investigated and pursued further by relevant authorities”.

Referring to the CNI report’s conclusion that the controversial February 7 change of power was “constitutional”, Nasheed said that if this were the case, then he believed that parties who were not included in the victorious 2008 coalition had no right to participate in the current unity government, specifically Gayoom’s Progressive Party of the Maldives (PPM) and the DRP.

Nasheed called for his impending trial at Hulhumale Court – a move recently upheld by the High Court – to be expedited, and also expressed concern at the arbitrary arrest of his supporters for calling police and public officials ‘baghees’ (traitors).

“It is always their hard work that brings things to realisation, that impresses upon everyone the gravity of issues, and if you have a look at who was arrested last night, you can see that the core of them are the intelligentsia of this country,” Nasheed said.

“They are young, highly qualified and they have an opinion. If you want to keep arresting people with an opinion, that says very little about your democratic credentials.”

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Commonwealth endorses CNI, MDP claims report “legitimises coup”

Commonwealth Secretary-General Kamalesh Sharma has welcomed the release of the report by the Commission of National Inquiry (CNI), and urged “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 report, delivered by Singaporean judge G. P. Selvam to President Mohamed Waheed Hassan on the morning of August 30, claimed there was no evidence to support claims by former President Mohamed Nasheed that he was ousted in a coup d’état, that his resignation was under duress, or that there was any mutiny by the police and military.

Regarding the resignation of Nasheed’s member on the Commission Ahmed ‘Gahaa’ Saeed, on the grounds that the commission had failed to consider key evidence, testimonies and phone recordings, Secretary-General Sharma said it “was unfortunate that Mr Saeed felt he must dissociate himself from the findings of the Commission.”

“I commend the members of the commission for the intensive work they did to produce the report. I also note the report identifies a number of important issues that need to be addressed regarding the basic institutions of democratic governance, notably the rule of law and administration of justice, the People’s Majlis (Parliament), and the media. This report provides an opportunity for all stakeholders to reflect calmly and carefully, and find a way forward based on dialogue, consensus and reconciliation.

“The task ahead for all Maldivians must be to strengthen democracy in the Maldives. An atmosphere of peace and public order is essential for that to happen,” Sharma said.

The Secretary-General’s Special Envoy to the Maldives, Sir Donald McKinnon, will shortly return to the country “to explore how the Commonwealth can assist Maldives to move forward in a peaceful and consensual manner, and how democratic institutions can be further strengthened,” he added.

Government now legitimate: Waheed

President Mohamed Waheed Hassan at a press conference declared his presidency “clearly legitimate”, following the report’s release: “It is time to stop questioning the legitimacy of the government. It is time to stop illegal activities and activities that go against generally acceptable social norms,” Waheed said.

“The Commission’s findings are clearly stated. I do not believe there is any room to raise any questions about the transfer of power.”

“Most of my time and that of my colleagues in government have been consumed in finding ways to contain the loss and minimise damage to people and country. With serious harm inflicted on our tourism industry, we had to work in partnership with the industry to find ways to overcome serious challenges. We had to respond to allegations made to discredit the government and its officials. Much work had to be done to explain the truth to the people of the Maldives and members of the international community,” Waheed stated.

“We should now ask ourselves how we have spent the last six months. What have we spent our energy on? How much have we damaged our economy due to the harm inflicted on our main industry? How have we lived as a people with fear in our hearts and no peace in sight? How much suffering have we endured as a people due to actions by some only to further their own interests? The damage to our economy and social fabric within the last six months cannot be easily recovered.”

Waheed further condemned public criticism of Selvam’s integrity, stating that “I would like to highlight that the personal attacks by some against members of the commission, especially the attacks on co-chair Justice Selvam’s character, are not acceptable in a civilised society.”

“May the Almighty Allah bestow upon the people of Maldives a better tomorrow. May Allah keep our country a peace loving nation. May Allah keep this land of ours independent and peaceful forever.”

Following the press statement given by President Waheed, the MDP called on an emergency National Executive Council Meeting in the Dharubaaruge conference hall.

A large number of MDP supporters gathered in and outside of Dharubaaruge after the report was released.

During the meeting, several members condemned the actions of Commission of National Inquiry (CNI) for the release of its “inaccurate” report on the controversial transfer of power that took place on February 7.

MDP Spokesperson MP Imthiyaz Fahmy, speaking at the meeting, said that the people would “forever remember” that what happened on February 7 “was a coup”, and said the party would not stop its calls for a “legitimate government”.

“Remember this: the Maldivian people will as long as they live remember that what happened on February 7 was a coup d’etat. What the CNI did was try to legitimise the coup, but truth will prevail. We will remain determined in our calls for a legitimate government,” Fahmy said.

Another attendee called on members of the party to launch “immediate direct action” and protest against the government until it gave way and held democratic elections.

Former Minister of Environment Mohamed Aslam observed that the CNI’s report implied that “anyone who wishes to become President can become so if they gather the support of the police and military.”

“What we saw was a coup d’etat. If we let such an offence go by without justice, this is a very bad precedent we are setting here, and the MDP will not let that happen. I ask all our members from among the islands to come to Male’ and join us in our cause,” he added.

Outside Dharubaaruge police entered into the amassing crowds, leading to verbal confrontations and some scuffles.

Minivan News observed one young woman being arrested for what nearby protesters alleged was “for taking photos of the police”.

After the confrontations, Special Operations (SO) officers stationed themselves at the two ends of Ameenee Magu in front of Dharubaaruge.

International response

The US State Department also issued a statement on August 30 calling on Maldivians “to respect the findings of the CNI.”

“Now that the commission has released its report we urge all parties to respect those findings, to exercise restraint, obey the rule of law, and continue to express themselves in a peaceful and nonviolent manner,” said State Department Spokesperson Victoria Nuland.

“Now is the time for all parties to work together through dialogue to chart a positive way forward that respects the Maldivian constitution, democratic institutions, human rights, and the will of the Maldivian people,” Nuland said.

India’s Ministry of External Affairs MEA issued a statement ahead of the report’s release saying that it was “essential for all stakeholders to demonstrate a sense of responsibility in respecting the outcome of the Commission’s report, and to express views on the report of the CNI with calm and restraint.”

“Actions that might adversely impact on the atmosphere of peace and tranquility in the Maldives need to be avoided. India hopes that all political parties in the Maldives would take up the issues arising out of the CNI report through a peaceful political dialogue, to make a way forward for resolving the political situation in the country,” the MEA statement read.

UN Secretary-General Ban Ki-Moon also issued a statement saying he “welcomed the start today of high-level political dialogue, and hopes that this leads to national reconciliation and a way of moving forward”, while at the same time expressing “concern at the prospect of renewed political tensions should any side not accept the outcome of the inquiry.”

“The secretary-general calls on the parties to respect the constitution, create a peaceful and transparent environment conducive to dialogue and take steps to strengthen democratic reform and institutions,” the statement read.

The EU meanwhile said it had “taken note of the release of the report of the Commission of National Inquiry on the events surrounding the transfer of power in the Maldives on 7 February.”

“It recalls that all political groupings had previously undertaken to respect the CNI’s findings, although the report would certainly have been controversial whatever the outcome. It is now more than ever essential that genuine efforts be made by all political actors to work together in the interests of the country to ensure that the democratic system is upheld; to allow the normal business of government to continue; and to prepare for free and fair elections, which should be held as soon as possible,” said Michael Mann, spokesperson for EU foreign affairs chief Catherine Ashton.

Next move

Former Foreign Minister to the Maldives and UN Special Rapporteur on Iran, Dr Ahmed Shaheed, said the results of the Commonwealth’s “shoddy” work was “very disappointing”.

“The problem appears to have been simple – they relied on the work of the former three member commission appointed by Waheed, including the timeline, which received no input from the MDP,” he said.

“This is a setback, largely because the MDP was too willing to make concessions to the government in terms of the CNI’s structure. The MDP should not have accepted Shafeeu [as co-chair], shouldn’t have accepted a judge from a specific country, and should have demanded two representatives. In our eagerness to cooperate, we underestimated Waheed’s lack of sincerity,” Dr Shaheed said.

Key witnesses, such as Deputy Leader of the former opposition Progressive Party of the Maldives (PPM), Umar Naseer, refused to attend when summoned.

“This was a commission of inquiry and it places the burden of proof on Nasheed, as if he is the plaintiff,” said Dr Shaheed.

“The report is also very contradictory – it says Nasheed used too much force to try and arrest the police, and then says he should have used the force he was legally allowed to. There is no reference to discontent in the army in any way – evidence that was given [to the commission] by very senior people in the armed forces, and it notes that the Police Act does not refer to ‘mutiny’ by police, which is the same as saying it does not refer to ‘rape’.”

“International members on the commission were not provided access to vital evidence such as CCTV footage from police and army headquarters, or of the MNBC takeover,” Dr Shaheed said. “The draft also  came after the three weeks [Selvam] was on leave, missing interviews which would have provided a different picture.”

“This is what you see when you put the light only in one place – you do not see full picture. The report’s shortcomings are evident in its contradictions. It supports the government’s claims, but does not vindicate what happened. It is very hard to justify what is missing from the report.”

By way of example, Dr Shaheed referred to the Commission’s questioning of Permanent Secretary of the Ministry of Environment, Mr Saleem, over an SMS concerning the distribution of MVR 2.4 million (US$155,640) to the ‘mutinying’ policemen.

“The Commission summoned Mr Saleem. He debunked the message effortlessly, claiming that he did not recall sending such a message,” the report stated.

“He says it didn’t happen and they accept it instantly,” Dr Shaheed challenged.

He  suggested that with the publication of the report, international groups would now “be eager to wash their hands of the Maldives,” – [For example, the Commonwealth is now facing challenges in Gambia].

The MDP would be unwilling to accept the report which would lead to further political turbulence, he predicted.

“This report was the best opportunity to get out of the current situation in a peaceful manner. It is a huge disappointment that will come at great cost to the Maldives,” Dr Shaheed said. “As written, the report endorses direct action and sets a precedent that anyone can overthrow the legitimate government.”

“The report speaks of the need to build institutions, but it condones the violent overthrow of the government which does not set the stage for peaceful reconstruction. This is a setback, but they cannot use a report of this nature to paper over what happened. The MDP is rightly outraged, and we will soon see the true nature of the regime. There are very turbulent times ahead.”

President’s Office Spokesperson Abbas Adil Riza dismissed the MDP’s allegations that the CNI failed to consider key evidence, including phone calls and testimonies – allegations that led Nasheed’s representative on the commission to resign, and the party to challenge its credibility.

“The Commonwealth and UN observers, as well as the members and Judge Selvam, did not agree with Saeed on that point. They said all evidence was taken into account, and the report was compiled according to formal structures they organised,” Riza said.

“The observers met with president and conveyed the message that whatever formalities were performed was international best practice,” he said.

“The government has always maintained its stand that Nasheed will not accept the report or its outcomes, whatever they may be. Nasheed made an agreement with Mckinnon to accept the outcome, whatever the outcome was. Even though he removed his representation, it is already done.”

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No coup, no duress, no mutiny: CNI report

The Commission of National Inquiry (CNI) has released its report into the circumstances surrounding the controversial resignation of former President Mohamed Nasheed and the transfer of power on February 7.

The CNI was initially a three member panel (Dr Ibrahim Yasir, Dr Ali Fawaz Shareef and chairman Ismail Shafeeu), formed by incoming President Mohamed Waheed Hassan to examine the circumstances surrounding his own succession to the Presidency.

Nasheed and the ousted Maldivian Democratic Party (MDP) have maintained that the former President’s resignation took place under duress during a police and military mutiny, and that Dr Waheed’s government was illegitimate.

The MDP and the Commonwealth subsequently challenged the impartiality of the CNI, and it was reformed to include retired Singaporean judge G. P. Selvam and a representative of Nasheed’s, Ahmed ‘Gahaa’ Saeed.

Retired Court of Appeal judge from New Zealand, Sir Bruce Robertson, and Canadian UN Legal Advisor Professor John Packer, were appointed as international advisers representing the Commonwealth and UN respectively.

Nasheed’s representative Saeed resigned from the CNI on the evening of August 29, denouncing its credibility and alleging that the final report excluded testimony from key witnesses as well as crucial photo, audio and video evidence.

The investigation did not consider the police crackdown on demonstrators on February 8, focusing largely on the events of February 6-7.

Report findings

According to the published report, which was delivered by Selvam to President Waheed on Thursday morning, the change of government was “legal and constitutional”, and the events of February 6-7 “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,” the report claimed.

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

The report dismissed the MDP’s allegations that the government’s ousting was a ‘coup d’état’, stating that the Constitution “was precisely followed as prescribed.”

“There appears nothing contestable in constitutional terms under the generic notion of a ‘coup d’état’ that is alleged to have occurred – quite to the contrary, in fact,” the report claimed.

“In terms of the democratic intent and legitimacy of the authority of the Presidency, as foreseen in the Constitution, President Waheed properly succeeded President Nasheed.”

“As President Nasheed clearly resigned and now challenges the voluntariness and legitimacy of his action, the onus is on him to establish illegal coercion or unlawful intimidation.”

Witnesses “lying”

In the course of its work the CNI interviewed 293 witnesses, 15 on multiple occasions. It also reviewed documentary evidence.

“The Commission notes that in many disputes, there can be difficulty in getting to what actually historically occurred as opposed to what an individual now honestly and sincerely believes to have happened,” the CNI report stated.

“Many people have heavy commitments to certain positions and on occasion their recollections were simply wrong. They had a recall that could not be correct when viewed alongside videos, photographs and other evidence. It is unhelpful to call this ‘lying’ but it must be allowed for as conclusions are sought,” it noted.

“Many people seem to think that because an allegation has been made, someone is under an obligation to counter or undermine it. When the allegation lacks substance or reality, nothing is required in response.”

The timeline produced by the three member panel meanwhile faced “virtually no challenge of substance”, and the reformed commission “affirms its own reliance on the timeline.”

Definitions: Not a coup, not under duress, not a mutiny

Regarding Nasheed’s allegation that his resignation was under duress, the report stated that “because of the seriousness of the charge, [the] person who alleges illegal duress or intimidation carries the legal burden as well as the evidentiary burden of proof.”

“It is an inevitable conclusion of the totality of the credible evidence that the only available firearms which were anywhere near the President between 4.37 am and 1:30 pm on 7 February 2012 were those which were carried by his SPG [bodyguards]. There is no evidence to suggest that the arms in possession of the SPG were a threat to him,” the report stated, in its conclusion.

“The Commission does not accept that his activities were closely monitored or that the military or the three civilians were issuing orders. Even if they had been, that does not signify coercion.”

The report dismissed claims by former Foreign Minister Ahmed Naseem that Brigader General Ahmed Shiyam was armed with a pistol in the company of Nasheed.

“Yet another witness, the Minister of Tourism in President Nasheed’s government, Maryam Zulfa, said that it was Riyaz who had a gun. This was because according to her there was a bulge in the pant pocket of Riyaz,” the report stated.

“The Commission is forced to conclude that this is evidence which although it may be the presently-held view of those people, is so inconsistent with the totality of the material that it cannot be relied upon.”

“All the credible evidence showed that neither [retired Colonel] Nazim, nor anyone else, delivered the threat alleged by President Nasheed.”

The report noted that coercion “as a result of unlawful activities by other people was a constant theme from many witnesses.”

“Because illegal or unlawful acts or omissions were going on in the community, it seemed to be the view of a number of witnesses that this had the effect of coercing the President to resign. The Commission does not comment on the allegations of such activities because they are not within our mandate but there is clear and unequivocal evidence before us that there are serious allegations of wrongdoing by the military, the police and private citizens. For the Maldives to move forward, these matters must be addressed.

“However, the Commission is unable to see how it can be contended that such wrongdoings perpetrated upon others can be said to have any coercive effect upon the President.”

“Indeed, until the time of his resignation, President Nasheed possessed of many powers under the Constitution that he could have utilized including the lawful use of force. He chose not to.

“That decision may be classified as praiseworthy, but he cannot now contend that because he made those choices, that he was ‘forced’ into resigning because of what others were doing around him,” the report stated.

Definition of a coup

The report also reviewed several definitions of the term “coup d’état”.

The World Book definition, “a sudden take-over of a country’s government by a group of conspirators. Usually, the conspirators are public officials who infiltrate and then use their country’s armed forces, police, and communications to seize power”, was rejected in favour of “whenever the legal order of a community is nullified and replaced by a new order in an illegitimate way, that is in a way not prescribed by the first order itself.”

The report also defined the word “mutiny” as “under the law of the Maldives an internal matter within the military. Its aim is not to remove the President from office or to overthrow the government.”

As for the police, “The Maldives Police Act 2008 does not contain the offence of mutiny by police. So the offence of mutiny is confined to the military. Any illegal subordination by a policeman would be an internal matter subject to disciplinary proceedings.”

CNI conclusions

Nasheed provided the commission with a “with a list of some 67 names, whose bank accounts and telephone logs he requested be scrutinised. These allegations were unsupported by any evidence,” the report stated.

“All sorts of allegations were made against Retired Colonel Nazim on how he purportedly stalked President Nasheed, controlled his movements and dictated what he should say. Nazim, it was said, even wanted the pen used by President Nasheed to write his resignation. There was ample credible evidence rebutting these false allegations.

“Such allegations are very easy to make and some naively suggested that if the Commission trolled through scores of bank accounts, telephone records, SMS logs and intelligence reports, all would be revealed.

“The Commission lacks the ability to do so comprehensively, although when it made specific requests in individual cases, information was provided and revealed nothing of consequence.

“Aslam, while appearing before the Commission, read about an SMS attributed to Mr Saleem, the Permanent Secretary of the Ministry of Environment. The SMS spoke of a distribution of MVR 2.4 million (US$155,640) to the ‘mutinying’ policemen. The Commission summoned Mr Saleem. He debunked the message effortlessly, claiming that he did not recall sending such a message.”

“After hearing him, the Commission would not invade and investigate the privacy and personal affairs of all and sundry as desired by President Nasheed and his aides in the absence of minimally credible supporting evidence,” the report said.

“A coup d’état required positive action against President Nasheed. Non-action and inaction cannot constitute a coup d’état. Moreover, the Constitution does not call for loyalty of anyone to the President. It calls for the loyalty to the Constitution.

“In sum, the Commission concludes that there was no illegal coercion or intimidation nor any coup d’état. The Commission has received no evidence supporting or to substantiate these allegations. This disposes the main mandate of the Commission.”

Read the full report

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Thanburudhoo resort will kill surf tourism in Male’ Atoll, claim local surfers

The proposal to develop Thanburudhoo near Male’ as a boutique surf resort will halve the number of breaks open to local surfers and particularly impact safari operators due to the limited access, a group of local surfers have claimed.

According to the July 2011 proposal, submitted by senior Maldives National Defence Force (MNDF) figures and Telos Investment, Telos would receive a 50 year lease on the military training island to develop a “boutique surf resort”, in exchange for US$5 million to develop an MNDF training facility on nearby Girifishi.

According to the proposal, the 3.6 hectare island “does not have the normal beauty found in Maldivian resorts”, as it does not have natural lagoon or sandy beaches. Furthermore, the strong currents limit recreational swimming, and therefore “the only development for Thanburudhoo which is sensible is that of a boutique surf resort.”

The surf resort would “open its doors to Maldivian surfers for a special surfing session twice per month,” the 2011 proposal notes.

“Unlike other resorts which do not allow local Maldivians to surf, Thanburudhoo would make available two surfing sessions per month, most likely Friday mornings or Saturday afternoons.

“The Maldivian surfers coming to Thanburudhoo for the special local surfing session must be in good standing with the Maldivian Surf Association and must abide by all the rules and regulations of Thanburudhoo surfing activities. Generally understood, the local surfers will not be on the resort island per se, but in the water surfing.”

Local surfers have slammed the idea. In a document circulated on social media, ‘Surfers’ Report on Thanburudhoo’, they argue that the island has two of the atoll’s four accessible waves (Sultans and Honkeys).

“If Thamburudhoo is a resort the only two accessible waves in the atoll are in Himmafushi (Jails) and Thulusdhoo (Cokes) – the number of accessible waves in the atoll is halved from four to two,” the document states.

Most of the waves in the atoll are claimed by their respective resorts, including Tombstones (Full Moon resort), Ninjas (Club Med Kani), Lhohis (Hudhuranfushi) and Chickens (Kuda Villingili).

The development of Thamburudhoo would lead to overcrowding of the remaining two waves, which “already have four surf camps each”, the surfers argue.

“There are 8-10 or more safari boats in this atoll during peak surf season. Each safari boat will have between 8 -12 surfers. Surfers from tourist resorts’ surf transfer boats can number between 10 – 30 or more from each resort. There are surf transfer boats operating from Dhonveli, Hudhuranfushi, Club Faru, Club Kani, Four Seasons, Paradise and Bandos expected each day,” the document claims.

“Surf tourism is putting food on the table for a lot of families and overcrowding of these waves could be disastrous to these surf camps. It is not right for the safari boats either since the number of surfable waves in the atoll just halved from four to two – they will lose clients or maybe even their businesses.

Furthermore, “Surf tourism is growing fast in the country and there are a number of locals who depend on these clients for their paycheck, such as; the surf guide, the captain and crew who work on the boats, and the people in the offices that operate these safaris. Some of these safari operations are not strong enough to run trips to the outer atolls. Besides the waves in most other atolls are not as consistent as the ones in North Male Atoll.”

As a result of the development, “surf tourism in this atoll will not be sustainable.”

Currently, Thanburudhoo was the only island in the atoll “that is freely accessible to both locals and foreigners. It is an uninhabited island and doesn’t have any local surfer population. Hence, no one can claim more ‘rights’ to those waves,” the surfers said.

“Maldivians have been surfing for centuries. Long before any white man showed up on these shores, or before anyone ever thought of making fiberglass surfboards, or before tourism was even a word. Blocking access to our waves is against sustaining a part of our culture. We believe that all the waves in this country should be free for all local waveriders to surf. These are our playgrounds.”

Minivan News sought comment from President of Telos Investment, Dr Gunnar Lee-Miller, however he had not responded at time of press.

Lee-Miller has previously stated that a “robust development plan” was being put in place for local surfers, and that discussions were under way with the Maldives Surfing Association over the issue.

The proposal stalled under the Nasheed government, according to former Economic Development Minister Mahmoud Razee, “partly due to timing”, but also concern over providing access to the surfing areas around the island.

However the development has now proceeded under the new administration, after the MNDF formed a joint venture company with the government last week.

In its original proposal, the MNDF argued that the development would allow needed infrastructure development on Girifushi.

“Since it began operations 22 years ago, Girifushi has never benefited from crucial infrastructure improvements. Without a proper harbour, and with outdated mechanical systems and insufficient support structures, Girifushi cannot sustain the operations and personnel it must so as to continue to be a productive base for the MNDF,” the proposal stated.

“Girifushi must undergo vital infrastructure improvements and thus, along with the construction of a leadership centre, this proposal seeks to acquire funding for the two most important infrastructure upgrades for Girifushi – a proper harbour area and increased area through land reclamation.”

The US$5 million obtained from Telos in exchange for the lease of Thanburudhoo would be “stretched” by deploying MNDF personnel to help build the leadership centre, the proposal notes.

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Government’s proposed revenue raising measures excessive, warn resort managers

Several resort managers have voiced concern that revenue raising measures proposed by the Finance Ministry will affect the financial viability of the tourism industry while providing little improvement in service or support in return.

The proposed measures were part of an ‘austerity’ package sent to parliament’s Finance Committee last week in a bid to address the country’s crippled financial condition.

Increased government spending – such as the repayment of civil service salaries cut during the former administration, and promotions and lump sum payments to the police and military – has not been offset by additional income.

As a result, the government has sought a succession of loans this year to pay its expenses at a time it is facing political challenges to its legitimacy, and country is facing plummeting investor confidence, a drop-off in foreign aid, an ongoing foreign currency crisis, and the challenges of its 2011 graduation to the UN’s definition of ‘middle income’.

As well as a raft of austerity measures, including the cancellation of electricity subsidies for citizens in Male’ and “reform” of the universal healthcare scheme, proposed revenue raising measures include plans to:

  • Raise import duty on oil to 3 percent
  • Impose import duty on items whose value exceeds MVR6.4 million
  • Raise import duties for liquor
  • Introduce GST for telecom services and sale of flats (both are now GST-exempt)
  • Raise GST rate for luxury items
  • Raise T-GST to 15 percent
  • Raise airport service charge for foreigners to $30
  • Increase visa fee for foreigners by MVR150

Minivan News spoke to several resort managers about the potential impact of such measures on the tourism industry. Of particular concern was the proposed increase in Tourism GST from 6 percent to 15 percent.

“That would be the biggest hit along with the liquor duty,” observed one manager.

“With the standard 10 percent service charge we’d be talking 25 percent on top. That’s too much,” he said.

Furthermore, a sudden increase in T-GST would force resorts to absorb the increase, due to contractual obligations.

“If such an announcement came after [the] contracts are signed, many operators would be forced to absorb the additional percent again,” the manager observed.

“Higher duty on liquor would be the most directly felt increase in guests’ daily extras. Our sales would take a hit,” he added.

An increase in already high oil prices due to government import duty would further increase prices.

“Oil has become more and more expensive since oil was first used. Another rise in prices would be just another rise, which, in the case of oil, would come anyway. Of course extra costs will eventually be passed on also from suppliers and will at one point always end up on the client’s bill. How much more of such a hike our clients will take, I couldn’t say. Already now the low- and mid-priced market segments are moaning,” he said.

The increase in airport charges to US$30 for foreigners would also increase the overall cost of the destination for potential visitors.

“Many other places charge one as well and I guess it has come to be accepted. If this is then garnished with higher visa fees, taxes of 25 percent, an eco-tax, bed-tax and the whole lot, it might quickly get too much though,” the manager warned.

Another resort manager told Minivan News that given the country’s almost total reliance on tourism, the government “needs to see itself as a tourism body as much as a government of a nation.”

“Tourism bodies in a general have five key responsibilities in order to increase the economic benefit of tourism for a nation,” he said: “Attract guests to the destination, have them stay as long as possible, have them invest back as much as possible into the local economy, have them recommend the destination to their friends and/or return themselves, and encourage balanced tourism development.”

The Finance Ministry’s proposed revenue raising measures “have negative implications for all five points of any basic tourism body plan,” he observed.

“As seen in the past 2-3 years, most countries have based their austerity strategies on reduced government expenditure and encouraging increases in revenue growth. This has been completed by efficiency plans for civil servants and key strategies to increase revenue,” the manager noted.

“In its actions over the last five months, the Maldives’ government has increased civil servants’ salaries, increased other costs, and are now looking at taking action that will compromise their main revenue stream. This is very different to other countries with similar financial challenges,” he stated.

“Whilst I understand that there is a need for a major revision on the Maldives economy, I would hope that cost reduction measures are implemented within the government that will balance the need for increased taxes on Maldives’ tourists. Areas of increased taxation such as oil and customs duty would be more acceptable psychologically for the tourism economy rather than an increase in direct tourists taxes and charges,” the manager added.

According to a survey conducted by the Tourism Ministry in 2011, 46 percent of tourists to the Maldives believed that the accommodation was too expensive.

Soft drinks, alcohol were also rated expensive by 42 percent, while food, water and souvenirs received a similar ranking from 41 percent of tourists polled.

Tourism Minister Ahmed Adheeb and Deputy Tourism Minister Mohamed Maleeh Jamal were not responding at time of press.

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High level talks stall after senior party figures fail to appear

Resort tycoon and leader of the government coalition Jumhoree Party (JP), Gasim Ibrahim, has called for the resignation of Speaker of Parliament Abdulla Shahid, after he did not appear at high-level talks on Tuesday morning.

Shahid made the decision to suspend Parliament indefinitely pending a resolution to the ongoing political turmoil.

Gasim was reported as stating in local media that “if the Speaker had any sincerity he would have been here.”

The latest round of informal parliament-initiated talks – running parallel to the formal All-Party talks – were to involve a series of high-level discussions between senior party leaders. The all-party talks are one track of the international community’s response to the political turmoil in the Maldives, together with the Commonwealth-backed Commission of National Inquiry (CNI).

A UN source disputed that the all-party talks had collapsed, stating that “on the contrary we are still hoping to reach agreement on holding them again soon.”

The previous round of the UN-mediated talks, held at Vice President Waheed Deen’s Bandos Island Resort and Spa in early June, collapsed after parties aligned with the government presented the ousted Maldivian Democratic Party (MDP) with a list of 30 demands.

The list included calls that the MDP “stop practicing black magic and sorcery”, “stop the use of sexual and erotic tools”, and “not walk in groups of more than 10”.

Following the Bandos retreat, Convenor of the All-Party talks, Ahmed Mujuthaba, acknowledged the lack of progress and suggested that “In the end, the most senior political leaders will need to create an atmosphere conducive to discussions, and come together prepared to work in good faith.”

Following this morning’s meeting, Gasim observed to local media that “parliamentary group leaders of the so called big parties, Progressive Party of Maldives (PPM), Dhivehi Rayyithunge Party (DRP) and MDP were absent.”

Speaking to reporters outside the President’s Office, MDP MP Ali Waheed revealed that the party made two proposals, which were for all parties to agree to early elections or to determine a course of action based on the conclusions of the CNI report.

“Going for an early election would certainly cool the political atmosphere. Then we talked about how to act on the CoNI report due on the 30th this month. [We said] if they conclude it was a coup d’etat, President Nasheed should be reinstated and there won’t be any further discussions on that. If it was not a coup, if they conclude that the transfer of power was constitutional, we will wait for 2013,” the deputy leader of the MDP parliamentary group explained.

He added however that those found by the commission to have violated the law or committed criminal acts should face prosecution.

Ali Waheed said he expected a response from the President’s Office to the MDP’s proposals.

Gasim told reporters that participating in such talks was “meaningless” as the subject of resuming Majlis sittings was not discussed.

JP would not participate in any further talks until a solution to resuming sittings could be sought through parliament, Gasim said.

Correction: An earlier version of this article inaccurately stated that talks were part of the India-initiated All-Party talks. The talks were parliament-initiated.

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