Zaheena Rasheed – Page 52 – Minivan News

Government to annul provincial health and utility corporations, centralise services

President Dr Mohamed Waheed Hassan’s Spokesperson Abbas Adil Riza said the government intends to annul 30 government companies, including the provincial health and utility companies, in order to streamline government policy and improve service delivery.

The seven provincial utility companies—charged with providing electricity, gas, water and sanitation services—will be annulled and brought under one central umbrella corporation.

Furthermore, the seven provincial health corporations will be dissolved and health services will now be provided through the Health Ministry and the Centre for Community Health.

Riza said the provincial companies had failed to deliver services and that ousted President Mohamed Nasheed’s administration had set up separate utility and health corporations in each of the seven provinces only to award salaries to Maldivian Democratic Party (MDP) activists.

Nasheed’s former Policy Undersecretary Aminath Shauna said the act represented a “move back to Gayoom’s policies”, and defeated the purpose of decentralisation. Maumoon Abdul Gayoom ruled the Maldives from 1978- 2008.

“Malldives’ geographical fragmentation means one central board or company will find it impossible to effectively monitor and deliver services in an equitable manner,” Shauna said.

“They want to re-establish a relationship of dependency between the islands and Malé. Their intent in this is to consolidate power. Islanders will once again have to come to Malé and beg for services,” she added.

Effective Service Delivery

Speaking to Minivan News, Shauna said Nasheed’s administration had pursued a policy of corporatisation at provincial level in order to decentralise and improve service delivery.

“We have already experienced the disadvantages of centralising services; it made service delivery slow and led to corruption. Corporations were instituted because utility companies were not run on a business model. Island electricity providers often came to the finance ministry asking for debt relief. We wanted to eliminate this dependency. Corporatisation also creates reliable services and creates economies of scale,” Shauna said.

In response Abbas said the provincial companies had failed to deliver services.

“These companies could not manage their capital. In 2010 alone, Rf 800 million (US$52 million) was spent on supporting the salaries of so-called corporations,” Abbas said. The companies did not share common polices and operated on very different models, he claimed.

Although the provincial companies will be terminated, the operational units at province and island levels would continue to exist.

“This is centralised coordination to streamline policy. The operational units at provincial and island levels will continue to exist and the staff will retain their jobs,” he said.

“What we are doing is eliminating political boards. There were 30 separate boards before. Some boards had as many as 15 board members, and they were all political appointees. The former government did this in order to grant party activists salaries,” he alleged.

“When you eliminate political boards, service delivery will in fact be faster. If you look at the health records, we are slipping back and we believe this happened because service delivery was not efficient or effective,” he claimed.

However, Shauna said Nasheed’s “ultimate aim was to make these companies public companies and fully independent. They were state sponsored until they could find their own feet.”

Some companies had been more successful than others, Shauna admitted. For instance, the Southern Utilities Ltd – serving Addu and Fuamulah Atolls – had contracted Biwater International Ltd in 2010 to build six seawater reverse osmosis desalination plants to provide potable water. The contract is valued at US$42 million. The Southern Utilties Ltd had also handled all roadwork and landscaping for the 2011 SAARC Summit held in Addu atoll.

“All of the companies were improving gradually. They were finding their own feet, and contracting partners through public private partnerships. Our vision was for the government to step out of service delivery and play a monitoring role,” Shauna said.

Decentralisation

A second benefit of the centralisation of utility and health services is that the policy would empower local councils, Riza told Minivan News.

“Decentralisation means administrative decentralisation through elected councils. It does not mean making corporations. Now the ministry will be working very closely with the councils, where tasks will be delegated to councils, whereas corporations can and did override councils before,” Riza said.

In response Shauna said the spirit of decentralisation was to decentralise service delivery and to promote greater accountability.

“When you have regional companies, you have service providers working closely with the public. These companies will have to face the public everyday and this improves accountability,” Shauna said.

“How can a central authority with a limited number of people provide equitable services to the entire country? A few people deciding for the entire country does not help the people,” Shauna said.

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Reports of theft increase 23 percent in first quarter of 2012

Cases of reported theft have increased 23 percent in the first quarter of 2012 as compared to the first quarter of 2010, statistics from the Maldives Police Service (MPS) reveal.

While 2059 theft cases were reported in the first quarter of 2012, the figures for the same period in 2011 and 2010 stand at 1762 and 1597 respectively. Compared to 2011, 2012’s first quarter saw a 14 percent increase in reported theft.

Cases of reported assault remain the same, but cases of vandalism has increased 24 percent in the first quarter of 2012 compared to the same time period in 2010.

Court buildings and police stations were vandalized and set on fire throughout the Maldives on February 8 following former President Mohamed Nasheed claim that he was deposed in a coup d’état.

Police Spokesperson Sub-Inspector Hassan Haneef told Minivan News the increase in reported cases may be due to increased awareness of reporting procedures, and the failure to jail convicts.

“A lot of convicts who should be in jail are currently free,” Haneef said.

The Home Ministry in March claimed that only 621 of the country’s 1258 convicts sentenced to jail are currently serving their sentences.

A hundred convicts have been apprehended and sent back to jail since President Dr Mohamed Waheed Hassan took power in February, reports local media Haveeru.

Speaking to Haveeru, State Minister for Home Affairs Mohamed Fayaz said these 100 individuals include offenders released under former President Mohamed Nasheed’s Second Chance Programme set up to reintegrate former inmates into society.

“These people include those released under Second Chance programme and individuals who were sentenced in absentia,” Fayaz told Haveeru.

Current Home Minister Mohamed Jameel said the government intends to shut down the Second Chance Program, alleging that the former administration had used the program “to release unqualified criminals under political influence and without any clear procedure “.

Fayaz told Haveeru that the 100 individuals were sent to jail after being arrested for committing additional offenses. Furthermore, Second Chance inmates were only sent to jail because they had violated their terms of release under the programme, he said.

Fayaz and the Department of Penitentiary and Rehabilitation Services (DPRS) were not responding at time of press.

Police have stressed that it remains too early in its investigations to say if there was a link between an increase in reported incidents of crime and recent political turmoil in the Maldives.

Nasheed’s Maldivian Democratic Party (MDP) has continued to demonstrate for early elections. Hundreds have been arrested in protests since February.

Police have confirmed they are also looking into break-ins that occurred Saturday morning at offices belonging to Vice-President designate Waheed Deen and Maldivian Democratic Party (MDP) Interim Chairperson ‘Reeko’ Moosa Manik. Both offices are based in the same building in the capital of Male’.

Politicians and public figures linked to both government-aligned parties and the Maldivian Democratic Party (MDP) have raised concerns that the break-in may have been politically motivated crimes. Police urged caution in drawing early conclusions.

Since the controversial transfer of power on February 7, two men have died in knife attacks. Abdulla Muheeth died on February 19 and Ahmed Shifan died on April 1.

The Maldives Police Services’ priorities for 2012 include curbing organized crime, drug use and street violence, and increasing road safety.

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“We are ready for any election”: Elections Commission

President of the Elections Commission (EC) Fuad Thawfeeq told Minivan News the commission is ready to hold any election mandated by law.

“We are confident we can organise any election mandated by law – whether it is a presidential election, referendum, or by-election. We will serve our duty,” Fuad said.

However, State Minister for Foreign Affairs Dunya Maumoon told the BBC on Saturday that the state’s independent institutions including the Elections Commission, Human Rights Commission (HRCM) and the judiciary were not strong enough for early elections to be held.

The ousted Maldivian Democratic Party (MDP) has called for early elections after the party’s Mohamed Nasheed resigned on February 7 in an alleged “coup d’état.” The Commonwealth and EU have supported the call for early elections.

Unless the institutions are strengthened, elections cannot be held in the country in “the foreseeable future,” Dunya told the BBC.

The US government has pledged US$500,000 (Rf7.7 million) for an elections programme to assist Maldivian institutions in ensuring a free and fair presidential election. The assistance will be made available from July 2012.

“We will not step back in our duty”

Speaking to Minivan News, Fuad said President Dr Mohamed Waheed Hassan’s government had not consulted the EC on its capacity to hold early elections. However, the commission has met with foreign teams and assured them of its capacity, Fuad said.

“We told them we have already held three successful elections in the past: the country’s first multi-party election in 2008, parliamentary elections in 2009 and local council elections in 2011,” Fuad said.

“There were more than 1180 seats for the island councils, atoll councils and city councils. That was a very large and complicated election. It was very successful. So I don’t see how anyone can raise questions regarding the Election Commission’s capacity,” he added.

Fuad noted the police played an instrumental role in upholding law and order during elections: “We will need the Maldives Police Services’ help in maintaining law and order and upholding the peace. If other relevant institutions are ready, there will be no problems in holding elections. We will not step back in doing our duty. If the law mandates it, we will hold a very successful election.”

President Nasheed resigned on February 7 after elements of the police and military mutinied. The MDP has acknowledged high levels of “animosity” between its supporters and the police, and called on the police to show restrain during arrest and detention procedures.

Fuad also said upcoming parliamentary by-elections for the Kaashidhoo and Thimarafushi constituencies “may be a platform to see if conditions are right for early elections.” The elections are scheduled for April 14.

HRCM: minor role

Meanwhile, HRCM president Mariyam Azra said the commission only played a minor role in organising and conducting elections.

“We only conduct awareness programs on the citizen’s right to vote without any discrimination during elections. We have the capacity to conduct awareness programs,” Azra told Minivan News.

The HRCM also trained elections observers, but Azra noted there were no funds budgeted for training observers in the state budget for 2012.

Transparency Maldives has previously conducted election monitoring.

“Society must be disciplined”

President Dr Waheed’s Spokesperson Masood Imad told Minivan News that law and order needs to be maintained before free and fair early elections can be held. Further, the MDP was violating law and order with its serial demonstrations, he said.

“Last night they demonstrated at the President’s house and said, “Kill the president, Kill the president”. We need guarantees from the MDP. We need to see society disciplined before free and fair elections,” Imad added.

The MDP has said it will step up its direct action program to press for early elections. The party’s supporters protested in front of Dr Waheed and Defense Minister Ahmed Nazim’s house on Saturday.

Dr Waheed’s administration also maintains that constitutional amendments would have to be made, and the Committee of National Inquiry (CNI) authorised to assess the legality of the controversial transfer of power would have to complete its inquiry before early elections could be held.

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State funds for military and police, but not for Aasandha: Nasheed

Deposed President Mohamed Nasheed last night criticised the government’s attempts to introduce fees for free health insurance scheme Aasandha, saying the government had squandered funds marked for development on the police and military.

President Dr Mohamed Waheed Hassan’s administration has claimed the Aasandha scheme is no longer financially tenable due to unsustainable demand. Dr Waheed succeeded Nasheed on February 7 after Nasheed resigned following a police and military mutiny. Nasheed claims he was forced to resign at “gun-point.”

Shortly after taking office, Waheed’s administration halted Public Private Partnership schemes and allowed extended resort leases to be paid in installments rather than upfront at the end of the lease. Nasheed’s Maldivian Democratic Party (MDP) said the move will immediately take US$135 million of the country’s coffers.

Speaking to hundreds of MDP supporters at the party’s new protest camp following his return from his US tour promoting the Island President, Nasheed said the government’s claim of lack of funds for Aasandha was “unacceptable.”

“More than Rf 150 million (US$10 million) has been spent on police promotions. Another Rf 150 million (US$10 million) has been spent giving MNDF [Maldives National Defense Force] officers two years of allowances in a lump sum. Another Rf 50 million (US$3.3 million) has been spent repairing the damage to police headquarters. It was the police officers who staged the coup who vandalised the place and threw chairs and computers from the building’s windows. When this money has been wasted, we cannot accept it when they say there is no money for Aasandha,” Nasheed said.

More than 1000 police officers were given promotions on March 31 – a third of the country’s police force – while police have revealed plans to recruit 200 new officers to the force this year.

Nasheed said Waheed’s policies, along with alleged increased expenses on presidential trips, means “there will be no money in the treasury to provide services for citizens.”

“Aasandha services were provided based on taxing the rich,” he said. “First they told us they will not pay taxes, and then after staging a coup and bringing down tourist arrivals exponentially to the point it affects our income, we cannot obtain the development we seek and the services we seek to provide.”

New Tourism Minister Ahmed Adheeb had previously called on Maldivian businesses not to pay Goods and Services Tax (GST) to Nasheed’s government.

Nasheed said Waheed was obliged to implement the MDP’s manifesto, saying the coalition of parties that backed him to defeat Maumoon Abdul Gayoom in the country’s first multi-party elections in 2008 had agreed to carry forward the MDP’s manifesto.

“Even in 2008 they wanted positions,” Nasheed said. “They did not have a plan in their hearts or party manifestos to deliver services to the people. Instead, they asked for seats in the cabinet. They said, ‘If you give me a cabinet position I will tell the people I know to vote for you.’”

The coalition of parties that supported Nasheed in 2008 include Dr Waheed’s Gaumee Ithihaad (GI), the Dhivehi Qaumee Party (DQP) and Jumhoree Party (JP). The coalition dissolved months after Nasheed took office, and the three parties are now allied with Waheed.

“They tried to kill me”

Nasheed’s address was his first since a 10 day trip to the United States of America last week. Speaking to US media, Nasheed alleged former president Maumoon Abdul Gayoom was behind his ousting, and insisted his life was under threat on February 7.

“I am certain investigations will reveal Maumoon was behind the coup,” Nasheed said. “Ask [the army] who was instructing the MNDF generals that day. Ask them on whose orders the generals decided to side with Nazim.”

Ahmed Nazim is the current Defense Minister, and acted as intermediary between mutinying police and military and Nasheed on February 7.

“God willing, I will submit these details to the relevant courts and investigation. Such an investigation must have international oversight and has to be independent and impartial. They tried to kill me. They tried to take my life in order to stage a coup. It is my duty to reveal what transpired on that day,” Nasheed said.

“We have to clarify this atrocity, this coup, for the generations to come. I will submit what I know, the extent to which I knew and experienced it, to a trusted investigation,” he said.

Following calls from the Commonwealth, European Union, India, America and UK for an independent investigation, Waheed instituted a three member Committee of National Inquiry (CNI) to look into the legitimacy and legality of the transfer of power. However, the CNI has come under fire from the MDP and local civil society groups for unilateralism and lack of independence. Further, the CNI has said it will not conduct a criminal investigation.

Nasheed promised supporters he would ensure an investigation through international processes if domestic bodies failed to conduct an independent and impartial inquiry.

“What we didn’t do was accumulate force”

Nasheed reiterated call for early presidential elections and highlighted the importance of an elected government. “You cannot sustain a government through force. The force behind any government is the people,” he said.

He could have stayed in power had he used force on February 7, Nasheed said, but choose not to: “The Maldivian Democratic Party has been working on development for the past three years and six months. We were not accumulating force.”

Nasheed said soldiers had asked him to open the armory to put down the police mutiny, but he had refused to let them.

“I came to power, and you voted for me, not to accumulate force. You wanted widespread transport networks, economic development, and to put an end to the drug plague and begging for healthcare, for. You voted for harbours, for sewerage systems, to build outer walls of football fields, to build roads, cemeteries and for holistic education,” Nasheed said, repeating the MDP’s election pledges in 2008.

“What we didn’t do was accumulate force. What we didn’t do was torture people,” he added.

“Be courageous,” he said. “We are only calling for an election, not for the sun, the stars and the moon.”

“We cannot leave the protest square”

The MDP must sustain its protests in order to press for early elections, Nasheed said. He called on all of his supporters to stay at the protest camp, dubbed Insaafuge Maidhan (‘Justice Square’) and to continue to raise their voices. The establishment of the camp follows the government’s removal of the MDP’s protest camp near the tsunami monument by the police and military last month.

“We will come out in large numbers for a massive protest. A long demonstration that will resolve our issues. A demonstration that will reveal to the world what Maldivians are fighting for,” he said.

Nasheed said he was “disappointed” with America and India’s prompt acceptance of Waheed’s administration.

But he appeared to accept the move as characteristic of international politics. “It will be very difficult for major powers not to accept whichever government is in place. Governments have to interact with each other. Hence, they have to, they must talk to whoever holds the key to the military headquarters.”

“But powerful democracies will also look into how this key can safely be handed over to the people. I trust the Indian government. I trust America, the Commonwealth and the EU.”

The Commonwealth, EU and foreign governments have supported Nasheed’s call for early elections despite their engagement with Waheed’s administration.

Nasheed also called on foreigners who wish Maldives well to join MDP’s protest. “Come to the Maldives to protest. Stay with us until we gain our government back. Citizens, humans are humans no matter where they are in the world. Whether you are English, French, American, Indian or Maldivian, we are all made of flesh, bones and blood. We all experience the same in life.”

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Parliament has confirmed government’s legitimacy, says President Waheed

Parliament has confirmed the legitimacy of his administration, President Dr Mohamed Waheed Hassan has contended.

Addressing the Majlis on April 2, Deputy Speaker Ahmed Nazim said, “President Dr Mohamed Waheed Hassan took oath of office in Majlis on 07 February 2012, and has delivered the presidential address as per the constitution on 19 March 2012. Hence, the People’s Majlis believes the transfer of power on February 7 was constitutional.”

The ousted President Mohamed Nasheed said he was forced to resign at “gunpoint,” and has raised questions over Waheed’s legitimacy. Nasheed has called for early general elections.

Nasheed’s Maldivian Democratic Party (MDP) sought to obstruct Waheed from addressing parliament on March 1 and March 19. Waheed only managed to deliver a shortened version of the presidential address amidst loud heckling by MDP MPs in the Majlis chamber while MDP supporters and police clashed violently outside. During the speech an MP held up a placard declaring Waheed a ‘coup boss’.

In a statement on Monday, Dr Waheed said he welcomed the decision and “called on all parties to redouble their efforts to bring stability, security and prosperity to the Maldives.”

However, MDP parliamentary group’s deputy leader Ahmed Sameer said the deputy speaker had no authority to make rulings on behalf of the Majlis.

“The Majlis makes decisions after a debate and a vote. There has been no debate and no vote on the matter. A debate on the legitimacy of the government hasn’t even been put on the agenda,” Sameer said.

“That the deputy speaker can unilaterally rule on this matter is a joke and is against the Majlis house rules,” he added.

Majlis minutes reveal Nazim only made the ruling after MPs repeatedly debated the transfer of power instead of addressing the issues on the agenda for the day. Nazim repeatedly asked MPs to return to topic, but to no avail.

During debate over an amendment to the Judges Act to include retirement benefits and privileges, MDP MP Ali Waheed expressed concern over the events surrounding the transfer of power on February 7, and called on the Deputy Speaker to pass a resolution for public referendums to establish coup had taken place and to hold elections.

In response Nazim said, “Since some MPs are addressing the Speaker on the transfer of power, I believe I now have to issue a ruling on the matter.”

After claiming Waheed’s administration was legitimate, Nazim asked MPs not to address the Speaker any further on the matter.

MDP refuses to recognise Waheed’s administration, and have called for an impartial and independent investigation with international oversight into the transfer of power. The Commonwealth, the EU and local civil society groups have supported the call for investigation.

Dr Waheed instituted a three member Committee of National Inquiry (CNI) to look into the legality and legitimacy of the transfer of power, but the CNI has come under fire for unilateralism and lack of independence. Moreover, the CNI has said it will not be conducting a criminal investigation.

Waheed told local television station Villa TV (VTV) he would resign and reinstate Nasheed if inquiry established a coup.

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Majlis committees approve VP and cabinet, will assess ongoing coup investigations

Majlis committees have approved President Dr Mohamed Waheed Hassan’s cabinet and vice president nominee – resort owner Waheed Deen – and have decided to assess independent institutions’ ongoing investigations into the controversial transfer of power on February 7.

The executive oversight committee will now submit cabinet and VP nominees to the floor for final approval. MPs of the ousted Maldivian Democratic Party (MDP) voted against the move.

The MDP refuses to recognise Dr Waheed’s administration, alleging former VP Waheed deposed the party’s Mohamed Nasheed through a coup d’état. The MDP claims it continues to be the legitimate party representing the government in Majlis.

The MDP holds 32 of the 77 Majlis seats, and commands half of the seats in all parliamentary committees except the executive oversight committee.

MDP spokesperson and MP Hamid Abdul Gafoor said the nominees were approved at committee stage because parties allied with Dr Waheed control a majority in the executive oversight committee. “As the party representing the government in parliament, we believed the opposition must have majority seats in that committee.”

Meanwhile, the Independent Institutions Oversight Committee has decided to assess the extent to which the state’s independent institutions are fulfilling their mandates in investigating the circumstances surrounding the transfer of power on February 7.

The Human Rights Commission (HRCM) and the Police Integrity Commission (PIC) have previously told Minivan News they will not investigate the transfer of power, claiming the matter is out of their mandates.

Deputy chair of Independent Institution Oversight Committee and MDP MP Ahmed Sameer said the MDP wants to summon the HRCM and PIC to evaluate ongoing investigations into the alleged coup d’état.

The HRCM and PIC told Minivan News that the commissions will respectively investigate human rights violations and police conduct on February 7, but not the circumstances of the transfer of power.

“The president is a citizen. He says he was deposed in a coup. His rights have been violated. Moreover, citizen’s right to elect government has been violated. So I do not understand how the HRCM and PIC can claim this matter is out of their mandates,” said Sameer.

“The HRCM and the PIC and the Prosecutor General have to take the initiative in this investigation. Especially the PG, because Article 223 of the constitution mandates the PG to oversee legality of preliminary inquiries and investigations into criminal activity and to uphold the constitutional order, the law, and the rights and freedoms of all citizens,” Sameer added.

The Dhivehi Rayyithunge Party (DRP) MPs opposed the committee’s move to assess the commission’s investigation into events on February 7, claiming the committee must also look into whether commissions were also investigating the events preceding the transfer of power.

The DRP and other political parties allied with Dr Waheed say the police and military mutiny on February 7 in fact upheld the constitution. They allege Nasheed’s administration orders to arrest Criminal Court Judge Abdulla Mohamed in January were unconstitutional.

Chair of the Independent Institutions Oversight Committee Mohamed Nasheed has asked the two parties to submit proposals next week on how to proceed with the assessment.

“We will decide on how to proceed after merging the two proposals,” Independent MP Nasheed said.

Nasheed also said he believed an independent and impartial investigation into the transfer of power must take place, and was “more pertinent” than MDP’s call for early general elections.

“I was first to call for a credible, open, transparent investigation with international oversight. Even if early elections are held, and a president is elected democratically, questions will remain unanswered regarding the transfer of power,” he said.

The Majlis was a possible avenue for an independent investigation, Nasheed said. “The Majlis is in a position to empanel MPs or outsiders, experts to get the process going. The Majlis could either submit a resolution to create a committee of MPs to look into the matter or enact a law to delegate authority to an outside panel to conduct investigations.”

However, no MP has yet made a move to instigate the process through Majlis, Nasheed said.

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MDP calls for suspension of February 8 cases until coup investigation is complete

MP of the ousted Maldivian Democratic Party (MDP) Ahmed Sameer has called on the Prosecutor General (PG) to suspend criminal charges against those arrested during the February 8 unrest, until an independent inquiry investigated police involvement in the transfer of power the previous day.

In a letter to PG Ahmed Muizz, Sameer raised questions over the police’s ability to conduct independent and impartial investigations into public criminal offenses, alleging elements of the police and military staged a coup d’état to depose President Mohamed Nasheed and were continuing to target and attack MDP MPs and members.

“Whilst atrocities committed by the police remain uninvestigated, any investigation by police cannot be accurate. Hence, if the PG files these charges at court, can the PG be independent and impartial as guaranteed in Article 220 (a) of the constitution?” Sameer said.

Speaking to Minivan News, Sameer said he had met with the PG on Monday and that the PG was receptive to Sameer’s concerns.

President Dr Mohamed Waheed Hassan’s spokesperson Abbas Adil Riza has accused the MDP of terrorism and said, “The government will not negotiate in releasing those arrested and charged for terrorism, will not let them be considered political prisoners.”

However, Deputy PG Hussein Shameem said no terrorism charges have been filed to date.

“We have submitted 116 cases to the criminal court. The charges we have filed regard obstruction of police duty, assault on police officers on duty, and attempt to assault police officers on duty,” Shameem said. If charges are proved, the accused may be jailed for six months or fined up to Rf 12,000 (US$800).

According to Shameem, police had initially filed 135 cases with the PG relating to the February 8 unrest; these include 42 cases from Haa Alif Atoll Kulhudhufushi, 12 from Shaviyani Atoll Milandhoo, 41 from Fuamulah Island, 24 from Haa Alif Ihavandhoo, 11 from Haa Dhaal Atoll Dhidhoo, and five cases from Haa Alif Atoll Hoarafushi.

Sameer said the eight people from his constituency of Dhidhoo charged with vandalism and closing of the Dhidhoo police station faced false charges.

He said the police had closed the station voluntarily, after the MDP controlled Dhidhoo council raised concerns of possible harm to police if the police continued to stay on duty on the day.

Although Sameer has called for suspension of prosecution until an inquiry, the possibility of an independent investigation now appears remote. The presidential commission charged with looking into the legality and legitimacy of the transfer of power has said it will not conduct a criminal investigation, and has also come under fire from MDP and civil society groups for unilateralism and lack of independence.

At the same time, the state’s independent institutions have also said investigation into the legality and legitimacy of the transfer of power is not within their mandates.

The EU, Commonwealth, MDP and local civil society groups have called for independent and impartial investigation into the alleged coup, with the involvement of international experts.

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“Coup investigation not within our mandate”: HRCM, PIC, PG, ACC, MMC

Investigation into the legality and legitimacy of the transfer of power on February 7 is not within Maldives’ independent state institutions’ mandate, the institutions have said.

Instead, the Human Rights Commission of the Maldives (HRCM) and the Police Integrity Commission (PIC) will respectively investigate human rights violations and police conduct on February 7.

The Prosecutor General (PG) and the Maldives Media Council claim the two bodies do not have investigative authority, while the Anti-Corruption Commission (ACC) said no cases have been lodged with the commission regarding the transfer of power.

Following the Commonwealth and EU’s call for an impartial investigation into the alleged coup d’état, President Dr Mohamed Waheed Hassan appointed a three member Committee of National Inquiry (CNI) to investigate the transfer of power. However, the commission has come under fire from the Maldivian Democratic Party (MDP) and civil society groups for unilateralism and lack of independence.

Moreover, the CNI has said it will not conduct a criminal investigation, but will publish a report based on members’ informed opinions in May. The commission’s mandate “specifically indicates that the inquiry will not be a criminal investigation. Any criminal investigation pertaining to the subject of the inquiry will remain the responsibility of the relevant authorities”.

But with the abdication of responsibility by independent state institutions, it now appears no independent commission in the Maldives will investigate the power transfer of February 7.

Ousted Maldivian Democratic Party (MDP) spokesperson Hamid Abdul Gafoor expressed “deep disappointment” and said institutions were “not extending themselves enough.”

“When the system breaks down, it is the responsibility of national mechanisms to deal with it. The democratic impulses driving these institutions are dying. This is why we are asking for external involvement and mediation in the inquiry,” he said.

President Mohamed Nasheed stepped down after elements of the police and military mutinied and called for his resignation. Video footage also show the police and military vandalising MDP’s offices and taking over state media Maldives National Broadcasting Corporation (MNBC) prior to Nasheed’s resignation.

Police cracked down on peaceful demonstrators in Malé the following day on February 8, leading to widespread arson and vandalism of courts, police stations and courts in the atolls.

HRCM

Speaking to Minivan News, the Human Rights Commission of the Maldives (HRCM) said the commission will investigate human rights violations on February 6, 7, and 8, and release a comprehensive report by mid-April. However, the commission will not look into the transfer of power.

“We will not be looking into the transfer of power. The transfer of power is out of the commission’s mandate or the capacity in terms of numbers to investigate such a complex matter that involves so many institutions,” said commission member Ahmed Abdul Kareem.

“If HRCM gets involved in this inquiry, then we will not be able to investigate day-to-day cases,” he added.

He also said the best solution was for an impartial state inquiry with the representation of the Majlis and courts.

HRCM is currently investigating former President Mohamed Nasheed’s detention of Chief Judge of the Criminal Court, Abdulla Mohamed. The former President, along with former Home Minister Hassan Afeef and Defence Minister Tholath Ibrahim, were last week summoned for questioning by the commission.

In response Gafoor said, “If the HRCM does not understand a coup to be an infringement of an entire public’s human rights, they are not extending themselves at all.”

Police Integrity Commission

President of the Police Integrity Commission (PIC) Shahindha Ismail said the commission would only be investigating the legality of police actions before and after February 7.

“Although the question of a coup has been raised, the PIC does not have the mandate to investigate such a claim. We are investigating police actions before and after February 7—whether they were lawful or unlawful,” she said. The PIC can only address the question of police mutiny once investigations are complete, she added.

Further, the PIC can only investigate the police role, but not that of the military. “There is no oversight body of the military except for the parliament,” she said.

Police Commissioner Abdulla Riyaz previously told local media the police would not be conducting an internal investigation of police conduct during transfer of power, citing concern of investigation “overlap” on the issue between the HRCM and the PIC.

Prosecutor General’s Office

Deputy PG Hussein Shameem said the Prosecutor General was not an investigative body, but could order an investigation if an investigation is not taking place.

“We have not ordered an investigation because we have been informed such an investigation is ongoing,” Shameem said referring to the CNI’s work.

Article 223 (d) of the constitution gives the PG the authority to oversee the legality of preliminary inquiries and investigations into alleged criminal activity. However, with the CNI stating it will not conduct a criminal investigation, the PG office’s role in the CNI inquiry is now unclear.

Maldives Media Council

Minivan News asked the Maldives Media Council (MMC) whether it was investigating the police and military takeover of the Maldives National Broadcasting Corporation (MNBC) on February 7. Video footage shows some kind of firearm or explosive being used to enter the courtyard, and MNBC staff alleged the police and military intimidated them, and forced some journalists to go home before rebranding the station to its former title under Maumoon Abdul Gayoom.

The 15 member MMC is mandated by law to establish and preserve the freedom of media.

MMC President Mohamed Nazeef said the council was not an investigative body, and was waiting on other institutions to complete investigations.

“We are waiting since other institutions, such as the HRCM are investigating this matter. We do not want an overlap. We are not an investigative body and we cannot conduct an in-depth criminal investigation. We can only recommend matters of concern to the police. But if no one is investigating the issue, we will address it,” he said.

“MNBC was state media, controlled and protected by the government. Our concern and focus was more on the media personnel and private independent media organisations,” Nazeef added.

The Anti-Corruption Commission

The Anti-corruption Commission (ACC) said that although the MDP alleged elements of the police and the Maldives National Defense Forces (MNDF) were bribed to revolt against Nasheed, the commission could not investigate the entire military and police force.

“There are allegations that the police and military took bribes during the transfer of power. But there are approximately 5000 police officers. We cannot investigate the entire police force. We would need to conduct a forensic investigation, check their bank accounts and the bank accounts of relatives. But no one, even on a podium, has said with certainty the individual who took bribes. They say all police officers took bribes. I would like whoever is accusing the police to give us more details,” ACC President Hassan Luthfee said.

He also said there had only been two cases submitted regarding the transfer of power. One of them concerned a complaint that MDP demonstrators who laid money at police feet were actually bribing the police. The MDP were protesting against alleged police bribery.

The CNI

The CNI has now asked for witness statements and asked the public to upload statements and videos on their website if witnesses were uncomfortable giving statements in person.

The CNI has collected statements from all political parties except the MDP. But the MDP has refused to cooperate with the committee.

“We do not recognise the CNI. How can the people who instigated a coup investigate the coup? There is no validity in the process. How can we give any weight to it?” Gafoor told Minivan News.

The MDP has raised concerns over the committee’s composition. The CNI is chaired by former President Maumoon Abdul Gayoom’s Defence Minister Ismail Shafeeu. The MDP has also called for strong international presence on the commission.

The EU, Commonwealth, India, UK and the US have called for an impartial investigation.

Dr Waheed Hassan told local television station Villa TV (VTV) he would resign and reinstate ousted President Nasheed if the CNI established the February 7 transfer of power to be illegitimate.

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MDP refuses to cooperate with CNI citing concerns over impartiality

The ousted Maldivian Democratic Party (MDP) has said it does not recognise the Committee of National Inquiry (CNI), in response to the committee’s call for cooperation on Thursday.

President Mohamed Waheed Hassan charged the CNI with looking into the legality and legitimacy of the transfer of presidential power on February 7. The MDP alleges former President Mohamed Nasheed was deposed in a coup d’état and have called for early elections.

The CNI told local media all political parties have complied with request for statements except for the MDP. But the committee said it believed MDP may cooperate if the CNI addressed the party’s concerns, local media reported.

The CNI did not appear to commit to addressing MDP concerns, but instead requested dialogue.

However, MDP spokesperson Hamid Abdul Gafoor said, “We do not recognise the CNI. How can the people who instigated a coup investigate the coup? There is no validity in the process. How can we give any weight to it?”

Gafoor also noted that the CNI had not requested for statements from officials of Nasheed’s administration.

Dialogue

According to local media Sun Online, committee head Ismail Shafeeu said, “[The MDP] have told media that they are dissatisfied with the commission. They have said the same to us.”

Further, CNI member Mohamed Fawaz Shareef had said he believed the MDP may cooperate if the CNI addressed the party’s complaints. The CNI have now requested for dialogue with the party, reports Sun Online.

According to Sun Online, the CNI also said although the UN had assured the committee of assistance, the committee had not heard back from the UN. The CMAG has offered assistance to the investigation, but the government said it favors UN assistance over that of the Commonwealth.

The CNI have requested for statements or videos to be uploaded to its website if witnesses are uncomfortable with submitting statements in person.

The CNI has said its inquiry is not a criminal investigation, but that the final report will consist of the three members’ opinions on the events of February 7.

Minivan News tried to contact the CNI for further comment, but the committee said it did not speak to the media except during its biweekly press briefings.

The committee is expected to complete its inquiry by May 31.

Dr Waheed Hassan told local television station Villa TV (VTV) he would resign and reinstate ousted President Nasheed if the CNI established the February 7 transfer of power to be illegitimate.

“Flawed”

The MDP has criticised the lack of cross-party consultation in compiling the committee and the lack of international experts on the committee.

“It has been conceived and imposed by those parties allied to Dr Waheed without any consultation with MDP. It does not include any eminent international experts. And the inclusion of individuals who held Cabinet posts during the autocratic government of former President Gayoom, including the appointment of a Chair – Mr. Ismail Shafeeu – who had held various ministerial posts under former President Gayoom including the position of Defense Minister at a time of widespread human rights abuses in the country, suggests that no effort has been made to ensure independence and impartiality,” the MDP said in February.

The EU, Commonwealth, India, UK and the US have called for an impartial investigation.

Local NGOs Transparency Maldives, Maldivian Democracy Network, Maldives NGO Federation and Democracy House have called on the CNI to seek cross-party support, international assistance and have asked for observer status.

According to the CNI’s website, its members held meetings with the Adhaalath Party, the Dhivehi Qaumee Party (DQP), Progressive Party of the Maldives (PPM) and the Maldives Reform Movement (MRM). The CNI has also met Commonwealth Special Envoy Sir Donald McKinnon, the UN’s Mediation Expert, and three NGOs. These are the Maldives Democracy Network, Transparency Maldives, and Democracy House.

It has also met with media outlets, the Attorney General’s Office, the Foreign Ministry, Communication Authority of Maldives, Police Integrity Commission, Human Rights Commission of the Maldives, the Civil Service Commission and the Prosecutor General’s Office.

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