Author: Neil Merrett

Fiji: a case study in the realities of Commonwealth suspension

As Maldivian politicians contemplate renouncing the country’s membership in the Commonwealth amidst threats of suspension, a sign of some of the implications the country may face should this come to pass can be seen in the Pacific Ocean-based island nation of Fiji.

In September 2009 Fiji was itself suspended from the Commonwealth, a 54 member state intergovernmental organisation rooted in the former British empire,  after Fiji’s military heads refused to hold previously-agreed elections in 2010 after coming to power.

Fiji’s suspension had significant economic and diplomatic ramifications for the island nation after some foreign powers began to see the country as a “rogue state”, resulting in a significant drop in aid and other assistance, according to New Zealand-based geopolitics consultancy, 36th Parallel Assessments.

Estrangement

Fiji found itself facing “estrangement” from western aid and other technical programmes after it was suspended from the Commonwealth three years ago.

Fiji’s suspension from the Commonwealth saw the country isolated from “aid donors aligned to western democracies”, observed Selywn Manning from 36th Parallel Assessments.

“This brand of authoritarian government caused aid donor nations and bodies (most significantly donor funds from the European Union) to be cut. Donors became reticent to commit development funds to Fiji, and indeed the Commonwealth member states in the Pacific region used this withdrawal of aid funds as a lever to pressure Fiji to return to democratic rule,” Manning explained.

The suspension also led to a shift in attitudes towards investment and business spending in the country, particularly tourism.

“Fiji’s isolation was made worse for its people due to the Commonwealth suspension decision following on from the position taken by the Pacific Islands Forum – a body consisting of 16 independent south/west Pacific islands states. The Pacific Islands Forum leaders had earlier decided to suspend Fiji until it recommitted to free and fair democratic elections,” Manning said.

“Fiji’s refusal to do so caused Australia and New Zealand to express a foreign policy that enforced travel and visitor sanctions levelled against Fiji’s ruling military elite and their families. The two western aligned nations also successfully lobbied the United Nations secretariat to de-commission, or discontinue, Fiji soldiers from taking part in peacekeeping operations around the world. The consequence of these moves caused Fiji’s economy to suffer. By late 2008, Fiji’s economy was in recession and this in-turn impacted on the livelihoods of ordinary Fiji families.”

International standing

The vacuum left by Western-aligned interests was quickly filled by other countries, especially China, Manning said.

China became the “most significant” of these external powers to befriend Fiji whilst more “Western aligned” bodies such as Australia, New Zealand and the wider Commonwealth organisation effectively enforced “estrangement” on the nation, he said.

“The People’s Republic of China (PRC) committed to aid and donor programmes and Fiji’s people began to notice positive change. PRC funds permitted the military regime to put its soldiers to work building new roads and improve infrastructure and government owned facilities. The military regime also permitted an increase in Chinese enterprise to establish inside Fiji, while western foreign and private investment stagnated or declined,” he said.

According to Manning, as Fiji has begun to accede to international pressure to host democratic elections by 2014, one of the key drivers towards the development was the belief that China’s donor support did not account for losses incurred by Commonwealth suspension.

“There are two elements that are able to be identified as significant influencers in [terms of scheduling elections for 2014]. The Peoples Republic Of China’s committed donor programme does not replace in dollar terms the loss Fiji has experienced to its total aid funds received ledger,” he explained.

“This has caused Fiji’s military government to move to sustain donor funds from the PRC while inching toward recreating Fiji as a post-coup democratic state,” he added. “Should elections be held in 2014, Fiji anticipates western aid funders will re-establish contact with its government and re-commit to assistance programmes.

“The second element is the United States’ position to establish warm relations with Fiji, encourage foreign investment in a post-election period and welcome Fiji back as a nation on friendly-nation status terms.”

While it remains suspended from the Commonwealth, Manning said Fiji has still been able to represent itself before the general assembly of the United Nations. However Fiji’s relationship with its wealthy neighbors, Australia and New Zealand, remained terse.

Manning added that Fiji had also retained membership in the Melanesian Spearhead Group (MSG), a four member inter-governmental body that includes Papua New Guinea (PNG), Solomon Islands and Vanuatu among its representatives.

“The Melanesian Spearhead Group (MSG) did not suspend Fiji but has given Fiji a degree of legitimacy around the Pacific region,” he noted.

“The MSG was usually dominated by Papua New Guinea’s wishes, but since 2010, PNG has supported Fiji’s Prime Minister and military leader Commodore Voreqe (Frank) Bainimarama’s chairmanship of the Melanesian bloc,” he said. “Once stable in the role, under Bainimarama’s leadership, Melanesian nations have moved to establish unprecedented independence – most recently Melanesian leaders agreed to establish a regional security force called The Legion which would arguably replace regional assistance missions led by Australia and New Zealand should civil unrest cause a Melanesian state to require external assistance to quell an uprising.”

As well as defence agreements, the MSG is also said to have moved to represent its members among global bodies without having Melanesian countries go through the Pacific Islands Forum. Funding to do this has come from donors including the People’s Republic of China, Timor Leste, and Luxembourg.

National mood

Asked how the Fijian public viewed the Commonwealth’s actions to suspend its membership, Selwyn responded that it was hard to identify a particular national mood, owing to the country’s strongly-polarised society around two distinct ethnic groups.

Of these two groups, indigenous Fijians and the Indo-Fijian population, Selwyn claimed the latter had benefited from a move by the present military regime towards a less racially segregated societal system.

“The regime’s goal is to legislate and enforce a new constitution which will remove political protections for Fiji’s indigenous peoples and stamp out so-called corrupt practice by Fiji’s former power-elite. It appears many Fijians, subscribing to both ethnic groups, support Bainimarama’s plan,” he said. “Also, due to staunch censorship decrees enforced in post-coup Fiji it is difficult to analyse a statistically accurate poll of public opinion.”

However, 36 Parallel Assessments, in its research, said that what support the current government did have among its people and international partners could well be dented by a failure to adhere to the 2014 election timetable.

In terms of the immediate future for Fiji, the nation still remains suspended from the Commonwealth, a decision that will be maintained until scheduled democratic elections are held in 2014.

However, Selwyn said that in terms of the Commonwealth’s success or failure in resolving the country’s political upheavals, it was important to look at the organisation’s work within the wider international community.

“The Commonwealth’s demand that Fiji must return to democracy has not set it apart as the stand-alone entity that will cause Fiji to return to democracy. Rather it is a voice among numerous bodies that are pressing the argument,” Manning said.

“It is the cumulative voice that has caused Fiji to take notice and to express a willingness to hold elections in 2014 post establishing a new constitution,” he added. “Should Fiji’s prime minister Commodore Bainimarama be elected as leader in 2014, then he will have pulled off a political coup, South-Pacific style. And that is a tempting proposition for an isolated military man to ponder.”

Maldives and CMAG

The Maldives has already been suspended from Commonwealth’s human rights and democracy arm, the Commonwealth Ministerial Action Group (CMAG). However, Commonwealth Secretariat Spokesperson Richard Uku cautioned against comparing the Maldives against a former member state like Fiji.

“Each country situation that CMAG has considered in the past has had its own particular characteristics. It would not be fair to compare one situation against the other,” Uku said.

As one of the more active elements of the international community in the Maldives following the controversial events of February 7, the Commonwealth has become a bellweather for the response of the wider international community.

The European Union told Minivan News last week that it continued to back CMAG and its Special Envoy Sir Donald Mckinnon in pursuing early elections, and an independent inquiry into the transfer of power that saw President Mohamed Waheed brought to office amid violent demonstrations, an assault on Male’s military base by mutinying police, and the storming of the state broadcaster.

While the Commonwealth has been criticised by Maldivian politicians associated with the new government, Secretariat Spokesperson Uku claimed the organisation’s experience had shown that no member state wished to be placed in such a situation as to be suspended from the group.

“Commonwealth membership carries political, economic and social benefits for member states and is valued by our member states. It also carries obligations about adhering to certain fundamental political values,” he said.

“Suspension from the councils of the Commonwealth has practical ramifications in terms of a member state being excluded from official Commonwealth meetings at various levels and being barred from receiving new technical assistance in many areas.”

Following its most recent meeting on April 16, Commonwealth Ministerial Action Group (GMAG) warned of  “stronger measures” against the Maldives if conditions regarding the independence of Dr Waheed’s Commission of Independent Inquiry (CNI) were not met. Some MPs aligned with the government subsequently called for the Maldives to preemptively disassociate itself from the Commonwealth.

State Minister for Foreign Affairs and daughter of former President Gayoom, Dunya Maumoon,  meanwhile accused the organisation of showing “bias” against the new President in its calls for early elections, claiming it had been misinformed. President’s Office Spokesperson Abbas Adil Riza said last week that the Maldives was committed to remaining a Commonwealth Member, but “only under the regulations of our constitution”.

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Commonwealth reiterates call for 2012 elections; government says July 2013

The Commonwealth has reiterated its call for early presidential elections in the Maldives before 2013, but said it will only consider “stronger measures” against the Maldives government should the administration fail to establish a “credible” independent Commission of National Inquiry (CNI).

President Mohamed Waheed Hassan last week responded that “early” elections would be held in July 2013, the earliest possible date allowed under the constitution, and pledged to continue working with the Commonwealth nonetheless.

Commonwealth Ministerial Action Group (CMAG) has warned it would take “stronger measures” against the Maldives government – which could potentially include suspension from the body – should the CNI’s composition and mandate not be amended within four weeks. CMAG also stressed that it saw ongoing talks between “senior” political representatives and early elections as the best way forward to maintain the country’s democratic transition.

The CNI was itself formed by Dr Waheed to independently verify the legitimacy of February’s transfer of power and the legality of his tenure as president, both of which are contested by the ousted Maldivian Democratic Party (MDP). The MDP contends that the CNI is stacked with supporters of former President Maumoon Abdul Gayoom, the country’s autocratic leader of 30 years who was displaced by Nasheed.

In a statement yesterday, the President’s Office claimed that the coalition parties making up Dr Waheed’s “national unity government” were all in support of elections being held in July 2013.

“The CMAG’s primary mandate is to defend the Constitutions of the Commonwealth member states, and the Maldivian Constitution is very clear on when Presidential elections can be held.  The government is confident that once the CMAG is fully aware of this, they will come out in support of July 2013 elections,” the statement read, also criticising the now opposition Maldivian Democratic Party (MDP) for demanding early polls.

“The MDP’s advocacy for elections earlier than July 2013 merely serves to highlight the persistent constitutional violations of the previous administration.”

The now opposition MDP, which maintains that Waheed was brought to power in a “coup d’etat”, has contended that elections could be held within several months should Waheed resign and hand his powers to Parliamentary Speaker Abdulla Shahid.

Under the constitution should Waheed resign, the Speaker would run an interim government for  maximum of 60 days followed by a presidential polls. Earlier, Waheed’s government disputed the “conditions” for an early election, on the basis of high political tensions, economic viability, capacity of the elections commission, and weak state of the judiciary.

The United States has since pledged US$500,000 in technical assistance for elections, to be made available from July 2012.

Several parliamentary by-elections were also held last weekend, in which candidates from pro-government parties came to power in the Thimarafushi and Kaashidhoo constituencies.

“Stronger measures”

The exact nature of the “stronger measures” that could be taken against the Maldives remains vague, but could include suspension from the group. Fiji – another island nation – was expelled by the Commonwealth in 2006 following a military coup. The Maldives has meanwhile been suspended from participation on CMAG.

“Each country situation that CMAG has considered in the past has had its own particular characteristics. It would not be fair to compare one situation against the other,” said Commonwealth Secretariat Spokesperson Richard Uku.

“CMAG has always sought to engage constructively with member states, and the Maldives is no exception. We would not like to speculate about what ‘stronger measures’ might be considered by CMAG if warranted, but a range of options is available to CMAG, including suspension from the Councils of the Commonwealth.”

Former High Commissioner Dr Farahanaz Faizal, who attended the CMAG meeting, has previously said that the nature of the “stronger measures” proposed against the government could potentially have serious ramifications for the Maldives ongoing membership in the Commonwealth.

Though she was not present herself at the time, Dr Faizal was led to understand that, when questioned about the possible nature of further action against the government, the meeting’s chair suggested that suspension of the Maldives from the Commonwealth would be pursued if concerns over the CNI were not met.

Despite having previously accused the Commonwealth of showing “bias” towards the MDP in calling for early elections, the government has said it remains committed to being a member of the Commonwealth.

“We wish to continue to be members in the organisation, but we only would do so under the regulations of our constitution,” President’s Office spokesperson Abbas Adil Riza said earlier this week.

Asked at the time if he was confident the government could satisfy the calls from CMAG relating to the impartiality of the CNI, Abbas again said that it would first be important to clarify what exactly was expected of President Waheed’s administration.

Ahmed Thasmeen Ali, leader of the government-aligned Dhivehi Rayyithunge Party (DRP), reportedly criticised CMAG’s investigation this week as being “incomplete” and “failing to address the views of the Maldivian people”.

Commonwealth obligations

Secretariat Spokesperson Uku claimed that the organisation’s “experience” had shown no member state wished to be placed in such a situation as to be suspended from the group.

“Commonwealth membership carries political, economic and social benefits for member states and is valued by our member states. It also carries obligations about adhering to certain fundamental political values,” he said.

“Suspension from the councils of the Commonwealth has practical ramifications in terms of a member state being excluded from official Commonwealth meetings at various levels and being barred from receiving new technical assistance in many areas.”

EU backing

Representing 54 nations, the Commonwealth’s stance on the Maldives is a bellweather for the rest of the international community. The European Union told Minivan News this week that it continued to back CMAG and its Special Envoy Sir Donald Mckinnon in pursuing early elections and an independent inquiry.

An EU spokesperson said that considering the Maldives’ recent political upheaval, it was working with the Commonwealth and UN over issues such as judicial reform. The issue of judicial reform was initially raised by former President Mohamed Nasheed, and ultimately led to his detention of Chief Criminal Court Judge Abdulla Mohamed, who Nasheed’s government alleged “held the entire criminal justice system in his fist”.

The EU spokesperson claimed that discussions on judicial matters had already been held with the Maldives minister of State for Foreign Affairs, adding that the country had also reportedly asked for Commonwealth assistance.

Former President Nasheed came under international scrutiny for detaining Criminal Court Chief Judge Abdulla Mohamed in the run up to his controversial resignation on Febraury 7 – a resignation he subsequently said was made under “duress”.

The former government detained the judge, who stands accused of several charges of misconduct, on suspicion that he was abusing his position and acting as a threat to national security. Nasheed’s government sought to resolve the impasse by appealing for help from the international community.

In a recent interview Nasheed told Time magazine that he believed the international community had been “very late” in providing meaningful assistance in assisting with the crisis.

Responding to the claims, the EU spokesperson said that the organisation had been approached “only a few days” before Feb 7 to provide assistance.

“Events then overtook Nasheed’s request,” the spokesperson said.

Government supporters are now pushing for Nasheed to face criminal charges for the arrest of the judge, which would potentially scuttle his election campaign.

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Dhiraagu warns of “degraded” internet service over submarine cable damage

Dhiraagu has said its internet customers could face “degraded service” for the next few days as work is undertaken to repair a damaged submarine cable between the Maldives and Sri Lanka.

Dhiraagu spokesperson Imjad Jaleel said that “diversity routes” were
now being used by the company to ensure that locally hosted web
services could be accessed today, as it aims to prioritise the
provision of web browsing and e-mail services to customers.

“There should be no problems for locally hosted sites right now,”
Jaleel claimed. “We are looking to make use of diversity routes that
will allow us to prioritise important services such as e-mail and
browsing services for our customers even on sites based
internationally.”

Degraded services started occurring on Wednesday evening.  Some business
organisations have expressed concerns that interrupted services were
already having a detrimental impact on local businesses such as those in the
tourism sector that rely on online bookings.

Dhiraagu is one of the country’s largest internet service providers,
dominating the internet and telecommunications sector. Dhiraagu’s main
competitor Wataniya has said it does not currently have any issues with the
provision of its internet services.

Submarine cable

According to Dhiraagu, the problem with its internet service has arisen due
to damage sustained on a section of international submarine cable
located 26 kilometres off the coast of Sri Lanka. The cable is used by
the company to provide broadband services to the country.

Jaleel said the damaged area of cable had been located and a
regionally-based specialised vessel called the Asean Explorer was now
on its way to the affected area to conduct repairs. The vessel is
expected to arrive in the next 24 to 48 hours.

“This has impacted our customers’ access to the internet, it is
estimated that normal services will return in three to four days,”
Jaleel said. “The cable is located 40 metres below the water and this
is the first time that damage like this has taken place on our
network.

Jaleel said the company would not know the exact cause of the damage
to the cable until the Asian Explorer vessel began repairs. However,
he said the damage may been caused by a vessel anchoring in shallow
waters.

“We would like to assure customers that we are presently seeking out
diversity routes and that everyone should be able to access locally
hosted web sites,” he said. “The Asian Explorer vessel that is on its
way now is designed specially to deal with repairs like this.”

Speaking to Minivan News today, the Maldives National Chamber of
Commerce and Industry (MNCCI) Vice President Ismail Asif claimed that
it had received several concerns regarding the impact of internet
connectivity issues on local business.

Asif claimed that the chamber had not received information from Dhiraagu as
yet on the issues affecting local internet service, adding that the
organisaton has itself been experiencing problems with its e-mail.

“We are still awaiting information right now from our members on the
scale of the impact, but almost everything we do relies on e-mails,
even letters we receive are scanned rather than faxed these days,” he
said. “Therefore, we expect there to be a huge impact on businesses.”

In terms of specific vulnerabilities to internet connections, the
MNCCI said that many of the country’s tourism related companies
significantly based their operations online.

“We cannot give the number of websites that are down right now
obviously as the internet situation is hindering our own work,” he
said.

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Government seeks CMAG clarification over CNI “independence” concerns

The Maldives government is seeking clarification over criticisms levelled against it this week by the Commonwealth Ministerial Action Group (CMAG) concerning the composition of an independent inquiry body set up to probe February’s transfer of power.

On Monday, CMAG set a deadline of four weeks for President Waheed’s government to review the Committee of National Inquiry (CNI)’s composition and terms of reference.

Speaking to Minivan News, President’s Office Spokesperson Abbas Adil Riza said that the administration was looking to speak with CMAG to clarify the exact nature of its concerns. He stressed the government would continue to work with the Commonwealth body over the latest set of calls regarding the CNI.

President Mohamed Waheed Hassan’s administration has continued to face calls over the last month from CMAG to hold early elections during 2012. These calls, also backed by international political bodies like the EU, additionally require the government to ensure an independent enquiry is conducted into its legitimacy amidst opposition claims that it had come to power in a “coup d’etat”.

President Waheed yesterday said that the government was committed to meeting Commonwealth calls for an independent inquiry, as well as agreeing to hold early elections. However, the president added that this could only be done by July 2013 under the present constitution.

The CNI is the body established by the president to conduct an independent inquiry into the transfer of power that saw Dr Waheed take office on February 7.

The president later established a coalition government made up of former opposition parties. The Maldivian Democratic Party (MDP) had itself refused to join the government as it continues to question the administration’s legitimacy.

CMAG concerns “not communicated”

Abbas said that the government felt the exact nature of CMAG’s concerns in the report were “not communicated”, adding that any criticisms should be based on clear statements.

“The government will enquire with CMAG about what exactly their concerns are,” he said. “The Foreign Ministry will request more information on this.”

As of yesterday evening, a Foreign Ministry official contacted by Minivan News said that the ministry would be issuing a statement giving its response to CMAG at a later date.

In a statement released Tuesday, President Waheed announced that his government welcomed an offer from Commonwealth Special Envoy Sir Donald McKinnon to “assign a judge to advise and assist the Commission of National Inquiry (CNI).”

The President also claimed he would hold early elections as requested by international bodies such as the Commonwealth and EU, but would do so by July 2013 – “the earliest date permitted under the Constitution”.

As part of its statement following its meeting in London this week, CMAG, the body charged by the organisation to deal with human rights issues, reiterated the need for long-term measures to strengthen the capacity of the country’s judicial sector. It also called for fresh party talks between the country’s most senior political representatives.

The need for long-term measures to strengthen the capacity of the country’s judicial sector, as well as fresh party talks between the country’s most senior political representatives in helping resolve the current political situation was also raised.

Abbas Adil Riza said that while the government did welcome the recommendations of CMAG in regards to establishing administration’s legitimacy, he added that the it would do so only within the bounds of the constitution and the laws of the Maldives.

When asked if he was confident the government could satisfy the calls from CMAG relating to early elections and the impartiality of the CNI, Abbas again said that it would first be important to clarify what exactly was expected of President Waheed’s administration in regards to establishing independent mechanisms in the CNI.

When asked, Abbas maintained that the Maldives was committed  to remaining as a member of the Commonwealth.

“Obviously,” he responded.  “We wish to continue to be members in the organisation, but we only would do so under the regulations of our constitution.”

Opposition response

Whilst the government continues to seek clarification on the nature of the commitments expected of it by the Commonwealth, the now opposition MDP said this week that it too welcomed CMAG’s latest statement.  The party’s calls for presidential elections to be held later this year –  a stance former President Mohamed Nasheed continues to promote internationally – were also backed by CMAG.

MDP spokesperson Hamid Abdul Ghafoor expressed particular encouragement for the Commonwealth’s decision to set a four week deadline to address concerns about the impartiality of the CNI.

However, Ghafoor believed that foreign assistance may be needed on the basis of mediation to move forward in resolving questions over the legitimacy of President Waheed’s position.

“The government has continued dragging their feet on both holding meaningful road map talks towards securing early elections and in ensuring the independence of the CNI,” he said.

“The next step now could be in third party mediation.”

Ghafoor claimed that mediation could be provided by asking a Commonwealth nation like India to try and help facilitate fresh talks such as all party roadmap discussion.  Previous attempts at such talks have stalled on several occasions during the last two months owing to disagreements between the MDP and several parties in Dr Waheed’s national unity government.

“In the next four weeks, we are willing to engage with the government on CMAG’s recommendations,” he claimed at the time. “We resumed [roadmap] talks but there are eight pro-government representatives compared to just one of us wanting to make decisions on a vote basis. Obviously we have a problem on how to move ahead right now.”

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MDP eyes mediation as next step forward following CMAG recommendations

The Maldivian Democratic Party (MDP) has said third party mediation -possibly from India – may be needed to help resolve the present stalemate between itself and the coalition government as the Commonwealth steps up pressure for early elections.

Party spokesperson Hamid Abdul Ghafoor today claimed that such mediation was needed as the government of President Mohamed Waheed Hassan had continued “dragging its feet” in committing to international calls to hold early elections before 2013.  He also criticised what he claimed was a government failure to establish a suitably independent inquiry into the nature of February’s transfer of power.

The comments were made as the Commonwealth Ministerial Action Group (CMAG) yesterday met to discuss developments within the Maldives.  The meeting came one month after the Commonwealth body, which is charged with dealing with human rights issues, called for polls to be held as soon as possible to remove any doubts over the legitimacy of President Waheed’s government.

Following yesterday’s meeting, CMAG set a deadline of four weeks for President Waheed’s government to address concerns relating to a perceived lack of impartiality in the Committee of National Inquiry (CNI).  The CNI is the body established by the president to conduct an independent inquiry into the transfer of power that saw him take office.

Following yesterday’s meeting , CMAG continued to push for early elections to be called by the end of 2012 at the latest, whilst also committing to strengthening democratic institutions like the judiciary in the country by working with international partners like the UN.

The Commonwealth body, which consists of foreign ministers from a number of member states including Australia, Bangladesh, Canada, Jamaica and Tanzania, said yesterday that failure by the government to amend the CNI would result in the organisation taking “further and stronger measures”.

When contacted by Minivan News today, a spokesperson for the CNI said that it was aware of the latest statement released by the CMAG, but added the commission was itself unable to enact changes to its composition.

“The CNI was set up by the president, so it will be for the government to discuss this [CMAG’s findings],” the spokesperson said.

President’s Office spokesperson Abbas Adil Riza said that with the official visit of Palestinian President Mahmoud Abbas to the country today, the government had not yet drafted its official response to CMAG’s statement.

Abbas said he expected an official government response to be released during the next 24 hours.

Opposition perspective

In addressing CMAG’s concluding statement yesterday from an opposition perspective, MDP spokesperson Ghafoor welcomed the Commonwealth’s continued calls for early elections, as well as the organisations concerns about the impartial structure of the CNI.

However, Ghafoor believed that foreign assistance may be needed on the basis of mediation in going forward to resolve questions it held over the democratic mandate of President Mohamed Waheed’s government.

“The government has continued dragging its feet on both holding meaningful road map talks towards securing early elections and in ensuring the independence of the CNI,” he said.  “The next step now could be in third party mediation.”

Ghafoor claimed that mediation could be provided by asking a nation like India to try and help facilitate fresh talks.  All party roadmap discussions have already taken place with Indian assistance, but have stalled on several occasions owing to disagreements between the MDP and several parties in Dr Waheed’s national unity government.

“In the next four weeks, we are willing to engage with the government on CMAG’s recommendations,” he claimed. “We resumed [roadmap] talks but there are eight pro-government representatives compared to just one of us wanting to make decisions on a vote basis. Obviously we have a problem on how to move ahead right now.”

During an session of all-party roadmap on April 7, MDP representative and former Home Minister Hassan Afeef called the day’s meeting a “farce” after questioning the likelihood of a successful outcome during the talks.

However, representatives from other parties during the day’s talks told local media that the stalemate during the session had resulted from the MDP failing to notify other representatives that it would be calling for greater inclusion of all the country’s political parties beyond those in the government.

The talks had previously stalled last month over the MDP’s decision to block President Waheed’s constitutionally mandated address to the People’s Majlis on March 1. This led at the time to the withdrawal from the talks of the Dhivehi Rayyithunge Party (DRP), the Progressive Party of the Maldives (PPM), Adhaalath Party and the Dhivehi Qaumee Party (DQP).

However, Ghafoor claimed that the MDP was still committed to using the talks to outline a program of measures to facilitate early elections – something the government had said this week might not be needed this year following the weekend success of two of its coalition partners in parliamentary by-elections.

“We have participated at talks and we accepted the way forward at the talks put forward by India and its mediator Ahmed Mujuthaba,” the MDP spokesperson said. “We actually agreed to the plan outlined by India in the talks, they [coalition government parties] disagreed.”

Meanwhile, former High Commissioner Dr Farahanaz Faizal, who represented Mohamed Nasheed at the CMAG meeting yesterday, said that the party was “delighted” with the meeting’s outcome.  She stressed that the party particularly welcomed calls from the Commonwealth for greater impartiality in the investigation regarding February’s transfer of power, as well as the need for early elections in the country.

Dr Faizal said that, from her understanding, the nature of the “stronger measures” proposed by CMAG against the government could potentially have serious ramifications for the Maldives ongoing membership in the Commonwealth.

Though she was not present herself at the time, Dr Faizal was led to understand that, when questioned about the possible nature of further action against the government, the meeting’s chair was reported to have suggested that  suspension of the Maldives from the Commonwealth was an option on the table.

Dr Faizal did not wish to speculate on what such an action could mean for the Maldives, but she said that the ramifications for the country could be quite counter-productive for its future international standing.

“The Comonwealth is an institution made of a wide and varied selection of member states,” she said.

Speaking to Minivan News before yesterday’s CMAG meeting, President’s Office spokesperson Abbas Adil Riza said that the government felt the success of its coalition partners in three out of four by-elections over the weekend was an indication of its “mandate” amongst the Maldivian people.

Abbas therefore called on international bodies such as CMAG to take the results of the weekend’s polls into consideration when reflecting on the need for early presidential elections before the ones already scheduled for 2013.

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PG expects decision on prosecution of Mohamed Nasheed by next week

Prosecutor General (PG) Ahmed Muizz has said that a decision on whether to press charges against former President Mohamed Nasheed over the arrest of Criminal Court Chief Judge Abdulla Mohamed is expected to be made by next week.

Earlier this week, the Maldives Police Service sent the case of the arrest of the chief judge to the PG’s Office. Minivan News reported at the time that under the submitted case, former President Mohamed Nasheed could face charges for his alleged role in the Maldives National Defense Force’s (MNDF) decision to detain Judge Abdulla.

The country’s judges and their conduct became a major focus for Nasheed in the run up to his replacement by Dr Waheed in February.  The former president had raised concerns over allegations of perjury and “increasingly blatant collusion” between senior judicial figures and politicians loyal to his predecessors, former President Maumoon Abdul Gayoom.

However, Nasheed himself came under criticism from some international bodies after detaining the chief judge whilst he claimed to be awaiting international assistance from bodies like the UN and the Commonwealth with the judicial reforms.

Speaking briefly by phone today about the Judge Abdulla case and its relation to the former president, PG Muizz said that a decision had yet to be taken on whether to press criminal charges or not.

In addressing the decision-making process concerning the prosecution of a high-profile figure such as a former president of the nation, Muizz said that he would apply the same criteria that was used against any other Maldivian citizen.

MDP response

The Maldivian Democratic Party (MDP), of which Nasheed is a member, has responded to the filing of the case against the former president by claiming the decision was “pure injustice”, representing the “broken” state of the national criminal justice system.

MP Imthiyaz Fahmy commented that it was ironic that Nasheed, who had worked to foster a reputation for championing human rights in the country, could now potentially face prosecution by a judiciary that he himself believed to be guilty of several of cases of corruption.

“This is injustice. Justice is not ensured simply by a judge’s verdict on an issue, it has to be publically accepted that it is justice,” he argued.

“For the last thirty long years, the regime [of former President Maumoon Abdul Gayoom] tortured and suppressed the people. They systematically tortured the people. Those that were at the helm of torture and corruption are made as clean as ‘pure white cotton’ by the crippled judiciary.”

Charges

According to sources linked to the Judge Abdulla case, the charges levelled against Nasheed relate to the violation of article 46 of the Constitution of the Republic of Maldives, and for violation of Article 12 clause (a) of Judges Act (Act no 13/2010).

Article 44 of the Maldives Constitution states: “No person shall be arrested or detained for an offence unless the arresting officer observes the offence being committed, or has reasonable and probable grounds or evidence to believe the person has committed an offence or is about to commit an offence, or under the authority of an arrest warrant issued by the court.”

Article 12 clause (a) of the Judges Act states that a judge can be arrested without a court warrant, but only if he is found indulging in a criminal act.

The same article also states that if a judge comes under  suspicion of committing a criminal act or being about to commit a criminal act, they can only be taken into custody with a court warrant obtained from a higher court than that in which the judge presently sits.  This warrant has to be approved by the PG.

A police official confirmed on Sunday – April 15 – that the case regarding the judge’s detention had been submitted to the PG’s Office .

“Today at around 9:30am, we have submitted the case [the arrest of Judge Abdulla] to the prosecutor general. We have completed all the necessary investigations required,” the police official said at the time.

An official from the PG’s Office also confirmed to Minivan News that the charges sent to it by the police were against Nasheed. However, the official refused to explain the exact nature of the charges, stating that the case was still being assessed by their legal team.

Alcohol case

A second case involving Nasheed has also been sent to the PG by the police, involving the confiscation of bottles of alcohol allegedly found at his residence shortly after his presidency ended.

In a press conference, Deputy Head of the Drug Enforcement Department, Sub-Inspector Ismail Fareed, noted that all people questioned regarding the case had cooperated fully.

However, Nasheed maintained that he had no part to play in the confiscated liquor bottles.

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CMAG warns of “stronger measures” against government unless CNI is reformed

The Commonwealth Ministerial Action (CMAG) has said it will consider taking “further and stronger measures” against the Maldives government unless the composition of its Committee of National Inquiry (CNI) is revised in the next four weeks.

During a meeting held in London today that was attended by representatives of both the government and the Maldivian Democratic Party (MDP), CMAG continued to call for fresh elections to be called this year.

The need for long-term measures to strengthen the capacity of the country’s judicial sector, as well as fresh party talks between the country’s most senior political representatives to help resolve the current political situation was also raised.

Following the conclusion of today’s talks, CMAG said its members were critical of the government’s attempts so far to establish an independent enquiry into the exact nature of how President Mohamed Waheed Hassan came to power earlier this year.

The CNI, which is charged by the government with looking into the legality and legitimacy of the transfer of presidential power on February 7, was set up amidst international calls to provide an independent assessment of the legitimacy of President Mohamed Waheed Hassan’s administration.

The now opposition Maldivian Democratic Party (MDP), which alleges that former President Mohamed Nasheed was deposed in a coup d’état, has refused to work with the CNI claiming it lacks impartiality and had no international representation.

While reiterating its previous calls for presidential elections to be held by the end of this year, CMAG said it was with “deep regret that there had been little progress towards a political understanding in the Maldives” during the last month.

“The Group was of the view that the Commission of National Inquiry (CNI), established to assess the events leading to the transfer of power on 7 February 2012, is not independent or impartial, and has failed to gain sufficient support in Maldives,” CMAG said in a statement.

“Ministers urged the Government to review immediately the composition and terms of reference of the Commission to make it genuinely independent, credible and impartial. CMAG reiterated the Commonwealth’s offer to provide assistance in this regard.”

Amidst the concerns said to be held by the CMAG over the independence of the CNI and its ability to conduct an independent enquiry into the change of government back in February, the body also set out a time-line for the government to adhere to in order to enact reforms.

“Further and stronger measures”

“Should the composition and terms of reference of the [CNI] not be amended within four weeks in a manner that is generally acceptable and enhances its credibility, CMAG would be compelled to consider further and stronger measures,” the body concluded.

Aside from continuing to push for the establishment of fresh elections by the end of 2012, CMAG added that it also supported Commonwealth’s assistance in order to “strengthen democratic processes, institutions and culture in the Maldives.”

“In this context, it expressed support for the Commonwealth Secretariat’s technical assistance for strengthening for the long term the capacity of the judicial sector, as agreed with the authorities in Maldives,” CMAG added.

“It also welcomed the Secretary-General’s offer to provide elections-related assistance. The Group further called for the capacity of the Majlis to be strengthened.”

In supporting these stated aims, CMAG additionally welcomed ongoing collaborations between other international parties such as the UN and the Inter-Parliamentary Union (IPU).

The CMAG panel that presided over today’s talks was comprised of Foreign Ministers from member states including Australia, Bangladesh, Canada, Jamaica, Sierra Leone,Tanzania and Trinidad and Tobago.

The representatives during the course of the talks were updated on the current situation in the Maldives by the Commonwealth Secretary General and his Special Envoy, Sir Donald McKinnon who has visited the country to meet with various representatives from both sides of the political divide.

The Maldives government was represented at the talks by Attorney General Aishath Azima Shakoor, who presented evidence during the day to the CMAG panel. Dr Farahanaz Faizal also met with the CMAG panel as a representative for former President Mohamed Nasheed.

Azima Shakoor could not be contacted by Minivan News at the time of going to press for her reaction to CMAG’s conclusions.

By-election “mandate”

Speaking to Minivan News yesterday ahead of today’s CMAG meeting, President’s Office spokesperson Abbas Adil Riza said that the government felt the success of its coalition partners in three out of four by-elections over the weekend was an indication of its “mandate” amongst the Maldivian people.

Abbas therefore called on international bodies such as CMAG to take the results of the weekend’s polls into consideration when reflecting on the need for early presidential elections before the ones already scheduled for 2013.

“It is clear that there is public support in the country for this government and that there are not any problems with its constitutional mandate to be in power. In three out of the four elections held, the coalition won by a clear majority,” he said at the time. “The MDP has continued to call for early elections, though yesterday’s elections show that the public backs the government until early elections can be held in July 2013.”

In a statement released Saturday whilst polling was being conducted, the MDP maintained the by-elections indicated that the country was able to hold “free and fair elections” as soon as possible.

“The MDP has consistently called for early presidential elections in the Maldives to resolve the political deadlock that exists since the unlawful transfer of power on February 7 following police and military backed coup in the Maldives,” stated party spokesperson Hamid Abdul Ghafoor .

“Elections today are held at a time when [former President Maumoon Abdul] Gayoom has publicly stated early Presidential elections would not be held in the Maldives citing conditions for elections are not right and also that Elections Commission does not have the capacity to hold early elections in the Maldives.”

CMAG was last month accused by members of President Waheed’s government of showing “bias” towards certain political parties in calling for general elections as early as possible to resolve questions over the administrations legitimacy.

The government later said it was concerned over the “language” used by the Commonwealth in its statement.

The President’s Office said last month said that although it was not for the time being looking to leave the Commonwealth, it added that such a move could be considered if CMAG continued to use similar language in the future.

“If this language continues, we will look to consider our position [in the Commonwealth],” government spokesperson Abbas Adil Riza told Minivan News at the time.

The government later denied it had made such claims, alleging to local media that the report in Minivan News had been “politically motivated”.

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Government rules out 2012 presidential vote on the back of by-election “Mandate”

The government has said that victory yesterday for its coalition partners in two parliamentary by-elections is a clear indication of its “mandate” amongst the Maldivian people to remain in power until 2013, despite continued local and international calls for early elections.

Following the weekend’s elections, government spokesman Abbas Adil Riza today called on international bodies to take the results of the polls into consideration when reflecting on the need for fresh national polls.

Amidst mostly peaceful voting, official provisional results from the country’s Elections Commission showed that Ahmed Shareef of the Progressive Party of Maldives (PPM) and the Jumhoory Party’s (JP) Abdullah Jabir both beat ousted Maldivian Democratic Party (MDP) candidates to take seats in the People’s Majlis.

From a government perspective, Abbas claimed that the by-elections should be seen as a “vote of confidence” by the public in the national unity government made up of parties such as the JP, the PPM and the Dhivehi Rayyithunge Party (DRP).

However, the MDP maintained yesterday that the by-elections indicated that the country was able to hold “free and fair elections” as soon as possible.

“The MDP has consistently called for early presidential elections in the Maldives to resolve the political deadlock that exists since the unlawful transfer of power on February 7 following police and military backed coup in the Maldives,” stated MDP spokesperson Hamid Abdul Ghafoor .

“Elections today are held at a time when [former President Maumoon Abdul] Gayyoom has publicly stated early Presidential elections would not be held in the Maldives citing conditions for elections are not right and also that Elections Commission does not have the capacity to hold early elections in the Maldives.”

Public support

In addressing the MDP’s claims, government spokesperson Abbas believed the results of polling for the two parliamentary and two Island Council seats indicated public acceptance of President Waheed’s administration.

“It is clear that there is public support in the country for this government and that there are not any problems with its constitutional mandate to be in power. In three out of the four elections held, the coalition won by a clear majority,” said Abbas. “The MDP has continued to call for early elections, though yesterday’s elections show that the public backs the government until early elections can be held in July 2013.”

CMAG

Abbas’ comments were made as the Commonwealth Ministerial Action Group (CMAG), which was last month criticised by President Waheed’s government for showing “bias” in calling for early elections, is set to convene tomorrow.

The political situation in the Maldives since the transfer of power that bought President Waheed into office on February 7 will be a key topic of discussion for the tomorrow’s meeting. The CMAG panel meeting tomorrow comprises of foreign ministers from Australia, Bangladesh, Canada, Jamaica, Sierra Leone,Tanzania and Trinidad and Tobago.

Since CMAG made its original statement last month about the Maldives situation, the US and EU have also pledged to support the Commonwealth in working to facilitate fair, early elections.

Earlier this month, the US government pledged US$500,000 (Rf7.7 million) to help fund an elections program to assist Maldivian institutions in ensuring a free and fair presidential election.

In announcing the elections funding,Chargé d’Affaires of the US Embassy in Colombo Valerie Fowler said at the time that the US would “work with the Commonwealth to help the Maldives work through the current situation to elections”.

The US will lend any support, including technical assistance, to ensure the next presidential election in the Maldives is conducted “smoothly and observed the rule of law”, Fowler said.

“Through USAID we are in the process of starting an election programme that will assist Maldivian institutions in ensuring a free and fair presidential election. We have allocated US$500,000 to start that process and anticipate that we can begin as soon as July 2012.”

However, Fowler noted that the US believed there needed to be an “environment conducive to early elections”, an aim that could only be created through dialogue, as well as capacity building measures.

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Four Seasons bemoans lack of female involvement in record apprentice intake

The Four Seasons Hotels group has said it is taking on a record number of apprentices at its Maldives resorts over the next twelve months – despite still facing challenges in attracting local women to work in the tourism industry.

At a ceremony held at the Nasandhura Palace Hotel in Malé this morning, 34 graduates were honoured for completing twelve month training courses in specific hospitality areas such as housekeeping and guest management, food preparation, marine transportation and watersports.

The hospitality group, which operates both the Four Seasons Resort Landaa Giraavaru and Four Seasons Resort Kuda Huraa properties in the Maldives, is taking on 60 apprentices during the next year – a company record.

Speaking at the ceremony, Armando Kraenzlin, Regional Vice President and General Manager for Four Seasons Resorts in the Maldives, said that while “interest and the ambition to learn” was growing amongst the Maldivian workforce, encouraging women to come and work was, if anything, more difficult.

“We would ask the government, help us get more girls [into the scheme] in future,” he said. “ It has got harder today than a few years ago and that can’t be right.”

While supporting the work of groups like Four Seasons in training local staff to take up more specialised positions in the country’s resort industry, one body representing Maldivian tourism workers has called on the private sector and the government to reconsider how the current curriculum prepares school leavers for a career in the hospitality industry.

From the perspective of the Four Seasons’ operations, Armando Kraenzlin today said that schemes such as its graduate programme were vital to a company continuing to try and drive innovation across its 86 hotel operations. However, he claimed the training programmes were not without challenges.

“This year we lost one member [of the graduate program] after twelve hours,” he said.

Kraenzlin said that confusion had arisen after the staff member had not realised that they had agreed not to smoke on the resort as part of their contract, a commitment the person was unable to fulfil.

Applicant hunger

However, the company claimed that with some 500 applicants looking to fill just 60 apprenticeship spaces this year – there was a clear hunger and demand for training positions such as these in the tourism industry.

“People have travelled 16 hours by boat to come to sit interviews here in Male’ with us,” Kraenzlin said, a development he claimed demonstrated the commitment of staff to obtain places on the graduate scheme.

During today’s ceremony, Four Seasons claimed that as part of this year’s graduate class, an additional discipline call “international conversations” was being taught in order to help staff communicate with an increasingly diverse customer based including guests from China, Korea and Russia.

Beyond just learning language, the company claimed the course was designed to provide an understanding of these nations’ history, culture and even cuisine.

For the year ahead, Kraenzlin said the company was also currently working on launching a prototype engineering course.

“We know that Maldivians are tech-savvy, as well as engineering-savvy,” he said.

Kraenzlin added that with the company’s graduate scheme now in its eleventh year, the program was very much “here to stay”.  Yet he called on the government, represented by Education Minister Asim Ahmed in the audience, to help to strengthen the training the company provided to local workers.

“We are inviting the government to tell us how to do this better. Who knows, maybe we will have one class who makes it to the finish-line without any casualties during the year,” he said, referring to previous applicants who had dropped out from the course.

Education Ministry

In addressing Kraenzlin’s invite, Education Minister Asim said that Four Seasons was an “important partner” in regards to education and training in the country, especially for helping to bridge skills gaps in the current curriculum.

“There is a shortage of skills in the country that is a major challenge needing to be addressed,” he said.

With tourism being one of the most significant contributors to the nation’s economy, Asim welcomed the work of resort groups such as Four Seasons in helping the ongoing development of the national work force.

“I am personally a major supporter of linking with the private sector with schemes such as this,” he said.

TEAM view

In addressing Four Seasons’ commitments to staff training, the Tourism Employees Association of Maldives (TEAM), which aims to represent local workers’ rights in hospitality, said it was ultimately encouraged by the apprenticeship programmes ran by the multinational group.

TEAM’s Secretary General Mauroof Zakir, who was himself a graduate of Four Season’s training programme between 2004 and 2005, believed such programs were a huge benefit to the local workforce.

“From my personal understanding, the Four Seasons graduate program is one of the best. When I did the programme, I really didn’t know anything about the resort industry before going in,” he said. “When I came out, I had a much greater understanding of the work environment, though I don’t know how the program has changed since.”

Despite welcoming the graduate scheme, Zakir claimed that more needed to be done by both the government and the tourism industry to provide greater practical experiences of the resort industry to school students.

“Both resort management and the government need to look at providing more practical experiences for students of resort life,” he said. “We need to look at changes to the curriculum to get more visits to resorts. School leavers should have a much better understanding of how resorts work.”

While Zakir said he was aware of several high-end multinational resort chains providing training programs for local workers, he believed many locally-owned resorts, usually targeted at more mid-market tourism, needed to do more with their respective training schemes.

TEAM said it was not presently involved in helping outline training programs, adding that it did not receive much information from either the government or industry regarding existing projects.  However,  with an organisational mandate to try and increase the capacity of Maldivian workers in the tourism industry, the organisation claimed it would be open to playing a role in the development of future vocational training for local people.

Female worker challenge

In addressing Four Seasons’ concerns about a short-fall in the number of Maldivian women coming to work at the country’s resorts, Zakir said he believed there were several issues affecting local recruitment of females into the hospitality sector.

“Groups like Four Seasons have been trying hard to get local women to work at its resorts.   But we don’t see much improvement in the number of women workers.” he said.

Zakir claimed that more “extremist” views had been “widely spreading” around the country in recent years, creating additional social problems in encouraging female workers to come and work in hospitality.

To try and counter these messages, TEAM said that it was vital to communicate with schools and parents that resorts were not a threatening environment for women to work at.

While there had been concerns in the past involving allegations of sexual harassment against female staff, Zakir stressed that local women should not be discouraged from seeking employment on resorts.

“We need more local women working on resorts right now,” he said. “An estimated 300 to 400 Maldian women are currently thought to be working in hospitality at resorts. This is a very small amount.”

In terms of practical ways to encourage a greater number of female staff, Zakir suggested resorts could provide more regular transportation to and from resort islands as one possible solution. Such a measure, he claimed, could allow female staff to commute to work more regularly, allowing more contact with their families at home.

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