Comment: The spy who came in from the coup

Law and order appears to have gone a bit schizophrenic in  the Maldives in the last few days. First the Maldives Police Service (MPS) arrested its intelligence head, Chief Superintendent (MC) Mohamed Hameed, on charges of ‘endangering internal security’ by disclosing classified information.

Hameed is alleged to have co-operated with the co-authors of ‘The Police and Military Coup’, an MDP-affiliated investigation into the events of 7 February 2012. The report was released in response to the current government’s ‘findings’ into the events, published so prematurely as to be available for public feedback even before investigations began.

The MPS says drafts of the Coup Report, along with commentary, were found in MC Hameed’s gmail account. Nobody has yet answered the question of why the MPS was snooping around in the man’s private email account in the first place. Is it normal for the MPS to spy on their officers?

Then the Criminal Court granted the MPS a five-day extension to Hameed’s detention. He was promptly taken to Dhoonidhoo, the Maldives’ most famous prison island.  Hameed’s lawyers lodged an appeal at the High Court on the same day but he was not granted a hearing until the fifth and last day of his detention. Three Justices agreed unanimously that he should be detained for five days, just hours before the five-day detention period expired.

Now, is it just me, or is it a bit difficult to get your head around the question of why the High Court would deign to deliver that judgement at that particular time?  Three more hours, and the detention order would no longer be valid anyway. So what was the eleventh hour High Court ruling for?

The High Court’s behaviour becomes all the more inexplicable in light of the fact that shortly afterwards the Criminal Court released Hameed. It saw no grounds to detain him further. All told, the judiciary does not seem to know quite what to do, with itself or with a problem like Hameed.

What is to be done with Hameed? Was he ‘spying for the enemy camp’ as some are alleging? Or is he a heroic whistle-blower? Is he to be jailed for life, or celebrated as a voice that stood up for democracy?

National security violation or whistle-blowing?

The MPS is alleging that by talking to the authors of the Coup Report, Hameed had facilitated an ‘intelligence leak’. Here’s a Tweet by pro-government blogger endorsed by  Police Commissioner Abdulla Riyaz.

Was it an intelligence leak?

The Coup Report does not name any names that are not in the public domain already as having been involved in the events of 7 February; nor does it reveal information a third party had not been privy to previously. What the report seems to have done, for the most part, is gather together scattered evidence already available on various platforms on the Internet and other media into a coherent single narrative.

It appears the authors shared their drafts with Hameed, and he acted as some sort of a proof-reader or a fact-checker. Double-checking what was in the report against what he saw and knew as the Intelligence Chief on 7 February. The MPS says it saw evidence of this in Hameed’s gmail account.

In the absence of an Official Secrets Act or whistle-blower legislation (any lawyer wanting to stop practising the art of silence is welcome to contradict or complement this), what is the most likely legal instrument that would be used for prosecuting Hameed?

The Police Act is a likely resource. It is what the MPS says Hameed violated. The Police Code of Conduct says:

4. Confidentiality

Information obtained during police duty should be confidential and not shared with a third party. Information about police operations and information contained within official police records should not be made public unless their exposure is lawfully ordered.

So, technically, Hameed was acting against the Police Code of Conduct when he liaised with the authors of the coup report.

But, what if he was co-operating in revealing a crime? In such a scenario, Hameed cannot be regarded as guilty of misconduct or any other offence, but becomes a whistle-blower. In the absence of a Maldivian legal definition, let’s go by the dictionary definition:

whis·tle·blow·er or whis·tle-blow·er or whistle blower (hwsl-blr, ws-)

n.

One who reveals wrongdoing within an organisation to the public or to those in positions of authority: ”The Pentagon’s most famous whistleblower is . . . hoping to get another chance to search for government waste” (Washington Post).

whistle-blowing n.

What the Coup Report alleges, and is the opinion shared by tens of thousands of Maldivians, is that the elected government of the Maldives was illegally overthrown on 7 February with the help of police mutiny. If so, providing information on how the police mutiny occurred is not a crime.

Besides, information relating to those events should not be an official secret or classified information. What could there be of more grave public interest than knowing how a government most voted for ended so suddenly and in such questionable circumstances?

Would Hameed not have given the same information to the Commission of National Inquiry if it had bothered to ask him? Would he be not sharing the same information with CoNI now that it’s work has begun at long last? Or is this a way of making sure Hameed is not able to freely speak to CoNI?

If the State were to go after Hameed, there is also Section 29 of the Penal Code:

Whoever attempts to commit or participates in or facilitates the commission of an act against the State shall be punished with imprisonment for life or exile for life or imprisonment or exile for a period between 10 years and 15 years.

An ‘act against the State’ is a term so broad that the act does not necessarily have to amount to an offence to be deemed punishable. The State, meanwhile, is defined as:

the Cabinet existing in accordance with the Constitution, People’s Majlis and collectively all agencies that are entrusted with the administration of those entities. This definition shall also include all property belonging to the State.

So, anyone who does anything about anything to do with the State, which the state deems to be ‘against’ it, can be jailed for life, or banished for life?

Then again, the above definition defines the State as ‘the Cabinet existing in accordance with the Constitution.’ Which means that, if this government is found to be illegitimate, the Cabinet cannot be seen as existing in accordance with the Constitution, and therefore, Hameed could not have committed an ‘act against the State’.

Which brings it all back to the Mother Question upon which all other questions depend: is Waheed’s government legitimate?

Should that question not be answered first before pursuing people who talk about it for espionage and/or defamation? Shouldn’t any information made public for the purposes of answering that question be deemed valuable rather than criminal? Shouldn’t holders of such information be regarded as vital witnesses to be protected rather than traitors to be prosecuted?

Every question that depends on ‘if this government were legitimate’ should take a back-seat to that of how the first democratically elected government ended on 7 February. Especially the question of who is the hero and who the villain.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Comment: Maldives politicians take to twitter, results mixed

This article first appeared on DhivehiSitee. Republished with permission.

British Prime Minister, David Cameron, when asked for his views about politicians on Twitter, famously replied: ‘Too many tweets might make a twat.” Cameron was discussing the instantaneousness of modern communication, and the perils of politicians tweeting without thinking.

It should be said that neither side of the divided Maldivian political landscape are too keen to listen to Cameron right now. The authoritarians have a bone to pick with him for declaring President Nasheed his ‘new best friend’ and ‘ideal stag party-companion’ not long before the coup; and Nasheed’s supporters aren’t happy with him for abandoning his new best friend at the first sign of trouble. But, on lessons about tweeting, Cameron’s advice is spot on for Maldivian politicians.

Twitter is as popular in the Maldives as it is in all other countries going through political turmoil. Ordinary Maldivian Twitterians and Tweeps have the same behavioural patterns as those of their foreign counterparts. Both supporters of the government and opposing democrats are on Twitter everyday, expressing their divergent opinions, heckling the opposition, drumming up support for and covering protests, having fun, and of course, trolling.

The behaviour of Maldivian politicians and other leaders on Twitter, however, is an entirely different matter. Their Twitter life is remarkably different from tweeting politicians in other countries. Like the sheer amount of time they seem to have to devote to Twitter for one thing. Whereas other leaders such as American President Obama or say Dr Manmohan Singh, the Indian PM, all have their staff tweet for them, President Waheed likes to do it himself.

To be fair, Dr Waheed has only tweeted just over a hundred times but, clearly, he does it himself, and also thinks it is about himself as a person rather than about his presidency. He likes to post pictures with supporters (an inordinate number of them appear to be children), and at times provide some intimate insights into his life such as how he enjoys taking the time to smell flowers on weekends.

Then there’s the large number of fake accounts that have sprung up pretending to be some politician or another. By fake accounts I don’t mean those that are obviously parodies. The new president Dr Waheed and his wife Ilham Hussein both have good ones. Witty and insightful, they satirise the couple well:

President Waheed became the butt of many jokes when his first Tweet as president was one about having his account verified as authentic by Twitter. It was a similar story with newly appointed Attorney General Azima Shukoor. Her first order of business after assuming office was to send out a press release – on official letterhead of the Attorney General’s Office – to confirm which of two Twitter accounts in her name was the authentic one. Don’t know why she bothered. She doesn’t have much to say anyway. Perhaps Twitterians shouldn’t have laughed at their antics so hard. Differentiating between fake accounts and real ones has become important, given the content of some Tweets. One of the most dubious ones is that of the President’s Spokesperson Abbas Riza. He has said on television that the account is his, but I still inadvertently do a double-take at some of the Tweets he sends out. He never refers to MDP (Maldivian Democratic Party) – to which President Nasheed belongs – as MDP. He prefers to call it ‘NDP Terror Wing’. Presumably the N stands for Nasheed. Any protest that MDP organises, the President’s Spokesperson refers to as activities of ‘NDP Terror Wing’. What’s worse are his personal attacks on Nasheed. His most offensive Tweet of late has been:

‘Run’di Kaalhu’ is an insult in Dhivehi. Loosely translated, it means ‘whoring crow’. That’s the name the President’s spokesperson has decided to refer to the protest camp MDP had on the South eastern corner of Male’. I don’t think the rest of the tweet needs any explanation. These types of tweets on a regular basis, from a person in such a job, would be regarded as highly offensive, and often defamatory, in any other country which claims to be a democracy. In the Maldives, however, they go un-remarked upon by the mainstream media or anyone else. The only people who seem to care are the Twitter community. Pro-government Tweeps find it hilarious, the other side is outraged. But they remain on record, and the President’s Spokesperson keeps on tweeting. The Commissioner of Police, Abdulla Riyaz, has an account which nobody doubts is his, and is quite possibly the most frequently updated timeline of all leaders appointed to high ranks after February 7. He is convinced that his role in 7 February events [he was one of the three civilians who ‘negotiated’ President Nasheed’s resignation inside the military headquarters] was heroic, and has boasted on Twitter that he has nothing to apologise for as he’s ‘proud of what he did’. Here’s a typical example:

And it’s not uncommon for him to come out with an absolute shocker, something that a police commissioner wouldn’t say even in your wildest dreams. Like this one:

Another account that caused consternation among the Twitter community is that purported to be of Masood Imad, Dr Waheed’s Media Secretary. Masood’s timeline is less shocking than that of the President’s Spokesperson, but it seems to have got the President’s goat more than any others.

Dhivehi Sitee has come upon some evidence to show that the President has tried hard to stop the ‘Masood Imad’ account. Not because it’s insulting, but because it was deemed to be providing ‘somewhat accurate projections of the administration.’

Here is a screen shot of the President’s son – it is not known in what capacity he is acting – trying to get the owner of the account to hand it over to the Real Masood Imad.

I guess this means that although the Masood Imad account is fake, it is one that we should follow if we want to have some ‘somewhat accurate projections of the administration’.

Azra Naseem holds a doctorate in International Relations.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Translation: former CNI’s timeline for events of January 16 to February 7

The following is an unofficial translation of the ‘timeline’ released by the three-member Commission of National Inquiry (CNI) into events that took place January 16 to February 7, prior to the commission’s recomposition following Commonwealth pressure. The credibility of the timeline has been challenged by the Maldivian Democratic Party (MDP), who contested the panel’s impartiality prior to the re-composition and refused to participate. The panel conducted interviews with assorted non-MDP participants. The MDP on 10 June 2012 released its own reports on the events.

Translation originally appeared on DhivehiSitee. Republished with permission.

14 January 2012 to 6 February 2012

  1. On 15 January 2012 Criminal Court ordered the release of Dr Mohamed Jameel Ahmed after Maldives Police Service (MPS) failed to show court any legitimate reason for his arrest
  2. On 16 January 2012 Maldives Police Service summoned Judge Abdulla Mohamed
  3. On January 2012 Chief Judge lodged an appeal at High Court to cancel police summons. High Court ordered an injunction on the summons, until Court reaches a verdict on the appeal.
  4. With the injunction in place, Chief Judge did not arrive at the police station.
  5. The military entered Chief Judge’s home late in the night on 16 January 2012 and brought him under their protection
  6. Ten police officers met with the Police Commissioner on 17 January 2012 saying they were unhappy with unlawful orders being given to them by the government and senior police officers, making it difficult for them to act fairly towards political figures.
  7. Once Chief Judge was arrested, starting from 17 January 2012 , nightly demonstrations were held near the Maldives Monetary Authority (MMA) by members of the Opposition Coalition. Coalition protesters called for the release of Chief Judge and for the government to return to the Constitution
  8. President Nasheed met with police officers on 18 January 2012. It was a meeting held to reassure members of the police unhappy with the issue of Criminal Court Chief Judge that the arrest was not unlawful. Audio of what the President said during the meeting was leaked. The audio was leaked by the police.
  9. Police Commissioner and Deputy Commissioner continued to express dissatisfaction with reluctance among Specialist Operations (SO) police to control the protesters.
  10. Two commanders active in controlling protesters were transferred to Bodyguard Training. Three officers stationed in other parts of the country were put under the command of officers in charge of controlling protests.
  11. A team of Maldivian lawyers lodged a case at the International Criminal Court on 23 January 2012 regarding the arrest of the Chief Judge of the Criminal Court.
  12. President Nasheed met with the police on 26 January 2012. He repeated what he said when he met with them on 17 January. An audio recording of the meeting was also leaked
  13. Male’ City Council erected a corrugated iron fence near MMA on 29 January 2012 where the nightly demonstrations were being held, limiting the room for assembly in the area. Police released a statement saying protests were not allowed in the MMA area. They appealed to protesters not to demonstrate in the vicinity and to do so only in empty public spaces.
  14. Vice President met with some leaders of the [Opposition] Coalition on the night of 30 January 2012 at Hilaaleege, his residence. He was asked at the meeting whether he was prepared to carry out his legal responsibilities. He said he was ready to do so. Coalition leaders held a press conference after the meeting to announce their endorsement of the Vice President [for President].
  15. A policeman caught fire on 31 January 2012 when a fireball was thrown at the police during the protests near MMA.
  16. 1 February 2012

  17. 1 February 2012 Police dispersed the crowds as soon as protests began near MMA.
  18. Following Coalition discussions, protests began at Artificial Beach on 2 February 2012. At the protest, Adhaalath Party leader Imran Abdulla calls for police to arrest President Nasheed within five days [by 8 February].
  19. MDP protesters began a demonstration at Artificial Beach on 4 February 2012 before Coalition began theirs. Coalition protests were held in front of the PPM (Progressive Party of Maldives) Meeting Hall on Boduthakurufaanu Magu.
  20. During protests on 5 February 2012 , Deputy Commissioner ordered SO Commander to remove the live-feed cable strung across Boduthakurufaanu Magu by VTV and DhiTV television stations. The order was not carried out on the basis that it was not a legitimate action without a court order.
  21. 6 February 2012

  22. Police Commissioner met with Assistant Police Commissioner Hussein Waheed and told him President Nasheed wishes him to resign as the manner in which he carries out his duties had resulted in a loss of confidence. Assistant Commissioner went home saying he would give his answer within three days.
  23. 6 February 2012 (Monday 19:00-20:00hrs)

  24. Police Special Operations (SO) forces came to a state of readiness at the Henveiru Stadium [a few hundred yards from the Artificial Beach] in anticipation of potential events related to protests.

  25. 21:00-22:00

  26. As on other nights, Coalition protests began at the Artificial Beach. MDP also began protests in the area.
  27. Two Police SO officers at the Henveiru Stadium went to the area to observe how protests were proceeding. Seeing the atmosphere was not good, police at the Henveiru Stadium went to the Artificial Beach
  28. As protesters on both sides exchanged verbal abuse, police strengthened security in the whole area. They separated protesters into two camps on either side of the stage at the Artificial Beach and inserted two police lines between them.
  29. Police also moved journalists covering the protests live behind the two police lines
  30. On the second consecutive night, SO refused to obey the Deputy Commissioner’s order to remove the broadcast cable being used by VTV and DhiTV to cover the protests saying it was an illegal order and could not be executed without a court order.
  31. 22:00-23:00

  32. At the protests Adhaalath Party announces that its National Council had unanimously decided President Nasheed was not a worthy leader and had declared their full support for Dr Mohamed Waheed Hassan Manik.
  33. It was also said at the protest that as President Nasheed had admitted in the international media to have acted against the Constitution, it was the President, the Home Minister and the Defence Minister that the police should arrest.
  34. 23:00-00:00

  35. Home Minister asked Police Commissioner to remove police from the area where protests were being held.
  36. Police Operations chief, dispatched to the scene of the protests by the Commissioner reported back that the atmosphere was not good
  37. When Home Minister asked the Commissioner to remove police from the protest area for a second time, Commissioner told the Minister the atmosphere was not good.
  38. President Nasheed called the Commissioner and ordered the police to be removed from the area
  39. Deputy Commissioner inspected the area on orders from the Commissioner and reported the atmosphere was not good
  40. President Nasheed called the Commissioner a second time and ordered him to remove the police from the area, saying confidence in the police has been lost
  41. As police had to be removed from the area, the Commissioner asked the Male’ Commander of the Maldives National Defence Forces (MNDF) to have the military take over the area
  42. Commissioner ordered Deputy Commissioner and Special Operations head to remove police from the area
  43. Tactical Advisor of the Special Operations objected to removing police from the area. His reasons were that the atmosphere in the area was not good and protesters on both sides were in possession of implements that could be used for violence.
  44. On advice of the Tactical Advisor police refused to leave the area and said they would only leave on arrival of replacements.
  45. Suspending the ‘Journey of Justice’ meeting at the MDP Meeting Hall, a large number of them arrived at the Artificial Beach and joined the MDP protest.
  46. President Nasheed personally called three officers who were not a part of the Operations and ordered them to remove police from the area. These three officers arrived at the Artificial Beach and attempted to remove the police from the area.
  47. When the military officers asked the police to leave the area, the Police Commander said they would not leave unless replacements arrive. President Nasheed phoned the Deputy Commissioner to say he was not adequately carrying out his responsibilities, and asked him to stay at home.
  48. Without consulting with any other party, MNDF Male’ Area Commander decided to deploy the military to assist police operations at the Artificial Beach.
  49. A military platoon and a SWAT team arranged themselves in a line on Boduthakurufaanu Magu, west of the Artificial Beach, away from the protesters.
  50. On orders from the police commander all SO (Special Operations) officers left the Artificial Beach area and headed for the Republic Square.
  51. As the Commissioner’s conscience remained unconvinced that removing police from the area was the right decision, a letter of resignation was ordered. The letter was thus prepared and left on the Commissioner’s table.
  52. President Nasheed assured the [MNDF]Male’ Area Commander that none of the MDP protesters in the area would cause unrest and ordered him to move the military officers from the area [Artificial Beach] to the Headquarters.
  53. On receiving the order from President Nasheed to have his officers removed from the area, the Male’ Area Commander considered the situation and, seeing the atmosphere as uneasy, gave the order for them to move to the Saw Mill area instead of the HQ. He thought they may have to return to the Artificial Beach soon if they left.
  54. Once the military left, protesters on both sides started throwing stones and water bottles. Both sides exchanged dangerous assaults. Some protesters and journalists were injured during the attacks.
  55. On receiving news of the attacks, acting on orders of the Male’ Area Commander, the military returned to the Artificial Beach. They placed themselves between the two sides and controlled the unrest.
  56. When police, who were now at the Republic Square, received news of the violence at the Artificial Beach via police, ‘intelligence’ and the radio, SO police consulted among themselves and set out for the Artificial Beach in their vehicles without waiting for any further orders.
  57. Noise at the Republic Square [directly opposite the military HQ] became so loud, the Commissioner and Deputy Commissioner as well as other officers inside the Conference Room ran downstairs.
  58. When they came down some of the vehicles had left the area. Deputy Commissioner and Operations Head tried to stop the remaining vehicles from leaving. The Deputy Commissioner stopped the last truck in the convoy and took away the keys. Some officers who had been in the truck headed to the Artificial Beach on foot. A few police officers stayed at the Republic Square.
  59. 7 February 2012 (00:00-01:00hrs)

  60. Coalition alleged on a live television programme that protesters on the two sides had been provoked into a confrontation in order to declare a state of emergency.
  61. Commissioner and an Assistant entered Bandaara Koshi
  62. MNDF Male’ Area Commander told the Ground Commander at the Artificial Beach that the police were arriving there for a confrontation with the military and ordered him to arrest the police.
  63. When police arrived at the scene they did not confront the military. They called on the protesters to leave the area.
  64. Coalition announced that it had finished their protests. However, a large number of Coalition protesters remained on the streets in the area.
  65. Some SOs who went to the Artificial Beach went to the MDP Meeting Hall and caused severe harm to people and property in the area.
  66. A military SWAT squad went to the MDP Meeting Hall area and began manning it
  67. Police returned to the Republic Square, and like all other nights, gathered to fall-in as is customary after Operations are over.
  68. Deputy Commissioner ordered SOs to fall-in on the helipad in the Republic Square. He also ordered the ‘Blues’ to go to the conference hall at the military headquarters.
  69. Police centres Bandaara Koshi and Kalhuthukkalaa Koshi had their alert sirens going.
  70. 01:00-02:00

  71. A large number of ‘Blues’ arrive at the Conference Hall on receiving the Deputy Commissioner’s order for the ‘Blues’ to do so.
  72. Six SO Commanders were separated from other officers on orders from the Deputy Commissioner. An officer not part of the command structure encouraged this.
  73. Senior police officers active at the Republic Square called the Commissioner and asked him to come there to meet with the officers present. Commissioner did not agree to the request.
  74. Police left Bandaara Koshi and cordoned off the ‘Green Zone’
  75. On request of the Commissioner, a Deputy Commissioner went inside Bandaara Koshi. The Commissioner, Deputy Commissioner and Defence Minister consulted and agreed to arrest the SO Commanders.
  76. Defence Minister ordered the military to arrest the police officers identified by the Deputy Commissioner
  77. A ten member squad of military officers left Bandaara Koshi to make the arrests.
  78. The SO Commanders who had been separated from the rest of the officers phoned their friends to say they were going to be arrested and taken to Dhoonidhoo [prison island].
  79. On hearing that SO police were to be arrested, ‘Blues’ in the Conference Hall came and joined them.
  80. At this point, [the] two former SO officers who had been transferred to bodyguard training and an officer from the Academy joined the police and began playing a lead role.
  81. The Commanders who had been isolated went and joined the police gathered on the helipad in the Republic Square.
  82. When the military arrived at the Republic Square to arrest some police officers, all the officers on the helipad stood up and came towards the military to object.
  83. Military ground commander notified Military Operations that making the arrests was difficult.
  84. Glass on the outside of the VTV building was smashed and the inside of the building was set on fire. VTV live feed was interrupted for a brief time.
  85. A large number of people belonging to Coalition gathered on the corner of Orchid Magu and Chandhani Magu to protect the Constitution.
  86. Police cordoned off the Republic Square to stop the public and journalists from entering it.
  87. As the number of police in the Republic Square increased, a military platoon on Ameer Ahmed Magu near Bandaara Koshi was coming to a state of readiness and put on gas masks. There were about 200 police officers at the Republic Square both in uniform and plainclothes.
  88. A meeting resumed at the MDP Meeting Hall. Some members of the MDP Parliamentary Group addressed the meeting.
  89. Police at the Republic Square were heard calling for the resignation of President Nasheed.
  90. The media reported that a large number of police officers had been arrested, numbering up to a 50 at the time. The media also reported that the MDP meeting had maintained it would not leave the Meeting Hall until justice had been established, and also that it had called for a state of emergency to be established.
  91. 02:00-03:00

  92. One of the three police officers highly active on the Republic Square began issuing orders to the police with a megaphone. He commanded all police officers at the Republic Square to remain united as one.
  93. A Deputy Commissioner appealed to the police to leave the area voluntarily instead of waiting for the military to remove them. However, the police did not heed the Deputy Commissioner’s advice. When he moved away, the police officers in the area demanded that he promise not to issue any illegal orders. But the Deputy Commissioner responded in a manner that implied that he could not make a false promise.
  94. Coalition protesters began braking the temporary fence erected around the MMA area by the Male’ City Council.
  95. The military ground commanders who had stated that it was difficult to make the police arrests were taken to the Operations Rooms and asked to meet with Generals and senior officers. The Defence Minister presided over this meeting.
  96. Military ground commanders reiterated at the meeting that making the arrests were difficult. The reason given was that when the ‘force ratio’ needed in such an operation was considered, the police far out numbered the military and had the same weapons as the military.
  97. When some senior military officers proposed negotiating with the police, it was approved at the meeting.
  98. Police behind cordons fired gas canisters at Coalition protesters gathered near Reef Side [shop].
  99. Vice President speaking via the media at his residence in Hilaaleege called on the military and the police not to obey any illegal orders.
    “Yes! It is also my duty to say something at a time of such national crisis. I support the peaceful activities of the many to protect the country’s constitution and its faith. It is important at this time that all Maldivian institutions especially those of law enforcement to protect and maintain the Constitution and laws. I call upon everyone not to obey an illegal order. In this sorrowful time, I also call upon the Maldivian security services not to leave room for those seeking to dissolve our security and not to allow any harm to be caused to people and their property, especially the media. It saddens me very much that VTV and other places have been damaged tonight. I call upon those who cause such damage to refrain from doing so. I also assure you that I will do everything I can as the Vice President of this country to free us from this dangerous and tragic time. May Allah return our country to a peaceful and secure state. Amen.”
  100. Media reported that it has been said at the MDP Haruge that President Nasheed is in good health.
  101. A large number of Coalition members were gathering near the MMA. Police had cordoned off the area and banned the public from entering it.
  102. The military got ready to disperse the police at the Republic Square. As a first step, a military officers team was sent to negotiate with the police.
  103. The military entered into discussions with about 10 police officers playing a lead role at the Republic Square.
  104. Police said they will only return to work again if the Commissioners guarantees they would not have to obey any illegal orders. Police also asked that no action be taken against the police officers who had partaken in the night’s activities.
  105. The military assured the police they had no intention of a confrontation between them.
  106. During the discussions the military requested police to go to Bandaara Koshi to meet with the Commissioner. The police, however, wanted it to be at the Shaheed Hussein Adam Building [main military headquarters].
  107. The police negotiation team entered Bandaara Koshi for further discussions with their senior officers which concluded in the decision should the police go to Iskandhar Koshi, the Commissioner would meet them. Negotiation team proposed it to the police once outside.
  108. Police arranged themselves in platoons ready to go to Iskandhar Koshi.
  109. When the police started towards Iskandhar Koshi military conveyed an order from the Home Minister that they should leave without weapons and all riot gear.
  110. One of the police officers playing a lead role at Republic Square addressed the police and offered the advice that no police officer should lay down their weapons.
  111. Police decided that since giving up their weapons and riot gear was a precondition for going to Iskandhar School, they would not go.
  112. Military negotiation team said if the condition was not met, they might have to charge.
  113. A military platoon in combat uniform arranged themselves on the eastern side of the Republic Square near the Big Flag.
  114. Although the police came to a state of readiness when the military platoons formed, some senior police officers were meeting with ground commanders and appealing for non-confrontation.
  115. Members of the public gathered at the Republic Square called for President Nasheed’s resignation.
  116. 03:00-04:00

  117. The vehicle for jamming mobile signals was near Mulee Aage [President’s official residence]. But the signal jammer in the vehicle had been broken a week previously.
  118. The news spread that the military had ordered that the police phone network be disconnected. But the police continued to call friends and others on their phones.
  119. In a phone interview with the media at 03:15 President Maumoon [President of what?] called on the police and military to obey the laws.
    “Yes the news I received. What I am hearing. I am very upset about who did this, and I condemn those who did it. This is private property Also it is a tragedy that Maldivian people’s possessions and lands are being damaged and set on fire. This is very wrong. What I can say is that I condemn this in the loudest voice. Something like this should not be done. I also make the appeal that nobody should do anything to damage anybody’s property or possessions or their lives or bodies. This is our nation. We should not destroy our country with our own hands. We all should obey the laws. Obey Islam. Everybody must according to law. Nobody is exempt. The government has to do the same. The military, the police, the public, parties, everybody should act according to the law. We should all be friendly and resolve this problem and take our country to a safe shore. I would like to say that. Do not set fire to anywhere. Do not do anything you will regret later. Everybody act in the ways that our glorious religion has instructed. Obey our Constitution. Respect our laws. Let’s all unite to save the country. That is what I want to say. What I must say is that it is because the government is acting against the law. Because things are being done against the Constitution and the laws. Especially this judge of the Criminal Court Abdulla Mohamed was taken from his house in the middle of the night is a major atrocity. Something like that should not be done. I too believe that humans err. If somebody commits an offence, there are ways to deal with in law. The same for offences committed by judges. Therefore, it can be examined through these means. However, contrary to this, uprooting someone without notice while they are at home with their family and planting him elsewhere is a major crime. It is also condemned in religion. And it is condemned in our laws and international laws. It should not be done. I call for his immediate release. I call for his release and for the restoration of all his rights as a human being and as a citizen of the Maldives. I also call upon the government and the security forces to do everything according to the law and Constitution. I have to say what I already said before. To act according to our religion and our Constitution. Act according to the law. As you said, given that I am so far away from the events that are happening in the Maldives it is not easy for me to comment on anyone or anything in particular. Because I do not have the complete information. But, as a peace lover and a lover of all things good for the Maldives and its people and a lover of Maldivian development, I also call upon everyone to act in a way that will develop the country, resolve its conflicts, and bring prosperity to its people. I call upon everyone to refrain from doing anything that would harm someone’s life, property or body.”
  120. 04:00-05:00

  121. Police at the Republic Square were appealing to the public not to come into the area where they were stationed.
  122. More people kept coming to the MMA area. Coalition protesters took apart over half the fence erected in the area.
  123. When President Nasheed said he wanted to come to the military headquarters, the military began preparing for it. When the president said he was coming on foot, the Security Co-ordinator dispatched to escort him met the president on the Western corner of the Friday Mosque. In addition to bodyguards, MP for Dhaandhoo Area Mohamed Riyaz was with the president.
  124. When President Nasheed entered the main gates of Bandaara Koshi, he addressed some military officers gathered there and said police out there had mutinied and needed to be arrested. He then went inside and into the Defence Minister’s office.
  125. An additional military platoon came out and arranged themselves in front of the Shaheed Hussein Adam building on the east of the Republic Square.
  126. Military began to warn the police in the Republic Square to vacate the area. Police took up their shields and came to a state of readiness.
  127. The sunrise prayers were called at the time
  128. Coalition protesters brought down completely the fence erected near the MMA area.
  129. When they felled the fence, military fired gas canisters into the crowds to try and control them. But some of them entered the Republic Square. Police were warning the public to stand back.
  130. Police made it clear to the military they were ready for a confrontation. Police were warning the public to be calm and to leave the area.
  131. Some members of the police tried to calm down fellow officers.
  132. At the time MNDF Male’ Area Commander and two other senior officers were at the Square.
  133. The Officer in Charge of the Armoury ordered his subordinates not to handover the keys without his prior permission to anyone, no matter who gives the order.
  134. All bullets used in patrol were confiscated from all military officers on duty.
  135. 05:00-06:00

  136. A Minister asked one of the military officers at the gates to arrange for some MDP people coming towards Reef Side to be allowed into the republic Square through the police barricades. A senior officer in the Male’ Area Command said he would make the arrangements and went inside.
  137. The police cordons near MMA were moved forward past the MMA while police cordons near the Reef Side and Islamic Centre junction were moved back towards the Bandaara Koshi.
  138. A number of MDP activists armed with wooden planks and sharp implements arrived in a pick-up truck came through the Islamic Centre lane and entered the Republic Square to confront the police.
  139. Police and Coalition protesters confronted them and pushed them back.
  140. Police ordered the public not to enter into the confrontation between the police and the military. Police assured the public that nothing will go wrong.
  141. Police cordoned off the western side of Republic Square and pushed the public back.
  142. Members of the military carrying shields on the eastern side of the Square pushed back up to Jumhooree Hin’gun
  143. President Nasheed ordered the Commissioner to go to the Republic Square to meet with the police.
  144. It was announced at the Republic Square that the Commissioner will meet the police.
  145. Commissioner left the Bandaar Koshi and went into the Shaeedh Hussein building without meeting with the police.
  146. Police said they would not initiate a confrontation with the military. But said they were ready for a confrontation if the military were to initiate one.
  147. It was announced that the Commissioner would not meet the police in the Republic Square. He ordered the police to go to the Iskandhar Koshi if they wanted to meet him.
  148. Police arranged themselves in platoons with the police in riot gear at the front and they began to pray loudly. Verbal exchanges took place between senior police and military officers.
  149. Military officers who had come out to confront the police and were near the Shaheed Hussein Adam building retreated back into the Bandaara Koshi.
  150. President Nasheed met with the platoon that retreated into the Bandaara Koshi. He asked the commander if he had any reservations in carrying out the order to arrest the police. When he answered in the affirmative, the president replied it was all right for him to stand aside without participating in the Operations. Two other commanders said they too had reservations and stepped aside.
  151. The Minister arranged for a new ground commander.
  152. 06:00-07:00

  153. When the Coalition protests were going on at the MMA area, the police had cordoned off the Reef Side area and the Islamic Centre lane.
  154. Members of the public at the Republic Square provided the police with water and food.
  155. 07:00-08:00

  156. President Nasheed went for a walk inside Bandaara Koshi. He met and talked with about three groups of military persons during the walk.
  157. Suddenly, without consulting with the military, President Nasheed went to the Republic Square and began addressing the police. In addition to the bodyguards who accompanied him, Defence Minister and Chief of Defence Forces were with him. When he spoke, some MPs were also beside him.
    “I am still talking to the Maldivian police. I think you have done something wrong. I accept that given the way things happened you may not have properly realised what you were doing or where you were going. But, it is still my wish that you hand yourselves over to the police station or to the military. I assure you that I will not allow anything bad to happen to you.”
  158. Police refused to accept President Nasheed’s proposal to hand themselves over to the military.
  159. President Nasheed called over to him one of the policemen who he sent over to the military. When he called a second policeman, even though he came over, returned to sit with the police who had started protesting.
  160. When a policeman called for President Nasheed’s resignation, a senior police officer stopped him. When the president began returning to the military headquarters, the police shouted loudly.
  161. En route to the military headquarters, President Nasheed stopped to speak to two MPs where Ameer Ahmed Magu and Jumhooree Magu meet.
  162. Police called on the public to leave and for journalists to stay in a designated area.
  163. President Nasheed returned to the Bandaara Koshi and called many people on the phone.
  164. Some people affiliated with MDP gathered at the Reef Side, calling for traitors to be arrested.
  165. Police left the Republic Square to block all roads leading to the Republic Square.
  166. Police continued to demand that they not be given any unlawful orders. Police were also calling loudly for the public to refrain from joining in the conflict and to stay away from it.
  167. All police were ordered into Bandaara Koshi because President Nasheed wanted to meet with them. Even the police manning the cordons abandoned their posts when ordered into the meeting.
  168. Police entered Bandaara Koshi, removed their gear, and sat down in the area designated for religious sermons.
  169. Police arranged themselves into U-shape lines to the east of the helipad on Republic Square and began reciting their mission [azum] loudly.
  170. As the police were finishing their recital, a group of MDP protesters holding hands approached the police from the back. Police and Coalition protesters confronted them and dispersed them. Several MDP people and police were injured during the attempts to stop the confrontation. Rumours spread among the police that one of their members had been stabbed in the neck with steel rod.
  171. President Nasheed watching the scene from the second floor of Bandaara Koshi came running down, crossed the main gate area and stood on the sports verandah. From there he returned to the main gate area, and on the way stopped at the Officers’ Mess Room and looked inside.
  172. When the noise outside the main gate area of Bandaar Koshi became very loud, members of the military who were waiting to meet with the president ran towards the main gate assuming that people were trying to force their way into the military headquarters.
  173. When the military who were running towards the gate realised that nobody was trying to force their way in, they returned to the building without venturing out. Those who did go out arranged themselves in a line across Ameer Ahmed Magu.
  174. Standing inside the main gates of Bandaara Koshi, President Nasheed kept ordering the military to go out and confront the police. Some ministers and an MP with the president kept repeating his orders. Some military personnel, who had gone out without their gear kept returning inside to collect it.
  175. 08:00-09:00

  176. Police approached the military personnel standing across Jumhooree Hin’gun and asked them not to attack them. Some of the military who had come out of the building joined with the police.
  177. While members of the military who had come out began to engage in verbal exchanges with the police instead of preparing for a confrontation, a gas canister was thrown from behind the police near the gates of Bandaara Koshi.
  178. From here onwards police released a lot of gas. A large number of the military and public at Republic Square dispersed from the area as a result. The way the wind was blowing that day, all the gas travelled south towards Bandaar Koshi. Shortly afterwards, the police moved forward spraying tear gas as they approached. The police and the public threw at the military anything they could get their hands on. The confrontation on both sides was intense and the public, military and the police sustained varying degrees of injuries.
  179. Public and the police confronted the military and pushed them back as far as their main headquarters. As the military retreated, they were firing riot guns.
  180. Once most of the military on retreat had entered the headquarters, the main gates were shut. Some members of the military could not get in and had to remain outside.
  181. Police and public were throwing bottles and various other things in the whole area. Chairs and various other household equipment were also thrown onto the streets and into the Bandaara Koshi from within the building.
  182. Windows on the first floor of the military headquarters were opened and shields were distributed to military personnel and the public.
  183. All areas near the Republic Square were brought under police control. The area was under the supervision of the police and the public.
  184. President Nasheed’s wife and two children were moved from Mulee Aage to a safe area by her security detail on her request.
  185. 09:00-10:00

  186. Cabinet Secretariat notified all cabinet members via SMS, except Vice President, that the cabinet meeting was on that day. Although the Vice President’s secretariat was aware of the meeting, Dr Waheed did not receive the message. Two senior members of the Vice President’s secretariat did not report for work that day.
  187. En route to the cabinet meeting, president of MDP Ibrahim Didi (Dr Didi) called the president on the phone and discussed how to bring about a resolution to the political turmoil. Dr Didi’s proposal was to talk to all the main political parties and issue a joint statement. President Nasheed agreed to the suggestion.
  188. Dr Didi contacted the leader of DRP [Dhivehi Rayyithunge Party] on the phone and asked him for assistance in issuing a joint statement. Thasmeen replied that he cannot proceed without a sign to do so from President Nasheed.
  189. Parliamentary Leader of PPM Abdulla Yameen was also contacted. Yameen also replied that he could not proceed without a sign from President Nasheed himself. Dr Didi called President Nasheed and conveyed the message.
  190. Dr Didi met with those who attended the cabinet working session at the Izzuddheen Hall at President’s Office and told them discussions were underway, with guidance from President Nasheed, to issue a joint statement from all political parties.
  191. When some Ministers asked why President Nasheed was not present, and objected to such a discussion being chaired by Dr Didi in his absence, Chief of Staff at the President’s Office placed a conference call to the President. The call could be heard by everyone present.
  192. During the discussions between the president and the cabinet one Minister asked why Criminal Court Chief Judge had not been released as previously agreed. President Nasheed replied even that could not be accomplished. When another Minister asked him how he was and how things were at the military headquarters, he replied everything was fine at the headquarters and that he had just had a cup of tea and was lying down resting.
  193. Some ministers left the cabinet meeting then, saying the meeting could not go ahead without President Nasheed.
  194. When the session was over Dr Didi phoned President Nasheed again and asked his opinion on how to continue with the problem of the joint statement, the president told Didi to proceed in consultation with North Machchangolhi MP Mariya Didi and Hinnavaru MP Ibrahim Mohamed Salih (Ibu).
  195. Former Assistant Commissioner of Police Abdulla Riyaz and former Deputy Commissioner Mohamed Fayaz had a discussion on the phone from their respective homes about the events at Republic Square and decided to go to the Square. Fayaz had been on the phone with police officers at the Republic Square since the night before, gathering information. Riyza was calling Fayaz and getting updates from him.
  196. 10:00-11:00

  197. Mariya Ahmed Didi did not answer the phone, so Dr Didi rang Ibrahim Mohamed Salih who said he will respond after talking to President Nasheed.
  198. When he did not hear from Salih after a while, Dr Didi again phoned President Nasheed who told him that the Indian High Commissioner D.M.Mullay was attending to it and that he would be contacting Dr Didi
  199. High Commissioner Mullay phoned Dr Didi and asked him if he could come to the Indian High Commission (Athireege Aage)
  200. When Dr Didi arrived at the High Commission Abdulla Yameen was already there. Mullay said Ahmed Thasmeen Ali was also to attend the meeting. High Commissioner said he had called Thasmeen and he would make all the administrative arrangements for the meeting once he arrived.
  201. The main purpose of the meeting held at the High Commission was to speak with opposition leaders and secure a three day grace period for the government to try and resolve the conflict.
  202. When Abdulla Yameen questioned Dr Didi’s status at the meeting he said he was there as a representative of President Nasheed at his behest.
  203. Ibrahim Mohamed Salih phoned Yameen and said President Nasheed had decided to resign.
  204. Yameen told Dr Didi, who phoned the president for confirmation. Without giving him an answer, President Nasheed asked Dr Didi to hand the phone over to Yameen. In his conversation with Yameen, he said he had decided to resign and asked Yameen to arrange protection for him and his family. Yameen said he would do everything he can to do so.
  205. Yameen left saying there was no further need for the meeting as President Nasheed had decided to resign.
  206. At the police main headquarters, Shaheed Hussein Adam Building, the police flag was lowered completely and the national flag lowered to half-mast.
  207. The three police officers who had been active at the Artificial Beach area on 6 February 2012 were apprehended and detained within the police station.
  208. Military personnel who were at the gates of their headquarters waved at the police in celebration.
  209. A group of military personnel who wanted to join the police outside asked President Nasheed if the Male’ Area Commander would arrest them if they did so, the president ordered that they should not be arrested.
  210. The military personnel who came from Kalhuthukkalaa Koshi joined the police.
  211. The public and police at Republic Square called for President Nasheed’s resignation.
  212. When a military General advised the president that the only way to stop the police now was to use guns, Nasheed prohibited the use of guns under any circumstances.
  213. Police at the Republic Square warned that the military may open fire at them. They also warned the public to lie down if the military started firing.
  214. Former police officers Mohamed Fayaz and Abdulla Riyaz, with former military officer Mohamed Nazim, went to the main gates of the headquarters. Their wish was that the military did not fire into the police gathered at the Republic Square. The military demanded from them [the three men] to push back the police at the gates of their headquarters.
  215. Mohamed Fayaz spoke to the police gathered at the Republic Square and persuaded them to go back as far as the Shaheed Hussein Building and emptied the area near the gates of Bandaara Koshi.
  216. Fayaz appealed to the military very loudly not to use any lethal weapons. A military general asked Fayaz to get the police to renew their oath. Fayaz replied that it could not be done in such a situation.
  217. Fayaz proposed that the three branches of government discuss and find a resolution to the problem of the police gathered at the Republic Square. He made the proposal, while standing outside the gates of the headquarters, to the Chief of Defence Force and generals inside. With this proposal police made efforts to bring the Speaker of the Parliament and Chief Justice to the area.
  218. Fayaz went into the crowds gathered at the republic Square with a megaphone and addressed them to explain his proposal and to calm the crowd down.
  219. Police were unsuccessful in their attempts to bring the Speaker of the Parliament and Chief Justice to the area.
  220. A Chief Inspector at the main headquarters of the police was brought out to be sent home as a protective measure. However, when he refused, he was taken to Ghaazee Building. As he was being taken to a speedboat to carry him to Dhoonishoo [prison island], as a protective measure, police and members of the public attacked him.
  221. Deputy Commissioner and some senior officials were taken out of Male’ on police speedboats.
  222. 10:00-11:00

  223. Abdulla Riyaz and Mohamed Nazim entered Bandaara Koshi on invitation from Defence Minister. When Nazim entered the premises a large number of military personnel greeted him and celebrated.
  224. Riyaz and Nazim met with the Defence Minister. In addition to the Defence Minister, Chief of Defence Force, generals and Staff Officer were also present at the meeting.
  225. Media reports reported members of the public at the Republic Square as saying President Nasheed had been arrested.
  226. When Qaumee Party leader Dr Hassan Saeed received news that Indian military were arriving to help resolve the situation, he clarified the news from the Indian High Commission. Deputy leader of the Qaumee Party announced to the public at the Republic Square that Dr Hassan Saeed had received assurances from the Indian High Commission that Indian military will not be coming to the Maldives.
  227. Led by the Qaumee Party, two members of the public filed a case at the Supreme Court in relation to President Nasheed’s legal status.
  228. After Abdulla Riyaz and Nazim conducted their negotiations inside Bandaara Koshi, Nazim emerged to address the Republic Square. He said he had made two proposals.
    “Assalaam alaikum. I hope everybody is okay. Yes, I have just met with the Defence Minister and all high-ranking military personnel and made a proposal of ours. The proposal was that the President should resign without condition. And, after that, to transfer all powers to the Vice President. Our second condition was that the Commissioner of Police Ahmed Faseeh and both his deputies resign at once. We told them these are non-negotiable conditions. These are not things up for further discussion. We assure the beloved Maldivians, military and police who are with us that, God willing, these things will happen this way by the deadline we have set for 1:30 today. When I entered the military headquarters I was given a very happy scene. Everyone within the military lifted me up and very completely revealed their support for me. God willing, things will happen today as we want. I ask the military, police and people to patiently remain with us.”
  229. Some former police and military personnel were operating in the Republic Square.
  230. Police started patrolling different areas of Male’.
  231. Assistant Police Commissioner Hussein Waheed, who had previously been asked to resign, was brought back to the main police headquarters in a police van. When he arrived, he met with some of the political figures in the Coalition waiting there in anticipation of the arrival of Chief Judge of the Criminal Court in Male’.
  232. President Nasheed came down to the yard in the military headquarters and met with some military personnel of other ranks and asked their opinion on what he should do next. He addressed a particular person within the group, who replied that he should resign. President Nasheed replied that it was the response of only one person and asked if others in the group shared the opinion. They all lifted their arms up in agreement. Although Chief of Staff and military generals and other officers were present, they did not partake in the interaction.
  233. It was announced at the Republic Square that President Nasheed had decided to resign and that the resignation will be at the President’s Office in front of the media. Members of the public began to celebrate at the Republic Square when they heard the news.
  234. Nazim appealed to the people gathered not to harm the President on his way to the Office.
  235. President Nasheed wanted to walk to the Office to resign [only a few metres away] and even though he said nobody would harm him, the military was of the opinion that it would be risky and refused.
  236. Speaker of the Parliament released a statement regarding the unrest in Male’:
    “The Maldivian nation is currently facing a frightening and tragic situation. I appeal to all the people of the Maldives and to its institutions to wholly obey the Constitution and the laws of the land. I also call upon all the people and institutions not to engage in any unlawful activities under any circumstances. All citizens should remain friendly and calm, and give priority to peace. What we are seeing today is not something that anyone of us want to see on our beloved land. None of us want people to damage the life and property of others or the property of the state. We should always remember that we are people steadfast in our Islamic faith and call upon you to maintain our sense of brotherhood as instructed in the religion. My prayer is that this country will always remain safe and peaceful.”
  237. 12:00-01:00

  238. Chief Judge of the Criminal Court was brought to Male’ in a police speedboat.
  239. Media arrived for a press conference at the President’s Office on their invitation
  240. President Nasheed arrived at the President’s Office in a car. The military were around the car, maintaining security. But the street hit the car on the back a few times and a cigarette butt was thrown at the front of it. A large number of people from the general public were shouting loudly at the time. Some people were shouting filth.
  241. Nazim and Fayaz went into the President’s Office ahead of the car in which the President was travelling. Following behind the car were the President’s SPG, Chief of Defence Force and Military Operations Commander.
  242. When the car arrived at the President’s Office, the President went up the lift designated for him. With him were the Defence Minister, Security Co-ordinator and bodyguard.
  243. Before getting into the lift, President Nasheed instructed a member of staff to show Nazim, Fayaz and Abdulla Riyaz to a comfortable place.
  244. Off the lift, the President went to his room (Utheemu Room). He was alone.
  245. He then went to Siththimaavaa Maalam to meet with the cabinet. Normally, cabinet meetings are held at Izzuddheen Maalam.
  246. Minister of Fisheries and Agriculture, Minister of Education, Minister of Tourism, Arts and Culture, Minister of Human Resources, Youth and Sports, Minister of Economic Development, Minister of Home Affairs,
  247. Minister of Defence and National Security, Minister of Finance, Minister of Transport and Communication, Special Envoy to the President, Chief of Staff at the President’s Office, and Cabinet Secretary were in attendance.
  248. At the meeting the President said he had to resign and gave his reasons. He said under the circumstances he saw it best to resign.
  249. A Minister disagreed. Another suggested that he negotiates with the people gathered. And another proposed seeking external assistance. President Nasheed indicated that he did not see negotiations were possible given the situation at Republic Square, and said there was nothing else to do except resign.
  250. Having concluded the cabinet meeting, en route to Dharumavantha Maalam where the press conference was to be held, President Nasheed stopped at Ghaazee Maalam. The Cabinet Secretary and Chief of Staff accompanied him.
  251. While he was at the Ghaazee Maalam, Nazim, Fayaz and Riyaz also came in.
  252. Nazim told President Nasheed that Speaker of Parliament Abdulla Shahid had enquired after the resignation letter President Nasheed was sending to the Majlis.
  253. President Nasheed asked the Cabinet Secretary about the resignation letter who replied that it had not yet been prepared. The president asked him to bring a pen and paper. When the President’s official Letterhead paper and a pen were brought, President Nasheed wrote the resignation letter in his own hand and signed it. He was standing at a podium in the room.
  254. Having written the resignation letter President Nasheed went into Dharumavantha Maalam for the press conference. Nazim, Riyaz and Fayaz followed him into the room.
  255. President Nasheed announced his resignation himself, in the presence of the cabinet members, in front of the media, live, at 12:57 p.m.
    “Beloved citizens of the Maldives. I see that if I were to continue as President of the Maldives a lot of harm may befall Maldivians and the Maldives. Therefore, as of today, I am resigning from the post of the President of the Maldives. I have never wanted to rule by force. I came to this decision because, in my opinion, I sincerely believe, that if this government is to be maintained, it would require the use of extreme force and cause harm to a lot of citizens. Also, in my opinion, if attempts are to be made to maintain this government, it is very likely that the Maldives will become susceptible to foreign influences. I have always wished the best for Maldivians and will continue to do so in the future. I have made the decision today to resign for the benefit of Maldivians, with sincere respect and keeping in mind the high levels of support Maldivians have shown me. I hope that Maldivians will see a more prosperous tomorrow and I pray our lives will be good now and in the hereafter.”
  256. 13:00-14:00

  257. Abdulla Riyaz asked the Cabinet Secretary if the resignation letter President Nasheed wrote had been sent. When he replied that the letter was in Dispatch, Riyaz and Fayaz collected the letter from the Dispatch to take it to the Majlis. When Dispatch handed the letter over to Riyaz he was instructed to fill out a receipt and return it.
  258. Police Commissioner signed his resignation letter at the main police headquarters.
  259. After announcing his resignation, President Nasheed went up to the fifth floor of the President’s Office and met and greeted some members of staff.
  260. President Nasheed said he wanted to return to his official residence Mulee Aage on foot, and did so.
  261. Before he left, the military arranged a three-line strong cordon to reinforce security in the area.
  262. Riyaz and Nazim accompanied President Nasheed. Riyaz had the President’s resignation letter in his hand at the time.
  263. When President Nasheed went into Mulee Aage, Riyaz went to the main police headquarters and handed over the resignation letter to a police officer to take it to the Majlis. He also asked him to fill out the receipt and return it to the President’s Office once the letter had been received at the Majlis.
  264. Speaker of the Parliament received President Nasheed’s resignation letter at 13:43
  265. The police officer who delivered the letter to the Majlis returned to the main police headquarters with the receipt of delivery, which was then sent to the President’s Office.
  266. 14:00-15:00

  267. President Nasheed requested to go to his own home from the official residence of Mulee Aage. The Security Co-ordinator, via the Bodyguard, told President Nasheed to wait at Mulee Aage until security arrangements were put in place for him to make the move. The Co-ordinator made the request for time because he had not discussed with senior military officers and received the security clearance.
  268. Police revealed in the media that no senior officials of President Nasheed’s government were allowed to leave the country.
  269. 15:00-16:00

  270. Vice President Dr Mohamed Waheed Hassan Manik took the oath of office as President at the administrative office of the Majlis. The oath was administered by Chief Justice Ahmed Faiz Hussein in the presence of the Speaker of Majlis.
    “I do swear in the name of Almighty Allah that I will respect the religion of Islam, that I will uphold the Constitution of the Republic of Maldives and the fundamental rights of the Maldivian citizens, that I will bear true faith and allegiance to the Republic of Maldives, and will discharge the duties and responsibilities of the office of President honestly and faithfully in accordance with the Constitution and laws of the Republic of Maldives.”
  271. 18:00-19:00

  272. As he had repeatedly requested, arrangements were made for President Nasheed to return to Kenereege [his family home]. He left Mulee Aage through the southern gate and went to Kenereege accompanied by Security Co-ordinator, the military, and bodyguards.Inside MNBC One 7 February 2012, Tuesday
  273. MNBC One continued their transmissions throughout the night of 6 February 2012. In addition to showing the meeting being held at the MDP Haruge, some senior official’s in Nasheed’s administration were on, speaking in support of the government. In between, they also broadcast patriotic songs about the military.
  274. Coalition members at the Republic Square expressed dissatisfaction with the fact that none of the unrest there was being shown on MNBC One.
  275. 06:00-09:00

  276. Some political figures who support the government said, in a live programme shown on MNBC One, that President Nasheed was safe, and that the events involving the police were the work of a few. While this programme was being shown, the ticker at the bottom of the screen said: ‘Unsuccessful coup”.
  277. A large number of MDP activists were seen active near the MNBC One and the MDP Meeting Hall.
  278. 09:00-10:00

  279. After discussions among senior executives at MNBC One, to protect itself from potential attacks from a public dissatisfied with lack of proper information, and after discussions with senior VTV executives, a decision was made to broadcast a clean-feed from VTV.
  280. MNBC One was not providing sufficient information to the public, so Adhaalath Party’s Sheikh Imran Abdulla arrived at MNBC One to rectify the situation. He was sent away by MDP activists in the front yard of MNBC One.
  281. When Sheikh Imran was sent away from MNBC One he called a senior police officer at the Republic Square and asked them to send police over to MNBC One.
  282. When the live programmes on MNBC One was interrupted, Ali Waheed (Silverscene) [President Waheed’s brother] went over to MNBC One to check what was happening. When he was sent away from MNBC One by MDP activists in the yard, he lingered outside for a while and went home.
  283. 10:00-11:00

  284. When a police team arrived at MNBC One, some MDP activists started attacking them with stones and wooden planks. When this happened, the senior officer in the team phoned an officer at Republic Square and told him that MNBC One could not be approached without reinforcements.
  285. When police and military arrived at MNBC One in a truck, MDP activists attacked them.
  286. More police and military arrived at MNBC One, sprayed tear gas, and dispersed the MDP activists.
  287. MNBC One began broadcasting VTV live-feed of the events at Republic Square.
  288. Police and military were unsuccessful in their attempts to open the main gate of MNBC One, which was locked. They fired a riot gun at the gate but it did not open until after the lock was shaken about and broken.
  289. Some Coalition activists also entered MNBC One with the police and military.
  290. Police and military went to the MDP Meeting Hall and caused great destruction.
  291. Police entered the administration area of MNBC One, and led all members of staff there into Studio Three
  292. The military who accompanied the police MNBC One went into Studio Three and assured them that no staff was in danger, and told them to continue with their jobs. They also said that if any member of staff felt they were in danger, the military would ensure their safe passage home.
  293. Some MNBC One staff were taken home under military protection.
  294. Some members of the Maldives Broadcasting Commission were active within MNBC One.
  295. The name of MNBC One was changed to Television Maldives and it continued broadcasting with the TVM logo.
  296. Ali Waheed went to MNBC One a second time and waited in the yard. When he heard of President Nasheed’s resignation, he went into MNBC One to see how things were going.
  297. Once President Waheed took oath of office he instructed [Ali] Waheed to take over TV. He notified the staff, and did so.
  298. Inside the Police Headquarters (7 February, Tuesday 10:00-13:00)

  299. With the police gathering at Republic Square, senior police officers who felt the leadership of Commissioner and Deputy Commissioners were not up to par, held a meeting. They discussed the most suitable person to temporarily take over police leadership. It was also said seeking the Commissioner’s opinion was a good idea and it was suggested he should be invited to the meeting.
  300. Two senior police officers met with Commissioner Faseeh. They questioned him about how he intended to deal with the situation. They also provided the information that President Nasheed was resigning. The Commissioner replied he had decided a long time ago to resign.
  301. The two officers informed the Commissioner they were meeting in the conference room and told him they would like him to attend. They returned to the meeting.
  302. The most senior officer present at the time, Assistant Commissioner Mohamed Sadiq, was proposed and supported as the person to take over the leadership temporarily. Sadiq, however, refused.
  303. When all other senior officers refused to take over, after a vote, it was decided that Chief Inspector Abdulla Fairoosh will take over as interim leader of the Maldives Police Service.
  304. As the meeting concluded, the Commissioner arrived and told them to serve without political influence and advised them to do everything right. He shook hands with the officers and returned to his office.
  305. It was announced at the Republic Square that Abdulla Fairoosh had been given leadership of the police.
  306. When senior police officers advised him that he should give a press conference and that he should be in official dress when he does so, Fairoosh went home to put it on.
  307. Inside the police headquarters he met with the media and went into the crowds gathered to announce he had taken over the police.
  308. On request of senior political figures of the Coalition, senior police officers met with them in a conference room on the fifth floor of the police headquarters. Police requested that political parties do not interfere with police business. They also requested that supporters of political figures be kept off the streets. While the meeting was going on, President Nasheed phoned the leader of DRP and told him of his intention to resign. The DRP leader conveyed the message to the meeting.
  309. Among the people who attended the meeting were DRP leader, PPM Parliamentary Group leader, and senior members of the Coalition.
  310. The meeting was concluded when the political leaders went to meet and greet Chief Criminal Court Judge who was being brought back to Male’. The political leaders who were at the meeting met with Chief Judge at a lounge on the ground floor of the police headquarters.
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Comment: Stop the charade, this is no longer a democracy

Stop this nonsense, you can only push propaganda so far.

The people confronting the police on the streets of Male’ everyday are not ‘thugs’. They are people from all over Maldives, they are young they are old. They are rich, they are poor. They are pious, they are indifferent. They are liberal, they are conservative. They are educated, they are fishermen. They are students, they are teachers, husbands, wives. They all believe in one thing: their right to elect their leader as citizens of a democracy.

These are the people who are out on the streets, fighting with the police and kicking up a riot. Because their right to be governed democratically has been taken away from them.

Stop this nonsense about ‘what of the poor police’? There is a fundamental flaw in the argument that ‘they [police] are just ordinary people, too.’ Vast differences exist between a civilian and a policeman on duty. Police are trained to control their impulses, to withstand anger, to repel provocation, to use weapons. Ordinary people are not. The public pays the police not to hurt them but to protect them.

Within twenty four hours of the new regime’s assumption of power, people were being brutally beaten by the police. The force of their violence has been a constant presence since 8 February. It is a threat that hovers in the air, unspoken. Always present.

With every mass protest on the streets of Male’, the police have come down harder, their violence more ruthless. Using pepper-spray and tear-gas has become the norm. The police charge at people with all their might, and without warning shoot tear-gas canisters into the people. They have put one woman’s burugaa on fire, smashed the head open of another and choked plenty.

Stop this nonsense about using ‘minimum force’, there is nothing minimal about the force with which the police come at you. You only have to feel their batons pointed at you and hear the filth they shout at you to know the level of violent force aimed at you by these men in uniform. They come in hordes, they pepper-spray at random, often pausing to take people’s sun-glasses off before spraying them straight in the eye. They crack open skulls without hesitation.

There is wanton cruelty, gratuitous violence. And there is a feeling of ferocious rage emanating from them as they hunt people down. These are not police running after an out-of–control people, these are police charging into people with the intention of intimidating, hitting, hurting, violating. The police are seeking to break them in, make them docile and prime them to be subjects of a dictatorship.

Like in all situations of conflict, women have been heavily victimised and subjected to gender-based violence. Police have partially undressed women on the streets, revealing their flesh in ways that compromise their privacy and mock the Islamic modesty her buruga is meant to convey.

There have been reports of women’s breasts being violently molested, or specifically targeted for physical assault. Unarmed women have been handcuffed and dragged to the island of Dhoonidhoo and detained without charge. ‘Unity Government’ MPs, like Red Wave Saleem, pontificate on television equating the women protesting with ‘women working in brothels.’

Stop the nonsense about this being a democracy, it cannot be one with an authoritarian government in power.

There can be no democracy where senior officials are being purged from government because they belong to a particular political party. There cannot be a democracy where the president is publicly campaigning, using state funds, for a parliament contender that is not even a member of his own party. There is no democracy where the president uses military force to pave his path to the parliament; where the president can only travel within the country by clearing off all streets everyone except his supporters.

Most importantly, there cannot be a democracy where questions remain unanswered about how the first democratically elected government of the country came to an end.

Stop this nonsense about colour, about ‘MDP people’, about whether it is unladylike for women to shout on the streets. The choice Maldivians face today is much bigger, stark. Democracy or autocracy. If early elections are held, it may put the transition back on track back on track, but if we let this government continue in its campaign to legitimise itself until 2013, by hook or by crook, there would be no going back. It will be too late for democracy.

At the rate the new government is reversing all policies that released people from the system of patronage built over a thirty-year dictatorship, people will soon be caught yet again in the same shackles of abject dependency on the Dear Leader that kept us subservient for those three decades.

If people don’t want this to happen, we must join the struggle to ensure this robbery of our fundamental right to govern ourselves is not covered up through false legitimisation. We shouldn’t let political colour blind us to the truth: democracy is in danger in the Maldives. If we believe in it, we must fight for it.

If dictatorship is what you want, don’t do anything. If not, do something.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Comment: Getting constitutional with Waheed

Dr Waheed has often reiterated that no matter what the findings are of a formal enquiry into the events that led to Mohamed Nasheed’s resignation, his own legitimacy as President of the Maldives remains beyond question.

He bases this claim to legitimacy on the constitution. How much substance does the claim have?

Article 121 of the constitution states the President can quit by submitting his resignation written ‘under his own hand’ to the Speaker of the Majlis. The office of the President becomes vacant as soon as the Speaker receives the resignation letter.

Article 112 (d), meanwhile, states that if the office of the President becomes vacant ‘for any reason’, the Vice President shall succeed to the office of the President.

Nasheed wrote his resignation letter, did he not? Waheed was sworn in as president after the Speaker received the letter, was he not? This means he is the legitimate president, does it not?

Technically, yes. And only if we assume, like Waheed does, that the constitution does not give a damn about whether or not the hand that wrote the president’s resignation letter was forced.

Such narrow constructions of the constitution, although incompatible with the ethos of a new democracy committed to its consolidation, are popular weapons for instating the legitimacy of this new regime.

It has, for example, continuously invoked Article 110 as a reason why elections cannot be held earlier than July-September 2013 without first enacting a constitutional amendment.

Article 110 states that elections for the office of President must be held within 120 days to 30 days before the end of a given five year term. It assumes things are going according to plan and, to ensure the smooth transition of power, it provides a timeframe within which the handover of power can take place democratically, through the ballot box.

The new regime has taken this clause of the constitution to mean that it forbids elections until 120 days before the expiry of a natural five-year term, no matter what.

If this were so, why does Article 125(c) of the Constitution foresee circumstances ‘where fresh elections have to be held for any reason during the currency of an ongoing presidential term’?

Where then is the legal basis for the argument being made by Waheed and the current regime that holding early elections will require a constitutional amendment?

Another question about Waheed and the constitution is: what type of president is he? Is he a caretaker president, or is he president proper?

Article 114 of the constitution says that an incoming president can assume office once he takes his oath before the Chief Justice, ‘at a sitting of the People’s Majlis’.

The Chief Justice administered the oath of office for Waheed’s presidency. And Speaker Abdulla Shajid was present. But it was not done ‘at a sitting of the People’s Majlis’.

According to the constitution this is a type of oath administered not to an incoming president proper, but to ‘any person temporarily discharging the duties of the office of the President’ (Article 126).

Furthermore, the only circumstance in which the constitution envisages the need for such a caretaker is if the offices of both the President and the Vice President become vacant at the same time (Article 125(a)).

By overseeing a caretaker oath for Waheed, did the Speaker of the Majlis de facto deem the offices of both the president and the vice president vacant on 7 February? If not, why was Waheed not sworn in before the Majlis?

Most importantly, if the constitution is to be upheld, such a caretaker figure can only remain as the country’s leader for a maximum period of 60 days.

Elections must be held within that period for both President and Vice President.

So why are fresh elections not being held before 7 April? And again, why is it being said that the constitution cannot accommodate early elections without an amendment?

And, if Waheed took office as a ‘person temporarily discharging the duties of the office of the President’ (Article 126), what business does he have purging the government of high-ranking MDP members, installing a brand new cabinet, and modifying or reversing most major policies pursued by the legitimate government he was supposed to be taking care of?

If President Nasheed resigned voluntarily and Waheed acceded to the position constitutionally, then Waheed’s first trip to the Majlis should not, and cannot, be to address it as President.

Without the Majlis first witnessing him taking the oath, it has no business accepting him as President.

One final question on Waheed and the constitution: if Waheed were such a stickler for it, and were he such a committed democrat, why is he turning a blind eye and a deaf ear to the thousands of people demanding ‘elections now’?

Article 125 of the constitution provides him with the perfect opportunity to give people what they want. All he has to do is resign for there to be an election within 60 days.

Can Waheed take a hit for the greater good? Or is his commitment to democracy as much of a chimera as the ninety-percent support he claims to have?

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Comment: Maldives 1984

Like Orwell’s 1984 society in which people ‘could be made to accept the most flagrant violations of reality, because they never fully grasped the enormity of what was demanded of them,’ a large chunk of Maldivian society remains convinced that what happened on 7 February is nothing more than the replacement of one leader by another.

People are not wholly to blame for failing to recognise the ongoing authoritarian reversal for what it is. The new-old regime’s propaganda apparatus is a force to be reckoned with; at least in terms of audacity, if not professionalism.

It is clear, from the armed takeover of state broadcaster MNBC One by rogue police early on 7 February to the shutting down of stream.mv on Friday and the continuing efforts to revoke Raajje TV’s permission to broadcast nationwide, that using propaganda as a totalitarian state uses the bludgeon is a key strategy in the plans for regime change.

No facts, only interpretations

The only message the new-old regime allows in the media is: ‘what happened on 7 February is a good thing.’ Thus, Mohamed Nazim, Abdulla Riyaz and Mohamed Fayaz, the three civilians with no status, rank or right, who commandeered the country’s security forces and enabled their mutiny against the Commander in Chief become not traitors but heroes. Nazim is on video, Fayaz standing beside him, announcing his success in forcing the country’s first democratically elected president to ‘resign unconditionally.’ What law of the land sanctions such an act? Yet, their treason is valorised as patriotism. Nazim becomes Defence Minister, Abdulla Riyaz Police Commissioner, and Mohamed Fayaz Minister of State for Home Affairs. If the new-old regime is to be believed, these three men are the Three Brothers Utheemu reincarnated.

Mainstream media are glad to take up the theme. Here’s how Haveeru newspaper introduced Mohamed [Thakurufaanu] Nazim in a recent article: ‘Nazim, who played a lead role controlling and establishing order in the confrontation between police and military before President Nasheed’s resignation.’

In case rogue elements of the media refuse to convey the message as packaged, Nazim has taken it upon himself to explain his uncontrollable acts of ‘altruism’ via a personal blog. It is a fascinating world where has-been soldiers taking control of a country’s armed forces becomes ‘answering the call of duty’, and astrological signs are rendered vital for discerning a serviceman’s calibre. Nazim, people should be glad to know, is a Pisces. In the Maldives of 1984, knowing the country’s armed forces are in the hands of a patriotic peace-loving fish is all the reassurance people need that everything is all right.

Comical Ali comeback?

Adding to the surrealism is Dr President Mohamed Waheed’s increasing resemblance to Saddam Hussein’s Information Minister Mohammed Saeed al-Sahhaf, or Comical Ali, as he came to be known in 2003. As al-Sahhaf continued to deny American troops were in Baghdad even as they were clearly visible behind him, Dr Waheed denies any knowledge of a coup even as evidence of it circulates freely around him.

Beginning with the classic: ‘Do I look like someone who would carry out a coup?’ Dr Waheed’s protestations of innocence – and his actions – have only become increasingly incredible and inherently contradictory with time. He says he was not party to the coup, but there is an unbroken chain of evidence linking him to its planning, at least from 31 January onwards.

Then there’s the diplomatic doublespeak. Indian mediators left the Maldives mid-February with the impression there will be ‘discussions with all relevant parties to conduct elections by an early date’, but Dr Waheed’s office has since made clear Delhi was mistaken. All calls for early elections since, from all international actors, have been met with muted consent that translates into non-action at home.

When the Commonwealth Ministerial Action Group (CMAG) suspended the Maldives until the outcome of an enquiry, Dr Waheed’s ministers told Maldivians no such thing happened. CMAG did not use the word ‘suspend’. It said the Maldives was being ‘held in abeyance’. For the layman, a small sidestep in vocabulary, for Dr Waheed’s government, a giant leap in interpretation.

When CMAG suggested international involvement in investigating the events of 7 February, Dr Waheed said he had already established such an ‘independent’ commission (with members of the old-new regime) for the purpose. Only it could decide whether international mediation was required or not.

On Thursday, Dr Waheed made such a mechanism redundant by announcing he, and his defence minister, already knew exactly who was behind it all: Allah.

Since then, it seems as if a new persona has taken over Dr Waheed. Where he was diffident before, he now pumps his fists in the air with anger and pelvis pumps in front of thousands. He is not only happy to share a stage with Gasim Ibrahim, Thasmeen Ali and Abdulla Yameen, opposition leaders whom many have accused of playing a pivotal role in the events of 7 February, but welcomes them with open arms and unhesitatingly hugs them close, pot-belly to pot-belly.

Where he once kept his faith to himself he now appears intoxicated by the same opium of the masses that has made his supporters so pliable. ‘This change in government is Allah’s will!’ he shouted on Friday. ‘A blessed triumph!’ And verily the pious were persuaded. They flocked to the sea to perform their ablutions and dropped to their knees in prayer then and there. It was as if by some miracle the tap water in Male’ suddenly ran dry, and the doors of all mosques all of a sudden jammed shut. And, from atop the mountain of love that grew for him among the supplicating people, Dr Waheed delivered unto them a special message—fear not beloved Maldivians, for blessed is this government of mine.

Lies, damn lies and statistics

Now that the strength of the dollar and military might have been ruled out as culprits and divine right confirmed as solely responsible for the ‘inevitable’ events of 7 February, what remains between facts and the ‘truth’ of the new-old regime are those refusing to surrender their right to choose their leader.

Thus began the numbers game—how many people want us and how many want them? There is a time-honoured instrument with which to accurately count how many people want a particular leader. It is called a ballot box. In the Maldives of 1984, however, where democracy is but another name for oligarchy, there is a new way of garnering how much support a leader has.

Watch the gatherings of those who demand democracy, estimate the daily crowd, and gather together—by whatever means available—a comparative number. This can be done by appealing to all who want ‘anything but democracy’ and may include supporters of theocracy, autocracy, monarchy, plutocracy, anarchy, etc and those who could not care less. Pen them all into a small area, take photographs using angles and lenses which best exaggerate crowd density, and compare with pictures (preferably taken when crowds are at their thinnest) of those who want democracy. For best results, enhance digitally. When doing an overall head count, if the numbers are less, add or delete a zero or two at the end as required. And there it is: Dr Waheed’s support is bigger than Nasheed’s. Ergo, Dr Waheed’s government is legitimate.

A coup? What coup? Since when was a coup necessary to bring about a divinely ordained government supported by the majority?

Azra Naseem holds a doctorate in International Relations.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Comment: Operation Haram to Halal – the Islamist role in replacing Nasheed with Waheed

‘Since Mohamed Nasheed of Kenereege who held the post of the President of the Maldives is an anti-Islamic, corrupt, authoritarian, and violent individual who abused the Constitution; and given that Vice President Dr Mohamed Waheed Hassan Manik is the man to steer the country to a safe harbour, the Consultative Committee of Adhaalath Party has taken the unanimous decision to pledge allegiance to Dr Waheed and to support his government until 2013’. – Adhaalath Party, 7 February 2012

Maldivian Islamists played an instrumental role in the events of 7 February 2012, which forced the country’s first democratically elected president Mohamed Nasheed to ‘resign.’ Coup Deniers and followers of Islamists vehemently object to any such claim. The Islamists themselves, however, have been very public, and very publicly proud, of the ‘religious duty’ they performed by facilitating the removal from power of Nasheed – in their opinion an anti-Islamic heretic.

This is clear from the many proclamations and announcements they made in the lead up to and in the aftermath of Nasheed’s ‘resignation’. Having declared Nasheed a heretic on 7 February, Adhaalath Party put out a press release on 8 February, the worst day of violence since transition to democracy. It called on people to stand up against Nasheed, “with swords and guns” if needs be. Any Maldivian who failed to do so was a sinner, and had no right to live in the country. Fight Nasheed or emigrate; Jihad against him or be eternally damned, it said. The ‘truth’ of their words was bolstered by selective quotations from Islamic teachings. Accepting Waheed—”a just ruler”—was portrayed as a religious duty of Maldivian Muslims.

Replacing Nasheed with Waheed, the ‘haram’ president with the ‘halal’ president, appears to be what Adhaalath President Sheikh Imran Abdulla referred to on 31 January as ‘Phase Two’ of ‘the work we have been doing until today.’ What was the work Adhaalath and its allies had been doing until then?

Setting the stage: grooming the population

Out of necessity, Nasheed had to include Adhaalath Party in the coalition government he put together in 2008. To put it mildly, the liberal minded president and the ultra-conservative Adhaalath Party had nothing in common. Despite the frequent clashes over various issues—selling alcohol on inhabited islands, making Islam an optional rather than a compulsory subject in secondary school, introduction of ‘religious unity regulations’, provision of land for an Islamic College in Male’—Nasheed had no choice but to stick to his coalition agreement. The turbulent political marriage of convenience came to an end only in September 2011 when Adhaalath voted to sever the coalition agreement citing Nasheed’s lack of cooperation in its efforts to ‘strengthen’ Islam in the Maldives.

In the intervening period, driven by pragmatic reasons and by an oversimplified belief that freedom of expression is sacrosanct—no matter what the consequences—Nasheed failed to impose any restrictions on the increasingly extremist and hardline rhetoric of the Islamists. With Adhaalath’s Dr Abdul Majid Abdul Bari at the helm of the Islamic Ministry, radical preachers from abroad and from within the country were given free-reign, and funds from the public coffer, to address the Maldivian population. 2010 saw, for example, the Indian televangelist Dr Zakir Naik, as well as Jamaican Dr Bilal Philips and British Sheikh Abdurraheem Green address the Maldivian public. In addition to the foreign preachers, Maldivian missionaries trained at madhrasaas in Pakistan and ultra-conservative schools and universities in India, Saudi Arabia and elsewhere bombarded Maldivians with radical rhetoric from every available public platform.

Anti-Semitism, xenophobia, and intolerance of other religions became a part of daily discourse, broadcast on national television, played incessantly in public spaces from taxis and ferries to loudspeakers on the streets. Close to 90 percent of books stocked in most Maldivian bookshops during this period came to be those authored by the extremists whose words were designed to influence every little detail of a Maldivian’s life from toilet to conjugal relations. While extremist literature flourished and their voice took over the public sphere, the liberal voice floundered. When concerned liberals approached Nasheed asking for his help in countering the voices of extremism, his response was—more on less—to tell them ‘do it yourselves.’ The government, he said, could not impose restrictions on speech.

Despite the strong civil society that flourished during Nasheed’s government, the extremist movement had become too strong by then for individuals—acting without any support from the State—to organise against it. The labels of apostasy, heresy and anti-Islamic agent’ had become too powerful as political tools by then for any anti-extremist group or movement to be able to get a foothold in the public sphere. Many individuals attempted to organise into groups, but were shutdown as anti-Islamic before they could become a coherent voice in society. Anyone who expressed doubt about their faith in Islam was branded an apostate and ostracised. The strength of these prevailing sentiments was seen in the suicide of Ismail Mohamed Didi, a 25-year-old man who hanged himself in July 2010 after being hounded by friends and family for expressing doubt over his belief in Islam. The extremists were determined that the myth of ‘Maldives is a hundred percent Muslim nation’ will be maintained, even if it meant the oppression and death of those who did not believe.

Phase One: Nasheed as heretic

The push to drive Nasheed out began in earnest at the end of 2011. Many incidents towards the end of the year proved fortuitous for the extremists. In November Maldives hosted the annual summit meeting of SAARC (South Asian Association for Regional Cooperation). Among bilateral gifts exchanged were various monuments and statues depicting the culture and traditions of the gifting country. In the spirit of ‘building bridges’, the summit theme, Maldives displayed a welcome banner at the airport in which religious figures dear to all members of SAARC were included. An image of Jesus was on the banner. Alleging that the banner promoted Christianity and that several of the gifts—including one from Pakistan—were anti-Islamic idols of worship, religious organisation and parties galvanised the public into what can aptly be described as mass-hysteria. The banner was taken down, and the monuments were put under police protection until they were destroyed. All in the name of protecting Islam.

On 24 November 2011, visiting UN Human Rights Commissioner Navi Pillay addressed the Maldivian parliament and spoke out against the practice of flogging, which continues to this day. The public furore incited over the ‘idols’ had not yet died down down. Islamists saw another opportunity to keep the hysteria alive. They led about a hundred or so angry people to the doors of the UN building to protest against Pillay’s call for a humanitarian approach to punishment. Although Nasheed’s Islamic Ministry unequivocally condemned the speech, Nasheed himself spoke in favour of Pillay’s stance. For the ultra-conservatives in Parliament and in socio-political positions of power, it was a sure sign that Nasheed was an anti-Islamic ‘Western puppet.’

The next plum opportunity for the Islamists came on 10 December, the International Human Rights Day, when a handful of young Maldivians staged a minor ‘silent protest’ against the growing religious intolerance in the country. Despite the fact that Nasheed’s government imprisoned one of the protesters, the Maldives’ only openly gay activist, religious conservatives were furious with Nasheed for not meting out severe punishment against the protestors. It was deemed as further evidence of Nasheed’s heresy.

It is against this backdrop, and armed with these pretexts, that the campaign to depose Nasheed was launched. Its first major public display was on 23 December in the form of a protest under the banner: ‘Maldivians Defending Islam.’ Having been bombarded since November by messages that Nasheed is a threat to their faith, and convinced by the relentless extremist rhetoric of years, thousands of Maldivians spilled onto the streets of Male’ in ‘defence of Islam’. What a majority of the people had not had the time or space to understand is that the threat to Maldivians’ faith has come not from Nasheed but from the extremists.

For hundreds of years, insulated as the country had been from the rest of the world, Maldivians were largely ignorant of the various conflicts within and around the ‘Islamic world’. The Islam that Maldivians practised was personal—a deeply held faith that did not need mediation by ‘scholars’ or preachers. Public displays of piety, such as having women shrouded in black or men hiding behind waist-length beards, were never part of the Maldivian belief system. Suppression of women as second-class citizens, violence in the name of religion, disputes over which prayer to be said at what time, insistence on imposing the death sentence, child brides, sex slaves—these were not part of the fabric of ‘Maldivian Islam.’ The extremists introduced such ideology and practices into the Maldives, and spread it across the country using the very freedoms of democracy they rally against. The success of the extremists had been their ability to use its newfound freedom of expression as a tool for convincing an unsuspecting population that until the arrival of these missionaries, Maldives had been ignorant of the ‘right Islam’.

It was in the defence of this extremism, which Nasheed had failed to act against—and which he was now being accused of threatening—that thousands of Maldivians gathered in Male’ on 23 December.

Phase One, Stage Two: the unholy alliance between ‘democrats’ and Islamists

It would be a mistake to assume that the Islamists, as widespread and powerful as their influence among the general population has been, would have been able to successfully depose Nasheed on their own. Rather, this occurred when opposition parties, having proven time and again their penchant for regarding Islam—and democracy itself for that matter—as open to opportunistic appropriation, allied with the Islamists with this very goal in mind.

Eight opposition parties of the Maldives and allied NGOs put their organisational and rallying tools behind the 23 December protests. That this was an alliance, for the political parties at least, wholly devoid of any Islamic piety is clear from who appeared as its leading members. A core group of them were resort owners—rich tycoons who have no qualms being purveyors of alcohol, pork, and ‘hedonistic’ pleasures to ‘infidels’. What smacked of hypocrisy and opportunism even more was the involvement of figures who had previously spoken out against the rising extremism in the country. Present among them were, for example, Dr Hassan Saeed who co-authored the book ‘Freedom of Religion, Apostasy and Islam’ which argues that Islam is a religion of tolerance. He is now the newly appointed President Waheed’s special advisor.

Former President Maumoon Abdul Gayoom had a statement read out in favour of the protests despite his long career being rich with seminars and papers arguing the tolerance and liberalism of Islam. Without the easy manner in which these figures dismissed their own convictions for the sake of political power, the Islamists would not have been able to push their agenda onto the Maldivian people so easily. It was a case of political parasites feeding off each other.

The next step was the publication of a pamphlet by Dhivehi Qaumee Party (DQP), or Maldivian National Party, that provided alleged details of a secret agenda pursued by Nasheed to undermine Maldivians’ Islamic faith. The 30-page pamphlet, ironically, can easily rival Dutch politician Geert Wilder’s hate-filled anti-Islamic film ‘Fitna’ in its use of the Qur’an to incite hatred. There was very little that matters to Muslims that was not exploited for political gain in the publication. Nasheed government’s decision to foster business with Israel was depicted as an ‘alliance with Jews’ at the expense of Palestinians and his bilateral ties with Western governments was portrayed as friendships with ‘enemies of Islam’. Blatant lies, such as Christian priests being appointed as Nasheed’s emissaries, were mixed in with facts that were twisted beyond recognition.

While using the democratic principle of freedom of expression, freely granted by Nasheed, it sought to convince Maldivians that modernity and Islam are diametrically opposed to each other. Equating the overthrow of Nasheed’s government with a religious duty, it called on all Maldivians to do what they can to unseat the immoral heretic from power. Dr Hassan Saeed, author of the book ‘Freedom of Religion, Apostasy and Islam’, is the deputy leader of DQP. Its leader is Dr Mohamed Jameel Ahmed. He is now the Minister of Home Affairs in Dr Waheed’s newly formed cabinet. In 2007 Dr Jameel was Gayoom’s Justice Minister, and resigned seemingly in protest against Gayoom’s failure to reign in the increasing Islamic militancy in the country. Less than five years later, his supposedly staunch principles were nowhere in sight as he pushed Maldivians to protest against Nasheed’s liberal government and embrace Sharia.

Phase One, Stage Three

Nasheed’s orders to have Judge Abdulla Mohamed arrested on 16 January 2012 was like a manna from heaven for the politico-religious coalition which was now calling itself the December 23 Alliance. Here was an opportunity to marry Nasheed’s alleged anti-Islamic activities with his violation of the constitution. Not one member of the opposition, nor the self-proclaimed champion of the constitution, President Waheed, has ever spoken out against the unconstitutional acts that has allowed Judge Abdulla to remain on the bench. The very same leaders, who now bellowed and whipped the people into a frenzy over the Judge’s detention, had presided over—and evidence exists, orchestrated—the events which allowed convicted criminals and sex offenders to remain on the bench in violation of Article 285 of the Constitution.

Deleted from public discourse, and therefore missing from public understanding, was the sad truth that at the time of Judge Abdulla’s arrest there were no democratic institutions capable of reigning in his many unlawful acts on the bench. He had no scruples over letting dangerous criminals walk free, espousing political views, and displaying sexual depravity in the courtroom. And he bestowed on himself the authority to overrule the Judicial Service Commission, the independent institution established by the Constitution to oversee the ethical and professional standards of the judiciary. That the opposition’s use of the judge’s arrest for inciting public protests was nothing more than political opportunism becomes clear in the fact that following Judge Abdulla’s release—on the same day that Nasheed was deposed—there has been no move to investigate the charges against him. Nor has President Waheed, taken any steps to initiate an investigation into the failures of the JSC. It is as if Judge Abdulla has no pending complaints of judicial misconduct against him, nor a criminal background. Exhausted by the ‘ordeal’ in which he seems to have had no role to play, he is now on a month-long holiday.

Phase Two: in the name of God and country

The two hundred or so members of the public who came out to protest against Judge Abdulla’s arrest for 22 consecutive nights were a motley crew. Some were there to defend extremism, others were there to defend the Constitution and demand the freedom of a politically biased, criminally convicted judge who remained on the bench in violation of the Constitution. It was their honestly held belief that reinstating a judge found guilty of political bias was the way to give themselves an independent judiciary. The rest were people who would protest the opening of an envelope, social deviants, and hired thugs egged on by opposition MPs and party leaders who incited them to continued violence daily for three weeks.

On 31 January, a week before Nasheed was forced to resign, the 23 December Alliance met in the wee hours of the morning. Presiding over the meeting was the President of Adhaalath Party Sheikh Imran Abdulla. At his side, displaying proudly the alliance between the political opportunists and the Islamists, is the Vice President of former president Gayoom’s new Progressive Party of Maldives (PPM) Umar Naseer. They both announced that since Nasheed had stepped outside of the boundaries of the constitution, their alliance had made a unanimous decision to pledge their allegiance to the Vice President. Their decision was reached, they said, after meeting with Vice President Waheed earlier that night. Umar Naseer, who had repeatedly incited violence during the weeks of protests, calmly called upon the armed forces of the country to refuse to obey any orders by their Commander in Chief Nasheed as he had ‘violated the Constitution.’ Umar Naseer appeared not to know—or not to care—that calling on the nation’s security forces to disobey their leader did not figure anywhere in the constitution either. Giving credence and weight to this call to unlawful acts, at least for those who were convinced Nasheed was also a heretic, was Sheikh Imran and other religious ‘scholars’.

Would the mutinying police and military officers that joined them have helped overthrow Nasheed’s government were they not convinced they were acting, not just for the country, but for Allah too? It is possible—for reports suggest that Allah was not the only God worshiped on that day; Mammon, too, commanded much devotion. Yet, it is Allah that the men in uniform who took over the state broadcaster with such violence thanked loudly for their success. ‘Allah Akbar, Allah Akbar!’ is what a band of military men marching on the streets of Male’ on that day were calling out in unison. It is Allah’s name that 2013 presidential candidate and owner of the Villa Resorts chain took when announcing Nasheed’s resignation to the public before it happened. One of the first acts of violence carried out on 8 February was the destruction of Buddhist relics from the pre-Islamic history of the Maldives dating back to the eleventh century. It is not the first time that Madivian Islamists have emulated the Taliban in their actions, and it will not be the last for many are disciples of the same form of Islam practised by the Taliban and several are alumni of the same madhrassas and universities Taliban leaders attended.

It cannot be denied that a large number of those who celebrated the departure of Nasheed were glad to see him go ‘because he violated the constitution.’ But those who do genuinely believe in the constitution, and are convinced that following it is the way forward for the country, know that deposing a democratically elected president by a coup is hardly constitutional. They are the many hundreds who have taken to the streets in ‘colourless’ protests—they are not supporters of MDP, nor necessarily of Nasheed. They, however, disagree with how the democratically elected leader has been forced out.

Apart from the diehard supporters of former president Gayoom and his allies, paid-for supporters of Gasim, and other tycoons who have the country’s politics in a stranglehold, the only people who remain jubilant at the overthrow of Nasheed are those convinced beyond any reasonable doubt that he was an anti-Islamic heretic. In helping depose him, in celebrating his departure, they have performed a religious duty. Replacing the haram Nasheed with the halal Waheed may not be democratic but it has assured them of a place in heaven. Little do they understand that, in this life, the rewards of their toil will be reaped not by them or their children but by those who have so shamelessly exploited their belief in Allah.

Phase Three?

President Waheed denies any knowledge of a coup, and refutes all allegations that he was party to the plot that forced Nasheed from office. Even if he is given the benefit of the doubt, and under the unlikely circumstance that he is, indeed, ignorant of the machinations of the politico-religious alliance that facilitated his assumption of office, he should be aware that his position is precarious indeed. The only reason he has been given the seal of approval, Adhaalath has made clear, is because he has not openly sided with Nasheed in his many stand-offs with the extremists. Reading between the lines of President Waheed’s utterances since assuming office, this was not out of choice—Nasheed did not allow him to participate in any decisions that mattered. This is, in fact, President Waheed’s biggest gripes against Nasheed, seemingly on a par with the deposed president’s unconstitutional arrest of the judge.

President Waheed has close to him as his Special Advisor Dr Hassan Saeed and as his Home Minister Dr Mohamed Jameel Ahmed. Two leaders of the party that authored the pamphlet of hate against Nasheed. One of the ‘sins’ the pamphlet alleges former president Gayoom committed as a leader was not forcing his wife to cover-up, and not bringing his children in line with hard-line Islamic principles. For this, the pamphlet condemns Gayoom. President Waheed’s wife is guilty of the same ‘sin’, and his children, Western-educated and brought up in the United Sates, are unlikely to heed any paternal demands to toe an ultra-conservative Islamist line. At least one of his children is a liberal and an outspoken supporter of democracy. Already, President Waheed is treading a thin line.

It is only a matter of time before the Islamists begin re-instating their position, and President Waheed becomes the focus of their ire. It makes little sense for them to have brought down ‘Nasheed the Heretic’ if not for a promised bounty that is not yet known. In their 8 February press release, it quotes from Islamic teachings as saying:

‘It is the duty of every Muslim to wage a Jihad against those who apply any law other than that of Islamic Sharia. And, until such time as they have accepted Sharia and begun applying Sharia among the people, it is your duty to wage war against them. ‘

Clearly, the Islamists’ work has only begun. Would President Waheed, who describes himself as committed to democracy, allow Islamic extremism to further takeover the country and destroy hundreds of years of peaceful, traditional Maldivian Islam? Would he stand up for his principles? Or would he allow them to be sacrificed at the altar of his political ambitions? It remains to be seen. As do details of the deal that was done between political opportunists and the Islamists to ensure Nasheed the haram president was replaced by Waheed the halal president.

Azra Naseem holds a doctorate in International Relations.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Comment: International community’s inaction may lead to carnage

The Maldives is beautiful. It is an archipelago of 1200 islands with pristine beaches, blue lagoons and thousands of coconut palms. It is one of the world’s most exclusive tourist destinations. It is a honeymooners’ haven and diver’s paradise. It is a hideaway for over-exposed celebrities and a sanctuary for the stressed. A string of islands nature intended as a playground for the rich and famous. Somewhere where Western billionaires come to have spa treatments underwater and the famous can relax without being photographed. A picture postcard.

Well, here’s a news flash. The Maldives is home to 300,000 people. They may not appear in the photographs, they may not be serving you your cocktails, they may not be cleaning your $4500 a night room, they may not be serving you the $1000 dinner on your golden plate under the full-moon, and the hands massaging your body in the spa under the palm tree may not be theirs, but they exist. They live, they talk, they walk, they feel, and they have the same silly notions about human rights, justice, equality and the rule of law as any other people in the world.

Last week, the Maldivian government was overthrown; its first democratically elected president held at gunpoint and forced to write a letter of resignation. It has been reported that ‘tourists barely put down their cocktails’ on the beaches of their exclusive holiday resorts just a few waves of the ocean away, so far removed is the tourism industry from the reality that Maldives is for Maldivian people.

Despite the tourists, and the rest of the world, being kept in deliberate ignorance, video evidence exists of the coup right from the planning stages to its successful execution. The only missing footage, so far, is that of the deposed president sitting down to write the letter. Everything else, from the violent take over of the state broadcaster by armed ‘policemen’, the beleagured president trying to control military and police personnel who were involved in the coup, coup leaders commanding the defecting officers, extreme brutality by the police against the public in the aftermath of the coup – it is all there, if you want to see it. ‘Want’ being the keyword here.

The ‘international community’ has not wanted to do so. British Prime Minister David Cameron, who had only months before described the deposed Maldivian President Nasheed as his ‘new best friend’, refused to lend him any support.

India, the supposed leader of democracy in South Asia, was the first to congratulate the new government and pledge its allegiance to its leader Dr Mohamed Waheed Hassan Manik.

Sri Lanka, despite Nasheed’s ill-judged support of President Mahinda Rajapaksa while the intenational community condemned him for alleged human rights abuses, followed suit.

It would come as no surprise for any observer of China’s recent foreign policy decisins that Beijing had no qualms over the legitimacy of the new government in declaring its willingness to carry on with business as usual.

Australia, home to many Maldivians and supposedly a close friend, found the Maldivian situation to be fodder for political jokes; the violence that its people endured in the aftermath of the coup nothing but material for double-entendres to be lobbed between parliamentarians on opposite sides.

And, of course, given the manner in which the United States has sought to spread democracy in the world in the last decade, it should come as no surprise that it finds no room to exercise its soft power in assisting Maldivians establish the truth about how their democracy was derailed last week.

The international community is making a huge mistake in ignoring the current crisis in the Maldives. The foremost reason being that the Maldives is incapable of conducting its own independent investigation into the events of the day as the international community is recommending. Like a small community in which twelve impartial people cannot be found for a jury in a trial where everybody has a stake in the verdict, there can be no tribunal of truth held in the Maldives where the majority is not biased one way or another.

The United States and others have rejected the deposed president and his supporters’ calls for new elections on the basis that there are no institutions capable of holding a fair and free one. What makes it, and the rest of the international community, then think that there can be an independent institution capable of conducting an impartial enquiry into the facts of 7 February? If any of the international teams that have been so active in the Maldives in the last week have done any homework at all, they know the biggest impediment to consolidation of democracy in the Maldives has been failure of the so-called independent institutions have been unable to free themselves from political influence.

It is not just the Maldivian people that the international community is betraying by leaving them to their own fate. It is also the ideals of democracy they have espoused so stridently, not to mention violently, for the last decade. By refusing to help the Maldivian people establish the truth of how its first democratically elected president was deposed, it is allowing the burial without ceremony of the role that anti-democratic forces – including radical Islamists – have played in bringing the fledgling Maldivian democracy to its knees.

It is also turning its back on a valuable opportunity to increase its own knowledge of how Islamists can radicalise not just a small Muslim community, but an entire population. Available evidence shows that without a clear pact made with Islamists, the coup could not have been successfully planned or executed. By refusing to help join Maldivians’ efforts to establish the truth of the events of 7 February and the conspiracies that led up to it, the international community is doing what it does best: ignore a threat until it escalates to the point where there is carnage on the streets and thousands of lives are lost.

The most significant characteristic of the days that have followed 7 February in the Maldives is the deafening silence of the Islamists. They helped incite hatred and anger towards Nasheed when he was the legitimate president; they were the loudest and the most vocal of his critics. In the week that has followed his ousting, they have been ominously silent. And, judging from how they have conducted their operations in the Maldives for the last decade, the silence is not due to pious reflection and quiet contemplation of God’s greatness. It is a silence of anticipation, the calm before the storm. The conspirators who financed the coup have done a deal with them, and they are waiting in silence because they are sure their grand chance is about to come. That is, the chance to impose Sharia rule in the country, the chance to crackdown on the women and turn them into inferior human beings and citizens, the chance to bring the Maldives back to the early days of ‘pure’ Islam and turn it into the newest region of the Islamic Caliphate that bin Laden envisioned.

Unfortunately, we live in a world of realist international politics where until a state’s own ‘national interest’ is threatened or one’s own self-interest is at risk, there is no ‘legitimate’ reason to act. As long as the anti-democratic activities in the Maldives pose no geostrategic threat to the ‘international community’, as long as foreign investment in the Maldives is safe, as long as tourists can keep sipping their cocktails under the palm trees, and as long as Maldivian blood does not spill on the pristine white beaches that the rich and famous lounge about on, paradise is not lost. Until then what prevails will be accepted as what passes as ‘democracy’ these days – government for the rich by the rich.

Azra Naseem holds a doctorate in International Relations.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Comment: Speak now, or forever hold your tongues

The Maldivian government’s reaction to the fallout from the UN Human Rights Commissioner’s address to the Majlis is deeply disappointing. It largely confirms what many increasingly allege: the change President Nasheed and MDP promised was limited to regime change and does not include a genuine commitment to democratic reform.

Navi Pillay called on Maldivians to consider putting a moratorium on the practice of flogging. She did not say Maldivians who believe in Islam should abandon their faith. She pointed out that the Maldivian State is one of the few among followers of Islam that still engages in the practice of flogging, imposed disproportionately on women.

Her fundamental proposition was: why not be as compassionate as your faith allows instead of being as cruel as it gives you room to be? Her suggestion was that we discuss and debate among ourselves to find this path to compassion. The official government response to this was, shockingly, ‘You can’t argue with God.’

The Islamic Ministry’s condemnation of Pillay’s speech, and its criticism of MPs for ‘allowing’ Pillay to address the parliament are hardly unexpected. At the helm of the Ministry is Dr Abdul Majid Bari who, while having no qualms about pocketing money earned from his stake in the alcohol-guzzling pork-eating infidel tourism industry, presents himself as an ultra-pious conservative when it comes to affairs of the Maldivian public.

This deep-rooted hypocrisy is what allows a man who holds a doctorate in the interpretation of the Qur’an to mislead the Maldivian public into thinking that multiple interpretations of Shari’a and hadith are unequivocally un-Islamic and that debate is beyond the Islamic pale.

The view of Dr Bari and other ‘Islamic scholars’ such as Dr Afrashim Ali (the ex-singer who treats the subject of his doctoral exegesis as a state secret) is neither new nor uncommon.

Had they taken the time to put it to the public in a coherent manner it would read: in view of the fact that there are specific offences and sanctions prescribed in the primary sources of Islamic jurisprudence, the Qur’an and Sunna, there is no justification for suspending regulation specifically outlined in these divine sources.

This is the view of most conservative proponents of the Shari’a, and is obviously the one held by Dr Bari and others leading the charge of the flogging brigade. It is, however, by no means the only view on the subject within Islamic thought and jurisprudence.

Rather, there are a great variety of ‘Muslim voices’ offering different views—conservative, liberal and pragmatic—about whether and how the idea of human rights and Islamic normative requirements fit together.

Diverse ‘Muslim voices’ on human rights

Even before the modern era, Islamic law was characterised by a broad jurisprudential diversity based on geographic, ethnic and racial as well as philosophical grounds.

This is evident from the fact that it was 400 years after the death of Prophet Mohammed that ijthihad—reasoned interpretation of the sources of Islamic law—was brought to an end with the increased petrification of the Shari’a by medieval jurists.

Many liberal Muslim reformers thus demand the recovery of ijthihad in order to do justice both to modern needs and to the original spirit of the Shari’a. They emphasise the Shari’a’s original meaning as a ‘path’ or a guide, rather than a detailed legal code.

These liberal Muslim voices do not attempt to deny the binding character of Shari’a. What they ask for is active reasoning, ijthihad, which was originally regarded as an independent source of Islamic law.

Their view, as expressed by Lebanese philosopher Subhi Mahmasani is, ‘The door of ijthihad should be thrown wide open for anyone juristically qualified. The error, all the error, lies in blind imitation and restraint of thought.’

Critical approaches of liberal Muslims such as Mahmasani, Egyptian judge Muhammad Said al-Ashmawy and Abdullahi Ahmed An-Nai’m have often highlighted the humane character of the Qur’anic revelation, which is the most important source of the Shari’a.

Tunisian scholar Mohamed Talbi has argued, for example, that ‘Were it possible for us to ensure a life of justice and equality in a different way [to corporal punishment], this would certainly be a way pointing in the same direction as the Qur’an does.’

Although Shari’a had continued to be the predominant legal system in matters pertaining to family law, from the 19th century onwards, Islamic criminal justice had gradually retreated from public law.

The introduction of Islamic criminal law through legislation is thus a relatively recent phenomenon that emerged in the late 1970s and early 1980s. Libya enacted Islamic criminal laws in 1972-1974, Pakistan did so in 1979, Iran in 1982 and Sudan in 1983 and 1991.

And, despite the enactment of such laws, there has been a strong tendency within most Islamic societies to restrict the applicability of hadd punishments as much as possible.

In Pakistan, for instance, the Federal Shari’a Court resisted the reintroduction of stoning in the early 1980s by repeatedly refusing to apply this form of punishment. Prime Minister Zia ul-Haq replaced some of the judges with his own allies to finally have stoning judicially confirmed as being in accordance with Shar’ia.

What these arguments, incidents and discussions suggest is that reconciliatory mediation between tradition and modernity seems conceivable not only among those who are consciously liberal but also among conservative Muslims, as has been argued by many academics.

In light of the rich Islamic jurisprudence referred to above, it is hard to see what the Islamic Ministry’s statement ‘No Muslim has the right to advocate against flogging for fornication’ is intended to do. Except, of course, to shut the Maldivian public off from any other teachings and characteristics of Islam other than those held by Dr Bari and the Islamists who rule Maldivian thought today.

Yellow: the colour of cowardice?

The deafening silence of any opponents of Dr Bari and other Islamists’ extremist views is inexplicable.

Does this mean that among the Muslim scholars that this country now has in such multitudes, there is not one person who disagrees with the extremists’ position? Does it mean, as the recent Religious Unity Regulations suggest, that Maldives will only consider as legitimate Muslim scholars those who purport a particular fundamentalist view of Islam?

Is there not one member of the Maldivian judiciary, the legal community at large, the legislature, or civil society capable of espousing a different position? Does the Human Rights Commission of the Maldives agree that the UN Human Rights Commissioner is wrong? If not, why not say so? Where are you all hiding? What are you afraid of?

Foreign Minister Ahmed Naseem’s statement that there is ‘nothing to debate’ is ‘singularly counter-productive’. It makes President Nasheed’s same-day appeal for gender equality ring hollow, like many of his other statements that emphasise democracy and human dignity.

We may never know details of the Faustian pact President Nasheed and MDP have made with Dr Bari and other proponents of extreme Islamism. What we do know is that it is costing the Maldivian people their democratic, and religious, right to intellectual debate and growth.

No matter how far above rising sea levels it is capable of lifting us, or how much it can lift our colossal debt burden, it is not worth keeping in power a government that lacks the courage to raise Maldivians above the quagmire of ignorance the Islamists are sinking us into at such a rapid pace.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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