Category: Business & Tourism

With two weeks to go, the international community seems to be waking up to a fact that Maldivians have known right along – under Gayoom there can never be a free and fair election in the Maldives. Under pressure from the international community, Gayoom crooned sweetly about “substantial reform’ and about free and fair elections. The international community pounced on Gayoom’s sweet inanities and encouraged him and subtly (and often not so subtlety) pressurized him into keeping his promises and commitments.

The pressure did work to some extent. The best proof of this perhaps lies in the fact that no pro-democracy reformists – including even those who called for Gayoom’s and brother Hameed’s resignation – have as yet been tortured to death or permanently physically incapacitated. When one considers how cruelly past political prisoners and detainees have been brutalized for far lesser “offences” this is immense progress. Challenging Gayoom’s authority has always been the biggest political offence.

After the initial orgy of torture, beating and sexual abuse, following the August 12 – 13 demonstration, the security personnel (who according to Colonel Moosa Jaleel cracked down on the crowd on Commander-in-Chief Gayoom’s direct order) are now less violent. Agreements with the ICRC, visits by diplomats and the courageous stand taken by the Human Rights Commission of Maldives have meant that – at least for the time being – prisoners and detainees need not live in constant fear of torture, sexual abuse and cruel and inhuman punishment. Strongly articulated concerns of the international community alone with the belief that Gayoom is under scrutiny (and hence cannot operate with total impunity) have given hope and courage to pro-democracy activists – even while they know they face harassment and possible imprisonment. There is new hope that the human rights situation would inevitably change for the better and that the rest of the world would not simply wait and watch while Gayoom bludgeons the people of Maldives into submission.

The international community’s impact on the 31st December parliamentary election is, however, minimal. To start with Gayoom has simply ignored the call to grant the people the right to freedom of association despite his clear, unequivocal assertion “our laws do not bar anybody from forming a political party if they want to”. More ominously Gayoom has intimidated and pressurized at least ten people (who would otherwise have won) from seeking nomination. Most of the reformist leaders who would have spearheaded the reformist election campaign are being systematically intimidated and continue to remain in detention. In the meantime pro-government candidates continue to openly enjoy state patronage and public resources for their election campaign. Minister of Atolls Administration, Hameed has given specific instructions to atoll chiefs that they must ensure victory for pro-government candidates.

Given this reality, it is naïve for the international community to expect Gayoom to relent merely because of declarations or statements – even if they are strongly worded.

Gayoom is now immune to declarations and statements. In fact he uses such statements as “proof” that the international community endorses his despotic rules. To get Gayroom’s attention, words need to be replaced by firm action.

As far as the elections are concerned, the international community needs to come to terms with the reality that, as stated above, most of the rigging has already taken place. Even in the unlikely event that the rest of the election process would be “free and fair” the damage already done would mean that the election would be both unfair and unrepresentative of the wishes of the people. Under the circumstances sending observers just for the Election Day would be not only meaningless, but would give Gayoom the opportunity to legitimize a grossly unfair electoral process.

To ensure a free and fair election the entire process needs to be restructured. According to MDP the minimum requirements for a free and fair election are:

(a) The immediate registration of political parties.
(b) Release of all pro-democracy detainees.
(c) A level playing field free from fear and intimidation whereby reformists and pro-government candidates can compete on an equal footing.
(d) An opportunity for detainees and others, who earlier did not seek nomination out of fear and intimidation, to seek nomination afresh.
(e) About thirty days of campaigning and
(f) A transparent system for monitoring and counting of votes.

Most people would find the above requests reasonable. Gayoom would not. Gayoom fully understands that, without rigging, he would lose his traditional control over the parliament which in turn would lead to loosening of his stranglehold on power. More ominously, (from Gayoom’s point of view) the coming parliament would decide if he would be re-elected as President for the 2008 – 2013 presidential term. By asking Gayoom to hold free and fair elections, the international community, in effect, is asking Gayoom to commit political suicide. Gayoom has yet to prove any suicidal tendencies.

Despite calls for free and fair elections without any influence by the government, the Maldives Parliamentary Election 2004 campaign is marred in corruption and irregularities.

Those candidates with Gayyoom’s blessings, have endless resources beginning with access to state owned media, TV, radio and newspapers, and open coffers of treasury funds. Sadly, it does not stop there. These candidates, including ministers and deputy ministers as well as other officials and close associates of Gayyoom, are getting enormous help from private businesses as well. This will obviously play a role in swinging votes their way in the atolls.

DO has information that anti-Gayyoom candidates are unable to get any funding for their campaigns, and some members can’t pay for travelling costs to visit their constituents, let alone meet the production cost of campaign material. There are many private businesses and wealthy Maldivian who want to help these candidates, but their movements and activities are closely monitored by Gayyoom’s cronies and hence these people are scared to help any anti-Gayyoom candidates.

Many able candidates are being hampered by financial difficulties, while ignorant thieves and corrupt people are visiting each island in chartered speedboats and flights. Being corrupt and rich appears to be the way to secure a majlis seat in the Maldives, regardless of the fact that some of these government candidates can barely read and write in Dhivehi or English. How on earth can we entrust people like them to be the law makers of our country?

The dirtiest games in this campaign are played by Gayyoom’s brothers, Abdullah Hameed and Abdullah Yameen. They have openly bribed people to support government candidates, and are authorising the use of public funds as if it is their own money.

In order to counterbalance this, Maldivian businessmen must make a stand and help the reformist candidates who can bring about necessary reforms. Entrepreneurs must realise that long-term business will flourish with an open, transparent and democratic government. All businessmen know they have to conduct their present operations through bribery, deception and other illegal practices.

We call on Maldivians to act responsibly and help reformist candidates in any way they can. It is not against the law to support and help a candidate for the majlis, and if we submit to the illegal demands of this outdated regime, Maldives is destined to remain corrupt and our people oppressed, for years to come.

www.dhivehiobserver.com

The Maldivian Democratic Party (MDP) welcomes the Declaration by the Heads of Mission of the European Union accredited to the Maldives on Monday 13th December, calling on the Maldivian government to ensure that the forthcoming Majlis elections are free and fair.

Contradictory to his oft repeated promises to the international community of “substantial reforms”, President Gayoom continues to flagrantly deny the people of the Maldives their fundamental political rights. Gayoom continues to deny the MDP its constitutional right to freedom of association while simultaneously keeping MDP activists and reformists in detention, preventing them from taking an active role in the elections.

Through a process of incarceration and systematic physical and mental torture, Gayoom has intimidated at least 9 members of the constituent assembly from seeking election. This includes two of his former cabinet members, I H Zaki and Dr Munawwar.

Gayoom’s regime continues to violate electoral laws including the intimidation of Atoll Chiefs, Island Chiefs and government servants in the Atolls to ensure the ‘success’ of pro-government candidates. Public funds and resources are openly used to fund government candidates whilst pro-democracy candidates and their supporters are intimidated and labelled as ‘traitors’ and ‘terrorists’.

Just hours after the EU Declaration on Monday, three pro-democracy campaigners, Eva Abdulla (cousin of MDP Councillor Mohamed Nasheed), Jennifer Latheef (daughter of MDP Spokesperson Mohamed Latheef) and Elena Abbas (daughter of MDP Councillor Ahmed Abbas), have been summoned for questioning by Gayoom’s security services.

The MDP calls on the international community to take effective, practical steps to ensure that the political rights of the Maldivian people, including the right to free and fair elections, are upheld by President Gayoom.

Around the World we are celebrating Human Rights Day. On the 10th December 1948, the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights that was written in 1789, and therefore celebrating more than 200 years of History. In its preamble the United Nations stated:

“Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction” [http://www.un.org/Overview/rights.html]

However, in the Maldives, people are still struggling to gain the basic human rights expressed in the form of 30 articles.

For instance, article 5 states “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”. In September 2003, the government proved their disregard of the law with the assassination of Evan Naseem and that ongoing tortures and abuses are perpetrated in prisons.

Furthermore, the members of the Maldivian government persistently breech article 9 (“No one shall be subjected to arbitrary arrest, detention or exile”) by keeping unfairly imprisoned any subject that voices their disagreement with the regime imposed by president Gayoom. Consequently, they can ensure that the up-coming parliamentary elections will not be free and fair with the intimidation of any potential opponent candidate.

The further one reads the Declaration of Human Rights, the more one will come to realise that every article is being constantly breeched by Gayoom and his government.

After the Evan Naseem tragedy, the international community began watching more closely the activities of the Maldivian government. In response, president Gayoom set up a Human Rights Commission and announced to the public: “the Human Rights law will be passed by the Majlis, and the law will be based on Paris principles”. One year later the commissioner, Mr. Ahmed Mujuthaba, has written in his report that nothing has changed and the government is still carrying the same unlawful practices. He stated very fairly that in the Maldives it is “ Rulers Law rather than the Rule of Law ”.

President Gayoom has now postponed the inauguration of the commissioner’s annual report that was supposed to take place today on the anniversary date, to January 2005 and consequently slowing down the process of reforms, and continuing to suppress the Human Rights Commission itself, which is still under presidential decree, and therefore subject to being withdrawn by Gayoom at anytime.

Unfortunately today, Maldivians will not celebrate the anniversary of the proclamation of the Universal Human Rights Declaration.

Friends of Maldives will work to ensure that the Maldives will be able to join the rest of the World in celebrating Human Rights Day in the future.

Abbas Ibrahim, speaker of the Special Majlis and brother-in-law of President Gayoom, has concluded what can only be described as an ‘unsuccessful’ campaign trip to Gaaf Dhaal, where he is a candidate in the upcoming Majlis elections.

Abbas left Male’ earlier this week courtesy of a government speed boat (using government property to further a candidate’s election campaign is outlawed in Maldivian election regulations). Upon arrival a small reception party was assembled, which included the Atoll Chief, the Assistant Atoll Chief and all of the Island Chiefs (election regulations state that Atoll Chiefs are not allowed to meet with candidates during the election campaign).

Despite enjoying the favour of the government, Abbas’ reception amongst the electorate appears to have been less agreeable. In his first meeting, Abbas was heckled by a member of the crowd, who reportedly stood up and shouted “we will not vote for you, we will not gain anything from you!” Abbas, fuming with anger, demanded that the assembled crowd remove the man from the meeting. The crowd did not budge, and the man continued his tirade, “even if you throw us out of here or pay us, we will not vote for you in this election” sources from Gaaf Dhaal reported.

Abbas left the island and continued on his campaign tour, which took him next to Madaveli Island. His reception there, however, was no warmer. Angry residents reportedly told him to “close your campaign office, do not campaign here again.” Abbas reportedly lost his temper for a second time.

To conclude his lightning tour of the Atoll, Abbas then went onto Thinadhoo Island. Noticing, though, that the island was covered with the campaign material for candidate Hafeeza Afeef, a known reformist, Abbas reportedly decided to call it a day, and sailed back to Male’ in his government speed boat.

Abbas Ibrahim courted controversy last month when reports from Gaaf Dhaal indicated that his campaign team had been portraying him as ‘a friend’ of MDP Spokesperson Mohamed Latheef.

The rumours forced Mr Latheef to ‘clarify his position’. Speaking to Minivan News – in an interview also carried on Minivan Radio last week – Mr Latheef said: “given his known reactionary views on social and political reform, Abbas is the least suitable person in the entire country for this important post [of Special Majlis Speaker].”

Thousands of anti-government protesters have taken to the streets in the Eastern European country of the Ukraine, protesting over what they describe as a rigged Presidential election by the present government.

The protests – which have been ongoing for over a week but have gone largely unreported in the Maldivian state press – look set to bring the current government, which is charged with corruption, to its knees.

Top-level international mediators have arrived in the capital, Kiev, to seek a peaceful solution to the crisis. These include representatives from the European Union and Russia.

The opposition – seen by many to represent the democratic future of the Ukraine – have accused the incumbent president of engineering an electoral fraud and opposition leader Mr Yushchenko said that, as a result, the country was now “on the brink of civil conflict”.

As the crowds of protesters have swelled, there have been rumours – officially denied – that the Ukrainian army was sending tanks to the capital city, possibly to crush the protesters who have blocked key roads and public buildings and have called a national strike.

Mr Yushchenko is hoping for a ‘bloodless revolution’ of the sort that transformed many other Eastern European countries from dictatorships to democracies through massive street protests in the 1980s and 1990s.

The similarities between the current situation in the Ukraine and the present situation in the Maldives could not be more apparent.

The opposition Maldivian Democratic Party has already stated that there have been serious flaws in the nomination process for the upcoming Majlis (parliament) elections which mean the election cannot be free and fair.

Today, opposition candidate Mr Shuaib Ali reported serious flaws in the construction of the ballot boxes which could allow vote tampering.

The situation in the Ukraine is yet another example of the power mass public protest can have against dictatorial governments.

The pertinent question for the Maldives is whether in the upcoming election people will go onto the streets and protest like the people of the Ukraine have so visibly done this past week.

LOOKING THROUGH the window of my plane from Colombo to Male a few years ago, I was enthralled by the breath-taking panorama of tropical green, and the splendour and beauty of the coral islands. The airhostess called my attention to the Immigration and Customs forms to be filled in. Perusing the forms, I came face to face with the Islamic character of the Maldives. Visitors are not allowed to bring in idols or statues of any kind, so also alcohol. The Customs officials meticulously searched my baggage. I was a little anxious that my books of prayer would be confiscated; they escaped the attention of the authorities.

Accompanied by Dr. Raghupathy, former lecturer in the Department of History, Jaffna University, I went around the national museum in Male. An old villa in the former Sultan’s palace has been converted into a museum. A second cultural shock awaited me. Unlike the national museum in New Delhi, which gives the visitor glimpses of the rich cultural heritage and composite culture of India, the museum in Male is testimony to a highly conservative society that upholds rigid Islamic ideals. The main exhibits highlight the history of the Maldives since it was Islamised in the 12th century. Objects relating to the pre-Islamic period are in a state of “benign neglect.” Most of them are kept in a closed room; a lone Buddha figure stands outside the entrance, exposed to the ravages of sun and rain.

As the President and supreme upholder of the Islamic faith, Maumoon Abdul Gayoom, who has been the Head of State since 1978, is committed to the promotion of Islam in all possible ways. Perhaps he considers such a policy to be essential for his political survival. At the same time, the realities of the Maldives, the need for modernisation, and the geographical proximity to India and Sri Lanka, dictate that the Government, in the long run, encourage a less exclusivist approach. The National Council of Islam is extremely conservative; Maldivian law is based entirely on the Koran.

When Thor Henerdhal, the well-known anthropologist, showed archaeological exhibits such as sun symbols to President Gayoom, evidence that the Maldives had an ancient civilisation comparable to Egypt, Mesopotamia and the Indus Valley, “his face lit up like a boy enraptured by Father Christmas’ gifts. He finally rose to his feet and said with pride: `We are a young Republic, yes. Now we have proof that we too have an old history, just like our neighbours in the sub-continent.'”

But Islamic scholars did not share Mr. Gayoom’s pride. When Henerdhal sought permission for further excavation, many scholars were of the opinion that the “hawittas [mounds of earth suspected to hold the ruins of Buddhist temples] had been left in peace for hundreds of years, so why take risks, why not let this continue.” Finally after great difficulty, the Islamic Council accorded permission to Henerdhal to carry out excavations on a few islands. But the startling discoveries that he made about the pre-Islamic past of the Maldives are not fully reflected in the history textbooks prescribed in schools.

Unfortunately, very little is known about the Republic of Maldives. Though an integral part of South Asia and a member of the South Asian Association for Regional Cooperation (SAARC) since the beginning, the Maldives has not attracted the attention it deserves from Indian social scientists, mediapersons and strategic specialists. Minicoy in Lakshadweep is separated from the Maldives by the Eight Degree Channel, which is 114 km across. From Kanyakumari, the Maldives is only 640 km to the southwest. The Maldives, which comprises 1,192 islets, spread across 20 atolls, has a population of just 2,85,000. Its small size, limited resources, environmental hazards and vulnerability in terms of security have dictated its developmental patterns since independence.

On the eve of independence in 1965, the Maldives was one of the poorest countries in the world. However, the last few decades have witnessed a remarkable transformation. Tourism has made tremendous strides and fisheries contribute a lot to the national exchequer. According to the Human Development Index included in the Human Development Report, 2003, the Maldives is on the top as far as South Asia is concerned. Its Human Development Index (HDI) is 86, compared to Sri Lanka’s 99, India’s 127, Bhutan’s 136, Bangladesh’s 139, Nepal’s 143 and Pakistan’s 146. Assistance from U.N. Agencies and from friendly countries like India, in addition to the skills of the expatriate workers, has contributed to this unprecedented growth.

Post-independence politics in the Maldives was dominated by two individuals who present a sharp contrast in political style and in their impact on the progress of the fledgling state. The first was Ibrahim Nasir, President from 1968 to 1978, and the second Maumoon Abdul Gayoom, who became President in 1978. Nasir was an autocrat, he rode roughshod over the Opposition, and declared a state of emergency in 1975 to ensure his political survival. In 1980, President Gayoom appointed a commission to inquire into various charges against his predecessor. Nasir and his family fled from the Maldives and settled in Singapore.

When Mr. Gayoom became President, he enjoyed popular support and international goodwill. He was considered to be a modernist Muslim. Educated in Al Azhar University, Cairo, where he took his Bachelor’s and Master’s Degrees in Islamic Studies, Mr. Gayoom was sensitive to the revivalist and modernist trends in the Islamic world. He identified himself with the aspirations of the Third World countries by joining the Non-Aligned Movement and SAARC, by supporting the demand for declaring the Indian Ocean a Zone of Peace and highlighting the security dilemma of small island-states. The abortive coup against Mr. Gayoom in November 1988 and the spontaneous support extended by India to stabilise his regime brought the Maldives into the international limelight. And as mentioned earlier, the period also witnessed rapid economic changes.

In a world of shrinking geographical boundaries and widening intellectual horizons, the Maldives remains an anachronism. All the essentials of a dynamic democracy — multi-party system, free and fair elections, independence of the judiciary, freedom of the press, active trade unions and student unions — are absent. Concentration of power in a strong executive is the hallmark of the political system. Mr. Gayoom holds out the promise that the political system will be democratised.

In June 2004, Mr. Gayoom announced an agenda for reform, which included the creation of the post of Prime Minister, the division of powers between the President and the Prime Minister, and the ushering in of a new Constitution.

But the people of the Maldives are extremely sceptical about reforms. As a result, even those who were once loyal to him have turned against him. The most well known among them is Ibrahim Hussain Zaki, former Secretary-General of SAARC. Other leaders include Gasim Ibrahim, Muhammad Munawwar, Ilyas Hussain, Ibrahim Ismail and Hussain Rasheed, all members of the Special Majlis. The imposition of emergency, continuing demonstrations against dictatorship, allegations of torture against political prisoners — all these indicate that the Maldives is entering an era of political turbulence.

Just as no man is an island, no archipelago can insulate itself from the winds of change sweeping across Asia. The logic of history and the justness of the cause will definitely bring about a change in favour of democracy. India, which has excellent relations with Maldives, cannot remain indifferent to the democratic aspirations of the people of that country. New Delhi should initiate steps to bring about political reconciliation, giving due consideration to the democratic urges of the people.

It is amazing the political leadership in New Delhi is keeping quiet when flagrant violations are taking place in the Maldives. The Doctor in Albert Camus’s book, The Plague, has the following advice: “All I maintain is that on this earth there are pestilences and there are victims, and it is up to us, so far as possible, not to join forces with pestilences.”

(The writer is Professor of Maritime Studies, Calicut University, Kerala.)

Reports from Male’ have confirmed that the police have imprisoned two respected parliamentarians Mr.Mohamed Shihab and Mr.Hassan Afeef. The Maldivian Democratic Party strongly condemns their imprisonment without charge, their being held incommunicado and without access to legal assistance.

The MDP sees this police action as an attempt by the Government to intimidate opposition MPs, in blatant disregard to national and international concerns over irregular and illegal means and attempts by the Government to interfere and influence the outcome of forthcoming general elections.

The MDP therefore makes this urgent appeal to the concerned international community to make representations on behalf of Mr Shihab and Mr.Afeef.

In particular, the MDP requests all stakeholders in the future stability of the Maldives to pressure the Maldivian government to: ensure the election process is free and fair and in accordance with international standards – specifically, the Maldivian government must desist from harassing MDP candidates and must allow the registration of the MDP; that all who wish to stand for election are allowed to stand and campaign freely; that the electorate and the media are allowed to engage in open debate; and that state resources are not used to favor some candidates more than others.

Background information

Both Mr. Mohamed Shihab MP and Mr. Hassan Afeef MP are key leaders in the reform movement. Over many years they have vehemently argued for a pluralistic democracy in the Maldives and have worked hard to ensure parliamentary proceedings are lawful. On two occasions in the last few months they have walked out of the house in protest at the Speaker’s attempt to unfairly manipulate proceedings.

Mr. Shihab and Mr. Afeef, both have submitted their papers to contest for the forthcoming election. Mr. Afeef will be defending his traditional homeland seat of Kolumadulu Atoll, which he has held for the last 15 years. Mr. Shihab is one of the longest serving MPs. His traditional seat is South Nelandi Atoll, but further to the decisions of MDP Mr. Shihab will be contesting for a seat from Male’. Male’ is one of the strongest fortresses of the party.

These elections will be of crucial importance to the future of democratic change in the Maldives. The People’s Majlis being elected will nominate a single candidate for the 2008 Presidential election. The parliamentary nomination, which for the last 26 years has always been President Gayoom, will be put to a ‘yes-no’ referendum of the people. If the nominated candidate wins the referendum, he (women are barred from Presidential elections) will hold office until 2012. In the past, the referendum has been a foregone conclusion as President Gayoom always wins with over 98% of the vote.

The forthcoming elections for the People’s Majlis are also important with regards to constitutional reform. A further parliament has been established to make changes to the constitution. Called the People’s Special Majlis, this body is comprised of the fifty members of the People’s Majlis, the President’s cabinet and another 42 elected seats and a further 8 Presidential appointees.

Even with the inherent biases towards the President in the current system, the performance of the Maldivian Democratic Party (MDP) since its establishment in late 2003, poses a serious threat to the incumbent government. In the elections for the 42 elected seats of the People’s Special Majlis, held in May 2004, pro-reform candidates (candidates are banned from running under the MDP banner) won 30 out of the 42 seats, some 70%.

If the MDP wins a similar share in the upcoming People’s Majlis election, the government would lose control over the nominations for the next President and the direction of the reform process. Thus, faced with such formidable opposition in the run-up to this election, the government continues to subvert the rule of law in an attempt to hold on to power.

In contravention of Article 27 of the constitution of the Maldives, the government refuses to grant registration for the Maldivian Democratic Party, while the government itself is acting along the lines of a well-formed single party. The government fields their own candidates acting as a party as defined by Article 27 of the constitution.

In the recent months, the government has intimidated the public by banning public gatherings, conducting sweeping mass arrests, torturing those arrested, declaring a state of emergency and nighttime curfew. The government continues to hold pro-reform MPs in detention with threats of charges with long jail sentences. The government has charged two pro-reform MPs under Article 46 of the archaic Penal Code of the Maldives.

The government is also threatening to charge other pro-reform activists and candidates for the forthcoming election and is presently intimidation and harassing the existing leadership of the reform movement in the Parliament.

The arrest of the opposition MPs and activists continues at a crucial stage of the reform programme. The MDP fielded a winning candidate for Speaker of the Special Majlis in August 2004. The reform movement has also mustered widespread grass-roots support, garnering unprecedented rallying strength, as shown by the peaceful gatherings of July and August 2004.

The MDP feels that decisions and deliberations on reform should be made with the full participation of all parties who would be affected by such reforms. The continued detention of opposition MPs and candidates and the harassment and intimidation of candidates is therefore seen as grossly unfair and as such the MDP believes that the civil rights of thousands of its supporters are being denied.

Mr. Mohamed Shihab MP and Mr. Hassan Afeef MP are key members of the reformist Maldivian Democratic Party (MDP) and are heavily favoured to win their seats in the general election scheduled for 31 December 2004.

Today, 25 November 2004, Mr Shihab and Mr Afeef have been summoned to the Police Headquarters in Male. Further reports say that after this, they were taken to Dhoonidhoo Jial. This is typically of how people are detained when the police wish to avoid creating a public scene.

The MDP sees this police action as an attempt by the Government to intimidate opposition MPs, in blatant disregard to national and international concerns over irregular and illegal means attempts by the Government to interfere and influence the outcome of the elections.

The MDP therefore makes this urgent appeal to the concerned international community to make representations on behalf of Mr Shihab and Afeef.

In particular, the MDP requests all stakeholders in the future stability of the Maldives to pressure the Maldivian government to: ensure the election process is free and fair and in accordance with international standards – specifically, the Maldivian government must desist from harassing MDP candidates and must allow the registration of the MDP; that all who wish to stand for election are allowed to stand and campaign freely; that the electorate and the media are allowed to engage in open debate; and that state resources are not used to favour some candidates more than others.

Background information

Both Mr. Mohamed Shihab MP and Mr. Hassan Afeef MP are key leaders in the reform movement. Over many years they have vehemently argued for a pluralistic democracy in the Maldives and have worked hard to ensure parliamentary proceedings are lawful. On two occasions in the last few months they have walked out of the house in protest at the Speaker’s attempt to unfairly manipulate proceedings.

Mr. Shihab and Mr. Afeef, both have submitted their papers to contest for the forthcoming election. Mr. Afeef will be defending his traditional homeland seat of Kolumadulu Atoll, which he has held for the last 15 years. Mr. Shihab is one of the longest serving MPs. His traditional seat is South Nelandi Atoll, but further to the decisions of MDP Mr. Shihab will be contesting for a seat from Male’. Male’ is one of the strongest fortress of the party.

These elections will be of crucial importance to the future of democratic change in the Maldives. Not least, this is because the People’s Majlis will nominate a single candidate for the 2008 Presidential election. The parliamentary nomination, which for the last 26 years has always been President Gayoom, will be put to a ‘yes-no’ referendum of the people. If the nominated candidate wins the referendum, they will hold office until 2012. In the past, the referendum has been a foregone conclusion as President Gayoom always wins with over 98% of the vote.

The forthcoming elections for the People’s Majlis are also important with regards to constitutional reform. A further parliament has been established to make changes to the constitution. Called the People’s Special Majlis, this body is comprised of the fifty members of the People’s Majlis, the President’s cabinet and another 42 elected seats and a further 8 Presidential appointees.

Even with the inherent biases towards the President in the current system, the performance of the Maldivian Democratic Party (MDP) since its establishment in late 2003, poses a serious threat to the incumbent government. In the elections for the 42 elected seats of the People’s Special Majlis, held in May 2004, pro-reform candidates (candidates are banned from running under the MDP banner) won 30 out of the 42 seats, some 70%.

If the MDP wins a similar share in the upcoming People’s Majlis election, the government would lose control over the nominations for the next President and the direction of the reform process. Thus, faced with such formidable opposition in the run-up to this election, the government continues to subvert the rule of law in an attempt to hold on to power.

In contravention of Article 27 of the constitution of the Maldives, the government refuses to grant registration for the Maldivian Democratic Party, while the government itself is acting along the lines of a well-formed single party. The government fields their own candidates acting as a party as defined by Article 27 of the constitution.

In the recent months, the government has intimidated the public by banning public gatherings, conducting sweeping mass arrests, torturing those arrested, declaring a state of emergency and nighttime curfew. The government continues to hold pro-reform MPs in detention with threats of charges with long jail sentences. The government has charged two pro-reform MPs under Article 46 of the archaic Penal Code of the Maldives.

The government is also threatening to charge other pro-reform activists and candidates for the forthcoming election and is presently intimidation and harassing the existing leadership of the reform movement in the Parliament.

The arrest of the opposition MPs and activists continues at a crucial stage of the reform programme. The MDP fielded a winning candidate for Speaker of the Special Majlis in August 2004. The reform movement has also mustered widespread grass-roots support, garnering unprecedented rallying strength, as shown by the peaceful gatherings of July and August 2004.

The MDP feels that decisions and deliberations on reform should be made with the full participation of all parties who would be affected by such reforms. The continued detention of opposition MPs and candidates and the harassment and intimidation of candidates is therefore seen as grossly unfair and as such the MDP believes that the civil rights of thousands of its supporters are being denied.