Category: Features & Comment

Comment: Imprisoning of former president casts doubt on judiciary

This article first appeared in The Times on March 19. 

The Maldives’ tourist board continues to beam its slogan “the sunny side of life” through calls to boycott the islands over the recent 13 years’ imprisonment of former President Mohamed Nasheed, the first democratically elected President. Richard Branson tweeted that this latest action by those in power had gone “beyond a joke”. A joke legal system is not funny.

Educated in the UK, Mr. Nasheed’s stated and largely executed aims are introducing and enforcing fundamental rights in compliance with international law. He was attempting to drive the Maldives into a democratic structure after the 30-year dictatorship of Maumoon Abdul Gayoom. The current Constitution was enacted on 7 August 2008, the State’s first ever multi-party presidential elections with international pre-requisite rights took place between October 2008 and 9th May 2009.

On 5th February 2011 the Maldives held its first ever multi-party local elections as required under the Constitution and newly enacted Decentralization Act. In 2009 former President Nasheed addressed issues of press freedom so as to raise the Maldives out of a ranking of 129 out of 169 countries to 51/52. He became a global leader against climate change and his charisma on the world stage led to David Cameron, in an interview in November 2011, describing him as “my new best friend”.

The former President also made unpopular attempts at judicial reform including entrenching judicial independence in the Constitution. Many Judges in the Maldives are poorly educated with no legal training, including those who ultimately tried and convicted the former President. In a preliminary statement, following hearings in 2012, the UN Human Rights Committee stated that it is “deeply concerned about the state of the judiciary in the Maldives” and “the state has admitted that this body’s independence is seriously compromised.

Mohamed Nasheed lost power on 7 February 2012 in an alleged coup. In April 2013, the former President was charged with abusing his powers through the unlawful arrest and island detention of Chief Judge Mohamed Abdulla on 17 January 2012. This charge was withdrawn on 16th February 2015 but then in a surprise move, re-emerged on 22nd February 2015, based on the same allegation, as a terrorism charge.

The Former President was taken from his home on that date and detained in Dhoonidho prison, an institution with inglorious association with torture.

The accusation of the detention of a Judge is a serious matter but the underlying narrative cannot be ignored. In early 2012, the former President was fighting to hold power and stability. The Maldives was aflame with language of incitement against the former President and his reforms. There were even calls to arrest and flog the former UN High Commissioner for Human Rights, Navi Pillay after she had suggested in Parliament that punishment by flogging should be reviewed (in line with the International Covenant of Civil and Political Rights). The Maldives Parliamentary Select Committee subsequently found the President to have been under life or death pressures. During the UN Human Rights Committee’s session in 2012 a panel member noted the “troubling role of the judiciary at the centre” of the disputed free transfer of power on February 7th 2012.

Whilst an action of unlawful detention against a Judge cannot be ignored, context and public interest also should not be ignored when exercising the discretion to prosecute. Alternatives such as an Independent Public Inquiry could have been considered.

The former President’s trial proceeded over 19 days, often late at night. Two of the Judges also were witnesses in the case. They refused to recuse themselves. The defence was refused the right to call witnesses in its own defence. Judge Didi referred to the former President needing to prove his innocence rather than there being a presumption of innocence. On the 9th March 2015 the defence lawyers withdrew from the case after repeatedly having been refused time to prepare.

On the 13th March 2015 the Former President stood alone as he was convicted and sentenced to the near maximum term of imprisonment.

But whilst the circus court is dismantled after its recent performance, it is democracy opponents that are cheering the loudest.

Kirsty Brimelow QC is a barrister with London’s Doughty Street Chambers. She has represented the Chief Justice of Trinidad and Tobago and the Chief Justice of Gibraltar, and currently is acting for the former President of the Maldives Mohamed Nasheed. 

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: Get up, stand up

This article first appeared on DhivehiSitee.com. Republished with permission

It is an extremely tense day in the Maldives as tens of thousands of people wait on tenterhooks for what seems to be the inevitable: the imprisonment of opposition leader, former president and icon of democracy, Mohamed Nasheed.

The outcome of the ‘trial’ which Nasheed has been subjected to is certain, the verdict written long before he was charged with ‘terrorism’ and remanded in custody on the island of Dhoonidhoo on 22 February.

Everything that followed since that Sunday, over two weeks ago now, has been a sham and a travesty against justice. The barbarity was put on full display to the world, when Nasheed was brought to ‘court’ for the first hearing. Policemen, belonging to the notorious Special Operations, pushed and shoved Nasheed to the ground.

Pictures and videos of the event shocked the country, and the world.

The current rulers, led by Yameen Abdul Gayoom, shrugged off the outcry with nonchalance. Locally, the police claimed Nasheed had pulled a stunt, fallen to the ground voluntarily like a footballer faking an injury looking for to be rewarded with a penalty. It did not matter that video and pictorial evidence told a different story.

Internationally, foreign minister Dunya Maumoon was recalcitrant, insisting that Nasheed’s trial is a ‘domestic issue’ that no foreigners have a say in. The government remained impervious to all outside criticism. Even the cancellation of a planned trip by India’s Prime Minister Narendra Modi, a diplomatic slap of substantial magnitude, did not make any impact on its determination to pursue with their chosen path of leading Nasheed to jail. In fact, as time passed, the government grew more belligerent.

Yameen Abdul Gayoom said on March 9 that people in distant foreign lands should butt out of Maldivian affairs. Brushed aside were the many international treaties which the Maldives is signatory to, which gives the international community the right to particular actions during certain circumstances — such as in times of the destruction of rule of law.

‘Trial’

And what a destruction it has been. Every hearing in the court, itself unconstitutional, has dealt a deathblow to the concept of rule of law. The Prosecutor General’s appointment now appears to have been engineered for the very purpose of this prosecution, as are the panel of three ‘judges’. None of them have adequate legal qualifications, and all of them are in each other’s pockets. All of them have close ties to the man at the centre of these ‘terrorism’ charges—Ablow Ghaazee, himself accused of misconduct and corruption—who Nasheed allegedly ‘kidnapped’.

The three man bench has obstructed justice at every opportunity, refusing to give Nasheed’s lawyers enough time to study evidence; giving them evidence on CDs that do not open or have been damaged; refusing Nasheed the opportunity to appoint new lawyers when the current ones objected to their unlawful treatment; and incredibly, refusing to allow Nasheed to present witnesses with the judgement that no witness can disprove the prosecution case.

Every hearing has been held after sundown, and Nasheed brought to court in darkened vehicles under heavy police escort. The lengths to which prosecutors have gone to separate Nasheed and his supporters, and to prevent media from taking pictures of him, have been ludicrous at times.

On 8 March, about an hour before Nasheed was brought to court, the powers that be spread a blue banner across the entrance to the building, placed strategically to cover the camera angle from which Raajje TV usually shoots Nasheed’s court arrival. The banner read ‘Welcome, International Women’s Day.’ A blatant mockery not of justice alone, but also of women.

There has been much anguish among Nasheed’s supporters. On February 27 tens of thousand came out to protest against the court’s decision to remand Nasheed in custody throughout the trial. It was the biggest political gathering the capital island of Male’ had ever seen. People flooded the main street of Majeedhee Magu almost covering it from end to end.

Since then there have been protests every night and every day in various different locations across the country. But the government is refusing to listen to them no matter how many there are; it seeks to shut them down instead.

Every protest is manned by hundreds of Special Operations police, sometimes with reinforcements from the army. Almost every other protest ends in brutality and/or arrests. Scores have been arrested, taken to prison, then released with the unconstitutional condition that they don’t protest for periods of time as set by the court-–sometimes days, sometimes months.

Leaders of the MDP are handpicked for the arrests, making sure that less and less of them will be able to join protests against Nasheed’s arrest. One person—MP Fayyaz Ismail—refused to sign the court’s unlawful protest ban. He was given an extra 15 days in custody. There is no legal basis for such an order.

An increasing number of locations are being declared ‘no-protest zones’ for various reasons: for residents’ peace; for local business interests; for law and order, etc. etc. Freedom of assembly is being rolled back swiftly, and without hesitation. Other associated freedoms are under similar attack. Journalists are being barred from covering the trial without legal reason. Reporters are being banned from videoing places they are legally allowed to. Police are forcing them to delete footage already recorded without legal authority to do so. The state broadcaster is continuing to ignore the biggest ‘trial’ in the country’s recent history, completely ignoring its duty to keep citizens informed.

Thumbs down

Meanwhile, Yameen and members of his ruling cabal are relishing the distress and helplessness of supporters of democracy and Nasheed. Decorum and statesmanship are nowhere to be seen. When MDP MPs protested against Yameen’s inaugural speech in parliament, he gave into his indignation, getting up and waving his thumbs up and down, then up again, like a crazed Caligula in Roman times.

Yameen’s trusted sidekick, Tourism Minister Ahmed Adeeb, who has shrugged off corruption charges amounting to millions of US dollars and engineered the unconstitutional removal of the auditor general who dared bring up the charges, led a motorbike procession on the streets of Malé this weekend, calling to expedite Nasheed’s conviction.

Among the rats led by this pied piper on a bike with a Rolex watch on his wrist and a sapphire ring on his finger, was the current defence minister, ex-military General Moosa Jaleel. Jaleel in his eagerness to belong to Yameen’s cabal, and thus enjoy automatic immunity, forgot that he is himself on trial for the same charges he was calling Nasheed to be convicted for.

To further increase the public disgust level [or degree of impressiveness, if the onlooker is a supporter of Bro Adeeb], Adeeb has led a ‘movement’ that mimics Yameen’s thumbs-down gestures as if it is something to be celebrated and not shamed by. He has posed with his thumbs down with cabinet ministers and parliament members—as well as with his usual string of young, disaffected men on the fringes, and in the heart of, Maldives’ violent gang culture. Everyone in the Motorcade of The Shamelessness wore t-shirts emblazoned with a thumbs-down signal.

This hatred of Nasheed as a person cultivated with relish by Yameen and Adeeb has been embraced by thousands of their supporters. It has blinded them to the fact that what is being destroyed in this sham is not just Nasheed’s personal freedoms but also every single Maldivian’s many civil and political rights and their right to equal justice for all.

The fundamental problem with the Maldives’ transition to democracy was that it was unable, and oftentimes unwilling, to reform the judiciary. Few had the foresight to see where the democratic transition would end without an independent judiciary based on the principles of rule of law. Now, even on hindsight – with the results on full display – many are still too blinded by personal vendettas, grudges and hate to see that this ‘trial’ of Nasheed is the last nail in the coffin for a democratic future for the Maldives.

Years of anti-Nasheed propaganda have closed people’s eyes to the fact that whatever wrong he may have done, if they want themselves to be treated fairly and equally and live in a just society, they must protest against the injustice he is being subjected to.

Today it is the moral obligation for every Maldivian to stand up against injustice. The subject of concern is not a particular individual, be it Nasheed, Nazim, the common man jailed for six years for stealing a jar of fish-paste; or the murderer who is allowed to walk free because he is in the inner cabal. It is justice itself.

Last time the people should have stood up en masse for justice and did not, the Maldives was robbed of a free and fair election. The result is in office, orchestrating injustice, via the courts that engineered his election. This time if the people fail to stand up, it will shut all doors to another election in the foreseeable future; along with the doors to equal justice for all, quite likely for generations to come.

Dr Azra Naseem has a PhD 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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President Yameen will not resign and go home, says PPM MP Nihan

MP for Vilimalé constituency, Ahmed Nihan, is the leader of ruling Progressive Party of the Maldives’ parliamentary group. Minivan News interviewed Nihan ahead of mass anti-government demonstrations planned by the Jumhooree Party and Maldivian Democratic Party (MDP).

Zaheena Rasheed: Former President Mohamed Nasheed has a lot of supporters. He has now allied with the Jumhooree Party and they are planning a mass demonstration for today. Do you consider this a threat?

Ahmed Nihan: No. You see, there are about 50 MPs in our parliamentary group, a lot of their constituents are here. The past two days, we’ve been working on finding out how many people will attend the protests. So based on that, we do not foresee any such danger. I do not believe the state should obstruct the right to free speech.  If citizens are dissatisfied with this government, they must be able to say so. But that right must not be abused to violate others’ rights, such as closing down streets, blocking lagoons, they cannot do this. But this is a cautious situation, we must be alert, to acts of terrorism, I’m saying this because this has happened before. And I note, there are some young men who’ve been convicted on terrorism, for example I have one mother whose son was sentenced after vandalizing the Villa TV Station on March 19. What answer do I have for her? There are many on my island, Gaaf Dhaal Thinadhoo, who have terrorism charges pending against them, at least 112, following the torching of government buildings on February 8. I am sure they are not criminals, they became sucked into politics. And tomorrow, how many will be tricked into this again? We will not support vandalism and arson.

Opposition parties say President Yameen’s government is lurching towards authoritarianism. Can you tell me what you believe are PPM’s democratic successes and what you plan to do to protect democracy in the future?

Many Maldivians believe the biggest challenge the country faces is the enforcement of the rule of law. Some are able to walk free, there are many cases where young men wielding swords, machetes and weapons are shedding blood. The whole country used to be in shock when they heard of a murders, but since 2007, we’ve seen over 30 murders. Everyone believes upholding the rule of law is essential in putting an end to this. In the past year, President Yameen, has taken an important step forward for a resolution. For example, the amendment to the Possession of Dangerous Weapons Act, charges will be pressed within ten days and it will be prosecuted within 30 days. This will prevent the intimidation of witnesses, and the accused changing their confession statements. We also have a draft of the Criminal Procedure Act; with this it shows President Yameen is working to turn this country. This is not an easy task for any leader, especially with a large youth bulge.

How does this relate to democratization?

What I’m trying to say is, politics rolls from the courage and determination of politicians, not just from what is written in the law. It must be implemented. To show he has the courage to implement the law, President Abdulla Yameen has said he will enforce the death penalty, once it has passed through all necessary appeals. Delivering justice is our biggest aim. We are in a state of fear, we are seeing such gruesome scenes, who would want to see this?

When there is a link between political stability and public safety, does the government have any plans to initiate talks?

The President met with us on Wednesday, and he said he is always ready for dialogue, but on reasonable grounds. If you look at the real issue behind the current crisis, all these trials are not yet completed. The opposition’s role is to criticize the governing party, MDP is good, and MDP must criticize the government. But the JP’s motives are unclear.

They are not coming out for the people. Gasim Ibrahim is working in his own interest. He left Mohamed Nasheed in 2008, after only 21 days in government, because he did not get what he wanted. It’s the same with us. Even if Mohamed Nasheed comes to power next, if he doesn’t oblige with Gasim’s demands, he will do the same. They were behind the 22 days of protests prior to Nasheed’s resignation. These are the same people who cried and hugged each other when he resigned. And the people who carried Nasheed’s resignation letter, the people who spurred the country into two years of chaos, who forced MDP supporters to the streets shouting traitor, they cannot be clean now. So I think tomorrow’s protests will amount to zero. There will be no benefit to anyone.

They cannot say this government wasn’t elected legally. The question is are Maldivians in the business of overthrowing governments? Are we engaged day to day in overthrowing governments? This cannot become our daily lives.

When the government hands him lagoons, islands, forgives him the money he owes the government, he will turn on Mohamed Nasheed.

So what is your government’s plans to ensure political stability?

Following the events of February 7, some people believe the president will resign. Because Nasheed did. President Yameen will not do that. He is firm, he will not resign and go home. He will face challenges, and he will ensure safety for everyone, and ensure the country remains a sovereign state. This government will not allow any acts that affect our sovereignty. He will protect our sovereignty. The national security forces will stop such acts. I am certain.

Opposition parties are claiming former President Mohamed Nasheed and former Defense Minister’s charges are politically motivated. What is your response?

Honestly, if you look at the sequence of events, our new constitution does not give the opportunity for politically motivated charges to be levied against any individual. This is different to previous years, when the president could arrest someone at will for their political beliefs. Political parties are free to operate now, it’s been ten years since we were granted that right. Prosecuting someone for crimes they commit, or may commit is upholding the rule of law; this is the norm anywhere in the world. This is one of the strongest facets of democracy. Justice must be ensured. If this is a society, where an individual is able to evade justice after committing a crime, then there is no democracy here. Even if its President Nasheed or former minister Nazim.

I want to note, it is not the government that presses charges, the constitution clearly states it is the independent Prosecutor General who presses charges. Now, some argue the PG is pro-government. A PG must be appointed to the post through the Majlis as per the constitution. Where will you go, to which court, to see if the person is independent and impartial? As we transition to democracy, there have been many events where all parties were not satisfied with the outcome. This is because we are not a consolidated, institutionalized democracy. The new constitution was most heavily influenced by the then-opposition. Are we to go back to square one again? Where do we start again? Or do we go forward with the current situation, everyone cannot be appeased all the time.

They cannot show us any evidence to back their claim that these charges are politically motivated. President Abdulla Yameen did not initiate these trials. We do not see his involvement at any level in this. But Mohamed Nasheed was involved in the arrest of the judge, he has said so in public, at three events, he went so far as to claim Judge Abdulla would not be able to go within 100 meters of the court. We can see his engagement to that level. But President Yameen has not commented even once on today’s events. I can clearly testify to this.

Many have expressed concern over the Criminal Court denying Nasheed legal representation, when the court sentenced him to pre-trial detention

The problem here is that this case concerns a former president. I personally do not believe a former president should be dragged to court just like that. I am the ruling Progressive Party of the Maldives’ parliamentary group leader. Why? Because I proposed the law on privileges to former presidents. Even then I attempted to stop events such as this. The law had an article 9 – MDP threw it out. I had proposed that if criminal charges are to be pressed against a former president, they be passed by a Majlis committee or a majority or two third majority of Majlis. This is not saying they shouldn’t go to court. But MDP annulled it. The result is the challenges President Nasheed is currently facing.

At the time, my idea was that – not everyone becomes president. They would have to take many decisions, which they cannot share with the public, due to national security reasons. So we cannot prosecute them the same way as any ordinary person.

This is not to say that if they commit a crime, whether its Nasheed or Gayoom, the law must apply to them. But because they were former presidents, I tried to ease it for them.

Anyhow, charges have been pressed. And on Nasheed not having had enough time to appoint a lawyer, I hear Nasheed has been afforded the opportunity to defend himself. He still has the opportunity to defend himself, the opportunity to tell us why, for what reasons, he did it. I believe he has that opportunity.

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Comment: Why we must object to the farce of a ‘trial’ against Nasheed

This article first appeared on DhivehiSitee.com. Republished with permission

On Sunday, former President of Maldives, Mohamed Nasheed, was arrested. The arrest warrant issued by Criminal Court stated “terrorism charges brought against the subject and fears that he may not attend the Court or go into hiding” as reason for arrest.

The evidence and substantiation for Court decision was given as, “how matters had transpired when a case against subject was heard at the Hulhumale’ Magistrate Court, and Police Intelligence reports”. The arrest warrant was provided on the request of the Prosecutor General who was according to the arrest warrant, “investigating case”.

Till then, there had been no mention of terrorism charges against Nasheed by any authority nor had an investigation into terrorist activities by Nasheed taken place.

Local media soon reported the trial has been scheduled in Criminal Court for 4pm today, and it emerged that the Prosecutor General had filed new terrorism charges in Criminal Court after withdrawing the case against Nasheed pending in Hulhumale’ Magistrate Court for over two years as Nasheed challenged the cherrypicking of his trial bench by the Judicial Service Commssion and the procedural appeals dragged on without decision.

As the new trial begins in a couple of hours, there is more reason than ever before to object to the farce.

  1. The current Prosecutor General Muhthaz Muhsin is a former Criminal Court judge, who worked as a junior judge under Criminal Court chief Judge Abdulla Mohamed who is himself the subject in the case against Nasheed.
  1. Media reports the Criminal Court has selected a bench of three judges – Judge Abdulla Didi, Judge Ahmed Rasheed and Judge Shujau Usman – for the case.

The first two are both former members of the Judicial Service Commission (JSC) who played crucial roles within JSC in both re-appointing Abdulla Mohamed as judge despite him not meeting criteria and pending serious misconduct issues, and in covering up misconduct after re-appointment.

Moreover, both carry bias against Nasheed evident in JSC records, especially in discussions of misconduct allegations against Judge Abdulla Mohamed filed with the JSC by the President’s Office in 2009 when Nasheed was in office.

Judge Didi served on the JSC from it’s establishment as an interim commission in 2008 till 2015 as the lower courts appointee. Ahmed Rasheed elected by the law community served on the JSC from 2009 to 2015 and was appointed a Criminal Court judge by the JSC just days ago.

The third, Shujau Usman, was re-appointed a Magistrate by JSC despite a criminal record and was one of three magistrates cherry-picked by the JSC for the Hulhumale’ Magistrate Court bench for Nasheed’s case.

Nasheed’s trial then is not simply political persecution by the government of President Yameen but an already orchestrated trial, managed by the JSC, with the Prosecutor General and the Criminal Court bench already set against Nasheed and ready to avenge Abdulla Mohamed.

Meanwhile, heading the JSC today is Supreme Court Justice Ali Hameed infamous for his white underpants and sex tapes gone viral on the internet.

Aishath Velezinee sat on the Judicial Services Commission from 2009-2011.

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 & Analysis: Rotten politics to defend a democratic constitution?

The Jumhooree Party (JP) in January split from the ruling coalition and allied with the opposition Maldivian Democratic Party (MDP) to “defend the constitution” against what they allege to be President Abdulla Yameen’s repeated constitutional breaches. The new alliance left many confused given the JP’s key role in former President Mohamed Nasheed’s 2012 ouster.

When Haveeru asked Nasheed how he could now trust JP Leader Gasim Ibrahim, he said: “It will be very easy [to understand the alliance] if we talk about interests instead of trust. In the political sphere, nobody should trust the other”.

This statement, I think, perfectly captures the rotten political culture that stands in the way of democratisation in the Maldives. President Nasheed is right. What we have is a political culture where nobody should trust the other. It is indeed a culture where nobody could. “Should” only arises where “could” exists.

It is a culture of extreme opportunism and cynical behavior, established through years of complex, interlocking dependencies fed by corruption, oligarchic money, crime, and patronage. Floor-crossing by elected MPs, some to multiple parties and back in one term, is just one visible aspect of its depth.

But, democracy will not function in the Maldives without a political culture in which we can be confident that the other’s commitment to minimum democratic principles and behaviour will transcend their personal interests.

Sacrifices, compromises, humility

Without this commitment, our only hope is that politicians’ interests and differences always harmonise with democracy. But interests don’t always harmonise with democracy. Substantive differences don’t always benefit from democracy.

Democracy thrives on sacrifices of interests. It requires painful compromises with substantive differences, be they religious or philosophical. And, importantly, democracy derives its sustenance from an ethic of humility.

The ethic of humility decries arrogance, hubris, and bossing around. Democrats dislike treating people as pawns on a chessboard and acting as though one knows all the right moves. That is also why democracy requires honest and robust debate, discussion, and critique.

This is not to say through an opportunistic game of duelling interests, this or that political reform may not happen. It’s also true that in moments of harmony of interests good outcomes could materialise. Sometimes the outcome may not even be what the participants intended.

Democratic failures

The past decade is rife with instances where politicians across the spectrum favored their own interests over democratic process, allowing mistrust, cynicism and opportunism to thrive on.

President Nasheed’s controversial detentions of Gasim and Yameen and the Criminal Court Chief Judge Abdulla Mohamed, during his term are instances of failure of this transcendental commitment to the democratic process. The 2012 coup by the then opposition parties through the security services is the ultimate breach of this commitment.

Jumhooree Party’s contestation of the first round of presidential elections in 2013 without any reasonable grounds and the abuse of the Supreme Court to manipulate the electoral process is another extreme example where “interests” transcended the commitment to democracy.

Now, President Yamin’s turn towards what may be a form of “competitive authoritarianism,” whereby, through legislative manipulation, he now can control an already corrupt judiciary and other independent state institutions, shows his commitment to democracy does not transcend his narrow political interests.

Yamin has succeeded in removing the Chief Justice and perhaps the only just Justice in the Supreme Court through legislative manipulation by his party’s majority in the parliament. This, of course, could help him manipulate the elections in 2018.

Democracy has become ever more elusive.

A combination of institutions and human behaviour

I’m of course not saying politics is for angels. But without a political culture based on certain minimum human behavioural commitments, democracy cannot be the “only game in town”, which, political scientists Juan Linz and Alfred Stepan claim, is a test of democracy’s consolidation.

I think one of Amartya Sen’s important points in The Idea of Justice is also that institutions alone don’t result in justice. Similarly, institutions of democracy — be they perfect constitutions or genuine elections — alone don’t result in democracy.

A people and a political elite that are behaviorally and attitudinally committed to democratic rules and principles are as crucial.

That is also why I am skeptical of the MDP’s claim that the solution to authoritarian turns in our politics is adopting a parliamentary system.

The forgoing analysis is bleak. A democracy survey in the Maldives in 2013 already painted a bleak picture for the country. The survey points to a crisis of public confidence in key democratic institutions and extraordinarily high levels of public cynicism towards politics as compared to other transitional states.

But that same survey also shows there are some reasons to be optimistic.

Youth comprises around 30% of the population. It is these youth groups that tend to gravitate towards democratic values. A political culture based on their empowerment and mobilisation is perhaps how we may achieve and sustain democracy.

Azim Zahir worked at the President’s Office and Transparency Maldives. He has a Masters in Political Science from the University of Sydney.

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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Are politics returning to the streets of Malé?

Additional reporting by Ismail Humaam Hamid and Mohamed Saif Fathih

Over a hundred protesters gathered outside the Civil Court by the market in Malé this afternoon, as former President Mohamed Nasheed continued a legal campaign that stretches into its third year.

Inside, the Civil Court agreed to consider the challenge – rejected by the High Court earlier this week – into the legitimacy of the bench tasked with trying Nasheed for the January 2012 detention of Judge Abdulla Mohamed.

Tussles between police and protesters hinted at a return to the tension that became commonplace in the capital in the months before and after Nasheed’s controversial resignation from office just weeks after the judge’s arrest.

“The process that we saw in 2012. That appears to be happening this time,” suggested Maldivian Democratic Party (MDP) Spokesman Hamid Abdul Ghafoor from the protest today.

“We are certainly trying to wake up people to what is going on and it is our wish to inform people what will happen if we do not act,” he explained over the shouts of demonstrators.

Rising tensions on the streets in 2012 eventually saw security personnel turn on Nasheed’s government, with the MDP leader alleging his subsequent resignation was under duress.

Nasheed earlier this week called upon the people of the country to protest against their failed judicial system while party Chair Ali Waheed said today that the party would begin daily protests to defend the Constitution against persistent breaches.

Others, however, have suggested that the large scale anti-government demonstrations seen three years ago will not be repeated in 2015.

“We really don’t think that the past is going to come back,” said Ismail Asif of the Maldives National Chamber of Commerce and Industry (MNCCI). “The economy is picking up. People want to move on.”

Following the resurgence of street demonstrations since the decision of the formerly government-aligned Jumhooree Party (JP) with the MDP, the MNCCI called on authorities to stop such activities which might hinder local business.

Police attempts to clear a space from the space outside the court today saw protesters pushed into the market itself.

“We don’t feel that part of a democracy means any party should be allowed to block the streets,” said Asif.

He suggested that recent attendances at street demonstrations indicated that people preferred to go through the system, though he admitted the MDP leader Nasheed would still be able to draw large crowds.

The MDP’s Hamid said that the party intends to utilise both approaches, with “organised and sustained” direct action as well as efforts, via its new parliamentary alliance, to secure JP leader Gasim Ibrahim as Majlis speaker.

“We are trying to convince the public that if we do not take action now, we may not get another chance,” said Hamid.

The party sees the resumption of legal action against Nasheed as part of a wider move by the government to remove potential challengers to President Abdulla Yameen.

While government-sponsored amendments to the Constitution could disqualify JP leader Gasim on grounds of age, former defence minister Mohamed Nazim – himself a key player in events leading to Nasheed’s resignation – faces further charges of fomenting a coup, this time from the current government.

JP MP and former Police Commissioner Abdulla Riyaz – who stood alongside Nazim on the day of Nasheed’s resignation – has called the charges against Nazim “purely political” in nature, suggesting the police were attempting to frame the former minister.

During today’s demonstrations, MDP Chair Waheed said the party would be willing to work with its “political enemies” in order to defend the Constitution.

“People you would not expect to see  on one platform will be seen together on February 27,” he claimed before dispersing today’s protest.

Hamid also explained that no one who wished to work with the opposition party would be turned away.

“We do not agree with how he [Nazim] has acted, but justice and rule of law should prevail. He has the right to due process,” he said.

Nasheed himself fears that the expedition of his case – which his party predicts will be pushed through before the introduction of the new Penal Code in April – will see him forced to campaign far from the streets of the capital.

“I will be even more active from block C of Maafushi Jail,” he told party colleagues this week.

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Humans of Addu

Inspired by Brandon Stanton’s Humans of New York, Humans of Addu chronicles the lives and stories of the inhabitants of Addu, the Maldives’ southernmost atoll.

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Q&A: “With patience, until I die” – Rilwan’s mother vows to continue the search

Aminath Easa, 67, is the mother of missing Minivan News journalist Ahmed Rilwan. She has led the search for her son, appearing on the frontline of marches and efforts to lobby the government and politicians. Rilwan is the youngest of her nine children.

Zaheena Rasheed: Tell me of the last time you saw Rilwan.

Aminath Easa: He came home, and ate with me before he went to Hulhumalé. He does not answer his phone during the weekend. He always tells us he wants to sleep, do chores, do his laundry. We don’t call him during the weekend. People say we took too much time to report him as missing. But we started looking for him as soon as we could not reach him. Of course, we did not call him during the weekend. But at the start of the week, we called his friends. We were concerned, we went to his apartment.

From that day on, for the past five months, we’ve been looking for him without rest. God willing, I will do everything in my power to find him, with patience, until I die. I will not stop, no matter what anyone says.

My son was not lost at sea. My son was abducted. It was an organised and planned abduction. He did not run away. My heart tells me he is alive. To this day I believe he is alive.  This is truly the biggest pain a family has to bear. I am old, but I have never had to bear such pain.

ZR: What do you think of the government’s response?

AE: I am not at all happy with the government’s response. I know the police are capable, they have solved cases they work on. They caught the two dangerous convicts who escaped from jail, without firing a single shot. They work when their leaders tell them to. But the government hasn’t told them to find my son. The police will look for him and find him if their superiors order them to do so. I believe government officials are complicit in this case. I said so to [Home Minister] Umar Naseer.

Why has President Abdulla Yameen refused our request for a meeting? We are his citizens. It is his citizen who has been abducted. We would receive some satisfaction if they would just meet us. But the two Presidents [President Abdulla Yameen and former President Maumoon Abdul Gayoom] refused to meet us. Yameen’s wife refused as well. This is how poor, how helpless we are. I have always struggled in my life, but I have never had to face such fear, such sadness. But we will continue to lobby them. I will continue to request them to find my son.

People tell me, you are so brave, if it were me I wouldn’t be able to get up, I tell them, how can I lie down? Should I give up hope, wait til I die, saying he is gone, that he will not come back? That will not do. I must work with my family, as a mother, I must give my children courage. If I lie down, they will have to look after me as they look for him. There is no one else. We are calling on the public to help us. The government does not help us.

ZR: How has the long search affected your family?

AE: My children are looking for him 24/7. His brother was recently very sick, he collapsed in December and had to get tests done abroad. Doctors told him he was under too much stress, to stop thinking. But how can he? I too worry. But I do not cry infront of my children. I do not let them know. I do not cry in front of my friends. But when I am alone in my room, I cannot help but cry.

I pray to Allah to grant me patience. Allah will grant me patience. I have never borne such a pain. I have looked after nine children by myself. I do not have family, just a half brother. He is quite old now. I do not have anyone but my children and God. My children are very good to me.

ZR: Tell me about your daily routine? How has it changed since Rilwan disappeared?

AE: I was never one to stay at home. In this day and age, people no longer visit their neighbors, but I do. I wake up at dawn, do my prayers, go for a walk around Malé, and go to yoga. Then I cook, and after lunch I visit my friends till Asr prayers. After performing Asr prayers, I visit my neighbors again until dusk.

But I no longer want to visit the houses I used to. They speak about Rilwan. They ask me, what happened to him? They tell me he must have been killed. This is what most people say. So I do not want to see people any more. I have changed a lot. I spend a lot of time alone, at home, with my children and praying to Allah to bring my son back to me.

ZR: Your family has consulted clairvoyants? What are their predictions?

AE: We have consulted astrologists. But there is no certainty in their predictions. They tell us he is alive, but that he will not come back to us anytime soon. We tell them, we know that. He can only come back when those who are holding him let him go.

Umar Naseer told the media once that we will know what happened to Rilwan when he comes back, whether he was abducted, whether it was a voluntary disappearance. I went and met [Naseer] afterwards and I questioned him, why are you saying this? Yes, when he comes back we too will ask him, where have you been? Who took you? Why must the government ministers speak like this? The government is not working on this at all. At all. And so we must continue lobbying, pressuring the government. This is our work, this is what we must do.

ZR: Are you hopeful? From whom do you draw your strength?

AE: I have hope. I have never given up hope. As long as I live, until I die, until we find him, I will continue. I will continue. Even if its just me and a handful of family members and his friends, I will come out and march on the streets. I will go even if no one goes. Some people have said the turnout was low during the second march. I say, I do not mind, we will continue. But we will invite everyone to join us, for the sake of humanity.

I draw strength from my children and my friends. I am very happy by the efforts of the media and Rilwan’s friends. His friends, I love them as if they were my children. I do not feel alone now, because of their efforts. When I feel sad, I ask for patience, Allah gives patience to all humans.

ZR: What does Rilwan’s disappearance say about peace and security in the Maldives?

AE: There is no peace and security for anyone. When I go for my daily walk, I am scared. But Allah has ordered us to keep in good health. That is why I go, even though I am quite old now. I go alone, I walk all around Malé. Sometimes I look back in fear. Before this, I was never afraid. I am afraid now.

I feel as if I am being followed, because I am looking for my son. For a time, I did not go for my walk, but then I thought to myself, I must not stay at home. If I must die, I will die. It is not wise to hide, to stop my work for fear of death.

ZR: There have been over 33 deaths in the past seven years. Many families have lost their sons and daughters. What is your message to them?

AE: To families who have suffered injustice, I want to say, why do you remain silent when your children have been murdered? Who are you afraid of? Your government? Allah? Do not fear. Allah has ordered us to keep trying, to continue in the face of hardship.

My son has been disappeared, and I will do all I can, without rest, to find him. Your sons have been killed. If you remain silent, another’s son will be killed. And this cycle will go on. If families had demanded justice with the first killing, we would not be where we are today. Every day, there are more knifings, more death. These families who have suffered, they are afraid to stand up, they fear our leaders.

We were not allowed to speak our minds before, and I am afraid the same day has returned. My heart does not say my son is dead. But everyone else believes he is dead. He can only come back when those who have him release him.

Friends and family of Rilwan will gather outside of the Hulhumalé ferry terminal, in Malé, this afternoon at 4:30 to celebrate his 29th birthday. All are invited to come and write a message for Rilwan on the 163rd day since his disappearance.


Related to this story

We don’t wish anyone else to go through same pain: Rilwan’s family

No apparent progress in police search for Rilwan, family plans protest for Friday

MDN investigation implicates radicalised gangs in Rilwan’s disappearance

“Not all crimes in the world are solvable”: Home minister says on Rilwan’s disappearance

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Oceans new – Maldives’ first female boat captain

Aishath Rizna maneuvered Kurumba Maldives’ two tiered speed boat out of the Malé harbour with an expertise surprising for a young captain who’d just gotten her license.

We were sailing against the wind, but her command of the vessel rivaled that of any seasoned captain – a post traditionally held by men. Rizna is the Maldives’ first active female boat captain.

“I feel confident on a speed boat. It’s really cool,” the 24-year-old told us 15 minutes later at Kurumba Maldives’ café lounge. She is sun-tanned, clad in a blue shirt and white shorts.

Rizna, also known as Rizu, joined Kurumba at the Children’s club three years ago, but jumped at the chance to train as a boat captain after Kurumba fleet manager Shameem offered the opportunity.

“The fleet section is traditionally an all-male section. This is very inspirational for the management team,” said a beaming Jason Kruse, Kurumba’s General Manager.

Inspirational Family

Rizu draws inspiration from her family which she says has a history of strong, self-sufficient women – proudly describing her mother’s skills for electrical work and how her grandmother still climbs trees at the age of 67.

She had grown up swimming, fishing, and driving boats as a child on northern Funadhoo Island in Shaviyani Atoll, before moving to Malé for secondary education.

“My father is a fisherman while my mother is a housewife,” said Rizu as she sipped orange juice. “When I was small I used to go fishing with my father on a small boat.”

Rizu said that her family is very proud of her becoming the country’s first active female captain, especially mentioning her father, who is very happy about his daughter’s achievements, encouraging her to move forward.

While school bored her, she always enjoyed snorkeling, diving, water sports. For her, working at Kurumba – and combining captaincy and recreation – is now a “vacation, more than work”.

Journey to captaincy

“When Rizu came, she was very quiet and shy, but you can see her confidence build throughout and now, she leads her own crew,” said Jason.

Rizu described her journey to captaincy as one of difficulty – training for a few hours every day during her free time – while recounting her very first boat lesson in which she spent over two hours practicing how to bring the boat to a perfect stop.

“The first few days were very challenging,” she explained. “It was very difficult but I always thought next time I will do better.”

Along with the practical aspects of boating – acquired from experienced captains working in the Kurumba fleet, she also had to learn the national regulations on seafaring and navigational theory.

“The crew was very helpful. They do not get angry at me even if I make mistakes, but instead they would give me a couple of lessons on how to correct my mistake,” said Rizu of the all-male crew under her captaincy.

Speaking of Rizu’s achievements, fleet manager Shameem shows great pride: “This is something I thought I’d never see.”

Opportunity for women in hospitality

Meanwhile, Rizu rejected rumours regarding female employees in the tourism industry.

“Resort managements have very good rules and regulations and local employees are not allowed to do whatever they want,” she said.

“People think that local employees would start drinking or go the wrong way, but we are not allowed to do any such thing,” said Rizu. “Instead, there are plenty of recreational activities to keep us occupied.”

Jason also highlighted the importance of increasing the female ratio of Maldivian employees in resorts, saying that there is increasing demand from female Middle Eastern clients for all female services.

“We are trying to increase our Maldivian female ration in the resorts. It’s a certain area we are making some changes in order to encourage more Maldivian girls to join the resort.”

Jason shared ideas of developing an all female crew speed boat which would be able to take such clients on excursions where they could confidently enjoy the full Maldivian experience by disrobing before a swim.

He shared Kurumba management’s ethos of breaking boundaries by getting more females into the industry, while pointing out that the resort currently employs two local women as trainee chefs and that the spa department was also headed by a woman.

Heading out from the resort back to Malé, Rizu said that becoming a boat captain is just one step towards her ultimate dream: “travelling to every island in the Maldives in my own boat”.

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