Letter on democratic culture

For democracy to prevail over the ominous threat of the return of tyranny to the Maldives, it is imperative that enough politicians and Maldivian people take seriously this notion that democracy really does start from the heart through the cultivation of what one may call a democratic ‘culture.’

Etymologically, culture simply means something which has been cultivated.

Structural approaches to democratisation which have not vigorously attempted to cultivate an attitude of tolerance, compromise, willingness to listen and work for the people, have failed.

In the seventies and eighties, the US Government supported right wing dictators all over the world preparing these nations for “liberal democracy.” (Commonly termed the top down democratisation approach.)

The dictators main job was to secure the economic interests of the rich and control the poor with both religion and brutality until the poor were rich enough to be trusted with freedom.

However, wealth did not always trickle down the way it was supposed to. The rich got richer and the poor got poorer. Dictators did not simply step down once an economy was ‘ready’.

Amartya Sen’s idea of bottom up democratisation, seemed to have more success, as so many struggled and suffered at a grassroots level to bring down dictators through activism. Many freedoms were won. Yet can they be maintained without the cultivation of a democratic culture?

Some would suggest that once people are economically developed and free, a democratic culture would emerge naturally.

Karl Marx, offering an inversion of Ludwig Feurbach’s application of the Hegelian thesis on Consciousness, said that consciousness does not determine one’s economic well being and life, but that ones economic situation determines ones consciousness. This seemed to be taken for granted in much of this bottom up democratisation theory. It was thought that if people were poor, they could not be reasonable, and if they had wealth, they could be reasonable and moral.

So, instead of teaching people to be reasonable in the voting arena or anywhere else, if you helped them become economically self determining and independent, then reason and moral consciousness would be created as a natural response to the economic development. Therefore, you don’t have to teach people critical thinking and morality, it grows by itself with economic self realization.

At least, that was the theory.

However, many radical Islamists who push for Jihad are educated and wealthy. Education and wealth does not often stop those inclined to support gangsters from supporting gangsters. It just makes them support the gangsters with wealth and more power.

For corruption and tyranny to be eradicated, people’s hearts need to be changed, and, only a combination of suffering and compassion, can teach people compassion, reason and a sense of true humanitarian moral justice.

I am advocating old fashioned ideological determinism, but something more, that nothing can change, unless the heart is changed, and the heart can be only changed through self sacrificial love.

Perhaps the first change that needs to take place is that the hegemonic super-structural cultural capital of a Maldivian society (I am using the word hegemony in Gramsci ‘s sense rather than the conventional sense meaning ‘power’) needs to promote compassion and tolerance rather than prejudice. That’s right; I am talking about your Islam.

As Islam is the heart centre of Maldives’ cultural capital, it is imperative that a tolerant, compassionate form of Islam is promoted.

Religious identity is at the centre of a person’s subconscious being. What one believes about the ultimate nature of the universe will determine their attitudes in all other areas. If ones ontological foundation is an intolerant, unreasonable deity, such will not be able to be politically open minded enough to be able to have and sustain a democracy.

Other factors are also involved. One needs to be disciplined enough to overcome personal hatreds. One issue which makes politics difficult in Maldives is that things so very easily become personal seems Maldives is such a smal society. This needs to be overcome.

If Maldivians are serious about democracy, and in fact in harmonious existence altogether, respect for diversity and tolerance has to be promoted vigorously before it is too late!

Kindest Regards

Ben Plewright

All letters are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write a letter piece, please submit it to [email protected]

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JSC members ‘too busy’ to meet and adopt Standards of Procedure

The need to spend quality time with family, party political duties, and other outside commitments has prevented the Judicial Service Commission (JSC) from meeting to adopt its Standards of Procedure, now overdue by 10 months.

According to the JSC Act, the Standards of Procedure should have been adopted by January 26 this year.

The Standards of Procedure, or House Rules, are required to set the rules and regulations according to which the JSC should carry out its Constitutional responsibilities.

The JSC is an independent body constitutionally mandated to oversee the ethical standards and principles of the country’s judiciary.

Without the Standards of Procedure, the Commission is run on ad-hoc basis, often according to the discretion of the chairperson.

The day-long meeting in which members were to work on adoption of the Standards of Procedure was scheduled for Saturday.

It was also decided that the meeting would be held outside of Male’ from 9:00 in the morning till 8:00 pm.

JSC Chairperson, Supreme Court Justice Adam Mohamed, excused himself from the meeting citing court work and family commitments on Saturday.

Dr Afrasheem Ali, Deputy Chair and Dhivehi Rayyithunge Party (DRP), could not attend the meeting as his Saturdays, he told the JSC, are reserved for party political work.

Majlis Speaker Speaker Abdulla Shahid and Civil Service Commission President Fahmy would not be in the country on Saturday.

For Criminal Court Chief Judge Abdulla Didi, the reason for being unable to attend was the location of the meeting. He was unwilling to travel outside of Male’.

The venue of the meeting had not been finalised when the meeting was cancelled. JSC Interim Secretary General Moomina Umar told Minivan News that it would have been a place where members had access to full conference facilities, allowing them to focus on the urgent issue at hand fully.

Moomina also said that subsequent attempts by her to move the meeting to Male’ to facilitate objections had not received a positive response, forcing the meeting to be cancelled.

The ten member JSC needs six members present before a meeting can be held.

On 21 October, JSC Chairperson Justice Mohamed walked out of a meeting in which some members pushed to have adoption of the Standards of Procedure put on the agenda as a matter of urgency.

Judge Abdulla Didi, who excused himself from Saturday’s meeting because it was to be held outside of Male’, also walked out of the meeting with Justice Mohamed, making it impossible for members to put the Standards of Procedure on the agenda of its next meeting.

Justice Mohamed, speaking to media, blamed his decision to desert the meeting on the ‘vulgar behaviour’ of the President’s Member at the JSC, Aishath Velezinee.

Velezinee, along with Attorney Ali Sawad, JSC Lawyer Ahmed Rasheed and JSC Member of the General Public had objected to the continued and systematic manner in which the JSC Chair avoided making adoption of the SoP a matter of top priority.

The JSC released news of Justice Mohamed’s desertion of the meeting immediately, an act which he has claimed is against JSC Regulations as communications with the media cannot be done without prior majority consent of members.

The claim, however, is inaccurate.

A unanimous JSC decision dated 2 September this year (JSC-B1/10/200), authorised Media Officer Hassan Zaheen, Deputy Legal Officer Abdul Fatthah Abdul Ghafoor and Moomina Umar to speak to the media on its behalf.

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HRCM condemns police attack on media

The Human Rights Commission of the Maldives (HRCM) has condemned the police reaction towards journalists who were injured while attempting to cover the opposition Dhivehi Rayyithunge Party (DRP) led protest on Monday night.

Several journalists from different media organisations have reported violent police attacks on journalists covering the opposition protest.

A journalist from Miadhu, Three journalists from DhiTV, two journalists from VillaTV, one from newspaper Miadhu and a photographer from Haveeru reported they were attacked by the police.

The two journalists from VillaTV were also arrested, handcuffed, and released the same evening.

‘’As the media is a pillar that plays an important role in democracy, the freedom of media is a right guaranteed under the constitution which cannot be restricted under any circumstances,’’ said the HRCM in a statement. ‘’Persons active in the media have to be given freedom and protection.’’

The HRCM claimed some of the journalists working there were obstructed from conducting their work by using force, and ‘’therefore we condemn these actions.’’

The freedom of gathering shall also be conducted peacefully in a way that it would not be an obstacle for other peoples’ rights.

The commission advised the protesters to pay attention to these issues and  “to keep their actions in accordance with the rules and regulations.”

“And in a situation where gatherings have to dispersed for security reasons, the chance of causing disruption narrows if it is conducted in accordance to the established procedures,’’ the commission said. ‘’We are now investigating the concerning issues raised after the riot.’’

The HRCM called on the police to use methods “that will not injure people and cause disturbance to citizens” when dispersing riots in the future.

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Three day MDP congress begins with formation of women and youth wings

The ruling Maldivian Democratic Party [MDP] will commence its congress tonight at Dharubaaruge in Hakura Maalam.

Spokesperson for the party Ibrahim Haleem told Minivan News that the congress was scheduled to commence at 9:00pm with a speech by the party’s chairperson and MP Mariya Didi.

After the speech by Mariya, Haleem said the party’s parliamentary group leader MP ‘Reeko’ Moosa Manik will also address to the delegates.

“After that there will be a special reception, and the President of the Maldives, Mohamed Nasheed will also take part in the congress tonight,’’ said Haleem. ‘’It will be biggest and sophisticated congress ever held in the country.’’

Haleem said that Friday afternoon discussion meetings will be held t establish the party’s “woman’s spirit” wing and “youth wing”, mirroring two institutions of the opposition DRP.

“During the meeting we will amend our party’s charter, and delegates will also discuss when to hold the party elections to appoint two new deputy chairpersons,’’ Haleem said. “After the discussion they will announce a date for the elections.”

He said the Chairperson would not change because “the term is five years and it has not expired yet.”

‘’We are expecting more than 1000 representatives, delegates and supporters to take part in the event,’’ he added.

The main opposition Dhivehi Rayyithunge Party (DRP) held its annual congress in February this year.

During the congress the party elected its leader as MP Ahmed Thasmeen Ali and Umar Naseer, MP Ahmed Ilham, MP Ali Waheed and Ibrahim ‘Mavota’ Shareef as Deputy leaders.

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Minivan News responds to MNJA allegations of ‘irresponsible journalism’

The following is an English-language translation of a press release press release issued by the Maldives National Journalists Association (MNJA) on October 28 2010, in response to our coverage of the Vilu Reef ‘wedding’ video.

The verbatim translation of the filthy language used by a ‘celebrant’ in a symbolic wedding ceremony conducted on a Maldivian resort published by Minivan News is not the type of journalism that should be practised by a responsible newspaper. The publication of filthy language by anyone, in whatever language, falls outside the standards of professional journalism.

This organisation condemns the use of unacceptable language of low standards in any newspaper or website that can be read or accessed by children, adults and families. We would also like to take this opportunity to note that the translation published in Minivan News will damage Maldivian tourism and business.

SIM Ibrahim Mohamed
President of the Maldives National Journalist Association

Minivan News responds:

Minivan News heartily agrees that the Maldives National Journalists Association (MNJA) should be concerned about the filthy language used by a Vilu Reef staff member in the leaked video, in which paying tourists seeking to renew their wedding vows are mocked and degraded by up to 15 complicit resort staff.

However Minivan News feels such concern would be better voiced by the Maldives Association of Tourism Industry (MATI), easily done as the two organisations are headed by the same individual, Sim Mohamed Ibrahim.

Minivan News is in fact surprised that MATI has yet to comment on an incident which has sparked worldwide concern about the humiliating and degrading treatment of guests on a resort, and hopes it has not adopted a head-in-the-sand approach to an issue of such national importance.

Furthermore, Minivan News believes that the duty of a ‘responsible’ news publication is to bring such sensitive issues to light, without fear or prejudice, holding big business to account when its behavior damages the Maldives’ cherished reputation for tourism excellence.

We sincerely hope that MNJA/MATI stops ‘shooting the messenger’ and uses its respect and political clout to ensure that such shameful behaviour does not happen again in the future.

Minivan News

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Corruption Index ranks Maldives below Zimbabwe

The Maldives has been ranked 143 in Transparency International’s 2010 Corruption Perception Index, equal with Pakistan and below Zimbabwe.

The ranking represents a fall of 15 places since the 2009 Index, which itself fell 15 places from the 2008 Index.

The Maldives is now ranked well below regional neighbours, including India (87), Sri Lanka (91) and Bangladesh (134). Denmark, New Zealand and Singapore ranked first, while Somalia ranked last at 178, below Burma and Afghanistan.

The Maldivian index was calculated using three different sources, explained Executive Director of Transparency Maldives, Ilham Mohamed. These were the Asian Development Bank’s Country Performance Index 2009, Global Insight’s Country Risk Report 2010, and the World Bank’s Country Policy and Institutional Assessment 2009.

“I think [the decline] reflects changes we are going through as a democracy – political instability is also considered when calculating the index,” Ilham said. “But this reflects the fact that the international community considers us more corrupt since 2008.”

Despite having a new constitution the Maldives does not have “the enabling legislation” in place to combat corruption, Ilham said. “We don’t even have a criminal code.”

She hesitated to say whether corruption was “a cultural problem”, because this was “a common justification in many Asian countries.”

“Nepotism is nepotism no matter where it happens,” Ilham said. “Howver it could be that the index reflects that practices such as patronage and gift-giving – which weren’t perceived as corrupt – are now beginning to be recognised as such.”

Corruption has maintained a high profile in the Maldives throughout 2010, most dramatically in July when recordings of phone conversations between MPs were leaked to the press. MPs were heard discussing plans to derail the taxation bill, implement no-confidence motions against ministers, buy someone called “Rose”, the Anti-Corruption Commission, and the exchange of “millions”.

People’s Alliances party (PA) leader Abdulla Yameen Abdul Gayoom told Minivan News at the time that while a voice in the sound clips might have been his, the conversations were ”not to borrow money to bribe MPs… [rather] as friends, we might help each other,” he said.

Meanwhile, “I need cash”, a recorded comment from Independent MP Mohamed ‘Kutti’ Nasheed to an individual believed to be Jumhoree Party (JP) leader Gasim Ibrahim, quickly became something of a meme in the Maldives, with islanders in his constituency of Kulhudhufushi setting up a collections box on the beach.

However the debate quickly turned one of telecommunications legalities, with the Human Rights Commission of the Maldives (HRCM) issuing a statement condemning the recording of private phone calls.

Shortly afterwards parliament levelled a no-confidence motion at Education Minister Dr Mustafa Luthfy, the entire cabinet resigned in protest against the “scorched earth” tactics of the opposition majority parliament. The former ministers accused parliament of outright corruption and police arrested MPs Yameen and Gasim and charged them with treason and vote buying, for “attempting to topple the government illegally.”

Both were released when the Supreme Court overruled a decision by the High Court to hold the pair under house arrest for 15 days.

Police later that month arrested Deputy Speaker Ahmed Nazim, also of the PA, and ruling Maldivian Democratic Party MP Mohamed Musthafa on suspicion of bribing MPs and a civil court judge.

The Criminal Court ordered their release and several senior police lawyers giving evidence were suspended from court “on ethical grounds”.

Senior officers at the time expressed concern that investigations into “high-profile corruption cases” were compromised at “a very preliminary stage”, noting that the court had refused to even issue arrest warrants for a case involving more than a kilogram of heroin.

Police lodged that complaint with the Judicial Services Commission (JSC), which has yet to review any of the nearly 120 complaints it has received this year.

Earlier in the year Auditor General Ibrahim Naeem was also dismissed in a no-confidence motion by parliament shortly after demanding a financial audit of all ministers, past and present, including former President Maumoon Abdul Gayoom.

The Anti-Corruption Commission (ACC) found Naeem guilty of buying a tie and boat transport with government money, and he was summarily dismissed.

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Criminal Court stops accepting new cases, Civil Court returns to normal

The Criminal Court has told the Prosecutor General not to send any new cases to the court until further notice as it is busy implementing administrative changes required by the Judicature Act.

The Civil Court, which had suspended “all matters of justice” for seven days from Sunday to make administrative changes necessitated by the Judicature Act, will be returning to normal tomorrow, Chief Judge Ali Sameer told Minivan News.

“Four days” in which justice was suspended so the court can focus on administrative jobs, Chief Judge Sameer said, was “not bad”.

Chief Judge Sameer denied that President Nasheed’s ratification of the Act on Thursday 21 October had taken the court by surprise. Rather, he said, the Court was unsure as to whether President Nasheed would ratify the Act or not.

“Had he not ratified the Act as passed by the Majlis, pre-emptive action on our part would have meant that we would have made changes that were unnecessary, and also incurred a huge amount of expenses unnecessarily”, he said.

The Judicature Act was enacted to bring the nation’s judiciary in line with the standards set by  the 2008 Constitution to establish an independent judiciary replacing the administrative system of justice that was in place prior to the passing of the Constitution.

It creates the country’s courts, establishes their system of hierarchy and forms regulations according to which they should function.

The Act, which the President ratified within the specified 15-day period, changed the name of the Madhanee Court to Civil Court and the name of the Jinaaee Court to Criminal Court. ‘Madhanee’ means ‘civil’ in Arabic and ‘jinaaee’ means ‘criminal’.

Changes in the Act also affect the operation of courts in various islands. Attempts by Minivan News to contact the Chief Judicial Administrator Ibrahim Adam Manik to clarify the full range of administrative changes that has necessitated the interruptions to justice proved unsuccessful.

When Minivan News was able to get Manik on the phone after a two hour period in which his secretary repeatedly said he was “on his break” he requested that the question be sent to him by email.

Manik ignored the email when it was sent as requested.

The Criminal Court announcement states the difficulties have arisen because “relevant authorities of the judiciary have not taken the required decisions” on the procedures to be followed in the cases that are now brought to the court.

Nor have the said authorities taken a decision on how island courts should be addressed when the Criminal Court is sending out summons or messages to people involved in the cases being brought to the court.

The Court does not specify a date when it will resume accepting cases from the Prosecutor General. It says, however, “even though the Court is encountering administrative difficulties in implementing the many changes required by the new Act”, it will resume normal business “as soon as the work is completed”

Mohamed Nasheed, Independent MP for Kulhudhuffushi, who was a member of the Parliamentary Committee in charge of the Bill said the courts should have been in a position to meet the changes required by the Judicature Act head on.

The Bill had been in the Parliament since the beginning of the year, and the Parliamentary Committee had worked closely with the Courts during the re-drafting stages, asking for their opinion, comments and feedback all along the way, Nasheed said.

“The Judicature Act does not bring about a change so fundamental or so radical that the process of dispensing justice has to be interrupted. There should have been a smooth transition in which the courts seamlessly integrated the changes as the Act was ratified,” Nasheed said.

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President concerned over police clash with journalists

President Mohamed Nasheed has expressed concern over the clash between journalists and police during the opposition led-protest on Monday night.

Several journalists from different media organisations have reported violent police attacks on journalists covering the riot.

The protest began as a gathering in front of party’s head office, but degenerated into a riot when protesters marched to the President’s official residence of Muleeage.

A journalist from Miadhu, three journalists from DhiTV, two journalists from VillaTV, one from newspaper Miadhu and a photographer from Haveeru reported they were attacked by police.

President’s Office issued a statement saying that it had received reports that journalists covering the opposition protest were injured by police officers who tried to control the situation.

The statement said the President’s office held a meeting yesterday to discuss the issue with the Maldives Journalists Association (MJA), Maldives National Journalists Association (MNJA) and the Maldives Media Council.

Special Envoy to the President Ibrahim Hussein Zaki, Press Secretary for the President Mohamed Zuhair, Deputy Under Secretary of the President’s office Aishath Shuweykara, Communications Coordinator Husham Mohamed and a police media official sat in the meeting with the media representatives.

The statement acknowledged complaints received from NGOs claiming that journalists were injured during police attempts to control the area, that they were deliberately targeted, that police forced journalists to move too far away from the area, and referred to journalists rudely.

The statement also acknowledged complaints that pepper spray and tear gas was sprayed into the area without warning, according to the NGOs.

Zaki told the delegates that the Maldives Media Council was establishing policies for journalists on how to cover riots and protests, and called on all concerned authorities to cooperate with the council.

Zaki said he do not believe that there was any hostility between journalists and police.

Opposition DRP MP Ahmed Nihan said that the reputation and dignity of the country was lifted among the international community after the press freedom was offered in the new constitution, and that the incident that occurred that night was disgraceful.

”The police acted upon orders from the President, they obstructed the work of the journalists while they were trying to broadcast the riot on air,” said Nihan. ”I strongly condemn the police actions.”

Nihan said the President was liable for the police action.

”It is against the words of the President – media is the fourth pillar of democracy, we will demand their freedom,” Nihan said. ”Police reactions were quick and very violent that night.”

He alleged that the attack on the media was given upon a request by Maldivian Democratic Party (MDP) MP Moosa Manik.

”It was not even 48 hours after Moosa warned that he would ‘show some of the media what I’ve got’. He has also warned that action would be taken against Villa TV and DhiTV,” Nihan claimed.

He also regretted that international organisations such as Reporters Without Borders did “not appear to care” about this incident.

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Civil Court defers JSC negligence case indefinitely in the absence of official seal

The Civil Court ruling on whether or not the Judicial Service Commission is guilty of neglecting its Constitutional responsibilities has been delayed indefinitely because the court lacks an official seal with which to stamp the decision.

The Civil Court has been shut for business since President Mohamed Nasheed ratified the Judicature Act on Thursday due to a change in the Court’s name from Arabic to English. A Dhivehi word is not in use to refer to it.

Until President Nasheed signed the Judicature Act into law, the official name of the court had been Madhanee Court – ‘madhanee’ being the Arabic word for ‘civil’.

The Judicature Act, passed by the Majlis on 4 October, uses the English word ‘civil’ instead of the Arabic word ‘madhanee’ to refer to the court.

The Civil Court stopped its work once the Judicature Act came into force as it does not have an official seal bearing its new name with which to stamp its hearings and other official documents.

The Family Court and the Criminal Court, too, are suffering the same plight of being unable to rubber stamp their decisions after the name change.

A period of seventeen days was available between the Majlis passing the Judicature Act and President Nasheed ratifying it in which the seals could have been made.

Treasure Island Ltd is suing the JSC for professional negligence, alleging that it failed to investigate complaints of misconduct against two judges, one of whom is the former head of JSC and former Surpreme Court Justice Mujthaz Fahmy.

The JSC is an independent body Constitutionally mandated to oversee the judiciary and maintain its ethical and disciplinary standards.

Judge Mariyam Nihayath of the Civil Court, who on October 19 refused to admit additional infromation offered by potential JSC whistleblower, President’s member Aishath Velezinee, was set to hold a further hearing on the case today.

It is not known when the courts will have the necessary tools with which to resume justice.

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