Letter on Maumoon

Dear Maldives,

“It was not done by him alone. It was a whole system that did it. It was Dhivehi tradition that did it. It was Dhivehi culture that did it…”

-President Nasheed from Minivan News article “If you want to sue Shafeeg, you’ll have to sue me,” relating to torture allegations.

Thank you Anni. This insight is a tremendous gift to your people.

I am not a Maldivian, but I have been personally hurt by and afraid of Abdulla Yameen (Gayoom’s brother) unjustly, so I have tasted this aspect of Dhivehi culture that Anni refers to. I have tasted the dehumanising crush of the fear which your nation has been shattered by, and the bitter hatred and anger which it becomes, and I don’t even have to live there.

For you guys, who have to live there and cannot escape it, I admire and revere your ability to push on with life under such heavy oppression. You guys are really my heroes just for being able to do that.

The political system of the Maldives is a vicious, self-reinforcing cycle of fear and aggression which manifests as narcisistic power hunger.

Leaders come into power with the greatest knowledge and the noblest sentiments, yet end up being made pawns of this cycle. In a desperate bid to restore order and civility in times of chaos, pressing corruption and violence, the noblest souls become tyrants even against their own will.

Small corruption is used to fight big corruption when it seems nothing else will work, but this small corruption in turn becomes big corruption when those who use it become addicted to it and enslaved by its power.

A strong hand and an extravagant display of might (the former palace of Theemuge’) is used to crush the will of potential anarchy, but it crushes the soul of the masses in the process. It too becomes addictive.

I saw Maumoon go through all this. Maumoon was a great and profound Islamic scholar and humanist who came to power with the most liberal of intentions. Transparency, democracy, he believed he could give it all. He wanted to, but the ‘system’ got the better of him.

I still have the greatest respect and admiration for Maumoon the scholar and great liberal thinker, but Maumoon the President became the face of that vicious culture Anni is referring to, even against the will of Maumoon himself.

It is obvious that even Anni has faced an inner conflict between his grand, beautiful desire to forgive and the apparent need to resort to tyrannical measures when nothing else works to control corruption and violence.

For true justice to be done for those 111 people mentioned in the cited article, it is not only the perpetrators who must face justice, but the system itself which perpetuates this injustice must be smashed to pieces through genuine acts of sincere tauba (repentance) and sincere forgiveness.

The real enemy is not Maumoon, or his cronies, or the gangsters, no, these are only pawns of the enemy, slaves of the enemy. The real enemy is fear and hatred itself and its system. Only forgiveness can bring true justice, because only forgiveness can destroy hatred and the cycle of fear and hatred it perpetuates.

The cultural cycle has to be ended by someone forgiving, and giving love in return for hatred, as hard as that is. You can’t elevate yourself above a culture run by hatred into the realm of a culture of peace and justice, unless one makes that self-sacrifice of one’s own right to take vengeance, and show mercy, even though vengeance (justice) is your right.

This is not to say that justice must not be pursued. Yet it must be pursued in a rightful manner, even if that drags out for years. The offer of forgiveness must always be extended to those who offer to repay stolen money or make amends for their wrong doings whilst justice is being pursued. Reconciliation must be pursued at the same time justice is pursued. The quick fix tyrannical solutions to eradicating injustice, though they seem like the only way forward when a whole nation is frustrated by corruption and violence, will only perpetuate the cycle of hatred and fear.

Of course, one must be prevented from perpetrating violence by force and by protecting the public from their evil through putting them somewhere (in Aarah), but even there the focus must be on rehabilitating them and helping them heal them so they can be kind, honest people. Even if they can never be released, because they can never be safe, they must be able to find human dignity through creative expression in jail (religion, art, exercise etc…) as the whole culture must change to uplift the essential dignity and sanctity of life.

Maumoon himself has been so intoxicated over the years by this vision of himself as a benevolent and compassionate leader, that he has still not been able to actually accept that he has hurt people. To do so, to accept this, Maumoon would realize that his vision of himself is a delusion, and everything he had ever lived for would seem like a failure. However, unless Maumoon does realize this, and does feel genuine sorrow for his victims, there will never be any real healing for the victims, and the hunger for vengeance which fuels Maldivian politics will burn on.

I wish I could offer this to Maumoon.

Maumoon, you are a great soul, but please realize the truth of what your position had forced you to become. Please don’t despair Maumoon, you can still be great, by asking for forgiveness from those you have hurt. If you don’t do this, you will die a failure. If you do this, you will be the great man you had been created to be as your contribution to the healing of your nation will be greater than anybody’s.

I ask everyone to contemplate these Ayat’s:

“… They should rather pardon and overlook. Would you not love Allah to forgive you? Allah is Ever-Forgiving, Most Merciful.” (Qur’an, 24: 22)

“The repayment of a bad action is one equivalent to it. But if someone pardons and puts things right, his reward is with Allah…” (Qur’an, 42:40)

“But if someone is steadfast and forgives, that is the most resolute course to follow.” (Qur’an, 42:43)

Believers are described in Qur’an as those who “control their rage and pardon other people.” (Qur’an, 3:134)

Kindest Regards,

Ben ‘Abdul-Rahman’ 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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“If you want to sue Shafeeg, you’ll have to sue me,” President tells Gayoom

President Nasheed has promised that the Maldives Police Service will investigate claims made by local historian Ahmed Shafeeg in his book, that 111 Maldivian citizens were held in custody and tortured by the former administration.

The claims led former President Maumoon Abdul Gayoom to declare that he would file a court case against Shafeeg for politically-motivated slander.

Spokesman for the former president, Mohamed Hussain ‘Mundhu’ Shareef, did not respond to Minivan News at time of press. However the former president’s lawyer, Mohamed Waheed Ibrahim, was cited in newspaper Miadhu as saying that lawsuits would be filed “against anyone who writes anything untrue and unfounded against Gayoom”, and that all such cases so far had been won.

During a ceremony at the Nasandhura Palace Hotel this morning to launch Shafeeg’s book, titled “A Day in the Life of Ahmed Shafeeg”, Nasheed observed that the former President was not solely to blame for human rights violations.

“The [human rights] violations were not committed by Gayoom alone. A whole system committed them. The whole culture of the Maldives committed them,” he said.

Shafeeg, now 82, was held in solitary confinement for 83 days in 1995 together with three other writers, including Hassan Ahmed Maniku, Ali Moosa Didi and Mohamed Latheef.

Shafeeg contends that 50 of his diaries containing evidence relating to the deaths of the 111 Maldivians were confiscated during a raid by 15 armed men. He was ultimately released by Gayoom with without charge, and was told by the investigating officer to write a letter of appreciation to the then-President for the pardon.

The lawyer representing Shafeeg, Abdulla Haseen, said the family intended now intended to press five charges against the former president after the Human Rights Commission of the Maldives (HRCM) rejected the case, claiming it was outside the commission’s mandate.

The President added that he knew the events chronicled by Shafeeg very well.

“Back then, from 1989 and 1990 onward, I spent a very long time – three years in total – in jail. Of that I spent 18 months in solitary confinement, and nine of those months in the tin cell,” he said.

All Maldivian rulers had employed fear to govern, Nasheed said, and he had always believed that Gayoom had him arrested and tortured to serve as a cautionary tale as the former president and his senior officials were already aware of the intent of “a whole generation” to topple his government since the early 80s.

“So the decision to put me through every imaginable torture in the world from the very beginning as an example to all those people was made, in my view, not because of any animosity President Maumoon had towards me personally,” Nasheed said.

He added that Gayoom alone could not be blamed for all the human rights abuses that occurred under his watch.

“It was not done by him alone. It was a whole system that did it. It was Dhivehi tradition that did it. It was Dhivehi culture that did it,” he said.

The President said said he thought that Gayoom’s decision to take legal action against the 82 year-old historian, who has lasting physical and mental damage from his ordeal, “is going beyond the limits.”

“I ask President Maumoon very sincerely and respectfully, don’t do this,” Nasheed said. “Go to Shafeeg. Go and ask for his forgiveness. This is not the time to come out and say ‘I’m going to sue Shafeeg.’ If you want to sue Shafeeg now, you will have to sue me. That is because I will repeat what Shafeeg is saying fourfold.”

Nasheed urged the former President to seek forgiveness, as he believed Gayoom had the “foresight and learning” as well as “capability and talent”, and had made “many contributions to the country.”

Together with allegations of corruption in the former administration, such as those aired by former Auditor General Ibrahim Naeem prior to his dismissal by the opposition-controlled parliament, allegations of torture remain one of the most politically divisive topics in the Maldives.

Opinions – very strongly held – oscillate between a desire for justice and a desire to move on, a desire for revenge and a desire for reconciliation.

Given the current state of the Maldives judiciary, sensitivity of the issue and extreme political polarisation of the country, it is likely that any verdict with even a remote chance of being accepted by both sides would need to come from an international court. Shafeeg’s family have indicated that they are prepared for this course of action should legal proceedings falter in the Maldives.

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Letter on wastage

Dear Sirs/Madams

We all have seen our beloved President Nasheed personally taking part in the installation of a solar panel system on the roof of the President’s official residence, Muleeaage.

I have noticed and learned from the above how concerned the President is over our fragile environment and our fragile economy. I think Mr President is giving his beloved people of his beloved country a guideline and idea on the importance of stopping or minimising ongoing waste so that we all abstain from wastage. Wasting is indeed, prohibited (haraam) in Islam.

If we look at our local market area, we see huge quantities of vegetables and fruits that are 100 percent Maldivian products, wasted daily. I think the parent of the local market (Male’ Municipality) would know and agree with this. And again we see expatriates taking over the Maldivian job market including jobs that Maldivians could do better.

I believe that these fresh vegetables and fruits are wasted because the producers are coming from different parts of the country and cannot afford to remain in Male’ until their stuff is sold, and instead they quickly make some money and leave back home. Or they lack marketing and sales ability, so that they keep the produce at the same rate even though it goes bad.

I think a country cannot afford to let it go like this because such waste directly affects our fragile economy. So, I suggest the STO conduct a business study and tries to buy this produce from the local producers, clean it and display it at STO shops in and around Male’ area.

If it requires a subsidy, I hope the President would help STO just like the government is continuously providing subsidies to the STO for similar benefits for the country and for the people.

Also a country cannot afford to watch silently without researching why the young men and women are not taking over the Maldives job market. A responsible authority shall not say or mention that it does not give jobs for Maldivians, but very unfortunately this is a very common story nowadays. I don’t believe we can continue using cheap workers from abroad and relax. We are really facing the consequences even now.

Drugs were not an issue here some 30 years back. Can we say it’s not an issue today? We have previously seen the killing of human beings only on films, but now we see it happening live in our society today. Can we say it’s not an issue today?

We cannot afford to watch and wait until a high percentage of our local products go bad and wasted. And we cannot afford to keep using cheap workers from abroad until it becomes an issue later.

Regards
Saeed

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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Gaamaadhoo bones identified as belonging to missing inmate, says President

Human bones discovered in the site of the former Gaamaadhoo prison on September 19, 2009 matches the age and estimated period of death of Abdulla Anees, Vaavu Keyodhoo Bashigasdhosuge, an inmate officially declared missing in the 1980s, President Mohamed Nasheed revealed this morning.

Speaking at a ceremony to unveil the first volume of elderly historian Ahmed Shafeeq’s short stories at Nasandhuraa Palace Hotel, Nasheed said he was intimately familiar with Gaamadhoo prison and had wondered if the bones could belong to Anees (“Aihbalhey”) when he first heard of the discovery.

“The investigation team said the cemetery at Himmafushi was dug up and its soil was taken to the Gaamaadhoo area and these bones must have been brought from there,” he said, dismissing speculation that the bones could have been transferred from Himmafushi, the inhabited side of the island.

“I was watching with my own eyes when sand was brought from Himmafushi. I would know that it was not from that soil.”

President Nasheed spent three years in Gaamaadhoo prison for dissident journalism in opposition to the rule of former President Maumoon Abdul Gayoom.

In September 2009, the President’s Office asked police to investigate the discovery and samples of the 14 bone fragments were sent to Thailand for DNA analysis.

Nasheed revealed today that forensic examination has identified the age of the deceased, while a former prison guard, Mohamed Naeem, of Gaaf Dhaal Hoadhendhoo Muraka, has told the police investigation that Anees died in Gaamaadhoo prison.

Police have now gathered enough evidence to send the case for prosecution, he said, pledging the cases of 111 people reported as missing by Shafeeq would be investigated.

Keyodhoo Councillor Gasim Ahmed told Minivan News today that a 90-year-old man was the only remaining relative of Anees in Keyodhoo.

“I knew Anees very well,” he said. “He was playing with us when he broke his hand and that’s how he was called ‘Aihbalhey’.”

Gasim said that Anees’ father was still alive but had moved to another island.

Sub-Inspector Ahmed Shiyam said today that the investigation was still underway and details would be disclosed at a later stage.

Press Secretary Mohamed Zuhair told Minivan News at the time that the ruling Maldivian Democratic Party had voiced concern over the disappearance of inmates.

“There were allegations that some were killed in jail and buried,” said Zuhair. “There were also allegations that some people were dropped in pits where they made lime for construction.”

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Small islands reject administrative consolidation

Small island populations overwhelmingly rejected the government’s proposal for administrative consolidation and the creation of city councils at Saturday’s referendum amid a 30 percent turnout across the country.

Of 88,882 eligible voters, less than 27,000 participated in the referendum.

Provisional results show that 86 islands voted against the proposal for grouping smaller islands to form large population centres, while only 19, mostly larger islands, voted in favour.

Voting took place in 105 islands listed by the government for administrative consolidation and the creation of city councils ahead of the enactment of the landmark Decentralisation Act and upcoming council elections.

Following the evident lack of voter enthusiasm, the government has been severely criticised for inadequate efforts to raise awareness and inform voters of the benefits of the proposed administrative changes.

After a bitter year-long struggle between the government and opposition parties in parliament over the draft legislation for local governance, the Act was passed in a partisan vote in April after MPs of the ruling Maldivian Democratic Party (MDP) walked out in protest.

The dispute centred round the government’s stated policy of grouping two or more atolls to form seven provinces, which the opposition argued was unconstitutional and could marginalise less populous atolls with disproportionate representation.

While the opposition insisted that the existing division of 20 administrative atolls and the capital Male’ must be maintained, the government argued that consolidation was necessary to achieve economies of scale or cost advantages in the long run.

Saturday’s referendum was necessitated by article 136 of the Decentralisation Act, which states that islands could be grouped to form constituencies if the respective populations make an appeal to the president.

Following discussions between the two main parties before listing administrative constituencies for the council elections as stipulated by the Act, the parties agreed that a public referendum would have to decide the disputed issue of consolidation.

After the plan for combining islands was announced, opposition Dhivehi Rayyithunge Party (DRP) Leader Ahmed Thasmeen Ali criticised it as “senseless”, warning of “dire consequences for the people” should the proposed administrative changes fail.

The parliamentary majority leader also argued that “it would be highly irresponsible to spend taxpayer money” on the referendums in islands with traditional opposition to consolidation.

“Anyone who understands the politics of the different islands would understand that some of the groupings are just non-starters,” he said.

Meanwhile in his weekly radio address on Friday, President Mohamed Nasheed reiterated that developing a large number of small island units was not economically viable.

“Based on my education and experience, I see that a small unit could be developed to a particular extent, a particular limit,” he explained. “When that limit is reached for the small unit, there is very little that can be done.”

Referring to the islands Inguraidhoo, Kinolhas and Fainu in Raa atoll, separated by four nautical miles, Nasheed argued that the administrative consolidation would create a population centre of over 2,500 people.

“When the government as well as aid agencies and well wishers look to help, it is likely that more attention will be given to an island where 2,500 people live than an island with a very small number of people,” he said.

A larger budget could therefore be earmarked for the new constituency, he added, allowing for large scale operations to provide utility services, such as one powerhouse for three islands.

Of the 105 islands where voting took place, the proposal was endorsed by Alif Alif Mathiveri, Alif Dhaal Maamingili, Thaa Omadu, Baa Dharavandhu and Goidhu, Haa Alif atoll Baarah and Thakandhu, Haa Dhaal Finey, Noonu Kendhikulhudhoo, Raa Inguraidhoo and Rasgethymu, Shaviyani Fonadhoo and Milandhoo.

The Elections Commission (EC) is expected to announce the official results tonight.

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NGOs and parents protest against education sector outside president’s residence

A coalition of NGOs have begun a series of protests outside the President’s residence to express disapproval of the education sector of the Maldives.

A spokesperson for the NGO coalition, Ibrahim Moahmed, told Minivan News that the protesters waited peacefully outside the presidential residence over the weekend to express their disapproval of the education minister and his policy.

“There were parents, NGOs and other concerned people of the nation regarding numerous issues concerning the education sector,” said Ibrahim. “A person came from inside and told us we would get an appointment with the President tomorrow, and we all dispersed.”

Ibrahim said the NGO coalition consisted “of 127 NGOs.”

“50-60 people joined the protest,” he said.

The Education Ministry’s move towards co-education across all schools in the Maldives – currently only four are single sex – has drawn considerable consternation from many religious conservatives. Education Minister Dr Mustafa Luthfy is again in the spotlight after protests were held outside his house earlier this year following a proposal from the Ministry’s steering committee suggesting that Islam and Dhivehi be made optional at A-level.

Currently only 2000 of the 10,000 students who sit O-levels each year pass enough subjects to continue to A-level studies. This troubling statistic, identified by Luthfy as one of the country’s key social problems, results in approximately 8000 disaffected 15-16 year-olds released onto the streets annually, with little hope of finding a job until they turn 18.

More recently a debate has been sparked over the merits and demerits of co-education.

Referencing “a World Health Organisation (WHO) report”, Ibrahim claimed that a rising number of sexual relationship “is more concerning for the Maldives than the issue of illegal narcotics.”

He noted that the NGO coalition had sought to file the issue of co-education with parliament’s national security committee today.

The NGO coalition says they have highlighted 22 issues concerning the education sector.

On 4 October, the Adhaalath Party said the government’s new co-education policy was “a failed Western concept inconsistent with the teachings of Islam.”

On the next day, religious NGO Jamiyyathulsalaf called for the resignation of Education Minister Dr Musthafa Luthfy, and claimed that Arabiyya was the only Maldivian school with an adequate education policy.

In the same strain, the minority opposition party People’s Alliance (PA), led by the former president’s brother MP Abdulla Yameen, strongly condemned the idea of introducing co-education.

Press Secretary for the President Mohamed Zuhair did not respond to Minivan News at time of press.

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Judicial Service Commission sued for negligence, says its decisions “affect only judges”

Judicial Service Commission (JSC), the constitutionally mandated body responsible for ensuring the standards of the nation’s judiciary, has said its decisions have a direct effect only on judges.

The JSC was defending against allegations of professional negligence made by Treasure Island Limited at a Civil Court hearing today.

“Treasure Island is not directly affected by the JSC decision not to investigate the complaints it made against the judges, and therefore, does not have any legal right whatsoever to bring a case against the Commission”, the legal representative for JSC, Abdul Faththah, told Judge Mariyam Nihayath.

Treasure Island has alleged that the JSC failed to execute its responsibilities by neglecting to investigate three complaints submitted in 2009. The JSC has a special sub-committee of five members, set up specifically to investigate complaints against the judiciary.

The complaints of misconduct concern two judges – Judge Ali Naseer and former Supreme Court Justice Mujthaz Fahmy, also former head of JSC. At the time Treasure Island made the complaints to the JSC, Justice Fahmy was the Comission’s deputy chair.

The cases in which Treasure Island complained of misconduct by judges involve some prominent members of the tourism industry, including the Ministry of Tourism, and a sum of money amounting to over a million US dollars.

Treasure Island complained to the JSC that Judge Ali Naseer wrongfully excluded the company’s evidence from a 2008 case in order to rule against it.

It told the JSC that at another hearing, then chief Civil Court Judge Fahmy threw out a Treasure Island case by calling an emergency sitting at 9:00pm on the evening of 14 May 2008.

Treasure Island complained that although it was summoned to the hearing, the defendants were not present when Judge Fahmy dismissed the case.

The JSC argued at today’s hearing that the constitutional right of every person, group or member of a community directly affected by administrative action to take the matter to court did not apply to Treasure Island.

“It is only the judge against whom the Commission takes disciplinary action that will be affected by the action and not Treasure Island,” Faththah argued. “Therefore, Treasure Island does not have any legal right to bring the matter to court”.

The JSC also denied the allegation that it had refused to investigate the complaints made by Treasure Island, and submitted to court a copy of its reply to the company’s first complaint. The one line response dated 28 July 2009 stated: “This is to inform you that we do not see anything in your letter to which this commission needs to respond.”

The JSC’s response to the second complaint, in August 2009, was to say that it was neither its responsibility nor within the mandate of the JSC to investigate the ruling of a judge, and reminded the complainant of appeal mechanisms available to anyone dissatisfied with a decision of the court.

In today’s hearing, the JSC’s Legal Officer, Faththah told the court that both the constitution and the JSC regulations state unequivocally that it has the choice to ignore any complaints that it does not see as valid or genuine.

The criteria for what constitutes a valid or genuine complaint is not defined in either document, and is left to the discretion of JSC members.

“To describe the commission’s decision to exercise a legally sanctioned choice as illegal is an allegation with no basis in law,” he told Judge Nihayath.

Article 163 of the Constitution also stipulates that any decision of the JSC “shall be taken by a majority of the members present and voting”. The JSC’s submission to court today did not refer to the stipulation, nor did its responses to Treasure Island make it clear that the decision not to investigate the complaints were made in the required manner.

Minivan has learned that 118 complaints against the conduct of judges have been made at the Complaints Committee of the JSC this year alone. Not one of the complaints have been investigated.

A meeting of the Committee was scheduled for 6 October 2010, a day ahead of the Treasure Island hearing in court. The meeting could not go ahead as planned, however, as only two members attended. Three members are required to attend before a meeting can be held.

Minivan has also learned that yesterday’s meeting was the first one scheduled by the Complaints Committee in the last five months despite the large number of complaints pending.

Treasure Island today refused an offer of an out of court settlement made by the JSC. Director Ali Hussein Manik told Judge Nihayath that he was tired of “going again and again to the JSC” and that he wanted a decision of the court.

Judge Nihayath adjourned the case until 17 October 2010, agreeing to a request by Manik to give him time to consider JSC’s submissions today.

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Letter in defence of Luthfy

Dear beloved citizens of Maldives,

I have been seeing these accusations against the Minister of Education Dr Mustafa Luthfy and just could not stand still.

When a person is accused of such delicate issues like going against the religion or making little children move away from our religion it becomes a serious matter.

I was in the education sector in the previous government for more than 15 years before this government came into power. Speaking as a person who loves the education sector, I can say that the present Education Minister has brought more changes for its betterment than any others I have seen.

I am not in any political party and I do not support any party. I just do not believe that a person who works for the betterment of our children will stray from the path of our religious views.

Dr. Mustafa has brought so many positive changes to the education sector, and this can be seen in the schools. He loves the students. That is apparent in everything he does. It is sad to see people who do not have any interest in seeing the insides of the schools speak so openly in a negative manner.

If these people had any interest in creating a better religious youth, why not get all the youth who are hanging around each and every road corner and teach them something? Why not get them actively involved in social activities? Why not invite themselves into the schools and observe the classes? Why not do something practical without just defaming the character of a good man? If co-education was bad then why was it practiced in Maldives all these years? This is not something new which is being introduced. It has been practiced for years and years. Please remember that.

I call these people who so vehemently speak against co-education to stop and think before saying something. Please do not teach our children to dislike others. Do not create hatred in the minds of our children. Let them grow up to be multi-talented, hard working, honest and highly educated children.

Please think twice before you take these steps. Please do not use our children to make a name for yourselves.

I take this opportunity to thank the Minister of Education for his hard work and dedication. We are with you Dr Mustafa. Go forward with your head held high. You have done nothing of which to be ashamed.

With kind regards,

Mohamed

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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MPs clash over signing Convention on International Criminal Court

MPs clashed over signing the Rome Statute of the International Criminal Court (ICC) at a rancorous debate during yesterday’s sitting of parliament.

While MPs of the ruling Maldivian Democratic Party (MDP) used the debate time to condemn the “unlawful and authoritarian” practices of the previous government, opposition Dhivehi Rayyithunge Party-People’s Alliance (DRP-PA) MPs accused the current administration of disregarding rule of law and negating parliamentary oversight.

Following an hour-long debate, a motion to send the matter to the national security committee for further consideration, proposed by DRP MP Dr Abdulla Mausoom, was carried with 61 votes in favour and four against.

The issue was sent for parliamentary approval by President Mohamed Nasheed in accordance with article 93(a) of the constitution, which states that, “Treaties entered into by the executive in the name of the state with foreign states and international organisations shall be approved by the People’s Majlis and shall come into force only in accordance with the decision of the People’s Majlis.”

“Torturers”

MDP Parliamentary Group Leader “Reeko” Moosa Manik said the purpose of the international criminal court was to “arrest torturers like Maumoon [Abdul Gayoom], people like Ilyas Ibrahim [brother-in-law of the former president] who stole state property and funds, and Attorney Generals like Hassan Saeed who tried to hide it.”

Moosa compared legislation voted through last year to afford privileges and protection to former presidents to laws enacted in Serbia to protect war criminals.

The former president and his brother-in-law, along with former National Security Services senior officer “Isthafa” Ibrahim Manik, he continued, numbered among “the worst torturers in the country’s history.”

Moosa accused former Attorney General Hassan Saeed, leader of the minority opposition Dhivehi Qaumee Party (DQP), of unlawfully arresting and jailing peaceful protesters on August 12 and 13, 2004.

Further, he speculated that the current administration was “incapable of touching [the issue of the former government]” because people involved in the purported crimes were in the new government as well.

He added that “suckling babes” in parliament who “jump up to defend [senior officials of the former government]” would not be able to understand the “feelings of torture victims”.

Moreover, he argued, numerous custodial deaths and brutal torture in prisons exacerbated the national crises of drug abuse and corruption, adding that the new government would go the same way if “action is not taken now.”

Following Moosa’s tirade, DRP MP Dr Abdulla Mausoom accused the MDP government of formulating policies only to “benefit certain people”, which he argued could be “considered a crime in international courts.”

DRP MP for Mid-Henveiru Ali Azim insisted that parliament needed time to carefully study the documents sent over by the president’s office, containing legal advice from the Attorney General, before reaching a decision.

Islamic principles

Minority opposition People’s Alliance (PA) MP Abdul Azeez Jamal Abubakur meanwhile noted that the absence of the United States and most Islamic countries from the list of signatories “raises some questions”.

Referring to article 7.1(h), which deals with persecution of minorities, Independent MP Ibrahim Muttalib argued that parliament should consider whether some articles of the convention were in conflict with Islamic principles.

“This article talks about discrimination,” he cautioned. “Today, international parties consider as discrimination the fact that people of other religions don’t live among us; the fact that we don’t have gay marriage. This is something we have to think about.”

Muttalib added that he was “certain” that secularists and followers of other religions in the Maldives would “come out openly after this convention is signed and start working for their rights.

“Those amongst us today who want gay marriage, once this convention is ratified, will begin work on getting married,” he continued. “We are certain that there are people among us who are scared of our religious scholars and rebuke them. They will make use of this court and begin work against the scholars.”

Vili-Maafanu MP Ahmed Nihan agreed that Maldivian citizens would “surely” take the government to the ICC “saying the government did not allow us to have gay marriage.”

Controversial religious scholar Dr Afrashim Ali, DRP MP for Ungoofaru, meanwhile warned that such conventions could be used “to shatter Islamic principles” and defame individuals “outside the bounds of law”.

Afrashim insisted that the convention should not be signed if it could lead to “the construction of temples here under the name of religious freedom.”

Moreover, Afrashim reprimanded MDP MPs for leveling serious accusations at the former president, pointing out that he had never been convicted of wrongdoing in a court of law.

DRP Deputy Leader Ali Waheed attacked the government for refusing to enact legislation passed by parliament, such as the amendments to the Public Finance Act, which was passed for a second time after the president vetoed the bill.

Independent MP Ahmed Amir suggested that consultations should take place with stakeholders in the judiciary before parliament makes a decision.

Vilifushi MP Riyaz Rasheed of DQP questioned the President’s motive for proposing the matter to parliament.

Referring to the People’s Court protests carried out by the MDP, Riyaz insisted that parliament should pass a law before signing the convention to specify the circumstances under which a Maldivian could be tried at an international court.

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