Category: Politics

Comment: Toothless Civil Society

When a people’s liberties are suspended whenever there is an emergency, there is a word for that: dictatorship. There is a line between democracy and dictatorship – and over the course of the last week we came dangerously close to stepping over it.

Not necessarily because of the President’s actions, the incarcerations, or the now common place parliamentary upheaval, but because those who should have spoken out remained silent.

Yes, you in the civil society need to raise your voices. Raise your voices to demand explanations, protest abuses, and safeguard the right to criticise a sitting government.

Instead of raised voices, however, we have only heard silence. And this started from the moment this affair began. The President’s office holds a press conference where the entire cabinet resigns, the President asserts his supreme authority to find justice, and what does the media say? Do they question the legitimacy of the action? Do they ask what this will mean for the peace in this nation? Or even whether the government expects demonstrations in retaliation and how the President (now the only civilian authority over the police and army) will respond?

No. They stay silent. Well, practically silent. The hardest hitting question was “does this mean your government is a failure?”

Really? Good job guys.

But who can blame the fledgling media groups in this nation. Unaccustomed to true democracy, they are not the ones who are directly tasked with protecting and asserting our democratic rights and ensuring this transition from autocracy to democracy actually works out. Who does this benevolent task fall to?

Civil Society

Organisations such as Transparency International, Democracy House, Open Society Association, and the newly renamed Maldivian Democracy Network all claim to safe guard democracy.

To work for its betterment – and yet civil society remained silent. Even Jamiyathul Salaf, who seem to have religious edicts about everything, stayed silent.

We have seen allegations of corruption first leveled by the executive branch against the legislative branch and then visa versa. We have not only seen wire-tapping where private conversations were recorded without warrants and outside of due process, but also seen them leaked to the public, indicating that civilian/partisan individuals had access to them.

We are witnessing a power struggle between executive and legislative branches with neither side realizing that they are both part of one government. And we see a judiciary that is caught in the middle and being accused of being susceptible to political influence.

We see the army working side by side with the police in the capital, outside of their mandate. We see all the things that would be any democracy fighter’s dream. The perfect excuse for a civil society group to put their two cents in, allowing them to claim they are meeting their own mandates. But instead we have silence and even some amount of fear.

The Fray

Civil society seems to be afraid of jumping into the fray. Of being labeled as being inclined towards one political party or another. Instead they give no comment and it is not hard for one to come up with excuses for why they should not comment at all.

Firstly, everyone must realise that this is a highly charged political atmosphere where any statement at all will be seen as aligning with one group or another.

Secondly, no formal charges have been brought against the three Members of Parliament (MPs) who have been detained. Instead, all that we have seen is allegations being flung about – none of which are easy to comment on.

And finally the questions: can’t there be levels to democracy? Where we move gradually towards it? After all, have any laws actually been broken?

The Other Side

The argument could be made however, that one cannot wait to evaluate. That civil society organizations are supposed to have principles and ideals that they adhere to above all others. And unlike political parties who can take time to organize, reflect, and adjust their values – civil society act on the basis of whether their values have been violated or not.

Does the MNDF’s involvement in everything that transpired adhere to their values? Was it okay for the MNDF to send a letter explaining why MPs could not go to Parliament in clear violation of their constitutional rights?

Was there any risk assessment that was done? And is there any level of alertness that we should be on? Do they have any questions about people’s conversations being tapped? Who else is being targeted? How does this feud between the executive and legislative affect the people? And who is responsible for failed policies?

My point is not that the executive branch has acted inappropriately, but rather that they have not been sufficiently grilled by the right people. My point is that civil society is an important part of our democratic transition, and right now they are slacking off.

I’m sure the government could post adequate answers to the questions posed, but my point is that the questions need to be asked in the first place from the right actors.

One Government

And it is also about more than just the executive branch. The civil society is responsible for explaining and helping us to define our government’s role. They are also responsible for reminding us that both legislative and executive branches are part of one government and that the failure of one aspect will make all of it fail.

We are in desperate need of this reminding. I walked out onto my balcony day before yesterday to watch protesters with underwear on their heads, supporting the arrest of our Deputy Speaker of Parliament – Ahmed Nazim.

These are protests that the nation believes is sanctioned by the executive branch. And they had underwear on their heads.

Forget the man for a second, and realize that Nazim is the Deputy Speaker of Parliament. He is third in the line of succession for the Presidency. And while it would be a black mark on our country’s record to have him in this position if he is in fact guilty of all that is accused of him, we cannot assume guilt. We cannot disrespect the office the people of this nation gave him. And we cannot forgo all measures of dignity and justice.

We are one government and should all be held accountable. And you, civil society, need to step up your game and live up to your values. Democracy’s survival is in your hands, and if it fails you will share the blame.

http://www.jswaheed.com

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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Police arrest deputy speaker after 12 hour siege

Police today arrested Deputy Speaker of the Parliament and People’s Alliance (PA) MP Ahmed Nazim, after laying sieging to his house for half a day.

According to the warrant issued by the court this afternoon, police are seeking to question Nazim on matters concerning bribery, attempting to influence and threaten independent commissions, and attempting to physically harm political figures.

Police waited outside Nazim’s house from 11:00pm last night in an attempt to take him into questioning, but he remained inside. After several attempts by police to obtain a warrant, the court this afternoon issued a warrant for police to enter Nazim’s house without his permission.

Newspaper Haveeru reported that Nazim was taken to Dhoonidhoo police custodial.

A police spokesman said that police have been trying to summon Nazim for days regarding the investigation of a case reported to police.

”We last night informed the Speaker of the Parliament (Abdulla Shahid) that police needed to summon Nazim and had tried to take him [in for questioning], but Nazim did not co-operate with the police,” he said. ”He is now under police observation.”

He said that Nazim was “not arrested but summoned”.

Police recently arrested People’s Alliance (PA) leader Abdulla Yameen Abdul Gayoom and Jumhoory Party (JP) leader Gasim ‘Buruma’ Ibrahim on charges of bribery and treason, after the case was reported to police by the President’s Office.

Days afterwards, several recordings believed to be of MPs discussing the sale of political influence and obstruction of bills were leaked to the media.

”The leaked audio clips were edited versions of the real clips,” claimed DRP MP Ahmed Nihan. ”They edited it in a way that they can achieve what they wanted.”

Local media have claimed that one of the voices in the leaked audio clips was Nazim’s.

DRP MP Ahmed Nihan however condemned the arrest of the PA MP.

”This is what the government does to threaten the opposition,” said Nihan. ”He threatens the opposition leaders and MPs physically and mentally.”

Dhivehi Rayyithunge Party (DRP) MP Ahmed Mahlouf said he ”always knew that dictator’s Nasheed’s actions would be like this.”

”Right after the peace talks [mediated by US Ambassador Patricia Butenis and more recently, Sri Lankan President Mahinda Rajapaksa] concluded, police went to arrest Nazim,” said Mahlouf. ”President Nasheed tries to solve problems by creating them.”

Mahlouf said that arresting Nazim “was like arresting the Vice President.”

”President Nasheed is very dangerous. I would do not think he would be afraid to shoot people either,” Mahlouf added.

Nihan claimed the government was now expecting opposition parties to hold demonstrations that would deteriorate the situation of the country further, in order to charge more opposition leaders and MPs.

”President Nasheed will be behind everything,” Nihan said. ”MDP is a party that never respects their words and their pledges.”

He said that the ‘new’ cabinet reinstated yesterday was unlawful and that the parliament would not approve some of the ministers.

Yesterday the President’s Press Secretary Mohamed Zuhair claimed the wording of the constitution was such that parliament was only required to assent to a cabinet as a whole, and was not required to endorse individual ministers.

In a joint press statement this morning, the Nasheed and Sri Lankan President Rajapaksa said the government and the opposition had agreed to constitute a six member Majlis committee “to carry forward a dialogue addressing such pressing issues as the appointment of the cabinet of ministers and the smooth functioning of the legislative process.”

Nazim chairs the parliamentary finance committee, which was at loggerheads with the Ministry of Finance over additions parliament made to the budget, such as the restoration of civil servant salaries.

Nazim also put forward a motion to dismiss former Auditor General Ibrahim Naeem, after he was accused of corruption by the Anti-Corruption Commission (ACC) for using the government’s money to buy a tie and visit Thulhaidhu in Baa Atoll.

Naeem claimed the charges were an attempt to discredit his office and prevent him from reclaiming the government’s money stored in overseas bank accounts.

“A lot of the government’s money was taken through corrupt [means] and saved in the banks of England, Switzerland, Singapore and Malaysia,” Naeem had claimed two weeks prior, announcing a financial audit of all current and former ministers.

Nazim the previous week had pleaded not guilty to charges of conspiracy to defraud the former ministry of atolls development while he was Managing Director of Namira Engineering and Trading Pvt Ltd.

Both Nazim and Speaker of the Parliament DRP MP Abdulla Shahid did not respond to Minivan News at time of press.

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HRCM “expresses concern” that media is disrespecting people’s privacy

The Human Rights Commission of the Maldives (HRCM) has expressed concern that the media has been publishing “personal telephone calls” and “other types of private conversation” between people.

HRCM issued a press release noting that article 24 of the constitution says that ‘everyone has the right to respect for his private and family life, his home and his private communications, and that every person must respect these rights with respect to others.’

‘’We have noted that this causes people to hesitate before conducting private conversation,’’ said the statement.

“[Furthermore] article 52 of the constitution says that no evidence shall be obtained by unlawful means.’’

The statement said that under article 18 of the constitution it was the responsibility of the state to protect the rights and freedom of the people.

“All the medias should provide information in a manner that will not disrupt the humanitarian sanctity and honor of any person,’’ the commission said. “We call on the media to use the freedom of press according to the laws with responsibility.’’

Recently telephone conversations believed to be voice of MPs discussing the sale of votes for political influence were promulgated through the local media.

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President reinstates cabinet, awaits parliament’s consent

President of the Maldives Mohamed Nasheed has reinstated his cabinet ministers in a signing ceremony before Chief Judge of the Civil Court, Ali Sameer, following their mass resignation on June 29, in protest against what they claimed were the “scorched-earth politics” of the opposition-majority parliament.

The only cabinet reshuffle concerned Mahmoud Razee, former Minister for Transport, Civil Aviation and Communications, who was moved to the post of Minister of Economic Development. His former portfolio remains open.

“Cabinet decided to stick together on the issue and resign, to show they are not hell bent on the salaries and niceties of their positions and to prove they want to do good work for the country,” Nasheed claimed.

Following the reinstatement of his ministers, President Nasheed denied the week-long resignation was a publicity stunt for political gain.

“We had to make everyone aware of the gravity of the situation,” he said. “Cabinet members have been complaining about corruption in parliament for some while, [particularly] vote buying.”

“We were last week able to investigate the matter, and I expect police to pass the findings of the investigation to the Prosecutor General’s Office within the next 10 days,” he added.

The ‘new’ cabinet now requires parliamentary consent before resuming office. The President’s Press Secretary Mohamed Zuhair confirmed the government had been delaying the reinstatement until it received signs of cooperation from the main opposition party.

Zuhair acknowledged the strategy was “risky”, an observation confirmed by DRP Deputy Leader Umar Naseer, who claimed “there are definitely ministers that the DRP will not approve, and will have to leave the cabinet.”

Zuhair however noted that the wording of the procceedure according to the Constitution was different to the appointment of the heads of independent commissions.

“Parliament is only required to ‘consent or not to consent’ to the [whole] cabinet,” he explained. “Even if the opposition is factionalised, if we get 7-8 MPs on our side the motion will be carried.”

President Nasheed has met opposition party leaders alone in a meeting on Monday evening mediated by US Ambassador Patricia Butenis, including leader of the majority opposition Dhivehi Rayyithunge Party, Ahmed Thasmeen Ali.

President Nasheed today said that while Thasmeen had not explicitly agreed to cooperate in the meeting, “individual DRP MPs have called me, and said they do not wish the government and parliament to remain deadlocked.”

He said the MPs had claimed they did not wish the entire institution of parliament “to be affected by the actions of individual MPs.”

Foreign embassies and international agencies have been nervously eyeing the seemingly erratic behaviour of the country’s administration, fearing a step backward following its democratic transition.

Yesterday Sri Lankan President Mahinda Rajapaksa also arrived in the country, in a surprise visit on the invitation of President Nasheed to help resolve the political deadlock. He has already met with Thasmeen and former president Maumoon Abdul Gayoom, at his residence Maafannu Aliwaage.

Thasmeen did not respond to Minivan News at time of press.

Photo: Umair Badeeu

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“Here’s some cash”: Kulhudhufushi islanders open charity box for MP Nasheed

Kulhudhufushi islanders have launched a charity fund box to help their elected MP Mohamed ‘Kutti’ Nasheed, an independent member of parliament, after he admitted it was his voice saying ”I need some cash” to Jumhooree Party (JP) leader Gasim ‘Buruma’ Ibrahim in a leaked audio clip.

Gasim is currently under house arrest while he is investigated by police for vote-buying and treason.

”We felt pity for our MP Mohamed Nasheed after hearing the leaked audio clip,” said Mohamed Naeem, a Kulhudhufushi islander who heads the group that opened the charity box.

”When he first asked Gasim about his financial condition, we thought that Nasheed was about to help Gasim. But then we heard he was running low financially himself and was in need of some cash.”

Naeem said the group of islanders did not wish their MP to be begging people for money, and had set up a charity box on the beach of the island for everyone to put money in to help Nasheed.

”We do not like the way he begged,” he added. “We heard him saying that he would send someone somewhere to pick up the money in case people might see.”

”We will keep the box open until 6:00pm on Saturday, and then we will open it and count the money,” Naeem said. ”Then we will hand all the money to Nasheed’s office, and if they refuse to deliver the money to him, we will send it to him directly.”

Many people on the island had already walked down the beach to the box and were putting money in it, Naeem said.

”We are not a NGO, not even anybody from the island office – we’re just normal islanders,” he added.

As an elected member of parliament, Nasheed receives Rf62,500 (US$4864) per month from the State.

Nasheed was not responding to calls at time of press.

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241 committee cancels confidential meeting with police and defense chiefs

Parliament’s ‘241’ security services oversight committee has canceled a confidential meeting that was to be held today, after summoning Police Commissioner Ahmed Faseeh and Chief of Defence Force Major General Moosa Ali Jaleel for questioning over their handling of the current political deadlock.

Commissioner Faseeh was to be summoned at 4:30pm and the Major Jaleel was to be summoned at 6:30pm, but the the committee concluded its meeting the moment it started.

Maldivian Democratic Party (MDP) MP Ahmed Shifaz said that the committee meeting was cancelled on a request by MDP MPs.

“Because there are two MPs charged with criminal offences, we recommended the committee cancel the meetings,” said Shifaz. “It does not make much sense when two MPs accused of criminal offences summon the Police Commissioner and Chief of Defense in order to question them.”

Jumhooree Party (JP) MP Gasim Ibrahim and People’s Alliance (PA) MP Abdulla Yameen were charged last week for bribery and treason and are currently under house arrest while police investigate the matter.

Parliamentary regulations state that detained MPs must be released to attend parliamentary proceedings and committee hearings, and initial attempts by police to retain them in custody were overruled in the High Court last week.

As Gasim and Yameen are members of the opposition-led parliamentary committee, they can thus be temporarily freed to question their captors, who, according to article 98(a) of the Constitution, “must respond under oath truthfully to questions put to them and to produce documents, required by the People’s Majlis relating to the due performance of the obligations and responsibilities of such person.”

Dhivehi Rayyithunge Party (DRP) MP Ahmed Mahlouf said MDP MPs invaded the meeting and disrupted it.

“They first removed the board on the outside wall of the committee room,” said Mahloof. “Then they all went inside the room and disrupted the meeting.”

Mahlouf said that most of the MDP MPs who disrupted the meeting were not members of the committee.

A small gathering of MDP supporters gathered outside the parliament prior to the start of the the meeting.

Members of the committee include DRP MPs Ali Waheed and Yousuf Naeem, People’s Alliance (PA) MPs Abdulla Yameen and Moosa Zameer, Jumhooree Party MP Gasim Ibrahim, Independent MP Ibrahim Riza, and MDP MPs ‘Reeko’ Moosa Manik, Alhan Fahmy and Mohamed ‘Colonel’ Nasheed.

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Comment: IMF stabilisation program threatened if Majlis ignores tax bills

The current majority of members in the Maldives Majlis have been cynically irresponsible in their handling of financial legislation.

Though they have found the energy to pass detailed amendments to the Finance Act which threatens to create administrative chaos and undermine the constitutional powers of the executive, they have ignored two tax bills – the Tourism Goods and Services Tax, and the Business Profits Tax.

These two bills are a vital part of the IMF program that stabilises the economy and keeps the country from bankruptcy.

The tax bills have been buried in the ‘Whole of Majlis’ committee for around a year, and it is obvious the members are not interested in passing them.

The sensational phone recordings released this week featured Majlis member Mohamed ‘Kutti’ Nasheed reading out a plan to ‘fast process’ the Financial Act Amendments bill and no-confidence motions, and  “cease all work on the tax bills submitted by the government to the Majlis”.

It is unlikely the IMF and international banking groups will tolerate this situation for much longer without a downgrading of the country’s credit rating, especially now the tax bills’ delay has become associated with high levels of corruption in the Majlis.

The IMF is not a benign charity. It is a hard-nosed organisation quite capable of taking action against countries that take its money and fail to keep their promises and obligations.

Unless a better taxation system is established in the Maldives, international bankers may pull the loan plug, and the public sector and lower income groups in the population will both experience job losses and extreme financial hardship.

The blame for this potential economic disaster will rest squarely on the Majlis members who the people elected in 2009.

The latest IMF report for Maldives criticises the high public sector wage bill that is “very high by international standards”, and the low tax rate for its tourism sector, which the IMF says “remains well below international standards”.

Maldives’ hotel tax rate is one of the world’s lowest, well behind India, Sri Lanka, Philippines, Indonesia, and other comparable tourist destinations such as Dominica, Fiji, Barbados, Mauritius, Costa Rica, Vanuatu, Bahamas, Seychelles, Tahiti, and Jamaica.

Most of the profits from the tourism sector go to wealthy men and families who are often members of the Majlis and/or owners of media companies. The dreaded word ‘tax’ is rarely heard in the political discussion programs that dominate Maldives’ radio and television. Print and internet website news organisations also avoid the subject of tax. Serious informative articles on economics and business are impossible to find.

Significant government tax revenues will undermine the present system of patronage and corruption that permeates Maldivian society. People’s loyalties would shift away from wealthy men towards the government, which will be able to provide pensions, subsidies, adequate salaries and health care. These are the foundations of a just and fair society.

The Majlis majority who are refusing to pass tax legislation are acting against the best interests of the people and threatening the independence and national security of the country.

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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Police investigate leaked audio clips

The Maldives Police Services has begun investigating the leaked audio clips of suspected telephone call conversations believed to be the voices of Independent MP Mohamed ‘Kutti’ Nasheed, People’s Alliance party (PA) leader and MP Abdulla Yameen Abdul Gayoom and Jumhoory Party (JP) leader and MP Gasim ‘Buruma’ Ibrahim, confirmed Press Secretary for the President, Mohamed Zuhair.

On July 4, three recordings of discussions between MPs referring to other MPs and officials, including a plan to cease work on the tax bill in the parliament, appeared on the internet and scandalised the Maldivian media.

Zuhair said he met with police officers this morning and that police informed him the investigation was progressing.

“The audio clips also raise issues of threats against the Anti-Corruption Commission (ACC),” Zuhair added.

A corruption case presented to parliament against former Auditor General Ibrahim Naeem was instrumental in ousting the AG in vote of no-confidence, days after he publicly demanded a financial audit of all current and former ministers.

Police Sub-Inspector Ahmed Shiyam said that police received the audio clips through the media and that they would be analysed and investigated.

“Police do not record the telephone conversations of people,” he claimed, but declined to provide further information.

Aishath Azima Shukoor, former Attorney General and a member of the legal team defending the detained MPs, noted that article 24 of the constitution promised “respect to personal communications” and that recording a personal telephone call was “unlawful according to the constitution, and that any evidence collected unlawfully cannot be presented to court as an evidence.”

“The audio clips would be inadmissible,” said Shukoor. “I do not believe that media can broadcast the audio clips either.”

Groups of pro-government demonstrators have been playing the clips through loudspeakers outside the court proceedings.

Dhivehi Rayyithunge Party (DRP) MP Ahmed Nihan recently told Minivan News that there was an MNDF officer who’s duty was to operate a telephone call recording machine.

“He records our telephone calls and handles it to (former) Defence minister Ameen Faisal,” said Nihan.

Dr Hassan Saeed, who is also a former Attorney General and member of the opposition leaders legal team, said he was busy and unable to comment to Minivan News at time of press.

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US Ambassador mediates between President and opposition parties

President Mohamed Nasheed met last night with four of the country’s opposition parties, in a meeting arranged by US Ambassador Patricia Butenis to try and resolve the current deadlock between the executive and the legislature.

The US Ambassador recently attended the July 4 Independence Day celebrations at the Holiday Inn in Male’, organised by the Embassy. During the event, President Nasheed addressed Speaker of the Majlis Abdulla Shahid, saying he “is an honest man. We may have issues but I would like to work with him.”

Last night, representatives from the People’s Alliance (PA),Dhivehi Quamee Party (DQP), Jumhooree Party (JP), along with Deputy Speaker Ahmed Nazim and leader of the Dhivehi Rayyithunge Party (DRP) Ahmed Thasmeen Ali, met the president in a private meeting.

The President attended the meeting alone “and kept his own minutes”, a senior government official said.

Spokesperson for the US Embassy in Colombo, Jeffery Anderson, later confirmed that Ambassador Butenis arranged the meeting “between the President and the main opposition party”, but provided no further information.

Foreign embassies and international bodies have been eyeing the Maldives nervously ever since Nasheed accepted resignation letters from his cabinet in front of the media last week, fearing his actions could signal a reversion of the country’s nascent democracy.

Political Advisor for the President Hassan Afeef has confirmed the meeting took place, but would not discuss further details.

The President reportedly met DRP MP and Parliamentary Speaker Abdulla Shahid on an earlier occasion. Shahid said he did not attend last night’s meeting, and Thasmeen was not responding to calls at time of press.

Press Secretary for the President, Mohamed Zuhair, meanwhile claimed that “a new cabinet” will be established once the government has overcome the problems it faced.

“The cabinet resigned after accusing parliament of having a spirit of altering votes in exchange for money, and felt they were obstructed in their duties by the Majlis,” he said.

Under Secretary for the President’s Office, Ibrahim Rasheed, said that “corruption cannot be solved by discussing it with people who have already committed it.”

He also said that the government was “ready to discus and solve the issues” and called on the political parties to cooperate with the government in its effort to eliminate corruption.

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