Category: Society & Culture

Comment: When Humpty Dumpty falls

When a traffic policeman raises his hand, encased in neat white gloves, all traffic automatically comes to a halt.

Obedience is ingrained in us. We barely stop to think why. Had it been otherwise we would no doubt be in the middle of a perpetual traffic jam.

When a policeman raises his hand, it is not a simple gesture of someone lifting his hand. Behind the gesture lies the authority of the people, a functioning system, an elected government and the goodwill of the masses. The combined moral authority of the people are reflected in that simple gesture.

Today, life is no longer simple anymore. Until February 7, 2012, the Maldivian people lived with the assurance that their interests were represented by a government elected by the majority; that the people’s will was reflected in the way they were governed. Everything turned topsy-turvy on February 7, when President Nasheed resigned office and his Vice President Dr Mohamed Waheed Hassan Manik assumed the mantle of government.

The transition of power would not have caused ripples or raised eye-brows unless the very next day President Nasheed claimed that he had resigned under duress. His resignation had been forced.

In the light of President Nasheed’s statement and after a clear look at the events leading to his ‘resignation’, it wasn’t difficult to believe that indeed Nasheed’s resignation was coerced. What followed afterwards – the appointment of Nazim as the Defense Minister and Abdulla Riyaz as the Police Commissioner – removed any reservations to the contrary.

The security forces – comprising of the Maldives Police Service and the Maldives National Defense Force (MNDF) were instrumental in forcing the President’s resignation. All the circumstantial evidence combined with the data compiled by the media further confirmed Nasheed’s allegations.

All doubts were removed when former police sergeant and Acting Deputy Leader of the PPM, Umar Naseer – known to friends and foes alike as a weapon of mass destruction –  blatantly confirmed his active involvement in the overthrow of Nasheed’s government on national TV – “spilling the beans”, as CNN aptly defined it.

During his three years in office President Nasheed worked hard to deliver on his election pledges. He was a symbol of hope for the downtrodden masses whose cause he championed. For 30 years the Maldivian people had lived a hand-to-mouth existence, brutally repressed by the dictator Gayoom. According to the UN 42 percent of the people lived below the poverty line.

Given the role played by the security forces in ousting a vastly popular government, the police and the military have become villains overnight. When the policeman lifts his white-gloved hand he is no longer able to covey the moral authority to instill obedience amongst the masses.

Up until February 7, the military were looked up to by the people for their professionalism and generally enjoyed the respect of the population. Even the youth who sought a career in the armed services were proud to be a part of this elite corps. The military, as a rule, upheld high ethical standards.

Except for a few among the military high command and the police services, the security forces were uninvolved in the intrigue that brought down Nasheed’s government. There was little doubt that the top brass were bought; they had sold not only their souls but had betrayed the confidence and trust of their subordinates, the rank and file of the armed forces.

Those youth, who had pledged their lives to uphold the tenets of Islam and defend the country were being labeled ‘turncoats’, a title they did not deserve as they were as much in the dark as everyone else. The greed of a few commanders who defiled the military’s code of honor had put the stamp of betrayal on the entire armed forces.

The coup has had certain unforeseen influences on the public psyche too. The MDP, led by the ousted President Nasheed doubled in membership overnight. Quite suddenly, public involvement grew by leaps and bounds.

Consequently, civil disobedience has taken root in the public psyche. The security forces are openly scoffed at by the public – the label ‘rebel’, ‘turncoat’, now precedes any description of the police and the military.

Maldivians, as a rule, are apt to shy away from violence. Even under the present trying circumstances violence has yet to be a part of the equation. Even though there have been isolated incidents of violent behavior both on the part of the police and the public, violence is frowned upon by all parties concerned.

There is a very clear demarcation line between civil disobedience and civil war. Unlike Syria, Egypt or other Muslim States where the freedom movement has escalated into unbridled violence and civil war, the Maldives is unlikely to go the same route.

Even if the worst case scenario is considered – let’s say Waheed’s regime refuses to set an early election date – with the security forces unable to contain a public uprising and the use of force becomes mandatory, the decision is likely to result in the fall of the government.

A limited population ensures a close-knit society. Members of the security forces and the general public are bound by close family ties making it virtually impossible for any member of the security forces to implement a ‘shoot order’ even if President Waheed were dumb enough or desperate enough to issue such an order.

Any member of the security forces taking aim on a member of the public will in all probability find his colleague’s gun aimed at his own head. Who else but a madman will aim at a crowd, when the likelihood of shooting a brother, sister, cousin or a close relative is almost a dead certainty?

Civil disobedience, led by the MDP, is here to stay. The protests are gaining ground day by day; each day resulting in the increase in members on the streets. The cycle has taken on a natural life of its own and the pace is being set by the members arrested on a daily basis.

It is only a matter of time before push comes to shove. Waheed’s regime, tottering on the brink, is clearly headed up the creek without a paddle. For Waheed, there is but a single option. Like Humpty Dumpty, he can only fall.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Comment: Challenges to an infant democracy

The following speech was delivered to India-based think tank, the Observer Research Foundation (ORF) on August 3, 2012.  The original transcript can be read here.

It’s an honour and a great pleasure for me to speak to you at the Observer Research Foundation (ORF), this morning.

As many of you would know the Maldives has recently experienced significant political change. In 2008, we ratified a new constitution, based on the principles of a modern democracy and had the first multi-party election.

This election resulted in a historic change of a 30-year regime. However, despite the change, the aspirations of the people for a more democratic future did not materialize. On top of that just after 3 years into his presidency the new President Mr Nasheed resigned. And now he is challenging the circumstances that led to his resignation and this has created further political disharmony and tensions.

Today, I would like to briefly share with you some of the challenges that the Maldives faces as an infant democracy. None of the challenges will be of great surprise to you. Indeed you have faced very grave challenges yourself.

Today, you have emerged as a mature democracy, making rapid strides in your developmental efforts. This is a source of great inspiration not only to the Maldives, but to all emerging democracies around the world.

Ladies and gentlemen, in a few days the Maldives will celebrate the 4th Anniversary of our new constitution. The process of constitutional enactment in the Maldives included a referendum on the system of government. The people favored a presidential system to a parliamentary system. We all had high hopes for our new constitution, and for a smooth transition from a largely autocratic system to a multi-party democracy.

The new constitution stipulates the separation of powers and for the first time it guaranteed fundamental rights and freedoms. It mandates the formation of independent commissions and other institutions that are vital for a democracy to function well.

The new constitution also introduced the concept of decentralised governance of atolls and islands by elected local councils instead of the traditional presidential appointees. The initial major test for the new constitution was the first multi-party presidential election.

After a strong contest with 6 candidates representing a wide range of Maldivian opinion, that election ended President Gayoom’s 30 years of rule and Mr Mohamed Nasheed, the Maldivian Democratic Party (MDP) candidate, supported by a coalition of other parties was sworn in, on November 11 2008, as the 4th President of the Maldives. However, after just over 3 years into his 5-year term, President Nasheed resigned on 7th February.

As stipulated in the new constitution, the Vice President, Dr Mohamed Waheed Hassan Manik, was then sworn in as the 5th President of the Maldives.

President Nasheed resigned in front of the media accompanied by his cabinet, saying he resigned for the national good. However, the next day he argued that he resigned under duress.

This has created substantial controversy and has led to the establishment of a Commission of National Inquiry to look in to the circumstances of the transfer of power. This has been the subject of a lot of speculation and featured in the media and discussions in India and elsewhere.

As I said earlier the people had high hopes for our new political system. The people expected vast improvements over the previous system of governance; they did not want law and order to be influenced by politics; they wanted the judiciary to be free from political and other influences; they wanted job security in the public sector to be independent from politics; they wanted to see greater transparency in awarding public sector contracts; they wanted a system of local governance where things that are directly related to their welfare to be, by and large, determined by their representatives at the local level; the people wanted a free and fair media; and most of all they wanted their life to be better under the new democratic system.

These aspirations were not met. This was because, the new government on the one hand, did not have the sincerity to see through the democratic process that we adopted. On the other hand there was a tendency to carry out reforms regardless of the means by which those reforms were implemented.

This increased the room for corrupt practices and other inefficiencies resulting from moral hazard. I believe, in lending support to the democratic process, the means of achieving national development objectives is as important as the ends of development themselves.

From the outset, the new government was not sufficiently sensitive to the values of sincerity and patience. It is important to underline the fundamental importance of these values in making the system work. The people need to be reassured that democracy can meet their needs in their day to day lives and serve to fulfill their aspirations for a better future.

If we are to be a successful modern multi-party democracy we need to give the people confidence that the vision and ideals that inspired the 2008 constitution are still relevant.

Let me explain in some detail some of the instances where these important fundamentals were breached by the Nasheed government.

Historians, legal and constitutional experts, and indeed citizens more generally, I’m sure would agree that the establishment and maintenance of the rule of law is a fundamental pillar of democracy.

One of the major challenges that the Maldives faces, even today is maintaining the rule of law. The people were fed up with the earlier system where the executive had a direct influence on the police service and the criminal justice system. The new constitution introduced a very different criminal justice system with a number of safeguards. For instance the establishment of an independent judiciary, and an independent prosecutor general among other measures, were impartial mechanisms to dispense justice.

The parliament had also established an independent Police Integrity Commission, which was important in setting the parameters for these institutions to function within a democratic framework. Where there is no rule of law there cannot be a meaningful or successful democracy. However, Mr Nasheed – when it suited him, totally disregarded this key principle.

A landmark transition towards democracy was the formation of a police service in 2008, accountable to the Home Ministry, ending the decades old system of military having to attend to the policing function as well. Before this positive change, the outgoing government of President Gayoom was blamed for alleged police brutality. This was a key theme of the MDP presidential campaign in 2008.

With Nasheed’s government in place, Maldivians anticipated that the military and police would be freed from any attempt by the government to use them to promote any political agenda or ends. Sadly that assumption proved to be wrong. The police and in some cases even the military were mobilized on many unlawful political tasks, some of which even defied Maldivian Supreme Court rulings.

In any consideration of the events of earlier this year, it should always be remembered that the nationwide protests and demonstrations that lasted 22 days in Male’, leading up to President Nasheed’s resignation was sparked by the unlawful detention and arrest of a Senior Judge of the Criminal Court by the military while President Nasheed was the head of the armed forces.

Therefore, despite important institutional changes, the Nasheed government influenced the police to act in ways that were favourable to MDP. As such, when MDP conducted demonstrations they received preferential treatment, while opposition rallies were summarily dispersed.

Ladies and gentlemen, Let me now turn to a brief consideration of the influence of politics on the civil service. In the Maldives, where the civil service is the single largest employer, any policy that impacts the civil service has an immediate and lasting effect on the welfare of a significant proportion of the workforce.

Prior to the Civil Service Act of 2007, the appointment, dismissal and the setting of remunerations and all other benefits related to them were directly controlled by the President’s Office.

However, with the enactment of the Civil Service Act, an independent Civil Service Commission answerable to the parliament was established with total responsibility to oversee the functioning of the civil service.

Yet, President Nasheed’s government undermined the role of the civil service. Firstly, this was by drastically increasing the number of political appointees, both by making new appointments at executive levels and by registering existing civil service employees as political appointees. This increased the number of public service employees that were directly under the purview of the executive.

Secondly, the president formed public corporations which did not come under the purview of the civil service. This enabled the executive to control large numbers of public sector employees. One example of this was the National Health Service, which was brought under a system of health services corporations and made responsible for providing health services to the community.

This meant that large numbers of civil service employees in the health sector were shifted to the health corporations. This, in turn, meant that a large number of public sector employees were suddenly dependent on the executive for their livelihood. These tactics enabled the executive to exercise undue political influence on a large number of public employees and, in effect, compromised the effectiveness of the Civil Service Act.

Ladies and gentlemen.  One of the positive changes people anticipated as a result of the new constitution was the system of decentralised local governance. However, when the first local council election delivered an overwhelming victory for the opposition the decentralisation process was slowed down by the Nasheed government.

Elected local councils are, by law, empowered to carry out many aspects of governance at the local level, yet with many of the councils having at the time a non MDP majority, the government refused to decentralise power.

Instead former President Nasheed created national administrative centers, accountable just to him. This added an overbearing administrative layer to the existing structure of decentralisation. Such actions were undemocratic, partisan and led to a waste of resources at a financially difficult time.

Another key aspect of a modern democracy was the establishment of an independent media. A free and an independent media, which is often referred to as the fourth pillar of the state, received considerable attention during the process of democratic change in the Maldives.

A free and an independent media provide the necessary checks and balances within the democratic system of governance. This led to the creation of the institutional framework that governed the operation of free media, and created the space for the development of private media, particularly the development of private radio and television for the first time in the Maldives. This also led to the establishment of the concept of an impartial public broadcaster that was essentially free from political influence.

During the 30 year rule of President Gayoom, state media was used largely as a propaganda tool for the regime. This was seen as a very visible example of the absence of democracy in the Maldives at the time. One of the strongest demands when people were calling for democratic reform from 2003 onwards was for a free and independent media.

It should be noted that one of the key points in the MDP’s 2008 manifesto was a pledge to establish a public broadcaster by the parliament. However, when the MDP government came in to power they refused to transfer the assets of the state broadcasting corporation to the new statutory body, the MBC (or, the Maldives Broadcasting Corporation), that was formed as the public broadcaster. The MDP government essentially refused to comply with the legislation simply because the members of the MBC board of directors appointed by parliament was not to their liking.

These, ladies and gentlemen, are some of the key challenges confronting the Maldives as the country faces a new dawn of democracy.

Let me conclude by making a few remarks about the way forward.

The year 2008 saw the beginning of a democratic transition in the Maldives. The enactment of the new constitution was the crucial first step of this transition from an autocratic system to a modern democracy. Enacting the constitution itself however, is not sufficient to establish a functioning modern democracy.

Democratic transition is a process that needs a number of further steps in order for it to be successful. Some of these steps are outlined in the constitution. They include holding the first multi-party presidential election, the establishment of the Supreme Court, holding of the first multi-party parliamentary elections, setting up various independent bodies, holding of the first local council elections and the enactment of various pieces of legislations. Further, it is also important to strengthen the democratic institutions through capacity building.

Some of this work has already been completed. The remaining tasks need to be undertaken and completed over the coming months and years.

As the Maldives heads towards its second presidential elections under our new constitution, much needs to be done to rebuild people’s confidence at this stage of our infant democracy.

To develop such confidence amongst the people the leadership must show commitment and conviction in adhering to the principles of democracy. The leadership must have the courage to see through the process of democratic change.

Unfortunately, the first government under the new democratic constitution did not display the courage and patience to follow the path of democratic governance. As a result it has held up the transition process.

The way forward has been further complicated because of the current political tensions resulting from President Nasheed’s contention that he was forced to resign. This has resulted in further widening the political polarization within Maldives society.

Further, there is a very real fear that the people are getting increasingly frustrated that their aspirations are not being met. And when there is political instability it can undermine economic prosperity which can have a direct impact on the quality of life.

Therefore, it is important to have dialogue among the main stakeholders in order to create stability and reduce political tension. If the parties are unable to reach an amicable solution, meaningful progress in the democratic transition can only happen after the presidential elections due next year.

On a positive note, despite the frustrations, I believe, the peoples aspirations for democratisation has not changed.

We appreciate the continuous engagement by the government of India to facilitate an early resolution to the political stalemate in Maldives, particularly the timely engagement through repeated visits by the Foreign Secretary, His Excellency Mr Ranjan Mathai.

I also commend the important role of the Indian High Commissioner in the Maldives, His Excellency, Mr Mullay, for his dedication and hard work during these trying times. Also I greatly appreciate his efforts to enhance relations between our two countries, sometimes under very difficult circumstances.

The road to democracy is no doubt, long and hard, with many challenges along the way. But through persistence and good will, I’m sure the fruits of democracy will be as sweet as the future is bright.

Ahmed Thasmeen Ali is an MP and leader of the government-aligned Dhivehi Rayithunge Party (DRP).

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 60 year-old man for stabbing his 30 year-old wife

Police have arrested a 60 year-old man for stabbing his 30 year-old wife on the island of Milandhoo in Shaviyani Atoll.

Shavayani Atoll Milandhoo Health Centre Head Ahmed Shahid today told Minivan News that the woman was brought to the Health Centre at about 11:00am this morning.

According to Shahid the woman was stabbed once and did not suffer major injuries.

“She was discharged from the Health Centre today after being treated for the stab wound,” Shahid said.

“I think the attack came after they had some family issues,” he said, adding that islanders had “always suspected that the man was a drug addict.”

In a statement issued today, police said that the 60 year-old suspect has been held in police custody, and confirmed that he had a previous record of drug abuse.

The Chair of Shaviyani Milandhoo Island Council did not respond to Minivan News at time of press.

Police have not revealed the identity of the man arrested or the victim.

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FAIM’s “Let’s Talk” initiative launches with discussion on sexual harassment and discrimination

When I started inviting people to join the launching session of “Lets Talk” program on Monday night, my expectations for the  turn out were not too unrealistic given the history of people’s poor participation in most social events organised by civil society.

Let’s bring at least 30 people, I told my friends at the Friendship Association of India Maldives (FAIM) ,who backed the concept of “Lets Talk”: a monthly forum with people from diverse backgrounds to have discuss various topics and issues concerning society.

So with the table, chairs, projector and coffee to keep people awake, FAIM was ready at Social Center seminar room, eagerly waiting for its first round of talkers.

As the clock’s hands ticked their way to 9:00pm – the planned starting time – only five or six people had arrived, of which most were the special invitees – officials from Labor Relations Authority, police and immigration. They were prepared to talk and answer any question the  participants had regarding the chosen topic: sexual harassment, abuse and discrimination faced by both local and migrant women working in Maldives.

I panicked. “What if no one comes?” kept dancing through my head. It was indeed a stressful moment.

“Why did you organise it, when people are not coming?” one person asked as I kept ringing the people who had promised to attend the event.

At one point, in a desperate attempt, I almost dragged in a group of women from the gym class next door, but of course they were quite busy with their aerobics.

Fortunately, however some more familiar faces showed. The talkers slowly reached 22. That was fewer than the targeted audience but delighted, I began with the introduction and ice breakers. Soon the participants were all actively engaged in the discussion.

Participants talking at the Let's Talk Forum

Local girls and ladies from Britain, the US, and Holland shared their experiences of being the targets of constant sexual harassment on the streets, and the “helplessness” they felt in such situations.

One female participant asked” “Are we to ignore and just walk away when they call us a “s**y b***h”,”beautiful tits” or ask us “how much?”.

They also complained of lack of police follow up, even after harassment cases were filed.

Though the forum attracted only one talker of Asian descent, the participants unanimously agreed that it was mostly Asian women working in Maldives who bore the brunt of sexual harassment.

A women from the Phillipines working as a resort rep who had talked to me prior to the forum said: “I always get teased on the streets. Mostly by young boys, but old men do it too. They whistle at me, pass comments about my body or ask me “how much”. It’s very difficult to walk on the streets when I know that people think of me as a prostitute. It’s very upsetting.”

Police officers present at the forum acknowledged the “seriousness” of the problems and encouraged the participants to report such incidents, offering assurances that sexual harassment cases would be taken more seriously.

Meanwhile, a more serious concern was raised: the increasing number of migrant women who are being trafficked into the country, exploited by employers, and often forced into sex work.

Responding to the questions on the subject, immigration officers admitted that the lack of legal provisions and non-existence of victim support mechanisms prevented the institution from protecting the rights of those women and other victims of trafficking. The only option was deportation or repatriation.

They explained that institutional efforts were  underway to help victims of trafficking, but without support from the grass-roots level, change was difficult, they said.

“We are witnessing the presence of mass xenophobia in the Maldives. There is a widespread hatred towards foreigners of certain ethnicities. They are not even regarded as human beings,” one officer explained. “We need to educate and create awareness to change people’s attitude.”

Meanwhile, few members from Indian community who participated also highlighted the suffering of Indian expatriates working in Maldives, of whom many are women, and who are being intimidated and exploited by employers.

Their passports are withheld, salaries are not paid and in some circumstances they are not even given the leave to attend the funerals of family members, according to one participant.

Foreign women (and men also) are harassed, mugged and threatened, one Indian participant observed, adding that “if such crimes continue, these women – who are working as nurses, teachers and doctors – will no longer come to the Maldives.”

Despite the low turn out, the honest discussion and sharing of experiences made the soft launch of Lets Talk program a “good start”, if not a success.

UK national Sarah Harvey, who participated in the forum, said: “It was really great that I got the chance to share my own experiences and listen to others as well. Foreign women are facing sexual harassment on a daily basis. It very upsetting and intimidating, and a lot of girls don’t feel comfortable walking down the streets because of it.”

“We are putting effort into adapting to the culture and following appropriate dress codes. I just hope that people recognise that,” the British writer noted.

She also added that foreign women would work in Maldives for longer if they did not keep having these horrible experiences: “It’s one of the major downsides of living here,” she contended.

Marketing director Sanne Wesselman, from Holland, described the forum as “a great effort”, but suggested that “It will take a lot more than these events to raise awareness of the problem.”

Wesselman is right. Following the two-hour long discussions and personal accounts of discrimination and harassment, participants were asked to write one recommended action to solve these problems.

These recommendations included; educating and encouraging a culture of respect for women of all ages and race, and through awareness raising programs, conducting sensitisation program for school students on zero-tolerance of racial discrimination and violence against women and girls. Suggestions also included establishing a helpline for women and girls to report abuse, exploitation and provide counseling advice on request.

Telecasting short advertisements promoting zero-tolerance of harassment and discrimination, hanging posters with such messages in restaurant and streets, and letting respective embassies, high commissions and consulates open safe deposit boxes to keep passports instead of allowing employers to retain the documents were also suggested, among other recommendations.

The Friendship Association of India-Maldives said the recommendations will be forwarded to the Maldivian government through the Indian Embassy, and the NGO will provide support with implementation.

The organisation is meanwhile preparing for its second session of talks, with the hope of attracting a large and diverse group of talkers.

The Friendship Association of India-Maldives (FAIM),is an NGO  jointly run by Indians and Maldivians to build a strong bond between the peoples of India and the Maldives through economic, social & welfare initiatives. Please write to [email protected] to join or support the organisation.

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MDP MP Ibrahim Rasheed arrested, placed under house arrest

Maldivian Democratic Party (MDP) MP for Maafanu South Ibrahim Rasheed ‘Bonda’ has been placed under house arrest for five days by the Criminal Court, following his arrest after midnight on Friday on charges of threatening and attacking a police officer and obstructing police duty.

According to a statement by the formerly ruling MDP, MP Rasheed was taken into custody at 12.30am from a popular cafe in the capital Male’ by “20 militarised police.”

“MP Ibrahim Rasheed was arrested under a warrant obtained by the police relating to an incident two days back on 30 July when it was reported that the MP was ‘bitten’ on his back by a policeman in the process of being arrested while participating in a protest rally,” the statement explained.

“The MP was released within a few hours on that day with two other MPs who were also ‘picked up’ with Hon Rasheed.”

Video footage has since emerged on social media showing MP Rasheed’s arrest on July 30 during an MDP motorbike rally. A riot police officer appears to bite the MP behind his shoulders during the arrest.

Photos surfaced on social media showing bruises on the MPs’ back and the prescription letter from private hospital ADK where he was treated.

Police however released a statement on July 31 denying that any injuries were caused during the arrest of the three MPs.

The police statement insisted that MP Rasheed’s claim to MDP-aligned private broadcaster Raajje TV that he was bitten by a police officer was “a false allegation.”

Police further claimed that the three MDP MPs resisted arrest, used obscene language and caused varying degrees of injury to police officers. Aside from MP Rasheed, MDP MPs Ahmed Easa and Mohamed Gasam were also taken into custody on July 30 (Tuesday).

The statement also accused MP Rasheed of attempting to mislead the public regarding his arrest to bring the Maldives Police Service into disrepute, condemning the MDP MP’s remarks to the media.

Police have also denied reports by Amnesty International alleging “excessive use of force” against MDP demonstrators since the controversial transfer of power on February 7.

The MDP statement meanwhile noted that MP Rasheed was severely beaten by riot police officers on February 8 during a violent crackdown on an MDP march across Male’.

“Hon Rasheed is among 10 MPs who have been the subject of police brutality that have gone unaddressed for the last 6 months in spite of repeated appeals by the Inter Parliamentary Union to investigate the matter,” the MDP statement added.

While no charges have been brought against the Special Operations (SO) officers caught on camera beating MP Rasheed on February 8, the People’s Majlis secretariat sent a letter to the Police Integrity Commission (PIC) requesting the police watchdog body to “speed up its investigation into the cases of violence against MPs on 8 February 2012.”

“The letter also requested the PIC to update the secretariat on the progress of current investigations on this matter,” according to the Majlis.

Meanwhile, the Criminal Court on Friday extended the detention period of former State Minister for Home Affairs Mohamed Mahir Easa by an additional ten days.

Mahir was brought to the Criminal Court at 2:00pm yesterday along with MP Rasheed.

Mahir was arrested on charges of inciting violence against police officers during a speech at the MDP’s ‘Usfasgandu’ protest camp last month. Mahir had said he would not hesitate to cross police barricades to restore the MDP government.

The MDP has called for Mahir’s immediate release arguing that since police possessed both Mahir’s statement and a recording of his speech, there was no reason to keep the former state minister detained.

Mahir was beaten outside the police headquarters on February 7 during the police mutiny at Republic Square.

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Protests, roadblocks as Nasheed voluntarily attends police HQ

Former President Mohamed Nasheed attended police headquarters this afternoon, following a request made by police in a letter sent earlier this week.

Maldivian Democratic Party (MDP) Youth Wing Leader Aminath Shauna told Minivan News that while the letter was not an official police summons, it accused Nasheed of orchestrating violence against police and vandalism of police property since May 29.

The letter was signed by Deputy Head of Specialist Crime Command, Superintendent Mohamed Riyaz, said Shauna.

She added that Nasheed had decided to attend the station against the advice of both his legal team and the MDP’s National Council, over fears for his safety.

In a statement on July 31, the MDP accused President Mohamed Waheed’s administration of “demonstrating a clear pattern of abuse of power and tactics aimed at removing President Nasheed from the upcoming Presidential race.”

“The letter to summon President Nasheed is baseless and fails to state any specific charges. The letter refers indirectly to attacks on police, vandalising of police property and claims that their observations have led them to believe President Nasheed is responsible for such events,” the party stated.  The MDP added that the work of the Commonwealth-sanctioned Commission of National Inquiry (CNI) into the controversial circumstances surrounding Nasheed’s resignation was ongoing.

“Upon assessment of the facts surrounding the summons, we conclude that this summons is an attempt by the Government to thwart the progress of the Commission of National Inquiry and former President Nasheed’s participation in upcoming elections,” the party said.

“In the absence of any specific criminal charge for which he is being investigated, and since the stated purpose of the summons is merely to question President Nasheed and obtain a written statement from him, we are of the opinion that the only safe course of action will be for President Nasheed to provide a written statement without physically entering the police station.”

The party expressed “extreme concern” for Nasheed’s “personal safety”, observing that he had been “assaulted by the police on various occasions since his resignation from office, and these instances are still being investigated by the Police Integrity Commission.”

Police responded by issuing a statement “to clear the allegations of possible torture, inhumane and degrading treatment by police, raised by the MDP and supporters of Nasheed, after a police summon notice was sent [to the former president].”

“The summon notice is for the investigation of a case lodged against Nasheed for inciting violence against law enforcement official since 29 May 2012. It is suspected that the civil disorder and several physical attacks committed against police officers, and the damages to police vehicles and infrastructures are the outcome of the call by Nasheed to commit such offences,” police stated.

“Thereby, Maldives Police Service has commenced an investigation and the summon notice was issued in furtherance of it, for Nasheed to appear on 02 August 2012 at 1000 hours. However, upon a request made by Nasheed, the time on the summon notice is delayed to 1400 hours on the same day.”

“The Maldives Police Service ensures the safety and security of Nasheed from the moment of his arrival to the police headquarters, and has invited the Human Rights Commission of the Maldives, Police Integrity Commission, and Maldivian Democracy Network (an NGO) to observe police actions during Nasheed’s investigation process. The Human Rights Commission of the Maldives and Police Integrity Commission have accepted this offer.

“[The MPS] assures concerned parties and individuals that whoever is summoned to the police would be treated in accordance with the law; with dignity, respect for human rights and within police code of conduct and code of ethics.”

Protesters gather

Political tensions on the streets of Male’ rose as word spread of the former President’s impending summons.

Protesters initially gathered outside Nasheed’s family of residence, Canaryge, to block any attempts by police to arrest the former President.

However, by early afternoon Nasheed left for police headquarters in the company of his legal team, flanked by several hundred supporters.

After Nasheed entered Republic Square, police barricaded the surrounding streets leading to the large open area.

MDP supporters quickly gathered on the street of Chaandhanee Magu, a busy road full of stores directly aimed at tourists.

Nasheed left police headquarters around 5:40pm, joining more than a thousand cheering supporters gathered at the police barricades near Seagull cafe.

Reporters from the MDP-aligned Raajje TV meanwhile claimed not to have been allowed past police barricades with other media.

Jailhouse diplomacy

Nasheed resigned on February 7 amidst a police and military mutiny, after several weeks of protests by 300-400 opposition supporters over his detention of Chief Judge of the Criminal Court, Abdulla Mohamed.

Following his resignation, the Criminal Court quickly issued a warrant for Nasheed’s arrest, however it was not acted upon by police after MDP supporters gathered outside his family residence.

The same day, police claimed to have discovered bottles of alcohol in the Presidential residence. That case, together with Nasheed’s detention of the judge, was sent to the Prosecutor General (PG)’s Office.

Earlier in July, the PG sent the judge case to Hulhumale’ magistrate court for trial, stating that filing it in the Criminal Court would represent a conflict of interest because it concerned the chief judge. However, the case was returned by the magistrate court, which claimed it was outside its jurisdiction.

Last week, police released a tapped phone conversation in which Nasheed was heard to call for supporters to “fight back” against police, after their dismantling of the party’s protest site at Usfasgandu on charges that the area was being used for the practice of black magic.

The arrest of Nasheed ahead of elections – early or otherwise – appears to be a ‘red line’ for many elements of the international community.

Canadian Foreign Ministry John Baird on July 27 accused the Maldivian government of seeking to arrest its political opponents and eliminate Nasheed’s candidacy in the upcoming election.

Baird, a member of the Commonwealth Ministerial Action Group (CMAG), noted that “the Maldives has been given the benefit of the doubt by the Commonwealth so far. Continued intimidation, illegal arrests and other authoritarian tactics by the present government may require the Commonwealth to consider a different approach, in our view.”

Maldives Ministry of Foreign Affairs responded by claiming that the Canadian statement was “misleading”, and insisted that “it is the prerogative of the Prosecutor General to decide on whom and when to charge an individual of criminal offence.”

“Now that these institutions are independent, everyone, including our valuable friends in the international community, should be prepared to accept the decisions of these institutions,” the Ministry stated.

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Suspension of parliament leaves legal void for regulations on freedom of assembly, political parties

Several general regulations without parent legislation, including rules governing political parties and freedom of assembly, will cease to have legal force if an extension is not approved at a parliament sitting before midnight on Sunday, August 5.

Parliament however remains deadlocked and sittings have been suspended indefinitely amidst forced cancellations and escalating political tension.

Prior to the ratification of the new constitution on August 7, 2008, parliament passed a General Regulations Act as parent legislation for over 80 regulations without a statutory basis, or were not formulated under an Act of parliament. These include regulations for criminal justice procedures, companies and finance leasing transactions, insurance, jails and parole, freedom of information and building codes.

Article 271 of the constitution states, “Regulations derive their authority from laws passed by the People’s Majlis pursuant to which they are enacted, and are enforceable pursuant to such lawful authority. Any regulations requiring compliance by citizens must only be enacted pursuant to authority granted by a law enacted by the People’s Majlis.”

The parent act prolonged the lifespan of the regulations – deemed necessary for administrative functions and service provision – for a one year period until new legislation, such as a Criminal Procedures Act, Evidence Act, Freedom of Information Act and Political Parties Act could be enacted.

The act provided for further extensions based on recommendations by parliament’s Rules Committee. The last extension was approved in December 2011 and is set to elapse on August 5, after which the regulations would become null and void.

With the People’s Majlis at a standstill and the outcome of talks between parliamentary group leaders unclear, Deputy Speaker Ahmed Nazim yesterday warned of an impending “legal void” should the parent act be allowed to expire.

Nazim told newspaper Haveeru that the Act included “two very important regulations” for the Maldives Monetary Authority (MMA).

“This problem will become a huge issue,” the People’s Alliance (PA) leader was quoted as saying. “It is therefore of utmost importance that a Majlis sitting is held before Sunday to find a solution. If not, the country will face a big constitutional problem.”

Parliament’s Rules Committee meanwhile met last week and decided to remove six regulations from the General Regulations Act.

According to the Majlis secretariat, the committee also decided to extend the deadline for the remaining regulations to April 2013, following “consideration of legal opinion by the Attorney General’s Office.”

However, article 5(b) of the Act states that extensions must be approved by the Majlis and previous extensions were put for a vote on the floor.

Independent MP for Kulhudhufushi South, Mohamed ‘Kutti’ Nasheed, told the local daily today that failure to approve a further extension could disrupt services and raise questions of the legality of government functions.

As the regulations concerned a number of areas and would “directly affect” people from “various fields and arenas”, Nasheed said a sitting of parliament had to be held before Sunday “even for five minutes” to vote to approve an extension.

The formerly ruling Maldivian Democratic Party (MDP) has meanwhile called for President Dr Mohamed Waheed Hassan Manik and leaders of political parties represented in parliament to come to the negotiating table to resolve the ongoing political dispute.

A statement released by the MDP parliamentary group yesterday contended that in the wake of the “coup d’etat” on February 7, the Maldivian state, constitution, democracy and economy had “come to a halt.”

The party would cooperate with resuming parliament sittings after a compromise agreement is reached through dialogue, the statement said.

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US challenges Maldives’ prosecution of terror suspects, among concerns over rising radicalisation

The US State Department has reported there were no successful prosecutions of suspected terror suspects during 2011 in the Maldives, and raised wider concerns about the potential radicalisation of young people from the country in foreign madrassas.

According to the US government’s recently published “Country Reports on Terrorism 2011”, the Maldives was viewed to have “severely limited” legislation to prosecute alleged cases of terrorism and extremism in the country’s courts.

While the Maldives government said it was presently looking to address several security and terrorist threats, such as piracy and organised crime, through existing legislation and proposed legal amendments, it moved to deny any truth in claims Maldivian citizens were being radicalised at Pakistan-based madrassas.

President’s Office spokesperson Abbas Adil Riza said that the government was presently collecting information in regards to the issue of radicalisation in the country.  He stressed active steps had been taken against permitting clearance for local students to study in any madrassas in the country.

“No Maldivians right now are being trained in Pakistani madrassas.  Steps are being taken to ensure this with the Ministry of Foreign Affairs and authorities in Pakistan,” he said. “We will not issue visas to go there in this regard. So to say that such a threat exists is definitely not true.”

Key threats

In addressing other key threats to the nation, Abbas claimed that the incursion of pirates from Somalia into the Maldives’ territories on two reported occasions, as well as human trafficking resulting from organised crime were seen as “particular dangers”.

“The threat we currently face from pirates and traffickers is being dealt with via existing legislation, as well as some new amendments that have presently been proposed in parliament,” he said.

Abbas said the new government had not opted to make any drastic changes to existing counter-terror policy enacted under former President Mohamed Nasheed’s administration.

“We will not be making a 180 degree reversal on the last government’s stance,” he said, adding that a focus on further legislation would be sought under President Dr Mohamed Waheed Hassan.

US State Department view

According to the US State Department, the American government was partnering with Maldivian counterparts in attempts to “strengthen” law enforcement in the Indian Ocean nation.  The US was also said to back establishing community outreach schemes based around countering terrorist ideologies, as the state department stressed alleged radicalism remained a concern in the Maldives.

“The government believes that hundreds of young Maldivians attended madrassas in Pakistan and Saudi Arabia, and was concerned that these students were bringing home radical ideology,” stated the report. Two Maldivians, in separate instances in March and October, were arrested in Sri Lanka on charges linked to terrorism. Their cases were pending at year’s end.”

One of the suspects, Mohamed Ameen, was released from police custody in May ths year by the criminal court after it did not issue an extension to his detention period.

Local media reported that the suspect was released by the court “on the condition that he not get involved in any further terrorist activities, and not leave the country.”

Beyond legislation, the report also pointed to the signing of an agreement signed with Malaysia-based IT group Nexbis to install a new border control system with an integrated database in an effort to try and combat human trafficking into the country.

“However, alleged corruption concerns and subsequent legal proceedings made it unclear when the system would be installed,” the report stated.

The Maldives was last month included on the US State Department’s Tier Two Watch List for Human Trafficking for a third year in a row.

The US State Department added that the Maldives, during 2011, had become a partner in its Antiterrorism Assistance programme focused on training in areas such as “counterterrorism leadership”, as well as regional cooperation with other authorities.

The report also noted the Maldives inclusion in the regional Asia/Pacific Group on Money Laundering, where it had been submitting annual updates on its work.

“Maldives underwent a mutual evaluation conducted by the International Monetary Fund (IMF), and the final evaluation report was adopted by the members in July 2011.  Maldivian law does not criminalize money laundering apart from a small provision in the Drugs Act. The Maldives Financial Intelligence Unit took the lead in drafting an Anti-Money Laundering and Combating Financing of Terrorism act with assistance from the IMF,” the report stated.

“The draft bill was sent to the Attorney General’s Office in July 2010 and was sent back to the Maldives Police Services and the prosecutor general for review and comment. In July 2011, Maldives Financial Transactions Reporting came into effect, which aims to safeguard Maldives financial and payment systems from being used to promote acts of terrorism and money laundering, and to protect financial services and products from being used to conceal the proceeds of crime.”

According to the state department, the UN 1267/1989 and 1988 consolidated lists detailing individuals or entities with associations to the Taliban and al-Qa’ida had also been sent to the Maldives Monetary Authority (MMA) through the Ministry of Foreign Affairs. The MMA was said to have instructed banks creditors to then take acton on the matter with a set time frame, according to the report.

As part of the US State Department’s findings during 2011, recognition was also given to efforts made by the Maldives government to pursue intiatives and mechanisms designed to counter “violent extremism”.

“The Ministry of Islamic Affairs implemented a programme designed to mobilise religious and social leaders to work against all forms of violence in society, including religious extremism that leads to violence,” stated the report. “The Ministry conducted over 15 seminars and workshops for religious leaders, educators, and local government officials. Several of these workshops included participants from across the country.

“Ideological problems”

Islamic Affairs Minister Sheikh Mohamed Shaheem Ali Saeed said in June that he was seeking to counter the “ideological problems” of extremism in the country.

Shaheem claimed that the threat of home-grown terrorism was a key issue needing to be addressed in the Maldives – something he alleged the previous government under former President Nasheed had neglected to assist with through funding.

“The previous government did not give us the budget we needed to run programmes to address these issues,” he said at the time. “There are problems here with extremism and terrorism, these are idealogical problems that need to be targeted through religious awareness campaigns.”

Shaheem himself previously served under the Nasheed government as Islamic State Minister before resigning in December 2010 over differences of opinion with the administration over issues such as claims it was strengthening links with Israel.

However, the now opposition Maldvian Democratic Party (MDP) – to which Nasheed remains the current presidential candidate – was sceptical of the commitments of religious figures attached to the Waheed administration. It contends the government came to power on February 7 in a “coup d’etat”.

Party Spokesperson and MP Hamid Abdul Ghafoor claimed that with the MDP failing to recognise the legitimacy of the current government, the same was true for ministerial appointments like Sheikh Shaheem.

Ghafoor also alleged that issues such as Islamic fundamentalism were a well established tool used during the 30 year rule of former President Maumoon Abdul Gayoom to pit different factions in the country against each other, something he believed was once again happening with the present government.

“I see Shaheem as a just a little cog inserted into the larger machine of Gayoom’s political control,” he said.

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Police send CSC Fahmy’s sexual harassment case to Prosecutor General

Police have concluded their investigation into the alleged sexual harassment of Civil Service Commission (CSC) head Mohamed Fahmy, and have forwarded the case to the Prosecutor General’s Office.

Police Spokesperson Sub-Inspector Hassan Haneef told Minivan News that the case was forwarded to the Prosecutor General yesterday afternoon, after closing the investigation into the case.

Haneef said the police requested the PG press charges against Fahmy.

In June, Parliament’s Independent Institutions Committee launched an investigation into alleged harassment of a female staff member by the CSC Chair after a senior research officer at the CSC accused him of sexually harassing her.

Both Fahmy and the victim were summoned to committee after the complaint was lodged in the first week of June.

Fahmy was alleged to have called the female staff member over to him, taken her hand and asked her to stand in front of him so that others in the office could not see, and caressed her stomach saying ”it won’t do for a beautiful single woman like you to get fat.”

According to local media, the woman told her family about the incident, who then called Fahmy. Fahmy then sent her a text message apologising for the incident, reportedly stating, ”I work very closely with everyone. But I have learned my lesson this time.”

Speaking to Minvian News at the time, Fahmy said the allegation was false “and a blatant lie.”

“The female staff member concerned did not win a scholarship to Singapore, and that is why she is doing this in return,” Fahmy said.

The Independent Institutions Oversight Committee of the parliament concluded an investigation into the case and found Fahmy guilty, and asked him to resign within 14 days.

However Fahmy decided not to resign and the committee opted to forward the case to the parliament floor.

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