Month: December 2004

Ukraine’s Supreme Court said yesterday that new Presidential elections must be held after it ruled that the election held last month had been rigged by the government.

The opposition candidate, Mr Viktor Yushchenko, said the decision showed Ukraine was “a true democratic state”.

The Presidential election, held on 21st November, had been criticised by Western observers, especially by representatives of the European Union, after they found irregularities tantamount to election fraud committed by the government.

Opposition supporters, loyal to Mr Yushchenko, took to the streets on mass and have remained there ever since in the capital city of Kiev. It has been these huge demonstrations – which have lasted for over two weeks – that allowed the opposition to build up enough pressure to force the Supreme Court to look at the matter.

After considering the case for five days the Supreme Court finally said yesterday that it had found that the results of the 21 November poll were marked by cheating which the central election commission had failed to examine. “The actions and decisions of the central election commission concerning the results of the run-off presidential vote were unlawful,” a Supreme Court Judge announced.

On hearing the verdict, thousands of opposition protesters amassed in Kiev’s central square cheered. Waving blue-and-yellow Ukrainian flags and orange opposition flags, they chanted “Yushchenko! Yushchenko!”

“Today Ukraine has turned to justice, democracy and freedom,” Mr Yushchenko declared to the ecstatic crowd.

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Minivan News spends 15 minutes with Clare Doube of the NGO, the Commonwealth Human Rights Initiative.

1) Could I start by asking you to explain what the Commonwealth and the Commonwealth Secretariat is?

The Commonwealth is a voluntary association of independent states. It has 53 member countries. Historically, the Commonwealth comes from the British Commonwealth which was an association of British colonies but nowadays the Commonwealth is made up of independent states.

There are four regions represented in the Commonwealth: Africa, Asia, the Pacific and the Caribbean. Unusually, there are only four developed countries in this inter-governmental club: Britain, Canada, Australia and New Zealand. The rest of the countries are developing states. Ninety percent of Commonwealth countries are either developing countries or Small States (mostly either islands or landlocked), which means the needs of these states are a particular focus of the Commonwealth.

As an intergovernmental association, the Commonwealth works through a series of inter-governmental meetings, the most important of which is the biennial Commonwealth Heads of Government Meeting (CHOGM) which sets the policy for the association. This policy is then implemented by the inter-governmental agencies, the most important of which is the Commonwealth Secretariat. The Commonwealth Secretariat is based in London and includes staff from across the Commonwealth divided into different programme divisions.

2) The Commonwealth Secretariat have recently been in the Maldives and the Maldivian Government has announced that the Commonwealth are to send election observers to the Maldives for the upcoming Majlis elections this December. Can you explain what the observers might do?

On invitation of a member-government of the Commonwealth, the Commonwealth will at times send elections observer teams. Often these teams will observe the preparation for the election such as voter registration, as well as the day of the vote itself.

The observer mission is made up of experts from other Commonwealth countries and will make a public report on the election. Sometimes it is decided that an observer team is not appropriate for a situation and instead that Commonwealth might provide other assistance to that country such as technical assistance, to try and ensure the election is run in a more free and fair manner.

3) So the Commonwealth will do a preparatory assessment and if it finds that elections cannot be free and fair, they will send a technical team rather than an observer team? In other words, if the Commonwealth does not send an observer team it means that the election will not be free and fair.

There may be many reasons not to send an election observer team, one of which certainly is that having assessed the situation, the Commonwealth believes a free and fair election will not happen and therefore they have decided that a more appropriate response would be to send a technical team. It must be remembered that at times voting on the day may be conducted in an effective manner but intimidation prior to the election day may mean that the results are not the true will of the people.

4) You say that the Commonwealth is a club of member states. Does the Commonwealth find it difficult to openly criticise a member even if that member does something to breaches the club rules?

All members of the Commonwealth are obliged to abide by the Harare Principles [a set of democratic, human rights and good governance principles which make up the club rules]. However, if a country contravenes these principles, the approach of the Commonwealth – as a largely inter-governmental association – is generally one of quiet diplomacy.

Whilst organisations like CHRI believe that quiet diplomacy does have a place we do also believe that more public engagement with erring governments can also be effective.

CMAG, as the body which monitors adherence to the Harare Principles, needs to take a more active role in ensuring compliance with democracy, human rights and good governance.

5) Does the Maldives always adhere to the Harare Principles?

CHRI believes that the Maldives, along with some other countries in the Commonwealth, including Pakistan, is not honouring the Harare Principles [on democracy and human rights] and we have called on CMAG to add the Maldives to their agenda. We have called on the Commonwealth to engage with the Maldives to bring about an active, participatory democracy in that country.

6) Should the democracy movement in the Maldives welcome Commonwealth involvement in the Maldives?

Yes. The Commonwealth – in particular as an organisation with an active interest in small states – has a lot to offer the people of the Maldives and the democracy movement. Whilst the Commonwealth does not have a lot of funding it is able to provide technical assistance in key areas.

7) What are the opportunities for the Commonwealth involvement in the Maldives after the forthcoming elections?

There are many opportunities for such involvement. We would hope, for example, that the Commonwealth would assist the Maldivian government in ensuring that the constitutional reform process is participatory and transparent, leading to reforms that will bring about a more democratic society in the Maldives that respects human rights.

Another area is in supporting civil society. The Commonwealth is after all not just an association of states but also of people and I hope the Commonwealth will support the growth of an active and engaged civil society in the Maldives.

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Peoples’ arrests made by hundreds of Adduan people are to continue for a second night, residents from the Maldives southernmost atoll said. “If the police cannot keep law and order, the people will have to take action”, a youth who spoke to Minivan news noted today.

Some five hundred people who live in the atoll capital of Hithadhoo island were out on the streets from 1900 Hrs till dawn, effecting 34 arrests, reports said. The people’s action in Addu follows the resignation of all foreign doctors working in the island hospital. Two days ago a doctor was attacked while he was sleeping by alleged drug users. “They physically beat him up and took all valuables. He was alone at his house that time. It was around midnight”, Hussain Adil, an Adduan youth who spoke to Minivan news said. The subsequent strike by the doctors led to a pregnant woman losing her baby and other complaints from numerous people seeking medical care in the Atoll, reports said.

An Adduan businessman commenting on the happenings said that “this atoll has been best by lootings and theft for quite a while now. This is mainly seen to be carried out by drug addicts desperate for money.”

According to a self-proclaimed vigilante who called Minivan News today, the people in the Atoll intend to carry out more arrests tonight. “There are about 50 more people in our arrest list”, he said.

The country’s most populous atoll after Male’, Addu has some five islands connected by causeways to the former British Air base of Gan. Male’s National Security Service houses some 500 personnel in Gan. “They have not bothered with complaints of the breakdown in law and order”, Hussain Adil noted. “Male’ is sending more security people here to intimidate the people, but their biggest concern is to influence ongoing campaigning for general elections”, he said.

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The Maldivian Attorney General, Dr Hassan Saeed, has reportedly stated that he “does not understand why [Mohamed Shaaz Waleed] is still kept in Dhoonidhoo”. The comments were made in a meeting with Mr Waleed’s wife, held yesterday.

Mr Waleed, 34, a known reformist, has been held in solitary confinement in Dhoonidhoo Jail for over 100 days after participating in the August pro-democracy rally in Male’. Following the decision this week to extend Mr Waleed’s jail term by another 30 days, his wife went to confront the Attorney General.

She reportedly told Dr Saeed that she was convinced “the authorities had a personal vendetta against her husband.” The Attorney General replied that “he did not have a personal vendetta against her husband.” The Attorney General went onto say he “did not understand why he was still kept in Dhoonidhoo” and urged Mr Waleed’s wife to write a letter to the Overseeing Committee of the investigations of the August demonstration.

Mrs Waleed further grilled the Attorney General about whether her husband was being held in connection with the pending treason case against him. The Attorney General said that “it should not be the case since other defendants of the case were now not in detention” and that Mr Waleed “should not therefore be detained in connection with the case unless if gets convicted at the end of the case.”

Mrs Waleed snapped that everybody knew that Sergeant Habeeb, who was from the same atoll as her, had tortured confessions out of the defendants. She further reportedly told Dr Saeed that she went to the hearings of her husband’s case and “it was said in court that the testimony of a single policeman was equal to that of four ordinary people – with such deliberate unfairness how could they conduct a fair trial?” The Attorney is said to have replied that “the rule did not apply any longer.”

Mrs Waleed dryly asked Dr Saeed if “the judge had a special stamp with “30 days” cast on it for him to dish out 30 day extensions to everyone brought before him?” The Attorney General reportedly replied that “it was not the case any longer, that previously judges complied with whatever the government requested but now they consider the facts regarding the detainee before extending detention.” Evidence suggested for this was the fact that the judge refused to extend the detention for some of the Back Friday detainees to a full 30 days as requested by the police.

Mrs Waleed reportedly also requested the Attorney General to give back the passport of her husband and allow the family to leave the country since there was no hope for the family to live happily in the Maldives. The Attorney General is said to have replied that “it would not do for everyone to leave the country and that the future of the children have to be considered and that everyone should hope for better things for their children in the future and make this country work.”

Mrs Waleed reportedly told the Attorney General that her husband was pleased when he took office because he was known to be an un-corrupt reformist but now they were disillusioned with him. The Attorney General said “things were changing slowly and that it would take time for all the changes to come in place but he was resolute to push the reforms through.”

Mrs Waleed also complained that access to her husband had become difficult again even though most of the other Black Friday detainees had been released. The Attorney replied that he would address the matter.

Mrs Waleed reportedly received a call from the police late last night informing her that the Mr Waleed’s family have been allowed access to Mr Waleed at Dhoonidhoo Jail at 9am of December 1st.

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