Month: July 2010

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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‘Fat lies’ in leaked letters supporting bribery allegations: Yameen

People’s Alliance party leader Abdulla Yameen Abdul Gayoom says letters published on a Dhivehi language website contain “fat lies” and that he had never asked a MDP Majlis member to join his political party, reports Haveeru.

Seven letters were sent recently to President Nasheed by MDP Majlis members claiming Yameen and Jumhooree party leader Ibrahim Gasim had tried to bribe them. The letters in PDF format published on the website are two letters signed by Hulhumeedhoo Majlis member Ilyas Labeeb, and five letters signed individually by Madaveli member Mohamed Nazim, Kedhikulhudhoo member Ahmed Eesa, Thinadhoo member Mohamed Gasam, Machangoalhi-South member Mohamed Rasheed and Baarashu member Mohamed Shifaz.

At the end of last month, letters were presented as evidence by the police at the High Court as evidence supporting charges of treason and bribery against Yameen and Gasim, but Haveeru ‘could not confirm if the letters are the same’. The letters on the website claim that Yameen and Gasim offered ‘rewards’ if the MDP Majlis members join the opposition People’s Alliance and Jumhooree Party, according to Haveeru. Mohamed Gasam confirmed the credibility of his letter and said it was sent to the President because of offers he had been receiving from Gasim since February.

Ilyas Labeeb told Haveeru he had not seen the leaked letters, but when the contents of the two letters signed with his name were read out, he confirmed that he had written a letter “to that effect”.  President’s Office press secretary Mohamed Zuhair told Haveeru he could not confirm the credibility of the letters. “I have also seen the letters,” said Zuhair. “I cannot say whether the [leaked] letters were the letters sent by the MPs [to the President], since the investigation is underway.”

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Disabled Maldivians helped by Special Needs bill

A law to protect the rights of intellectually disabled Maldivians, and provide them with financial assistance, has been ratified by President Nasheed.

The Special Needs bill, passed by the Majlis on 22 June, contains “principles and procedures” to provide “protection and financial assistance to people with special needs,” according to the President’s Office website.

The bill was originally passed by the Majlis on 21 December 2009 but was returned by the President for reconsideration of articles that, in his opinion, contravened international standards and the Convention on the Rights of Persons with Disabilities.

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Majlis amendments against Constitution and convention: President Nasheed

Under the Constitution and conventions, the President has the power to seek nominations to the Civil Service Commission and submit nominations to the Majlis, said President Nasheed in his weekly radio address. Making nominations for the commission to the Majlis was not its legal role, said the President, and he was returning amendments to the Civil Service Act to the Majlis for reconsideration.

The power of the President to seek and receive nominations to the commission, and select applicants, is removed under an amendment to Article 13 of the Act passed by the Majlis on 22 June. This power would be taken by the Majlis, and the President would have to appoint whoever they selected. The President would not have power of approval, unlike the power of approval given to the Majlis under the original Act.

A secret ballot would be used by the Majlis to appoint the chairperson and deputy chairperson of the commission under an amendment to Article 17 of the Act.

The Majlis would have the power to dismiss members of the commission if their actions are “inappropriate”, or if they are unable or incapable of fulfilling their duties in the view of the Majlis, according to an amendment to Article 15 of the Civil Service Act.

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Spain to win World Cup: Paul the Octopus

Paul, the world’s leading octopus fortune teller, has selected Spain as the winner of the 2010 World Cup.

The so-far infallible invertebrate, also known as the mighty mollusc medium, picked the outcome of all six of Germany’s World Cup matches so far, and took only three minutes to tip Spain to beat the Netherlands.

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Solar Impulse prototype plane completes night flight

The Solar Impulse plane powered by 12,000 solar cells on airliner-size wings has flown through the night with three hours of power to spare.

It flew for 14 hours in daylight to accumulate energy for the night section of its flight.

After 26 hours in the air, pilot Andre Borschberg landed the prototype aircraft at Payerne airbase in western Switzerland.

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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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Lale School teacher and deputy flee Maldives

The Deputy Principal of Lale Youth International School Suleiman Atayev has fled the country, along with the computer studies teacher Yunus Yildiz.

Both staff members left seperately on flights on Sunday and Monday evening, and did not inform the school they were leaving.

Managing Director of Biz Atoll Abdulla Jameel, the Maldivian company responsible for the school which operates it under agreement with a group of Turkish businessmen after acquiring it from the former government, confirmed the unannounced departure of the two staff members.

“It is true. We have no idea why they left. We recently brought some changes to management and demoted the deputy principal [Atayev] to a teacher. I have no idea why the computer teacher left,” he said.

Minivan News understands that the pair were also implicated as suspects in the assault case facing Akar, after school staff testified against him.

Police Sub-Inspector Ahmed Shiyam said while Akar’s case was before court, there was “no specific evidence” to hold the two other staff members in the Maldives.

Akar’s passport was confiscated by police at immigration when he attempted to flee the country in May, shortly after Minivan News published an investigative report containing allegations by parents and staff members against him. He attempted to flee a second time and was detained in police custody.

An assistant principal also fled the country in January after Minivan first published allegations of child abuse raised by parents.

Atayev, who announced himself acting principal following Serkan’s detention by police, previously told Minivan News he was confident charges against the former principal would be proven false.

He was also very critical of the Human Rights Commission of the Maldives (HRCM) investigation into the school: “They are refusing to tell us the nature of the complaints they are investigating. They are supposed be about human rights but they are not respecting ours,” he told Minivan News in May.

Shiyam said today that police were aware that the HRCM report “contains a lot of information against the school.”

“It has been a difficult investigation for us because of [a lack] of people coming forward to give evidence. We are still investigating,” he said.

Among nearly 50 recommendations, HRCM’s report recommended “that police should investigate the physical and psychological abuse going on at the school as an urgent concern,” and “separate those suspected of physical abuse from the school’s students until the police investigation is concluded.”

HRCM also recommended that the Education Ministry terminate its contract with Biz Atoll, “and hand over management as soon as possible to a qualified party.”

Deputy Education Minister Shifa Mohamed said the Education Ministry was under the impression that Suleiman Atayev was still the school’s acting principal, however Deputy Education Minister Dr Abdulla Nazeer said the Ministry was not required to be aware of the “hiring or firing of staff by school management.”

“I understand two deputy principals have been terminated – one local, the other expat,” he said.

Jameel confirmed that Turkish national Mohamed Akis Erdogan has taken over as principal of Lale, while Maldivian Moosa Rasheed has been appointed as deputy principal.

“The school is much better now,” he promised.

Dr Nazeer said he had met Erdogan on several occasions and had found him to be “educated and academic”.

“He has an undergraduate degree, a masters and a teaching diploma,” Dr Nazeer said, “the type of qualifications we require for the position of a principal.”

He said he was unable to comment on the validity of Erdogan’s qualifications, and had requested Biz Atoll validate them with the Maldives Accreditation Board (MAB).

He would not comment on whether the departure of so many senior staff members this year raised questions about Biz Atoll’s hiring practices, but noted that “when the school was given to Biz Atoll, I am not sure the previous government made the financial and other checks that needed to be done before handing over a school. Now, based on our criteria for public-private partnerships, I wouldn’t say these requirements had been checked.”

The Ministry was constrained by the “relatively simple contract, which had no minimum standards or a termination clause,” he said. “The Ministry has now amended the contract [to include these].”

The contract, together with the HRCM report, have been forward to the Attorney General’s office by the Education Ministry, which expects to receive an answer by next week as to whether the government can withdraw the school from Biz Atoll.

Minivan News investigated the school in May, after parents and staff members aired concerns that the school was a ‘cardboard’ front for an international tax and visa racket operating out of Turkey, whereby Turkish businesses would allegedly make tax-free charitable donations through the company funding the schools in tax-friendly countries, and reclaim the funds through disproportionately high wages paid to local staff ‘in’ on the scheme.

One staff member reported sighting “bundles” of Rf 500 notes being given to Turkish staff, while a parent claimed to have spoken to one of the Turkish businessmen involved with the school, who had boasted that his business donated money to the school because under Turkish taxation law he did not have to pay taxes on it.

Another teacher told Minivan News that “Turkish teachers escort Turkish businessmen around the school on a weekly basis, and regularly make trips to Turkey. We certainly couldn’t afford to go to Turkey on our salaries, and this is a school that can’t even afford clocks or light bulbs.”

“A lot of money is going somewhere,” another suggested.

The school, which was provided to Biz Atoll free by the government, reportedly receives 50 percent of its funding from a group of Turkish businessmen who pour charity funds into schools in several developing countries, including Sri Lanka, Burma, Indonesia and Cambodia. Minivan News understands the new principal has arrived from a school belonging to the group in India.

Overshadowing repeated controversies over the school’s management is the issue of capacity. The school, which Minivan News understands was built to accommodate almost 1000 grade school students, currently has an enrolment of 98, not including the preschool.

“That is a major concern for us and we have raised it three or four times,” Dr Nazeer said. The government intends to build many homes and flats in Hulhumale and if every flat has 2-3 kids, we anticipate that the population of children [on the island] will double or even triple. So we need to better utilise the schools [on Hulhumale].”

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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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