July 2010 – Page 4 – Minivan News

Comment: In love of democracy

Recent political developments not only confirm that democracy certainly is not ‘the only game in town’ – which is the simple test of consolidated democracy according to political scientists Alfred Stepan and Juan Linz – but also make one doubt whether there has been a completed democratic transition in the Maldives.

Two issues – the increasing inability of the government to generate new policies, and the de jure and de facto sharing and blurring of the powers of the executive with those of the legislature – put into question the transition to democracy.

‘Cash for votes’ in the parliament, the failures of the judiciary, reaction from government to predatory politics, the inaction of the civil society, the unreflective ‘political society’ polarized between two violent tribes, show that games from the authoritarian era can still be the favourites in town.

Failure of institutions VS human failure

Sri Lanka’s foreign minister, who is also trained in law, recently argued that the reasons for the current impasse lie in the institutional design of the 2008 constitution. President Nasheed agreed at a press conference on Wednesday. The unique features of presidentialism are also the institutional reasons for similar political deadlock as argued by others like Linz.

Yet institutionalism is not a sufficient reason – for either evil or good.

For, even perfect or just constitutions may not result in good outcomes or realisations.

As Nobel laureate Amartya Sen powerfully argues in his recent book The Idea of Justice the compliance of people’s behaviour with the demands of institutions is necessary for comprehensive good outcomes.

Wealthy parliamentarians can buy votes, minority parties can filibuster and disrupt parliament’s work, parliamentarians can block legislation and misuse constitutional provisions, authorities can arbitrarily arrest people and bypass due process, judges can be biased, executive can ignore court orders, and oversight bodies can be power-ridden.

To avoid, therefore, ‘justice in the world of fish’ where powerful predators devour the rest, both institutions and behavioral compliance, both processes and substance, are essential.

The persistence of predatory culture

Recent revelations show that predatory practices in the country are shockingly persistent. If what Larry Diamond, who has extensively written on political transitions, describes as ‘predatory society’ is an ideal type, the Maldives may not be far away from it. He describes, and I quote in length from Civic Communities and Predatory Societies:

In the predatory society, people do not get rich through productive activity and honest risk-taking. They get rich by manipulating power and privilege, by stealing from the state, exploiting the weak, and shirking the law.
Political actors in the predatory society will use any means and break any rules in the quest for power and wealth. Politicians in the predatory society bribe electoral officials, beat up opposition campaigners, and assassinate opposing candidates. Presidents silence criticism and eliminate their opponents by legal manipulation, arrest, or murder. Ministers worry first about the rents they can collect and only second about whether the equipment they are purchasing or the contract they are signing has any value for the public.
Legislators collect bribes to vote for bills.
Military officers order weapons on the basis of how large the kickback will be. Ordinary soldiers and policemen extort rather than defend the public. In the predatory society, the line between the police and the criminals is a thin one, and may not exist at all. In fact, in the predatory society, institutions are a façade. The police do not enforce the law.
Judges do not decide the law.
Customs officials do not inspect the goods. Manufacturers do not produce, bankers do not invest, borrowers do not repay, and contracts do not get enforced. Any actor with discretionary power is a rent-seeker. Every transaction is twisted to immediate advantage. Time horizons are extremely short because no one has any confidence in the collectivity and its future. This is pure opportunism: get what you can now. Government is not a public enterprise but a criminal conspiracy, and organized crime heavily penetrates politics and government.

Again, he says that “Corruption is the core phenomenon of the predatory state.”

The problem with such a society is that it cannot sustain democracy.

How to leave Las Vegas

President Nasheed’s government no doubt represents a victory against the forces of predation. However, some reasonable people have questioned whether his government’s recent reaction to predatory politics was legitimately conducted.

Of course, as value-pluralists like Isaiah Berlin remind us, we may take the risk of drastic action in desperate situations. So to give the government the benefit of the doubt, legitimacy aside, it is questionable if the government’s actions such as arrests and fomenting masses will lead to improvement.

Writing about political deadlocks, political scientist Scott Mainwaring has this to say:

“Common among populist presidents, such a pattern [i.e. mobilizing masses] easily leads to escalating mutual suspicions and hostilities between the president and the opposition.”

Moreover, by detaining otherwise predatory characters on questional grounds, we are giving them the benefit of victimhood and making them ever strong and popular. There is no greater tragedy to responsible opposition politics than having predatory characters as the most popular.

To my mind, therefore, there is no alternative to talks as an immediate measure, and strengthening institutions of horizontal accountability such as the Anti-Corruption Commission, the Audit Office, and the judiciary for long haul.

As a discursive yet instrumental tool, government must strengthen its public communication and pressure the parliament into compliance through public sphere.

As a permanent policy, it is time the government took for granted that it is a minority in the parliament, gave way for real negotiations rather than consultations, and got prepared for painful compromises.

Politics after all is the art of the possible.

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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President nominates Uz Ahmed Faiz Hussain as chief justice

President Mohamed Nasheed has nominated Supreme Court Judge Uz Ahmed Faiz Hussain as Chief Justice, for approval by parliament.

The President made the nomination in accordance with Article 147 and Article 297 (a) of the Constitution, the President’s Office said.

Article 147 states that there shall be a Chief Justice of the Maldives and the President shall appoint the Chief Justice after consulting with the Judicial Service Commission (JSC) and confirmation of the appointee by the People’s Majlis. Earlier, the President consulted with the JSC on the matter of nominating a Chief Justice.

Article 297 (a) states that within two years of the commencement of the Constitution, appointments to post shall be finalized in accordance with the provisions of the Constitution.

Uz Ahmed Faiz Hussain has also served as a Judge at the Civil Court and the High Court.

The President urged Speaker Abdulla Shahid to expedite the process of confirming the President’s nomination as the Chief Justice of the Maldives.

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National Museum will broaden exploration of Maldivian history

The New National Museum will give Maldivians the opportunity “to examine and reinterpret our culture and whole way of life”, claims Ahmed Naseer, the state minister for Tourism, Arts and Culture.

“It’s a great museum complex that includes Male’s best garden park. We now have a lot of space for people to express themselves in various ways, and where people can take refuge from this hectic life in Male. A place where they can relax, experience a bit of entertainment, and improve their historical and cultural knowledge.”

Built by the Chinese government as part of a UNESCO project planned for almost 20 years, the new museum will officially open on Independence Day, Monday 26 July.

For the opening, the new building facing Chandanee Magu will show exhibits mainly from the old museum at the nearby Sultan’s Palace, while the other new building across the park will feature an exhibition of 120 faiykolhu or Maldivian legal deeds and other official documents dating from the 1600s to the 1930s, according to Aminath Shareef, who has been cataloguing the faiykolhu.

They have never been exhibited before, and were selected from 800 documents discovered by chance in Male in December 2008. “We’ve chosen a variety of documents for Maldivians to see at the opening,” says Shareef. “They are written in Dives Akuru, Tana, English and Urdu scripts.”

“The first Maldivian museum was established in the early 1950s,” says Ahmed Naseer. “Our collection has moved four times. At last it has found a permanent home. We will also try to acquire other private collections that people have in their homes. These people are waiting for a secure place to exhibit their precious possessions. We will be inviting them to display their collections, or lease items to the museum. We may even buy their collections once we have the legal framework in place. So it’s a very exciting future.

“We can finally address many issues that have lain dormant in our society. Historians use old books and other things to interpret history, but in our case there are very few books and the questions about where Maldivians came from and who we were before and after we converted to Islam – these questions have remained unexplored. Through the museum we can start examining and interpreting periods of our history, and this will give us a chance to find some answers.”

“Many Maldivians are aware of the fascinating work done on coral stone at the old Friday mosque. We are in the process of applying to UNESCO to have the mosque placed on the World Heritage list. In the Maldives, coral stone sculpture is a common factor throughout the atolls and some experts claim Maldivian coral stone work is the best in the world. Of course that is debatable, but through the museum we can examine these issues, and assess our heritage.

“There is a lot of interest among our young people and students. They are all looking forward to the opening. It’s something good that’s happening. We plan to integrate the museum with the education system. At the moment the heritage department is involved in setting up administration for training staff, but we will also be inviting lecturers to utilise the museum space.”

“Now the building has been finished, and the President and his cabinet decided we should open it on Independence Day,” explains Mamduh Waheed, deputy minister for Tourism, Arts and Culture, “we have to show our appreciation to the Chinese government and assure them that we will utilise the facilities they have so kindly provided.

“Within the ministry and the new heritage department we don’t have the capacity to handle the opening. Former members of the National Centre of Linguistics and History (which has now been disbanded) are helping, but even then we needed much more assistance, so the cabinet decided to put together a taskforce.”

Many Male organisations and government departments are taking part in the effort to have the museum ready for the official opening, according to taskforce co-ordinator Aminath Athifa, “Dhiraagu are working on the PA system, the Male’ Municipality and STELCO are helping, and the police are providing security as well as the MNDF who are also handling the physical transfers and exhibit arrangements. Every movement of our collection is photographed and documented.”

Regarding the museum’s long-term plans, Ahmed Naseer says, “We’ll be exploring non-academic methods of creating interest. In the future, there’ll be exhibitions to attract people who would not normally think a museum is a place for them. A lot of our old craft skills are dying away and they need to be revived. For example, the mat weaving that still occurs in Gaadhoo on Huvadhu atoll, and the lacquerware from Thulhaadhoo in Baa atoll. We will have exhibitions that include the craftspeople, and they can show others how mats and lacquerware are made. In Male we have a very fast pace of life and young people are often quite unaware of these skills. The people from the islands can show us how these beautiful things are created and it will inspire a resurgence in our craft skills and ability to earn more tourism income.”

The training of staff is the biggest challenge facing the museum’s administrators, Naseer explains. “We expect to receive assistance from other countries who are experienced in museum management, and hope to send our young people to neighbouring countries to get training in preservation methods.

“Invitations will be sent to foreign students to come and work as interns with local people; for example through the Heritage Centre in Singapore. We are planning to have exchange programs enabling our people to work overseas in other museums. This will help alleviate our staff shortages. A lot of people are looking forward to this; the level of expectation is high.

“From the beginning of the consultative process almost two decades ago, an important issue was the provision of a human resource program to train people to run the museum and maintain the collection. But the human resource requirements were not attended to; all the focus was on getting these huge buildings erected. It’s a pity that UNESCO didn’t insist on the training part of the project.

“Maldivians are very interested to learn about their heritage,” Naseer believes. “Most of it is not known. They will be able to question things for the first time. They were used to just obeying and accepting what they were told; not using their own minds. This is an opportunity for Maldivians to improve their knowledge of their past. They don’t have to be afraid to ask questions.

“A museum can be an exciting place that inspires people and we will develop the sort of trained staff the Maldivian people need to help them understand their heritage.”

Sultan’s Park and the Eden Project
An integral part of the new museum is the development of Sultan’s Park, situated between the two museum buildings, into a unique Maldivian botanical garden.

“Maldives is Eden’s latest project area,” says the organisation’s English curator, Ian Martin. “At the moment we are trying to renovate this very attractive garden and turn it into something with a big emphasis on the plants of the Maldives – how people think about them, how they use them. These plants can be used for fruit and vegetables, but there can also be plants for their spiritual satisfaction, appreciated for their beauty.

“Over the next year or so, we’ll really get involved with the transformation of a rather traditional ornamental garden into something very special for Maldivians. It will become a place where Maldivians can understand themselves and what their future could be – giving them ideas about how they can progress towards a more sustainable economy that isn’t just relying on fish and tourism.”

199lpibu — The museum will help promote research into Maldivian culture

Ian Martin worked as a horticulturalist in tropical countries for 23 years before joining the Eden Project fourteen years ago. “My links abroad became useful to promote Eden’s philosophy of improving the understanding and care of plants for crops and conservation around the world,” he says.

“Helping in the initial landscaping work are labourers and other staff from the city’s nursery and the Male Municipality, and of course the MNDF personnel who have been really great and very easy men to work with.”

“The second phase of our work will be turning Sultan’s Park into a specialised garden – the only place in the world where you will find this particular collection of plants with these stories,” Martin explains. “We want to produce something distinct for the Maldives – something beyond being a nice garden with pleasant shade. Maldivians will find plants that have played a key role in their cultural identity. It will become a place for children to understand what it means to be a Maldivian. It can’t be boring, it has to be entertaining, and something they won’t be able to find anywhere else.”

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President releases Yameen

People’s Alliance (PA) MP Abdulla Yameen was released Friday afternoon from his controversial detention on the presidential retreat island of Aarah, more than a week after he was taken into ‘protective custody’.

Maldives National Defense Force (MNDF) spokesman Major Abdul Raheem confirmed that Yameen – former President Maumoon Abdul Gayoom’s half-brother – had been released from custody under orders from President Nasheed.

“He was released at his house and we are no longer providing him with security,” Raheem said, adding that Yameen was never “under arrest”.

The leader of the minor opposition party, who was last week released from house arrest by the Supreme Court, had been accused by the government of corruption, bribery and treason alongside Jumhoree Party (JP) MP Gasim Ibrahim, a high-profile businessman thought to be one of the wealthiest men in the Maldives.

Deputy Speaker of the Majlis and PA Deputy leader Ahmed Nazim is also facing allegations of corruption concerning the judiciary, along with ruling party MP Mohamed Musthafa. Both were released by the criminal court last week due to the court ruling that current evidence was insufficient to warrant their detention.

The week prior to Yameen’s detention, recordings of phone conversations between the MPs implicating them in apparent corruption and vote-buying were leaked to the media, prompting both a rise in public anger against MPs and debate over the ethics of tapping personal phone calls.

After taking him into custody following violence outside his house last week, MNDF refused to present Yameen in court despite an order from the Criminal Court on July 15. Parliament’s speaker Abdulla Shahid on Wednesday suspended parliament indefinitely until the release of the MP.

Meanwhile, a coalition of opposition-aligned parties including the Jumhoree Party (JP), People’s Alliance (PA) Dhivehi Qaumee Party (DQP) and Dhivehi Rayyithunge Party (DRP) appealed to the international community to put pressure on the government to release Yameen.

The government contended that even though Yameen was being held on Aarah against his will, his detention was constitutional because of public anger towards Yameen and the risk to his safety.

Assistant Secretary to the United States Robert Blake, who visited briefly last week, suggested the President “either charge or release Mr Yameen.”

Speaking to Minivan News this morning, Yameen confirmed he had been “fully released”.

“I think [President Nasheed] finally realised concept of protective custody was ridiculous,” Yameen said, adding that he felt safe walking the streets.

“I have personal security in my house, but I can’t afford more than that,” he said, adding that he expected the police and MNDF to protect his home from further mob violence.

“[Otherwise] I’m perfectly capable of defending myself,” he said, explaining that he had “followers” who would protect him at the price of continued street violence.

Yameen said he was unsure why the government had sought to gain by detaining him, as the opposition parties were “already engaged in dialogue with the government two days before my arrest.”

“Perhaps the President thought it was the only way I would cave into his demands. Otherwise his actions are incomprehensible – he certainly hasn’t gained anything from this,” Yameen suggested. “International reception has been bad and locally very hostile.”

Yameen further added that the President’s comparison of him during a press conference last week to former President Amin Didi, who was assassinated by a mob in Male’, was “grotesque”, and that Male’ was not suffering from such a degree of public disorder.

Of his custody, Yameen described the physical conditions as “OK”, however “nobody except my wife, children and my lawyer had access to me.”

Ahmed Thasmeen Ali, Leader of the major opposition party, the DRP, said last week that Yameen’s custody was the “essence” of the present deadlock as the government had “not followed due process”.

A rare press conference to be held at the President’s Residence Muleaage this morning at 10:45am was cancelled at the last minute.

The President’s Press Secretary Mohamed Zuhair was not responding to calls at time of press.

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Island growth in Maldives may counter rising sea levels: Speigel Online

The Maldives may be growing with the rising waters, say a team of six scientists studying the sediments and growth of Maldivian islands.

“We take climate change very seriously,” says Paul Kench, a geologist from the University of Auckland in New Zealand. “But in order to correctly predict the real consequences for the atolls, we first have to understand how they will actually respond to rising sea levels in the future.”

The Maldives attained their current form about 4,000 to 5,000 years ago, according to the scientists’ research. Even natural disasters like the 2004 tsunami, which killed at least 82 people in the Maldives, do not destroy the islands, Kench claims. On the contrary, the Indian Ocean tsunami even added new sediments. “We’ve measured up to 30 centimeters of growth in some places,” he says.

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Major housing and infrastructure projects announced by President Nasheed

New housing projects would begin in Thinadhoo and Kolamaafushi on Monday, President Nasheed announced during his weekly radio address. Similar projects would soon be launched in four other islands including Kulhudhuffushi, Manadhoo, Naifaru, and Feydhoo on Addu atoll.

The government was “extremely pleased” that housing projects could start outside the capital, he said. A road project would begin in Kulhudhuffushi, and several harbour projects would also be started on Monday. Road projects in Thinadhoo, Addu atoll, Fuahmulah and Laamu atoll would also begin soon.

On the Independence Day, the New National Museum, the Velaanaage complex, a new building for the Defence Ministry, and a new building for the Police would be officially opened.

President Nasheed paid tribute to former President Nasir (1968-1978) for his efforts to secure full independence for the country from Britain. The Maldives was a British protectorate from 1887 until 25 July 1965.

Maldives gained full independence on 26 July 1965.

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Australians have “primitive phobia” of sharks and “19th century idea of the ocean”: Tim Winton

“We have this 19th century idea of the ocean; we still have this idea that the ocean can absorb the punishment that we dish out,” says award-winning Australian writer Tim Winton. “We think we can just keep putting a few hooks in and we’ll pull something out.”

“People have begun to understand that the great fish like tuna and the marlins and the swordfish are in massive decline … but people don’t realise that sharks are among that cohort. In fact, sharks are really more threatened than whales or dolphins,” he says.

“I’m asking people to be conscious of the kind of footprint that we leave… It’d be a sad thing to bequeath to our children an empty, acidic ocean.”

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US Assistant Secretary Blake claims political stalemate can be solved through dialogue

United States Assistant Secretary of State for South and Central Asian Affairs, Robert Blake, has urged the Maldives’ deadlocked executive and opposition-majority parliament to work “collaboratively together to end the current political impasse.”

Speaking to the Maldivian press in the American corner of the National Library after a day of meetings with government, opposition and parliamentary figures, Blake suggested it was ”time for all sides to put aside narrow partisan differences so they can resume work to serve the people, and restore confidence in the public institutions of the country.”

The former ambassador to Sri Lanka and the Maldives claimed the current political crisis facing the Maldives “is one that is familiar to many democracies – the president represents one party while the opposition controls the parliament.”

“I told President Nasheed and [DRP leader] Mr Ahmed Thasmeen Ali that there is really only one way out – both sides must be open to dialogue and compromise. I’m very confident that both sides are capable of that,” Blake said, adding that this had been proved during the drafting of the constitution in 2007-2008.

“A continued stalemate is in no one’s interest. There is a risk of further violence and that in turn will impact tourism and aggravate the economic challenges the Maldives faces. The people really want to see their politicians work together to deal with some of the big challenges the country is facing,” he said.

Blake observed that it was also “very important” for the government to work in accordance with the rule of law, and suggesting President Nasheed either charge detained People’s Alliance (PA) MP Abdulla Yameen, who has been accused of corruption and treason, or release him from his ‘protective custody’ on the Presidential Retreat at Aarah.

Blake implied he was aware of challenges facing the judiciary and noted that there were “some very important steps to be taken in the near future regarding the Supreme Court nominees and the continuation of their terms”, but said this was “just one more reason for the government to work together with the opposition.”

Meanwhile at an opposition coalition press conference earlier this week, Thasmeen and Jumhooree Party (JP) Leader Gasim Ibrahim announced that the opposition front was ready and willing to engage in peaceful dialogue to resolve the political deadlock.

However, said Thasmeen, the government’s actions were “worsening the situation” and the controversial detention of Yameen was not conducive to peaceful dialogue.

“As you know, leader of the People’s Alliance Abdullah Yameen is under military custody,” he said. “This is unacceptable. We are seeing that there is no rule of law in the country anymore.”

Alleging that Yameen’s detention was illegal and “outside the bounds of law”, Thasmeen added that the opposition coalition did not believe parliament sittings could be held in the absence of the Mulaku MP.

Yameen’s detention was the “essence” of the present deadlock as the government had “not followed due process”.

Gasim reiterated the opposition’s coalition desire for “a just solution” to the current political crisis and urged the government to “immediately release Abdulla Yameen” and consider the importance of allowing the People’s Alliance leader to participate in the talks.

The DRP parliamentary group leader told press that the unified parties had undertaken “broad” diplomatic efforts to inform foreign embassies, governments and international agencies of the situation in the Maldives and seek assistance and support.

“I went to Ceylon about a week ago, met embassy officials, informed them of the situation and asked for assistance,” he said, adding that the opposition coalition was working with the UN, the Inter-Parliamentary Union (IPU) and the Commonwealth.

Thasmeen claimed that the concern expressed by the international community following the recent unrest was “unprecedented”.

Dhivehi Qaumee Party (DQP) Leader Hassan Saeed is meanwhile lobbying for international support in the UK.

On the opposition coalition’s nightly protests outside the DRP office, Thasmeen said the party was forced to “mobilise our supporters” due to the dangers posed by the ruling Maldivian Democratic Party activists’ “vigilante justice”.

Gasim joined the DRP leader to condemn “calls for people to be killed” and protest gatherings outside judges’ residences.

The opposition leaders also revealed that talks mediated by Sri Lankan President Mahinda Rajapaksa had failed.

While Speaker Abdulla Shahid yesterday announced that sittings would be canceled “indefinitely” following the MNDF refusal to escort MP Yameen to parliament this week, a statement issued by parliament today welcomes the inception of talks between the government and opposition parties.

It adds that although the coming week included national holidays on the occasion of Independence Day on July 26, the Speaker hoped political parties would be able to “establish an environment” for the parliament to function.

“After the hoped-for talks, I intend to hold a Majlis sitting on August 1, 2010,” it reads.

President Mohamed Nasheed meanwhile told press yesterday that he hoped all parties, “especially MDP and DRP,” will be able to come to the negotiating table and resolve the dispute peacefully.

Asked about MP Yameen’s continued detention, Nasheed acknowledged that “nobody could argue that for anyone to remain in custody while peace is to be achieved is the right away.”

While foreign mediators were needed in some cases, said Nasheed, most foreign parties were not prepared to “stay for the long haul” but rather desired credit for their role.

“Nothing can be solved in one sitting,” he said. “I feel that a Maldivian should be the mediator…and foreign parties could talk to the local mediator. In any case, the Commonwealth is saying they are ready, the European Union is saying they too are ready, the UN is ready, four friendly nations are saying they ready. So now I don’t know who to ask.”

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Mass circumcisions for young Zimbabwean men

80% of young Zimbabwean men will be circumcised in a plan by Population Services International and the Zimbabwe government to cut the incidence of AIDS in the country.

The intention is to operate on 1.2 million men using a ‘conveyor belt’ system that performs 10 operations an hour.

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