Day: March 17, 2012

Government dismisses Commonwealth’s “biased” early election calls, fears “civil war”

The Maldives government has dismissed the Commonwealth Ministerial Action Group (CMAG)’s call for early general elections as biased, claiming the nation is not capable of holding a free and fair vote at present.

The CMAG on Friday reiterated its call for early elections after former President Mohamed Nasheed accused the government of his successor, Mohamed Waheed Hassan, of coming to power in a “coup d’etat.”

CMAG said it strongly believed “that the earliest possible expression of the will of the people was required to establish universal faith in the legitimacy of those who govern the [Maldives].”

However, at a press conference today, State Minister for Foreign Affairs Dhunya Maumoon criticised CMAG’s statement, which she alleged served to promote the interests of specific parties or individuals.

“The statement somewhat promotes the interests of a certain party or a certain individual. But I don’t want to say that exactly. Because there are many statements that are positive towards the government,” she told reporters.

The state minister added that she was “astonished” by CMAG’s continued call for early elections, calling the transfer of power to President Mohamed Waheed Hassan as “legitimate”.

Early elections in the Maldives without sufficient parliamentary-mandated reform could potentially lead to “civil war,” she said.

“We have to build a peaceful and secure atmosphere. We have to strengthen our institutions so that they are independent. Otherwise, I have no doubt that if we hold elections, the political situation of the country will deteriorate further. It is already quite divided. If there is an election, and if some people do not accept the election results, I cannot say there won’t be a civil war. I do not want to see such a thing happen in the Maldives,” she said.

Dhunya added that no other international body other than the Commonwealth has expressed concern over the current political uncertainty in the Maldives.

The EU has also raised issues over judicial reform and the exact nature of how President Waheed come to power last month.

“My hope is that the UN and other neighboring countries help the Maldives on its request. Not for them to impose their interests on us,” she added.

The government will also support the Commonwealth’s Special Envoy to the Maldives Sir Donald McKinnon, she said.

Positive aspects

However, she conceded that CMAG’s statement wasn’t entirely “biased” against the current government’s actions, claiming it was positive about some aspects of the executive’s work.

“There are many statements that are positive towards the government, such as the initiative for all-party talks, and other statements. Also, they have expressed concern on the obstruction of parliamentary proceedings,” the state minister added.

The State Minister for Foreign Affairs comments were reportedly shared by PPM MP Abdul Raheem Abdulla, who yesterday accused CMAG of favouring certain political parties in the country and failing to recognise the need for  wider judicial reform as part of all-party road map talksdesigned to secure fair presidential elections.

A coalition of political parties including the PPM and DRP have boycotted the road map talks, designed to overcome the current political stalemate at present, in response to the Maldivian Democratic Party blocking a parliamentary sitting earlier this month that prevented President Mohamed Waheed Hassan from delivering his inaugural speech.

The MDP maintains that President Waheed came to power in a “coup d’etat” sponsored by opposition figures, certain business leaders and sections of the military and police force, leading to calls for early elections to settle the dispute that saw President Mohamed Nasheed “resign” from office.  Nasheed later alleged he had been forced into resigning under military pressure.

Abdulla told reporters gathered at yesterday’s press conference that CMAG’s calls for early elections were unrealistic without securing further talk on amendments to the country’s constitution and judiciary – issues he said would be vital in ensuring an “appropriate environment” for elections.

“I also note that their [CMAG’s] statement is biased and that it harbours the interests of a particular individual” he was quoted as saying.

PPM members Ahmed Mahloof and Ahmed Nihan were unavailable for comment when contacted by Minivan News at the time of going to press over the exact nature of the judicial and constitutional reforms called for by MP Abdulla.

Adding that the roadmap talks were designed to establish the correct preparations for any early elections, Abdulla claimed that CMAG should be issuing statements free from “predjudice” that would serve the interests of the whole nation rather than certain individuals, Haveeru reported.

CMAG investigation

Following a fact-finding mission in February and an extraordinary meeting on the situation in London, the Commonwealth suspended the Maldives from participation in CMAG and called for an internationally-assisted independent inquiry into the circumstances surrounding the change of government on February 7.

The Commonwealth also expressed concern about early efforts on behalf of Dr Mohamed Waheed Hassan’s new government to arrest former President Nasheed, following the issuing of an arrest warrant in the immediate days following the change of power.

In its most recent statement, CMAG expressed regret over the disruption of parliament on March 1, and “urged all parties to engage in dialogue without delay, in earnest and in good faith with a view to achieving agreement on the date of early elections, and the processes required to do so, including any necessary constitutional amendments and supporting legislation.

“The Group also noted that the Commission of National Inquiry in Maldives had commenced its investigation into the events between 14 January and 8 February 2012, but that it had not secured cross-party support.

In this context, CMAG acknowledged that international assistance for the investigative mechanism has been requested, and noted that the Commonwealth could be of potential assistance. It reiterated its strong belief in the importance of the work of the Commission and the conviction this should carry in Maldives and internationally.”

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PG criticises Home Minister, calls for action on police brutality allegations

Prosecutor General (PG) Ahmed Muizz has criticised Home Minister Ahmed Jameel for “misinforming” the public over the PG office’s performance in a press release unveiled Thursday (March 16).

Muizz, responding to comments made by Jameel,  called on the home minister to himself act upon and investigate allegations of police brutality and other unlawful acts carried out during the controversial transfer of power on February 7.

The statement counters allegations made at a press conference held March 11 in which Jameel called the criminal prosecution system “lazy,” claiming that the PG office was delaying the prosecution of cases relating to arson and vandalism in Addu City on February 8.

Supporters of former president Nasheed are alleged to have destroyed police, court buildings, vehicles and a police training centre on February 8 in Addu in the aftermath of a perceived brutal police crackdown on protesters in Male’.

Muizz said although the police had claimed by February 16 to have filed cases related to widespread violence that occurred on February 8, the PG had only received incomplete documents as of February 21. He pledged he would expedite the February 8 cases, but only after verifying evidence related to them.

“This office is not mandated to prosecute all cases submitted by the Maldives Police Services,” the statement read. “This office will only lay charges once we have independently verified all evidence and if we believe the accused can be convicted.”

In Defence

Responding directly to Home Minister Jameel’s criticisms of the amount of work being carried out by the PG’s office, Muizz claimed that he could only conduct cases within the wider parameters of the criminal justice system.

“Some note an ‘extraordinary delay’ with cases submitted to this office.  But the PG’s office believes the performance of any institution within the criminal justice system must be measured based on the nature of the institution’s work, and in comparison with other offices with which the institution coordinates its mandate with,” Muizz stated.

Jameel had previously said that the delay in prosecution did not lie with the police, but rather with the PG’s office.

However, Muizz noted that of 305 cases the police had filed for prosecution in January and February of 2012, only 97 cases had been investigated and filed within three months of the crime being committed

Of these, only 22 were cases related to offences committed in 2012. In 42 of the 305 cases, the police had taken over a year or more to complete investigations, the statement also noted.

The PG office had also submitted 442 drug-related offenses to the criminal court, and had completed 87 percent of cases filed with the office in 2011.

“Hence, we do not believe our performance is far behind that of other institutions within the criminal justice system,” the statement read. However, many aspects of the criminal justice, including that of the PG office, needed to be strengthened in order to better serve the public, the statement added.

Allegations against Police

“I believe the Home Minister, as one mandated with upholding the constitution and the fundamental rights of the citizens of the Maldives, must act upon allegations of unlawful behaviour said to have been committed by the police between February 6 and 8 through an internal process that the public can trust, but one that does not cause loss of faith in the police,” Muizz said.

Former President Mohamed Nasheed announced his resignation after the military joined a police mutiny on February 7.

The next day, Nasheed alleged the transfer of power had been a coup d’état and led a peaceful march in Malé on February 8.  Police were widely reported to have used tear-gas and excessive force against Nasheed’s Maldivian Democratic Party (MDP) supporters.

Amnesty International (AI) has issued several statements condemning and documenting police violence in Malé and Addu City on  February 8 and in the weeks following the transfer of power.

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Foreigner receives minor injuries after Male’ stabbing – police confirm

Police have confirmed that a foreigner received minor injuries after being stabbed yesterday afternoon following an attempt to cross an area where a protest was taking place in Male’.

The Maldives Police Service confirmed that it was investigating an attack on a foreign national that took place between 4:30PM and 5:00PM yesterday whilst a Maldivian Democratic Party (MDP) protest was taking place in the capital – though it declined to speculate on any possible motive for the attack.

Police Sub-Inspector Ahmed Shiyam told Minivan News that the foreigner, whose exact nationality could not be confirmed, had now been released from ADK Hospital in Male’ after receiving treatment for a minor head injury resulting from being stabbed by an assailant.

A suspect who tried to flee the scene was taken into custody, though the police spokesperson said that no motive for the attack has been established at present.

“We do not at present know of the motive for the attack, there were a lot of people at the gathering,” Shiyam added.

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Counter-protests take place near MDP camp

A small counter-protest against the ongoing demonstrations taking place around Heinveiru Park in Male’ took place yesterday night in the same area.

The group behind the gathering claims to have filed several official complaints about the noise created by demonstrations and have called for the dissolution of Male’ City Council. The counter-protest numbered between 70-100 people, who claim that the continued activity in the area disturbs local residents.

Haveeru has reported an MDP supporter sympathising with this sentiment: “Where’s our human rights, the protest needs to be stopped now, things have gone too far.”

The anti-protest group promised to return on Saturday night in greater numbers.

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Comment: Maldives’ solution lies on the negotiation table

As I have written previously, the events that unfolded on February 7, 2012, were surely among the darkest and most regrettable in Maldivian history.

Whether we like it or not, the government is now in the hands of elements that belonged to the three decade-long authoritarian rule of Maumoon Abdul Gayoom. President Waheed may be the face of this government, but however you look into it, you’ll see that he has neither the say nor the control of a president as outlined under the Maldivian constitution.

Instead, the likes of Yaameen (half brother of former President Gayoom), Gasim Ibrahim and Dr Hassan Saeed have assumed control of what was meant to be a government working to implement the Maldivian Democratic Party’s (MDP) manifesto, a document which the majority of the people had voted for in the presidential elections of 2008.

Regardless of the names on the ballot papers that helped secure the election for the MDP, the Maldivian people voted for the policy plans of the winning candidate, not for the face of the candidate or his running mate. This is a general political fact that revolves around any presidential election.

However, today what we see from President Waheed and his team is that they are determined to defy this fact. Every podium, every platform that Waheed’s government step onto, they keep on proclaiming that people had voted in the current president exactly the same way as they had for Nasheed, his deposed predecessor. All this, because Waheed’s name was on the ballot paper as Nasheed’s running mate.
In theory, this assumption by Waheed’s team may be partly correct. However, in practice, it is proven wrong by the results of the parliamentary and council elections that followed the MDP coming to power in 2008.

Waheed’s Gaumee Iththihaadh Party, which barely has two thousand or so members, had fielded candidates personally endorsed by him. Take for example, Ahmed Thaufeeq (Topy) – the current political advisor of Dr Waheed – who failed to secure a winning margin in both parliamentary and local council elections. These figures did not get elected to the parliament and only won a single seat in an island council out of more than a thousand seats contested across the country.

If Waheed had some semblance of political recognition, his party would have at least have an MP or two to sincerely count on in order to defend himself in parliament.  Instead he finds himself kneeling down to those that were practically the “enemies” of the ordinary people.
Regardless of the potential turmoil inside the top office of this country, hopes for an early election lie in compromise and negotiation on all sides.

Parliament has to convene, and a constitutional amendment seems to be the only viable path out of the two options available  for securing an early presidential election.

The second option is that Waheed resign on an agreed date and that Parliamentary Speaker Abdullah Shahid then take over the office as the de-facto President. This option has little or no chance of success given the fact that Waheed is steadfast in retaining his position.

Waheed’s concupiscence and appetite to remain in power has seemingly blinded him from seeing the large masses of people opposing him and his regime.  A regime opponents perceive to be filled with those heavily involved in bringing down the country’s first democratically elected president.

They have been continuously trying to spin the democracy protests in the false direction by labelling protesters as being among the ‘black sheep’ of society.

This is thanks in part to their very own TV stations and the use of public broadcasting services to promote their cause. Thus, the impact of civil disobedience and mass peaceful demonstrations would have a hard time reaching the rationale of Waheed or his government.
That leaves out the option of Waheed’s voluntary resignation for the sake of the people. Personally, I firmly believe that amending the constitution, the supreme set of rules which governs the state of the Maldives, is morally wrong just to find a quick political fix when there is no legal issues surrounding it. The way I see it, the purpose of having a powerful entrenchment mechanism over a constitution is to ensure that it cannot be changed or manipulated when a certain sect of the people wishes to do so.

But with Waheed’s hesitance to resign, early elections can only happen via a constitutional amendment.

The Maldivian Democratic Party (MDP), being at the forefront of calls to hold an early election, should go to the negotiation table with President Waheed in order to engage in a diplomatic dialogue that may pave way for a possible amendment of the constitution and early elections.

No matter how unethical it may seem, politically speaking, “cutting a deal with the devil” seems to be the only way forward in the current situation for the MDP – no matter how much they may detest the option.

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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