Day: May 22, 2012

Former Indian Chief Justice advised CNI on transparency

The Indian Express has revealed the name of an expert sent to advise the Commission of National Inquiry (CNI). India’s Ministry of External Affairs told the newspaper that former Punjab and Haryana High Court Chief Justice Mukul Mudgal had been sent to the Maldives to assist with the commission’s conclusions.

The Chief Justice, who returned to India last week, told the paper: “I have given my advice on the transfer of power… They wanted my help in how to go about holding a transparent inquiry into the entire affair, as well as meaning of certain legal terms.”

Indian High Commissioner to the Maldives Dnyaneshwar Mulay told Minivan News that the commission had made an official request for India’s assistance, adding that India would continue to be “happy to offer whatever little help we can.”

The CNI is in the process of being reformed following pressure from the international community, from civil society, and from political opponents to enhance its credentials of independence and impartiality.

After being reprimanded by the Commonwealth on these grounds, the government alleged that it had requested assistance with the CNI but had received no response. The Commonwealth responded by saying that it had received the request but felt the composition of the commission to be a more pressing issue.

Following meetings with the Commonwealth last week, the government agreed to add an international component, in the form of a Singaporean judge, as well as a nominee from former President Mohamed Nasheed. The appointment of the latter, however, is subject to certain criteria which has already seen a succession of nominees rejected by the government.

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PPM strikes back against DRP’s criticism of government

Vice President of the Progressive Party of Maldives (PPM) Umar Naseer has alleged to local media that Dhivehi Rayyithunge Party (DRP)’s recent criticism of the government was due to their intention to leave the ruling coalition.

Speaking to newspaper Haveeru, Naseer accused DRP leader Ahmed Thasmeen Ali of trying to “get things done in his favor” through the present government.

“The DRP is seeking to get a sovereign guarantee to pay off Thasmeen’s debts. As soon as they know it can’t happen, they will break away from the coalition”, Naseer claimed.

DRP Deputy Leader Ibrahim ‘Mavota’ Shareef denied Naseer’s allegations and said Thasmeen had no debts under his name.

He further accused Naseer of continuously attempting to defame Thasmeen.

“Umar accused Thasmeen and Abdulla Shahid of being involved in the [awarding of the airport] to GMR . If that is so, why aren’t they investigating the matter now that they are in the government? There is never any truth to what [Umar Naseer] says,” Shareef said.

Naseer claimed that PPM deserved more positions in the current government than the DRP, as PPM had played the “most important role” in the transfer of power in February.

“Ninety-nine percent of the anti-government protesters were from PPM. 99 percent of the injured were from PPM. Our members sacrificed the most to change the government. And DRP does not deserve to get an equal number of government positions as PPM,” Naseer said.

Naseer’s comments follow Monday’s press conference by the DRP criticising certain government officials and describing them as incompetent.

During the press conference, Shareef claimed the Foreign Ministry had inaccurately portrayed the real situation in the Maldives, and had falsely claimed that the Commonwealth Ministerial Action Group (CMAG) had sided with the Maldivian Democratic Party (MDP).

Misconceptions in the international community surrounding the transfer of power represented a failure on behalf of the Ministry, Haveeru reported Shareef as saying.

In response, Naseer accused the DRP of trying to win a parliamentary majority by forming a coalition with the MDP.

However, speaking to Minivan News, DRP MP Dr Abdulla Mausoom said that despite some concerns the party had regarding the current government’s policies, it had no intention of leaving the coalition until the next presidential elections.

Asked about any possible consequences clashes between the DRP and PPM – the two largest parties in the ruling coalition – would have on the functioning of the unity government and political stability in the country, Dr Mausoom said the cross-party strife had “nothing to do with the functioning of the government”.

Furthermore, “imagining” that the DRP would leave the coalition and join the MDP was “irresponsible journalism”, he said, adding that the DRP would continue to support President Waheed’s administration until the next election.

The PPM was formed last year following an acrimonious split with the DRP, after the party’s disciplinary committee evicted Naseer from the party. Naseer claimed he had been thrown out of the party for protesting against the MDP, while the DRP leadership contended that he had been holding protests without the party’s consent.

In December 2010, following Naseer’s departure from the party, a DRP event ended in a factional brawl.

A meeting came to blows after Naseer, the party’s Deputy Leader prior to his dismissal by the party’s disciplinary committee, and his supporters gatecrashed the venue.

The meeting was held in celebration of a Supreme Court ruling, which saw seven cabinet ministers departing their posts after their reappointments were disapproved by the opposition-majority parliament.

In February 2011, police evacuated Shareef from DRP headquarters after the spokesperson was attacked by a crowd of Naseer’s supporters.

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STELCO says new generators may be ready in two weeks

The Maldives’ State Electricity Company (STELCO) has announced that work on its two new generators will be completed in two weeks, Sun Online has reported.

It is anticipated that the installation of these two generators, said to be worth €28 (US$36million), will end the regular power cuts experienced in the capital Male’. The frequency of these cuts has led the company to provide an update service on its website, informing its customers when and where their districts will be without power.

STELCO media coordinator Ibrahim Raoof told Sun that these cuts had come as the current grid is capable of providing 36MW whilst the city requires 39MW. The two new generators will provide an additional 8MW each.

Work on the two generators began in 2009 and had been scheduled to take 18 months. The German and Danish companies responsible for the installation had given May 20 as the date for completion.

Raoof told Sun that if technical problems continue, this new deadline may also be pushed back.

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Male’ City Mayor summoned to court to apologise for “harassing” letter

Male’ City Council (MCC) Mayor ‘Maizan’ Ali  Manik was summoned to the Criminal Court today to explain to the registrar what the court felt was an “impolite” letter sent to it by the council.

The letter in question had been sent to the Criminal Court by the MCC following the police’s request for a court order for the clearance of the Usfasgandu area.

The police had received instruction from the Home Ministry to clear the area after the MCC had refused to hand the land over to the government.

Manik explained that the reasons for his summons had been “nothing serious”, and that the registrar felt “the letter was too hard and contained no politeness.”

City Councillor Mohamed Abdul Kareem said the court had described the letter as “harassing”. Kareem told Minivan News that the court was not able to promise that it would not give the court order although it agreed that the case was a civil matter, rather than criminal.

He said that the court had confirmed that it would look into the court order, although he claimed that the court was in agreement with him that the case fell under the civil court’s jurisdiction.

The offending letter argued that the Usfasgandu issue did not relate to the criminal court and ought to be dealt with by the civil court. It also said that the issue could not be ordered without the MCC being notified and allowed to represent itself.

Manik said that he had apologised for the tone of the letter, explaining that the matter was particularly urgent: “That’s why the letter was so harsh”.

The MCC has vowed to resist the repeated attempts by the government to reclaim areas of the council given over to it as part of the decentralisation process pursued by the previous administration.

The MCC’s belief that these issues should be dealt with by the Civil Court saw it submit two civil cases today relating to its disputes with the government.

The first challenges the reclamation of the Usfasgandu area by the Housing Ministry, while the second addresses the larger issue of conflicting legislation that it feels has prompted the battles over jurisdiction.

Local paper Haveeru spoke with City Councillor Ibrahim Shujau regarding the submission of these cases.

“The [second] case is regarding the conflict between the Land Administration Regulation, followed by the Housing Ministry, and the Decentralisation Act, Constitution and the Land Act. Thus we have appealed at the court to abolish the regulation,” Shujau told Haveeru.

Last week, the MCC sent letters to the Maldives Police Service (MPS), the Maldives National Defence Force (MNDF), and the Housing Ministry, informing them of its decision not to comply with cabinet’s decision to reallocate the plot to the Ministry of Housing.

However, Manik argued that the MCC would not resist if a court order was obtained.

“They have to get a court order. If they have a court order, we will comply,“ he said.

The Usfasgandu area is currently leased to the Maldivian Democratic Party (MDP) and is being used as the base of operations for their political activities. Most recently, these activities have consisted of weekly marches around the capital, attended by many thousands, protesting against the current government and calling for early elections.

The MDP’s previous base of operations at Lonuziyaaraiy Kolhu was dismantled by security forces on March 19. The government on this occasion acted without a court order, prompting legal challenge from the MDP.
The subsequent court case was first dismissed on a technicality and, after being re-submitted has once again been delayed for similar reasons.

When asked whether it was normal procedure to request a court order after a request from the Home Ministry, Sub-Inspector Hassan Haneef said that it depended on the case in question.

“We are trying to follow legal procedures. We want to make sure to follow law and order, to maintain peace. We understand that this is sensitive issue,” he said.

Home Minister Mohamed Jameel Ahmed was not responding at time press.

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Comment: Inquiring into the Inquiry

The Commission of National Inquiry (CNI), established under a Presidential decree by Dr Waheed, has been at the centre of much controversy since its inception. The establishment of an inquiry commission after a national crisis can often be seen as a quick win mechanism to demonstrate that the state is addressing people’s demands for answers and justice in lieu of a well functioning judicial system, or it can be a farce.

Waheed, as per usual, went down the farce route. Not so quick nor keen to address issues of legitimacy surrounding his accession to power, but in an effort to subdue national and international pressure (and mainly because of the fact that it wasn’t an early election he was giving into, but a well-staged inquiry) he went ahead with it.

However, if Waheed’s primary motive was to try and placate those ‘questioning’ his position and to stop the MDP from calling for an early election, he has failed. This is due to the individuals he chose to appoint, the terms of reference he assigned, and his coup coalition’s bullheadedness in defending the impartiality of this obviously partial commission. Most of all he failed to note that even those who don’t have the courage to call a coup a coup, – but don’t have anything to lose if it is so concluded – still want to get to the bottom of what happened on 7th February 2012.

Easier said than done, I suppose, when your authority depends solely on the conclusion of the events that took place on a day preceded by a police/military mutiny. While the political bigwigs of the country wheel and deal over the CNI, we must remember that the probable findings of this commission could have huge ramifications for many individuals in involved in this political crisis. The question arises- are we ever going to know what happened on 7/2?

Firstly, for a commission to inquire about a sequence of events as contentious as the ‘questionable transfer of power’, its existence, members and mandate are going to invite controversy. So why shoot it in the foot before it had even got started by appointing Ismail Shafeeu? MDP, CMAG, the wider international community and even ‘Thinvana Adu’ requested Waheed’s administration to ensure that the commission was impartial, and credible. Impartiality, I take to mean as having firstly no political affiliation or as having equal representation by all parties concerned, and secondly, credibility.

The CNI met neither one of these requirements for the almost three months that it was in operation. Time is no doubt crucial to an inquiry of this nature and while it is of an essence to the MDP, it is in the best interests of the Waheed regime for the inquiry to be delayed for as long as possible.

104 days of coup later, you have to wonder, what made Waheed change his mind over the CNI? If they don’t believe the CMAG has any right to a) put Maldives on the agenda or b) any grounds to make these recommendations, why bow down to them? Were some harsh facts made clear to him on his official visit to India? Either way, the gates of the CNI, no matter how reluctantly, have opened, albeit an inch or two. This has resulted in the appointment of a foreign judge as co chair, Nasheed being ‘permitted’ to propose a member to the Commission, and changes to the mandate of the CNI being strengthened, allowing it to summon individuals, accept statements, videos, photos, and most importantly request telecommunication and financial records. These agreements and the resumption of the all-party talks have been hailed as a thaw in national coup politics, and to be fair it is progress, but how much of it is sincere? I know. It’s a naive question, but humour me.

With regards to Nasheed’s representative to the CNI, the public is aware that he has proposed nine names, all of which have been rejected by Waheed’s regime for being too politicised. Nasheed has now been given two weeks to propose an individual to the CNI, who has not served in a political position in the past two years, must not have taken a public stand on the transfer of power, and must be of good behaviour and integrity.

The Commonwealth states that these conditions must apply to all members of the CNI, including ones previously appointed. I wonder what the parameters are for determining good behaviour and integrity, and who in Waheed’s regime decides whether these characteristics are up to par in any individual that Nasheed proposes. Are Waheed and Coup really not going to budge on the case of Ismail Shafeeu – whose stint as Maumoon’s former Defence Minister surely places his ‘integrity’ in question? Forgive me, I forgot this approval of Commission members scenario is a one way street. Coup coalition gets to say the yay and the nay, but MDP do it and they are seen as the uncompromising troublemakers.

Also of confusion is the fact that Waheed earlier stated that he had no role in changes to the composition of the CNI. His Commission members then contradicted this by turning the responsibility back to him. Then we have the fact that Waheed stated that the Prosecutor General is responsible for the Commission, yet all the negotiations and public statements have been given by Attorney General Azima Shukoor, and Home Minister Mohamed Jameel. Speaking of which, who is this all-elusive lawyer to be appointed to the CNI, if Nasheed’s nomination doesn’t meet with the coup coalition’s high approval?

There are also pressing concerns over the amendments to the CNI’s mandate and terms of reference. Although it has not yet been made clear whether the concluding report will still be the opinions of the CNI’s members, or whether the findings can lead to criminal cases, the ability of the Commission to now request phone records and financial statements give it more bite. I wonder how the CNI is ensuring the securing of this information. Are legal requirements going to be placed upon service providers, Dhiraagu and Wataniya, for their cooperation with the CNI? Are all banks operating in the country – notorious for their non-cooperation with the police over previous investigations into alleged corruption – now going to hand over their clients’ financial records without a fuss? And what about the intelligence departments of the Police and the MNDF? How does the CNI confirm that information relevant to the dates of interest to the Commission, obtained by these services has not been destroyed? Or what about officers under oath, who’ve signed confidentiality contracts? Does a summons from the CNI, waive them of the restrictions as applied by these documents? I also cannot get my head around how many of those who will be called upon to give evidence will be doing so without any suspension to their current duties as either law enforcement officers, government officials or civil servants.

Questions, questions, questions, my head is milling with them, and I wait with bated breath to find out Nasheed’s nomination. This individual who is going to have to be the incarnation of all things apolitical and integral in the world. Does such a Maldivian even exist? Someone very special to me who claims that Male’ is the cesspool of humanity would say, probably not. On the other hand, is there a point to all the analysis on the mandate and the members of the CNI? Surely, the findings have already been concluded. Hasn’t the unique Dr Hassan Saeed already alluded to them? There are three possible conclusions – coup/illegal transfer or power, legal transfer of power, or the middle.

I cannot imagine the CNI will conclude it is a coup, considering the fact that there are three members appointed by the coup boss himself on the Commission. Also think about the responsibilities of the international community if it is declared a coup. They’re not going to want the fuss of the Maldives, when they still have Syria, the Eurozone and the Olympics on their plate. Let alone the mess of where Indian High Commissioner Mulay comes into it. It also cannot be concluded as an entirely legal transfer of power, due to the blurry lines around mutinying politicised officers, resignations under duress, opposition politicians celebrating in the Police HQ, hijacking of state media and so on. The politically-easiest conclusion must therefore be the middle.

What will be of further interest is what happens next? What will the conclusions lead to? Criminal cases, blanket amnesties, an exit clause for Waheed, constitutional amendments and of course election dates? No doubt there will be an awful lot of political wrangling over the next few days with regards to the Commission. Political actors on both sides have specific interests. Waheed & Coup will want to seem democratic and budge on certain measures, whereas MDP will want to demonstrate that they are compromising and coming to the table, in order to drive home the importance of early elections. I hope that in the midst of this, civil society groups which claim to be the alternative, ‘third voice’ persist in emphasising that although political stability is important, a CNI that allows for the greatest level of truth and justice is far more essential to the future of the Maldives.

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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New parole board begins releasing inmates

The parole board formed by President Waheed has released four inmates from Maafushi prison.

State Minister for the Home Ministry Mohamed Fayaz said the four inmates underwent a rehabilitation programme for a year prior to their release on parole, according to Haveeru.

The new parole board was formed in April after the shutdown of the “Second Chance” programme started by the former government.

Rehabilitation programmes are being conducted for a large number of inmates serving long prison sentences, the Home Ministry said.

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All party talks agree on order of agenda

The India-sponsored all party talks will continue later this month at a weekend retreat on Bandos Island Resort and Spa, after delegates on Monday agreed to the order of a six point agenda that will conclude with a date being set for early elections.

Convenor of the all-party talks, Ahmed Mujuthaba, told Minivan News he was “quite hopeful” that the talks could be concluded during the next session, which he expected to last at least two days.

Mujuthaba said that the talks, which were timed to avoid clashing as much as possible with individual delegates’ work time, could be extended for a third day if required.

“We have have to schedule these talks for the following week as various parties were not available this weekend. We did not expect an agreement on this today,” he said.

The talks reconvened yesterday amidst claims of optimism from both government and opposition representatives over the importance of the discussions in resolving political upheavals resulting from February’s controversial transfer of power. The last round of talks ended prematurely on May 6.

Despite delegates having previously agreed on an agenda for the discussions, the talks have ended in stalemate on numerous occasions since first proposed. Recent rounds of discussions stalled over concerns about issues such as the Maldivian Democratic Party (MDP)’s parliamentary boycotts and the legality of a recent vote to remove its president and vice president.

The latest round of talks proceeded with consensus of all parties involved, said Mujuthaba.

Mujuthaba said parties had agreed to attend a weekend-long set of talks to try and resolve differences, and had agreed to the agenda for the six areas of discussion. All rounds of the talks have so far been held in two hour blocks.

According to Mujuthaba the order will proceed as follows:

  1. Public order and stability
  2. State budget concerns
  3. Independence of national institutions
  4. Identity and revise any laws
  5. Constitutional amendments
  6. Setting a date for early elections

Both the Commonwealth and European Union support fresh elections being held during 2012. President Mohamed Waheed Hassan has said that under the constitution, the earliest date that presidential polls can be held would be July 2013.

“I hope that we may see a conclusion to the talks,” Mujuthaba said.

Breakthrough claims

One of the two MDP representatives for the talks, Hamid Abdul Ghafoor, said he believed the most recent session was a “breakthrough” for all participants involved.

“One of the items we wished to see on the agenda was early elections, however other parties like the Progressive Party of Maldives (PPM) have proposed discussions first on other issues such as political instability, the economy and constitutional amendments,” he claimed. “Our position has always been that they can have any order they want for the agreed agenda.”

Fellow MDP representative Dr Mariyam Zulfa had previously expressed concern that a failure to set a date for elections earlier  into the talks would see significant delays to any decision being made.

Zulfa contended that the MDP  had a “natural interest” in moving the setting of a date for early elections towards the top of the talks’ agenda.

However, Ghafoor said that he remained optimistic over the direction of the talks.

Conceding that “huge problems” lay ahead, Ghafoor said his party was encouraged that any agreement had been reached.

He said that MDP’s protests were likely to be challenged during the talks in the first point on the agenda, political stability. Ghafoor claimed that delegates held varying perceptions on the protests, which the party maintains have been carried out according to its democratic right.

“It is a matter of interpretation over freedom of expressions,” he said. “However, the government do not see it like this.”

Ghafoor also raised concerns about a Housing Ministry request for police to dismantle an MDP protest site at ‘Usfasgandu’ that he claimed raised wider issues over the powers of decentralised government introduced by the former government.

Progressive Party of the Maldives (PPM) representative Ilham Ahmed, and Dhivehi Rayyithunge Party (DRP) representative Ibrahim Shareef were not responding at time of press.

Government commitments

Speaking to Minivan News prior to the latest round of talks, President’s Office Spokesperson Abbas Adil Riza claimed the government was committed to the talks, insisting that all parties needed to agree on the direction of any resolution to the present political stalemate.

Abbas added that the MDP would be required to guarantee “peace” and “security” if talks were to continue successfully.

“The government is insistent that all parties should agree on certain things for the talks to continue,” he said. “These things include ensuring stability and calm.”

Abbas criticised protests conducted across the capital of Male’ over the weekend that reportedly saw some demonstrators interrupting a mosque service on Majeedhee Magu.  He said that the demonstrations, which led to clashes between demonstrators and the people inside, were a particular concern.

“Some of these protesters are now attacking mosques. This level of fundamentalism that we have seen over the last two nights is not acceptable,” he claimed.

Clashes between the protesters and some of those inside the mosque led to the arrest of five people, according to police. The unrest is said by an eyewitness to have begun when MDP supporters attempted to disrupt a sermon which Male’ City Council had said was unauthorised.

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Laugfs Holdings discusses Maldives resort ambitions

Sri Lanka-based Laugfs Holdings is reportedly looking to boost its presence in the hospitality industry by establishing a resort property in the Maldives.

Company Chairman W K H Wegapitiyahas told the TTG Asia travel news publication today that potential Maldivian locations were now being considered to establish a resort under the company’s Ananthaya brand.

The group is also said to be in talks to set up another resort property in Thailand, according to the report.

Laugfs Holdings, which was founded fifteen years ago to provide energy services, has in recent years moved to extend its operations into leisure and retail.

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Five MPs will join DRP when parliament resumes, claims DRP Deputy Leader

Dhivehi Rayyithunge Party (DRP) Deputy Leader and Spokesperson Ahmed ‘Mavota’ Shareef has claimed that “four or five” members of parliament will join the DRP when parliament resumes.

Speaking at a DRP press conference, Shareef said next month there will be a ceremony to celebrate the joining of the new MPs, however he declined to provide further information.

Shareef also told the press that “about 1000” people had expressed interest in joining DRP in the future.

He further claimed that five “hardcore Maldivian Democratic Party (MDP) activists” had joined the party.

DRP Parliamentary Group Leader and MP Dr Abdulla Mausoom today told Minivan News that he did not wish to disclose any information on the matter.

‘’Due to the current political environment in the country, MPs and supporters will keep shifting parties for the next three or four months,’’ Dr Mausoom said. ‘’It will go like that until the major political parties elect their presidential candidates.’’

Dr Mausoom predicted that after the major political parties elect their candidates, the shifting of MPs and supporters would settle.

Former MDP MP Abdulla Abdulraheem recently shifted to the DRP.

“I, on March 27, 2012, have decided to rejoin DRP as the principles of MDP contradict the principles I believe in,” he claimed. “I’m quitting MDP and resigning for the DRP as I know the party will always welcome me,” Haveeru quoted him saying during the signing ceremony at the DRP office.

Earlier this month MDP MP for Fuvamulah central constituency Shifaq Mufeed joined former President Maumon Abdul Gayoom’s Progressive Party of Maldives (PPM).

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