“Reliable sources” say MDP’s Shifag to defect to PPM

The Maldivian Democratic Party (MDP) MP Shifag Mufeed is set to join the Progressive Party of Maldives (PPM), local media has claimed, citing “reliable sources” within the government aligned-party.

MDP Spokesman Hamid Abdul Ghafoor had confirmed that the party would be taking disciplinary measures against Shifag after he broke a three-line whip on April 25, voting to endorse the government’s nominations for the vice-presidency as well as fourteen cabinet appointees.

Shifag was the sole representative from the MDP at the majlis session last month after the party boycotted the ratification process. The forty-five MPs present voted unanimously to endorse all appointees.

Shifag’s defection to the PPM would bring the party’s total number of supporters in the People’s Majlis up to 18, according to Haveeru.

The party, headed by former President Maumoon Abdul Gayoom, was formed in October 2011 after the DRP divided in two.  The PPM won its first seat in the Majlis last month after Ahmed Shareef won the Thimarafushi by-election, assuming the minority parliamentary leadership.

Under parliament law, the PPM was required to have at least one MP voted in under the party’s own ticket before its MPs – who were all elected under different groups such as the Dhivehi Rayyithunge Party (DRP) – could officially represent it in the Majlis chamber.

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Report identifies 155 juvenile crime cases so far in 2012

A new report released by the Juvenile Justice Unit (JJU) has detailed 155 cases of crime committed this year by young offenders.  Most of the cases are linked to suspects between 16 and 18 years of age, whilst a growing number of crimes were also found to involve young women.

Local media has reported that of the 155 cases of juvenile crime committed this year, 20 were related to assault, while 20 were filed over theft and robbery. A total of 18 cases related to drug abuse were also filed.

The JJU, which is run under the auspices of the Home Ministry, also reported that a number of crimes in the report were found to include “sexual misconduct”and vandalism.

Last year, the JJU concluded that the “vast majority” of crimes linked to young offenders between April 1 and June 30, 2011, related to people who did not attend school.

According to Haveeru, the JJU’s latest report found 68 percent of young offenders included in the report were found not to have attended school. A large proportion of the crimes committed in the report were linked to suspects aged between 16 and 18.

Local media added that there was a growing number of cases involving young females related to possession of alcohol and “disruption of harmony” relating to illegal gatherings.

The JJU concluded that a lack of proper nurturing, the negative influence of media and adults pushing young people into a life of crime were some of the key drivers for the number of offences in the report.

When adressing the work of a correctional training centre based in Kaafu Atoll, the report added that six children had undertaken rehabilitation programmes at the site so far this year.  However, Haveeru reported that there were concerns children being reintroduced back into society after committing offences were not getting the “necessary” encouragement and support.

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President Waheed will not stand for re-election: PPM VP Umar Naseer

Vice President of former President Maumoon Abdul Gayoom’s Progressive Party of Maldives (PPM), Umar Naseer, has said the government faces “no international pressure” to hold early elections and will remain in power until 2013.

Naseer also emphasised that he does not expect President Mohamed Waheed Hassan to stand  for election during presidential polls scheduled for next year.

PPM deputy Naseer told Minivan News today that beyond a few “powerful” members in the Commonwealth, the present coalition government, in which his party is represented, faced no international pressure to hold fresh polls this year.

The comments were made after former President Maumoon Abdul Gayoom also claimed this week that international calls for early elections to be held in the Maldives have grown “faint” and were “not an issue” to foreign dignitaries he had met recently.

The government of President Mohamed Waheed Hassan has nonetheless faced criticisms from international bodies like the Commonwealth and the EU in recent months over its commitment to independently investigating how it came to power in February.

On April 16, the Commonwealth Ministerial Action Group (CMAG) warned it would consider taking “stronger measures” against the Maldivian government should it fail to revise the composition and work of an independent inquiry panel.  The panel, known as the Commission of National Inquiry (CNI) was formed by the president to ascertain the exact details behind February’s transfer of power.  The Commonwealth has also recommended that early elections be called this year to overcome political uncertainty across the nation.

In a previous interview with Australian television, Naseer explained the perspective of the opposition demonstrators on February 7.

“We had a small command centre where we do all the protests. I command from the centre and give instructions to my people,” Naseer explained.

“On the protesters’ side, we were informing and educating the police and army through our speeches and television programs.”

Asked by SBS journalist Mark Davis if the opposition had made any other inducements, such as promises that they and their families would be “looked after” if they switched sides, Naseer said “there were.”

“We called on army and police and said that if a person was fired from his position because of their refusal to follow an unlawful order, the opposition would take care of them,” Naseer said.

President Waheed’s government has meanwhile insisted that presidential elections are not possible until July 2013 under the present constitution.  The Maldivian Democratic Party (MDP) has refuted this claim, saying that fresh elections could be held within two months should the president resign from his position and hand over power temporarily to the parliamentary speaker. The now opposition MDP also stressed that it believes that the earlier elections can be held, the “better it would be” for the party.

Electoral defeat

Umar Naseer, who had previously served as deputy leader of the Dhivehi Rayyithunge Party (DRP) before being dismissed, claimed that beyond the constitutional factors preventing elections this year, the MDP now also realised that they faced electoral defeat.

Recent by-election victories for the party, which have seen the PPM claim two island council seats and a seat in the People’s Majis, showed clear public support for the wider coalition government, Naseer said.

“If [general] elections were held right now, the MDP would be defeated badly,” he said. “The MDP understands this.”

Ahead of any presidential elections, Naseer claimed PPM was now focused on bolstering its presence in the Majlis after last month assuming the minority parliamentary leadership role.

The PPM now has the second highest number of MPs in parliament behind the MDP, which has retained majority leadership in the Majlis chamber.

Naseer claimed the party would continue pursuing a coalition that would allow it to replace the MDP as majority leader in the majlis.

“Our main focus now will be the elections in 2013,” he said.

Naseer added that with uncertainty over whether President Waheed would stand for election to head the national executive beyond 2013, the PPM would be working to strengthen the position of its own possible presidential candidate.

“My feeling right now is that [President Waheed] will not stand during the presidential elections,” he claimed.

Naseer’s comments echoed claims by former President Maumoon Abdul Gayoom during a Progressive Party of Maldives (PPM) gathering near Male’s artificial beach area on Thursday evening (May 3).  Gayoom, who served as the country’s autocratic ruler for 30 years before being voted out in the country’s first democratic elections held in 2008, said that he had been meeting various ambassadors accredited to the Maldives of late.

None of these ambassadors, he claimed, had talked about early presidential polls.

The former president added that the two parliamentary by-elections held last month – both won by government-aligned parties – were an indication that the same outcome could be expected nationally if presidential polls were held at present.

There were however mixed fortunes for the government during two island council by-elections held the same day last month, with the now opposition Maldivian Democratic Party (MDP) taking one of the available seats.

National inquiry

Gayoom also reportedly used his address to discuss the CNI that has been criticised by the Commonwealth’s human rights body, CMAG, for not being “independent” or “credible” in regards to its work.

During his speech, the former president claimed that despite some foreign criticism, it was up to the Maldives to resolve its own internal issues

“That does not mean we should not consider the advice of foreign partners as they would give us right opinions and views. However, we have to take such opinions and advise into consideration and use what is right for this country,” Gayoom was quoted as saying by local newspaper Haveeru.

The PPM won three out of six by elections held since February’s transfer of power.  Alongside these election results, Gayoom claimed that parliamentary approval of the appointment of a new cabinet and vice president –albeit after the MDP refused to participate – proved the legitimacy of the current government.

The former president also used his address to to discuss the future for the PPM, which is set to hold its national congress between September 13 and September 15 this year. Gayoom said that during the event, any member of the party would be allowed to contest for whatever positon they wanted

“This party would not function according to the whim of a single individual, me included,” Haveeru quoted the former president as saying.

“Entrenchment”

Responding to the PPM’s statements, MDP spokesperson Hamid Abdul Ghafoor claimed that Gayoom was trying to mislead the public over the international pressure the government was currently under.  Ghafoor said he believed pressure was increasing for early elections and an independent review of February’s transfer of power.

“We have got structural assurances from the 54-member state Commonwealth in the form of time frames for both early elections and the CNI review,” he said.  “These time-frames have also been backed by India and the US.”

Ghafoor claimed that the MDP was itself hoping for presidential elections to be held as quickly as possible, alleging that government-aligned parties were looking to stall polls for as long as possible in order to damage “independent institutions” like the Elections Commission.

“We believe that the sooner elections can be held in the country the better. While the government believe the later the better,” he claimed.  “What they want is to entrench themselves in power before elections can be held.”

Ghafoor alleged that similar attempts to entrench a government into independent institutions  had be seen this in many countries that have undergone apparent coups such as Honduras and Fiji.

Ghafoor said he believed that the time-frame set by CMAG for elections to be called during 2012, represented an awareness among the international community that the current government was trying to “entrench” itself into national institutions.

“Last week, we met here in Male’ with five Members of European Parliament (MEPs). They confirmed that they still stood behind CMAG and its calls,” he claimed.

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Raajje TV accuses state of “physical and psychological intimidation”

Deputy CEO of Raajje TV Abdulla Yamin has accused the security forces of “physical and psychological intimidation.”

Speaking at a luncheon hosted by deposed President Mohamed Nasheed to mark International Press Freedom Day, Yamin said the station had operated with freedom and “without any fear” before the change of power on February 7. Nasheed alleges he had resigned from office “under duress” in a coup d’état on February 7.

But since the transfer of power Raajje TV reporters have experienced physical attacks and have been threatened by security forces, Yamin said. Further, he said ministers of the current administration had refused to engage with the station.

“I have no certainty I can safely go home after saying this here,” Yamin said.

However, President of the Maldives Journalists Association ‘Hiriga’ Ahmed Zahir and President of the Maldives Media Council (MMC) Ahmed Nazeef said they did not see any obstacles to media freedom in the country.

The TV station first went on air as “Future TV” in 2008, but started broadcasting as “Raajje TV” in 2011. Ruling coalition supporters say the station is biased towards ousted Maldivian Democratic Party (MDP).

No time for Raajje TV

Raajje TV presenters Qufthaq Ajeer and Mohamed Jinah were assaulted and threatened with sharp weapons in Hulhumalé on April 15. Jinah was stabbed in the back and Ajeer was hit in the eye, Yamin said.

Further, on February 8 security forces had threatened to damage Raajje TV equipment unless reporters ended live coverage of an MDP protest and left the Republican Square area, Yamin said.

“The police told us ‘Stop your coverage now or we will break your cameras,’ and then they forcibly pushed us out of the area,” he said.

Video footage of the MDP’s protest on February 8 show police tear gassing and brutally beating unarmed civilians in front of the Maldives Monetary Authority (MMA) building near the Republican Square.

The police had also “smashed” Raajje TV equipment while dismantling MDP previous protest camp “Insaafuge Maidhan” (Justice Square) at Raalhugandu on March 19. Police dismantled the site claiming “unlawful acts” were being planned in the area.

“We thought that since we were the media, the police wouldn’t harm our equipment. But we saw the police smashing our TV monitors and damaging our equipment. When we went to the police for compensation, they told us to go to the courts,” Yamin said.

New President Mohamed Waheed Hassan’s spokesperson Abbas Adil Riza had told Yamin that the ruling coalition had wanted to “destroy” Raajje TV but stopped on Dr Waheed’s intervention, he claimed.

Further, Waheed’s ministers refused to engage with Raajje TV “impeding our right to information,” Yamin said. “They tell us ‘If it’s Raajje TV, we have no time.’”

Although Yamin contends freedom of press has deteriorated since the change of power, President of the Maldives Journalist Association (MJA) ‘Hiriga’ Ahmed Zahir said he does not believe “there are challenges to freedom of the press today.”

“That’s natural”

Speaking at the same luncheon, Zahir said the executive had always tried to influence the press and that it was “the natural” way of things. He also noted that Maldivian media is politically biased serving different political interests. He told President Nasheed the media had experienced intimidation during his administration as well.

Zahir has long opposed Nasheed’s decision to stop the government from advertising in commercial newspapers, claiming the move had bankrupted many outlets and led to the closure of several newspapers. President Waheed on Thursday pledged to resume advertising.

Meanwhile, MMC President Nazeef said he did not see explicit attempts by the state at violating press freedom. But he expressed concern over Majlis Financial Committee’s decision to abolish the MMC and transfer its functions to the Maldives Broadcasting Commission (MBC).

The committee report states that the decision has been reached owing to the Solicitor General’s belief that the MMC has not been able to perform its duties and responsibilities to a satisfactory level.

The 15 member MMC, established in 2010, is charged with preserving the freedom and integrity of media in the Maldives as well as encouraging ethical and professional standards within the industry.

The decision to annul MMC was an attempt by the Majlis to influence the media by changing media regulation from a “self-regulatory mechanism to a regulatory mechanism,” Nazeef said.

VTV attack

Last month, the offices of private broadcaster Villa Television (VTV) were attacked during confrontations between security forces and alleged anti-government protesters in Male’ on March 19.

VTV was briefly brought off air following the incident – an act claimed by the station’s owner to be tantamount to “terrorism”. Local media bodies also criticised protesters for allegedly threatening journalists and media personnel covering the clashes.

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Comment: Weathering the storm – the Commonwealth and Maldives

The Commonwealth Ministerial Action Group (CMAG) is in the eye of a storm in Maldives. In its last meeting on 16 April it warned that it will consider “stronger measures” if the terms and reference and composition of the Maldivian National Commission of Inquiry is not “amended within four weeks in a manner that is generally acceptable and enhances its credibility”.

“Stronger measures” is probably a hint at suspension from the Commonwealth. Over two weeks have passed since that decision, now in Maldives there is talk about withdrawing the country’s membership from the Commonwealth.

How did all this come about? In the past few months, events in the Maldives have caught headlines and raised eyebrows across the world. These months saw the country’s democratic transition plagued by serious uncertainty. The most sensational part of this turn of events is mystery around the exit of former President Mohamed Nasheed.

The National Commission of Inquiry (NCI) was set up by the government to look into what transpired on the fateful day of 7 February 2012 when Vice President Mohamed Waheed Hussain took over following Mr Nasheed’s resignation – which the latter subsequently claimed was forced at gun point. The immediate backdrop for this is the military’s arrest the Chief Judge of the Criminal Court on 16 January 2012 under Mr Nasheed’s orders – a move that attracted international condemnation and regular protests in Maldives.

Mr Nasheed claimed that the judge who was under investigation by the Judicial Services Commission (JSC) represents a judiciary that is dysfunctional – while protests continued to rage and reports of a possible police mutiny began to emerge as 7 February unfolded.

Storm clouds have gathered over Maldives for long and the recent series of events are a culmination of what has been brewing for a while. Following a drawn out pro-democracy struggle in the Maldives led by Nasheed’s Maldivian Democratic Party (MDP), the 2008 Presidential elections saw Mr Nasheed contested against the incumbent Mr Maumoon Abdul Gayoom and winning – albeit by a margin of about eight percent.

The end of the 30 year regime of former President Gayoom was widely perceived as the beginning of full-fledged democracy in the Maldives. Since then, what began as a smooth ride eventually began to get bumpy. Rising prices, drug and crime issues, economic disparity, corruption allegations and concerns over the transparency of increasing foreign investments all began to cause unrest. Towards the end there were frequent public demonstrations and political standoffs.

While stalemates between the opposition dominated Parliament and the executive has been an issue, divisions also emerged between the executive and the judiciary – most of the appointments in the latter had been made during Gayoom’s tenure and the executive viewed this wing of state as being unreformed and loyal to the former regime.

The international community including the Commonwealth eased out of their heightened scrutiny of Maldives following the 2008 Presidential elections. In the aftermath the country’s nascent democracy has faced severe tribulations. Maldives is precariously located in the tip of South Asia, in the middle of strategic sea lanes making it important economically and politically both for the West and the two Asian giants – China and India. The crisis in the Maldives is an important bellwether of the edgy geopolitical climate in this region which has already found reflection in other countries of the region such as Sri Lanka.

While a lot of the current focus is mired over opposing political views within Maldives, it is important to remember that the vagaries of politics inside and outside the country should not ultimately lead to the Maldivian people viewing the values of human rights and democracy with blighted hope. It is important that these values are upheld and the protections that they afford are ensured.

An important step in doing this is to make sure that truth is both told and is seen to be told, freely sans politicisation. In this context, it is important that the National Commission of Inquiry is credible and is able to investigate and report freely and publicly. This call for credibility and impartiality has also been aptly echoed and elaborated by several Maldivian NGOs coming together in a new civil society coalition called ‘Thinvana Adu’ or ‘Third Voice’. Independent institutions in the Maldives such as the Human Rights Commission of Maldives (HRCM) and the Police Integrity Commission (PIC) should follow this lead and conduct their own parallel investigations and report publicly at the earliest.

Even though the Commonwealth should have made more early and transparent efforts to scrutinise the progress of democracy in the Maldives, it is a good sign that after years of being dormant CMAG has now taken the directions given to it in the 2011 Commonwealth Heads of Government Meeting seriously. It is also important that CMAG has recognised the need for a credible National Commission of Inquiry. If Maldives decides to leave the Commonwealth it will be the only other country after Zimbabwe to do so – a parallel that may be politically damaging for Maldives to equate itself with at this time of crisis.

R Iniyan Ilango is a Coordinator for the Strategic Initiatives Programme of the Commonwealth Human Rights Initiative.

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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Some points former President Nasheed should ponder: Eurasia Review

“There is no doubt that former President Nasheed was forced to quit by the machinations of a few disgruntled- serving and retired security personnel and Islamists with a strong backing of those political leaders opposed to Nasheed and his party,” writes Dr S Chandrasekharan for Eurasia Review.

As someone had said, it was the result of a nexus amongst the money bags, Islamists and those in opposition. And there was Gayoom all over directing from behind. Yet the odds for having early elections appear to be not so bright and he needs to re-examine his own strategy now.

The daily processions growing in numbers in the last days of Nasheed’s regime before February 7th gave an indication that Nasheed could not have withstood the “onslaught.”

However right Nasheed may be in continuing with the protests calling for early elections, he should in my view consider the following points in working out a strategy that would, not necessarily bring him back to power but to “restore democracy” as he himself had pointed out.

  • So far the MDP has been able to organise impressive protests in Male and other places. The April 20 rally of MDP calling for Speaker’s resignation saw a gathering of about 10,000. The May day rally on 1st May turned out to be another big protest rally. There have been minor rallies in the evenings between 5.30 and 7.30. The students who are taking the final examination in Male have protested about the disturbances and the rallies are being conducted in a very low key. Differences within the party have arisen over the efficacy of continued street protests. The question is whether Nasheed could sustain the street protests for long when the Government is in no mood to relent? It is going to be difficult and the MDP may in due course lose sympathy of the people and may also see attrition from the party itself. ( The latter has already happened)
  • Nasheed’s visit to India has not been much of a success. He met the Prime minister on the 23rd along with his trusted colleagues of the party. On the eve of his meeting the external affairs ministry indicated India’s position “that engagement of all stake holders . . . will facilitate a constructive dialogue among all the political parties and help in bringing stability . . .” The PM in his meeting with Nasheed stressed on the road map of Feb 16 given by the Indian foreign secretary which calls for early elections. The road map is now dead and gone and India is neither in a position nor will it even try to resurrect the road map.

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Comment: Commonwealth ultimatum sparks call for pull-out

With the People’s Majlis, or Parliament, confirming the nomination of Vice-President Mohammed Waheed Deen, an element of political continuity and consequent stability has been injected into the Maldivian polity for now.

Yet, the visiting Commonwealth Ministerial Action Group (CMAG)’s ultimatum to the Government of President Mohammed Waheed Hassan Manik to recast the National Inquiry Commission (NIC), probing MDP predecessor Mohammed Nasheed’s charges relating to power-transfer, has thrown up a counter-call from Government leaders for Maldives to pull out of the Commonwealth – thus taking the focus away somewhat from domestic politics.

In Parliament, over the confirmation vote, all but one member belonging to the 32-strong majority MDP group, boycotted the 77-member House. The House also cleared all 14 Cabinet members individually, after the Supreme Court had upheld the procedure followed by the Majlis when President Nasheed sent the list of ministerial team for confirmation after their en masse resignation in 2010. The MDP is considering action against errant member Shifag Mufeed, who violated the party’s three-line whip and also spoke against its known line on the ‘coup charge’ in Parliament.

Confirmation for Vice-President Deen takes the punch out of the MDP argument against the need for a constitutional amendment for facilitating early elections. In India recently, and elsewhere too, President Nasheed and his MDP aides had said that President Waheed’s resignation could lead to Speaker Abdulla Shahid taking over the reins for a mandatory two-month period, when fresh presidential polls had to be held under his care. Vice-President Deen’s confirmation now means that even if President Waheed were to quit, the Vice-President would take over his place, as he himself had done when President Nasheed quit on February 7.

For advancing presidential polls without amending the Constitution, both President Waheed and Vice-President Deen will have to quit simultaneously. President Nasheed was believed to have attempted a constitutional coup of the sort when his Cabinet quit en masse, but Vice-President Waheed, it was said, would not play the ball. However, Government coalition partners like the Dhivehi Rayyathunge Party (DRP) have said that they were not against early polls, but favoured a full five-year term for the new President, and were against the nation spending money and time only to fill in the residual part of the current presidency, ending in November 2013. This would require a constitutional amendment.

Yet, the numbers don’t add up for a constitutional amendment of the kind. With two by-election losses after the February 7 power-transfer and now the walk-out from the party by a single member has reduced MDP’s Majlis’ strength to 31. Yet, it remains the ‘majority group’ against the DRP parliamentary group’s 32 after the latter split formally following the two by-elections. Rules mandate that for parliamentary recognition, a political party should have won at least one seat on its symbol. The Progressive Party of Maldives (PPM), founded by former President Maumoon Gayoom after splitting away from the DRP, his original political-find, opened the account by winning the Thimarafushi seat in the April 14 by-election.

The PPM now has 17 members in the House, and Gayoom’s half-brother Abdulla Yammen has become the ‘minority group’ leader in the House, a position held by DRP’s Thasmeen Ali. The latter has 15 members. Even if the MDP and the DRP were to vote together, it would add up to only 46 votes in Parliament, and would fall woefully short of a two-thirds majority. Indications are that in the absence of a national consensus over a constitutional amendment, the DRP can be seen as siding with the MDP only at the cost of further erosion in its parliamentary strength.

The leadership of Thasmeen Ali, once President Gayoom’s running-mate in 2008 and later anointed by him as DRP president and presidential nominee for 2013, is said to be acutely aware of the possibilities of a further split, particularly of the cadres drifting towards the PPM than in favour of the MDP, where again internal trouble seemed brewing all over again.

Consternation of and with Commonwealth

Two greater issues however have since captured the nation’s imagination and attention. On return to the country after its first visit soon after the power-transfer, the Commonwealth Ministerial Action Group (CMAG) served a four-week ultimatum on the Waheed Government to recast the team probing President Nasheed’s coup-charge linked to the power-transfer, to make it more credible, or face more severe action. This only helped open up a national debate, with some Government party members, as if by cue, telling Parliament that Maldives should reconsider its membership of the Commonwealth.

Outside Parliament, President Waheed and some probe team members took different positions on recasting or expanding the commission’s membership, to meet stringent quality-control. President Waheed said that the team’s terms gave it powers to recast itself. Team members however said that they had a limited mandate, and had a May 31 deadline to meet. However, probe team’s leader has since clarified that it had inherent powers to seek external experts to assist it in the probe. Until the CMAG served the ultimatum, President Waheed and his Government had reiterated their request for Commonwealth to suggest experts for assisting the probe without compromising on the nation’s sovereignty. The CMAG has been silent on the request, since.

President Waheed sought to put a lid on the demand for Maldives quitting the Commonwealth, by declaring that it was not in the Government’s mind. However, former President Gayoom, whom the MDP says was the brain behind the ‘power-transfer conspiracy’ and the real power behind the Waheed Governent, has kept the pot boiling since. He said that the Commonwealth’s character has changed, from being supportive of smaller member-nations to become the power-base of the bigger ones. He has also pointed out that the Commonwealth was essentially a club of once-colonised nations whereas Maldives was not a colony, only a protectorate.

Despite President Waheed’s denial two ruling combine MPs have since presented a Bill to Parliament calling upon the Government to pull out of the Commonwealth. The members belong respectively to former President Gayoom’s PPM and Presidential Advisor Hassan Saeed’s DQP. Maldives’ Permanent Representative to the European Union, Ali Hussein Didi, was reported to have said that the situation in the country did not give the CMAG a clear mandate to place the Maldives on its agenda, as per the 2011 Perth summit. Yet, Maldives “will continue to extend “maximum level of cooperation”, Maldivian media reports quoted him as telling a monthly meeting of the EU on South Asia.

Ambassador Didi also criticised the CMAG for not responding to requests for assistance to the ‘coup inquiry’, and reiterated the Government’s current position that presidential polls would be conducted by July 2013, at the earliest, as per the constitutional provision. This, even as Ibrahim Didi, the MDP president, reportedly contested the former’s claims about his purported interpretation of the events of February 6-7, media reports said, while the party also contested the presentation before the EU that President Nasheed’s resignation owed to a ‘popular uprising’. On other issues, flowing from power-transfer, MDP’s Didi seemed to be at logger-heads with the Nasheed camp, nonetheless.

Roadmap talks, or internationalisation further?

In the normal course, the confirmation of the Vice-President should have introduced a greater element of continuity and consequent political stability. Yet, the Commonwealth ultimatum, which runs out in another two weeks, has re-written and re-focused the script, indicating that at least a section of the international community does not want a status quo mind-set in Male to forget past commitments on a credible probe and early presidential polls. The nation’s polity since seems to have become aware of the drift and the impending consequences, which none of them may be in a position to control, after a point.

Pressured from different sides, the government parties and the MDP have since met across the table, to revive the all-party roadmap talks. Participants said they had authorised convenor Ahmed Mujthaba alone to talk to the media, but also indicated that the talks were productive in seeking to prioritise the agreed agenda, worked out at the instance of visiting Indian Foreign Secretary Ranjan Mathai. They are meeting again on May 5, and progress on the poll-date is also expected in time.

An international civil servant under the UN before returning home to enter pro-democracy politics, President Waheed seems aware of the limitations of domestic protests and protestations, and the compulsions caused by the international community. Committing to inject credibility into the power-transfer probe, the Government reportedly sought international expertise from both the Commonwealth and the UN, expecting possibly the former to respond favourably earlier than the latter. At the time, the government also said that it had asked nations like Malaysia and India to suggest a team of experts for the purpose.

At present, Belgian mediation expert Pierre-Yves Monette is in Maldives, at the instance of the UNDP and on the request of All-Party convenor Mujthaba. Local media reports indicated that he had worked with the Maldivian stake-holders and brought them back to the Roadmap talks. The MDP in particular reportedly had reservations to Monette’s presence at the earlier round of talks, but not anymore. Yet, his engagement is confined to the Roadmap talks, and not the ‘coup probe’. The CMAG’s purported conditions now for sending in a list of experts for the Maldivian government/probe commission to choose from, seem to have thrown up a situation where the request for the UN to help out in the matter, if honoured, could have deeper consequences than Maldives can stomach, some sections in the country seem to feel.

In this regard, recent examples involving neighbouring Sri Lanka and other member-nations are cited as example of excessive and extraneous UN intervention. For India, it means that any reference of the Maldivian case to the UN Security Council could imply that the incumbent government in Male would have more immediate use for China. New Delhi could not complain. Conversely, as the Sri Lankan and Syrian precedents have shown in recent months, by taking the Maldivian case away from the Security Council and to other UN portals such as UNHRC, where veto-power does not apply, the ‘pro-democracy’ West can have a decisive say, but the stake-holders in Maldives, independent of their present predicament, may have none.

The Maldivian stake-holders seem to understand it, too – for, any UN engagement of any kind in recent times has signalled not an early end to what essentially is a domestic problem, often of egos and perceptions, at times in the garb of principles and policies, if at all. For the Government, the internationalisation of the question of early elections (and, not the ‘power-transfer’ issue, where alone UN expertise has been sought) could lead to a global discourse, where extraneous global concerns like religious radicalism and strategic location of Maldives could dictate the mind-set and dominate the proceedings. Issues such as parliamentary confirmation for the Vice-President and the Cabinet, the arguments favouring the power-transfer probe team and elections only when they are scheduled would then be of little consequence.

For the MDP, not only could early elections become worse than a distant possibility but also the party’s nationalist credentials and its democratic sheet-anchor could come under question. If nothing else, sympathy that the party and President Nasheed claims to have retaken following the power-transfer after it was believed to have lost it to the Nasheed Government’s economic policies and political approach to the Opposition of the day may become suspect all over again. Not just MDP, but even the very concept of ‘democracy’ may then be in question in the country, which ushered in the processes and also peaceful power-transfer through multi-party elections as far back as 2008, and long before the ‘Arab Spring’, among others.

The writer is a Senior Fellow at Observer Research Foundation

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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Department of Judicial Administration failed to distribute RF1.3 million in child support

The Director of the Department of Judicial Administration (DJA) has made no effort to distribute child support money worth over Rf1.3 million (US$85,000), according to the Auditor General, while large amounts of money owed after court rulings has not been collected from offenders or distributed to successful plaintiffs.

According to a 2010 audit report on the DJA released on Thursday, auditors found that if the recipients of the child support did not explicitly collect the money from the court, the money remained undistributed and no additional measures were taken by the court deliver the child support to its rightful recipient.

“Until December 2010, a total of Rf1,301,767.67 million remains undistributed with the court. However, the documents indicate that the court has made no efforts to distribute the money,” the report reads.

Following the breakdown of a marriage, husbands are mandated to make payments to their former spouses to cover the costs of childcare.

The report further notes that “as the records on child support money received by the court so far have not been maintained by the court properly”, it was unclear as to how much money the court was also supposed to receive as per the court orders.

The audit report noted that the DJA had not collected a total of Rf 1.6 million (US$104,000) owed by men found guilty of divorcing their wives outside the court.

A total of Rf2.1 million US$136,000) needs to be collected by the Civil Court as of February 2011, while a significant sum of Rf22 million (US$1.42 million) is owed to the Criminal court following court rulings and remained uncollected as of January 2011.

“The Department of Judicial administration has not done adequate work to collect the funds,” Auditor General Ibrahim Niyaz observed in the report.

Niyaz refrained from issuing an opinion on the financial statements provided the DJA, citing that the statements were not prepared in accordance with international public sector accounting standards (IPSAS) following principles of “accrual accounting” or the “financial reporting under cash basis of accounting” issued by the IPSAS board, while several “fundamental records” were unaccounted for in the statements.

He noted that earnings from the magistrate court amounting to almost Rf4.9 million (US$318,000) were not recorded as income in the financial statement, while the funds remained in court safes and bank accounts. Similarly, Rf6.9 million (US$448,000) dispersed in advance to magistrate courts were recorded as an expenditure in the financial statement, while the auditors found that the funds remain “unspent” by the courts.

In an issue highlighted in previous audit reports of state institutions for 2010, the AG noted that between October 2008 and December 2011, Supreme Court judges had paid their phone bills amounting to Rf281,519 from the state budget, despite the fact that parliament had not allocated any phone allowances to the judges.

Therefore he recommended the amount be reimbursed and that the granting of phone allowances be determined as per parliament’s decision.

Meanwhile, Rf117, 832 (US$7640) was found to have been overspent on wages and allowances to the driver of a judge’s car.

DJA’s reponse: “loophole in the system”

The Director of the Department of Judicial Administration Ahmed Maajid said there is a “loophole in the implementation and enforcement” system that is resulting in millions of rufiya not being collected or distributed after legal decisions have been made.

Maajid explained these findings, arguing that there was currently no governmental authority or body to handle this aspect of the court’s work.

“It is upon the mother to get [the child support]. We have not executive or judicial authority to distribute it. There is a loophole in the system. It is not a case of corruption but a weakness in the system itself,” said Maajid.

“Currently the courts have no authority to give money over to the women. What normally happens is that the men get away without paying,” he continued.

Maajid went on to say that the issue concerned both the collection and the distribution of moneys owed. He argued that a new authoritative body was needed with the responsibility to collect these outstanding fees.

Maajid, however, did not see the problem as insurmountable although he felt it required urgent attention.

“This shortcoming in the system must be patched up very soon in order to fix this loophole,” he said.

Additional reporting by Daniel Bosley.

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High Court denies ACC injunction as commission appeals Civil Court ruling on Nexbis

The Anti Corruption Commission (ACC) has appealed a ruling from the Civil Court blocking its order to halt the implementation of a border control system agreement between the Immigration department and Malaysian firm Nexbis.

The commission also called for an injunction on the installation of the system until the High Court case was resolved, however Judge Azmirelda Zahir said such a decision could only be taken after both sides had presented their cases. The ACC requested an injunction on the grounds that it would lose the possibility of appeal should the project be implemented before the conclusion of the High Court case.

The ACC in December forwarded corruption cases against former – and now reappointed – Immigration Controller Ilyas Hussain Ibrahim and Director General of the Finance Ministry, Saamee Ageel, to the Prosecutor General’s Office (PG), alleging that the pair had abused their authority for undue financial gain in giving the US$39 million to Nexbis.

The ACC had earlier ordered a halt to the project following the signing of the contract in October 2010, announcing that it had received “a serious complaint” regarding “technical details” of the bid, and that the agreement presented “instances and opportunities” for corruption.

The 20-year Build, Operate and Transfer (BOT) agreement with the Malaysian-based mobile security solutions provider was to upgrade border security in the Maldives with new technology including facial recognition and fingerprint identification, facilitating the identification and tracking of expatriate workers and eliminating the opportunity to people to enter the country with forged paper documents.

The agreement allows Nexbis to levy a fee of Rf30 (US$2) from arriving and departing passengers in exchange for installing, maintaining and upgrading its immigration system. The company would also charge a Rf231 (US$15) for every work permit card.

Immigration Controller under the later months of President Mohamed Nasheed’s administration, Abdulla Shahid, contended that the agreement meant that Nexbis would draw US$200 million in revenue from the project over the life of the 20 year contract, while five percent royalties to the government would equate to US$10 million.

Speaking to Minivan News following the ACC’s initial injunction, Shahid claimed that the deal would deprive the government of significant revenues, when “border control is not something we are unable to comprehend – it is a normal thing all over the world.”

Shahid estimated that a free system given by a donor country would cost at most several hundred thousand dollars a year, and said he was unsure as to why such an agreement had ever been signed.

However, Nexbis said in a subsequent statement that its agreement meant that neither the government nor the Maldivian public would pay upfront for “state-of-the-art border security protection”, and suggested that “reasonable persons will likely realise that once the hidden costs after are taken into account and adjusted for inflation, the benefits and efficiencies of the Nexbis system will far outweigh the risk, inadequacies and uncertainties of any such alleged cheaper system.”

The Civil Court in January 2012 ruled that the Anti-Corruption Commission (ACC) did not have the legal authority to order Immigration Department to terminate the agreement, with Judge Ali Rasheed ruling that while the ACC Act gave the commission the authority to investigate corruption cases, it was not able to annul contracts.

Judge Rasheed asserted that it was “unfair” to the contractors if ACC could annul an agreement without their input, as this violated their protections under Maldives Contract Law.

During the High Court hearing this week, the ACC charged that the State Attorney during the Civil Court case, Deputy Solicitor General Ahmed Usham, had a conflict of interest as he had been a member of the tender board responsible for awarding the project to Nexbis. Usham disputed the charge.

The case continues.

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