Commonwealth Special Envoy visits following MDP allegations of “coup cover-up”

The Commonwealth Secretary General’s Special Envoy to the Maldives, Sir Don McKinnon, is presently in the Maldives as part of a visit that will conclude tomorrow (January 27).

“A key objective of Sir Donald’s visit will be to discuss efforts to strengthen democratic institutions and processes in Maldives, and how the Commonwealth can further assist in this regard,” said Commonwealth Secretary-General Kamalesh Sharma in a statement.

McKinnon’s visit follows the publication last year of a report by the Commonwealth-backed Commission of National Inquiry (CNI) into the controversial transfer of power on February 7 2012.  The report concluded that there was no mutiny by police or the military, and that former President Mohamed Nasheed’s resignation was not made under duress.

The CoNI was subsequently disbanded by President Waheed and the website containing the report was taken offline. The report is downloadable here.

“The Commonwealth Ministerial Action Group (CMAG) noted the CNI report’s conclusions about the transfer of power. Going beyond that, CMAG highlighted the need to investigate acts of police brutality, and welcomed the government’s commitment to reform and to strengthen the independence and quality of key institutions. These remain core concerns and priorities for the Commonwealth,” Sharma stated.

“The Commonwealth continues to work towards consolidating multi-party democracy in Maldives. The year 2013 will be a critical one for Maldives, given the forthcoming presidential elections,” the Secretary-General said.

“It is essential for democracy in Maldives, and for lasting national reconciliation, that this year’s elections be both credible and inclusive. The Commonwealth expects there to be political space and a level-playing field for all candidates, parties and their leaders.”

McKinnon’s visit follows a recent parliamentary inquiry into the CNI report, during which senior military and police intelligence figures gave evidence to the Executive Oversight Committee (EOC) alleging that the transfer of power on February 7 “had all the hallmarks of a coup d’etat”.  The same sources also claimed that the final CNI report had not reflected their input.

Those figures included Brigadier General Ibrahim Didi, Commander of Male’ area on February 7, Police Head of Intelligence Chief Superintendent Mohamed Hameed, Chief of Defense Force Major General Moosa Jaleel, Head of Military Intelligence Brigadier General Ahmed Nilaam, Chief Superintendent of Police Mohamed Jinah and Commissioner of Police Ahmed Faseeh. All six have since resigned or been suspended from duty.

The Maldivian Democratic Party (MDP) subsequently accused the Commonwealth Secretariat of complicity in a “systematic government cover-up designed to subdue testimonies from key witnesses to the coup d’etat”.

“The CNI, established by [President] Waheed shortly after he came to power, was originally made-up of three people – all well-known sympathisers of former President Gayoom – and chaired by President Gayoom’s former Minister of Defence,” observed the MDP in a statement.

“After an international outcry, the government was forced to agree to reform the CNI. The Commonwealth Secretary-General’s special envoy to the Maldives, Sir Donald McKinnon, was subsequently sent to the Maldives to mediate an agreement, but eventually gave-in to government demands that President Gayoom’s former Defence Minister must remain as Chair, and that the other two members must remain in-place.

“Unsurprisingly, the CNI’s final report claimed that there was absolutely no wrong-doing on the part of the opposition or Gayoom loyalists in the police and military. This was despite widespread evidence to the contrary,” the statement added.

“The testimonies of all the main witnesses summoned to the Committee demonstrate a remarkable degree of consensus about what happened in early 2012, and a common understanding of the legality of the change in government. All witnesses stated, unequivocally, that the change in government bore all the hallmarks of a coup d’etat.

“All named the same individuals as being central to the coup – with foremost among these the current Commissioner of Police and the current Minister of Defense. All made clear that following a meeting between opposition leaders and the-then Vice President, Mohamed Waheed, in the weeks preceded February 7, those planning the coup swore their loyalty to him and thereafter he was fully implicated in the plot.

“All saw widespread evidence of collusion between elements of the police and army loyal to former President Gayoom and the main leaders of the coup. All had seen evidence that the plot to remove President Nasheed included the possibility that he would be assassinated if he did not leave willingly. And all claimed that the evidence and testimony they presented to the CoNI was either ignored or misrepresented,” the party claimed.

MDP Spokesperson MP Hamid Abdul Ghafoor said the respective accounts from the CNI and the UN concerning the transfer of power on February 7 were “not reflective of the experiences of Maldivians who witnessed and lived through the event both out on the streets and through their TV screens.”

“The letters sent to the government [concerning the transfer of power] represented a real shoddy job by these organisations. It is clear they did not do their homework.  It is embarrassing,” Ghafoor said.

President’s Office Spokesperson Ahmed ‘Topy’ Thaufeeq meanwhile told Minivan News this week that the CoNI report was a “transparent” process undertaken by “qualified Maldivian people”.

“Because of this, the CoNI report is accepted by the government. We have a judiciary, if anyone has a problem with this affair they can go to the courts themselves,” he claimed.

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Comment: Maldives’ future more optimistic than Ginsburg scenarios

Professor Tom Ginsburg’s analysis of the prospects for a democratic Maldives (written August 2012) is unjustifiably pessimistic. This letter outlines why an analysis more optimistic in its conclusions is warranted.

Professor Ginsburg considers the consolidation of constitutional democracy the least likely outcome, with either a series of ‘failed governments’ or domination by a hegemonic faction as more likely. This letter does not dispute that the two less appealing scenarios are real possibilities, nor that that bringing about a more democratic politics will require great effort. However, as is undoubtedly obvious to the reader, following any path – irrespective of where it may lead – is not going to be easy at this delicate moment of Maldivian history.

This letter contends that Professor Ginsburg’s analysis is flawed in the following ways: 1) failing to recognise fully the implications of the 2008 elections and the resulting change in governance, 2) the factors that he deems adverse to democracy are either factors that assist a democratic transition or are neutral, and 3) expecting too much progress in too short a time.

First: political scientists agree that a country is not a democratic one until two alternations of power have been achieved by democratic means. The October 2008 elections qualify as the first. 7 February 2012 does not qualify as the second. However, the 2008 election represents a democratic opening. The high rate of voting (83 percent, reported by Minivan News) indicated a politically active and engaged population, as do more recent collective actions — including party activity and street demonstrations. The fact that the Maldivian people managed to achieve that democratic opening, after decades without democratic, or any other meaningful, political participation speaks volumes about their resourcefulness and competence.

A critical mass of the population of Male’ (at least) is as politically engaged now as it was then, and any analyst would only at their peril underestimate the potential of this population to surprise. At the level of government, the qualitative leap in administrative steering and standards of policy research, design and implementation in evidence beginning in 2008 shows that better – although still imperfect — government is certainly possible in the Maldives.

Furthermore, social mobilisation and popular participation in the campaigns of 2008 and thereafter belie Ginsburg’s assessment that civil society is ‘inchoate.’ Civil society in the Maldives may not express itself as frequently in written form as Professor Ginsburg expects, but it is no less significant and politically effective for its orality, and for its active rather than discursive manifestations.

Second: the Maldivian economy does suffer from a variety of vulnerabilities; weaknesses which have increased since the writing of the consultation paper. Following over three decades of accelerated development, and leaps in human development indicators, the Maldives achieved its status as a middle income country in 2004.

Under the Nasheed administration, it posted real GDP growth of 9.9 percent in 2010 and 8.3 percent in 2011 (World Bank). Mr Nasheed, as Professor Ginsburg recognises, introduced tax reforms (including a tourism goods and services tax) that improved medium-term fiscal sustainability, even as Mr Nasheed was also correct in diagnosing the serious problems posed by public debt/spending, and by an unsustainably large and inefficient bureaucracy.

In the regional context of South Asia, the Maldives is by a wide margin the wealthiest country, with a GNI per capita of US$5,721 (World Bank). India, which is a democracy of long-standing, has a GNI per capita of only US$1,410. Even considering foreign workers and the rentier aspects of the Maldivian economy, the Maldives possesses (proportionately) greater ability to attract foreign currency than any other country in the region; this capacity can afford some insulation against the vicissitudes of the global economy. Recent reductions in poverty, and nascent efforts at developing research capacity and higher education show that even in turbulent times the Maldivian state is capable of harnessing the natural and economic assets of the country for collective benefit.

Ginsburg alludes to “slum-like overcrowding in the capital.” The comparison with India again is apt; if Male’ appears to be a slum, it is apparent that he is unfamiliar with the ‘slums’ and ‘overcrowding’ of any city of similar size in that democratic country to the north, India.

Ginsburg cites the involvement of external actors in Maldivian politics, as something ostensibly diminishing the prospects for democracy. While foreign intervention is no doubt (and perhaps understandably) unpopular, it is far from evident how it will prevent democratization. In fact, Ginsburg himself alludes to contrary evidence, acknowledging that external actors contributed both to the former President Maumoon Gayoom’s decision to acquiesce to the democratic opening, and in the drafting of many laudable aspects of the current constitution.

The youth of the Maldives are an asset – not a liability. 99 percent literacy (according to the Commonwealth Secretariat), and the internet connectivity (particularly of youth, as Ginsburg observes), and the involvement of young people in the democratic opening of 2008 demonstrate that they constitute a source of hope, rather than a demographic of despair. Ginsburg does not explain or support the statement that they are “not being adequately integrated into the traditional social and economic structures.” Furthermore, their detachment from traditional social structures could equally well be a reason to anticipate the continuing dynamism and political potency of Maldivian youth.

Third, Professor Ginsburg appears to expect a vigorous, flawless liberal democracy to have been born of a wholly autocratic womb. A sound administrative legal code, the institutionalisation of parliament, an independent, skillful judiciary – these are all extremely unrealistic demands to make of a country that only four years ago staged its first competitive election.

Ginsburg consistently overlooks the necessarily incremental nature of political development following (any) regime change; he underestimates the time needed, and the setbacks that even a country in otherwise ideal circumstances will invariably encounter. He also overstates the immediate importance of the judiciary and legal culture at the expense of social movements and electoral contestation; the lesson in constitutionalism which he prescribes is of rather less moment than preparing for the upcoming election. The judiciary that is in place now and that likely will be in place during the upcoming electoral cycle is arguably no more flawed than that which was in place in the last (free and fair) national election, in 2008.

In conclusion: political scientists distinguish structure and agency. Structure includes things like the economy, institutions, geography and demography. The things that are essentially set, and not easily or quickly altered. Agency on the other hand, is the human element. It is the human will: human ingenuity, determination, and the capacity to surprise.

Professor Ginsburg has taken up only the first of these two: the structure. An analysis based on an understanding of the Maldivian people would not so readily discount the chance of a new, and a more inclusive and participatory, Maldivian politics.

Scott Morrison is a political scientist (Columbia University 2004 PhD)

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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CoNI coup cover-up concerns fuel anti-government demonstrations: MDP

Evidence presented to parliament by former security officials concerning February 2012’s controversial transfer of power has given renewed impetus to anti-government demonstrations in Male’ this week, the opposition Maldivian Democratic Party (MDP) has said.

Minivan News yesterday (January 26) observed several thousand people taking part in an MDP demonstration around Male’, calling for a caretaker government to be installed ahead of fresh elections. The party continues to allege the transfer of power was a “coup”, with Nasheed being forced from office under duress.

The MDP claimed more than 4000 people took part in yesterday’s gathering as part of efforts to communicate its concerns about the legitimacy of the present government to both the local and international community.

MDP MP Hamid Abdul Ghafoor added a petition had also been presented at the People’s Majlis by the protesters, though only the party’s elected representatives were allowed admission to parliament.

“Protesters were not being allowed into the Majlis, so our MPs had to present the petition,” Ghafoor said.

The government-aligned Adhaalath Party alleged the MDP protesters verbally abused its supporters and vandalised promotional materials at a membership drive held at a school.

President Dr Mohamed Waheed has meanwhile called for government personnel and institutions “to be vigilant of a system that would ensure a just, fair and equitable governance in the Maldives.”

During his speech – made during a tour of Miladhummadulu Atoll – President Waheed claimed that good governance could only be achieved through listening to the demands of the public.

Renewed impetus

Ghafoor claimed the party’s protests had been given renewed impetus after senior military and police intelligence figures recently gave evidence to the Majlis’ Executive Oversight Committee (EOC) alleging that the transfer of power on February 7 “had all the hallmarks of a coup d’etat”.

“Several of these figures including chief of staff and military heads have confirmed what we all knew. They have all said [former President Nasheed] resigned under duress,” he added.

Ghafoor alleged this same information had purposefully not been included in the final report of the Commonwealth-backed Commission of National Inquiry (CNI) that last year concluded there was no mutiny by police or the military.

The CNI also ruled that former President Mohamed Nasheed’s resignation was not made under duress, but did highlight a need for reforms in key institutions like the judiciary and security forces.

Protests by the party this week are the first large-scale demonstrations through the city since the Freedom of Assembly Bill was ratified by President Waheed earlier this month, imposing a stringent limitations on street protesting.

Adhaalath Party member drive

The government-aligned, religious conservative Adhaalath Party alleged that people participating in yesterday’s MDP protest yelled obscenities at its members during a membership drive being held at Ghiyasuddeen School in Male’.

The party also claimed MDP protesters ripped up the party’s banners at the school that were temporarily put up as part of the membership drive.

Responding to the allegations, MP Ghafoor claimed that while the MDP did not encourage such behaviour towards government-aligned parties, he said he would not be surprised if some supporters had ripped up banners during the protest.

“These allegations are beyond belief. [The Adhaalath Party] has blatantly been involved in a coup against a democratically elected government. There is no love lost between our parties and we do not believe they are even a religious party,” he claimed. “All we see from them is xenophobia and nothing else.”

Ghafoor contended that protesters tearing down a few posters should be seen as a very minor issue compared to wider issues taking place in the country.

“Ripping up a banner is nothing. People do not respect [the Adhaalath Party].  When our supporters walk past police headquarters and yell out ‘baagee’ (traitor) at them, the Adhaalath Party are no different as far as we are concerned,” he said.

Ghafoor added that after the MDP planned to hold demonstrations every Friday to try and ensure maximum turnout from its supporters in the capital.

http://www.presidencymaldives.gov.mv/Index.aspx?lid=11&dcid=8541
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Support for women’s rights in the Maldives declining, finds HRCM study

Support for women’s equality has experienced a “significant drop” despite overall progress in improving the human rights situation nationally, a Human Rights Commission of the Maldives (HRCM) second baseline survey has concluded.

“The ‘Rights’ Side of Life” [report] studied knowledge, behaviours and attitudes regarding human rights in the Maldives and reinforced many of the findings from the 2005 survey,” according to the UNDP-backed report released by the HRCM in December 10, 2012.

However, fewer respondents than in the first study believed that women should have equal rights to men in all seven of the areas surveyed (inheritance, divorces, work, politics, family matters, courts, custody), the report found.

“Despite the freedoms that the constitution has provided for women, attitudes towards women’s empowerment show a negative trend,” stated Andrew Cox, the recently-departed UN Resident Coordinator and UNDP representative in the Maldives.

“Alarmingly, the study also suggests that there has been a regression in people’s sensitivity towards domestic violence and gender based violence,” he added.

Male attitudes have become “more conservative” regarding women’s rights issues, whereas female views have become more supportive of rights in some areas, the report stated.

“Women have undergone a significant shift in attitude,” according to the HRCM survey.

In a reversal from the 2005 study, more women than men now consider it inappropriate for men to hit their wives.

However, significant numbers of respondents stated where there was a “substantive justification” – as opposed to something trivial – “violence against wives was justified,” the report determined.

Both genders in the Maldives were also found to believe that in the husband/wife relationship, women should play a “subordinate role”.

“It is widely considered among stakeholders and experts in the field that violence against women is based on such inequality,” the report stated.

Survey respondents mentioned sexual abuse and violence against women most often in regard to improving women’s equality and saw a need to focus on this controversial issue.

“There was some comment that the growing assertion of Islamic values might be resulting in changes of attitude in some areas covered by ‘The Rights Side of Life,’ [survey], such as those on attitudes to family and ideas about acceptable behaviour in the home, justifications for men hitting their wives,” quoted the report.

Furthermore, over a fifth of the women surveyed said they had been sexually harassed, with offensive or obscene sexual comments and behaviour, as well as men grabbing their hands in public being the most likely occurrences.

Regarding sexual harassment in the workplace, “more intimate forms of harassment” have decreased overall compared to the 2005 survey, but there is a “relatively high level” of sexually suggestive/obscene language. Both of these sexual harassment issues happen more often to rural women than urban women, the study found.

In response to sexual harassment at work, a woman’s most common response was to do nothing.

“The main reasons for this lack of action was their fear of not being believed; fear of people knowing/ bringing bad name to the family; and embarrassment and shame,” said the report.

In a related issue, sexual abuse of girls is considered a “serious problem” by 99 percent of women.

Additionally, sexual abuse of boys is viewed as a “serious problem” by both more women and men than in the previous HRCM study.

Political involvement

Women’s support for the right to participate in politics and government has risen, while men’s support has declined from nearly 73 percent to less than 58 percent.

Ultimately, a majority of women consider the country’s democratic reforms unsuccessful.

Their primary reasons for dissatisfaction according to the report were:

  • Ineffective politicians/government/executive
  • Influence/interference with the parliament or judiciary
  • Corruption
  • Mistrust among political parties/ineffective parliament
  • Lack of public understanding of democracy

More men than women respondents regarded the democratic reforms as successful. Less male respondents claimed to have voted compared to women in the 2011 local council elections and overall turnout was lower than the 2009 parliamentary elections. This was consistent with Electoral Commission findings, according to the HRCM report.

The primary grievances with the recent elections included, “mismanagement or incomplete voter registration; lack of voter education; aggressive campaigns along party lines; insufficient duration for voting; and last minute court election rulings,” the report stated.

“Human rights not in conflict with religion”

A “large majority” of people surveyed thought a copy of the Maldivian constitution should be given to every household by the government.

Furthermore, half of respondents believe that human rights do not conflict with religion.

Among the 10 most important human rights nominated by respondents included freedom of opinion, conscience and religion, which were not listed in either the 2012 or 2005 reports.

Of those who did think there was a conflict between religion and human rights, the most frequently mentioned concerns were “women’s right to equality, freedom of expression, child rights and Islamic punishments such as cutting off hands for theft, in that order,” the report determined.

Rural respondents and women were more likely to think there was a conflict between human rights and religion. However, there were many non-responses to the question and “vast majority” were unable to respond because they did not know whether such a conflict actually exists, the report stated.

The survey questions regarding religion were considered controversial, with several new questions added to the study regarding: family planning/contraception issues; the importance of women’s right to seek “safe and legal abortions” as well as the incidence of abortion; the right of foreigners to practice their religion; and the right to voluntarily decide if and when to marry and have children.

Reproductive rights were more strongly supported by men and women alike, including “abortion to be [made] legal to save the life of the mother or the baby, but not in other circumstances”.

Approximately 25 percent of women and 16 percent of men surveyed said they knew someone who had an illegal abortion, the report noted.

While many respondents did not think human rights were in conflict with religion or were unsure, there was little support for migrant workers having to right to practice their religion within the Maldives.

“Overall, less than 10 percent considered migrants should be able to practice their religion in public or private, about a quarter in private and nearly 60 percent not at all,” the study found.

Women were strongly of the view that migrant workers should not have the right to practise their own religion in the Maldives.

Freedom of expression and access to services lacking

Satisfaction levels regarding access to services – particularly regarding the realisation of economic and social rights – were said to be a prominent concern and have undergone an overall reversal since the first HRCM human rights study was released.

“For example, the main areas not working well in the police/security system were listed (in order) as: corruption; can’t get police when we need them; political influence; lack of fairness/ bias; and torture,” the latest report concluded.

Respondents ranked the most important human rights as access to education and healthcare, adequate standard of living, and freedom of expression.

However, the most mentioned human right was freedom of expression, while women’s equal rights rose from 8th to the 4th most mentioned issue.

The most frequently raised topic – particularly in rural communities – was the escalating crime rate.

“Criminals have more rights than ordinary people,” the study quoted a respondent saying.

Crime victims were found to be primarily young, male, and likely from the respondent’s community, the report claimed.

Children, elderly, and disabled vulnerable

Other vulnerable groups within Maldivian society include children, the elderly, and the disabled.

The vast majority of respondents reported that the level of protection of children’s rights was satisfactory – over 50 percent were dissatisfied.

The main areas in need of improvement regarding children’s rights included violence against children, having better access to education, drugs, gender stereotyping/ discrimination, and crime and or gangs, the study found.

“For older people, neglect; inadequate attention to health status of older people; abuse (physical or mental); lack of legislation and/or policies to protect older people; and inadequate housing for older people were concerns mentioned most often,” highlighted the report.

Lack of access to services were the primary issues discussed by the disabled, such as special needs schools for children and facilities within existing schools for them, education opportunities generally, inadequate healthcare including mental health services, employment and related services, stereotyping and discrimination.

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