Domestic fears of “inadequate” child protection linger as Maldives co-sponsors 22 UN rights resolutions

The Maldives has backed global resolutions outlining commitments on child protection, the environment, freedom of assembly and wider civil rights during the recently concluded 24th session of the United Nations Human Rights Council (UNHRC).

However, one local NGO focused on the rights of children has questioned the Maldives domestic commitments to pursue legal reforms in areas such as the use of flogging and the treatment of victims of sexual abuse, expressing fears child protection commitments undertaken by successive governments still remain “inadequate”.

The same group has called for the state and parliament to press ahead with ratifying an optional UN optional protocol signed by Maldivian authorities last year said to pave the way for reforms of the treatment of sexual abuse victims in the country.  The optional protocol would allow for international intervention if all domestic legal avenues are exhausted, said the NGO.

The country’s treatment of victims of sexual offences has come under intense global scrutiny this year, with the High Court in August overturning a flogging sentence handed to a 15 year-old girl charged with ‘fornication’.

Campaigning for the case to be dropped received two million signatures globally as the minor – found guilty of having consensual sex – was later revealed to have been charged on the basis of information obtained during investigations that she had been sexually abused.

UNHRC concerns

Upon concluding the latest UNHRC session, the Foreign Ministry said the country has co-sponsored 22 resolutions and supported other focuses on civil and human rights, as well as “freedom of peaceful assembly” during the session, where it has served as Vice President representing the Asian Region of the Council for 2013.

“The Maldives actively engaged on resolutions, on issues related to gender equality and children’s rights, environment and water rights, technical assistance to member countries, and social, political, economic and civil rights, human rights situations in countries,” the ministry’s statement read.

According to the Foreign Ministry, the country also spoke on issues affecting Palestine, criticising what it called the systematic and gross violations by Israel towards the country’s citizens.

“Radical changes”

While the country was selected as a Vice President of the UNHRC for this year, the international rights body last year recommended authorities in the country enact “radical changes” to Maldivian law to ensure compliance with the International Covenant on Civil and Political Rights (ICCPR).

The requested changes – made after former Home Minister Dr Mohamed Jameel Ahmed and State Minister for Foreign Affairs Dunya Maumoon defended the country’s record at the UNHRC in July 2012 – relate to matters of  freedom of religion and belief, and reforming the country’s judiciary.

Earlier this year, the present government committed itself to review local laws and enact potential reforms of the use of flogging, although no time-line for enacting such amendments has been confirmed beyond the commitment to hold talks.

Local NGO Advocating the Rights of Children (ARC) told Minivan News that it had been invited among a number of other organisations to submit input at the time to a specially-formed presidential committee to review legal amendments.

“However, ARC does not sit on the committee which comprises of government ministries,” stated the NGO. “Therefore, the role of the NGOs is quite limited in this process and we are also not kept in the loop on the developments.”

ARC added that with authorities yet to share their report, the status of which remains unknown, it was not possible to comment on possible outcome of proposed reform efforts.

Minivan News was awaiting a response from the government committee’s secretariat at time of press concerning the present status of the government’s reforms.

Child protection

Earlier this year, ARC expressed concern that child protection measures currently in place in the country were “inadequate”, requiring provisions outlined in the Optional Protocol on the Convention on the Rights of the Child (CRC) to be adopted into law. The Maldives ratified the CRC in 1991.

Once ratified, the CRC optional protocol is said to allow an individual, group or representative of a child victim of abuse to submit complaints to the UN Committee on the Rights of the Child for legal assistance is domestic assistance is not forthcoming.

“The Optional Protocol should always be used as a last resort, and while the Maldives has signed it in early 2012, we believe it is extremely important to ratify this optional protocol at an early date, because one of its key goals is to encourage governments to create good options and solutions for children at the national level,” ARC told Minivan News this week.

“Most governments would prefer to not have a local issue go to an international committee for review, so we think it will undoubtedly encourage governments to create and improve existing services and support for children.”

The NGO claimed that after signing the convention on February 28, 2012, the Maldives was still yet to ratify it, with the government saying that a decision would be taken within the cabinet after a new president is signed in on November 11, 2013.

Gender Minister Dr Aamal Ali told Minivan News this week that she was “not able to [give] sufficient insight” into the status of the government’s reform efforts, adding that the optional protocol was set to be discussed in cabinet at a later date.

Correction:  An earlier version of this article incorrectly stated that the Maldives had ratified the Convention on the Rights of the Child (CRC) last year. The CRC has been ratified by the country in 1991. The error has now been corrected.

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President Waheed calls on educators to instill “good conduct” in Maldives youth

President Dr Mohamed Waheed has today said it is imperative teachers and school management are teaching students “good conduct” like respecting their elders, while expressing the importance of education to national development.

Speaking to mark the occasion of Teachers’ Day, the president said instilling good values in children was hugely important to a country that is “undergoing transformation” like the Maldives, with schools playing a key role in strengthening the social fabric of the nation.

According to the President’s Office website, Dr Waheed also highlighted a need nationally for skilled and informed teachers, as well as providing them with professional development activities.

Relevant institutions were therefore asked to help assist with producing quality, skilled teachers, with the most important consideration being that young people are taught “good discipline based on Islam”.

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Human Rights Commission condemns government’s “intimidation” of NGOs

The Human Rights Commission of Maldives (HRCM) has condemned the government’s use of  “threats and intimidation” against civil society groups.

HRCM officials have also met with the Maldives Police Service to discuss allegations of the misuse of strip searches following recent demonstrations.

Writing to the Home Ministry, the commission reported that it had “condemned the infringement of the right to freedom of association as [an] expression of these two organisations”.

The letter also called upon the ministry to refrain from “unlawful sanctions” and activities that prevent such groups from working for the protection of human rights.

The HRCM pointed to Article 2(c) of the Human Rights Commission Act, which obligates it to support and protect these NGOs in the their work.

State Minister for Home Affairs and the Registrar of NGOs Abdulla Mohamed last week declared that the Tourism Employees Association of the Maldives (TEAM) and Transparency Maldives (TM) were under investigation for “unlawful acts” and warned NGOs that organisations acting outside of law would be dissolved.

The Maldivian Democracy Network has also condemned the minister’s remarks.

Transparency has publicly called for the Supreme Court to respect the constitutionally mandated election schedule, after it noted no significant issues during its extensive observation mission covering the first round of presidential polls.

The group has also questioned the integrity of the Supreme Court bench prior to its decision to delay the second round of voting.

The integrity of the court has become a running theme during the ensuing demonstrations, with particular attention drawn to Justice Ali Hameed’s alleged appearance in a string of sex-tapes.

TEAM – an industry body representing some 5000 resort workers – has threatened prlonged strikes, saying that the Supreme Court order “destroys the principles of democracy we have embraced and voids articles of the constitution.”

Transparency Maldives – an affiliate of Transparency International – states its mission as improving “transparency and accountability in all sectors” as well as increasing awareness of “corruption and its detrimental effects on society and development”.

The HRCM has also met with the police after being made aware of allegations that strip searches were being used in an unnecessary and discriminatory manner following the arrest of protesters.

Allegations of arbitrary and frequent use of pepper spray, beating, strip-searching, frisking, handcuffing and drug testing of Maldivian Democratic Party (MDP) supporters were heard during the Parliamentary Privileges Subcommittee this week.

During the HRCM’s meeting with police, it stressed its belief that strip searches were a “degrading and inhuman treatement” that was to be avoided whenever possible.

The HRCM urged the police to obtain the detainee’s consent and the authorisation of a senior officer before conducting such a search, as well as ensuring that those carrying out the search are adequately trained.

In a statement issued on Wednesday (October 2), police said they were authorised to frisk and conduct strip-searches under Articles 32-36 of the the Police Powers Act.

The articles state that police are authorised to use such procedures if they have reasonable grounds to believe the detainee may hold an object to harm themselves or another, or an object for intoxication, or an object to commit an illegal object.

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Two more MNDF officers suspended indefinitely, Brigadier General removed from command

The Maldives National Defense Force (MNDF) has suspended two more officers, and removed Brigadier General Abdulla Shamaal from his position as the Commandant of Training and Doctrine (CTD).

The move comes just three days after the MNDF introduced an amendment to its own regulations to include a chapter that imposes punishments and penalties against officers who incite ‘upheaval and chaos’ within the military ranks.

Hours after the new amendments were brought into force, First Lieutenant Abdulla Shareef was handed an ‘indefinite suspension’ from the service on the grounds that he was found guilty of attempting to cause upheaval and chaos within the military rank.

During the early hours of Friday, the MNDF in a statement on its website made the announcement that two more officers – Sergeant First Class Ali Waheed and Lance Corporal Sharhaab Rashid – had been given an indefinite suspension.

According to the statement, both the officers had been suspended under the section 4(a) of the MNDF Employment Regulation – the same provision which the MNDF justified the suspension of First Lieutenant Abdulla Shareef.

The statement claimed that Sergeant First Class Ali Waheed had been suspended for inciting “upheaval and discord” among the ranks of the military while Lance Corporal Sharhaab Rashid had been suspended for “disseminating confidential information to the public without authorisation”.

Meanwhile, the suspensions also coincided with the removal of Brigadier General Abdulla Shamaal from his position as Commandant of Training and Doctrine (CTD).

Brigadier General Shamaal, who was promoted from Colonel to Brigadier General in 2010 during former President Mohamed Nasheed’s administration, has undergone extensive military training and education, acquiring expertise in the field of defense and security studies.

He is currently a member of United Nations Senior Experts on Security Sector Reform (SSR) Roster – the first ever Maldivian to acquire membership on the roster.

Apart from the Commandant of Training and Doctrine of MNDF, Brigadier General Shamaal is also a Commandant of the MNDF Marine Corp.

MNDF Media Official Colonel Abdul Raheem confirmed to local media that two officers Sergeant First Class Ali Waheed and Lance Corporal Sharhaab Rashid had been suspended indefinitely.

He also confirmed that Brigadier General Abdulla Shamaal had been removed from his position, but said he did not exactly know the reason for the removal. However, Colonel Raheem said that MNDF has not yet taken any decision to remove Brigadier General Shamaal from his position as Commandant of the MNDF Marine Corp.

The ‘anti upheaval and chaos’ amendment that has now become the 22nd chapter of the Military Regulation dictates that upheavals and chaos that are incited through speech, writing, action or gesture among members of the military will be subjected to administrative punishments and penalties.

The new definition of incitement of ‘upheaval and chaos’ laid down in the new amendment includes:

  • Making demands through petitions drawn among two or more officers
  • Displaying content that could sow discord and disorder amongst military flanks through speech, writing, graphical depictions, photographs or any other means
  • Speech or conduct that amounts to doubts and questions being raised about the legality of an order given to the officers or a group of officers and
  • Incitement of hatred and false allegations towards the upper ranks of the military.

The suspensions and actions taken against senior MNDF officers are believed to have begun following a letter of concern sent to the Chief of Defense Force Major General Ahmed Shiyam by senior officers of the MNDF.

In the letter, the officers raised concerns over threats to national security and internal security following the recent Supreme Court order to indefinitely suspend the run-off election of the Presidential Election – which could possibly lead the country to a state of constitutional limbo.

A leaked copy of the letter obtained by Minivan News suggested that Brigadier General Abdulla Shamaal was the first person to sign the letter.

MNDF Media Official Colonel Raheem – a signatory of the letter himself – confirmed the authenticity of the letter, telling Minivan News last week that it had been intended to inform the MNDF leadership of their “concerns about political turbulence in the country right now and how the military should plan and prepare for it”.

In a similar notion, Former Male Area Commander of MNDF Retired Brigadier General Ibrahim Mohamed Didi – who is publicly regarded as a hero for his exploits during the 1988 Tamil coup attempt – in a letter published on social media advised military officers to uphold the law and constitution regardless of who attempted to undermine it.

“My advice to the military officers is: ‘Do not give the opportunity to anyone who plans to rule this country by taking the laws to their own hands and override the constitution and undermine the constitutional framework of this country’,” wrote the ex-Brigadier General.

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“Potential for trouble”: UN Security Council briefed on Maldives

The UN Security Council has been briefed on the situation in the Maldives, following the suspension of the run-off elections, ongoing protests and the submission of a “letter of concern” signed by senior military officers to their leadership.

UN Assistant Secretary-General for Political Affairs Oscar Fernandez-Taranco briefed the Security Council on Wednesday.

Citing a diplomatic source present at the briefing, AFP reported the senior UN official as warning the 15-nation council that recent democratic gains were “under threat” and that there was “potential for trouble”.

“We continue to follow the situation in the Maldives with concern in light of the mounting tension following the postponement of the second round of its presidential election,” said the UN Secretary General’s spokesperson Martin Nesirky, at a press briefing on Friday.

The UN Security Council Briefing came a day after Acting Foreign Minister Dr Mariyam Shakeela addressed the UN General Assembly, and blamed “external forces” for “concerted efforts to prevent the emergence of an indigenous democratic system of governance in the Maldives [by] attempting to shape the outcome of, what is, an internal issue”.

“Democracy consolidation is not just about holding elections. Nor is it about having a democratically sound Constitution. In the Maldives too, we quickly found that changing the Constitution, or having a multi-party election, did not instill democratic values within our society,” Dr Shakeela told the UN.

Instability

The Supreme Court indefinitely postponed the second round of the run-off elections, initially scheduled for September 28, after third-placed candidate Gasim Ibrahim alleged electoral irregularities and declared “God Willing, Gasim will be President on November 11″.

The injunction was issued despite unanimous positive assessments of the polling by local and international election observers. The EC meanwhile contested the credibility of the evidence submitted to the court, observing that even if factual it was insufficient to impact the results of the first round. The subsequent delay of the second round was met with global concern.

Gasim was nonetheless joined in the case by second-placed Abdulla Yameen, and Attorney General Azima Shukoor, his former lawyer.

A second Supreme Court ruling issued at midnight prior to the vote ordered police and military to enforce the suspension, leading to police surrounding the Elections Commission (EC) and issuing an ultimatum. The EC relented, stating that it would be unable to hold the election without police and state cooperation, and noting that its staff had received threats of death and arson.

Now, two weeks after the suspension of the election, the hearing for the Supreme Court’s verdict has yet to be scheduled.

Protests resulting from the suspension of the election have led to other countries including the UK, China, Canada and Australia to upgrade their travel advisories to the luxury tourism destination, while port workers, customs officials, air traffic controllers and ground handling staff have staged strikes.

Senior officers of the Maldives National Defence Force (MNDF) last week sent a “letter of concern” to Chief of Defence Force Major General Ahmed Shiyam, “over the Supreme Court’s order to delay elections, the failure of state institutions, and the possible politicisation of the military, and asking that unconstitutional orders not be issued,” according to one signatory.

The letter prompted a rapid reshuffling of the organisation, dismissals, suspensions, resignations, warnings to media and amendments to its regulations to to impose punishments on officers found guilty of inciting ‘upheaval and chaos’.

Former Brigadier General Ibrahim Didi, Male’ Area Commander at the time of the controversial 7 February 2012 transfer of power, meanwhile wrote a letter urging officers to “not give the opportunity to anyone who plans to rule this country by taking the laws to their own hands and override the constitution and undermine the constitutional framework of this country.”

“After November 11, 2013, regardless of who gives the orders and regardless of the situation, I sincerely urge the military to not let anyone take over the country in contrast with the provisions in the constitution, as this would have dire consequences,” he wrote.

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Gayoom urges authorities to expedite justice in ‘politically motivated’ Afrasheem murder

Former President Maumoon Abdul Gayoom has this week said there could be no doubt that the murder of Progressive Party of Maldives (PPM) MP Dr Afrasheem Ali was a politically motivated attack, while calling for justice to be expedited against his alleged attackers.

No individual has yet been convicted of the killing of Afrasheem, who was found dead on the staircase of his home in Male’ on October 1, 2012.

A total of seven individuals are potentially facing charges in connection to the MP’s murder, with the trial of key suspect Hussein Humam currently ongoing at the Criminal Court.

Humam had initially denied charges against him in court.

He later confessed to the crime at a hearing held in May, according to a statement read out by prosecutors in the court. State prosecutors read out the statement, which was said to have been given by Humam at one of the initial hearings. The suspect retracted his confession a month later, claiming that he had been coerced by police at the time.

Humam’s father has also written to the Criminal Court and the Human Rights Commission of the Maldives accusing police of conducting psychological abuse against the suspect, and exerting coercion to make him confess to a crime he did not commit.

One year later

Speaking Wednesday (October 2) at a rally to mark a year since Dr Afrasheem’s death, Gayoom was quoted in local newspaper Haveeru as saying that society remained in a state of fear as a result of the MP’s “politically motivated” killing.

“This was a clear message to our nation. It means that anyone who dares to speak up will suffer the same fate,” said the country’s one-time autocratic ruler, who was in power for 30 years until the Maldives’ first multi-party democratic elections in 2008.

Police have meanwhile confirmed this week that cases had been filed with the Prosecutor General’s Office (PGO) against Azleef Rauf, Shaahin Mohamed, Adam Salaah and Abdulla ‘Jaa’ Javid – son-in-law of opposition Maldivian Democratic Party (MDP) Chair ‘Reeko’ Moosa Manik in connection to the murder.

Despite not a single trial related to the murder having yet been concluded, PPM MP Ahmed Nihan confirmed that former President Gayoom had claimed there was a political motive to Afrasheem’s attack.

However, Nihan said Gayoom had not identified any one party or culprit in particular for the crime.

“[Gayoom] said the murder of Afrasheem was connected to politics and that such attacks should be eliminated and solved or they will begin to be copied by the public,” he said.

Nihan said that like Gayoom, he believed that since police had begun their investigations into the attack, they had uncovered enough evidence to suggest the murder had been carried out for political reasons.

He claimed that the PPM had purposefully avoided “finger pointing” of any particular party, but criticised politicians within the opposition MDP for making statements in an attempt to undermine the credibility of the police investigation into the case.

Nihan said that the country’s MPs had a responsibility to minimise doubt among the public concerning the conduct of the Maldives Police Service (MPS) in investigating the murder, adding it was important society have faith in law enforcement officials to solve the case.

Police investigation

The Maldives Police Services (MPS) announced in October 2012 that the FBI were extending assistance in the investigation of the MPs murder.

By December, Commissioner of Police Abdulla Riyaz stated during a press conference that the murder of Afrasheem had been carried out with a political motive, and that the culprits were to be paid MVR 4 million (US$ 260,000).

Riyaz had at the time dismissed claims that the murder was linked to religious fundamentalists, stating “no evidence has been gathered which suggests this murder had a religious motive.”

Soon after the murder police arrested two MDP activists – Mariyam Naifa and Ali Hashim ‘Smith’ – in connection with the attack. Both suspects were later released without charge.

The MDP later accused the government of attempting to frame the party with “politically-motivated arrests” of its members. In November 2012, former President Mohamed Nasheed accused the government of negligence in its efforts to bring the perpetrators to justice.

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Comment: Speaking of sovereignty – US interest in the Maldives

This article first appeared on Dhivehi Sitee. Republished with permission.

It is misguided to focus the current Maldivian sovereignty debate on possible military intervention by a foreign power. The Maldives is a long way away from the kind of humanitarian disaster that today qualifies for foreign military intervention and such talk serves no other purpose than provide politically inflammatory rhetoric to be used in the current political crisis. If we are to discuss threats to sovereignty, it would be more fruitful to talk about the role that non-military foreign relations play in shaping Maldivian domestic affairs.

For the better part of the twentieth century, Maldives held little interest for global, and even regional, powers. This status-quo of Maldives as inconsequential in international affairs changed shortly after the beginning of this century, not from its own doing, but due to two major changes in global politics: the dramatic change of world order in which several developing states—among them India and China—have risen to challenge the United States’ post-Cold War only-superpower status; and the United States-led global War on Terror.

Both matters made the Maldives, for the first time in its history, a country of interest to the United States, signalling an end to the days in which it could remain sheltered from the threat of becoming a pawn in global power games.

The rise of China: United States, India and the Maldives

China will overtake the United States as the world’s largest economy in 2016, according to a recent report by the Organisation for Economic Cooperation and Development (OECD). India, too, is no longer just the strongest regional power, but is rapidly becoming a global force to be reckoned with.

US relations with India has been dictated by its own interests almost from the time of India’s independence. Throughout the Cold War, when India doggedly stuck to its non-aligned stance, US foreign policy vacillated wildly between favouring India and favouring Pakistan as best suited its fight with Soviet Russia. Once George W Bush’s declared the War on Terror and invaded Afghanistan, Pakistan once again became a premier ally, while India was made to take a backseat until US relations with Pakistan soured once again, and George W Bush signed a nuclear treaty with India in 2005. Today, as India’s foreign policy has gone from one of determined non-alignment to the formation of a strategic alliance with the US, America has begun to view India as ‘a swing state’ in Asia’s balance of power.

Control of the Indian Ocean, which connects West Asia, Africa and East Asia with Europe and the Americas is important to not just India and the US but also for China as it  rises to global preeminence. Maldives is strategically located 450 miles off the south-western tip of India, making it of significant strategic interest to all those fighting to maintain a dominant presence in the region.

Recent analyses predict that China will become the world’s largest importer of oil by 2017, and 80 percent of this oil is transported through the Indian Ocean (Kumar 2012). Given the long-existing US dominance in the Indian Ocean, China—not surprisingly—is keen to ensure that its vital energy routes remain open and have strengthened its military presence in the region. This is where China’s interest in the Maldives lies.

Countering China is thus one of the main reasons for United States increased interest in the Maldives and its expressed desire for a military presence in the country, even if it is not the boots on the ground as outlined in the draft SOFA as discussed here. The United States may have denied the draft SOFA and a possible military base, but it did not deny that negotiations for some sort of an arrangement — whether a lily pad or whatever other name it is called — is underway.

The geo-strategic alliance between the US and India helps both countries counter China’s expanding ambitions. The US has long been the dominant player in the Indian Ocean and will fight to maintain this at whatever cost. It will be US’ strongest card to play in stalling the unbridled rise of China if and when it needs to do so. Thus the increased maritime activity in the Indian Ocean region in general and, more specifically, the so-called Asia Pivotin US foreign policy.

With US as a strategic ally, China is less likely to confront India over the many disputes that exist between the two countries such as those over the borders of Kashmir and Arunachal Pradesh and the continuing Chinese financial and military assistance to arch enemy Pakistan.The importance of India’s new alliance with the US is apparent from the fact that since 2005 India, which from 1995-2005 opposed the US in the UN in 80 percent of all its votes, has voted with them on sanctions against Iran, opposition to a Small Arms and Light Weapons Treaty and on the Kyoto Protocol (Chenoy & Chenoy :2007).

It should come as no surprise then that India and the US supported each other in the rapid recognition of Waheed’s presidency of the Maldives as legitimate.

The War on Terror: United States and the Maldives

When the US launched its global War on Terror, it force-created another bi-polar world: those with the United States and those against it. The Maldives, led by President Gayoom, was firmly ‘with the US,’ despite the War’s decidedly anti-Islamic overtones. This status of the Maldives—as an Islamic state willing to co-operate with the US in the War on Terror is how the Maldives first appeared in the American consciousness. Unfortunately for the Maldives, this is still her primary (and often only) identity as far as the United States is concerned. Unlike India, and even Britain, the US has no experience or knowledge of Maldivian culture and its long relationship with Islam that is so vastly different from the radical Islam that dominates its society identity today. Nor did it, until very recently, have any tourism or travel related interests in the Maldives, unlike other Western states.

If the United States was honestly interested in tackling the rapid radicalisation of the Maldivian society instead of its own counter-terrorism efforts in the region, it would have taken steps to understand the root causes and nature of extremism in the Maldives. Very little is known about how and why Maldivians have succumbed so easily to radical Islamist ideology. Neither is it known whether the people who outwardly show signs of radicalisation—change of religious practices, clothing, general behaviour— in fact have anything to do with the adoption of an ideology. Serious intent of curbing radicalistion would involve attempts to understand it, followed by a counter-radicalisation strategy custom-designed to solve the problems so identified.

The United States has a vast budget and plan for counter-radicalisation efforts that go beyond its borders, but it has not initiated or supported any research in the radicalised Maldivian community. Instead, it sends dubious US ‘terrorism experts’ to teach Maldivians about tackling radicalisation, according to what the Americans know and has defined radicalisation to be. Rather than tap into the vast potential for building a knowledge base on how an entire population can embrace radical Islamist ideologies after remaining far removed from them for centuries, the US tells Maldivians what their society is about, and implement actions governed not by what is at stake for Maldivians, but by a generic idea of what the US perceives should be done in a ‘rapidly radicalising Islamist society’.

This lack of knowledge and cultural disinterest has meant US foreign policy towards the Maldives is entirely governed by its own realist interests, which has had a largely negative impact on Maldivian attempts to consolidate democracy. These detrimental effects have been created by, and are manifest in, several characteristics of US engagement with the Maldives.

American view of the Maldives as a backward Islamic state which is a breeding ground for Islamist radicals and Jihadhis was made obvious, for instance, by its push to have the PISCES border control system installed in the Maldives. The PISCES, as explained here, is not a border control system but a system designed and installed in various countries designated by the United States as ‘terrorist hotbeds’.

That the Maldives would willingly participate in the invasion of privacy of its own people and millions of visitors without consultation or debate is bad enough; what is even worse is that the system has been installed ‘for free’, at the cost of Maldives’ authority and ability to control its own borders.

Attempts to implement the PISCES in the Maldives met with intense opposition from almost all senior local immigration officials. Their objections do not stem from corruption and bias towards Nexbiz [the Malaysian company originally contracted with designing and implementing a sophisticated border control system for the Maldives] as was widely portrayed in the media, but from what the PISCES does not do.

The system is so basic that Immigration officials who attended the training programme had a module on ‘how to use a keyboard.’ Anyone familiar with Maldivian culture would know the Maldives is also one of the most Internet and technology savvy countries in the region. Computer literacy among the youth must be close to a 100 percent, not to mention the complete saturation of the Maldivian market with smart phones and all other modern technological gadgets. For Maldivian immigration officials, used to operating the most advanced immigration control system in the region for years, the ‘Computers for Dummies’ class was an affront.

If only things stopped at imperial condescension.

The PISCES is unable to do even the most basic of border control work—it cannot, for instance, keep track of the number of tourists coming to the Maldives. There is no Drop-Down Menu to automatically select which resort a tourist is staying in. There is no way to automatically feed and calculate the number of days a tourist will be staying in the country by inputting dates. Now it is essential for immigration officials to keep pen and paper as well as a calculator beside them when manning the Immigration counters at various ports across the country. In addition, immigration officers need to have two other systems running simultaneously to the PISCES if they are to check visas and monitor the arrival and departure of expatriates for PISCES can do neither. Not only is this causing great frustration among officials highly trained in maintaining a sophisticated border control system, it is also leading to negligence of some of their most important responsibilities.

The most important thing for us is to compare the person standing at the counter and the passport that s/he presents to the official. Is it the right person? We can’t do that now because we are so busy punching the buttons on our calculators or manually typing in the person’s address in the Maldives. Of course, mistakes are being made (A senior immigration official, September 2013).

To circumvent  immigration officials’ resistance to PISCES, the Minister of Defence Mohamed Nazim—with whom the United States has been negotiating to have the PISCES installed in the Maldives—handed over their work to staff at the National Centre for Information Technology (NCIT). When Immigration officials resisted this handover, their senior IT personnel were summoned to the Defence Ministry, sat down with large numbers of uniformed military personal in a highly intimidating atmosphere, and told to agree to the new arrangement, or else.

One of the main problems that modern Maldives has to confront, flagged by the United States itself, is the issue of human trafficking. Tens of thousands of Bangladeshi labourers are in the Maldives illegally. They are heavily exploited by ‘employers’  who make them work for little or no money, and regularly treat them inhumanely. The PISCES does not have the capacity to trace the movement of any foreigner in the Maldives—be they expatriate workers or tourists. The Nexbis system included the introduction of an ID card with a 3-D Bar Code that, even a photocopy kept by an expatriate, would allow immigration officials to trace their whereabouts, greatly reducing the opportunities for them remaining in the Maldives illegally and/or their exploitation by those running the slave labour trade in the country.

With PISCES, nobody knows where anyone is—it just counts the number of Mohameds and Ahmeds and other passengers with Muslim names [terrorists by default] who enter and leave from the geo-strategically important Maldives so that US’ Terrorist Database is kept up to date. There is huge corruption involved in the ousting of Nexbis and the Maldives’ agreement to accept the PISCES as our ‘border control system’, but that is for another day’s discussion. The relevant point here is that the US—which, by the way, does not consider PISCES to be a good enough system for monitoring its own borders—is quite happy for the Maldives to totally lose control over its own borders and become wholly inept at handling the human trafficking crisis that it confronts. What matters to the US is having an additional weapon in its ‘crusade’ against radical Islamists.

What governs US foreign policy in the Maldives?

Discussed above are two examples of how US has ridden roughshod over Maldivian domestic affairs and interests since it noticed the Maldives as important to its power play in the region. Common to both matters is the imperialist neo-colonial attitude with which the US conducts its business with the Maldives. These interests, and this attitude, very much contributed to the role that the United States has played in bringing the Maldivian democracy to its current crisis.

The US was the second, after India, to rapidly recognise the incidents of 7 February 2012 as a ‘legitimate transfer of power.’ Just as the United States designated the Maldives as a backward Islamic terrorist state without knowledge of the characteristics and nature of its radicalisation issues, it began meddling in the Maldivian democracy without a clue about Maldivian culture and traditions. Instead of attempting to find out, it brought into play its own preconceived notions of what a democracy, and what a leader of a democracy, should be.

Mohamed Nasheed, according to a view widely propagated by US Embassy officials, and almost as widely accepted among the diplomatic community, is that he is ‘not a statesman’. Waheed, on the other hand, educated in Stanford, San Francisco, and by all likelihoods the holder of a US green card and the father of children who are US citizens, is the embodiment of what counts as a statesman for the US. It does not matter that it is precisely the non-statesman like behaviour of Nasheed that has appealed to a majority of the Maldivian population. It is Nasheed’s willingness to get out of a suit more than his eagerness to get into one, his ordinary language, his fluency with Dhivehi vernacular and history, and his ease with people of every age that inspires people of all ages to unite behind him for democratic reform in the Maldives. For thirty years Maldivians had a leader who fit the international community’s idea of a statesman—he did nothing to empower the people. Why should they want another ‘statesman’?

But, US embassy officials—who swan into the country on a brief visit from their ‘Virtual Presence Post’ in Colombo, usually stay in the swanky five-star Traders Hotel where a room costs over US$300 a night [the monthly salary of an average Maldivian worker] for one or two working days, then speed off to a resort island for the weekend to sip cocktails and unwind before returning to their lives in Colombo—are adamant that what the Maldivian democracy really deserves is a ‘statesman’. They have no idea what a majority of Maldivians think of Nasheed. None of them stay long enough to watch the rallies, the street demonstrations, the Door to Door campaigns, and the hard graft of the grassroots based community efforts that have enabled Nasheed to wake a majority of Maldivians to dream of democracy.

So US ‘virtual’ staff in the Maldives quickly moved to have Dr Waheed [now widely known as Doctor Five Percent after gaining only that much of the vote in the elections held on 7 September] installed as the legitimate president. Ironically, US attitude towards Nasheed—enthusiastically endorsed by the current Obama government—is one that most closely resembles the Republican Tea Party attitude towards Obama with the mad Birthers and whatnot. It is totally ridiculous and out of touch with how a majority of domestic and international populations think of the leader in question.

Just as influential in shaping US policy towards the Maldives as its Orientalist condescension are the realist national security interests of the US discussed above. The US did not just stop at saddling the Maldives with an incompetent statesman, it capitalised hugely on Waheed’s presence to push its interests in the Maldives as rapidly as possible. Negotiations regarding the PISCES were initiated by Waheed who became the chief procuring agent of the PISCES system, having opened discussions about Maldivian border control problems with the US during a visit to New York in 2009.

Once Waheed ‘rose to the presidency’, he appointed the dishonourably discharged former army general [Baaghee] Nazim as the primary go-between the US and the Maldivian government. Despite Nazim’s very public role in the forcible removal of Nasheed from presidency, he was quickly adopted as a darling of the US diplomatic community.[Dubious generals, it seems, are quick to win favour with Washington.]  Nazim is the main mover and shaker not just in having the PISCES implemented but also in securing a SOFA with the Maldives for the United States. Until the current political crisis, Nazim’s main preoccupation since early this year was to put pressure on all immigration staff to have the entire PISCES system up and running everywhere in the Maldives by a specific date—October 20th—for unspecified reasons.

It is not just the PISCES or the SOFA that have been pushed on the Maldives since the US, with its strategic ally India, helped Waheed the statesman and Nazim the General into top positions in government. US state department officials have since been given access to certain areas of the Maldives to conduct an ‘economic and social survey’, a US company—Blackstone—has bought out the entire seaplane industry of the Maldives, and it is also to a US company that the MNDF training island of Thanburudhoo, complete with a popular national surfing spot, has been sold. It is makes one neither an alarmist nor a conspiracy theorist to suspect there is a lot more we do not know about.

Since authoritarians began conspiring to disenfrachise Maldivians by cancelling the second ever democratic presidential election in the Maldives, most of the international community seems to have moved away from, if not officially revised, their assessment of the 7 February 2012 events as ‘a legitimate transfer of power’. Where a majority of the international community reacted with concern over the indefinitely postponed election, the United States’ first response was this statement.

We note the Maldivian Supreme Court’s ruling to delay the second round of presidential elections, scheduled for September 28, as Justices continue to hear arguments. While this judicial process moves forward, we encourage all political parties to work together peacefully and ensure that the democratic process can continue in a way that respects the rule of law and that represents the will of the people.

To describe the current farce in the Maldivian Supreme Court as ‘the judicial process’ and the ridiculous claims of opposition parties challenging the election results as ‘the democratic process’ is to know nothing—and/or to care nothing—about the current state of the Maldives and its fight for democracy. Despite a flurry of statements expressing concern over the Supreme Court behaviour from various other members of the international community, the second US statement was not much better than the first.

It is states like the US, and their realist national security interests that threaten Maldivian sovereignty today more than direct foreign military intervention. It is such interference that in the long run takes away from the power of the Maldivian people to have an independent country led by a leader of their choice in a government of their own. We are better off preparing for resisting such invasions of our identity and ‘sovereignty’ by foreign powers than inviting or contemplating the repercussions of armed military intervention. When ‘soft power’ is packed with so many dangerous explosives, who needs guns or boots on the ground?

Dr Azra Naseem has a PhD in International Relations

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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Week in review: September 27- October 4

This week began with the Elections Commission meeting to decide if it was to go ahead with the scheduled run-off on Saturday (September 28). After police demonstrated their intention to stop the vote by force, the EC declared that it could not hold polls under such circumstances.

The decision to delay, however, did not prevent the EC’s members receiving multiple death threats, prompting requests for police assistance.

Whilst EC advisor Judge Johann Kriegler held a public lecture regarding the importance of collective belief in a successful election, legal experts in the country explained to Minivan News that the Supreme Court’s rulings had left the country in a legal void.

The Maldivian Democratic Party (MDP) began what they hoped would be a pre-election rally from the south side of Male’, which turned into a stand-off with police in the streets surrounding the Supreme Court. Following news of the delay, Mohamed Nasheed’s supporters have demonstrated in the same area for seven consecutive nights.

After some reflection, the MDP’s leadership announced its determination to establish a “people’s government” should a new president not be sworn in by the end of incumbent Dr Mohamed Waheed’s term on November 11.

Waheed, after calling for national calm whilst the Supreme Court deliberates, hosted his former boss Nasheed at Muleeage – the pair’s first meeting since the February 2012 transfer of power.

The remainder of Waheed’s address to the nation was largely concerned with warning the state’s warring institutions about foreign actors who may take advantage of such disharmony. His fears were no doubt stoked by the remarks made on social media by former Foreign Minister Dr Ahmed Shaheed, who had suggested that resolution of the Maldives’ current crisis may require some form of foreign assistance.

Whilst Waheed stayed away from the UN General Assembly this week, Acting Foreign Minister Dr Mariyam Shakeela was in attendance, warning the group’s members against attempts to interfere in “the emergence of an indigenous democratic system of governance in the Maldives”. Shakeela’s comments came just days after the Commonwealth Ministerial Action Group (CMAG) expressed concern at recent developments during its biannual meeting.

Unrest within the security forces became apparent this week, as a number of leaked letters from current and former military personnel revealed concerns over the potential politicisation of the Maldives National Defence Force (MNDF). Authorities have responded with stricter internal regulations and a number of suspensions, as well as blasting media outlets for reporting the leaked letters.

The Maldives Media Council announced its intention to file a no-confidence motion in parliament against the country’s broadcast regulator, as well as accusing the EC of favouring certain outlets.

The Indian High Commission this week revealed its own lack of confidence in multiple Maldivian state institutions, whom it accused of being complicit in the mistreatment of hundreds of its workers.

The country’s political deadlock has threatened to spread to the economy as port workers flexed their collective muscles in order to send a message to the government regarding the delayed vote. Reports of strikes by air traffic controllers and ground handling staff at Ibrahim Nasir International Airport (INIA) were played down by management.

Customs workers also held strikes on Thursday – citing long term workplace grievances – and have given management one week to address their demands .

Calls for tourism workers striking last week failed to result in significant incident, though Minivan News was informed of the partisan political atmosphere in Irufushi which has resulted in numerous dismissals at the resort.

Travel advisories in a number of significant markets, including China and the UK, were updated this week to warn of growing instability.

The MDP’s supposed run-off opponents, the Progressive Party of Maldives (PPM) took advantage of the lack of activity in the Supreme Court to call for the removal from parliament of MDP MPs who had criticised the court’s recent rulings. The Home Ministry has announced it is investigating both Transparency Maldives and the Tourism Employees Association of Maldives (TEAM) for similar offences.

The PPM also called for the resumption of Nasheed’s stalled trial regarding the detention of Criminal Court Judge Abdulla Mohamed, and the quick resolution of the Dr Afrasheem Ali murder case. Police this week forwarded a further four names to the Prosecutor General for their alleged involvement of the late PPM MP’s killing.

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Government rules out supplementary budget to plug 2013 shortfall, commits to T-bill sales

Finance Minister Abdulla Jihad has said the government has overcome the need to issue a supplementary budget to plug a shortfall in state spending for the current year, relying instead on short-term treasury bills (T-bills) to carry over its debts.

The comments were made as the Ministry of Finance today confirmed it had been officially requested to present the proposed annual 2014 state budget to parliament on October 30, with work ongoing despite the challenges posed by the upcoming Eid holidays.

Jihad previously told Minivan News that despite anticipating parliament would need to approve a supplementary budget after state offices were found to have exhausted their recurrent expenditure for 2013 by April, the government was now instead relying on T-bills to balance outgoings.

The finance minister last month said that the Maldives was relying on 28 day T-bills to help “roll over” debt one month at a time after parliament had failed to approve a number of measures to try and increase state expenditure not included in the 2013 budget.

T-bills are sold by governments all over the world as a short-term debt obligation backed by sovereign states. In the Maldives, they have a maximum maturity of six months, in which time they must be repaid.

The present government’s reliance on T bills has been slammed by the opposition Maldivian Democratic Party (MDP), which has previously questioned why there had been an increased reliance on short-term financing considering total state revenue rose 16 percent over the 12 months up to July 2013.

Borrowing fears

The Finance Ministry claimed in August that it had managed to reduce state spending since 2012, despite the MMA raising fears that the current “beyond appropriate” levels of government expenditure was leading to a vicious cycle of borrowing.

Early last month, the government said it hoped to secure longer-term financing measures to cover the shortfall in annual revenue as the number of 28-day T-bills sold by the state almost doubled in July 2013 compared to the same period last year.

According to the Maldives Monetary Authority (MMA) monthly review for August 2013, sales of T-bills for July 2013 has risen by 95 percent year on year.

The MMA stated that there had been a 163 percent in 28 day T-bills by July 2013 compared to the same time last year, despite sales of T-bills with a maximum maturation period of three month and six months declining by 63 percent and 83 percent respectively.

Sales of T-bills were also up 35 percent for July 2013 over the previous month, according to the MMA’s figures.

Budget issues

Finance Minister Jihad told Minivan News earlier this year that the state’s increased reliance on T-bills between July 2012 and July 2013 reflected the difficulties faced by the government in trying to raise budgeted revenue during the period.

He added that with only “a few people” in the private sector now interested in purchasing the short-term debt obligation from the government, T-bills has been sold as part of wider investments made by the state through the country’s pension fund.

Parliament in April rejected government-sponsored legislation to raise the airport service charge to US$30, which was among a raft of measures proposed by the Finance Ministry in the estimated 2013 budget to raise MVR 1.8 billion (US$116 million) in new income.

Other proposed measures include hiking Tourism Goods and Services Tax (T-GST) to 15 percent from July 2013 onward, leasing 14 islands for resort development, introducing GST for telecom services as well as oil, and “selectively” reversing import duty reductions.

Opposition’s T-bill concerns

Mahmoud Razee, former Economic Development Minister under the previous government, claimed T-bills should only be used by the state to help cover its operational expenses, rather than serve as a long-term means of financing.

“With income tax revenue having increased according to the Maldives Inland Revenue Authority (MIRA), why have [T-bill sales] gone up? Under the MDP government we were using T-bills to meet our cash flow,” he said. “This had nothing to do with the fiscal deficit.”

Razee argued that while the former government had itself sought foreign loans to balance the financial deficit while in power, the administration of former President Mohamed Nasheed had worked to avoid relying on T-bills for longer-term financial concerns like balancing the national fiscal deficit.

“The moment T-bills are increased, this directly affects loans that banks are able to give to the private sector, leading to the cost of borrowing increasing,” he said.

Razee claimed that the MDP government had attempted to try and extend income tax reforms introduced during its time in office to further boost revenues – a plan he said was cut short by the controversial transfer of power on February 7, 2012.

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