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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Government to establish conservation zones as part of Maldives bio-reserve transformation

The government is moving ahead with plans to transform the Maldives into a biosphere reserve through the designation of zones across the country that would earmark land use for specific purposes such as tourism development or conservation.

In approving the plan to transform the country into a “world renowned” marine reserve, members of the cabinet claimed there had been a growing number of visitors to areas such as Baa Atoll after it became a protected area.

While some tourism industry figures have welcomed existing efforts to transformation areas such as Baa Atoll into bio-reserves, concerns have been raised about the efforts taken to manage such zones in balancing tourism interests with preserving local habitats.

Zone strategy

Muhusina Abdul Rahman, an analyst for the Ministry of Environment and Energy, told Minivan News that the cabinet had opted to implement the action plan following a declaration by President Waheed at the Rio +20 summit last year to make the Maldives the world’s largest marine reserve.

“We consider this a good direction for development in the country, not just in terms of conservation, but as a means to improve livelihoods in a sustainable way,” she said.

In an attempt to implement the marine reserve plan, Abdul Rahman claimed that rather than impose nationwide restrictions on developments and activities that could be conducted in the country’s waters, special zones would be established instead.

“We have considered three zones that will set aside sensitive sites that would protect areas deemed crucially important to the environment,” she said.

The zones were at present expected to be separated into three categories ranging from conservation areas and “buffer zones” around these protected sites, to “transition” areas that would be able to be developed for industrial and other purposes.

According to Abdul Rahman, the action plan for the reserves had been drawn up alongside consultation with tourism authorities, NGOs, members of the fishing industry and various atoll councils.

The plans, which will form part of efforts to make the Maldives a “world-renowned biosphere reserve” by 2017 have been based on a paper submitted to the cabinet by the Environment Ministry, according to the President’s Office.

However, Abdul Rahman claimed that the implementation of the bio-reserve strategy was not expected to be without its challenges – not least in terms of negative public perception towards possible restrictions on livelihoods and businesses.

“I would like to mention that the pubic will also be able to to propose certain sites to be awarded protected status,” she added.

Biosphere designation

Baa Atoll was designated a UNESCO World Biosphere Reserve in 2011.

The development was claimed at the time to be a significant achievement for the Maldives by NGOs and state organisations, who highlighted the need for efficient management.

Almost two years on from being awarded the accolade, one resort general manager based in the atoll said the designation of the site as a bio-reserve had not changed operations at his property a “single bit”, despite claims from authorities about the significant marketing potential.

“The bio-reserve is certainly a nice thing to have here, but I don’t think so many people are coming here because of [the designation],” the general manager stated.

The resort head maintained that guests had been coming for some time to the area, which is renowned for sightings of whale sharks and manta rays.  This was attributed in part to growing international attention on the nearby Hanifaru Bay, which has previously created challenges for local conservationists and resort operators.

However, the resort general manager said it was “a bit too early” to assess the significance of the UNESCO designation to the local environment and population of Baa Atoll.

“There are a lot of conservation organisations here with opinions on how to manage the site, but it’s taking a long time to reach agreements. I have myself expressed concerns that it is taking too long to devise how the areas should be used,” the resort head said.

The general manager added that the next meeting of local stakeholders to decide a plan for managing the biosphere for the next year had been scheduled for March, further setting back potential benefits for the industry and conservationists.

“By March, one quarter of the year will already have gone. There is definitely strong potential here for the reserve, but by then, the manta season may be over and we will still be waiting to vote on a plan for how it will work,” the source added.

Tourism impacts

Beyond the establishment of high-profile sub-aquatic spas and restaurants in the country, some resorts are opting to play up the emergence of nearby protected marine parks and reserves.

Within the seclusion of the country’s northerly Noonu Atoll, the Hilton Iru Fushi resort is one property that in recent years has been working with the country’s first Marine National Park (MNP) at Edu Faru in a bid to play up the surrounding natural appeal of the area for guests.

The MNP’s management told Minivan News last year that after signing a Memorandum of Understanding (MOU) with the previous government in August 2011, guests staying at certain nearby properties like the Iru Fushi resort were cautiously welcomed to explore the protected underwater habitats.

“The project is still in its early development stages and we are working towards having an official opening ceremony at the end of 2013,” said a representative for the MNP at the time.  “The level of protection is yet to be determined in collaboration with the government and experts in the field.”

A representative for the MNP claimed last year that balancing tourist interest in the area with the need to preserve coral and other inhabitants would always create “ecological challenges” for its operations, but it was working to overcome them nonetheless.

“The MNP will rely on marine-based tourism such as scuba diving and snorkelling,” the MNP spokesperson said at the time  ”We strive to achieve a balance between recreational use and preservation of ecological values that form the MNP and the biological carrying capacity and prevent overuse of the site.”

Meanwhile, back in November Deputy Tourism Minister Mohamed Maleeh Jamal claimed destinations like Baa Atoll were helping the area become a “premium destination within a destination”, adding further value to properties located in an area of strong natural interest.

Along with the potential benefits of operating as a marine reserve, Maleeh claimed that the country’s status of being a protected marine reserve would not itself impact on the type of tourism developments being sought in the Maldives.

These plans have included ambitious proposals such as the construction of five man-made islands to support leisure developments including a 19-hole golf course in the Maldives.

Maleeh said he did not think these type of projects would be threatened by the Maldives protected reserve status, with developers still being required to work within existing environmental laws that impose several restrictions on the amount of development possible on each island.

“All plans are required to undergo an Environmental Impact Assessment (EIA) and resort developers are very good at working within these parameters,” he said.

In September 2012, a marine biologist working in Baa Atoll reported the discovery of the remains of a baby shark and endangered sea turtle barbecue on the uninhabited island of Funadhoo, one of the country’s 14 priority nesting beaches legally protected under Maldivian law.

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Maldives’ future “a cycle of failed governments”: report

The most likely short-term political future of the Maldives is a cycle of failed governments, according to a report produced by local NGO the Raajje Foundation, and supported by the UNDP and the US State Department.

“The Maldives finds itself at a critical juncture in its political development. The high hopes for the country after the new Constitution and first ever democratic election in 2008 have been tempered by the events of February 2012, in which President Nasheed resigned from office under claims of duress following weeks of public protests and increasing political tension,” writes Professor Tom Ginsburg from the University of Chicago Law School.

“This has led some observers to consider Maldives as a case of a broken transition to democracy, and there is growing disagreement among Maldivian commentators on what might the best or most desirable route forward.”

Democratic development in the Maldives is hampered by challenging conditions, including “a political culture that emphasises recrimination over reconciliation, a thin inchoate civil society, nascent higher education, limited transparency, a long tradition of patronage, massive wealth inequalities, difficult population demographics, weak politicised institutions, distorted labor market, and a narrow economy vulnerable to external shocks,” states Ginsburg.

“At the same time, the country is also confronted with major economic and social problems, such as the prospect of national insolvency and a young generation wracked by drug abuse, that would challenge much stronger states and more institutionally developed societies. This all renders the current moment one of very high stakes.”

The report documents an incendiary background for future political upheaval, noting that the 40 percent of the Maldives’ population aged under 21 are “not being integrated into traditional social and economic structures.”

Resulting issues included widespread youth delinquency and heroin addiction, affecting as much as eight percent of the population, the report notes.

“There are also other unstudied issues such as the slum-like overcrowding in the capital, increasing religious extremism, and a large illegal immigrant population, many of whom are believed to be trafficked as part of an organised racket in which the state seems either complicit or unable to control. Expectations are high but government capacity to deliver is low and a looming budget financing crisis means that there is very little room to maneuver,” it adds.

Researching such problems from the outside is difficult, Ginsburg writes, due to state obfuscation “by endlessly referring enquiries from one government office to another. Scholarship, policy analysis, and social data on the Maldives are almost nonexistent. It has for many been a very difficult country to learn about.”

“There is also very limited capacity in the Maldives for policy analysis outside a very few select government ministries. Indeed, there does not seem to be a culture of reasoned justification but rather any effort to provide a neutral perspective is assumed to be and is viewed as politically partisan.”

The report analyses the economic crisis facing the country, noting that ballooning public expenditure had reached the point where 10 percent of the population is employed by the government, and commented on the lack of an independent pay commission to prevent parliament and other commissions from effectively raising their own salaries to those akin to developed countries.

Independent commissions were in a position where they faced either accusations of selective enforcement based on politicisation, “or focused on fact-finding and other activities to keep them out of the heated political conflicts of the day.”

The Judicial Services Commission (JSC)’s mission to ensure the new judiciary was was clean, competent, and protected from political influence, “has sadly gone unfulfilled.”

“The courts have essentially been able to capture the JSC so as to ensure that the old judiciary remained in place under the new constitutional order,” writes Ginsburg.

“While the 2008 Constitution does include a provision allowing for five year terms for current judges before appointing them for a life term till the age of 70, presumably to allow some transition from the old regime, it is now not clear this provision will be exercised without some dramatic and unexpected change in circumstances.”

A raft of new civil society organisations which sprang up after 2008 were meanwhile accused of being “aligned with various political agendas”, while “a few organisations have obtained an effective chokehold on international funding and support, inhibiting the overall growth and competence of the sector.”

Three scenarios

Against this backdrop – “a cascade of serious structural weaknesses that undermine continued democratic development” – the report outlines three potential scenarios for the country: a cycle of failed governments; dominance of one hegemonic faction; and an eventual move towards constitutional democracy.

Scenario one: Cycle of failed governments

This scenario would be most likely to result ”if the current government pursues its legal case against former President Nasheed in a shortsighted and headstrong manner, or if Nasheed escalates conflict to try to ‘overthrow the government’,” Ginsburg writes.

In this scenario – the most likely – “personalities rather than policy differences continue to define the party system and alliances of political aspirants shift back and forth among two or three factions competing to secure access to state resources.

“These personalities, when in government, will therefore always have the incentive to stymie critically needed reforms for fear of cutting down the very patronage networks that sustain them and allowing their opponents to promise to restore this largess.

“In this scenario, true national leadership becomes the casualty. No one will be willing to take the tough decisions to put through the needed legislation, undertake essential bureaucratic rationalisation, and get the government on a proper fiscal footing. One government after another will find itself unable to do what is required in order to break through the cycle of repeated failure.”

With the state paralysed, “There will be almost no chance for the unanimous consensus required to make the constitutional changes needed to reintroduce rigorous judicial accountability or even rewind the country back to its transitional period.

“Given the politically weak bargaining power of the general public, and the large and still growing youth demographic in particular, radical ideologies and charismatic anti-establishment figures may become more popular with a frustrated but disempowered population,” Ginsburg predicts.

Scenario two: Dominance of a hegemonic faction

“Some already talk openly about a ‘Singapore option’ in which a single political party takes leadership and empowers a technocratic state apparatus to provide for the public good,” writes Ginsburg.

“The permanent collapse or suppression of one faction to another does not seem likely to occur without a use of force which would put Maldives in clear violation of its treaty obligations and basic international norms. Consequently, efforts to attain hegemonic control would actually likely lead to an even more adversarial version of the cycle of failed governments scenario in a way that is perhaps reminiscent of Maldives’ present situation,” he warns.

“With a still politically disempowered public unable to truly hold government to account, this scenario may similarly also lead citizens to look to more radicalised religious and non-establishment actors who claim to offer more equitable alternatives to the status-quo.”

Cautioning against comparisons with Singapore, the report notes that the Maldives “is coming from a completely different context and, more significantly, does not have a potential leader who could command the respect that Lee Kuan Yew earned in Singapore.

“Pursuing a strategy premised on the promise of enlightened leadership is thus risky and likely to fall back into a cycle of failed governments. It is also what the Maldives had sought to move away from in the first place by not supporting a continuation of its prior tradition of autocratic governance.”

Scenario three: Constitutional democracy

The most internationally-desirable forecast for the Maldives “is also the least likely”, writes Ginsburg.

“This would involve potential alternation in power among political groups, a focus on policies as the basis for political decision-making, along with a deep infrastructure to support the development and implementation of policies, significant constraints on extra-constitutional governmental action, and a sense of political maturity that has heretofore been lacking,” he states.

The report outlines a number of recommendations to achieve this scenario, particularly constitutional education to encourage the kind of public pressure “that ensures that politicians and government agents comply with the orders of courts, independent agencies and the intent of the Constitution.

“Ignorance of the public on their own Constitution is by far the most obvious gap within the Maldives’ democratic transition,” the report suggests.

In terms of judicial reform, “There must be mechanisms to ensure that the judges obey the law and apply it consistently. there are reasons for concern about the current situation, in which the legal framework is underdeveloped and the Supreme Court has foreclosed many of the extant channels of ensuring accountability.”

Ginsburg proposes a more active and independent, self-regulating bar association, with lawyers freed from the requirement to be registered through the attorney general’s office. He notes that the International Bar Association “has repeatedly offered its assistance”, but suggests that the prospect is unlikely “given the politicisation of the various groups who would have come together for such a purpose.”

Programs such as citizen-initiated ‘court-watch’ initiatives, common in other countries, were hampered by the lack of open courtrooms. Moreover, “rules squelching discussion of court decisions form a major barrier to this or any other channel of accountability.”

The report proposes the use of laymen in adjudication, with four to five citizens “sitting with two to three judges in serious criminal cases such as murder.” However, “the challenges of implementing such a system in the Maldives with its dense network of family ties should not be underestimated.”

The report cautions that donors supporting the development of judicial capacity in the Maldives “must tie this to developing enhanced mechanisms of accountability.”

Read the report

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American high school teacher implementing sustainable mosquito control project in the Maldives

“For most people in Siskiyou County, mosquitoes are no more than a nuisance. But in the Maldives, where they breed rapidly and transmit painful and sometimes deadly Dengue fever, they’re much more of a problem”, Californian publication Mount Shasta Herald  reports.

“Former Mount Shasta High School teacher Trudy Rilling-Collins is working to control mosquitoes in the Maldives in an environmentally friendly way. She recently enlisted help from MSHS graduate Sydney Miller to implement sustainable mosquito control projects with local islands in the Maldives, a double chain of 26 atolls consisting of 1,200 islands off the coast of India and Sri Lanka.

Rilling-Collins hopes to create a project model that will empower the Maldivian people to effectively control mosquitoes on their own. Not only will this benefit the people – both local Maldivians and tourists – but it will also help the environment, she explained.”

To read more, click here.

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MDP accuse Commonwealth Secretariat of complicity in “coup” cover-up

The Maldivian Democratic Party (MDP) has accused the Commonwealth Secretariat of being involved in an alleged cover-up of key details surrounding the controversial transfer of power on February 7, 2012.

In a statement released yesterday (January 23), the MDP claimed that parliament’s Executive Oversight Committee (EOC) had uncovered evidence of a “systematic government cover-up designed to subdue testimonies from key witnesses to the coup d’etat”.

The statement accused the Commonwealth Secretariat of having “close involvement” with the government’s Committee of National Inquiry (CoNI) that reported on the power transfer on February 7, 2012 – making it implicit in any alleged cover-up.

Among the MDP’s allegations, the Commonwealth Secretary-General’s Special Envoy to the Maldives Sir Donald McKinnon was accused of “giving in” to government demands to appoint certain individuals to oversee the report.

“The CoNI, established by Dr 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,” the statement read.

“After an international outcry, the government was forced to agree to reform the CoNI. 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.”

The MDP added that the final report of the CoNI had maintained that the transfer of power had been constitutional and rejected allegations of a “coup d’etat” despite what it claimed was “widespread evidence to the contrary.”

Minivan News is awaiting a response from the Commonwealth Secretariat at time of press.

The statement was released the same week in which senior military and police intelligence figures gave evidence to the EOC alleging that the transfer of power on February 7 “had all the hallmarks of a coup d’etat”, and claimed that the final CoNI report had not reflected their input.

The 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.

President’s Office Spokesperson Ahmed ‘Topy’ Thaufeeq told Minivan News today 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 added.

Asked whether the MDP’s allegations that the suspension of senior military staff who gave evidence to the EOC was an attempt by the government to “subdue testimonies from key witnesses”, Thaufeeq argued that the government “was not in a position to talk about a military matter”.

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Two men arrested with 325 bottles of alcohol

Police have arrested two men found to be in possession of 325 bottles of alcohol in Male’ on Thursday afternoon.

According to the Maldives Police Service, the two men were arrested as part of a joint operation conducted by the Police Intelligence and Drug Enforcement Department (DED).

Police confirmed to local media that a Bangladeshi and Maldivian national were arrested as part of the operation.

Police said the Maldivian suspected was 34 years-old, while the Bangladeshi man was 22 years-old.  No further details on the suspects were provided.

Meanwhile in Addu City, police have also announced the arrest of six men and a minor with MVR 53,000 (US$3430) and illegal narcotics.

The arrests, which were made on Tuesday (January 22), formed part of a wider on-going operation called ‘Our Peaceful Addu City’, which was commenced by police to try and reduce crimes rates in the area.

“The six men were arrested at about 10:50 pm on January 22 during a raid on Thamannaa House in Addu City,” police said in a statement, adding that the raid was made following intelligence reports.

When police searched the house, officers discovered nine bullet-sized packets containing illegal narcotics, another 13 small packets of illegal drugs and a 500ml bottle containing home-made alcohol.

According to police, a sum of money totalling MVR 53,538, a laptop and a projector all suspected to have been stolen were also discovered inside the building at the time.

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Environment Ministry seeks alternative funding to meet development aims

The Ministry of Environment and Energy will attempt to diversify how it finances infrastructure projects in order to compensate for a reduced budget during 2013.

State Minister for Environment and Energy Abdul Matheen Mohamed told Minivan News that reductions to government expenditure over the next 12 months would create “operational difficulties” in its ability to provide water and sewerage projects to a wider number of islands.

The claims were made as the Environment Ministry yesterday unveiled its work plan outlining developments for the next twelve months that will include water projects across 15 islands and sewerage developments on 47 islands.

Despite these commitments, Matheen stressed that the ministry’s development focus has been limited by parliament last month approving a budget of MVR 15.3 billion (US$992 million). The approved amount had been cut by over MVR 1 billion (US$65 million) from the budget originally presented by the Finance ministry to parliament as part of efforts to curb concerns over a budget deficit.

In order to try and make up for possible shortfalls in spending for development projects, Matheen said private sector collaborations were among initiatives sought by the Environment Ministry.

“Definitely we will be facing operational difficulties due to the budget cuts, so we are trying to diversify the financing sources for the development projects and apply the maximum flexibility in the procurement process,” he explained.

“In addition, we are aiming to increase the private sector participation and contractor financing for project implementation.”

Renewable focus

Along with water and sewerage projects, Matheen claimed that efforts were also under way by the ministry to secure MVR800 million (US$51.9 million) for development of the country’s energy sector.

A key focus of this development would be focused on renewable energy, reflecting ongoing commitments to try and become a carbon neutral nation by the end of the decade.

He added that donor funding and private sector finance was presently being sought as part of this green focus.

According to local media, the Environment Ministry yesterday unveiled that state funding would be supplied for water projects on five islands, as well as the introduction of sewerage systems to a further 32 islands.

Further projects on 13 other islands were reported to be funded through loans, while two sewerage systems would be implemented as part of Corporate Social Responsibility (CSR) initiatives.

According to the Sun Online news service, Environment Minister Dr Mariyam Shakeela claimed that MVR315 million (US$20) was to be spent from the state budget to fund environment ministry projects.

Dr Shakeela was reported as saying that an estimated MVR500 million (US$32 million) was needed to fund the total number of water and sewerage projects it had outlined for 2013.

“Due to the budget difficulties we are almost not able to pay salaries in some areas. But we are working through the projects we have in hand and other ways.  We are trying to find a solution by holding discussions with the Finance Ministry,” she was quoted as telling local media.

Concerns

Back in December 2012, State Minister Matheen claimed that there were “concerns” about the amount of funding allocated to the Environment Ministry in the proposed state budget.

Such concerns were addressed this month by Finance Minister Abdulla Jihad, who pledged to hold discussions with government departments, independent institutions and the Maldives judiciary to try and reorganise their respective spending allocated within the 2013 budget

Despite the efforts to reallocate monies within each ministry, Jihad has maintained that the present state budget was likely to be insufficient to cover costs over the next year. “We will have to submit a supplementary budget this year,” he contended.

The parliamentary committee that reviewed the state budget last month had originally recommended MVR2.4 billion (US$156 million) worth of cuts to state spending.

A number of the committee’s members claimed expenditure could be reduced largely by cutting “unnecessary recurrent expenditures” within the budget such as ministerial spending on foreign trips and office expenses without impacting services.

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