Day: March 29, 2014

Week in review: March 22 – 29

The week began with 302 candidates and 189,000 voters taking part in the Maldives’ second multiparty Majlis elections.

After polling proceeded without notable incident, preliminary results quickly showed that the governing Progressive Coalition had secured a clear victory – later confirmed as a 53 seat majority in the 85 seat legislature.

President Abdulla Yameen – whose Progressive Party of Maldives (PPM) took 33 seats – interpreted the result as a ‘yes’ to peace and stability and a chance to pick up where his half-brother Maumoon Abdul Gayoom’s ‘golden 30 years’ had left off.

Meanwhile, Foreign Minister Dunya Maumoon – daughter of former President Gayoom – saw the result as a rejection of “foreign interference” and a show of support for her father and uncle’s leadership.

Coalition ally the Maldives Development Alliance noted that the result – in which it took five seats – as a sign of public confidence in the relatively young party. Despite being upbeat about his party’s 15-seat haul, Jumhooree Party leader Gasim Ibrahim accused his coalition allies of fielding independent candidates in violation of pre-election agreements.

While Yameen acknowledged that vote splitting may have detracted from the size of the coalition win, the immediate effects appeared to have benefited his party, with two of the five successful ‘independent’ candidates switching to the PPM before the official results had been announced.

A further source of discord within the coalition loomed large after Gasim threw his hat into the ring for the Majlis speaker’s position this week. Though Gasim told local media he had the coalition’s full backing, the PPM subsequently announced its intention to field its own candidate.

The impact of the defeat on the Maldivian Democratic Party (MDP) – who won just 26 of the 85 seats for which it fielded candidates – looks likely to be a period of restructuring, with former President Mohamed Nasheed calling for new leaders to step forward.

All observers of the elections – partisans and neutrals alike – expressed concern at the ‘money politics’ involved, with both the MDP and Adhaalath parties blaming such practices for their own poor performances.

Despite the foreign minister’s prior comments, both the EU and the Commonwealth observer missions focused on the negative impact the Supreme Court’s dismissal of Elections Commissioners had upon the electoral environment.

Government business

Amendments to the Decentralisation Act, which would resurrect previous previously thwarted plans for streamlined local governance, were this week introduced on behalf of the government.

The resuscitation of the Nasheed administration’s attempts to transform the country’s energy sector also continued with the outlining of the Accelerating Sustainable Private Investments in Renewable Energy (ASPIRE) programme.

The government’s transformation of the island of Meedhoo appeared not have gone to plan, however, after a recently initiated reclamation project was halted due to its potential environmental and health impacts.

The Immigration Department revealed the success of a recent repatriation programme for illegal migrant workers, while employees on the Vilu Reef resort were also given their marching orders after having taken part in strikes.

In the courts, the decision to uphold a prior ruling saw the return of a five-month-old child to it’s German mother, while the Criminal Court heard the final disturbing details in the 2010 murder of Mariyam Sheereen.

The Tiny Hearts of Maldives NGO this week held their annual camp in Malé’s IGMH, providing expert care for children with congenital heart defects. Meanwhile, in Addu, investigations have begun in the events that led to a death during childbirth at Hithadhoo Regional Hospital.

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Fishermen invited to register for MVR10,000 allowance on April 1

Application forms will be available on April 1 for fishermen to register in the government’s scheme to provide MVR10,000 (US$648) during lean months, President Abdulla Yameen said last night.

Addressing supporters in Gaaf Dhaalu Thinadhoo at a rally held to celebrate the Progressive Coalition’s victory in the parliamentary polls, President Yameen said the allowance will be released to fishermen before the end of May “when all the calculations and documentation are done.”

Marinas for fishermen would meanwhile be complete by the end of the year, Yameen said.

A MVR10,000 allowance to fishermen “regardless of catch” during lean months was a campaign pledge of candidate Yameen and the now-ruling Progressive Party of Maldives (PPM).

In an interview with Minivan News in January, Fisheries Minister Dr Mohamed Shainy explained that the allowance will be provided through an insurance scheme.

“If you look at the skipjack fishing statistics for last year, you will see three or four months which are very difficult for the fishermen. The real goal of this is sustainability,” he said.

“So the aim of the government is to ensure that even during these difficult months fishermen stay in the industry. For that reason, during those few months we want to give a payment so that they can do their basic necessities, so they can fulfil their daily obligations towards their family. The MVR10,000 scheme is a top-up system.”

He stressed that the MVR10,000 was not a subsidy as the productivity of the fisheries industry has been increasing since the downturn in 2004.

“So now we need to make the industry stand alone and be more vibrant and shock-proof to absorb these shocks. We need to devise a way to get people’s minds set on the idea that they can work in the industry. The real reason is the sustainability of the fishermen in the industry to keep them in the field during this low season,” he said.

Cheaper diesel

According to the President’s Office, President Yameen also said that discussions were ongoing between the State Trading Organisation (STO) and the Indian government to arrange the supply of petroleum products.

When the talks are concluded, Yameen said the price of oil would fall during the next two months.

Duing Indian Foreign Minister Salman Khurshid’s visit to the Maldives last month, an agreement was reached to supply diesel, petrol, and aviation fuels “on favourable terms” from the Mangalore Refinery & Petrochemicals Ltd, a subsidiary of India’s state-owned Oil and Natural Gas Corporation.

Following President Yameen’s state visit to India in January – his first official overseas trip since assuming office in November – senior government figures described Indo-Maldives ties as being “as strong as they were during [former President Maumoon Abdul] Gayoom’s time in power”.

Meanwhile, in his speech last night, President Yameen reportedly said that the government has undertaken efforts to attract foreign investors to the country, which would create jobs for unemployed youth.

Among the projects in the pipeline for Thinadhoo that President Yameen announced last night included road construction, land reclamation, construction of a sports arena, and broadening tourism.

With the prevailing political stability and the mandate given to the current administration by the public in the presidential and parliamentary polls, Yameen said he believed that the government could commence mega-projects and transform the Maldives to “this region’s Singapore.”

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EC announces official results of Majlis polls

The Elections Commission (EC) announced the official results last night of the parliamentary elections that took place on Saturday, March 22.

A number of ballot boxes were reopened to address complaints from candidates before the official results were announced. However, the recounts did not affect the outcome in any of the 85 constituencies.

The official results did not differ from the preliminary results announced last week.

As 189,482 out of 240,652 eligible voters cast their ballots on Saturday, voter turnout for the parliamentary polls was 78.80 percent.

The number of male voters was 95,744 while the number of female voters was 93,898.

Speaking at a press conference held last night to announce the official results, EC member Ali Mohamed Manik noted that 52 out of 75 complaints lodged at the national complaints bureau had been addressed.

None of the remaining complaints could affect the outcome, he said.

Under electoral laws, candidates could file cases at the High Court within 14 days if they are unhappy with decisions by the complaints bureau.

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Comment: The green-eyed judiciary and the green constitution

“If civilizations is to survive, one is driven to radical views. I do not mean driven to violence. Violence always compromises or ruins the cause it means to serve: it produces as much wrong as it tries to remedy. The state, for example, is always with us. Overthrow it and it will comeback in another form, quite possible worse. It is a necessary evil– a monster that continually has to be tamed, so that it serves us rather than devours us. We can’t do without it, neither can we trust it” (Quoted from Fiji times 17th January 2007, in Firth, Fraenkel and Lal, 2009).

Formation of judiciary

The Maldives judiciary has a long history of being under the control of the powerful and rich. In the olden days kings decided verdicts while later it came under the influence of dictatorial regime. Democracy however brought a new frontier of judiciary with a presupposition of being independent, transparent and impartial. This, however, is far from reality today and it seems judiciary is the biggest impediment for a true democracy in the small nation.

The judiciary has its evil in the way it was formed in 2008 to ratify the Article 285 of the green constitution. The Judicial Service Commission at that time also was hijacked by the bench of interim Supreme Court. Furthermore they undermined the constitution by self reorganising to re-establish as the permanent bench. Some from the bar and the Maldivian Democratic Party (MDP) immediately recognised the evil deeds of the then chief justice and immediately went on strike and locked the Supreme Court.

Even then, the current government – in opposition at the time – were sympathising with the bench and was in favour of its actions. The ramifications of this led to the formation of a bench in a haste in an extraordinary session of the Majlis. The bench formed was mainly of judges with strong sharia background with not much academic exposure to common laws practiced used in most civilised democratic countries. In addition, judge’s appointments had questionable integrity related issues. This was confirmed and well proven by the then JSC member Aishath Velazinee, and was circulated in the media.

The Litmus test

Major litmus test of judiciary came with the overthrowing of the democratically elected government in 2012. The bench in particular was faced with a major test of integrity and of serving justice. However the complacency shown by whole bench in the events before, during and after the toppling of the government was dubious.  Many suspicious people were convinced of their romance with the old dictatorial regime elements. The grassroots ran havoc on streets with no sense or awareness of rule of law.

Grassroots were blamed for attacks on law enforcement infrastructure, while their agony and pain was overlooked. Grassroots were blamed for not controlling their temper while temperament of elements of uniformed bodies that attacked civilians was justified. Also the grassroots with no sense of rule of law were led to a dilemma by not being provided guidance and legality in the toppling of the government. Instead the chief justice’s immediate action was to swear in the incumbent vice president who was alleged to be a major player of the “coup”.

This response immediately legitimised the actions of uniformed bodies before, during, and after the coup event. It also gave coup perpetrators and sympathisers powers leading to further repercussions. Till this day, the elements of uniformed bodies guilty of several crimes committed on day of coup and the following day remain immune to justice. For the grassroots and the watchful minds a clear fraternity between the judiciary and coup perpetrators was obvious.

Winners and losers

In essence the ‘coup’ of 2012 became a winner for the judiciary which was faced with heavy criticism, during the autumn of the democracy. Some even believe the fall of democracy has been a making of the judiciary. Soon after the coup the judiciary started enjoying a honeymoon, with overwhelming immunity and impunity. Their romance with dictatorial elements alleged to have perpetrated the coup, lead to erosion of rule of law and justice.

Justice in the country became a joke even to the layman. Any coup collaborators or sympathisers were proven innocent before going into courts – albeit of their corruption allegations. Anyone who was against the coup became guilty before appearing in court.  Day by day the grassroots became aware of the romancing of the judiciary with a particular political group. The public lost their trust in the whole judiciary. This was compounded by the dictatorial nature of judicial watch dog which from day one acted as the white cloak hiding the bench of its dirt.

In 2013, the election became a war of ‘coup’ perpetrators and their allies and the rest of the public. In a first round the public showed a relentless and overwhelming majority for the MDP. Fear began looming within the bench and their allies, enjoying the sweet honeymoon. The MDP became more vocal on reforming judiciary and garnered more support.  The looming fear within the judiciary and bench became obvious when they intervened to an internationally acclaimed transparent electoral process using baseless allegations.

Their allies in law enforcement and government by then cooked up a blatant litany of a report regarding elections. This became the catalyst for the bench to annul the elections, jeopardising one of the best electoral processes in the history of the nation. The grassroots later found the fallacies of this report which was heavily criticised by the Elections Commission. The election was won by the judiciary and the bench, as it turned in their favour.

The MDP garnered further support and strength from grass roots and kept their spirits alive by being consistent with their pledge to reform judiciary. Fear lurking within the bench again awakened.  Fear of the MDP winning the Maldives Majlis and the bench getting dissolved was not far from reality. The bench’s fears led to the utilisation of new tactics which involved becoming the jury, the judge, and the plaintiff in a case which even the layman and grassroots understood as injustice.

Finally the verdict to dismiss the president of the Elections Commission was given by the bench. The verdict was a clear abrogation of the green constitution. The bench once again laid down a path to remain.

The enigma

The constitution turning the judiciary evil and opening the Pandora’s Box is a misconception. The irony lies in the establishment of the bench, in abrogation of the green constitution. The root cause of evil is undermining the constitution by Majlis during the formation of the bench as reiterated by Velazinee. Additionally the international community turns a blind eye to the whole saga of appalling events.

The reactions and actions of the bench and JSC have further convinced the grassroots of their deception. One’s actions become a blessing for others in disguise. The response of the bench may garner further support for the MDP. Their slogan to reform judiciary may perhaps make them the winners, sooner or later. However, the players who made the judiciary green eyed and then white-washed it, are yet to be discovered.

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