Comment & Analysis: Democracy by undemocratic means

At the DRP press conference last night, a Minivan News journalist asked whether the DRP believed the former government was completely free of corruption. Ibrahim “Mavota” Shareef did not deny the existence of corruption but instead, swiftly shifted the focus onto the presidential commission.

“I’m not saying that,” said Shareef in answer to the question. “If there is any corruption whatsoever, this government can investigate through proper channels and through legal means.”

But shifting the focus was not a shrewd piece of political manoeuvring by Shareef. In fact, no manoeuvring was required because the government has handed the opposition all the ammunition it could possibly need on a silver platter.

The creation of a presidential commission with controversial powers has unsurprisingly made more than a few people question the government’s intentions.

Instead of its six members appearing as the caped conquerors of corruption as perhaps they imagined, the government has succeeded in giving opposition members the opportunity to play the victim in a radical role reversal. A journalist last night even light-heartedly suggested DRP and PA consider contacting the Maldivian Detainee Network as MDP activists had done under the previous government.

By creating the commission without any apparent legal consultation, on what appears to be a presidential whim, the government has further opened the door for the opposition to appropriate the language of democracy and invoke democratic ideals to elicit sympathy for their “plight”.

A DRP statement distributed at the press conference wrote that a reversal of the democratisation process was taking place as President Nasheed resorted to “unconstitutional and heavy-handed tactics to cling on to power and crush the popular opposition”. Worryingly, their words carry an inkling of truth.

The government has averted the spotlight from the previous regime’s misdeeds and onto its own. It has succeeded in obfuscating its indisputably lofty objective – reparations for embezzlement of state funds – by choosing a not so lofty manner in which to attain its goal.

But, the presidential commission is symptomatic of a far greater MDP malady – a utilitarian attitude towards members of the opposition, which allows party members to rationalise wrongdoing for the greater good: to recompense both for past injustices and to pave way for a democratic future.

Unfairly transferring an island chief before the parliamentary elections as a campaign strategy is justified in the MDP mind, if the island chief is notoriously corrupt.

But undemocratic means cannot serve democratic ends, just as antagonism will not lead to peace. Perhaps it is time to ask why the government does not have faith in the existing independent institutions, such as the police and the Anti-Corruption Commission, and how these institutions can be strengthened.

If the government wishes to settle past injustices unilaterally, a strategy in line with more conventional methods of transitional justice should to be devised so that democracy is not derailed before it is even allowed to take root.

All comment and opinion pieces are the sole view of the author and do not reflect the editorial news policy. If you would like to write an opinion piece, please send proposals to [email protected]

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Political parties scramble for independents

As the opposition takes the lead in the Maldives’ first-ever multi-party parliamentary election, the fight for the independent candidates has become more crucial than ever in determining where the balance of power will lie.

Persuading as many independent candidates to join its party may be the ruling Maldivian Democratic Party’s only hope of fending off its greatest fear: an opposition majority that will thwart the government’s every move.

Speaking to Minivan News today, independent candidate Mohamed Nasheed, who is winning in Kulhudufushi constituency, said money might be one of the factors in swaying candidates to join parties.

“There will definitely be a lot of lobbying and persuasion and understandably so,” he said. “I think the fight has already begun…there’s a lot of persuasion going on to take the platform of a party or at least work with them.”

Although the final results are yet to be announced, provisional results from the Elections Commission show opposition parties, the Dhivehi Rayyithunge Party (DRP) and the People’s Alliance (PA), have a total of 36 seats while the ruling Maldivian Democratic Party (MDP) has 25 seats.

So far, independent candidates are winning in 13 constituencies.

Battle

Addressing press on Sunday, DRP Vice President Ahmed Thasmeen Ali said the results revealed the combined victories of DRP and PA as well as the party’s endorsed independent candidates would amount to a majority.

Fisheries Minister Dr Ibrahim Didi said on Sunday the MDP was in discussions with “three or four” independent candidates.

“They will play a very important role,” he said. “Even now PA and DRP have an alliance so if we don’t get enough independent candidates we might not get a majority and it will be difficult to get bills through.”

Didi added he did not believe any of the candidates were truly independent and would have affiliations with one of the two main parties.

“Most likely they will join MDP because most of them have made promises to their constituents and they will need government support to fulfil them,” he said.

Similar views have been echoed by other party members including Mohamed Zuhair, press secretary at the president’s office, who said: “One or two hardcore independents may remain, but the rest will definitely get absorbed.”

DRP Secretary General Dr Abdulla Mausoom said the elections results showed the public preferred candidates who were aligned to a political party.

Mausoon said before the election many were sceptical about whether candidates would remain independent but he declined to comment on whether his party was in the process of negotiating with independent candidates.

Independent

In disagreement was PA leader Abdulla Yamin who said he believed candidates would retain their independence. “That is what they convinced the public and that is how they campaigned. For me to find out that they have joined a party, I would be very disappointed.”

Yamin said he would accept either MPs or members of the public who wanted to join his party, but added, “I think the MDP needs them more.”

Although technically still a member of the DRP, Nasheed said he would not be joining a political party and his ties with the party had been “severed” over the past few months.

“I’m definitely going to remain independent, but I will come to the assistance of the MDP for political reasons only if the opposition was to reject genuine bills or try to pass a vote of no confidence,” he said.

Members of the MDP have expressed concern that an opposition parliamentary majority will submit a no-confidence motion against the president.

Under the constitution, a vote of no-confidence can be taken if the president violates a tenet of Islam; behaves in a manner unsuited to the office of the president; or is unable to perform his duties.

“I don’t want this government to fall and I don’t want an opposition parliament to take advantage because of an MDP minority. I will only take the national interest at heart,” said Nasheed.

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Titans of politics go head to head

Tensions are fraught in the capital Male’ as voters head to the polling booths to cast their ballots today in the country’s first ever multi-party parliamentary election.

Campaigning ended yesterday at 6pm, but before the deadline, cavalcades of pick-up trucks and motorbikes used the remaining hours to whiz around the congested concrete capital, garlanded in party colours and blaring out Hindi music for their candidate of choice.

Rallies over the past month have become progressively more heated, as the two titans of Maldivian politics, the ruling Maldivian Democratic Party (MDP) and the main opposition Dhivehi Rayyithunge Party (DRP), go head to head, each vying to win a majority in an election that will determine the legislative landscape of the next five years.

The outcome will create the country’s first democratically-elected and proportionally representative parliament, responsible for plugging the numerous gaps in the country’s legislation, and serving as a check and balance on the government.

Parliamentary majority

President Mohamed Nasheed’s fighting talk was more spirited than ever in his final campaign speech on Thursday night when he spoke with confidence of his party’s ability to win a landslide majority.

“When the results are announced, it will become clear we have won 50 seats,” he said. “We will have to use the power of those 50 seats humbly. We must make use of these seats for the benefit of the people.”

Nasheed said he voted for the first time last year when he ran for presidency; in previous years, he had been arrested ahead of any elections.

“As it turns out,” quipped the 41-year-old, “the only time I was allowed to vote, I won.”

Members of the MDP, which heads the coalition government, fear an opposition majority consisting of DRP and their allies, the People’s Alliance, could result in their political ambitions being blocked at every turn.

Moreover, whispers of an opposition majority passing a vote of no-confidence against the president have been rife.

Showdown

The election is the second showdown between the heads of both parties in less than a year. In October 2008, the country held its first-ever democratic presidential election, which saw Nasheed, backed by a coalition, snatch victory from the 30-year ruler, Maumoon Abdul Gayoom.

Although Gayoom was defeated in the second round of the election, he won the first round with 40.3 per cent of the vote against Nasheed’s 24.9 per cent. The former president continues to have a strong support base.

Speaking to Minivan News today, Mohamed Nasheed, parliamentary candidate and former information minister, said the elections were more of a battle between two personalities rather than “two competing ideologies”.

Although still a member of DRP, Nasheed echoed the belief held by many that neither party should win a majority in parliament.

“There’s a genuine palpable reason if you give the majority to MDP that you will be giving them too much power and compromise the scope of parliamentary independence,” he said.

“In the same way, there is a palpable risk that if DRP wins a majority they may make government difficult and even at some point try and bring it down.”

Corruption allegations

Looming over the historic elections are widespread allegations of bribery and the abuse of power by political appointees. Reports of foul play from NGOs and the country’s various independent institutions have mounted over the past month.

The Elections Commission (EC) has received close to 800 complaints, out of which, 65 were related to allegations of bribery and intimidation.

The Human Rights Commission Maldives and Attorney General Fathimath Dhiyana Saeed have echoed similar concerns.

In Male’ today, most of the voters who spoke to Minivan News said they too had heard rumours of bribery.

49-year-old Adheel Jaleel, who was up early to vote for his party, said that while he had heard rumours, nobody had “been caught red-handed.”

At Arabiyya School, where voting was in full swing by midday, Elections Monitor Mohamed Ibrahim said relatives of one of the candidates had turned up to the polling station to strong-arm voters in the queue.

“I told them you cannot force people. Give them the freedom to vote for who they want,” he said.

NGO Transparency Maldives is the latest organisation to voice concern.

A statement issued yesterday highlighted three main problem areas: allegations of bribery (vote buying and vote selling), allegations of abuse of power (threats, intimidation, hindering campaigns), and compromising voter secrecy.

The EC has estimated at least 3,000 people voting locally and abroad could have their right to a secret vote compromised in situations where a single voter uses a ballot box outside his or her constituency.

Voter turnout

Although a low voter turnout was expected by many today, in Male’ certainly, most of those strolling around bore purple-stained index fingers.

Of those interviewed by Minivan News, only one, Abdullah Moosa, a vendor at Male’s vegetable market, said he would not be voting today.

“The candidates are contesting for their Rf66,000,” said the 70-year-old, shrugging his shoulders dismissively. “The elections won’t be independent as the candidates will be deceiving the public.”

Moosa, who voted for Gayoom in the presidential elections, described the experience as “the worst” of his life.

“Parliamentarians in the Maldives are backbiting. They don’t use their time to make the laws,” he said.

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Former government “used Islam as a tool”

Minivan News brings you the final instalment in a three-part interview with Foreign Minister Dr Ahmed Shaheed. A founding member of the Dhivehi Rayyithunge Party (DRP) and later, the New Maldives, a faction within the party which aimed to make the Maldives a liberal democracy, Shaheed has served under two successive administrations. In the 2008 presidential elections, he was independent candidate Dr Hassan Saeed’s running mate. In January, the pair formed the Dhivehi Qaumee Party (DQP), which is part of the Maldivian Democratic Party (MDP) led coalition government.
Why don’t you tell me a little bit about this award that you have recently won?
I’m very happy to be named Muslim Democrat of the year. They’ve been looking at the work that I do. I’ve been very much in the limelight since the tsunami. I was the government spokesperson, trying to defend a reform agenda but I was putting it together as well. I am recognised as very strong on human rights and advocacy.
We had a government here which was very adamant on cultural human rights. I changed that round to put it into the international perspective, but in the end I also left them because you can take a horse to water but you can’t make it drink.
The work I did in the previous government trying to move towards democracy and the work I did after being in the government, to pressure them and to build a coalition and currently in trying to sustain the government.
I sent a paper to the conference. The paper looked at what we were doing in the Maldives to bring democracy, but in particular how the former government had used Islam as a tool for control and how we thought we could dismantle that and make Islam a positive force for democracy in the Maldives.
How did the previous government use Islam as a tool?
The point is before the last regime came to power, we had a very relaxed regime towards Islam with almost Sufi traditions being practised here. But I think they almost Salafised it. Gayoom is perhaps a moderate in many ways but his language is that of a Salafist. Islamic brotherhood in Egypt is very Salafist in many ways.
So they used Islam for everything in the country, they used something Islamic as the benchmark to look at. So Islam came into every aspect in modern politics, it came into every ritual, in every political event and anyone who opposed the regime faced the danger of being labelled un-Islamic.
What was the impact on this?
The negative effects of this are it obfuscates rational thinking. Islam strikes a very emotive chord in people here and it doesn’t necessarily bring out the most rational thinking. It also presents in some ways an official version of Islam sanctioned by the government. What I mean to say is that Islam is in any case very diverse.
So you have a problem with an official version of Islam sanctioned by the government?
Imposed.
In an ideal world how should it be?
Well Islam has a lot to do with the individual and God. We don’t have to have an intercessory in between the two. But when you have secular authorities pronouncing on these issues, they mix the two. And one very unfortunate development is that when they drafted the last constitution in 1977, the Islamists argued that in a Muslim country you can’t have a separation of powers between the judiciary and the executive.
So the president assumed powers as the head of judiciary as something Islamic, which is not the case. Then again when it came to denying representation, they used Islam as the justification. They misused Islam for political gain, the primary one being the role of the president as head of the judiciary.
For now I’m very happy to be in a 100 per cent Muslim country having achieved homegrown democracy. It’s not something that was imposed on us. The movement for democracy grew in the country…we’re still trying to complete the revolution here.
(…)
We don’t think Islam and democracy are incompatible. We are also showing that an Islamic country can be pro-West. In fact, an argument you don’t hear from us but they quote throughout the Islamic world is that the West is to blame for a lot of things. Now you don’t hear that argument from us. We don’t blame the West for anything.
But we think there are things the Islamic world ought to be doing and can do to build bridges with Western countries. The point is we as Muslim countries must recognise certain things, like international law for example and the fact that we’re living in a globalised society and that there is the United Nations.
These basic things we recognise, the Islamists don’t do that. We are a country that recognises the universality of human rights. We recognise that Islam can co-exist with other values.

Minivan News brings you the final instalment in a three-part interview with Foreign Minister Dr Ahmed Shaheed. A founding member of the Dhivehi Rayyithunge Party (DRP) and later, the New Maldives, a faction within the party which aimed to make the Maldives a liberal democracy, Shaheed has served under two successive administrations. In the 2008 presidential elections, he was independent candidate Dr Hassan Saeed’s running mate. In January, the pair formed the Dhivehi Qaumee Party (DQP), which is part of the Maldivian Democratic Party (MDP) led coalition government.

Why don’t you tell me a little bit about this award that you have recently won?

I’m very happy to be named Muslim Democrat of the year. They’ve been looking at the work that I do. I’ve been very much in the limelight since the tsunami. I was the government spokesperson, trying to defend a reform agenda but I was putting it together as well. I am recognised as very strong on human rights and advocacy.

We had a government here which was very adamant on cultural human rights. I changed that round to put it into the international perspective, but in the end I also left them because you can take a horse to water but you can’t make it drink.

The work I did in the previous government trying to move towards democracy and the work I did after being in the government, to pressure them and to build a coalition and currently in trying to sustain the government.

I sent a paper to the conference. The paper looked at what we were doing in the Maldives to bring democracy, but in particular how the former government had used Islam as a tool for control and how we thought we could dismantle that and make Islam a positive force for democracy in the Maldives.

How did the previous government use Islam as a tool?

The point is before the last regime came to power, we had a very relaxed regime towards Islam with almost Sufi traditions being practised here. But I think they almost Salafised it. Gayoom is perhaps a moderate in many ways but his language is that of a Salafist. Islamic brotherhood in Egypt is very Salafist in many ways.

So they used Islam for everything in the country, they used something Islamic as the benchmark to look at. So Islam came into every aspect in modern politics, it came into every ritual, in every political event and anyone who opposed the regime faced the danger of being labelled un-Islamic.

What was the impact on this?

The negative effects of this are it obfuscates rational thinking. Islam strikes a very emotive chord in people here and it doesn’t necessarily bring out the most rational thinking. It also presents in some ways an official version of Islam sanctioned by the government. What I mean to say is that Islam is in any case very diverse.

So you have a problem with an official version of Islam sanctioned by the government?

Imposed.

In an ideal world how should it be?

Well Islam has a lot to do with the individual and God. We don’t have to have an intercessory in between the two. But when you have secular authorities pronouncing on these issues, they mix the two. And one very unfortunate development is that when they drafted the last constitution in 1977, the Islamists argued that in a Muslim country you can’t have a separation of powers between the judiciary and the executive.

So the president assumed powers as the head of judiciary as something Islamic, which is not the case. Then again when it came to denying representation, they used Islam as the justification. They misused Islam for political gain, the primary one being the role of the president as head of the judiciary.

For now I’m very happy to be in a 100 per cent Muslim country having achieved homegrown democracy. It’s not something that was imposed on us. The movement for democracy grew in the country…we’re still trying to complete the revolution here.

(…)

We don’t think Islam and democracy are incompatible. We are also showing that an Islamic country can be pro-West. In fact, an argument you don’t hear from us but they quote throughout the Islamic world is that the West is to blame for a lot of things. Now you don’t hear that argument from us. We don’t blame the West for anything.

But we think there are things the Islamic world ought to be doing and can do to build bridges with Western countries. The point is we as Muslim countries must recognise certain things, like international law for example and the fact that we’re living in a globalised society and that there is the United Nations.

These basic things we recognise, the Islamists don’t do that. We are a country that recognises the universality of human rights. We recognise that Islam can co-exist with other values.

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DRP victory equals return to dictatorship, warns Shaheed

Minivan News brings you the first in a three-part interview with Foreign Minister Dr Ahmed Shaheed. A founding member of the Dhivehi Rayyithunge Party (DRP) and later, the New Maldives, a faction within the party which aimed to make the Maldives a liberal democracy, Shaheed has served under two successive administrations. In the 2008 presidential elections, he was independent candidate Dr Hassan Saeed’s running mate. In January, the pair formed the Dhivehi Qaumee Party (DQP), which is part of the Maldivian Democratic Party (MDP) led coalition government.
Can you tell me a bit about your party, the DQP?
Our main goal was to usher in democracy to the Maldives and that still remains our main goal; to support the government, to support President Nasheed in ensuring that his government succeeds and to build and sustain democracy here.
But we were formed after the election period and we were born almost on the threshold of the next election so we don’t get caught in the cross-fire between the DRP and the MDP. We are a bit concerned about the resurgence of the DRP.
What kind of resurgence?
Four months back, we thought that there would be a parliamentary majority for the MDP in the elections but now it looks like that might not be the case and DRP is poised to take a fairly big chunk.
Do you think they will get a majority?
I hope not.
What would be the danger if they did?
Well DRP’s undemocratic. DRP doesn’t believe in democracy.
But you worked in the former government?
I was a founder member of DRP. I wrote the initial manifesto, which was torn up by some of my political rivals. So yes we were trying to build within DRP a pro-democratic coalition or force, the New Maldives, but the New Maldives had to leave the DRP and rump DRP doesn’t believe in democracy.
They must be held to account for their legacy of 30 years of misrule, they must be held to account for failing to democratise in time.
But you were in the government so doesn’t that include you?
Yes accountability doesn’t exclude anybody. I mean it. But I’m not saying everyone should be dragged to the courts and into prison. I’m talking about the rule of law here. We have to know what happened. The danger here is democracy is still a very new idea in this country.
For 30 years we have been brainwashed into Salafist thinking. And people don’t necessarily understand what various democratic doctrines mean. The separation of powers and rule of law are things not necessarily understood, even appreciated. I’m still not convinced by and large people will prefer democracy over autocracy if economic failure becomes part of democracy.
People still want a better life, but not necessarily a better way of getting to a better life. You choose democracy regardless of the government it produces but I don’t think we’ve got there yet. We’ve chosen democracy as a means to better governance. Not necessarily as an end in itself. So in that situation, the danger is, if an old guard comes back, they come back with the message that democracy has failed.
The J-Curve by Ian Bremmer speaks of countries which are autocratic and undemocratic and when they democratise, they go through a J-Curve and you go through a little dip. That dip is when things are unstable and things are a bit chaotic but then you eventually improve to become more stable.
So we are in an unstable period. The danger is in some countries, they move back towards the left and go straight back to autocracy. So if DRP comes back in we’ll go back towards the left of the curve. And we can forget about democracy for the next 30 years because they will tell us that democracy produced a government that didn’t work.
So my concern is regardless of who wins seats in parliament we must ensure that the people who get there respect democracy, respect the constitution, respect the rule of law, respect the people. We’ve heard signals, echoes, voices from the DRP rubbishing democracy.
They don’t dare make a big noise about it, but occasionally you hear these voices. When I was working with them, human rights were an expediency for them. It wasn’t an end in itself. It was a means to win accolades.
And left to their own devices, given a majority, they will want to retrench some of the democratic agenda, some of the human rights agenda as well. It’s like putting the Bolsheviks back into the Kremlin. No matter how bad it was post-Gorbachev, you wouldn’t put the Bolsheviks back in.
What are your thoughts on the current president?
First of all, I wish the president hadn’t said that [nulafaa – ruthless]. It wasn’t the most responsible thing to have said. But be that as it may, one reason everybody is so upset about that remark is not so much to do with Anni [President Mohamed Nasheed], it’s to do with the past president.
For 30 years we had government impunity, for 30 years, we had MPs locked up and opposition MPs have seen how nasty the government gets to the opponents so the problem for many of us is that President Nasheed’s comments echo those bad experiences. So the reason why it hit such a raw nerve is that for 30 years people have been locked up and had a very very torrid and tough time.
So that statement is insensitive to those experiences. I don’t think anybody today believes that with the separation of powers, with a hawkish press, that any president can act with impunity. Well the comments did seem rather Machiavellian to me but I find Nasheed’s bark is worse than his bite.
The first term of Gayoom when he wanted to be re-elected as president, he had to lock up several MPs and judges. And that’s how he won his re-election. And throughout his tenure, regularly MPs were locked up for dissent.
(…)
The thing about these comments the president made, his office could have responded better on this one. His office could have come up with a much clearer explanation of what he was saying and what he meant by that. I mean there’s a world of difference between a tyrant saying you’ll see how bad I can get to a democrat saying you’ll see how tough I could get.
It was the president talking tough trying to get people to vote for his party. I’m not defending him, I’m saying his office could have done a better job defending his remarks because he was speaking very candidly but not necessarily in a menacing manner. The audience reaction was a laugh. So it was a joke gone bad.
How much of what Gayoom was doing was known to the public at the time? Were people ignorant about what was going on or were they just too scared to speak out?
I think they were too scared to speak out. People didn’t have the means of expressing dissent.
Did people on the islands outside of Male’ know? How much information reached them?
With Gayoom, there was good and there was bad. There was Islamic and there was un-Islamic. And he painted things in a very black and white manner, so if you were in prison, you were a drug addict, an alcoholic and all that. It was never political. They were criminals, not political opponents.
In that sense, the picture people were told was that they had committed crimes. There was no alternative view and information wasn’t there. It still isn’t there. We’re still in a very fragile situation. I’m not happy with where we are. We’re in danger of sliding back either into a Gayoom-style autocracy by Gayoom himself or perhaps by some other person. We’re not out of the woods yet. That will happen when parliament is more accountable.

Minivan News brings you the first in a three-part interview with Foreign Minister Dr Ahmed Shaheed. A founding member of the Dhivehi Rayyithunge Party (DRP) and later, the New Maldives, a faction within the party which aimed to make the Maldives a liberal democracy, Shaheed has served under two successive administrations. In the 2008 presidential elections, he was independent candidate Dr Hassan Saeed’s running mate. In January, the pair formed the Dhivehi Qaumee Party (DQP), which is part of the Maldivian Democratic Party (MDP) led coalition government.

Can you tell me a bit about your party, the DQP?

Our main goal was to usher in democracy to the Maldives and that still remains our main goal; to support the government, to support President Nasheed in ensuring that his government succeeds and to build and sustain democracy here.

But we were formed after the election period and we were born almost on the threshold of the next election so we don’t get caught in the cross-fire between the DRP and the MDP. We are a bit concerned about the resurgence of the DRP.

What kind of resurgence?

Four months back, we thought that there would be a parliamentary majority for the MDP in the elections but now it looks like that might not be the case and DRP is poised to take a fairly big chunk.

Do you think they will get a majority?

I hope not.

What would be the danger if they did?

Well DRP’s undemocratic. DRP doesn’t believe in democracy.

But you worked in the former government?

I was a founder member of DRP. I wrote the initial manifesto, which was torn up by some of my political rivals. So yes we were trying to build within DRP a pro-democratic coalition or force, the New Maldives, but the New Maldives had to leave the DRP and rump DRP doesn’t believe in democracy.

They must be held to account for their legacy of 30 years of misrule, they must be held to account for failing to democratise in time.

But you were in the government so doesn’t that include you?

Yes accountability doesn’t exclude anybody. I mean it. But I’m not saying everyone should be dragged to the courts and into prison. I’m talking about the rule of law here. We have to know what happened. The danger here is democracy is still a very new idea in this country.

For 30 years we have been brainwashed into Salafist thinking. And people don’t necessarily understand what various democratic doctrines mean. The separation of powers and rule of law are things not necessarily understood, even appreciated. I’m still not convinced by and large people will prefer democracy over autocracy if economic failure becomes part of democracy.

People still want a better life, but not necessarily a better way of getting to a better life. You choose democracy regardless of the government it produces but I don’t think we’ve got there yet. We’ve chosen democracy as a means to better governance. Not necessarily as an end in itself. So in that situation, the danger is, if an old guard comes back, they come back with the message that democracy has failed.

The J-Curve by Ian Bremmer speaks of countries which are autocratic and undemocratic and when they democratise, they go through a J-Curve and you go through a little dip. That dip is when things are unstable and things are a bit chaotic but then you eventually improve to become more stable.

So we are in an unstable period. The danger is in some countries, they move back towards the left and go straight back to autocracy. So if DRP comes back in we’ll go back towards the left of the curve. And we can forget about democracy for the next 30 years because they will tell us that democracy produced a government that didn’t work.

So my concern is regardless of who wins seats in parliament we must ensure that the people who get there respect democracy, respect the constitution, respect the rule of law, respect the people. We’ve heard signals, echoes, voices from the DRP rubbishing democracy.

They don’t dare make a big noise about it, but occasionally you hear these voices. When I was working with them, human rights were an expediency for them. It wasn’t an end in itself. It was a means to win accolades.

And left to their own devices, given a majority, they will want to retrench some of the democratic agenda, some of the human rights agenda as well. It’s like putting the Bolsheviks back into the Kremlin. No matter how bad it was post-Gorbachev, you wouldn’t put the Bolsheviks back in.

What are your thoughts on the current president?

First of all, I wish the president hadn’t said that [nulafaa – ruthless]. It wasn’t the most responsible thing to have said. But be that as it may, one reason everybody is so upset about that remark is not so much to do with Anni [President Mohamed Nasheed], it’s to do with the past president.

For 30 years we had government impunity, for 30 years, we had MPs locked up and opposition MPs have seen how nasty the government gets to the opponents so the problem for many of us is that President Nasheed’s comments echo those bad experiences. So the reason why it hit such a raw nerve is that for 30 years people have been locked up and had a very very torrid and tough time.

So that statement is insensitive to those experiences. I don’t think anybody today believes that with the separation of powers, with a hawkish press, that any president can act with impunity. Well the comments did seem rather Machiavellian to me but I find Nasheed’s bark is worse than his bite.

The first term of Gayoom when he wanted to be re-elected as president, he had to lock up several MPs and judges. And that’s how he won his re-election. And throughout his tenure, regularly MPs were locked up for dissent.

(…)

The thing about these comments the president made, his office could have responded better on this one. His office could have come up with a much clearer explanation of what he was saying and what he meant by that. I mean there’s a world of difference between a tyrant saying you’ll see how bad I can get to a democrat saying you’ll see how tough I could get.

It was the president talking tough trying to get people to vote for his party. I’m not defending him, I’m saying his office could have done a better job defending his remarks because he was speaking very candidly but not necessarily in a menacing manner. The audience reaction was a laugh. So it was a joke gone bad.

How much of what Gayoom was doing was known to the public at the time? Were people ignorant about what was going on or were they just too scared to speak out?

I think they were too scared to speak out. People didn’t have the means of expressing dissent.

Did people on the islands outside of Male’ know? How much information reached them?

With Gayoom, there was good and there was bad. There was Islamic and there was un-Islamic. And he painted things in a very black and white manner, so if you were in prison, you were a drug addict, an alcoholic and all that. It was never political. They were criminals, not political opponents.

In that sense, the picture people were told was that they had committed crimes. There was no alternative view and information wasn’t there. It still isn’t there. We’re still in a very fragile situation. I’m not happy with where we are. We’re in danger of sliding back either into a Gayoom-style autocracy by Gayoom himself or perhaps by some other person. We’re not out of the woods yet. That will happen when parliament is more accountable.

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Gayoom should “step down from active politics”

As the first female MP and a stalwart of the Dhivehi Rayyithunge Party (DRP), Aneesa Ahmed is a household name. Minivan News brings you the second in a two-part interview with the DRP parliamentary leader on the future of the party, whether she thinks Gayoom should step down as party leader and the auditor general’s report on Theemuge.
What do you think the failures of the current government are?
Very little consultation. This again as an outsider because I don’t know what goes on in the government. This is my perception. And president Nasheed says or does things as and when he fancies doing it.
He talks about cutting down on expenses at the same time I don’t see that happening especially considering the number of political appointees that he’s brought into this government during this period of five months.
He also said that if he was elected he would bring in people who were efficient, who are educated, into his government and try to administer properly. But I don’t see him doing that. I see a number of political activists who have had no experience, not only experience but also the education required.
What have the government’s successes been?
Pension for the elderly. Although it’s not administered in the best manner, he’s started doing it. There are a lot of grievances among those who are not actually benefiting.
I have personally met with people who have complained, saying because he or she belongs to DRP or because he or she was seen at DRP rallies, they are deprived of the social benefit. Just because they belong to DRP or are supporters of the former president. It’s wrong, that should never happen.
What President Nasheed is failing to realise is that he is the president now. He is not the MDP chairman anymore. Once he assumes the office of the president, he is the president of all Maldivians, so to him MDP member, DRP member, Social Liberal Party member should have no difference. As far as he’s concerned, all Maldivians should be equal to him but that again he’s failing to do.
And another thing I don’t like is that he is the president and he’s not holding the dignity of the president in MDP rallies. He becomes the activist he was. That again is wrong. People of the Maldives wouldn’t want to see their president coming to that level. He’s the president and he should hold that office with the dignity he’s expected of.
Not only the language but the way he speaks, his whole gestures. The worst happened in MDP campaign launch when he said all DRP candidates are corrupt. He should never have thought of that. Never have openly said that because he is the president. He’s the president of DRP members as well.
What does DRP stand for? What does it want to bring to people?
DRP would like to make sure that the government is accountable to the people. There’s a lot of people saying we want to bring down President Nasheed’s government. No, we don’t want that.
President Nasheed was elected by the people for a minimum period of five years. And we would like him to remain as president but we want his government to function properly.
And these promises that he’s making, I’m not saying that they are empty promises but they are promises that I am sure he knows he won’t be able to fulfil in such a short period of time.
Because first of all the whole world is in economic recession and we are a country that has very little natural resources. We have to depend a lot on external funding and it’s not forthcoming now so why would you want to go and promise to people things that you know you can’t do for a period of time?
And that he should stop doing and that’s what DRP should make sure his government stops doing.
What do you think DRP stands for now that it is in opposition and how do you think it is functioning as an opposition party?
Well DRP hasn’t been very strong as an opposition party. I think there are a number of reasons for it. Because we were defeated in the presidential elections and all members, DRP members just couldn’t take it. We’re more or less in apathy right now.
Also because we all know that this is an interim parliament so Majlis is not that active. And because of the eight presidential nominees in Majlis, things have been made pretty difficult because we lost the majority in parliament and the government members are very brazenly working to exercise the power of their majority in parliament.
All that combined, the DRP MPs don’t have the will or the motivation to fight. It’s a matter of time. So when the elections are complete we are hoping that we would have a greater majority.
I’m not saying an absolute majority, but we are hoping for a greater majority of the opposition parties in parliament after the elections and then I think the opposition will function as a proper opposition and hold the government accountable.
It seems as if the opposition feel as if it is their role to remain partisan at all times and take the opposite stance to the government no matter what the issue. What do you think?
That’s not how an opposition functions and we don’t believe in that either. Those of us in the parliament don’t feel as if we’re saying no or opposing whatever the government proposes. We weigh the pros and cons of it.
Do you think Gayoom should step down as party leader?
President Gayoom is the founder of DRP. And a large number of DRP grassroots members are members because Gayoom is there. They call it Maumoon’s party even. So to them if Maumoon is not there, DRP is no more.
So they will have no allegiance to DRP. So at least until elections are over, until things are a little bit stable, I think he should remain in DRP. But my personal view is that once this is over and things have stabilised, he should step down from active politics.
Who would make a good replacement?
That I can’t say.
What do you think about the auditor general’s report on Theemuge?
What I personally feel is if he has found discrepancies, he should not have come out in public immediately and get the Anti-Corruption Commission or the Prosecutor General to look into the matter and do it properly because President Gayoom, until he is proved to be guilty of the things, should be given the dignity he deserves as the former president.
Because there’s a provision in the constitution [Article 128 of the constitution states a person who has served as president without committing any offence shall be entitled to the highest honour, dignity, protection and financial privileges]. Because of that provision he should be given protection until he’s proven guilty.
I’m not saying that the government should not look into these matters. They should look into everybody, all of us, those who were in the government earlier. If they have any suspicions of wrongdoing by any of us, definitely the government should look into it. But these are allegations which are unsubstantiated.
So just because he has a report, I cannot say that he has really looked into all the areas he has to, which I think the Anti-Corruption Commission should do and then only if they find the former president and his government guilty of wrongdoing, guilty of misappropriation of government funds, then of course the matter will have to be taken care of by the courts.
How would you feel if the allegations turned out to be true?
I would be very disappointed. I would be sad. But whoever holds public office must take that responsibility. If that responsibility is not taken then he or she should be treated by law because it’s public money. You can’t abuse or misuse the authority that is given to you by being a public person.

As the first female MP and a stalwart of the Dhivehi Rayyithunge Party (DRP), Aneesa Ahmed is a household name. Minivan News brings you the second in a two-part interview with the DRP parliamentary leader on the future of the party, whether she thinks Gayoom should step down as party leader and the auditor general’s report on Theemuge.

What do you think the failures of the current government are?

Very little consultation. This again as an outsider because I don’t know what goes on in the government. This is my perception. And president Nasheed says or does things as and when he fancies doing it.

He talks about cutting down on expenses at the same time I don’t see that happening especially considering the number of political appointees that he’s brought into this government during this period of five months.

He also said that if he was elected he would bring in people who were efficient, who are educated, into his government and try to administer properly. But I don’t see him doing that. I see a number of political activists who have had no experience, not only experience but also the education required.

What have the government’s successes been?

Pension for the elderly. Although it’s not administered in the best manner, he’s started doing it. There are a lot of grievances among those who are not actually benefiting.

I have personally met with people who have complained, saying because he or she belongs to DRP or because he or she was seen at DRP rallies, they are deprived of the social benefit. Just because they belong to DRP or are supporters of the former president. It’s wrong, that should never happen.

What President Nasheed is failing to realise is that he is the president now. He is not the MDP chairman anymore. Once he assumes the office of the president, he is the president of all Maldivians, so to him MDP member, DRP member, Social Liberal Party member should have no difference. As far as he’s concerned, all Maldivians should be equal to him but that again he’s failing to do.

And another thing I don’t like is that he is the president and he’s not holding the dignity of the president in MDP rallies. He becomes the activist he was. That again is wrong. People of the Maldives wouldn’t want to see their president coming to that level. He’s the president and he should hold that office with the dignity he’s expected of.

Not only the language but the way he speaks, his whole gestures. The worst happened in MDP campaign launch when he said all DRP candidates are corrupt. He should never have thought of that. Never have openly said that because he is the president. He’s the president of DRP members as well.

What does DRP stand for? What does it want to bring to people?

DRP would like to make sure that the government is accountable to the people. There’s a lot of people saying we want to bring down President Nasheed’s government. No, we don’t want that.

President Nasheed was elected by the people for a minimum period of five years. And we would like him to remain as president but we want his government to function properly.

And these promises that he’s making, I’m not saying that they are empty promises but they are promises that I am sure he knows he won’t be able to fulfil in such a short period of time.

Because first of all the whole world is in economic recession and we are a country that has very little natural resources. We have to depend a lot on external funding and it’s not forthcoming now so why would you want to go and promise to people things that you know you can’t do for a period of time?

And that he should stop doing and that’s what DRP should make sure his government stops doing.

What do you think DRP stands for now that it is in opposition and how do you think it is functioning as an opposition party?

Well DRP hasn’t been very strong as an opposition party. I think there are a number of reasons for it. Because we were defeated in the presidential elections and all members, DRP members just couldn’t take it. We’re more or less in apathy right now.

Also because we all know that this is an interim parliament so Majlis is not that active. And because of the eight presidential nominees in Majlis, things have been made pretty difficult because we lost the majority in parliament and the government members are very brazenly working to exercise the power of their majority in parliament.

All that combined, the DRP MPs don’t have the will or the motivation to fight. It’s a matter of time. So when the elections are complete we are hoping that we would have a greater majority.

I’m not saying an absolute majority, but we are hoping for a greater majority of the opposition parties in parliament after the elections and then I think the opposition will function as a proper opposition and hold the government accountable.

It seems as if the opposition feel as if it is their role to remain partisan at all times and take the opposite stance to the government no matter what the issue. What do you think?

That’s not how an opposition functions and we don’t believe in that either. Those of us in the parliament don’t feel as if we’re saying no or opposing whatever the government proposes. We weigh the pros and cons of it.

Do you think Gayoom should step down as party leader?

President Gayoom is the founder of DRP. And a large number of DRP grassroots members are members because Gayoom is there. They call it Maumoon’s party even. So to them if Maumoon is not there, DRP is no more.

So they will have no allegiance to DRP. So at least until elections are over, until things are a little bit stable, I think he should remain in DRP. But my personal view is that once this is over and things have stabilised, he should step down from active politics.

Who would make a good replacement?

That I can’t say.

What do you think about the auditor general’s report on Theemuge?

What I personally feel is if he has found discrepancies, he should not have come out in public immediately and get the Anti-Corruption Commission or the Prosecutor General to look into the matter and do it properly because President Gayoom, until he is proved to be guilty of the things, should be given the dignity he deserves as the former president.

Because there’s a provision in the constitution [Article 128 of the constitution states a person who has served as president without committing any offence shall be entitled to the highest honour, dignity, protection and financial privileges]. Because of that provision he should be given protection until he’s proven guilty.

I’m not saying that the government should not look into these matters. They should look into everybody, all of us, those who were in the government earlier. If they have any suspicions of wrongdoing by any of us, definitely the government should look into it. But these are allegations which are unsubstantiated.

So just because he has a report, I cannot say that he has really looked into all the areas he has to, which I think the Anti-Corruption Commission should do and then only if they find the former president and his government guilty of wrongdoing, guilty of misappropriation of government funds, then of course the matter will have to be taken care of by the courts.

How would you feel if the allegations turned out to be true?

I would be very disappointed. I would be sad. But whoever holds public office must take that responsibility. If that responsibility is not taken then he or she should be treated by law because it’s public money. You can’t abuse or misuse the authority that is given to you by being a public person.

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Aneesa Ahmed talks politics

As the first female MP and a stalwart of the Dhivehi Rayyithunge Party (DRP), Aneesa Ahmed is a household name. Minivan News brings you the first in a two-part interview with the DRP parliamentary leader on her decision to quit politics and the upcoming parliamentary elections.
You’re not running for parliament. Did that come as a surprise to people?
Many people questioned me so I guess they were not expecting me to retire but I had decided to do this in 2005, to retire actually after the presidential term was over but then since I’m in parliament and the term is expiring I thought I’d wait until our term was over.
I’ve been in politics for quite some time now and I think it’s time that I take time off and do something which is more relaxing and more personally satisfying.
What are you going to be doing with your free time?
Right now I have many thoughts. I’ll probably do some charity work. Maybe work as an activist to make Majlis more accountable because of my experience. Just a thought.
Personally I am thinking of doing something more relaxing, to be truly away from politics, but there’s a lot of pressure on me from friends and peers not to give it up all together.
To be somehow or the other involved in politics in a different way. Away from mainstream politics. I may be doing that but I haven’t given it serious consideration.
How do you think the preparation for the parliamentary elections has been going so far?
Well, I am only hoping that it’s going to be free and fair elections this time like the presidential elections. So far it has been. Except for the fact that I’m not too happy with the president and his cabinet colleagues actively involved in campaigning for the government candidates. That is not right and it’s not fair.
What do you think about the parliamentary candidates, especially those who lack experience?
It is to some extent a concern. I am not undermining these candidates or their capacity because all of us when we first come into parliament didn’t have the experience. But there’s a difference between the way activists should function and how MPs should function.
I’m only hoping the voters will make the distinction to check between those who can, who do have the capacity to perform as MPs, as responsible MPs and those who are only activists.
I’m not saying all activists are not suitable, I’m not saying that at all. It’s just that there are people who can adapt themselves as MPs and there are others who in my view cannot. But please keep it in mind that I’m not undermining any of the candidates.
In terms of voting, what do you think people vote for? Personality or issues?
Voters have not been educated properly. Until now the constituents say every individual MP should be working for the welfare of an individual constituent rather than for the constituency.
They feel that it’s for their personal benefits, like supporting them for medical treatment rather than expressing their views in parliament and trying to legislate for their benefit. So in that way people have still not accepted that that is actually the role of an MP.
That’s going to take time I think, we have to educate voters. We have to change. We have brought in a liberal democracy to the country and we need to promote that and maintain that rather than function in the way we were doing earlier.
How do you think the party campaigns have been going so far? Do you think there is a lot of negative campaigning?
There is a lot of that happening. I am only hoping that this is very temporary and in the next elections, I am hoping we won’t see this. I think it’s because of the sudden change that we’ve brought in. People were not prepared for it. Those who are actually bringing change and those who are the beneficiaries of change. It’s just too sudden and too much all in one go.
I want to believe that is why things are in pretty bad shape right now. There’s a lot of money politicking, which I for one never believe in. In the two terms that I actually campaigned, I never spent money. In the sense that I have never given people any money.
I have helped them but never given them cash. That’s something I don’t believe in and I don’t think is right. And also these personal allegations, unfounded allegations. It’s very wrong. You’re not trying to assassinate the character of the opponent.
What do you think about the number of women contesting in the elections?
It’s not a good number when there are so many hundreds of people campaigning. As things are I still feel the status of women in the Maldives in the nineties and early 2000 actually did come up and you could see more women in public life, but we are regressing.
I feel it’s partly because of the extreme views of our religious people. Well I think the influence of fundamental Islam. People are afraid. When we were in school you never questioned religion. Maldivians generally are not quite certain of what Islam is all about.
What I’m trying to say is that they don’t know much about the religion but when it comes to certain religious views, you don’t question them. And these people, these religious scholars who are preaching in the country now also don’t have a very broad view of Islam, they know very little. They feel Islam is a religion of rituals only but it’s not. It’s much broader. It’s a very enlightened faith.
What do you think needs to be done to encourage women to take a more active role in politics and in public life?
There’s been a lot of rhetoric on it, but in actual fact there are many restrictions on women candidates. For instance financial support, especially these days when there’s so much of money politicking.
Women don’t have that the wealth so they need to be supported, financially supported and also their families will have to give them support. Unless they have an understanding and supportive husband, it’s going to be difficult.
And then again the whole attitude, the mindset of people will need to be changed. We still have the majority of the people with the mindset that women can’t perform in public in the same way as men and women don’t have the intelligence or the capacity to be members of parliament or public figures.
It’s not only among men, it’s also among women. And also that by coming into public life you’re not disgracing yourself, that is something again.
Like in my case, I have short hair, I’m called a man. Even now, practically everyday I’ll get one or two SMSs abusing me because I talk like a man in Majlis, I behave like a man because I’m out in public and because I have short hair. They don’t realise I have short hair for convenience. I don’t behave like a man, I don’t want to be a man and I don’t feel as if I’m masculine.
Check back on Minivan News for the second part of the interview when Aneesa discusses the future of the DRP and whether ex-President Maumoon Abdul Gayoom should step down as party leader.

As the first female MP and a stalwart of the Dhivehi Rayyithunge Party (DRP), Aneesa Ahmed is a household name. Minivan News brings you the first in a two-part interview with the DRP parliamentary leader on her decision to quit politics and the upcoming parliamentary elections.

You’re not running for parliament. Did that come as a surprise to people?

Many people questioned me so I guess they were not expecting me to retire but I had decided to do this in 2005, to retire actually after the presidential term was over but then since I’m in parliament and the term is expiring I thought I’d wait until our term was over.

I’ve been in politics for quite some time now and I think it’s time that I take time off and do something which is more relaxing and more personally satisfying.

What are you going to be doing with your free time?

Right now I have many thoughts. I’ll probably do some charity work. Maybe work as an activist to make Majlis more accountable because of my experience. Just a thought.

Personally I am thinking of doing something more relaxing, to be truly away from politics, but there’s a lot of pressure on me from friends and peers not to give it up all together.

To be somehow or the other involved in politics in a different way. Away from mainstream politics. I may be doing that but I haven’t given it serious consideration.

How do you think the preparation for the parliamentary elections has been going so far?

Well, I am only hoping that it’s going to be free and fair elections this time like the presidential elections. So far it has been. Except for the fact that I’m not too happy with the president and his cabinet colleagues actively involved in campaigning for the government candidates. That is not right and it’s not fair.

What do you think about the parliamentary candidates, especially those who lack experience?

It is to some extent a concern. I am not undermining these candidates or their capacity because all of us when we first come into parliament didn’t have the experience. But there’s a difference between the way activists should function and how MPs should function.

I’m only hoping the voters will make the distinction to check between those who can, who do have the capacity to perform as MPs, as responsible MPs and those who are only activists.

I’m not saying all activists are not suitable, I’m not saying that at all. It’s just that there are people who can adapt themselves as MPs and there are others who in my view cannot. But please keep it in mind that I’m not undermining any of the candidates.

In terms of voting, what do you think people vote for? Personality or issues?

Voters have not been educated properly. Until now the constituents say every individual MP should be working for the welfare of an individual constituent rather than for the constituency.

They feel that it’s for their personal benefits, like supporting them for medical treatment rather than expressing their views in parliament and trying to legislate for their benefit. So in that way people have still not accepted that that is actually the role of an MP.

That’s going to take time I think, we have to educate voters. We have to change. We have brought in a liberal democracy to the country and we need to promote that and maintain that rather than function in the way we were doing earlier.

How do you think the party campaigns have been going so far? Do you think there is a lot of negative campaigning?

There is a lot of that happening. I am only hoping that this is very temporary and in the next elections, I am hoping we won’t see this. I think it’s because of the sudden change that we’ve brought in. People were not prepared for it. Those who are actually bringing change and those who are the beneficiaries of change. It’s just too sudden and too much all in one go.

I want to believe that is why things are in pretty bad shape right now. There’s a lot of money politicking, which I for one never believe in. In the two terms that I actually campaigned, I never spent money. In the sense that I have never given people any money.

I have helped them but never given them cash. That’s something I don’t believe in and I don’t think is right. And also these personal allegations, unfounded allegations. It’s very wrong. You’re not trying to assassinate the character of the opponent.

What do you think about the number of women contesting in the elections?

It’s not a good number when there are so many hundreds of people campaigning. As things are I still feel the status of women in the Maldives in the nineties and early 2000 actually did come up and you could see more women in public life, but we are regressing.

I feel it’s partly because of the extreme views of our religious people. Well I think the influence of fundamental Islam. People are afraid. When we were in school you never questioned religion. Maldivians generally are not quite certain of what Islam is all about.

What I’m trying to say is that they don’t know much about the religion but when it comes to certain religious views, you don’t question them. And these people, these religious scholars who are preaching in the country now also don’t have a very broad view of Islam, they know very little. They feel Islam is a religion of rituals only but it’s not. It’s much broader. It’s a very enlightened faith.

What do you think needs to be done to encourage women to take a more active role in politics and in public life?

There’s been a lot of rhetoric on it, but in actual fact there are many restrictions on women candidates. For instance financial support, especially these days when there’s so much of money politicking.

Women don’t have that the wealth so they need to be supported, financially supported and also their families will have to give them support. Unless they have an understanding and supportive husband, it’s going to be difficult.

And then again the whole attitude, the mindset of people will need to be changed. We still have the majority of the people with the mindset that women can’t perform in public in the same way as men and women don’t have the intelligence or the capacity to be members of parliament or public figures.

It’s not only among men, it’s also among women. And also that by coming into public life you’re not disgracing yourself, that is something again.

Like in my case, I have short hair, I’m called a man. Even now, practically everyday I’ll get one or two SMSs abusing me because I talk like a man in Majlis, I behave like a man because I’m out in public and because I have short hair. They don’t realise I have short hair for convenience. I don’t behave like a man, I don’t want to be a man and I don’t feel as if I’m masculine.

Check back on Minivan News for the second part of the interview when Aneesa discusses the future of the DRP and whether ex-President Maumoon Abdul Gayoom should step down as party leader.

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Decent Work For All: ILO

Since the Employment Act was ratified in 2008, the issue of labour rights has been much-debated in the Maldives.
A series of strikes at the end of last year brought to the surface the many cracks in the legislation and highlighted the failure of many employers to implement the rights enshrined in the Act.
In a historic move, the government decided to seek membership of the International Labour Organisation (ILO) to ensure labour rights are upheld.
Tine Staermose, director of the Sri Lankan branch of the ILO, talks to Maryam Omidi about the future of employment rights in the Maldives.
How would you describe the current situation with regards to labour rights in the Maldives?
My feeling over the last three years is that concerned and relevant parties in both the past and current governments are very committed to come aboard the ILO. With the new constitution fundamental labour rights are enshrined.
What are missing are the institutions. We need to ensure the labour tribunal is equipped as soon as possible and the ILO needs to assist the country in creating trade unions.
The government is in full support of building up civil society and trade unions. But there’s no knowledge of how they function. There’s no law.
How will the ILO help?
What the ILO will do is send experts down as a matter of urgency. The experts will lay down the structure for a tripartite labour governance where workers and employers come together with the government.
In the ILO, strikes are the last resort. What is really important is social dialogue; a space or a platform which is ruled by certain regulations. The rules of the game have to be put in place.
Just becoming a member of the ILO is not the same as getting the rules and regulations, and our experts will help with this.
What’s extremely important is that the consultation includes all the relevant parties and it’s open, transparent and facilitated so that there’s genuine dialogue. We need to remove misperceptions about what others think or want.
The country needs to be assisted in fulfilling its economic potential. Having jobs in the ILO framework is not enough. We are talking about having decent jobs.
There are four pillars in the ILO: there are fundamental workers’ rights, social protection and employment promotion, and these are glued together with social dialogue.
The real issues at stake are, for example, working conditions, wages, working hours, occupational safety and health. All these things need to be legislated for and right now, they’re not.
We need to carry out a gaps analysis to find out what legislation is missing.
We also need to train the labour tribunal and provide guidance to the judiciary.
How will the ILO resolve complaints?
It’s a very efficient system where both employers and employees can file a complaint with the ILO.
And if the government fails to enforce the labour law, they will have to answer to an ILO board. We don’t have any sanction areas, we only have moral pressure, but I can tell you it’s very strong.
How will this affect the tourism industry?
We will work with resort owners. It may be that profit will shrink in the first period but over time, employers will realise the benefits of having a satisfied workforce.
One of the things we need to know more about is the capabilities of the workers.
Maybe the government will need to improve the competence of its own workforce so that it can compete for better jobs in the resorts.
How will this affect expatriate workers?
Migrant workers will have the same rights as locals but we can’t address them without putting the legislation in place first.
When will the first phase begin?
I have put a lot of urgency on this because the opportunity is here and there are expectations.
If it goes slowly, the expectations will sour and so I think it’s important to act pretty fast.
How long will the process take?
It will be a matter of time before we see good practices. But we have to be content that there’s a very committed president.
It doesn’t take a million dollars, just technical experts and time

Since the Employment Act was ratified in 2008, the issue of labour rights has been much-debated in the Maldives.

A series of strikes at the end of last year brought to the surface the many cracks in the legislation and highlighted the failure of many employers to implement the rights enshrined in the Act.

In a historic move, the government decided to seek membership of the International Labour Organisation (ILO) to ensure labour rights are upheld.

Tine Staermose, director of the Sri Lankan branch of the ILO, talks to Maryam Omidi about the future of employment rights in the Maldives.

How would you describe the current situation with regards to labour rights in the Maldives?

My feeling over the last three years is that concerned and relevant parties in both the past and current governments are very committed to come aboard the ILO. With the new constitution fundamental labour rights are enshrined.

What are missing are the institutions. We need to ensure the labour tribunal is equipped as soon as possible and the ILO needs to assist the country in creating trade unions.

The government is in full support of building up civil society and trade unions. But there’s no knowledge of how they function. There’s no law.

How will the ILO help?

What the ILO will do is send experts down as a matter of urgency. The experts will lay down the structure for a tripartite labour governance where workers and employers come together with the government.

In the ILO, strikes are the last resort. What is really important is social dialogue; a space or a platform which is ruled by certain regulations. The rules of the game have to be put in place.

Just becoming a member of the ILO is not the same as getting the rules and regulations, and our experts will help with this.

What’s extremely important is that the consultation includes all the relevant parties and it’s open, transparent and facilitated so that there’s genuine dialogue. We need to remove misperceptions about what others think or want.

The country needs to be assisted in fulfilling its economic potential. Having jobs in the ILO framework is not enough. We are talking about having decent jobs.

There are four pillars in the ILO: there are fundamental workers’ rights, social protection and employment promotion, and these are glued together with social dialogue.

The real issues at stake are, for example, working conditions, wages, working hours, occupational safety and health. All these things need to be legislated for and right now, they’re not.

We need to carry out a gaps analysis to find out what legislation is missing.

We also need to train the labour tribunal and provide guidance to the judiciary.

How will the ILO resolve complaints?

It’s a very efficient system where both employers and employees can file a complaint with the ILO.

And if the government fails to enforce the labour law, they will have to answer to an ILO board. We don’t have any sanction areas, we only have moral pressure, but I can tell you it’s very strong.

How will this affect the tourism industry?

We will work with resort owners. It may be that profit will shrink in the first period but over time, employers will realise the benefits of having a satisfied workforce.

One of the things we need to know more about is the capabilities of the workers.

Maybe the government will need to improve the competence of its own workforce so that it can compete for better jobs in the resorts.

How will this affect expatriate workers?

Migrant workers will have the same rights as locals but we can’t address them without putting the legislation in place first.

When will the first phase begin?

I have put a lot of urgency on this because the opportunity is here and there are expectations.

If it goes slowly, the expectations will sour and so I think it’s important to act pretty fast.

How long will the process take?

It will be a matter of time before we see good practices. But we have to be content that there’s a very committed president.

It doesn’t take a million dollars, just technical experts and time

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Maldives Is Being Perceived As An Unsafe Destination: MATI

Since the Employment Act was amended to include the tourism industry in October, the sector has come under heavy scrutiny.
A series of strikes from workers protesting for their labour rights, which they claimed had not been implemented since the revision of the Act, has brought to light both the flaws in the legislation but also the dissatisfaction felt by many employees.
Most notably, a strike held on 28 November at the One and Only Resort by over 200 staff ended in violence after police clashed with workers.
On the fourth day of the strike, the government intervened to reach a settlement, which President Mohamed Nasheed described as a “breakthrough”.
Sim Ibrahim Mohamed from the Maldives Association of Tourism Industry (MATI) talks to Minivan News about the state of the tourism industry and how recent strikes have cost the industry millions of dollars.

What do you think about the strikes that have taken place?
It’s really sad because these people who are striking have now become activists. But there are people with vested interests who are working behind the scenes.
It’s people who want to bring down the government and also hurt the tourism industry. We know the people involved but we don’t want to engage with them. We want to resolve this issue amicably. We want to remove the ambiguities within the law. That’s all we are trying to do.
The entrepreneurs that are investing in tourism have rights too. Just in the same way workers have rights. This has been forgotten because it’s the workers who are making a lot of noise. They were not justified in what they did because there is a grievance procedure. If you study the situation then you will see the management also had some complaints but these were not heard.

Are you satisfied with the settlement brokered by the government?
We are not happy with the resolution reached because the government has been held hostage, the management has been held hostage and the entire tourism industry has been held hostage. If these people are party to the MoU, it gives too much recognition to these kinds of actions. It justifies this kind of action on private property. They have caused damage to the property.
We have heard from the management that they have thrown sand at mothers. They have also damaged property, breaking and entering into the living quarters of the general manager’s family home. They also threatened tourists and really frightened and intimidated them by going into the eating areas at meal times. So these are some issues that we have heard about but MATI can’t vouch for these because we were not there.

How have the strikes affected the tourism industry?
Several people have cancelled their holidays at One and Only Reethi Rah but also in the Maldives. The damage caused by this kind of act is very hard to estimate but it’s in the millions.
And it’s going to take more millions to put this right in terms of damage control and reputation. The Maldives is no longer a safe destination; this is how people will perceive it now. But we have had setbacks like this before such as the tsunami and we have come through them.

Do you think the Employment Act was flawed?
Strikes are good and they exist in all countries. But we need to have provisions within the Employment Act to regulate these things. We must also insure that we protect ownership rights and the rights of the employer. The Employment Act was flawed. The constitution of the Maldives is very ambiguous. It says people can go on strike but it doesn’t say how or where.

How do you think recent events will change employer-employee relations?
There will be a greater distinction between the two. Much greater than exists at the moment. Things are different now because there are many family-owned resorts and there’s a bond between some of the workers who have been there for a long time and their employers.
Once we go by the letter of the law then it will be a different situation. It will be more professional which is good, but there will be more of a distance than in the current employer-employee relationship.

How is the global financial crisis affecting the tourism industry?
The financial crisis is not affecting us much yet but it will affect tourism from April next year. This is because people have already paid for their holidays for this year. But people developing resorts have found it difficult to continue because there is a squeeze of credit. It’s become very hard to borrow money to invest.
There are around 40 resorts that have been leased to be developed and for obvious reasons they have had difficult in finding finance and so the industry has not expanded because of this. We have to create investor confidence in the Maldives especially in funding institutions.
They have to think it’s a good place for people to invest and make money. Obviously it’s a huge task. Confidence building is a huge task. It’s not like building something with bricks and mortar.

What do you think of the government proposal to increase resort leases to 50 years?
We want an increase of 15 years and this has been spun in many ways. This has been distorted by politicians who are claiming erroneously that we want 50 years. What we are asking for is an extension of 15 years because of circumstances outside our control, such as the current global financial market and the time it will take for us to recover from the crisis.
We think that if we can get these leases it will be an incentive for new businesses to come to the country. If we don’t get the leases most people will pack up and leave. People need to know there will be enough of a return on their investment.

Do you think bed rents should be standardised? [Beds at resort today are leased at a rate of up to US$16,000 whereas the first resorts that opened up pay about US$2000. Many argue that bed rents should be standardised.]

There are contracts that are in place and if we were to break these contracts it would be a disservice to those who have bid and won those beds and it’s very likely that some of them would sue the government. The best way for the government to enhance their income is to tax the industry on profits. We are happy to pay taxes.
In all business everywhere in the world, there’s something called prior rates for those who were there before everyone else because they took the risk of investing. They were the pioneers. This happens all over the world.
I think it’s very fair because they have taken huge risks to make their business grown from nothing. If they are to be penalised because they are successful now then it’s a disservice. The new government are cashing in on the success on the first investors and that’s not right.

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