The argument, which was most famously advanced by the political scientist Juan Linz, that presidentialism is more prone to executive-legislative deadlocks is by now well established. Deadlocks are bad because they can break down democracy as they did in Latin America.
In fact, when we contemplate on the political events unfolding over the past months, and more dramatically in the past few days, what we see is a textbook diagnosis and explanation of the ‘perils of presidentialism’.
With the parliament delaying crucial legislation such as tax bills which are necessary to ensure distributive social justice (and, of course, urged by the International Monetary Fund); consistently encroaching on the democratic mandate of the president such as messing up the decentralisation policies in president’s manifesto; blocking government administration through unwarranted no-confidence attempts; hampering government’s key policy programme of privatisation and public-private partnerships; and attempting to block a number of state welfare provisions, the country now is in a fierce executive-legislative conflict.
Again, the context for this gridlock is explained in political literature: a minority government, multipartism and poorly disciplined parliamentarians, and dual democratic legitimacy given to the president and the parliament.
Vain actions and reactions
The main recommendations from such comparative politics literature in the face of political impasse – such as shifting to a parliamentary or semi-presidential system and/or changing electoral rules to encourage a two-party system – seem to be difficult if not impossible in the short run.
No person in this country will be more frustrated than President Nasheed when his policy programmes get blocked or hampered. This frustration will be compounded in our competitive political environment, where public expectations are so high, when the country is in an austerity period, and while the imperative for delivery overshoots as the dates when voters can sanction politicians draw close.
As there is no easy mechanism (such as dissolving the parliament) to resolve such conflicts in presidentialism unlike parliamentarianism, the government has resorted to one of the few means left to a president in a deadlock situation.
The president had been resisting calls for arresting culprits responsible for past injustices citing good arguments such as an incompetent judiciary which itself is implicated in sustaining an autocracy. Tuesday’s arrests, however, I believe will only escalate the political rifts.
Gridlocks have often plagued crucial legislation in the US and continue to frustrate even President Obama, who has over 100 job nominations and crucial legislation yet to be even voted in the Congress. What Ted Kennedy called the ‘great unfinished business’ of health care reform – a basic ingredient of social justice – was repeatedly blocked in the US, which had led to thousands of unnecessary deaths in the most opulent nation on earth. In what has been one of the most serious deadlocks, the budget crisis of 1995 forced government agencies to shutdown when Clinton administration was a minority.
The Majlis has no doubt gone against the spirit of the constitution (for instance, delaying or passing legislation with implications for basic social and economic rights while wasting time and public money over petty business), but it is unconvincing to claim they have clearly contravened the letter of it.
It may be true that arresting two opposition MPs is not necessarily unwelcome based on ‘substance’ but was so based on ‘process’. While ‘substance’ does matter, ‘processes’ also matter because they contribute to the hard-won, delicate democratic and liberal legitimacy of the government.
The ‘great game of politics’, therefore, must be by the rules of the game.
Why and way forward?
While well-intended and solid policy programmes of the government are delayed and hampered, the idea I want to float is that a minority government too can mobilise the public sphere, and play the great game of politics within rule of law through deliberative politics.
That is, while deliberative democracy is usually justified on its potential for more just and legitimate policy-making, I want to conjecture that deliberative democracy can also have instrumental benefits for a minority government.
If one looks through all controversial policy changes of the government, one thing is unchanged: there is no effective pre-crisis public communication and deliberations programme.
From decentralisation to the alcohol regulation to Islam/Divehi teaching, and to airport privatisation – which otherwise are all solid and beneficial policies – the government did a miserable public communication and deliberations job, if any. Again, it is a ‘process’ failure that have led to ‘substance’ failures.
The meeting with the business sector stakeholders on airport privatisation, the press conferences, news releases, television programmes, and the photographs of the new airport all came too late and too inadequately. And even when all this came, the government appeared messy and contradictory. There was simply no pre-crisis public communication and deliberation programme in this.
Sceptics would say that this suggestion is utopian and politics is too power-ridden and unalterable to public opinion. I concede to an extent, but, as the most prominent proponent of deliberative democracy, Jürgen Habermas, argues in Popular Sovereignty as Procedure:
“[R]epresentatives normally do not want to expose themselves to the criticism of their voters. After all, voters can sanction their representatives at the next opportunity, but representatives do not have any comparable way of sanctioning voters.”
The wealthy politicians in the parliament can indeed publicly buy parliamentarians, but they too cannot publicly buy public opinion.
All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]
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I’ve ‘eaten’ the counrty’s budget, so what? Nothing can be done. hahaha. All the judges are ones I’ve appointed. They’re all mine. hahaha. And in 2013 Yamin my bro will be president. haha. Or else the foolish ppl will elect one of my agents like: Gasim, Tasmin, HassanSaeed, Kitti Nasheed. hahaha. After that I will squeez you guys all again. haha. I am above the law. So is my agents and my family. No court can touch us. Even if we’re accused of and investigated of terrorism we will be kept in the house for investigation so that we can bribe the wisnesses and twist the facts. hahaha.
The meeting with the business sector stakeholders on airport privatisation, the press conferences, news releases, television programmes, and the photographs of the new airport all came too late and too inadequately. And even when all this came, the government appeared messy and contradictory. There was simply no pre-crisis public communication and deliberation programme in this.
u already said da reasons ..!?
Mr. Sextus says that 'the government did a miserable public communication and deliberations job'
On Mr. Sextus's firm belief in public relations as a remedy, should we expect some positive 'spins' in the coming days.
Empiricus, you seem to suggest that you are a better judge of what is good for the people than their elected representatives. Funny.
Great article
The failure of pre-crisis PR is the fault of the President's Office Press Office and Press Secretary Mr. Zuhair.
Perhaps the President should contemplate his removal and seeking professional assistance on this.
I agree with you. Privatization of the airport may have done with good intention. But the process was very poorly executed, leading to reservations by even the biggest proponents of the airport privatization concept. We may say DRP or PA are hell-bent to fail President Nasheed. But why would Vice President and the Adhaalath party end up publicly criticizing the President. And MDP end up vilifying Vice President and Adhaalath party in their rallies. This shows how fast Nasheed has been losing allies let alone persuading the oppositions to come aboard. The resignation of cabinet minister was a ridiculous public drama which will only harm Nasheed’s government. I can only compare Nasheed with Joseph Estrada of Philippines.
The political deadlock is not due to difference in opinion; this is simply a showdown for power struggle and paranoia of some ill informed and uneducated MPS. The only option for the president is to bypass the Majlis for some of its economic policies and try to eliminate the MPS who are there to see this government fails like Yameen and Gasim. Since these two individuals have already be alleged for corruption even before the impasse, It is high time to put them on trial and put them out of business.
I have always maintained that the presidential system is more appropriate for the Maldives. This is based on our recent political history and culture. More importantly, I reached this conclusion due to the weakness of the party system in this country.
If people stuck with their parties for ideological reasons then that would be fine. However, the reality is that they shift allegiances. We have already seen that in this Majlis.
The sad thing, is that there are strong allegations that people shift, or are open to move parties or vote in certain ways through bribery. Financial transactions in the Majlis happens regularly. It is only now, that the authorities are taking steps against this.
If we were to have a parliamentary system here, without properly developed political parties, we run the risk of the government changing every other day! For example, let's say MDP and DRP are the two largest parties (as they are now), and MDP is able to form the govt due to support of independent MPs. And then Gasim decides to influence a few of them and also some MDP MPs, and overturn their slim majority so that it goes to DRP the next day on the promise that he gets, say, Finance Minister. The next day Yameen might decide to form an alliance with MDP and the government would change again.
We are simply not ready for this.
In our system, it is perfectly possible for a government to function without a majority in the Majlis. It would mean that it would not be able to pass all the bills that it wants, and that is fine. It would have to compromise, something that might be a god thing.
The trouble is that, in the current situation:
1. Majlis is consolidating executive powers to them and doing so AGAINST the constitution
2. The MPs are doing this by selling their votes for money.
The ammendments to the Public Finance Act (Maliyathu Ganoon) are unconstitutional. The no-confidence votes against ministers WITHOUT any investigation or substantiated reasons, are also unconstitutional.
The real problem in this country is not the presidential system of government. It is the weakness of the judiciary. It is the judiciary's inability (or unwillingness) to stand against the legislature's actions to illegally and unconstitutionally transfer powers to them from the executive branch.
The damage is done, now its irrecoverable, he has no choice either to resign or face the public anger day by day, remember still opposition are quite while MDP is doing everything, I don't understand for what they are demonstrating now, they are in power. When opposition start mobilize and start public gathering we will see who has more heads around the country.
a very good article "MDP activists should read this and should understand that he's the President of maldives mohamed nasheed not the MDP activist anni" so please give him the chance to be a President and also he needs to be with good strategists not with these activists ....
"From decentralisation to the alcohol regulation to Islam/Divehi teaching, and to airport privatisation – which otherwise are all solid and beneficial policies – ..."
I stopped right there.
Are all these really solid and beneficial policies? It depends on which side of the fence you are sitting on and which angle you are looking at them from.
Firstly, they cannot be thrown together as if they stand equal on the same footage.
Secondly, while decentralisation and privatisation may be beneficial policies, it is not the policy itself the parliamentarians opposed. It is the proposed method of carrying this out that they opposed.
Just look at how the airport business was done. It creates doubts even for the most unconcerned.
1. How can bids for an asset that plays an important role in the country's national security and worth billions of dollars of income to the country be evaluated in just three days?
2. Why do people feel that GMR may not be the best party to win the bid?
3. How can you expect one man (Mahmood Razee) to look at the bid from different perspectives and not arrive at the same conclusion?
4. Why was one man given such an authority any way?
5. Why was the agreement signed in such a haste?
6. Why did the reigning chairman of the board refuse to sign the agreement and resign?
7. Why did three of the board members resign?
8. Why was an almost brand new board assigned within a matter of hours? To sign the agreement?
9. Why were 4 strong opposition parties including the biggest opposition party (DRP) against the bid being given to GMR?
10. Why was it signed any way despite the decision by the parliament?
The problem is not lack of communication. It is the government's seemingly unshakable determination to do things a certain way even if it may not be the best way. And in such a situation, how can you even expect to communicate?
Look at what happened in the Gitmo case! The government seemed hell bent on bringing these detainees irrespective of any consequences. And when the opposition blew the whistle it created problems for the government's plans.
Look at the alcohol license issued by the government! The government issued the license, despite advice against it. But in the end, the people had to come out on the streets to make the government withdraw it.
So, it is not lack of communication but lack of CONSULTATION that is putting the government in a vulnerable position.
Every time something like this happens, I hope the government will learn from their experience and start consulting more widely. But unfortunately, it looks like I will have to keep hoping until 2013!
The opposition is not demonstrating as Nasheed wanted them to, if they had Nasheed would send in MDP people to create chaos. Now Nasheed has no choice but try to be more accommodating for a while. In short, Nahseed's plan did not work as he had predicted. The opposition is more steady headed than he Nasheed. The people of Maldives for some reason could not care less for what is happening in the political arena. They have lost faith in this new system of governance.
"The meeting with the business sector stakeholders on airport privatisation, the press conferences., news releases, television programmes, and the photographs of the new airport all came too late and too inadequately. And even when all this came, the government appeared messy and contradictory"..this is Golhaaspeak type, we didnt know, BS. You can awaken someone who is asleep, but you cant awaken someone pretending to be asleep. The govt has been making known the airport programme from December 2008. The govt published a Request for Proposal document which is the modern, tried and tested method for inviting, exploring, publishing any PPP programme. These are wannabe armchair critics drooling for a govt job probably in TVM.
Yeah, Yers, educational arrogance. Pure BS and Golhaaspeak... Another regular refrain is "I too worked for reform, hoping a change would be fer the good, but alas this govt has turned out to be worse than Golhaa's". This is another clever bit of Golhaaspeak that reiterates the pitiful appeal for govt deals or jobs for former(?) 'educated' apologists fer Golhaa and Gasim.
This is the beginning of the end of this regime. It wont be easy for anyone else to govern this country after Anni and his clowns
The cabinet got resigned by an oder from the President. It's the sign of incompetence of this dictatorial, unpopular regime. It's time for Anni to flee to Uk.
@Robin,
I gave some thought to your questions.
1. Why cannot the bids get evaluated in 3 days if there is professional help.
2. What do you mean by 'people'? What data do you have to support who 'people' is? Just how many people in the parliament itself do you think has the knowledge to compare and evaluate a bid? Do you think Mutalib and Jamal has that?
3 & 4 How do you know the whole decision is Razees? Why don't you check up who and who made which recommendations?
5. The signing of the contract is done in haste. Why not? The process of bidding has been going on for a long time if you have followed on it you may have known it. No government will allow time and resources to be wasted just because a few people with vested interests want to derail the process.
6.7. & 8. When things are increasingly politicized you have to see where the reaction emerges. Take a look at look at the network of those who resigned. The media here has never done any reporting and investigative journalism. Instead, media is made into a medium for politicians as a loudspeaker.
9. Why do you think the 4 biggest parties and DRP is against it. Take a look at the activities and words of these people for the past 4 years. For eg: All the 4 parties originated from DRP and DRP was formed by Gayoom while he was in power. All these 4 people ran for the elections and lost it. Since day 1, they have been doing everything they can to obstruct everything that the government tries to do. And you can see the financial situation of the country and the world when the new government took over. If you go back and listen to various speeches given by these people over the past 4 years, you'll be very surprised.
10. Do you know the workings of a presidential and parliamentary systems and the differences between them? Try to get some info and analyze what the parliament is doing.
Do you think Yamin, Gasim, Thasmeen and Jagiya Nazim can make anyone responsible? Have you taken a look at the serious allegations against them. Why cant they clear themselves in a court. And even then, with the corrupt judiciary that we have here it is not going to be possible.
Take a look at the background and social networks of these judges we have.
Where is the Judicial Services Commission when you have the criminal court coming out with orders after midnight ordering the police to bring two people alleged of serious crimes in one hour.
Do you think Yamin and Gasim should be treated different just because they are MPs?
No. they should be treated same ways as ordinary people. We should not let the MP label get misused by anyone if we are for reform.
Look at how the judges are assisting them by possibly giving them opportunity to discard whatever evidence they have.
We all should be ashamed of ourselves. For letting these people put their hand through our mouth and remove our gut and show them to us.
President Nasheed needs to take anger management crash course and also public speaking course too. When ever he gets the podium it seems he is going to fight with some one, whether its public or reporters.Why he is always so angry, I dont understand, to whom he is angry,while his government cannot perform their promises.Is it our fault that MDP couldn't convince public to get full majority parliament, inspite Nasheed said thats the best candidates in the world.
@ Ekaloa... Go jump in a lake.... You need to do a crash course on how to stop writing and start thinking.
Actually what did they agree on this Air port agreement??? Some say it's a management some say it's land use agreement.. some say it's full control except for security.. What is really?? Is there a website i can go and check this out????
Maldivian Octopus: when you say it is a weakness of the judiciary, how many cases of violations of the Constitutions have been presented to the Supreme Court for nullification of a law or a part of a law that has been enacted. There are no such instances in my experience. So, even if you have been objective in your observations, you have not been on that particular point, in my opinion.
Hang Zuhair, he's reverted to type and gone underground.. He is the one responsible for PR failures and is at the very apex of Nasheed's evil designs in the ongoing dark and morbid propaganda. Nasheed should fire him and hire those who come up with varsity lingo, wonderful qualifications and stop-gap solutions.
The airport Privatization has been a long process and whole process was carried out through International Finance Cooperation's guidance and consultancy. Mr. Raazee did not evaluate it while having his breakfast one morning. The Airport Company Directors resigned based on the fact that they are not able to fully comprehend the privatization pros and cons, which is acceptable given the limitations of their individual opinions and lack of legal and technical expertise to accept such a bid. I believe this process was handled professionally and the only missing part was the proper communication and selling of this whole thing to the public.
All four parties got against it as they were conspiring to topple the government and to rule the country. They all are singing the same tune which says President has failed and he should resign. They were conspiring to go for a no confidence motion against president using the airport privatization process as a misdemeanor. They have secured all independents vote by allegedly bribing the loyal MPs who claim to be the most innocent devils on earth. Ultimately the executive has to exercise his authority to ensure that democracy prevails.
In a democracy it is not just the judiciary, legislature and executive which should be having a fair share but the media as well. In the Maldives the media does not have enough capacity. I for once was approached by the public media regarding an important government decision. However the journalists were very young inexperienced and without academic background of such caliber.
The journalists have not been doing enough to educate public on anything. They think journalism is to run after politicians and getting their pockets filled by being their PR firms.
In a true democracy we need to have 3 independent powers, which the executive made sure we did. But unfortunately the other 2 powers are so undemocratic and fighting for only a few people's personal gains, the ordinary people has so far in our history never had any democracy.
We each of us are living here for only a micro fraction of time, compared to billions of years and as little a space compared to other countries, world, universe and the billions of planets which exist. I wonder what the self centered people will do with there money in the next millions or billions of years after there death. After all we believe in life after!
Mr Nasheed is obviously losing his patience and this makes him to lose his temper. As we are normally weak in controlling our emotions, Mr Nashhed laso has the same problem. But the core issue is Mr, Nasheed knows what the Maldives needs immediately and what is the general public’s anticipation which he has mentioned in his presidential campaign, that we need quick bucks to fill in the pockets of Maldivian. His strategy and planning is not taking its course due to conservatism and his minority government. The only way to make quick money is to lease government properties which not only gives the opportunity in collecting immediate funds but also pave the way to scale down the size of the government. Also his efforts to limit the government to mere policy making body without much involvement in the public affairs by privatization seem unachievable with the current political impasse. If Mr Nasheed lacks the leadership he might feel uncomfortable and powerless which will make him angry. Mr Nasheed needs a leadership quality now with the situation like this where the ethical substance and the merit lack in the society. Now he needs to control himself and control others. If we are in control of our environment, than we have more chances for survival.
you idiots. The maldives is a failed state. It lacks the man power, the human resources, the material and infrastructure resources, the surplus of nature, the civilization, the society necessary to keep afloat a nation.
What is democracy? what is 'presidential system'? what is the 'constituition'? Does not the massive deficiency of human potential evident within and without government, speak for itself?
The government of Anni & co will be ousted if it does not rediscover the intelligence needed to realise on its own this simple fact. The ambiguities of political correctness and the refuge its neologism offers may escape the fisherman or the farmer, but the electorate will take to arms if it is strecthed to the limits.
There is no fit one person, or party in place in Maldives that could effectively 'rule' (who we kidding here- what democracy?) this Island Nation.
The responsibility of running this small pocket of human resistance must be delegated to higher powers, till atleast the power of it's security and society, both economic and political, stabilizes.
The Resort club will face indictment within the next 10 years. The people of dhivehi-raaje will ensure this .
We try to educate ourselves about what type of political system is the best for us. As a Muslim, only Allah (swt) laws are the only ones that will really save us from the corruption of this world as well as the punishments of the hereafter.
Maldivian Parliament members and many politicians do not even know what "good governance" is. Many are elected due to some close blood relations or political and money connection. Not for their moral character whatsoever.
Explains why pretty much all of them lack moral character or fear the punishments of Allah (swt).
First to know what is governance in Islam, we need to learn about it. How can one say no to something without knowing about it from its source? Here is a lecture on Islamic governance which would do wonders for Maldives.
http://www.sandhaanu.net/videos/musicvideo.php?vid=64ab2879e
The best solution for Maldives now is to rent the whole country out and give a monthly allowance to every citizen from this rent, so everyone or every family can then go and live anywhere they want to live. Some may choose Pakistan,Afghanistan, Amsterdam, UK, USA or any other country they choose. Mind you there would not be a government or a parliament then but this may not be too appealing to MPs and politicians as then what they get would be less but the rest of us would be better off.
Now we are beginning to see for real, what the dis-honourable MPs have been plotting since their telephone conversations have been made public.
Gasim seems to footing the bill for buying every one and bringing them into the side of the Mob.
The Almighty-I-am-the-Great-Lawyer Kutti Nasheed has been caught begging Gasim for 'I need some cash'. And he tries to defend himself with bullshit. Yeah, of course, he needed the money to pay for his 'constituents' requests! My arse!
Jangiya Nazim, Kutti Nasheed, Yameen and Gasim have been plotting for a very long time to bring down the government. It's clear as daylight. Gasim's money has bought every single judge in the country.
No justice will be possible. The Courts have refused Police permission to look into these crooks bank accounts and to search their premises. Why? Now, we know why. Who is going to bring the corrupt judges infront of the courts?
I urge the President to bring in external help, to investigate the corrupt dis-honourable members of Parliament. We need professional forensic assistance in uncovering their activities. Remember, these crooks have been at this game for decades and they're way ahead of our Police in hiding their acts.
We lose ourselves when we compromise the very ideals that we fight to defend. And we honor those ideals by upholding them not when it’s easy, but when it is hard
Democracy is built on the idea that people are civil and collectively, people will oppose immoral and degrading conduct. This not being the case, parliamentarians can do ouragiously immoral and unethical things and still win the seat the next time. I don't know if democracy is cut out fir this sort of societies.
The privatisation of the airport has been on public record since the new government took over in 2008. That a bill from the opposition to intervene in government financial strategy should come after a year in parliament says it all about the pathetic state of the opposition. If the Opposition viewed its function truly as one that holds government accountable, this bill would have happened a long time ago. Lets be straight. The Opposition is not working to hold this government accountable, it is working to make government ungovernable.
It is not just the Opposition in the Legislative Body that is working to make our new government ungovernable. Every institution appear to be working to make government unworkable.ie
The "Independent Commissions" lined with the fat cats of the former administration, most noteworthy the Civil Service Commission.
We have yet to see any work of The Anti Corruption Commission on the former Auditor Generals report on the former government. The Civil Service acts like a mini government, the Judiciary and the Human Rights Commission still appear confused on exactly what their mandate is 18 months into this new government. .
And what of the work of The Presidential Commission? What does the resignation of the Presidential Commission members say? Is it a vote of no confidence in the President or is it a vote of no confidence in the Police, the Anti Corruption Commission or the Judiciary that made them resign? We need answers to this.
Sextus Empiricus you wax lyrical on the shortfalls of the executive but you touch on nothing on how the institutions that were put in place to safeguard the rights of people are sabotaging this governments efforts to implement the pledges of this government to our people to bring prosperity, dignity, health and a good life for our people. President Nasheed was elected on the MDP Manifesto, which is now the National Development Plan. Any institution that works to sabotage and hijack the National Development Plan is working against our people.
And that, my friend, we call treason.
@ Praxis
"I gave some thought to your questions."
Thanks.
I will respond to the first and last of your comments.
Bid documents are hundreds to thousands of pages of text written in technical language with diagrams and photographs of course. There were three bids for the airport. Assuming each bid was even 500 pages long, no human can really evaluate them in 3 days. The government may have had professional help. But only divine help can evaluate three such huge bids in 3 days!!!
Yes, i know the difference between the two system of governance. What I mean is if the majority of the parliament is against what you are doing, there is good reason to rethink. The government signed this agreement within hours of the decision by the parliament. I don't think that was enough time to think or rethink about such a big issue.
Nobody has to overanalyze the situation. Democratic systems are novel and infuriating to politicians to both poles of Maldivian politics. We are too young a democracy and too entrenched in our age-old customs. Qayyoom grabbed power from Nasir with political and financial backing also mobilizing public support with a reformist agenda - seem familiar anyone.
I reserve judgement on President Nasheed, however a depressing majority of the MDP's financial backing as well as political and popular support believe that the MDP's win at the Presidential elections was a powergrab - albeit a bloodless and legal one. They also have no compunctions about using the same methods and means (i.e.: public money) to enrich themselves, their friends and their family.
While this situation persists, it would seem extremely hypocritical to persecute opposition MPs of crimes which almost all Maldivians, from judges in the judiciary to your average janitorial custodian. Although corruption within the parliament has more devastating an impact on greater society through setting bad examples and on politics in particular.
The fact of the matter is, most Maldivians did not vote for;
1. Rooting out corruption
2. Public finance reform
3. Privatization of state enterprises
4. The gradual shift from patronage to capitalist individualism.
5. Pluralism (in any of its manifestations).
What they did vote for was;
1. A change of status quo meaning construction contracts, resort development contracts and loose state regulation of the businesses of individuals who were left outside of the Qayyoom club.
2. Immediate housing for anyone who ticked the "yes" box next to Nasheed's photograph.
So I do believe that there was some duping involved in how the current administration came to power. Well-intentioned duping but duping nonetheless. This I believe is the main reason for President Nasheed's waning support and weaker mandate. The critical period between the Presidential and Parliamentary elections revealed to the duped electorate that the MDP administration was not doing what they want - even though they were and still are working in their best interests.