Government seeks CMAG clarification over CNI “independence” concerns

The Maldives government is seeking clarification over criticisms levelled against it this week by the Commonwealth Ministerial Action Group (CMAG) concerning the composition of an independent inquiry body set up to probe February’s transfer of power.

On Monday, CMAG set a deadline of four weeks for President Waheed’s government to review the Committee of National Inquiry (CNI)’s composition and terms of reference.

Speaking to Minivan News, President’s Office Spokesperson Abbas Adil Riza said that the administration was looking to speak with CMAG to clarify the exact nature of its concerns. He stressed the government would continue to work with the Commonwealth body over the latest set of calls regarding the CNI.

President Mohamed Waheed Hassan’s administration has continued to face calls over the last month from CMAG to hold early elections during 2012. These calls, also backed by international political bodies like the EU, additionally require the government to ensure an independent enquiry is conducted into its legitimacy amidst opposition claims that it had come to power in a “coup d’etat”.

President Waheed yesterday said that the government was committed to meeting Commonwealth calls for an independent inquiry, as well as agreeing to hold early elections. However, the president added that this could only be done by July 2013 under the present constitution.

The CNI is the body established by the president to conduct an independent inquiry into the transfer of power that saw Dr Waheed take office on February 7.

The president later established a coalition government made up of former opposition parties. The Maldivian Democratic Party (MDP) had itself refused to join the government as it continues to question the administration’s legitimacy.

CMAG concerns “not communicated”

Abbas said that the government felt the exact nature of CMAG’s concerns in the report were “not communicated”, adding that any criticisms should be based on clear statements.

“The government will enquire with CMAG about what exactly their concerns are,” he said. “The Foreign Ministry will request more information on this.”

As of yesterday evening, a Foreign Ministry official contacted by Minivan News said that the ministry would be issuing a statement giving its response to CMAG at a later date.

In a statement released Tuesday, President Waheed announced that his government welcomed an offer from Commonwealth Special Envoy Sir Donald McKinnon to “assign a judge to advise and assist the Commission of National Inquiry (CNI).”

The President also claimed he would hold early elections as requested by international bodies such as the Commonwealth and EU, but would do so by July 2013 – “the earliest date permitted under the Constitution”.

As part of its statement following its meeting in London this week, CMAG, the body charged by the organisation to deal with human rights issues, reiterated the need for long-term measures to strengthen the capacity of the country’s judicial sector. It also called for fresh party talks between the country’s most senior political representatives.

The need for long-term measures to strengthen the capacity of the country’s judicial sector, as well as fresh party talks between the country’s most senior political representatives in helping resolve the current political situation was also raised.

Abbas Adil Riza said that while the government did welcome the recommendations of CMAG in regards to establishing administration’s legitimacy, he added that the it would do so only within the bounds of the constitution and the laws of the Maldives.

When asked if he was confident the government could satisfy the calls from CMAG relating to early elections and the impartiality of the CNI, Abbas again said that it would first be important to clarify what exactly was expected of President Waheed’s administration in regards to establishing independent mechanisms in the CNI.

When asked, Abbas maintained that the Maldives was committed  to remaining as a member of the Commonwealth.

“Obviously,” he responded.  “We wish to continue to be members in the organisation, but we only would do so under the regulations of our constitution.”

Opposition response

Whilst the government continues to seek clarification on the nature of the commitments expected of it by the Commonwealth, the now opposition MDP said this week that it too welcomed CMAG’s latest statement.  The party’s calls for presidential elections to be held later this year –  a stance former President Mohamed Nasheed continues to promote internationally – were also backed by CMAG.

MDP spokesperson Hamid Abdul Ghafoor expressed particular encouragement for the Commonwealth’s decision to set a four week deadline to address concerns about the impartiality of the CNI.

However, Ghafoor believed that foreign assistance may be needed on the basis of mediation to move forward in resolving questions over the legitimacy of President Waheed’s position.

“The government has continued dragging their feet on both holding meaningful road map talks towards securing early elections and in ensuring the independence of the CNI,” he said.

“The next step now could be in third party mediation.”

Ghafoor claimed that mediation could be provided by asking a Commonwealth nation like India to try and help facilitate fresh talks such as all party roadmap discussion.  Previous attempts at such talks have stalled on several occasions during the last two months owing to disagreements between the MDP and several parties in Dr Waheed’s national unity government.

“In the next four weeks, we are willing to engage with the government on CMAG’s recommendations,” he claimed at the time. “We resumed [roadmap] talks but there are eight pro-government representatives compared to just one of us wanting to make decisions on a vote basis. Obviously we have a problem on how to move ahead right now.”

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MDP eyes mediation as next step forward following CMAG recommendations

The Maldivian Democratic Party (MDP) has said third party mediation -possibly from India – may be needed to help resolve the present stalemate between itself and the coalition government as the Commonwealth steps up pressure for early elections.

Party spokesperson Hamid Abdul Ghafoor today claimed that such mediation was needed as the government of President Mohamed Waheed Hassan had continued “dragging its feet” in committing to international calls to hold early elections before 2013.  He also criticised what he claimed was a government failure to establish a suitably independent inquiry into the nature of February’s transfer of power.

The comments were made as the Commonwealth Ministerial Action Group (CMAG) yesterday met to discuss developments within the Maldives.  The meeting came one month after the Commonwealth body, which is charged with dealing with human rights issues, called for polls to be held as soon as possible to remove any doubts over the legitimacy of President Waheed’s government.

Following yesterday’s meeting, CMAG set a deadline of four weeks for President Waheed’s government to address concerns relating to a perceived lack of impartiality in the Committee of National Inquiry (CNI).  The CNI is the body established by the president to conduct an independent inquiry into the transfer of power that saw him take office.

Following yesterday’s meeting , CMAG continued to push for early elections to be called by the end of 2012 at the latest, whilst also committing to strengthening democratic institutions like the judiciary in the country by working with international partners like the UN.

The Commonwealth body, which consists of foreign ministers from a number of member states including Australia, Bangladesh, Canada, Jamaica and Tanzania, said yesterday that failure by the government to amend the CNI would result in the organisation taking “further and stronger measures”.

When contacted by Minivan News today, a spokesperson for the CNI said that it was aware of the latest statement released by the CMAG, but added the commission was itself unable to enact changes to its composition.

“The CNI was set up by the president, so it will be for the government to discuss this [CMAG’s findings],” the spokesperson said.

President’s Office spokesperson Abbas Adil Riza said that with the official visit of Palestinian President Mahmoud Abbas to the country today, the government had not yet drafted its official response to CMAG’s statement.

Abbas said he expected an official government response to be released during the next 24 hours.

Opposition perspective

In addressing CMAG’s concluding statement yesterday from an opposition perspective, MDP spokesperson Ghafoor welcomed the Commonwealth’s continued calls for early elections, as well as the organisations concerns about the impartial structure of the CNI.

However, Ghafoor believed that foreign assistance may be needed on the basis of mediation in going forward to resolve questions it held over the democratic mandate of President Mohamed Waheed’s government.

“The government has continued dragging its feet on both holding meaningful road map talks towards securing early elections and in ensuring the independence of the CNI,” he said.  “The next step now could be in third party mediation.”

Ghafoor claimed that mediation could be provided by asking a nation like India to try and help facilitate fresh talks.  All party roadmap discussions have already taken place with Indian assistance, but have stalled on several occasions owing to disagreements between the MDP and several parties in Dr Waheed’s national unity government.

“In the next four weeks, we are willing to engage with the government on CMAG’s recommendations,” he claimed. “We resumed [roadmap] talks but there are eight pro-government representatives compared to just one of us wanting to make decisions on a vote basis. Obviously we have a problem on how to move ahead right now.”

During an session of all-party roadmap on April 7, MDP representative and former Home Minister Hassan Afeef called the day’s meeting a “farce” after questioning the likelihood of a successful outcome during the talks.

However, representatives from other parties during the day’s talks told local media that the stalemate during the session had resulted from the MDP failing to notify other representatives that it would be calling for greater inclusion of all the country’s political parties beyond those in the government.

The talks had previously stalled last month over the MDP’s decision to block President Waheed’s constitutionally mandated address to the People’s Majlis on March 1. This led at the time to the withdrawal from the talks of the Dhivehi Rayyithunge Party (DRP), the Progressive Party of the Maldives (PPM), Adhaalath Party and the Dhivehi Qaumee Party (DQP).

However, Ghafoor claimed that the MDP was still committed to using the talks to outline a program of measures to facilitate early elections – something the government had said this week might not be needed this year following the weekend success of two of its coalition partners in parliamentary by-elections.

“We have participated at talks and we accepted the way forward at the talks put forward by India and its mediator Ahmed Mujuthaba,” the MDP spokesperson said. “We actually agreed to the plan outlined by India in the talks, they [coalition government parties] disagreed.”

Meanwhile, former High Commissioner Dr Farahanaz Faizal, who represented Mohamed Nasheed at the CMAG meeting yesterday, said that the party was “delighted” with the meeting’s outcome.  She stressed that the party particularly welcomed calls from the Commonwealth for greater impartiality in the investigation regarding February’s transfer of power, as well as the need for early elections in the country.

Dr Faizal said that, from her understanding, the nature of the “stronger measures” proposed by CMAG against the government could potentially have serious ramifications for the Maldives ongoing membership in the Commonwealth.

Though she was not present herself at the time, Dr Faizal was led to understand that, when questioned about the possible nature of further action against the government, the meeting’s chair was reported to have suggested that  suspension of the Maldives from the Commonwealth was an option on the table.

Dr Faizal did not wish to speculate on what such an action could mean for the Maldives, but she said that the ramifications for the country could be quite counter-productive for its future international standing.

“The Comonwealth is an institution made of a wide and varied selection of member states,” she said.

Speaking to Minivan News before yesterday’s CMAG meeting, President’s Office spokesperson Abbas Adil Riza said that the government felt the success of its coalition partners in three out of four by-elections over the weekend was an indication of its “mandate” amongst the Maldivian people.

Abbas therefore called on international bodies such as CMAG to take the results of the weekend’s polls into consideration when reflecting on the need for early presidential elections before the ones already scheduled for 2013.

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Government to annul provincial health and utility corporations, centralise services

President Dr Mohamed Waheed Hassan’s Spokesperson Abbas Adil Riza said the government intends to annul 30 government companies, including the provincial health and utility companies, in order to streamline government policy and improve service delivery.

The seven provincial utility companies—charged with providing electricity, gas, water and sanitation services—will be annulled and brought under one central umbrella corporation.

Furthermore, the seven provincial health corporations will be dissolved and health services will now be provided through the Health Ministry and the Centre for Community Health.

Riza said the provincial companies had failed to deliver services and that ousted President Mohamed Nasheed’s administration had set up separate utility and health corporations in each of the seven provinces only to award salaries to Maldivian Democratic Party (MDP) activists.

Nasheed’s former Policy Undersecretary Aminath Shauna said the act represented a “move back to Gayoom’s policies”, and defeated the purpose of decentralisation. Maumoon Abdul Gayoom ruled the Maldives from 1978- 2008.

“Malldives’ geographical fragmentation means one central board or company will find it impossible to effectively monitor and deliver services in an equitable manner,” Shauna said.

“They want to re-establish a relationship of dependency between the islands and Malé. Their intent in this is to consolidate power. Islanders will once again have to come to Malé and beg for services,” she added.

Effective Service Delivery

Speaking to Minivan News, Shauna said Nasheed’s administration had pursued a policy of corporatisation at provincial level in order to decentralise and improve service delivery.

“We have already experienced the disadvantages of centralising services; it made service delivery slow and led to corruption. Corporations were instituted because utility companies were not run on a business model. Island electricity providers often came to the finance ministry asking for debt relief. We wanted to eliminate this dependency. Corporatisation also creates reliable services and creates economies of scale,” Shauna said.

In response Abbas said the provincial companies had failed to deliver services.

“These companies could not manage their capital. In 2010 alone, Rf 800 million (US$52 million) was spent on supporting the salaries of so-called corporations,” Abbas said. The companies did not share common polices and operated on very different models, he claimed.

Although the provincial companies will be terminated, the operational units at province and island levels would continue to exist.

“This is centralised coordination to streamline policy. The operational units at provincial and island levels will continue to exist and the staff will retain their jobs,” he said.

“What we are doing is eliminating political boards. There were 30 separate boards before. Some boards had as many as 15 board members, and they were all political appointees. The former government did this in order to grant party activists salaries,” he alleged.

“When you eliminate political boards, service delivery will in fact be faster. If you look at the health records, we are slipping back and we believe this happened because service delivery was not efficient or effective,” he claimed.

However, Shauna said Nasheed’s “ultimate aim was to make these companies public companies and fully independent. They were state sponsored until they could find their own feet.”

Some companies had been more successful than others, Shauna admitted. For instance, the Southern Utilities Ltd – serving Addu and Fuamulah Atolls – had contracted Biwater International Ltd in 2010 to build six seawater reverse osmosis desalination plants to provide potable water. The contract is valued at US$42 million. The Southern Utilties Ltd had also handled all roadwork and landscaping for the 2011 SAARC Summit held in Addu atoll.

“All of the companies were improving gradually. They were finding their own feet, and contracting partners through public private partnerships. Our vision was for the government to step out of service delivery and play a monitoring role,” Shauna said.

Decentralisation

A second benefit of the centralisation of utility and health services is that the policy would empower local councils, Riza told Minivan News.

“Decentralisation means administrative decentralisation through elected councils. It does not mean making corporations. Now the ministry will be working very closely with the councils, where tasks will be delegated to councils, whereas corporations can and did override councils before,” Riza said.

In response Shauna said the spirit of decentralisation was to decentralise service delivery and to promote greater accountability.

“When you have regional companies, you have service providers working closely with the public. These companies will have to face the public everyday and this improves accountability,” Shauna said.

“How can a central authority with a limited number of people provide equitable services to the entire country? A few people deciding for the entire country does not help the people,” Shauna said.

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