Civil society groups slam government for “failure to ensure conducive environment for elections”

Prominent NGOs have released a joint human rights brief accusing the Maldivian government of failing to create conditions conducive to free and fair elections, ahead of the Commonwealth Ministerial Action Group (CMAG) meeting to be held in London this Friday.

The International Federation for Human Rights (FIDH) and the Maldivian Democracy Network (MDN) reported that with less than six months before the presidential elections “there are clear signs indicating that the coalition government in power since February 2012 has so far failed to set the conditions for free and fair elections in which ‘all parties and leaders are able freely to conduct election campaigns’.”

“The most critical matter in this regard is the continued interference of the executive on other branches of power, as manifested by the trial of several opposition members to prevent the opposition from running in the upcoming elections,” the brief reads.

Authorities have both failed to ensure a ‘free and fair’ atmosphere with respect to freedom of information or freedom to assembly, as well as made no efforts to inform and educate voters on electoral rights and responsibilities, the report claims.

FIDH and MDN highlight that promoting and protecting human rights has suffered from a “substantial lack of progress” and that a “culture of impunity for perpetrators of past human rights violations” has been institutionalised.

While “human rights abuses reduced drastically” following former President Mohamed Nasheed’s election in 2008, past and present police brutality, torture and impunity have gone unaddressed, states the brief.

Institutions such as the Police Integrity Commission (PIC), the Human Rights Commission of the Maldives (HRCM), and a Presidential Commission – created in 2009 and disbanded in 2012 – failed to investigate and address human rights abuses, including torture committed by the police services, given their limited mandates.

“The coalition government established in February 2012 has been accused of a wide range of human rights violations, from violent repression of street protests, arbitrary arrests, sexual harassment of female protesters, torture, harassment of pro-opposition media, to legal and physical harassment of members of the opposition,” states the brief.

“Since the HRCM made public its reports on these allegations in August 2012, no action has been taken for investigation or redress,” the brief continues.

Systematic omissions have been identified in the the Commission of National Inquiry (CoNI) “serious enough to raise fundamental questions about the accuracy of the report’s conclusions.” Furthermore, recommendations made by the CoNI on August 30, 2012 regarding human rights abuses, torture, and impunity “were immediately dismissed by senior government officials; this could only encourage the security forces to disregard the rule of law and commit further human rights abuses in impunity,” the brief reads.

“Uncertainties” have caused a “new phase of slowdown” in the country’s legal reform process as well.

“Women have suffered and still suffer from the absence of a strong legal framework… and women’s rights remain at risk of being curbed by religious parties influencing the governing coalition and pushing for the full implementation of Sharia,” the report states.

Rising tensions regarding interpretations of Islam is “particularly an area of concern” given the “fundamental views being introduced by the Adalath party and some religious groups, mainly those that are being linked with Shari’a and harsh punishments,” claims the brief.

“Bearing in mind that there is absolutely no public trust in the judiciary to have the capacity to deliver justice under these circumstances, those critical of these [religious] interpretations have faced violent consequences,” reads the brief. “To date, there are no reports of an investigation or any on-going effort to find the perpetrators of these crimes [of murder and attempted murder].”

Following Nasheed’s claim he was deposed in a coup d’état, the Commonwealth suspended the Maldives from the CMAG, and said it had decided to place the Maldives on its formal agenda in February 2012 because of “questions that remain about the precise circumstances of the change of government, as well as the fragility of the situation in the Maldives.”

In September 2012, CMAG decided the Maldives would remain on the agenda under the item “Matters of Interest to CMAG”, however its suspension from the international body’s democracy and human rights arm has now been revoked.

CMAG recommendations

FIDH and MDN emphasised that the newly reformed CMAG mandate includes “situations that might be regarded as constituting a serious or persistent violation of Commonwealth values”, and the “systematic denial of political space, such as through detention of political leaders or restriction of freedom of association, assembly or expression.”

“These situations have continuously characterised the political environment of the Maldives especially since the change of power of 7 February 2012.”

FIDH and MDN provided CMAG with five key recommendations in regard to the deteriorating human rights situation in the Maldives.

They compelled CMAG to raise concerns regarding human rights violations in the Maldives, especially allegations of police brutality and torture, and request government authorities take all necessary measures to prevent violence, respect the due process of law and prevent arbitrary arrests.

A review of CMAG’s position on CoNI report should be conducted, especially in reference to “later developments”.

CMAG should also advocate for the preservation and consolidation of democratic achievements and take all necessary steps to guarantee the conditions for free, fair and inclusive elections in September 2013.

Providing technical assistance to the Maldives’ government is recommended. This is necessary to strengthen the rule of law and support the development of public institutions, in particular the judiciary, as well as independent commissions such as the HRCM, the PIC, and the Judicial Service Commission (JSC).

Finally, provide support to civil society organizations to raise public awareness about the role of public institutions and the importance of separation of powers, develop human rights education programs, and play a key role monitoring democratic and independent institution building.

Maldivian government recommendations

FIDH and MDN also provided the Maldivian government with a list of 11 recommendations to improve the country’s human rights failures.

This includes strengthening independent commissions, such as the PIC, JSC, and HRCM, in accordance with CoNI report recommendations. Reforming the judiciary should also be prioritized.

The physical and psychological integrity of human rights defenders, journalists and members of the opposition must be also guaranteed in all circumstances.

Initiating a national campaign to address past human rights violations (1978-2008), including “accountability for perpetrators, acknowledgement, truth-telling mechanisms, reparations, and legal and institutional reforms to prevent occurrence of new violations” is recommended.

“Such mechanisms would also act as a deterrent to prevent any future form of harassment, intimidation, arbitrary arrest or ill-treatment by State security personnel,” the brief states.

Additionally, the Majlis (parliament) should “urgently enact” pending legislation, ensure civil society is consulted, and that the bills “fully conform with international human rights commitments and obligations of the Maldives.” Furthermore, the death penalty should not be enshrined in those texts.

FIDH and MDN also recommend the government fulfill its various international commitments. This includes investigating allegations of torture, adopting implementing legislation for the International Criminal Court statute, as well as guaranteeing the human rights and protections enshrined in the International Covenant on Civil and Political Rights (ICCPR).

Additionally, the scope of the Maldives’ reservation to Article 16 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) – which aims to eliminate discrimination in all matters relating to marriage and family relations, and ensures gender equality – should be significantly reduced.

Adhering to the recommendations of various UN Special Rapporteur’s, which have addressed some of the systemic problems within the judicial system and various human rights issues, is also recommended. As is arranging future Rapporteur’s missions regarding transitional justice and additional human rights challenges.

Government reaction

Minister of State for Foreign Affairs Dhunya Maumoon told local media yesterday (April 23) that Foreign Affairs Minister Dr Abdul Samad Abdullah had left for London April 22 to participate in the CMAG meeting.

Maumoon highlighted that this marks the first occasion the Maldives has been invited to a CMAG meeting since its removal from the agenda.

“The opportunity for the Maldivian Foreign Minister to participate in a CMAG meeting was a great achievement, and one which resulted from the efforts by President Waheed’s government in cooperation with the Commonwealth,” said Maumoon.

“Now Maldives will have the opportunity to partake in discussions at CMAG. But the Maldives delegation will not be present when the group discusses the Maldives,” she added.

Maumoon also reiterated the government’s position that the Maldives should not have been on CMAG’s agenda and that “the move was prompted by a lack of understanding of the true events that transpired in the Maldives.”

“Some countries” had realized this error and accused Nasheed of influencing CMAG members, Maumoon claimed.

While Maumoon admitted “there was always a fear of instability in Maldives due to the rather infant democracy in the country,” she also highlighted that “international partners have acknowledged the positive strides the country has made brought about in a relatively peaceful manner.”

In April 2012, Maldives’ permanent representative to the EU Ali Hussein Didi criticised the Commonwealth’s involvement in the Maldives, telling the European Parliament that the Commonwealth’s Ministerial Action Group (CMAG) lacked a clear mandate to place the Maldives on its agenda.

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Advocacy group requests government “not delay” reform of child sex abuse laws

A child rights NGO has called on the Maldivian government to pass needed legislation concerning the treatment of sexual abuse victims, on the back of several high-profile court cases involving minors.

The Advocating the Rights of Children (ARC) NGO told Minivan News it was concerned about a lack of legislation in the country to protect victims of abuse. The NGO has also raised concerns over the potential impact on the state’s ability to prevent sexual offences following reductions to the state budget approved by parliament in December 2012.

The comments were made as the government reiterated a pledge over the last month to review and amend laws on sexual abuse that it has claimed, in certain cases, treat sexual abuse victims as perpetrators.

A spokesperson for the President’s Office confirmed Thursday (February 7) that authorities would be holding a one day seminar with the Islamic and gender ministries over the next two weeks on legal reform over concern at cases such as a 15 year-old girl being charged for fornication.

Acting Minister of Gender, Family and Human rights Dr Mariyam Shakeela was not responding to calls from Minivan News at time of press.

Civil society concern

Addressing these commitments by the state, a spokesperson for ARC said it hoped the government would not delay in fulfilling its “pledge to try and review sexual abuse laws with regard to how victims are treated.”

“In addition, we also believe that further steps need to be taken to such a review. [These include] reviewing and strengthening the current institutions and existing services,” the NGO spokesperson said.

ARC has also called for reforms of the juvenile justice system and reform of the current protection mechanisms provided to minors who are kept in state run institutions, such as homes and foster programs.

A spokesperson for the NGO claimed such reviews would be vital to help ensure the protection measures are “gender sensitive, non-intimidating and safeguard children’s access to justice.”

“We concerned that the government budget for 2013 saw a huge decrease in the area of social protection, which will strongly impact work in this field,” the spokesperson added.

Legislative support

ARC identified a lack of specific legislation protecting rights for children and adults – despite the Special Measures Act 2009.

The spokesperson for ARC said a lack of a comprehensive laws on child’s rights, coupled with a general reluctance by witnesses and professional to testify in court, highlighted wider challenges affecting reforms to abuse cases.

“ARC believes that in the event that a need for testifying in a court of law is required, every person should make this a moral obligation/duty to give their full cooperation to the authorities/courts,” the spokesperson said.

According to the NGO, another important challenge urgently needing to be addressed was a perceived disparity between how child abuse cases were being investigated in the capital Male’ compared to the country’s outer atolls – particularly in regards to the use of evidence and psychological support.

In cases where the police or judiciary were dealing with minors, ARC said more training was needed to ensure children were being dealt with sensitively during investigations or trials.

“It is imperative that if the child has to be taken for questioning to a court or by police officers, it has to be ensured that the surroundings are child friendly and that all officials dealing with the child have received adequate training and experience to sensitively deal with children,” said the NGO spokesperson.

ARC said it hoped the government would provide greater room for civil society to play a role in shaping future legislation, adding that NGOs themselves needed to show greater cooperation on key issues.

“While it is encouraging that more civil society groups are being active on social issues such as this, there needs to be a stronger collaborative mechanism between them, particularly in efforts to raise awareness,” the NGO spokesperson added.

ARC said it had been conducting ongoing awareness campaigns to make the general public aware that child abuse was not just related to physical or sexual attacks, but also verbal and emotional torment that could have long terms impacts on the development of a minor.

“While child abuse cases have been increasing, it is also important to recognise the many numbers of unreported cases. We have placed billboards in Male’, and will soon air a public service awareness [advert] to emphasise that suspected child abuse must be reported and not overlooked, and also familiarise people with the reporting numbers of both the child helpline and police helpline,” stated the ARC spokesperson.

“We have also highlighted that people can maintain anonymity when reporting, which is often one of the reasons people hesitate to report such cases, particularly in a small society like the Maldives.”

High profile cases

Just last week, the Maldives high Court rejected a request to take a local man into custody over the alleged abuse of an 11-year old relative, despite the male suspect having previously been held under house arrest at the same property in which his alleged victim lived.

The Prosecutor General (PG’s) Office confirmed that following a remand hearing on Tuesday (February 5), the suspect had been released from house arrest – with no restrictions placed upon his movement ahead of his unscheduled trial.

The remand hearing took place at a time when the PG’s Office is already facing government criticism for pursuing a case against a 15 year-old minor on charges of having “consensual sexual relations”.

The 15 year-old presently facing charges of having “consensual sexual relations” has also been identified as the victim of child sex abuse in an unrelated criminal case also being pursued by authorities.

The two cases are the latest in a line of high profile sexual abuse trials concerning minors, which have been met with international condemnation.

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UNHRC expresses concern over threats to civil society organisations: MDP

The Maldivian Democratic Party (MDP) has highlighted concerns raised by the UN Committee on Human Rights (UNHRC) that civil society organisations in the Maldives have allegedly received threats after submitting evidence to the inter-governmental body.

According to the MDP, the warning came during the closing stages of the Committee’s consideration of the Maldives’ report on its implementation of the International Covenant on Civil and Political Rights (ICCPR).

Home Minister Dr Mohamed Jameel and State Minister for Foreign Affairs have spent the last few days defending the country’s human rights record before the committee, which received a series of reports critical of that record from numerous local and international organisations.

An emergency point of order was raised by the Vice Chair of the Committee during the closely stages of the committee hearing.

The committee had, the Vice Chair said, “received extremely worrying reports that civil society groups in the Maldives which gave information for this meeting have been the subject of threats as a result. This includes the worst kind of threat – the threat to life,” the MDP cited in a statement.

Reprisals against such organisations and individuals for cooperating with international human rights bodies was a serious concern, the panel noted, and urged the government to ensure civil society was protected.

The MDP noted that with the statement, the Maldives had joined other States to have received such warnings including Bahrain and Sri Lanka.

President’s Office Spokesperson Abbas Adil Riza told Minivan News that the government had “received complaints” from former Maldives High Commissioner to the UK, Dr Farhanaz Faizal, “that she has been receiving death threats, and we have brought this to the attention of the High Commission in London and the police.”

Minivan News was awaiting clarification from Dr Faizal at time of press.

Helios submission

Separately, Minivan News obtained an email sent by President’s Office Media Secretary Masood Imad to the Helios Life Association, a Swiss-based NGO which submitted a report to the UNHRC claiming that “the growing political and institutional influence of radical Islamic groups has undermined the Maldives’ progress towards realisation of rights guaranteed under the ICCPR.”

The Helios report noted that “this growing radicalisation resulted in the creation of a coalition of political parties in December, called the 23rd December Coalition for the Defence of Islam.

“As well as extremist religious elements, the 23rd December Coalition comprised of a range of political groups and individuals linked to the country’s former autocratic leader, Mr Maumoon Abdul Gayoom. The Coalition had been formed in direct opposition to the observance of international human rights law, particularly to the undertaking given at the UPR process that a national debate will be held on ending forms of punishment not consistent with Article 7.”

The report drew the Committee’s attention to the visit of the UN High Commissioner for Human Rights, Navi Pillay, to the Maldives and the vitriolic reaction to calls she made for a moratorium of the flogging of women for extramarital sex.

“The [December 23] Coalition proceeded to carry out a coup d’etat on February 7, which was executed by elements of the army and police loyal to Mr Gayoom, his close allies and former members of his government, and other parts of the 23rd December Coalition, following a call by the then Vice‐President, Dr Mohamed Waheed, to ‘defend Islam and the Constitution’”, the Helios report alleged.

“The coup saw elements of the police and army threaten the Maldives’ first democratically‐elected President, Mr Mohamed Nasheed, his family and colleagues from the ruling Maldives Democratic Party (MDP), with physical harm or worse unless he resign by a certain time.”

In the email sent to the Helios Association, Imad asks the organisation’s President, Dr Anna Barchetti Durisch, for the “names and positions” of the report’s authors, and whether a delegation from the organisation had visited the Maldives to assist in the drafting.

Speaking to Minivan News, Imad said that the picture on the front of the report – consisting of several police officers holding a baton to an old man with a bloody head injury – was a “fake picture” that had been photoshopped.

As for the report’s content, “much of it is biased. It sounded like a joke to me,” he said.

Pictured: The Helios report cover image the government alleges is fake.

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Don’t follow our example, Pakistani civil society warns Maldives

Civil society organisations in Pakistan have expressed alarm over the political crisis in the Maldives, urging the country not to make the same mistakes as Pakistan and calling for the Maldives’ suspension from SAARC until democracy is restored.

Civil society activists from organisations including the Pakistan Institute of Labour Education and Research, the Pakistan Fisherfolk Forum, Sindh Development Forum, former Supreme Court judge Nasir Aslam Zahid and human rights activist Iqbal Haider addressed the Maldives’ situation at a joint press conference on Saturday.

“At least two countries in South Asia – Pakistan and Bangladesh – that have faced martial laws and coups in the past know very well how people suffer when democracy is brought down,” the civil society representatives said, according to newspaper Pakistan Today.

“We believe that democracy and governance are two different matters and the failure of governance should not be equated with the failure of democracy. An elected regime is brought in by the efforts and votes of the people through the institution of elections and the exit of an elected government should also follow the same procedure.

“There is no way use of force or coercion should be allowed to overthrow a democratically elected government. We also believe that if South Asia is to progress as a region, it will have to adopt democracy as a system of governance,” the representatives said.

“We also stress the need for the Pakistani government to take a strong stand with regards to the events in the Maldives. There are a lot of similarities between the Maldives and Pakistan. Like the Maldives, the elected government of Pakistan too came to power after a very long struggle against military rulers that had held power unconstitutionally for a long time,” they said.

The Pakistani civil society representatives warned that the Maldives was now following the same path of decline that had mired Pakistan in political, religious and economic turmoil.

“The growing strength of religious forces in the Maldives seeking to assert their political prowess and their role in the overthrow of the government is also a point where Pakistan could relate to its South Asian neighbour. The elected governments in Pakistan have battled and are still struggling with the same phenomenon.

“South Asia, as a region, has lost resources and valuable time over the quest by powerful military institutions to assert dominance over the state. This has to be discouraged and a culture of promotion of democracy needs to be cultivated,” the representatives stated.

“We also urge the government to call for the activation of the SAARC mechanisms to prevent the undemocratic move in the Maldives. A joint stand from the platform of SAARC needs to be taken to condemn the events in the Maldives. We also urge all South Asian publics to take this matter seriously and support their respective governments in condemning the action.”

Civil society organisations in the Maldives have been noticeably quiet since the controversial events of February 7-8.

Off the record, several civil society figures have said they have avoided making a stand for fear of politicisation.

“I don’t think taking the right stand means we are politicised,” said another, on condition of anonymity.

“To be frank, we’ve really tried to work on these issues but we’ve hit a wall with the media, [particularly broadcast]. We’re just not getting the time and attention we used to [under Nasheed’s government].”

Several NGOs, including Transparency Maldives, the Maldivian Democracy Network, the Maldives NGO Federation and Democracy House sent a letter to new President Dr Mohamed Waheed Hassan on February 29 – three weeks later – requesting observer status on Dr Waheed’s Committee of National Inquiry (CNI) into the circumstances surrounding the change of government.

The NGOs subsequently met with Dr Waheed and the CNI in an attempt to ensure the composition was acceptable to all political parties, as Nasheed’s MDP has currently boycotted the inquiry claiming it consists of key Gayoom loyalists.

The NGOs sent a second letter on March 15. Minivan News understands that they are still awaiting a reply.

“The onus is on the President to change [the composition], as the CNI has said it cannot,” said an NGO representative.

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Democracy growing, but gender equality a key issue: UNDP

The UNDP International Day of Democracy was celebrated today under the theme “Youth Inclusion and Democracy” at the Nasandhura Palace Hotel. Representatives from the government, UNDP, and the Human Rights Commission spoke on democratic progress in the Maldives.

Youth in civil society were widely recognised as a key factor for democratic growth in the Maldives.

UN Advisor on Social Cohesion and Governance, Ferdinand von Habsburg-Lothringen, delivered the opening speech.

“Civil society in the Maldives is impressive. It is an important avenue for young people to engage with their community and to hold leaders accountable,” he said.

Habsburg-Lothringen noted that “democracy is still a new concept in the Maldives, and will take many years to mature,” and encouraged the Maldivian government to enact “crucial” laws, such as the penal code.

Gender equality remains one of the biggest issues in the Maldives, said Habsburg-Lothringen. He noted that only 5 of the 77 MPs are female.

“Gender equality is an area in which the Maldives is lagging behind most countries in achieving the Millennium Development Goals (MDGs),” he said. “Democracy is dependent on not just 50 percent of the people. With only half of the eligible work force participating, growth will not flourish in the Maldives.”

Home Minister Hassan Afeef called this year’s theme “relevant to the country – a majority of our population are young people.”

The ceremony featured a presentation of the report, “Comprehensive Study on Maldivian Civil Society” by FJS Consulting.

Managing Director Fareeha Shareef summarised the report’s findings on CSOs in the Maldives. Among the issues addressed was the disorganised categorisation of CSOs.

“The government is trying to provide aid but the structure of how to do it is not specified,” said Shareef. “Some sports clubs and organisations didn’t even engage in sports activities,” she said.

Shareef also commented on the CSO sector’s unique work force. According to the report, only 0.7 percent of employees are paid, and the average employee is age 25 with an education ranging between grades 6 and 10. There are 1100 CSOs registered in the Maldives.

Funding is also a struggle. The report found that donors were the least common source of funding, and many CSOs organise events to generate income. One example was a CSO that went fishing to generate program funding. The report notes that these events only cover about 30 percent of the total program cost.

The report recognises that the Maldives has the resources to support a strong civil society, but recommends bringing in older employees to provide guidance. “Imagine the potential of the sector if the resources were channeled in an effective manner,” said Shareef.

Chief Guest speaker Mariyam Azra Ahmed, Chair of the Human Rights Commission, said “a vibrant civil sector and independent media, among others” were essential for growth. She also advised a stronger dialogue between citizens and the government. “Lifestyles incorporating compromise, cooperation, and consensus building should be a consistent, recurring feature in  a democratic society,” she said.

The event included a performance by musician Yes-e and singer Grey, for whom the performance was her debut. “I was a bit nervous, and the audience wasn’t very lively, but it was a good event,” she said.

Following a tea break, a vigorous student debate was widely attended by members of civil society, UNDP, and the government. Gesticulating throughout the debate, the students of Aminiya and Dharumavatha schools demonstrated passion and ambition for democracy in the Maldives.

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UNDP awards US$79,862 to local CSOs in small grants program

The United Nations Development Program has awarded US$79, 862.95 to the 13 winners of the “Support to Civil Society Development” program in the Maldives.

The winning projects, supported by the Small Grants Facility and jointly funded by the UNDP and Australia Agency for International Development (AusAID), were designed by local CSOs and selected out of 54 proposed projects.

United Nations Resident Representative, Andrew Cox, spoke at the UN building today. Cox called civil society a “pillar of democracy”, and a significant factor in democratizing the Maldives. He commented on the large scale changes the country has faced in recent years, and called the Maldives “a country which shows much scope for growth and maturity.

This is the second round of projects in the program. Monitors of the first round had determined that the program was constructive, Cox said.

“Initiatives such as the Monitoring of Political Violence in the First Local Council Elections project, The Empowerment of Women project and The Right to Empower project – among the 09 projects funded in the first round, have indicated steps taken in the right direction by the civil society,” he said.

The second round of projects were selected from 11 atolls, including Raa, Baa, Noonu, Addu City, Malé City, and others. Almost every atoll in the country is represented in the selection.

Among the areas the program intends to address are human rights, governance, gender equality, and youth development. Cox added that the tenets of democracy, such as transparency, accountability, and the voice of the people will be empowered.

Cox backed the program by invoking the Maldives government’s Strategic Action Plan, “which guarantees that space will be allowed for individual freedoms and the civil society to thrive.”

In closing, Cox reminded his audience that significant challenges to establishing a full  democracy remain in the Maldives, but that they can only be overcome by the united efforts of the people. Cox reinforced the UN’s committment to supporting the Maldivian people in their pursuit of a consolidated democratic identity.

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Comment: Toothless Civil Society

When a people’s liberties are suspended whenever there is an emergency, there is a word for that: dictatorship. There is a line between democracy and dictatorship – and over the course of the last week we came dangerously close to stepping over it.

Not necessarily because of the President’s actions, the incarcerations, or the now common place parliamentary upheaval, but because those who should have spoken out remained silent.

Yes, you in the civil society need to raise your voices. Raise your voices to demand explanations, protest abuses, and safeguard the right to criticise a sitting government.

Instead of raised voices, however, we have only heard silence. And this started from the moment this affair began. The President’s office holds a press conference where the entire cabinet resigns, the President asserts his supreme authority to find justice, and what does the media say? Do they question the legitimacy of the action? Do they ask what this will mean for the peace in this nation? Or even whether the government expects demonstrations in retaliation and how the President (now the only civilian authority over the police and army) will respond?

No. They stay silent. Well, practically silent. The hardest hitting question was “does this mean your government is a failure?”

Really? Good job guys.

But who can blame the fledgling media groups in this nation. Unaccustomed to true democracy, they are not the ones who are directly tasked with protecting and asserting our democratic rights and ensuring this transition from autocracy to democracy actually works out. Who does this benevolent task fall to?

Civil Society

Organisations such as Transparency International, Democracy House, Open Society Association, and the newly renamed Maldivian Democracy Network all claim to safe guard democracy.

To work for its betterment – and yet civil society remained silent. Even Jamiyathul Salaf, who seem to have religious edicts about everything, stayed silent.

We have seen allegations of corruption first leveled by the executive branch against the legislative branch and then visa versa. We have not only seen wire-tapping where private conversations were recorded without warrants and outside of due process, but also seen them leaked to the public, indicating that civilian/partisan individuals had access to them.

We are witnessing a power struggle between executive and legislative branches with neither side realizing that they are both part of one government. And we see a judiciary that is caught in the middle and being accused of being susceptible to political influence.

We see the army working side by side with the police in the capital, outside of their mandate. We see all the things that would be any democracy fighter’s dream. The perfect excuse for a civil society group to put their two cents in, allowing them to claim they are meeting their own mandates. But instead we have silence and even some amount of fear.

The Fray

Civil society seems to be afraid of jumping into the fray. Of being labeled as being inclined towards one political party or another. Instead they give no comment and it is not hard for one to come up with excuses for why they should not comment at all.

Firstly, everyone must realise that this is a highly charged political atmosphere where any statement at all will be seen as aligning with one group or another.

Secondly, no formal charges have been brought against the three Members of Parliament (MPs) who have been detained. Instead, all that we have seen is allegations being flung about – none of which are easy to comment on.

And finally the questions: can’t there be levels to democracy? Where we move gradually towards it? After all, have any laws actually been broken?

The Other Side

The argument could be made however, that one cannot wait to evaluate. That civil society organizations are supposed to have principles and ideals that they adhere to above all others. And unlike political parties who can take time to organize, reflect, and adjust their values – civil society act on the basis of whether their values have been violated or not.

Does the MNDF’s involvement in everything that transpired adhere to their values? Was it okay for the MNDF to send a letter explaining why MPs could not go to Parliament in clear violation of their constitutional rights?

Was there any risk assessment that was done? And is there any level of alertness that we should be on? Do they have any questions about people’s conversations being tapped? Who else is being targeted? How does this feud between the executive and legislative affect the people? And who is responsible for failed policies?

My point is not that the executive branch has acted inappropriately, but rather that they have not been sufficiently grilled by the right people. My point is that civil society is an important part of our democratic transition, and right now they are slacking off.

I’m sure the government could post adequate answers to the questions posed, but my point is that the questions need to be asked in the first place from the right actors.

One Government

And it is also about more than just the executive branch. The civil society is responsible for explaining and helping us to define our government’s role. They are also responsible for reminding us that both legislative and executive branches are part of one government and that the failure of one aspect will make all of it fail.

We are in desperate need of this reminding. I walked out onto my balcony day before yesterday to watch protesters with underwear on their heads, supporting the arrest of our Deputy Speaker of Parliament – Ahmed Nazim.

These are protests that the nation believes is sanctioned by the executive branch. And they had underwear on their heads.

Forget the man for a second, and realize that Nazim is the Deputy Speaker of Parliament. He is third in the line of succession for the Presidency. And while it would be a black mark on our country’s record to have him in this position if he is in fact guilty of all that is accused of him, we cannot assume guilt. We cannot disrespect the office the people of this nation gave him. And we cannot forgo all measures of dignity and justice.

We are one government and should all be held accountable. And you, civil society, need to step up your game and live up to your values. Democracy’s survival is in your hands, and if it fails you will share the blame.

http://www.jswaheed.com

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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UNDP and AusAID target US$340,340 to building civil society

The Australian Agency for International Development (AusAID) and the United Nations Development Programme (UNDP) and have signed an agreement to boost civil society in the Maldives.

UNDP said the aim of the project would be to strengthen civil society organisations in the hope of promoting an open and democratic society.

The ‘Support to Civil Society Development’ project will particularly target smaller and more remote organisations at a grassroots level, as well as financially support NGOs in human rights, governance, rights-base development and gender equality.

“A strong civil society can only make a democracy stronger, by promoting dialogue, good
governance and even differing points of view,” said UNDP Resident Representative Andrew
Cox, in a statement.

“This project will be an important and practical step in bringing real support and building the capacity of Maldivian NGOs,” he said, acknowledging “the important role played by civil society organisations in
advancing the democratic process.”

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Maldives civil society ‘weak’, says Vice President

Civil society organisations in the Maldives are weak, according to Vice President Dr Mohamed Waheed Hassan, “and their ability to influence public policy is weak, if not nonexistent.”

Speaking at a seminar organised by the High Commission of Bangladesh in the Maldives titled “Democracy, Enterprise Building, Strengthening of Civil Society and Contributions of Expatriate Bangladeshi Workers in the Maldives”, Dr Waheed noted that NGOs in the Maldives “do not lobby for positions to change legislation or to influence public policy.”

Upholding democracy could not be left only to political and economic interests, he warned, suggesting that the government and international development partners needed to help civil society organisations strive towards independence.

Dr Waheed’s comments echo those of UN Resident Coordinator and UNDP Representative in the Maldives, Andrew Cox, in an interview with Minivan News last week.

“The UN can give out a grant of US$20,000 [to an NGO], and what they’ll do is buy a computer, pay for some travel and training and so on, then it’s gone and that’s it. What happens then?” Cox asked.

“This is a very important question that a lot of civil society organisation managers are thinking about – or at least I hope they are. Because in the end, international funding can’t be assured for anybody over time.”

Civil society organisations had “proliferated” in the Maldives in the last few years, “but now they need to move beyond that start up phase and become a bit more secure.”

Outside assistance could only go so far, he suggested, “and in the end civil society will only be strong if Maldivians embrace their own civil society and start paying for it. Some of that is about government funding, but much more of it is local philanthropy and gift giving – and earning the organisation that you’re associated with.”

It was imperative that civil society be healthy and self-sustaining, he noted, “because it gives you way of getting important things done in a manner separate to the politics.”

Ahmed Irfan from the Maldivian Democracy Network acknowledged that Maldivian civil society was weak and struggled for support, but noted that “on the other side, it is growing.”

“Local NGOs on many of the islands are actually supported quite well,” he observed, “but people aren’t used to the idea of funding nationwide NGOs. These groups, particularly those advocating human rights and democracy, are seen as being involved in partisan politics – people don’t understand that they’re not.”

Fathimath Nelfa from the Raajje Foundation, an NGO working to strengthen civil society in the Maldives, agreed that perceptions of partisanship were an issue, “especially for those NGOs promoting democracy and human rights, because these things were strongly promoted by the Maldivian Democratic Party (MDP).”

“Today a lot of civil society organisations are very critical of the government,” she said, adding that mistaken association with NGOs promoting these same values was “human nature” and would take time to fade.

“The more civil society is active, the more people will understand,” she said. “It will take time for some people’s perceptions to change – it took 4-5 years for people to know what democracy and human rights meant.”

Maldivian civil society “as a group” is not weak, Nelfa said, “but it needs resources, funding and especially technical assistance, such as more people trained in how to handle funds, write good proposals and liaise with donors. They don’t lack implementation.”

International organisations were “very important for this funding and technical assistance, particularly since the Maldives lacks the human resources,” she said.

For its part, civil society needs to proactively implement greater monitoring, financial auditing, evaluation of projects and reporting to donors, Nelfa suggested.

“Civil society organisations must become more disciplined,” she said. “If an NGO is disciplined and good at evaluating projects, then they should be able to use past donors as a reference.”

There were thousands of civil society organisations registered in the Maldives, but only a few were active in the media, she noted.

“Something like the bill on disability was very well discussed with civil society, and the media focus really publicised these organisations,” she said.

Correction: The Maldivian Detainee Network is now called the Maldivian Democracy Network. This has been amended.

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