Tag: cmag

Maldives crisis requires international assistance: former Foreign Minister Dr Shaheed

“I do not believe that the constitutional and political crisis in the Maldives will be resolved without international assistance,” former Foreign Minister Dr Ahmed Shaheed has told Minivan News today.

Dr Shaheed – currently UN Special Rapporteur on Human Rights to Iran – said he wished to correct local media reports claiming he had called for neighbouring India to intervene militarily to restore democracy in the Maldives.

“It does not have to be force – it can even be good offices,” he said, accusing media of distorting his comments.

Progressive Party of Maldives vice presidential candidate Dr Mohamed Jameel Ahmed meanwhile told local media that the comments were evidence of the “hunger for power” within the Maldivian Democratic Party (MDP).

“Calling for the Indian military to come to Maldives, I believe it is proof that they want power even by sidelining the country’s independence and sovereignty, through whatever means possible,” Dr Jameel told Sun Online.

Tension is growing in Male’ after the Supreme Court ordered the security forces to forcibly prevent any state institutions proceeding with the constitutionally mandated presidential run-off.

The poll was required under Article 111 of the constitution to take place on Saturday (September 28).

Controversy has nonetheless arisen over Shaheed’s remarks on twitter over the past few days, in particular a post from last Thursday (September 26)

CMAG must suspend the Maldives from CW n request India to invoke R2P!

— ahmed shaheed (@ahmedshaheed) September 26, 2013

Initial misinterpretation, argued Shaheed, was a result of Adhaalath Party Vice President Dr Mauroof Hussain distorting a previous message in which he had stated that an Indian takeover would be preferable to one led by local ‘takfiris’ (Muslims who label other Muslims apostates).

Shaheed – noting that local media had run a second article in which he said corrected some of the mistakes made in the first – called on the Commonwealth to take a more proactive stance on the Maldives.

“My tweet on R2P was aimed at the Commonwealth, asking it to suspend Maldives from the Commonwealth and further asking it to invite India to play a more proactive role in restoring Constitutional authority in the Maldives.

“When the Supreme Court has been hijacked by thugs and bandits, the time has come for the Platonic question – who shall guard the guardians? The answer is CMAG, R2P and UN resolution 44/51,” said Dr Shaheed.

He called for a Commonwealth process, and noted that the R2P doctrine itself mandates a UN process, thereby ruling out any unilateral intervention.

Initiatives and resolutions

The R2P initiative is intended to address the international community’s failure to stop genocides, war crimes, ethnic cleansing and crimes against humanity. It views sovereignty as a responsibility rather than a right.

Former Foreign Minister Shaheed also suggested that UN resolution 44/51 could be invoked to invite Indian assistance to restore constitutional authority in the Maldives.

Resolution 44/51, which was introduced by the former Foreign Secretary Ibrahim Hussain Zaki in 1989, is titled ‘Protection and security of small island states’.

The Maldivian initiative was brought before the General Assembly after the attempted coup by Tamil mercenaries in Male’ the year before.

The resolution stated the General Assembly’s appeals to “relevant regional and international organisations to provide assistance when requested by small states for the strengthening of their security in accordance with the purposes and principles of the [UN] Charter.”

The subsequent paragraph also calls on the Secretary General to pay special attention to the security situation of small states.

UN Secretary General Ban Ki-moon had stated his concern about the Supreme Court’s decision ordering the postponement of the second round, given that the first round was “widely recognised as a success by international and domestic election observers.”

“The people of the Maldives have exhibited great patience and should have the opportunity, without undue delay, to exercise their vote,” he stated.

International processes

Expressing concern at recent events in the Maldives, the Commonwealth Ministerial Action Group (CMAG) last week “urged all those concerned to ensure that the second round of the election is held at the earliest possible date so that this constitutional requirement is met.”

Following last week’s CMAG meeting, Acting Foreign Minister Dr Mariyam Shakeela urged the group to “take matters in proper context, and not to over-react on delicate situations in member countries”.

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CMAG expresses “concern at developments” in the Maldives following first round of polling

The Commonwealth’s human rights and democracy arm has “expressed concern at developments” in the Maldives following the first round of elections.

The Supreme Court last week suspended the run-off election indefinitely after the third-placed candidate with 24.07 percent, Gasim Ibrahim, demanded the vote be annulled alleging widespread electoral fraud and declared “God Willing, Gasim will be President on November 11″.

The party of second-placed candidate Abdulla Yameen – the Progressive Party of the Maldives (PPM) which attained 25.35 percent of the vote behind front-runner Mohamed Nasheed’s 45.45 percent – backed Gasim’s court case. Attorney General Azima Shukoor – formerly Yameen’s lawyer – also intervened against the Elections Commission (EC). A verdict is expected at the next hearing.

The Commonwealth Ministerial Action Group (CMAG) on Friday meanwhile noted that its election observation team had determined the September 7 polls were “a credible electoral process and met the standards for democratic elections to which Maldives has committed itself.”

“Ministers further noted that national and other international observers had concluded that the 7 September election was competently administered, and that the Maldivian people had been free to express their will through the ballot,” CMAG stated.

“In this context, CMAG Ministers expressed concern at developments since the declaration of results of the first round poll, with one unsuccessful party having filed a case with the Supreme Court to annul the first round of the election because of alleged electoral fraud, and the Supreme Court subsequently issuing an injunction to delay the second round of the election until a court ruling is delivered in that case,” the statement read.

“Noting that, under the Constitution of Maldives, a new President is required to be sworn in by 11 November 2013, CMAG Ministers urged all those concerned to ensure that the second round of the election is held at the earliest possible date so that this constitutional requirement is met,” the statement added.

Following CMAG’s meeting in New York on Friday, Canadian Foreign Minister John Baird joined Maldivian pro-democracy demonstrators outside the Australian consulate.

Following the Supreme Court’s indefinite suspension of the election last week, Baird in a statement had warned the delay was “troublesome and can only lead to more instability”, and pushed for the Maldives to be put on CMAG’s formal agenda.

Canadian Foreign Minister John Baird with Maldivian demonstrators

Government responds

The Maldivian Foreign Ministry meanwhile put out a statement noting “media speculation” that the Maldives could be placed on the group’s agenda.

“The current political situation in the Maldives is one in which the Government is upholding constitutional supremacy, and the rule of law. Therefore, questions about placing the Maldives on the formal agenda of the CMAG are nothing more than speculations and have no basis,” the statement read.

Acting Minister of Foreign Affairs Dr Mariyam Shakeela represented the Maldives at the CMAG meeting, “and advocated on the need for reforming the Group in order to make the body a more effective and credible one that can help, not hamper, democracy consolidation in the Commonwealth member countries,” the statement read.

“The Minister also highlighted on the need for the CMAG to take matters in proper context, and not to over-react on delicate situations in member countries,” it added.

Following the meeting, Minister Shakeela “expressed pleasure about the deliberations and noted that as a member of the CMAG, the Maldives believes that the Group’s credibility can only be maintained if careful, considered, and impartial decisions are made on critical issues of importance relating to members of the Commonwealth.”

Deputy Leader of Gasim’s Jumhooree Party, Dr Ibrahim Didi, was meanwhile quoted in Sun Online as calling on CMAG not to “enslave or threaten” the Maldives.

“We are ready to leave the Commonwealth if necessary,” Sun reported Didi as saying.

“Some Maldivians think we will starve if we leave the Commonwealth. But this won’t happen. Some people think it is a big organisation and that if they cut assistance we will starve. The Commonwealth have only given us a few diploma courses,” he stated.

Indian High Commissioner summoned

The Maldivian government has also summoned Indian High Commissioner Rajeev Shahare to express what Sun Online reported was “discontent” over the High Commissioner’s meeting with Elections Commissioner (EC) Fuwad Thowfeek on Friday.

Shahare met with Thowfeek at the EC shortly before the building was surround by police, carrying orders to take over the building and ballot papers should EC staff continue with preparations for holding Saturday’s scheduled election.

Sun reported a Foreign Ministry official as stating that Shahare met with officials at 7:00pm on Friday.

“We had a meeting with the Indian High Commissioner [Friday] night, but we cannot reveal details of the meeting,” Sun quoted the official as saying.

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Government paid Baroness Scotland £50,000 in excess of agreed consultancy fee

The government paid former UK Attorney General and member of the House of Lords, Baroness Patricia Scotland, £50,000 (MVR1.25 million) in excess of an agreed fee for legal advice concerning the Maldives’ suspension from the Commonwealth Ministerial Action Group (CMAG), the 2012 audit report of the Attorney General’s Office (AGO) has revealed.

The audit report (Dhivehi) made public yesterday (June 11) revealed that a terms of reference (ToR) to hire an unnamed foreign legal expert was signed by the AGO on May 28, 2012, after the Maldives was suspended from CMAG – the Commonwealth’s human rights and democracy arm – and placed on its formal agenda following former President Mohamed Nasheed’s allegation that he resigned “under duress” on February 7, 2012 amid a violent mutiny by sections of the police and military.

Auditors discovered that the legal expert – revealed in the media at the time to be Baroness Scotland – was paid £50,000 without signing a formal agreement in addition to a consultancy fee of £75,000 (MVR 1.81 million) agreed upon in the ToR.

“The Attorney General’s Office informed [auditors] that the fee paid in excess of the agreed upon fee was for further advisory and drafting work that was required,” the audit report stated. “However, we note that this additional legal advice could not be discerned [from any documentation].”

As the additional fee was 66 percent of the consultancy fee included in the ToR, “this office believes that the work could not be done without both parties signing an agreement in accordance with section 8.22 of the public finance regulations.”

Section 8.22 stipulates that consultancy work needs to assigned on the basis of a contract with specific terms mutually agreed upon.

Auditor General Niyaz Ibrahim therefore recommended legal action against the responsible officials as the excess amount was paid in violation of article 47(b) of the Public Finance Act.

The audit report also noted that the AGO spent MVR108,902 (US$7,062) on plane tickets and accommodation for Baroness Scotland and her assistant for a visit to the Maldives, despite the lack of provisions for the expenses in the ToR.

The Auditor General’s Office recommended that such expenses for amenities along with fees for any additional work should be stated in the contract.

The report also revealed that the AGO spent MVR 16.9 million (US$1 million) in excess of the annual budget for the office approved by parliament.

A total of MVR 16.3 million was spent with approval from the finance ministry for consultancy work by foreign legal experts, the report noted.

The Auditor General’s Office contended that the expenditure in excess of the approved budget was in violation of article 96(c) of the constitution, the Public Finance Act, and public finance regulations.

Article 96(c) of the constitution states, “No supplementary expenditures shall be added to an approved budget without further approval by the People’s Majlis. Expenditures included in the budget shall be applied solely for the specified purpose.”

Among the cases for which the AGO sought foreign legal assistance were the termination of a concession agreement with Indian infrastructure giant GMR to develop the international airport, disputes concerning a border control agreement with Malaysian firm Nexbis and payments owed for the “Maldives Asset Tracing, Recovery and Repatriation Engagement” investigation launched in 2010 by the now-dissolved Presidential Commission.

The audit report revealed that a ToR was signed with a Singaporean law firm on March 1, 2012 for legal assistance concerning the contract disputes involving GMR and Nexbis.

Following the cancellation of the concession agreement with GMR, the law firm was retained under a second ToR for the arbitration process currently ongoing in Singapore.

The audit found that neither the fee nor expenses for the lawyers were stipulated in the ToR as required under section 8.22 of the public finance regulations.

Instead, the Singaporean law firm was to bill the AGO for its services at a price of its choosing, the report stated.

The AGO paid the firm a total of MVR 7.1 million (US$460,440) in 2012 for legal assistance and other expenses.

A British lawyer was also hired in November 2012 until the conclusion of the arbitration process involving the GMR contract without signing an agreement stipulating the price as required by the public finance regulations.

The AGO paid the lawyer MVR 1.2 million (US$77,821) in 2012.

The Auditor General recommended legal action against the responsible officials at the AGO in accordance with article 48 of the Public Finance Act.

Among other cases flagged in the audit report as ostensible violations of public finance law, auditors discovered that the AGO spent MVR 76,810 (US$4,981) for purchases and services without approval from senior officials as required by section 8.05 of the public finance regulations.

Moreover, the AGO bought airplane tickets worth MVR 45,994 (US$2,982) without seeking prices from at least three parties as required by section 5.03 of the public finance regulations.

Baroness Scotland

In August 2012, Minivan News obtained the terms of reference document for the contract, which was signed by then-Deputy Attorney General, Aishath Bisham, who succeeded Aishath Azima Shukoor in April 2013.

The leaked document also included a letter in Dhivehi sent from the Attorney General’s office to Finance Minister Abdulla Jihad requesting authorisation for Baroness Scotland’s “unprecedented work/expense” following her visit to the Maldives.

“There was no contract made. With this letter we ask if attached terms of reference are sufficient as a contract,” the AGO wrote.

Following media reports in the UK, then-Attorney General Azima insisted that the expenses for Baroness Scotland were made out of the proper budget code with approval from the finance ministry.

Baroness Scotland came under fire in the UK press after the story emerged in the Daily Mail. The Mail established that the peer and former Attorney General had not listed the payment from the Maldives on the House of Lords’ register of members’ interests.

“Her entry says she has set up a firm to provide ‘private consultancy services’ but says it is ‘not trading at present’,” the Daily Mail reported.

In a statement, Baroness Scotland confirmed she had been “instructed by the Attorney General of the Maldives to give legal advice”, and slammed the leak of the terms of reference and “all communications passing between myself and the Attorney General, whether written or oral, pertaining to the nature and extent of that advice, as confidential and legally privileged.”

She additionally claimed to have been approached by both the government and the opposition, and said she had accepted an invitation to chair a roundtable “at which all parties are to be invited.”

“I am a senior barrister with specific expertise in the area of constitutional law, criminal and civil law reform, and am skilled in mediation,” she explained.

Baroness Scotland was previously scrutinised by the UK press in 2009 after she was found to have been employing an illegal immigrant as a housekeeper in her London home.

As the story emerged, MPs from the UK’s Conservative Party – which has long backed Nasheed and the Maldivian Democratic Party (MDP) – seized the opportunity to attack the former UK Labour Party Cabinet Minister.

Conservative MP Karen Lumley told the Daily Mail that is was “disgusting that a former British attorney-general should take a well-paid job advising the new regime, which has no democratic mandate. President Nasheed was overthrown in a coup and the Maldives is now very unstable. Many of my friends there have been arrested by the new regime.”

Conservative MP John Glen told the paper that Baroness Scotland should “hang her head in shame”.

“What happened in the Maldives was a military coup,” he said, adding that it was “outrageous” that the former AG should be “advising a regime responsible for ousting a democratically-elected president.”

Former Maldives High Commissioner to the UK, Dr Farahanaz Faizal, described the government’s employment of Baroness Scotland as “absolutely shocking. If the government wanted legal advice to support the AG’s Office, the proper way is to request the UK government bilaterally.”

“To think that someone of her calibre would undertake an assignment to check if Foreign Ministers of Australia, Canada, Bangladesh, Jamaica, and others of CMAG had acted against their mandate is disgraceful,” Dr Faizal said.
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Maldives resumes CMAG participation ahead of presidential elections

The Maldives government said it has been “welcomed” back as a fully participating member in the Commonwealth Ministerial Action Group (CMAG) during the group’s 39th meeting held in London yesterday (April 26) following its suspension last year.

Minister of State for Foreign Affairs Dhunya Maumoon stated this week that the invitation for the Maldives to attend the CMAG meeting reflected the “recognition” of the work by President Dr Mohamed Waheed government’s in “strengthening democracy in the Maldives”.

The opposition Maldivian Democratic Party (MDP) meanwhile said it understood the country’s participation in CMAG was a diplomatic attempt to ensure free and “inclusive” elections went ahead in September of this year. The opposition party contended that the elections were also expected to be scrutinised by a number of international groups including the Commonwealth.

The Maldives was suspended from CMAG – the Commonwealth’s democracy and human rights arm – back in February 2012 following the controversial transfer of power that saw former President Mohamed Nasheed resigning from office after a mutiny by sections of the police and military.

By September 2012, the suspension was revoked after a Commonwealth-backed Commission of National Inquiry (CNI) concluded the previous month that the transfer of power was legitimate, that former President Nasheed was not under duress, and that there was no police mutiny.

The findings were later accepted by former President Nasheed, albeit with reservations over evidence and witness statements he claimed had not been considered in the final report.

The stance was claimed to have been taken by the former president in order to facilitate the CNI’s recommendations concerning judicial independence and a strengthening of democratic institutions.

According to the Maldives government, CMAG is charged with reviewing “serious and persistent violations of the Commonwealth’s fundamental political values”.

Return to CMAG

Taking his place at the CMAG meeting on Friday, Minister of Foreign Affairs Dr Abdul Samad Abdullah joined his counterparts from Australia, Bangladesh, Canada Jamaica, Sierra Leone, Tanzania, Trinidad and Tobago and Vanuatu to review developments in Fiji as part of the group’s formal agenda.

According to a commonwealth statement, CMAG’s latest meeting was focused predominantly on ensuring democratic developments in Fiji, including calls for constitutional reform to uphold the rule of law, while also ensuring structures were in place for hosting “credible elections” where all political parties and candidates can contest fairly.

CMAG alos used the meeting to welcome the adoption of the Charter of the Commonwealth by various heads of government, as well as other key figures in the intergovernmental organisation.

“The charter reaffirmed the Commonwealth’s commitment inter alia to democracy, human rights, the rule of law, separation of powers, freedom of expression, good governance, tolerance, respect and understanding and the role of civil society,” read an official statement. “As the custodian of the Commonwealth’s fundamental political values, [CMAG] pledged to continue to promote these commonly agreed goals.”

Political solution

Following yesterday’s meeting, MDP MP and Spokesperson Hamid Abdul Ghafoor told Minivan News that considering national democratic developments, he believed the Commonwealth continued to expect three key requirements of the Maldives ahead of elections.

Ghafoor claimed that along with conducting the CNI last year, the Commonwealth has also required free and “inclusive” elections that would allow former president Mohamed Nasheed to stand as the MDP’s candidate. He added that September’s elections were also required to be monitored by experts such as a Commonwealth team in the run up to, and during polling.

Nasheed’s participation in the elections has been in doubt over his ongoing trial for the controversial of a Criminal Court Judge while he was in power – charges that could see him unable to contest in polls this year should he be found guilty. The trial is presently suspended pending a court ruling on the legitimacy of the establishment of the court and panel of judges chosen to overhear the case.

Ghafoor claimed that the MDP, despite previous concerns about the CNI, welcomed the Commonwealth’s commitments for “inclusive” elections, especially considering findings by a number of international legal experts disputing whether Nasheed could expects a free trial as a result of alleged politicisation in the country’s courts.

However, he added that the party also hoped for a transitional administration to replace President Waheed’s government ahead of September’s voting.

“The Commonwealth’s three requirements are welcome, but we would also like to see an interim arrangement that would see this coup administration out,” he alleged. “This is something we believe that can be achieved.”

Ghafoor said that he remained unsure if the Maldives, which last September was retained on the CMAG agenda under its “Matters of Interest”, was still being monitored by the body in terms of the nation’s commitments to human rights.

Ahead of the Maldives removal from suspension of CMAG last September, former Foreign Minister and current UN Special Rapporteur to Iran, Dr Ahmed Shaheed said at the time that the country’s removal from the agenda would be “a travesty” – accusing the government of committing “reprehensible actions” following the CNI report’s release.

“Things are not going well in the Maldives – the government is intent on persecuting Nasheed and the MDP (Maldivian Democratic Party)”, he claimed at the time. “They seem hell bent on repressing the people.”

Ahead of Friday’s CMAG meeting, several NGOs complied a so-called joint human rights brief accusing the Maldivian government of failing to create conditions conducive to free and fair elections

The International Federation for Human Rights (FIDH) and the Maldivian Democracy Network (MDN) alleged there were “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’.”

Meanwhile, Back in January this year, the Maldives was one of two countries to have been dropped from NGO Freedom House’s list of electoral democracies following the release of an annual survey of political rights and civil liberties.

Freedom House is an independent, non-government watchdog organisation dedicated to the expansion of freedom around the world. The NGO assesses and scores countries for political rights and civil liberties each year, and labels them ‘free’, ‘partly free’, or ‘not free’.

Contested inclusion

The Maldives government has continued to contest whether the Maldives should have ever been included on the CMAG agenda.

Minister of State for Foreign Affairs Dhunya Maumoon has previously claimed that the country’s inclusion has been a result of a “lack of understanding of the true events that transpired in the Maldives.”

“Some countries” had realised this error and accused Nasheed of influencing CMAG members, she alleged.

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 CMAG lacked a clear mandate to place the Maldives on its agenda.

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Comment: Gloomy outlook for CMAG

Outside Marlborough House on London’s Pall Mall yesterday, the sun shone brightly. Then the clouds rolled over bringing rain. There was a brief shower of hailstones before the skies cleared again to bring more sunshine.

Further down the street, I saw paint drying. I digress, but only to due to the fact that events outside of the 39th meeting of the Commonwealth Ministerial Action Group (CMAG) were eminently more interesting than those occurring inside.

After a short meeting, the group released a bland statement which would have disappointed both Maldivians and Sri Lankans who waited outside, urging the group to take action against their respective governments. Neither country even made it onto the ‘official agenda’ disclosed to the public, with discussions on Fiji being the only content that saw the shifting light of day.

After an allegedly dramatic meeting in New York last September, the Maldives was informed that it would be allowed to resume its current (rotating) membership of the group “in the absence of any serious concerns”.

The complete failure to mention the Maldives yesterday suggested that it had resumed its seat, a move which suggested the group was satisfied with the Maldives implementation of CoNI’s recommendations. However, the fact that the country is now placed on CMAG’s confidential ‘matters of interest’ list alongside Sri Lanka – a country facing universal condemnation for its failure to adequately investigate war crimes that have killed up to 40,000 people in 2009 – is hardly a ringing endorsement.

The secretive and often counter-intuitive nature of CMAG signifies a major dilemma as it attempts the private and painstaking art of diplomacy in the full glare of the world’s media. During Friday’s press conference, Secretary General Kamalesh Sharma batted away suggestions that the Commonwealth was out of step with the international community, whilst one disgruntled minister was reported to have commented during the meeting that they should not be held to ransom by human rights groups.

Throughout the press conference, there was a clear (but diplomatic) frustration with the media’s inability to appreciate the Commonwealth’s work.

“If anything, the Commonwealth is making a contribution to the international community because, if you look at who is making statements and who is doing the real work on the ground, you will be able to tell the difference. It is the Commonwealth who is on the ground and making a difference on those issues which most people are talking about,” bristled Sharma.

Diplomacy is by its very nature dull. It is about taking small steps, confidence building, discretion, and, above all, dialogue. The art of diplomacy and partnership is how the Commonwealth has always operated, and these are methods to which the supposedly beefed up CMAG is an anathema.

Apparent difficulties with the Maldives and Sri Lanka have made it abundantly clear that CMAG is doing the Commonwealth more harm than good. Steady (and secret) progress may well have been made in both cases, but without the ability to communicate this progress to the world, the Commonwealth’s credibility will inevitably suffer.

Sharma yesterday argued that the organisation’s “real work on the ground” was in fact increasing its credibility. This might true in the murky realms of statecraft, but any boosts to the Commonwealth’s integrity will come in spite of, rather than thanks to, the work of CMAG.

Sharma told the press that CMAG was choosing to work via his own ‘good offices’; diplomatic-speak for ‘behind closed doors’. Perhaps this is where the Commonwealth’s ‘real’ work should stay, as its attempt to be more proactive and relevant risk nullifying its strengths. Maybe the Commonwealth’s inner workings should be kept private and we could talk about the weather instead.

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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CMAG divided: Two hours of fighting before agreement on Maldives’ fate

A source close to the recent Commonwealth Ministerial Action Group (CMAG) meeting in New York has told Minivan News that severe divisions within the group regarding the Maldives’ status resulted in two hours of fierce debate before the wording of the final statement was agreed upon.

After discussing the meeting with three of the group’s delegations, the source revealed that it was the final paragraph regarding the Maldives’ situation which resulted what was described as prolonged “fighting”.

Paragraph 19 detailed the decision to “move consideration of Maldives in future to its agenda item ‘Matters of Interest to CMAG’”.

The reported divisions within the group shed further light upon the confusion which followed the release of the CMAG statement last week – five members were described as being “vehemently opposed” to removing the Maldives from its agenda.

“It was basically the Bangladeshi Chair versus the rest,” said the source.

After senior government figures as well as local media in the Maldives announced that the country had been removed from the agenda, CMAG member and Canadian Foreign Minister John Baird released a statement declaring his satisfaction that the Maldives remained on the agenda.

Earlier this week, Commonwealth Spokesman Richard Uku, told Minivan News that the Maldives was off the formal agenda and would resume its seat at the next meeting which is scheduled for April.

One of eight members in CMAG, the Maldives was suspended from the group in February after being placed on its investigative agenda.

“Being under the ‘Matters of Interest’ category simply reflects CMAG’s wishes to remain positively engaged. It should not be considered as a negative or punitive measure, because it is not,” said Uku.

“CMAG recognised the outcome of the Commission of National Inquiry report, reflecting the Government’s legitimacy,” he continued. “It recognised that there is more work to be done to follow up the CONI report recommendations to strengthen institutions.”

The source gave their own opinion of the outcome based their discussions with those present.

“The Maldives has been moved from one part of the agenda to another,” said the source. “The key wording in paragraph 19 was that the Maldives will resume its seat in April ‘in the absence of any serious concerns’.”

The source was told that this caveat alludes to Waheed’s agreement to pardon all politicians currently under investigation after allowing legal proceedings against them to be quickly concluded – Waheed reportedly told the group he could not stop legal proceedings.

The paragraph also hints at an alleged commitment made by Waheed to follow through with the CNI’s recommendations including prosecutions in relation to well-documented police brutality.

It is alleged that two of the group’s ministers have promised to walk out of April’s meeting should Maldivian Foreign Minister Dr Abdul Samad Abdulla resume his seat without these agreements having been adhered to.

Insulting CMAG

The meeting had been preceded by intense lobbying from both government and opposition groups regarding the Maldives’ inclusion on CMAG’s investigative agenda, reserved for those suspected of violating the Commonwealth’s core values of human rights and democracy.

Prominent figures in the government had suggested that, after having its legitimacy seemingly validated by the Commission of National Inquiry (CNI) report, the country should walk away from the Commonwealth should it not be removed from the agenda.

President Waheed echoed these sentiments in a speech given before a meeting during the United Nations General Assembly days before the CMAG meeting.

During the speech, Waheed took aim at the certain “powerful international actors”, describing them as serving “small justice to small states”.

Conversely, the opposition Maldivian Democratic Party (MDP) argued that CMAG’s revised mandate provided it with a remit to look beyond questionable changes of government to persistent violations of core Commonwealth principles.

Last week Foreign Minister and UN Special Rapporteur on Human Rights, Dr Ahmed Shaheed had predicted that CMAG would only remove the Maldives from its agenda if guarantees of free and fair elections were given.

The informed told Minivan News that Waheed was “grilled” by the panel for around 75 minutes, at one point being told that he was insulting CMAG with his seemingly contradictory answers.

The frustration of the Canadian representative when asking Waheed about persecution of opposition politicians was made clear in the press release the following day.

“President Waheed offered no substantial defence of these questions, which is a telling response in itself,” he said.

The source reported that some in the panel had felt the government’s argument for removal from the agenda due to the negative publicity it generated was “stupid”.

Regarding the reported agreement to pardon those politicians convicted in order for them to participate in next year’s elections, the source expressed concern that CMAG ministers may still have been “duped”.

“Ministers are not aware of constitutional clauses saying one year must pass after the pardon [before being eligible for elected office],” said the source.

The President’s Office had hinted previously that Waheed may consider clemency in the case of former President Mohamed Nasheed who currently faces charges of illegally detaining a judge and defaming senior members of the current government.

Nasheed failed to appear at the start of his criminal court trial yesterday, defying a travel ban to sail to the southern atolls for electioneering purposes.

Last week Nasheed’s MDP announced it would refuse to observe the authority of the courts until the judiciary is reformed as recommended in the final CNI report.

President’s Office spokesman Masood Imad was asked to give a government reaction to these allegations but had not responded at time of press.

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11,528 ‘concerned Maldivians’ asked CMAG for justice prior to Friday’s meeting

At Friday’s meeting of the Commonwealth Ministerial Action Group (CMAG) a petition was presented to the group’s ministers said to be representing “a group of concerned Maldivians” unaffiliated to any one political party.

The petition was signed by 11,528 Maldivians between September 18-24, who called upon CMAG to provide them with justice.

“The events of 6-7 February have however dashed all the hopes of the people that henceforth governments will change by free and fair elections,” read the letter.

“We are very disappointed…that the Commission of Inquiry found the transfer of power legal, and warranted to reinstate the power of the former dictatorship, which was ousted in the first democratic elections of 2008,” it continued.

“We plead that if Ministers are not in a position now to give us justice, at least to refrain from delivering us injustice. We hope that Ministers will give careful consideration to the reservations that have been expressed about the methods of work by the Commission.”

“We hope Ministers will not abandon the people of Maldives, and be with us until the genuine voice of the people are heard in a free and fair election,” it said.

The eventual outcome of the CMAG meeting saw the Maldives’ suspension from the group lifted, whilst it still remains on the group’s ‘matters of interest’.

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Canadian Foreign Minister “glad that Maldives remains on CMAG agenda”

“Canada with others fought to keep Maldives on the Commonwealth Ministerial Action Group agenda, and we are glad it remains there,” said Canadian Foreign Minister and member of the Commonwealth Ministerial Action Group (CMAG), John Baird.

“We will continue to focus on anti-democratic activities in the Maldives, especially in terms of police brutality, and intimidation of opposition parliamentarians,” said Baird in a statement released by the Canadian government.

“Canada is deeply troubled by the reported September 25 travel ban of former President Nasheed in Malé,” he added.

Baird’s statement evinces a level of confusion following CMAG’s decision yesterday to revoke the Maldives’ suspension from participation in the group’s affairs, whilst retaining it under the ‘matters of interest’ on its agenda.

Local media immediately ran with the headline “CMAG removes Maldives from official agenda” whilst the Home Minister Mohamed Jameel Ahmed tweeted, “Congratulating Maldives, CMAG has removed Maldives from its Agenda, it proves that the current government is for Rule of Law.”

Baird, present at yesterday’s meeting alongside President Dr Mohamed Waheed Hassan, expressed his concern at Waheed’s response when he was asked “about the persecution of 19 Maldives Democratic Party (MDP) politicians and party officials.”

“President Waheed offered no substantial defence of these questions, which is a telling response in itself,” said Baird. “Canada finds the declining state of democratic values in the Maldives alarming and deeply troubling.”

“The recently adopted Commission of National Inquiry report has raised substantial concerns about the independence of the judiciary. That too causes Canada grave concern as we strive to assure independent open elections in the Maldives,” he added.

The MDP last week documented such instances of perceived harassment in a press release titled “Immunity Watch Maldives”.

The CMAG meeting coincided with a nationwide demonstration by Nasheed’s Maldivian Democratic Party (MDP) in protest against Nasheed’s travel ban which the courts have defended as standard practice.

MDP spokesman Imthiyaz Fahmy told Minivan News that the 7,000 people marched around the island yesterday afternoon what he described as “one of the biggest [protests]  in recent times.”

He stated that there had been no confrontations with police, a fact confirmed by Police Spokesman Sub–Inspector Hassan Haneef who confirmed that there had been no arrests.

At the MDP’s National Executive Council, local media reported former Minister of Housing Mohamed Aslam as saying that Nasheed would not comply with the court-issued travel ban following the party’s decision to reject the authority of the courts.

“We are prepared to do the necessary to get him onboard. We are willing to sacrifice, to ensure that Nasheed does not lose his presidential candidacy. We will not give in. We are prepared follow Nasheed to prison,” Aslam is reported as saying.

Nasheed’s legal team expressed its deep concerns over the legality of the court’s procedures regarding Nasheed’s multiple trials regarding defamation of cabinet ministers and the detention of Chief Judge Abdulla Mohamed.

Nasheed was scheduled to travel to the Southern atolls as part of his campaign for the constitutionally mandated elections in 12 months time.

Imthiyaz confirmed that Nasheed would be travelling with the party on Monday although he was unsure as to whether the former president would be in court tomorrow for the first of his two defamation cases.

Nasheed had previously requested that the criminal case regarding Abdulla Mohamed be expedited and was reported as being keen to have his day in court.

Baird’s statement pledged Canada’s intention to “forcefully” raise its concerns at subsequent CMAG meetings in order to ensure the Commonwealth’s values of democracy, human rights and the rule of law are not violated.

CMAG’s power to protect these values was strengthened during a meeting of the Commonwealth Heads of Government (CHOGM) in Perth in 2009.

During a speech made during the United Nations General Assembly (UNGA) earlier this week, President Waheed made aimed a thinly veiled attack at the Commonwealth, questioning the 54-member organisation’s commitment to equity and the rule of law.

Previous expressions of concern regarding politicisation of the legal process made by Baird at the beginning of August were condemned by the Maldivian government as “one-sided” and “misleading”.

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Maldives’ suspension from CMAG lifted, remains on agenda as “matter of interest”

The Maldives is to remain on the Commonwealth Ministerial Action Group (CMAG)’s agenda under the item “Matters of Interest to CMAG”, however its suspension from the international body’s democracy and human rights arm has been revoked.

The decision means Foreign Minister Abdul Samad will be able to able to participate in CMAG affairs following the Maldives’ suspension in February over concerns about the nature of the transition of power.

A Commonwealth-backed Commission of National Inquiry (CNI) claimed in August that the transfer of power was legitimate, that former President Nasheed was not under duress, and that there was no police mutiny.

Despite significant reservations regarding evidence and witness statements that had not been considered, Nasheed said he was accepting the findings for political expediency. However it had, he said, left the Maldives “in a very awkward, and in many ways, very comical” situation, “where toppling the government by brute force is taken to be a reasonable course of action. All you have to do find is a narrative for that course of action.”

In the CMAG statement, “Ministers noted the report’s conclusion that the change of President in the Republic of Maldives on 7 February 2012 was legal and constitutional, but also that certain acts of police brutality had occurred during that period which should be further investigated. They looked forward to advice from the Government of Maldives on progress with those investigations.”

CMAG also “underlined their concern that all parties in Maldives needed to work towards resolving the climate of division and discontent in order to bring about lasting national reconciliation.”

“Ministers noted the importance of ensuring that the Majlis worked purposefully on critical legislation, without further risk of disruption. Ministers again urged against any actions that might provoke or incite violence.”

Nasheed is this week facing trial for defaming the Defence Minister Mohamed Nazim for describing him as a “baghee” (traitor), and detaining Chief Judge of the Criminal Court Abdulla Mohamed during his administration. Nasheed’s party have dismissed the charges as an attempt to convict and disqualify Nasheed from the upcoming Presidential elections, using courts loyal to the former 30 year regime.

“Ministers urged party leaders to commit to dialogue, paving the way to credible elections. Ministers emphasised the need to ensure that all parties and leaders are able freely to conduct election campaigns,” the CMAG statement read.

“In accordance with CMAG’s enhanced mandate, as agreed by leaders at the 2011 Commonwealth Heads of Government Meeting, Ministers further agreed that they would continue to engage with Maldives positively and constructively to support Maldives in advancing the Affirmation of Commonwealth Values and Principles, in particular in strengthening the judiciary, in the process of democratic consolidation and in institution building. In this context, Ministers asked the secretary-general to continue to brief the Group on progress in Maldives, including at CMAG’s next meeting,” read the statement.

“Accordingly, CMAG agreed to continue to monitor the situation in Maldives, and to move consideration of Maldives in future to its agenda item “Matters of Interest to CMAG”. Ministers looked forward to Maldives’ resumption of full participation at CMAG’s next meeting, in the absence of any serious concerns.”

On the agenda

The CMAG placed the Maldives on its formal agenda in February although President Waheed’s government has maintained that the group “lacked the mandate“ to to so.

Waheed’s government also spent £75,000 (MVR 1.81 million) on advice from former UK Attorney General and member of the House of Lords, Baroness Patricia Scotland, in a bid to challenge what they deemed was the Commonwealth’s “biased” stance on the Maldives, and has continued to express disapproval at what it terms “interference” by the Commonwealth.

“It is my belief that the Commonwealth and its institutions have treated us very badly,” wrote President Waheed’s Special Advisor Dr Hassan Saeed in a newspaper column.

“I would now argue that if CMAG does not remove the Maldives from its agenda, we should end our relationship with the Commonwealth and look to other relationships that reflect modern realities of the world.”

The Hulhumale Magistrate Court has meanwhile confined Nasheed to Male’ ahead of his trial this week. His legal team have expressed concern over a host of irregularities, such as the appointment of a panel of three judges not from the Hulhulmale court – that they say will deny the former President a fair trial.

The matter is likely to come to a head this week, after Nasheed’s party decided that it would no longer follow any orders given by the courts of the Maldives until the changes proposed by international entities were brought to the Maldivian judicial system.

The party said the decision was reached as to date, they had observed no efforts to improve the judicial system based on the recommendations put forward in reports released by numerous international organisations.

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