MDP to hold nationwide protest following Nasheed’s travel ban

The Maldivian Democratic Party (MDP) has announced its intention to conduct a nationwide protest on Friday following the decision to place former President Mohamed Nasheed under island arrest.

The Department of Judicial Administration yesterday told local media that the travel ban was “standard procedure” followed by all courts.

Nasheed has also been charged with two cases of defamation, for calling the Defence Minister and Police Commissioner traitors. He has been summoned to the Civil Court on September 30 in relation to the defamation charges.

The party has refrained from larger demonstrations since the release of the Commission of National Inquiry (CNI) at the end of last month.

In their observations, the CNI’s international observers were critical of the MDP’s tendency to demonstrate on the streets, describing it as “bully-boy tactics involving actual and threatened intimidation by a violent mob.”

Following apparent absolution by the CNI, the Maldives Police Service announced that it would arrest anybody found using the word ‘baaghee’ towards police.

Nasheed will also appear in Criminal Court on Monday, October 1, in relation to the detention of Chief Judge Abdulla Mohamed which preceded his ousting in February.

Should he be convicted of the latter offense, Nasheed would be constitutionally barred from standing in next year’s scheduled presidential elections.

The MDP – still the nation’s largest party by membership – has previously declared that it would boycott such elections should Nasheed be blocked from participating.

Tomorrow’s protest will coincide with a meeting of the Commonwealth Ministerial Action Group (CMAG) in New York, where the issue of removing the Maldives from the group’s investigative agenda will be discussed.

President Waheed’s government has insisted that the CNI’s verdict of ‘no-coup’ regarding the February transfer of power means the Maldives should be removed from the agenda, while the MDP have pointed out that institutional deficiencies exposed in the report demonstrate that the Maldives case still falls firmly within CMAG’s remit.

Whilst in New York, Waheed spoke before the United National General Assembly (UNGA) where he aimed a thinly veiled attack at the Commonwealth’s understanding of the rule of law during its recent dealings with the Maldives.

Impunity Watch

The restriction on Nasheed’s movements came days after the party released a document titled ‘Impunity Watch Maldives’.

The document, stated to be the first of a monthly summary of human rights violations, follows two damning reports earlier this month by both the International Federation for Human Rights (FIDH) and Amnesty International.

Amongst the figures included in the ‘Impunity Watch’, the report stated that the number of MDP MPs having faced prosecution or questioning by the government was now seven, a figure which party spokesman Hamid Abdul Ghafoor stated was a third of the party’s representation in the Majlis.

This number jumps to twenty nine if party officials are included such as Nasheed himself, and the party’s chairperson ‘Reeko’ Moosa Manik, who is facing charges of disrespecting the judiciary.

It lists the number of instances of police brutality against protesters since February 7 as 130 and the numbers detained by police in relation to opposition protests as 851.

The MDP criticised what it sees as the failure of the government or of United Nations Resident Co-ordinator Andrew Cox to condemn these human rights violations.

Meanwhile, the document gives the number of police officers arrested in relation to human rights violations as zero, as well as highlighting the case of one officer who was promoted twice after the Police Integrity Commission (PIC) recommended he be prosecuted.

PIC Chair Shahinda Ismail has named the officer in question as Ali Ahmed, stating that his promotions came after the commission had recommended his removal to the Home Minister.

“It is really upsetting – a huge concern – for me that the police leadership is showing a trend where unlawful officers are acting with impunity. This can only lead to further violence,” said Shahinda.

In the first of three PIC reports into the events surrounding the transfer of power, nine separate incidents were highlighted, with the commission unanimously pledging to pursue further legal action in five of the cases.

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‘Small justice served to small states’: Waheed speaks at UN

“Small justice is being served for a small state,” President Dr Mohamed Waheed Hassan has said during the meeting of the 67th UN General Assembly.

“It is regrettable, but true, that some powerful international actors have come out in public and instructed the Maldives to take certain measures contradictory to our laws,” he said.

The President’s speech came during a high level meeting designed to reaffirm global commitment to the rule of law in order to further the UN’s goals of international peace, human rights, and development.

“We believe that the story of the Maldives needs to be told. It is a lesson to be learnt by other small states. The application of the rule of law is to protect the smaller and the weaker; to prevent small justice being served to small states,” said the President.

“The world’s small states cannot afford to be complacent. Our experience in dealing with the powerful international actors in the past few months has not been pleasant. If we do not stand up, and draw your attention to the injustices, the next could be one of you,” Waheed said.

A draft declaration agreed upon at the meeting included the recognition that the rule of law applies to all states equally.

Referring to the requests received from the international community during this year’s political turmoil in the Maldives, Waheed said that “powerful international actors” had instructed the Maldives to take certain measures contradictory to its laws.

“We were asked bring to an end a Presidential term and hold elections even if they were not allowed under the Constitution. We were asked in no uncertain terms to abide by such instructions even if it meant amending the Constitution,” Waheed told the meeting.

“We are being asked to withdraw certain criminal cases filed by independent state bodies for crimes as serious as the armed forces abducting and keeping in isolation, a serving judge. We were told to take these measures for the good of the country,” he continued.

The most notable group’s calling for early elections following the controversial resignation of President Mohamed Nasheed in February came from the European Union (EU) and the Commonwealth.

“When we questioned these instructions, the Maldives was labelled as an uncooperative State, casting doubt on the country’s democratic credentials. We were placed on an international watch-list, without due process,” said Waheed.

Commonwealth experience

Waheed’s visit to New York will also see him attend the Commonwealth’s Ministerial Action Group (CMAG) meeting which is scheduled to deliberate upon whether the Maldives will be kept on its investigative agenda.

The government has persistently questioned CMAG’s ability to place the country on this list of nations – reserved for those suspected of violating the Commonwealth’s core values.

Following last month’s Commission of National Inquiry (CNI) report, which appeared to have absolved the current administration of being involved in what had been termed by many a coup, the government has again strongly urged its removal from the agenda.

The composition of the CNI itself was amended after pressure from the Commonwealth.

Waheed’s speech reiterated arguments made in a government statement sent to CMAG earlier this month.

“These are clearly punitive measures against a country whose economy is dependent on its image. The labelling has resulted the Maldives losing significant investments, external loan financing, and foreign tourist arrivals into the country,” he said.

“This has also encouraged domestic unrest. It has choked the country’s governance system and crippled our infant democracy,” Waheed added.

The Maldives’ tourist industry figures show that growth has continued this year, with arrivals increasing by 2.9 percent up to August compared with the previous year.

However, 2012’s year on year growth has slowed significantly when compared with last year’s rate of 18 percent at the same point.

China, whose growing tourists to the Maldives offset falling arrivals from Europe, agreed a package of concessional loans and aid worth US$500million earlier this month.

Concerns over investor confidence in the country have become focused on the airport development deal with Indian company GMR – the largest in the nation’s history. Pro-government political parties have repeatedly called for the airport’s nationalisation.

Significant investment in the renewable energies sector was also said to have been lost this year as a result of the country’s political instability.

“As one of the smallest countries in the world, there is very little we could do politically to counter the pounding that we are subjected to by some international partners. We lack the political and economic might of the larger states to counter the weight of these international players. There is no recourse available for small states like the Maldives. We were not given a fair hearing, or the benefit of doubt,” Waheed said.

“We do recognise that international organisations play a valuable and indispensable role in promoting the rule of law. Small states, like the Maldives, value our membership of international organisations. We depend on them to advance our interests and values. We expect them to work with us in promoting the rule of law.”

International Spokesman for Nasheed’s Maldivian Democratic Party (MDP) Hamed Abdul Ghafoor described the speech as a “sob story”.

“CMAG is saying that there are severe structural deficiencies in the country’s democratic institutions. Waheed has taken advantage of this,” said Ghafoor.

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President Waheed meets UN Secretary General

President Dr Mohamed Waheed Hassan yesterday met with Secretary General of the United Nations Ban Ki-Moon in New York.

“Today I met with UNSG Ban Ki-moon,” read the President’s official Twitter feed. “Now that transfer of power is proven legitimate, he said it is time to move ahead with the nation.”

Waheed is in New York to address the 67th session of the United Nations General Assembly (UNGA) which opened last Tuesday.

“I will focus my address on the present treatment of smaller nations and special efforts to maintain independence and sovereignty of such nations. I will also touch on the way Maldives was treated by some of the larger countries,” he told Haveeru before his departure.

He is also reported to be attending the Commonwealth Ministerial Action Group (CMAG) meeting which meets annually in the wings of the UNGA.

After the Commission of National Inquiry (CNI) conferred legitimacy on February’s transfer of power, the government has urged CMAG to remove the Maldives from its investigative agenda.

Opposition politicians, including former President Mohamed Nasheed, have argued that CMAG’s revised mandate warrants keeping the country on the agenda.

CMAG are scheduled to discuss the issue on September 28.

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CMAG will not remove Maldives from agenda without guarantees: Dr Shaheed

“If the Commonwealth Ministerial Action Group (CMAG) agrees to remove the Maldives from its agenda – and it’s a big ‘if’ – it will be based on guarantees of free and fair elections next year in which Nasheed could participate,“ said former Foreign Minister and UN Special Rapporteur on Human Rights, Dr Ahmed Shaheed.

Shaheed explained that he had been in contact with a number of ministerial delegations from the group, receiving assurances that the Maldives would not be removed from the agenda without “very good assurances” that human rights norms would be adhered to.

Home Minister Dr Mohamed Jameel Ahmed has today said that any direct conditions set by CMAG could infringe upon the sovereignty of the Maldives, telling Minivan News that nothing along these lines had been conveyed to the government by CMAG.

After the release of the Commission of National Inquiry (CNI) ruled that February’s transfer of power was constitutional, prominent members of the government have argued that the country be removed from CMAG’s investigative agenda.

Conversely, members of the now-opposition Maldivian Democratic Party (MDP) have been lobbying for the Maldives to stay on the group’s agenda, arguing that questions still remain over the country’s ability to adequately observe the values of the Commonwealth.

This campaigning has taken former President – and current MDP presidential nominee – Mohamed Nasheed, to the UK this week, where he met with Foreign Secretary William Hague and asked him to back calls to ensure continued Commonwealth oversight of the Maldives.

“We want to be on someone’s agenda until the elections are through. That’s what we’re trying to do now. I have known William Hague for some time. I know they have difficulties as a government. They have to take on board everything and give proper consideration to the regional sensibilities of British intervention in the Maldives,” the UK’s Telegraph newspaper reported Nasheed as saying.

“But we feel now that they have an avenue to help the Maldives through the Commonwealth. What we are asking for is not the sun, the moon and the stars. What we are asking for is very natural and it can be done.”

Nasheed also spoke at the Royal Commonwealth Society on Wednesday, where he pushed for the Maldives to remain on the CMAG agenda, despite the CNI report’s findings.

“I am not for one second suggesting the transfer [of power] was legal… but we don’t have to go there to keep us on the CMAG agenda,” he continued, arguing that the persistent violations of the Commonwealth’s values was ample grounds to keep the country on the CMAG agenda, according to its revised mandate.

Jameel remained confident, however, that CMAG’s role in the this year’s political crisis ended with the CNI’s legitimisation of the current government: “We do not believe that CMAG will take any steps to exceed its mandate as it exercises a defined function.”

Shaheed’s comments regarding Nasheed’s ability to run in next year’s elections come as the government continues to pursue him through the courts, with prominent politicians stating a desire to see the former Amnesty International prisoner of conscience back behind bars.

On Wednesday evening, Nasheed acknowledged his fears of returning to prison.

“I don’t want to be there but we have to face reality of consequences and I don’t see the international community as robust enough to stop that happening – this is very sad… I might not be with you for the next few years but, rest assured, we will come back and democracy will reign in the Maldives again.”

Jameel today argued CMAG could not override domestic legal proceedings.

“The people have decided the criminal justice system of the Maldives. So no foreign party has the authority to dictate or ask to revise that process,” he told Haveeru, referring to charges against Nasheed in relation to the detention of Judge Abdullah Mohamed in January this year.

During his time in London, Nasheed also met with Richard Ottaway MP – Chair of the Foreign Affairs Select Committee, Alistair Burt MP – Parliamentary under-secretary of state at the FCO as well as MPs John Glen MP, Mark Menzies, and Karen Lumley.

A Spokesperson from John Glen’s office said that discussions had included the Commonwealth’s procedures in such cases as well as Britain’s role in dealing with the CNI report.

Dr. Shaheed spoke to Minivan News from London just before boarding a plane to New York, where he will be lecturing on human rights.

He has recently accepted a position at the University of Essex in the United Kingdom as visiting professor of human rights practice for the coming academic year. He will continue his work for the United Nations.

President Dr. Mohamed Waheed Hassan also left for the United States yesterday morning, where he will reportedly be attending the next meeting of CMAG on September 28, at which a decision on the removal of the country from the agenda is expected to be made.

Waheed will also be attending the 67th session of the United Nations General Assembly (UNGA) which opened last Tuesday.

Despite the Commonwealth Secretariat being based in London, for logistical reasons CMAG also meets annually in New York alongside the UNGA.

The previous teleconference meeting, earlier this month, was expected to produce a decision on whether to remove the Maldives from the agenda.

After an inquiry as to why no decision was made at the teleconference, following local media reporting technical problems, the MDP was informed that the CMAG ministers preferred to conclude such discussions face to face.

Shaheed suggested that Waheed’s attendance at the meeting could be taken advantage of by CMAG members to “wrest concessions” from the president.

He added that sending the president himself was a far better idea than sending other members of his cabinet who had “waged war” on CMAG.

No spokesperson from the President’s Office was responding to calls at time of press.

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Will accept “cover up” with CMAG as price for progress, Nasheed tells Royal Commonwealth Society

Additional reporting by Mohamed Naahee and Kylie Broomhall

“I beg the Commonwealth Ministerial Action Group (CMAG) not to deliberate on how power was transferred in the Maldives,” former President Mohamed Nasheed told the Royal Commonwealth Society yesterday.

“I will be party to the cover up because we want a better life. Because we want to move forward. Because we want development,” he said.

Nasheed addressed an audience at the Commonwealth Club in central London during his visit to the United Kingdom.

Despite his reservations regarding the decision of Commission of National Inquiry (CNI), whose report ruled the transfer of power to have been in line with the constitution, Nasheed said that he no longer expected the international community to say it was a coup or to attempt his reinstatement.

“I will not rely anymore upon international engagement in consolidating democracy. I have no antagonism or outrage towards the international community – nothing like that – it’s practically not possible for them to do it,” he said.

He told the audience that he had sent a letter to the Secretary General before the coup, asking for assistance in consolidating a democracy which he felt was “under stress”.

“I am not for one second suggesting the transfer was legal…but we don’t have to go there to keep us on the CMAG agenda,” he argued. “I am willing to cover up the coup with the CMAG, I am willing to be party to it. But I’m not willing to be a party to doing the same thing to another country.”

The former president expressed his view that the revised mandate of CMAG allowed it to work more pro-actively, and that the Maldives case represented a “golden opportunity” to deal with issues other than merely violent overthrows of governments.

He argued that the new mandate, agreed upon in Perth in 2011, gives the body scope to keep countries on the agenda if there are persistent violations of the Commonwealth’s core values or severe deficiencies in democratic institutions.

Nasheed, therefore, stated his belief that it was “rather silly that we are talking about being removed from agenda”.

He also pointed out to the UK government that there was nothing in the Commonwealth’s regulations that requires a nation to be a member CMAG in order to lobby for keeping others on the CMAG agenda.

“I believe most of you pay your taxes believing your governments will do something about these things,” he told the audience.

“Unfortunately, after the coup, the Commonwealth appears to have forgotten that it is a new Commonwealth, that it is a new CMAG.”

Speaking at a press conference this morning, State Minister for Foreign Affairs Dunya Maumoon expressed her confidence that the Maldives would be removed from the CMAG agenda at the group’s next meeting on September 28th.

She had previously joined fellow senior politicians in suggesting that the the Maldives should leave the Commonwealth if it was not promptly removed from the agenda.

Climate change, the judge, and Islamic radicalism

Before taking questions from the floor, Nasheed took some time to discuss the issue that brought him to the world’s attention before his ousting – climate change.

“Coup or no coup – I hope to continue talking on these subjects,” he said. “Small countries must focus again and again on climate change – that is the principle issue of the 21st century.”

Nasheed stated his belief that development could be achieved without increasing carbon emissions, arguing that advances in technology meant that it was still be possible for the Maldives to reach carbon neutrality by 2020.

The Maldives’ most ambitious renewable energy project, the Scaling-Up Renewable Energy Program (SREP) was due to be finalised on the day Nasheed resigned. The ensuing political instability in the country deterred potential investors, causing the deal to fall through.

The new government has continued to pledge its commitment to the environmental projects and yesterday received contributions from its international partners for three new schemes under the Climate Change Trust Fund (CCTF)

Pre-empting anticipated questions about the arrest of Judge Abdullah Mohamed, Nasheed expressed his regret but argued that he had no other options.

“[In response to questions] I would say it’s complicated – we’ve done it. This was the only gentleman that I ever arrested,” he said.

“That’s not the kind of thing you’re supposed to do as a president and that’s not the kind of thing you’re supposed to do in consolidated democracy but I thought that people would also try to understand what happened there,” he continued.

When asked about potential action against those implicated in a coup, should he return to power, Nasheed reiterated his commitment to searching for amicable ways of “settling scores”.

“We are not going to go for a witch hunt. If you want that, the people of Maldives must find someone else to do that,” he said.

One member of the audience asked Nasheed when he felt his former Vice President, Mohamed Waheed Hassan, turned against him.

Nasheed responded that he felt Waheed had switched sides very early on in his presidency: “It’s a beautiful way of becoming president and you must give credit to that”.

When the same person asked about Islamic fundamentalism in the Maldives, Nasheed expressed his fears that the country was becoming more radicalised every day.

“When you have weak government, they are having to rely on any bit of support they can get from any quarters. So, unlike us, this government seems to entertain the radicals,” he said.

“In fact,” continued Nasheed, “the core of the renegade soldiers in the Maldives National Defence Force (MNDF) were radicals. They came and joined the mutinying police, chanting ‘God is great’.”

“They are requesting for the military to grow their beards – I hope our military isn’t the biggest Al Qaeda cell in the Indian Ocean.”

Concluding his speech, Nasheed said that he expected he would be arrested in the near future.

“I don’t want to be there but we have to face reality of consequences and I don’t see the international community as robust enough to stop that happening – this is very sad… I might not be with you for the next few years but, rest assured, we will come back and democracy will reign in the Maldives again.”

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CMAG lobbying anticipated to be key focus during Nasheed’s UK visit

Former President Mohamed Nasheed is expected during a visit to the UK this week to lobby the Commonwealth Ministerial Action Group (CMAG) to keep the Maldives on its agenda and assist in enacting reforms to civil society institutions, his party has said.

With Nasheed this week making his first visit to Europe since February’s controversial transfer of power, the Maldivian Democratic Party (MDP) has said it anticipates the former president will lobby during the trip to keep the Maldives on CMAG’s agenda as well as to help set clear targets for a Commonwealth-backed reform agenda.

The MDP has claimed that it is now advocating for an agreement on “structural adjustments” that would help address concerns raised in the Commission of National Inquiry (CNI) report.  The report, released last month, rejected accusations by Nasheed and his supporters that he was forced to resign from office.

The current government has meanwhile said that it would be difficult to look into concerns raised by the CNI concerning the events between February 6 to February 8 this year without potentially implicating Nasheed for his role in the alleged use of “excessive force” by police during his tenure.

The President’s Office also maintained that any reforms to the country’s judiciary or civil society would have to be made through the country’s independent institutions such as the Police Integrity Commission (PIC) and the Judicial Services Commission (JSC)

Nasheed left today for the UK, where he is scheduled to meet senior UK government officials and MPs as well as top Commonwealth’s figures and human rights organisations. He will be joined during the visit by former Foreign Minister Ahmed Naseem and the party’s Deputy Chairperson (Finance) Ahmed Mausoom.

As well as speaking both in London and Scotland on the theme of democracy in the Maldives, the MDP today said it anticipated Nasheed, who is presently chosen to represent the party in the next general election, would also be likely to lobby to keep the Maldives on the agenda of the CMAG.

CMAG had placed Maldives on its formal agenda in February, at the time citing ‘the questions that remain about the precise circumstances of the change of the government, as well as the fragility of the situation in Maldives’ as reasons.

The government has maintained that the CMAG ‘lacked mandate’ to place Maldives on the agenda. Following this there has been multiple instances where the government had expressed disapproval in what it termed ‘interference’ by the Commonwealth.

MDP MP and spokesperson Hamid Abdul Ghafoor said that it was anticipated Nasheed would seek to have GMAG retain the Maldives on its agenda in order to pressure the Waheed administration to meet a number of commitments such as those raised in the CNI’s findings.

“I expect there will be strong lobbying for our position [on CMAG],” he said. We have agreed to go ahead with the CNI recommendations, though with the reservations raised by Ahmed ‘Gahaa’ Saeed.

Saeed was chosen to be Nasheed’s representative on a reformed CNI panel charged with investigating the events surrounding the transfer of power on February 7. However, he resigned the day before the findings were released over concerns at what he claimed was omitted evidence and witness accounts from the final report.

Ghafoor added that with the CNI report suggesting a need for structural adjustment of certain civil society institutions along with the judiciary – a major concern for the Nasheed administration in its last few months – he hoped the Commonwealth would support such reforms.

“Whilst in government, we had previously participated with the International Monetary Fund (IMF) on a voluntary basis whilst in government to undergo structural reform,” he claimed. “It required bitter medicine, such as in the sacking of some civil servants, but it was vital in trying to cut the state debt.”

Ghafoor added that he hoped CMAG could provide similar assistance in setting up a structural adjustment programme that set clear dates by which key reforms in areas like the judiciary or civil society were to be enacted.

“We have agreed to move ahead with the CNI with reservations, but we want to see wrong doings identified in the report being addressed,” he said, pointing to the actions of some police and military figures in the transfer of power.

While the Commonwealth was scheduled to last week rule on whether the Maldives would be removed from the investigative agenda of CMAG, it announced the decision would be delayed until its next meeting on September 28.

The President’s Office at the time expressed confidence that the country would be taken off the agenda at the next meeting, saying that this move had been supported by all but one of those present for the teleconference. Local media have reported that the delayed decision has been a result of a “technical glitch” during a live CMAG webcast, a situation Ghafoor claimed that he had yet to received clarification on.

“I’m not aware of any hitch taking place during the CMAG meeting. What we hope is that they will would keep us on the agenda and back a structural adjustment programme that would call for certain commitments to be met at specific dates,” he claimed.

Parallel to Nasheed’s UK visit, Ghafoor claimed that the MDP’s national council was also engaged in pressuring the party’s parliamentary group to boycott the People’s Majlis once it reconvenes, at least until the party was given guarantees about certain concerns it held about reforms.

“The national council on Thursday decided to try and pressure the parliamentary group to boycott Majlis,” he said. “We are discussing this today as a party. We are clear that we would wish to disengage from the Waheed regime unless our concerns are addressed.”

Responding to the MDP’s comments, President’s Office Media Secretary Masood Imad told Minivan News that in looking to address the concerns raised by the CNI concerning security forces and the country’s judiciary, it would continue to rely on independent institutions in the country.

“I understand that the Police Integrity Commission (PIC) has already looked into some of the matters raised. I don’t know what they are looking at or what stage they have reached right now. Similarly, President Dr Waheed has also promised to refrain from interfering with the judiciary here, even when he has not been made aware of what is going on,” he said.

Masood stressed that the government would not however be able to set up any additional commission or mechanism to oversee reforms.

“Independent institutions can come in and oversee this. We would encourage them to do this and will not interfere with their work,” he said.

However, in terms of addressing the CNI’s concerns about the transfer of power, Masood also claimed that Nasheed himself faced possible criminal action for the events occurring on February 6 and February 7 before his resignation.

“During the events of February 6 to February 8, I wouldn’t say that Nasheed was in power, but he was in office, resulting in excessive force being used by police up to his resignation,” he said.

Masood said that President Waheed has accepted that police had used “excessive force” during protests held on February 8 after he came to power and condemned such acts.

“President Waheed has already said he will take action against those with involvement [in the use of excessive force], due process would be taking place through groups like the PIC,” he said.

However, Masood added that any calls from the EU or Commonwealth to investigate the events surrounding the transfer of power would lead to difficulties over the actions of Nasheed in the build up to his resignation.

“Any investigation would have to focus on Nasheed’s role in this, the Commonwealth and EU countries are asking us not to touch him,” he said.  “While the independent institutions can look into this, the EU and Commonwealth will be unhappy if their boy becomes involved in investigations. This will happen as there are many questions [Nasheed] has to answer.”

Nasheed, who is presently set to face trial over his role in the controversial detention this year of Criminal Court Chief Judge Abdulla Mohamed, has alleged that charges against him are politically motivated in order to prevent him from standing as a candidate for the MDP at the next general election.  Nasheed has alleged that Judge Abdulla had been detained over fears he was a threat to national security.

Independent institutions

Despite the government’s decision to rely on the country’s independent institutions to help oversee any reforms or investigations into the CNI’s recommendations, groups such as the Elections Commission have this month found their work under increased scrutiny following the release of the CNI report (CNI).

Prominent members of both the Police Integrity Commission (PIC) and the Anti Corruption Commission (ACC) have this month questioned the ability of their own institutions to fulfil their mandates.

Aiman Rasheed of local NGO Transparency Maldives’ suggested that weak and unassertive institutions must take some of the blame for the events of February 7 and the surrounding political crises.

“The independent institutions need to step up their game by standing for and protecting the values for which they were constituted,” said Aiman at the time.

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CMAG delays decision on Maldives

Following its teleconference yesterday, the Commonwealth Ministerial Action Group (CMAG) has delayed its decision on the Maldives’ potential removal from its investigative agenda until its next meeting on September 28.

Yesterday’s meeting was attended by all member countries, as well as the Commonwealth Secretary General Kamalesh Sharma and Special Envoy to the Maldives Sir Donald McKinnon, who had visited country earlier this week.

President’s Office Spokesman Masood Imad expressed confidence that the country would be taken off the agenda at the next meeting, saying that this move had been supported by all but one of those present for the teleconference.

“We have given in to all their demands. CMAG has been so much a part of our lives that we wanted to get out of it,” said Masood.

However, former Foreign Minister and current UN Special Rapporteur to Iran, Dr Ahmed Shaheed said that the Maldives’ removal from the agenda would be “a travesty”, given the government’s “reprehensible actions” following the CNI’s release.

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

There have been strong calls from within the government for the country to be removed from the agenda after the Commonwealth’s approval of Commission of National Inquiry (CNI) which appeared to absolve government figures of any wrongdoing in the resignation of former President Mohamed Nasheed in February.

The release of the report was initially welcomed by a members of the international community, including, the EU, the United States, India, and the UN as well the Commonwealth itself.

“There was an expectation from the government that CMAG would rubber stamp the CNI report – this is far from realistic” said Shaheed, who suggested that these groups were welcoming the report’s release without necessarily welcoming the findings.

Observers representing the UN and the Commonwealth praised the independence and professionalism of the report.

CMAG placed the country on its formal agenda in February after it expressed its concerns over the precise nature of Nasheed’s resignation.

A member of CMAG itself, the Maldives was subsequently suspended from the group.

Local media yesterday reported that an emergency meeting of the cabinet had been called yesterday, although no details of the meeting had been revealed.

Today, Masood explained that the cabinet meeting was called simply to prepare for the CMAG’s anticipated decision.

“It is normal procedure to be prepared in this way, “ he explained.

Prominent members of the government, including State Minister for Foreign Affairs Dunya Maumoon, as well as Special Advisor to the President Dr Hassan Saeed have suggested that the Maldives may leave the Commonwealth should it not be removed from the CMAG agenda.

“I would now argue that if CMAG does not remove the Maldives from its agenda in its next teleconference on 11th of this month, we should end our relationship with the Commonwealth and look to other relationships that reflect modern realities of the world,” said Saeed in an article written for local newspaper Haveeru.

Dr Hassan was not responding to calls at the time of press.

Home Minister Mohamed Jameel Ahmed, told Minivan News earlier this week that Commonwealth should refrain from dictating the country’s national priorities.

“We appreciate their engagement, but [the Commonwealth] should also recognise our need to move forward and allow us to find local solutions to local problems,” said Jameel

In a statement sent to CMAG in preparation for the teleconference, the government maintained that the Maldives should be removed from the agenda, and that it should not have been placed on it in the first place.

“There is simply no justification for keeping the Maldives on the [CMAG] agenda,” read the statement, which went on to list reasons in support of its removal.

The reasons given, other than the apparent exoneration of the government by the CNI report, included its commitment to investigate issues of police brutality, the atmosphere of relative calm currently prevailing in the capital, and the detrimental effect being on the CMAG agenda was having on tourism and foreign investment.

The statement did, however, make mention of the government’s interest in expanding cooperations with the Commonwealth, particularly along the lines of strengthening institutions and “cultivating democratic values in the society.”

Shaheed today insisted that there was ample scope for the country to be kept on the agenda, drawing attention to CMAG’s revised mandate of October 2011, which he noted was championed by Nasheed himself.

“The revised mandate is not so much a punishment for countries but a safeguard for the people,” he said.

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Home minister notes “better environment” after CNI report

Home Minister Mohamed Jameel has said the Maldives now provides a much “better environment” for the country’s political factions to work towards stability following the publication of the Commission of National Inquiry (CNI) report.

Speaking following a parade held yesterday in Male’ to commemorate the country’s Independence Day, rescheduled from earlier this year, Dr Jameel claimed that with the conclusion of the CNI’s work late last month, the government was now able to move ahead with its duty of serving the public.

The CNI’s findings, welcomed by the Commonwealth, US and the UN, rejected accusations that the present government came to power illegally, despite claims from former president Mohamed Nasheed that the report’s findings were flawed and failed to include key witness statements and evidence in its findings.

The now opposition Maldivian Democratic Party (MDP) – of which Nasheed is the current presidential candidate – today said that it continued to hold severe structural concerns about the CNI’s conclusions. The concerns themselves were highlighted in a report prepared by Sri Lankan legal experts after a request from the MDP.

“Way forward”

Despite these concerns, the MDP has claimed the CNI report’s publication had provided the party with a “way forward” to push for institutional reform and early elections, whilst also lobbying to keep the Maldives on the agenda of the Commonwealth Ministerial Action Group (CMAG).  The party has contended that remaining on the agenda will help maintain international pressure on the government to enact a reform agenda – the need for which was raised in the CNI’s findings.

Home Minister Dr Jameel told Minivan News today that from the government’s perspective, the issue of February’s transfer of power had been firmly settled through the CNI’s findings. Dr Jameel claimed that any further political resolutions should be settled domestically.

“We will not dwell further on the same issue [CNI]. As a nation, reforms to the government and other institutions is an ongoing agenda like any other nation,” he said. “I do not believe that any international organisation, country or individual has the mandate or authority to dictate to us our national priorities and reform agenda – be it the Commonwealth or its Secretary General. We appreciate their engagement, but [the Commonwealth] should also recognise our need to move forward and allow us to find local solutions to local problems.”

Dr Jameel claimed that rescheduling the national Independence Day parade from July until yesterday was a timely reminder of the “importance of national unity, mutual respect and shared values.”

“It is more relevant now than at any point in history as the country is increasingly seen to be drifting away from those values due to political emotions, opinions and other exposures,” he said.

The Independence Day parade, which was concluded with a special ceremony at the  Galolhu Stadium in Male’, was attended by President Dr Mohamed Waheed Hassan and his wife,  First Lady Ilham Hussain.

Independence Day is celebrated on July 26, though Dr Jameel, who was also in attendance at the ceremony, said that the parade had been delayed from July owing to “time constraints” and had to be rescheduled to consider outstanding engagements of its participants.

Better environment

Addressing the home minister’s claims that the Maldives was now a “better environment” to address political differences following the CNI’s publication, MDP MP and Spokesperson Hamid Abdul Ghafoor said the MDP had offered to try and work with the government to pursue institutional reforms.

Ghafoor claimed these efforts had included attempts to try and work within Dr Waheed’s coalition government in what it called the “common interests” of the public –  a strategy that was later rebuffed.

“We do not want to be working with this government, we ourselves want to see early elections as soon as possible,” he said earlier this month.

Ghafoor claimed today that despite its reservations about the validity of the CNI’s findings, the party would continue to lobby to keep the Maldives on the agenda of the Commonwealth Ministerial Action Group (CMAG) to maintain international pressure on the government for early elections and institutional reform.

“We simply do not believe that the CNI report legitimises the government. If the [transfer of power] was not a coup then why are the country’s former opposition now leading the executive,” he said. “The structural issues that we have [with the CNI’s findings] will not just go away. Things are not going smoothly in the country.”

Ghafoor claimed that while attempts to have the People’s Majlis and Supreme Court rule whether the MDP should be regarded as the country’s main opposition or governing party had not been successful so far, the party still had power in the Majlis through parliamentary committees to meet aims for fresh polls.

“Right now we see the way forward is to continue to push for early elections. We will also push to keep us in the CMAG agenda and ensure there is a third party international pressure to ensure the government are held to a schedule regarding the CNI’s recommendations on institutional reform,” he said.

“We do see CNI report as a way forward and we would wish for CMAG to keep a watch on the country. So on the back of our reservations of the CNI report, we will coniute to lobby to keep the Maldives on CMAG’s agenda.

Despite the MDP’s lobbying, the government has this week urged CMAG to remove the country from its agenda.

Both Dunya Maumoon, State Minister for Foreign Affairs, and Dr Hassan Saeed, Special Advisor to the President, have publicly argued that the Maldives had been treated unfairly, suggesting that the country should leave the Commonwealth should it not be removed from the CMAG agenda without delay.

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Government urges CMAG to remove Maldives from agenda

The government has sent a statement to the Commonwealth Ministerial Action Group’s (CMAG) demanding its removal from the group’s agenda, ahead of its teleconference this Tuesday (August 11).

In the statement, dated September 7, the government argues that there remains “simply no justification for keeping the Maldives on the [CMAG] agenda”.

The CMAG had placed the Maldives on its formal agenda in February although President Dr Mohamed Waheed Hassan’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.

The government’s statement offers five reasons in support of its removal from the CMAG agenda.

Firstly, the government pointed out that the recently completed Commission of National Inquiry (CNI) had found no legal issues surrounding the transfer of power, adding that its international observers had hailed the report as “exemplary.”

The publication of the CNI was closely followed by an independent legal analysis which has raised serious doubts over the credibility of the CNI’s findings.

The teleconference statement added that former President Mohamed Nasheed had also welcomed the report, “though with some caveats”.

The most notable of the caveats mentioned by Nasheed was that the report left the country in a “comical” situation “where toppling the government by brute force is taken to be a reasonable course of action.”

Secondly, the government reasons that the CNI’s findings of police brutality are already being acted upon by the relevant independent institutions – the Police Integrity Commission (PIC), the Human Rights Commission (HRCM) and the Prosecutor General (PG).

The onus placed on these institutions since the release of the report has again raised doubts as to their ability to handle these politically sensitive investigations.

However, the fourth reason cited for the removal from CMAG’s agenda was the government’s willingness to expand cooperation with the Commonwealth in order to strengthen the institutional infrastructure.

This willingness to enhance relations with the Commonwealth appears at odds with the apparent enmity shown by senior figures towards the organisation since the CNI’s release.

Both Dunya Maumoon, State Minister for Foreign Affairs, and Dr Hassan Saeed, Special Advisor to the President, have publicly argued that the Maldives had been treated unfairly, suggesting that the country should leave the organisation should it not be removed from the CMAG agenda without delay.

“Should the Maldives continue to be kept on the CMAG agenda, I have to say that there are a lot of citizens and very senior members of the government who have many serious concerns regarding whether the Maldives will stay on as a member of the Commonwealth,” Dunya told the press last Thursday.

Dr Hassan launched a scathing attack in a comment piece for local newspaper Haveeru, in which he argued that the Maldives had received “third class justice” from the Commonwealth.

“It is my belief that the Commonwealth and its institutions have treated us very badly,” wrote Dr Hassan.

“I would now argue that if CMAG does not remove the Maldives from its agenda in its next teleconference on 11th of this month, we should end our relationship with the Commonwealth and look to other relationships that reflect modern realities of the world,” he said.

President’s Office Spokesman Abbas Adil Riza was reported in local media today as saying that he does not feel CMAG should intervene in any future challenges the country faces.

When discussing the current visit of Commonwealth Special Envoy Sir Donald McKinnon, Abbas said he felt this would be McKinnon’s last visit to the country.

The third reason listed by the government in its statement to CMAG argues that calm had been maintained “despite some serious efforts by the opposition to create unrest.”

Although there was widespread anticipation of unrest before the release of the CNI with Nasheed at one point calling for his supporters to “topple the government”, the demonstrations surrounding the report’s release were not accompanied by a notable increase in violence.

The presence of international news crews in anticipation of unrest did, however, did lead to greater coverage of the ensuing protests.

The statement also mentions the initiation of the ‘Leader’s Dialogue’ talks which it claims will focus discussion on practical issues such as legislation which will ensure elections next year can be held freely and fairly.

Finally, the government argues that the stigma of remaining on the CMAG agenda is negatively affecting foreign investment and tourism in the country.

“The Maldives, which is one of the smallest countries in the Commonwealth, is experiencing difficulties in finalising foreign investment projects, and in some cases, concessional loan financing, as well as a drop in tourist arrivals into the country as a result of being on the CMAG agenda,” read the statement.

Ministry of Tourism figures show that this year’s tourist arrivals had grown just 2.8 percent compared to the same period in 2011. Figures for 2011, however, showed growth of 17.6 percent compared with 2010’s arrivals.

President Waheed travelled to China last week where he finalised agreements for a US$500 million loan (MVR7.7billion).

“It is therefore time that the Maldives is removed from the formal agenda of the CMAG and allow the government to focus on what it is expected to do; cultivating and nurturing democracy in the Maldivian society,” concludes the statement.

“After all, in democracies, governments are answerable to the people,” it finishes.

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