Tag: cmag

Commonwealth Special Envoy Sir Don McKinnon arrives in Male’ for post-CNI discussions

Commonwealth Secretary General’s Special Envoy to the Maldives, Sir Don McKinnon, has arrived to Male’ yesterday to discuss the report released by the Commission of National Inquiry (CNI) following its investigation into the controversial transfer of power on February 7.

Presidents Office Spokesperson Abbas Adil Riza told local media outlet Sun Online that McKinnon was to visit Maldives before the release of the CNI report, but had to delay his visit because President Mohamed Waheed Hassan was not in town, and because of the holidays that followed.

Riza further stated that the government believed that this would be the farewell visit of McKinnon in his capacity as the Special Envoy.

He also added that the government would acknowledge the efforts made by the Commonwealth in helping resolve the political crisis that followed after the transfer of power, but added that the government “sees no role for the Commonwealth any more in the domestic issues of the country”.

Riza did not respond to calls at time of press.

Minivan News understands that Sir Don McKinnon is set to meet both President Waheed and his predecessor, former President Mohamed Nasheed.

McKinnon’s visit comes at a time where the current government of Maldives and the Commonwealth are at loggerheads over the issue of Maldives still being in the formal agenda of Commonwealth Ministerial Action Group (CMAG).

President Waheed has already sent letters to member states of CMAG demanding the immediate removal of Maldives from the CMAG’s agenda, claiming that the report by the CNI clears all doubts on legitimacy of the current government.

State Minister of Foreign Affairs and daughter of former President of 30 years Maumoon Abdul Gayoom, Dunya Maumoon, has already hinted about an impending withdrawal of Commonwealth membership if the Maldives is not removed from the formal agenda of the Commonwealth’s human rights and democracy arm.

Speaking at a press conference held in the Foreign Ministry on Wednesday, Dunya said, “We call on all the member countries of the CMAG to remove us from the agenda at the earliest possible opportunity. We do not altogether deserve to have been put on this agenda.”

Dunya stated that following the release of the report by the Commission of National Inquiry (CNI), many foreign countries had complimented the commission’s work. While she expressed concerns that “reactions from two countries are somewhat worrying”, she declined to name either country.

CNI Report

On August 30, CNI released its report into the circumstances surrounding the controversial resignation of former President Mohamed Nasheed and the transfer of power on February 7, stating that the transfer of power was legitimate and that it was neither a coup d’état nor a resignation under duress.

The CNI was initially a three member panel (Dr Ibrahim Yasir, Dr Ali Fawaz Shareef and Chairman Ismail Shafeeu), formed by President Waheed Hassan to examine the circumstances surrounding his own succession to presidency.

The Maldivian Democratic Party (MDP) of ex President Nasheed and the Commonwealth subsequently challenged the impartiality of the CNI, and it was reformed to include retired Singaporean judge G. P. Selvam and a representative of Nasheed’s, Ahmed ‘Gahaa’ Saeed.

Retired Court of Appeal judge from New Zealand, Sir Bruce Robertson, and Canadian UN Legal Advisor Professor John Packer, were appointed as international advisers representing the Commonwealth and UN respectively.

Nasheed’s representative Saeed resigned from the CNI on the evening of August 29, denouncing its credibility and alleging that the final report excluded testimony from key witnesses as well as crucial photo, audio and video evidence.

According to the published report, the change of government was “legal and constitutional”, and the events of February 6-7 “were, in large measure, reactions to the actions of President Nasheed.”

“The resignation of President Nasheed was voluntary and of his own free will. It was not caused by any illegal coercion or intimidation,” the report claimed.

In addition, “There were acts of police brutality on 6, 7 and 8 February 2012 that must be investigated and pursued further by the relevant authorities.”

The report dismissed the MDP’s allegations that the government’s ousting was a ‘coup d’état’, stating that the Constitution “was precisely followed as prescribed.”

“There appears nothing contestable in constitutional terms under the generic notion of a ‘coup d’état’ that is alleged to have occurred – quite to the contrary, in fact,” the report claimed.

“In terms of the democratic intent and legitimacy of the authority of the Presidency, as foreseen in the Constitution, President Waheed properly succeeded President Nasheed.”

“As President Nasheed clearly resigned and now challenges the voluntariness and legitimacy of his action, the onus is on him to establish illegal coercion or unlawful intimidation.”

Counter report by Sri Lankan legal experts

A legal analysis of the CNI report by a team of high-profile Sri Lankan legal professionals – including the country’s former Attorney General – prepared upon the request of the MDP stated that it was “selective”, “flawed” and had exceeded its mandate.

The legal analysis’ authors include two Sri Lankan Supreme Court attorneys – Anita Perera and Senany Dayaratne – and the former Sri Lankan Attorney General Shibly Aziz.

The analysis focused on five main areas: the CNI’s compliance with its mandate, the procedure pursued in exercising this mandate, the evidence gathering process, the adherence to the “imperative dictates” of natural justice, and the legal issues which ensue from this.

“The Report offends the fundamental tenets of natural justice, transparency and good governance, including the right to see adverse material, which undermines the salutary tenets of the Rule of Law.” Read the report

The report further suggested that there was “in fact adequate evidence to suggest that duress (or even ‘coercion’ and/ or illegal coercion as used by CNI) is attributable to the resignation of President Nasheed.”

“Even by the yardstick of ‘coercion’ or illegal coercion which the CNI has incorporated for reasons one cannot fathom- given the clear mandate- , ex facie the events accepted by the Commission and without anything more, does strongly and convincingly establish the ‘coercion’ or ‘illegal coercion’, the yardstick chosen by the Commission,” it read.

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Maldives likely to leave Commonwealth if not taken off CMAG agenda: Dunya

State Minister of Foreign Affairs and daughter of former President of 30 years Maumoon Abdul Gayoom, Dunya Maumoon, has said the Maldives would likely leave the Commonwealth if not removed from the formal agenda of the Commonwealth’s human rights and democracy arm.

Speaking at a press conference held in the Foreign Ministry on Wednesday, Dunya said, “We call on all the member countries of the Commonwealth Ministerial Action Group (CMAG) to remove us from the agenda at the earliest possible opportunity. We do not altogether deserve to have been put on this agenda”.

Dunya stated that following the release of the report by the Commission of National Inquiry (CNI), many foreign countries had complimented the commission’s work. While she expressed concerns that “reactions from two countries are somewhat worrying”, she declined to name either country.

President Mohamed Waheed’s government reformed the CNI at the Commonwealth’s request, to include a representative from Nasheed and a foreign legal authority as co-chair. The government requested a retired Singaporean judge, and G P Selvam was duly appointed.

The final report, published at the end of last month, concluded that the transfer of power on Feburary 7 was constitutional, that President Mohamed Nasheed’s resignation was not made under duress, and that there had not been a police or military mutiny. It also noted that there were “acts of police brutality on 6, 7 and 8 February 2012 that must be investigated and pursued further by the relevant authorities.”

Nasheed’s representative Ahmed Saeed resigned from the CNI the evening prior to its publication, denouncing its credibility and alleging that the final report excluded testimony from key witnesses as well as crucial photo, audio and video evidence.

While subsequently accepting the report, Nasheed observed that it had effectively set a legal precedent under Maldivian law for the overthrow of an elected government through police or mob action.

This, 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.”

CMAG ministers are due to consider the report in a teleconference on September 11.

Dunya said that should Maldives remain on the CMAG agenda following the teleconference, there were reservations within the government over whether the Maldives would choose to remain as a Commonwealth member.

She said there were a “huge number” of people who felt the Maldives should leave the intergovernmental organisation.

“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 said.

“There may not yet be an official decision by the President himself, or by any other high-level government official. We do not want to highlight this just yet. But from what I have heard, and the information I have received, there are a lot of people who no longer want [the Maldives]  to remain a Commonwealth members.”

Dunya’s comments were echoed by President Waheed’s Political Advisor, Dr Hassan Saeed.

“CMAG seems in no hurry to remove the country from its agenda. This is a continuing infringement on our sovereignty and is tantamount to holding us hostage,” Saeed wrote, in an article for local newspaper Haveeru.

“Since the publication of the CoNI report there has been absolutely no justification for keeping the Maldives on CMAG agenda –not even for a single day,” he claimed.

“In view of this 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,” Saeed said.

The 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.

Members from the coalition government has submitted bills in the parliament in late April to withdraw Maldives from the Commonwealth.

The government itself has said in March that it “may reconsider” membership in the Commonwealth.

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CNI draft “embarrassing for the Commonwealth”: MDP spokesperson

The Maldivian Democratic Party (MDP) has hit out at the Commonwealth over the work of Singaporean Judge G.P. Selvam, whose initial draft report on the Committee of National Inquiry’s (CNI) findings was yesterday denounced by the opposition party.

The criticism, backed by an MDP resolution, was first raised by former President Nasheed’s representative on the CNI panel, Ahmed ‘Gahaa’ Saeed.

“I think it is embarrassing for the Commonwealth Ministerial Action Group (CMAG). This is a bad show – it is not worthy of such an institution,” said MDP MP and Spokesperson Hamid Abdul Ghafoor.

After concerted pressure from the Commonwealth and the MDP to reform the CNI, Selvam – a retired Supreme Court Judge from Singapore – was installed as co-chair of the body charged with investigating the events surrounding former President Nasheed’s resignation on February 7.

The Commonwealth’s Special Envoy to the Maldives, Sir Donald McKinnon, released a statement today regarding the report’s scheduled publication on August 30.

“I look forward to the imminent completion of the work of the reconstituted Commission of National Inquiry and to its being able to agree on its report. As we approach the release of that report, I would encourage all stakeholders to respect the commission’s findings, and to take time to reflect carefully on how to act upon them in a manner that maintains harmony in Maldivian society and helps strengthen democratic practice and institutions in the country,” he said.

The changes to the commission also included the addition of a Nasheed nominee Saeed, who yesterday revealed his deep dissatisfaction with Selvam’s initial draft of the body’s report.

“The report that Judge Selvam has drafted and brought is a draft that somewhat refutes or denies what we Maldivians saw and experienced – or a draft that somewhat confuses things, the way it is now,” Saeed told the press.

“While this is happening, for me to stay here, at Muleeage, would I believe be a betrayal of my country and the Maldivian people. I see the draft report as having been written without considering the witness testimony of many, many people to CNI as well as the many scenes we saw,” he added.

Ghafoor, who today described the situation as “unacceptable” and “embarrassing” for the Commonwealth, suggested that Sir Donald McKinnon ought to be asked “who the hell this guy [Selvam] is.”

“Mr Selvam’s integrity is at a critical level,” he claimed. “Yesterday he got caught out.”

McKinnon’s statement today acknowledged that many issues would undoubtedly arise after the report’s release.

“I encourage political leaders to increase their efforts towards engaging in genuine dialogue, in order that consensus may be achieved, in a constructive and peaceful manner, on the path forward,” said McKinnon.

Meanwhile, local television station Raajje TV – linked closely with the MDP – yesterday aired a video of Singaporean-born lawyer and long-time critic of Judge Selvam, Gopalan Nair, in which he describes Selvam as a man “totally devoid of integrity”.

Nair has been writing about Judge Selvam on his ‘Singapore Dissident’ blog since 2010.

Moreover, in January this year, Malaysian media reported that Judge Selvam was accused of lying by chairman of the Malaysian Democratic Action Party (DAP), Karpal Singh.

Singh accused the retired justice of “lying to clear the air on an alleged plagiarism case involving a Malaysian Court of Appeal judge.”

A letter from Selvam to the Malaysian Chief Justice, clarifying that there was no case for plagiarism against the court of appeal judge, reportedly contradicted a statement from Selvam published in the Singaporean Straits Time.

Selvam was quoted as saying that the Malaysian judge had obtained a copy of his judgement through a lawyer, and “copied chunks from me without acknowledging”.

Meanwhile, MDP MP Mohamed Shifaz was also reported in local media as labeling Selvam “Singapore’s Abdullah” in reference to Maldivian Criminal Court Chief Judge Abdullah Mohamed, whose controversial detention earlier this year by the military has been the subject of investigations by numerous independent institutions.

Abdullah was arrested in January, with the former Home Minister Hassan Afeef accusing the judge of having “taken the entire criminal justice system in his fist”.

The incident proved to be a major turning point in anti-government protests against the Nasheed administration, leading to sustained periods of unrest in the run up to the former President’s resignation on February 7.

However, President’s Office spokesman Masood Imad was dismissive of attacks on Selvam’s credibility.

“Selvam is a man of stature chosen by the Commonwealth,” said Masood, who also criticised Saeed’s outburst as “lacking professionalism”.

Masood noted that both Selvam and Saeed had been added to the commission at the MDP’s request.

The MDP’s National Council, yesterday evening, unanimously backed a resolution refusing to accept the report in its current format.

In the evening, the MDP recommenced its campaign of protests, which had been suspended for the final period of Ramazan in order to encourage political negotiations.

In response to questions over rising tension in the country, Ghafoor said that the party was not seeking confrontation.

“We are demanding two things – early elections and an agreement on a post-CNI scenario,” he said.

The MDP forwarded a list of suggested outcomes to the government earlier in the month to which the President’s Office responded that it would not discuss the findings until their official release on August 29.

Ghafoor accused President Waheed of “cunningly destabilising the country” by refusing to make arrangements for the report’s release.

He also said that the party remained hopeful that the commission’s final report would reflect its opinion that President Nasheed was removed in a coup.

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HRCM findings will reflect CNI conclusions on transfer of power: President’s Office

The government will not make “special” preparations to address the findings of the Commission of National Inquiry (CNI) once they are published next week, claiming it does not expect any “abnormal” outcome from the report that would see its legitimacy questioned.

President’s Office Spokesperson Abbas Adil Riza today told Minivan News that while it did not wish to speculate on the CNI’s outcome before receiving its findings on August 29, the government expected similar conclusions regarding the transfer of power to those of the Human Rights Commission of the Maldives (HRCM).

The opposition Maldivian Democratic Party (MDP) has dismissed the government’s claims, adding that the CNI was an independent body, overseen by international partners, and would therefore focus on the “big picture” concerning the power transfer, rather than any individual report.

The HRCM yesterday publicly released several reports around alleged human rights abuses committed in the lead up to February 7, as well as reported violations that occurred once the government of President Dr Mohamed Waheed Hassan came into power on February 8.

Among some of the key findings of the reports were that former President Nasheed gave “unlawful orders” to the Maldives National Defence Force (MNDF) and police officers at the Artificial Beach area on the evening of February 6. The HRCM also concluded that the Maldives Police Service needed to investigate alleged brutality conducted by its own officers after the transfer of power.

The HRCM’s findings are expected to be taken into consideration by the panel currently overseeing the CNI, which includes members appointed by President Waheed and a representative for former President Mohamed Nasheed. Under its reformed composition, the CNI is also co-chaired by retired Singaporean judge Govinda Pannir Selvam. Representatives from the United Nations and the Commonwealth will also advise the CNI’s work.

The CNI was initially established by President Dr Mohamed Waheed Hassan to investigate the details of February’s controversial transfer of power, before having its board reconstituted following international and domestic pressure.

Potential outcomes

With the government expected to receive the CNI’s report on August 29 – a day before it will be released to the public – Abbas Adil Riza said that the President’s Office saw “no need” to devise plans to address the potential outcomes of the CNI.

“The HRCM report has proven what we have always maintained about how this government came to power. We expect similar findings [from the CNI] that the previous chief executive displayed gross negligence and a violation of laws. We don’t expect a different stand,” he claimed. “However, on the basis of the CNI report, we will take necessary actions against any criminal behaviour found to have been committed at the time, should issues be raised.”

Abbas added that elections were therefore still scheduled for July 2013. Both the MDP and the Commonwealth Ministerial Acton Group (CMAG) have called for early elections to be held during 2012 to resolve the increasingly bittier political divide in the country.

With President Waheed expected to travel to Sri Lanka tomorrow for a postponed state visit, Abbas claimed that no discussions regarding the CNI and its outcomes were planned with Sri Lankan President Rajapaksa.

He added that the visit would therefore be focused on high-level talks concerning wider bilateral relations and commercial opportunities between the two nations.

“Out of context”

Responding to the release yesterday of the HRCM’s findings, MDP Spokesperson and MP Hamid Abdul Ghafoor said the party’s “experts” were studying the individual reports at present before making comment.

However, on a first glance basis, he accused the HRCM of publishing a “convoluted array of statements” that were additionally “out of context” with wider happenings during the transfer of power.

“The report accuses [former] President Nasheed of issuing unconstitutional orders, the whole thing is out of context and frozen over a 48 hour period,” he said. “At this stage, I would say there are many oversights in these findings.”

Ghafoor added that Abbas’ claims that the CNI would draw a similar conclusion to the HRCM’s findings reflected the position taken by Umar Naseer, Interim Deputy Leader of the government-aligned Progressive Party of Maldives (PPM).

On Sunday (August 19), Naseer leaked details of the HRCM’s findings before they had been released publicly, focusing on claims that Nasheed had given “unlawful orders” to the Maldives National Defence Force (MNDF) and police officers at the Artificial Beach area on the evening of February 6.

He added that the HRCM report concluded that the MNDF and police officers at the Artificial Beach area were “unlawfully” ordered to leave the area, which led to a breakdown in command and control of the security forces.

The HRCM report was also said by Naseer to conclude that Nasheed’s orders to leave the area violated article 245 of the constitution, by obstructing security forces from fulfilling their lawful duties.

However, Ghafoor added that he was “not concerned” that the HRCM’s findings would lead the CNI to dismiss the MDP’s allegation that it was removed from office in a “coup d’etat”.

He claimed that due to international participation, the CNI, as an independent body, was well placed to view the HRCM report in the wider context of Maldivian politics. Ghafoor claimed that the CNI would be aware of alleged concerns over the conduct of the country’s independent institutions to do their work without political influence.

Ghafoor alleged that during the last three years, the majority of former opposition, now government-aligned, MPs had allowed the country’s independent institutions to be “shielded” from scrutiny concerning the outcomes of their work.

“The HRCM has always been a source of problems concerning independence” he claimed. “You just need to look at its failure to investigate the atrocities committed under the former government [of President Maumoon Abdul Gayoom].”

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Nasheed discusses CMAG team’s apparent dismissal of “coup” claims in leaked audio

Local television station DhiTV has leaked an audio clip appearing to involve former President Mohamed Nasheed discussing the opinions of several Commonwealth Ministerial Action Group (CMAG) members concerning February’s transfer of power.

In the recording, Nasheed is alleged to have said that three Commonwealth foreign ministers sent to investigate the controversial power transfer had determined that the events on February 7 did not amount to a coup.

Foreign Ministers from Bangladesh, Barbados and Australia visited the country in February concurrent with the body’s remit to investigate potential violations of the organisation’s political values.

In the clip, Nasheed appears to be recounting his discussions with the CMAG members.

“I asked them, if they decide that that’s what happened, what will I do next? The entire opposition of this country will go to prison,” Nasheed appears to claim in the clip, reported to be an excerpt from a thirty minute-long recording.

MDP spokesperson Hamid Abdul Ghafoor told Minivan News that he doubted the clip’s authenticity.

“It’s difficult to believe that Nasheed would talk about it publicly. I feel it is a fabrication,” said Ghafoor.

After sending its investigative team, CMAG announced that it had not been possible to determine the constitutionality of the transfer of power.

The group, therefore, recommended that an independent investigation, with international representation, be conducted.

The Maldives, which since 2009 was a member of CMAG – the Commonwealth’s eight nation watchdog group – was subsequently suspended from the body after being placed on its formal agenda.

Continued pressure for inter-party dialogue and early elections from the Commonwealth led to strong criticism of the organisation from local politicians earlier this year, before resulting in the eventual reconstitution of the Commission of National Inquiry (CNI).

The CNI is scheduled to publicly publish its findings on August 30.

Nasheed’s Maldivian Democratic Party (MDP) has suggested that he and his ministers be reinstated should the investigation find evidence that a “coup” had taken place.

The party also promised its acquiescence in the event that the CNI find no evidence of illegal activity whatsoever, a likelihood Nasheed does not anticipate.

Meanwhile, the government, which has steadfastly denied it came to power in a “coup d’etat”, has officially refused to speculate on the possible fallout from the CNI report.

Leaders from the minority leadership party in the Majlis, the Progressive Party of Maldives (PPM), have said that they would challenge any results which disputed the legitimacy of the President Waheed’s unity government.

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International community “aligned” on plans to address Maldives’ instability: MDP

Maldivian Democratic Party (MDP) representatives have claimed the international community favours pursuing a settlement with the Maldives government to resolve ongoing political instability before next week’s publication of the Commission of National Inquiry’s (CNI’s) findings.

Observing ongoing dialogue between the international community and local political figures, MDP MP and spokesperson Hamid Abdul Ghafoor claimed that the opinions of foreign governments on how to resolve the country’s political deadlock were “now aligned” largely with the stance currently held by the Commonwealth.

He claimed additionally that key regional players such as India appeared committed to “negotiating a settlement” on resolving political disputes that have resulted in the breakdown of political talks and the temporary suspension of the country’s parliament over the last month.

While currently travelling, President’s Office Media Secretary Masood Imad told Minivan News by SMS today that there had been no discussions on any settlement with foreign governments regarding potential commitments it would take following the outcome of the CNI.

The CNI was initially established by President Dr Mohamed Waheed Hassan to investigate the details of February’s controversial transfer of power.

The Maldivian government said earlier this month that in the interests of not interfering with the work of the CNI, it would not hold any dialogue on the commission’s findings until its report was published.

Former President Mohamed Nasheed this week told local media that talks had been held with “prominent officials” in the respective government’s of Sri Lanka and India about the MDP’s strategy on how to proceed regarding its calls for early elections following the release of the CNI’s findings.

MDP spokesperson Ghafoor said he was unable to add any further details to Nasheed’s comments, claiming the “bigger picture” of ongoing international discussions reflected a mutual commitment to resolve political deadlock through dialogue and commitments to early elections.

He added that through ongoing dialogue with government representatives, its coalition partners, and the country’s political opposition, international opinion now generally favoured the stance taken by the Commonwealth Ministerial Action Group (CMAG).

“CMAG has reached a binding decision that has called for early elections, an independent investigation into the transfer of power and dialogue between national stakeholders” he said. “This is position we are seeing shared between a number of international partners. “

With just over a week until the CNI releases its findings, Ghafoor alleged that parliamentary representatives within President Waheed’s coalition government had not forwarded any potential resolutions to resolve the stalled political process.

“[The president] must remember that there are ten days to try to come to a resolution and their biggest demand so far is to cease protests, a commitment that we have carried out,” he claimed.

Despite the MDP’s claims of ceasing street protests, President’s Office Spokesperson Abbas Adil Riza claimed on Saturday (August 18) that the “harassment” of state officials by opposition party members was continuing.

Abbas told Minivan New that President Waheed was committed to taking part in roadmap talks between government-aligned parties and the MDP to try and overcome the country’s political deadlock, but only when he was confident the opposition had stopped its alleged harassment.

President Waheed also reiterated to local media over the weekend that the government would not discuss any outcome of the CNI until the body concluded its work later this month.

The CNI is scheduled to publish its report by August 29 on the events leading to Dr Waheed assuming the presidency . The report will first be made available to the authorities and to the Prosecutor General (PG). The public will be given access to the findings on August 30.

Abbas stressed that the government was committed to not “intervene” in the inquiry’s work, as it had been set up, and later amended under international pressure, to operate without state interference.

“The outcome will be respected by the country’s various institutions such as the Prosecutor General’s Office, the Human Rights Commission and the Police Integrity Commission,” he said.

Senior representatives from several government-aligned parties were not available for comment when contacted today about their plans following the publication of the CNI report.

Dhivehi Rayyithunge Party (DRP) leader Ahmed Thasmeen Ali and Deputy Leader Ibrahim Shareef both had their phones switched off at the time of press.

Jumhoree Party (JP) MP Abdulla Jabir said he was presently travelling and would contact Minivan News once he returned.

Meanwhile, Progressive Party of Maldives (PPM) Interim Deputy Leader Umar Naseer and MP Ahmed Mahlouf were not answering calls at the time of the press.

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Canada condemns Maldives govt’s “politically motivated threats to arrest its opponents”

Canada’s Minister of Foreign Affairs John Baird has issued a statement expressing “deep concern” over ongoing political tensions in the Maldives, in particular the government’s “politically motivated threats to arrest its opponents.”

As Canada’s foreign minister, Baird is a member of the Commonwealth Ministerial Action Group (CMAG), the international body’s democracy and human rights arm that suspended the Maldives following the controversial transfer of power on February 7, and was behind the strengthening of President Mohamed Waheed’s Commission of National Inquiry (CNI).

“It is clear that the arrests of senior officials of the Nasheed government are politically motivated. Such actions are completely unacceptable and must be reversed,” Baird stated.

“The threats of the present government to arrest its opponents, including former President Nasheed – the only democratically elected president in the last four decades – so as to prevent his candidacy, undermine that government’s credibility and violate its undertakings to the Commonwealth Ministerial Action Group. They also fly in the face of the core Commonwealth values of democracy, human rights and the rule of law,” Baird stated.

“The Maldives has been given the benefit of the doubt by the Commonwealth so far. Continued intimidation, illegal arrests and other authoritarian tactics by the present government may require the Commonwealth to consider a different approach, in our view.”

Nasheed was today ordered to attend police headquarters on August 2 concerning comments made during a tapped phone conversation released by police last week, in which the former President states “I think we need to fight back [against police].”

The government’s actions were, Baird said, “further evidence of the need for early elections, as Canada has repeatedly urged. These disputes must be settled, and the will of the people must be heard.”

“In order to safeguard the important democratic progress made in recent years, an inclusive political solution is critical to the future of Maldives. Canada will continue to work with the Commonwealth Ministerial Action Group to push for greater respect for democratic values.”

Canada’s statement on the state of the Maldives is among the most strongly-worded issued by another nation following the political turmoil of February 7, with the exception of Timor Leste (East Timor).

Nobel Peace Prize recipient and President of Timor Leste, José Ramos-Horta, issued a statement on February 21 condemning “the ousting under military pressure” of President Mohamed Nasheed in an ““obvious” coup d’état.

“It should be of concern to the World that extremist elements abusively invoking Islam were instrumental in stirring up violent demonstrations, religious intolerance and social upheaval as the coup d’état set in motion,” Ramos-Horta said at the time.

“Therefore, it is all the more strange and unsettling the silence with which big powers and leading democracies respond to the undemocratic developments in the Maldives. It has been a sad day for democracy in the Maldives and beyond.”

President’s Office Spokesperson Abbas Adil Riza said the Canadian Foreign Minister’s statement was “based on misinformation” as “no arrests have been made and all political opponents are free to conduct their protests every day.”

Riza suggested that the statement was based on information “received only from one side”.

As for the suggestion of a “different approach” by the Commonwealth, Riza said the government was “very much engaged” with the international body, and that Baird’s was “one isolated view” that the Maldives Foreign Ministry would look into.

“We met with several [international] authorities while in Geneva and the Maldives is not much of a concern [to them]. They welcome the work the government is doing regarding human rights and development,” Riza said.

According to tourism statistics 2243 Canadian tourists had visited the Maldives as of June this year, an increase of 4.5 percent on the same period last year.

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CMAG expresses hopes that no action be taken to “negatively affect” inquiry commission

The Commonwealth Ministerial Action Group’s (CMAG) has released a statement emphasising its hope that “no action should be taken by any party or authority that would negatively affect the functioning of the Commission of National Inquiry or the ability of individuals to provide testimony to the Commission,” following its teleconference yesterday.

The Commission of National Inquiry (CNI) was established by President Dr Mohamed Waheed Hassan to investigae the events surrounding the controversial  transfer of power in February.

The statement follows a week in which the fallout from alternative reports of these events – two from the Maldivian Democratic Party (MDP) and one from the original CNI – saw the arrest of the Chief of Police Intelligence Mohamed Hameed for his alleged involvement in the compilation of the MDP report.

The Criminal Court decided to release Hameed this week after extending his initial detention period by five days.

On Tuesday, MDP MP Mariyam Didi was also brought before police for questioning in relation to events to the unrest that followed the police’s May 29 search of the Usfasgandu protest camp.

The MDP released a statement alleging that Didi’s questioning was related to the release of her own report which had argued President Waheed should face prosecution for his involvement in the events of February 7.

“The MDP strongly believes this is a cowardly act to intimidate people who are willing to come forward and provide reliable information to the newly composed CoNI,” said the MDP statement.

The police told local media that the timing of the questioning had been planned for the Thursday before but had been rescheduled at Didi’s request.

Former President Nasheed had also suggested to local media that the delays to the CNI’s reform was a sign of the government’s reluctance to do so.

The original deadline for the changes had been May 31, although the MDP and the government failed to agree on the final member of the commission until June 4.

President Office spokesman Abbas Adil Riza told Minivan News today that he did not believe the CMAG statement was referring to such incidents.

“The police are independent and have not been conducting any unlawful activities,” said Abbas.

Abbas said that the government welcomed CMAG’s words of encouragement regarding the CNI, adding that it was pleased the Commonwealth had “finally accepted the roadmap talks.”

The talks appeared to have been scuttled following a three day retreat at Bandos, at which parties in the ruling coalition presented the ousted Maldivian Democratic Party (MDP) with a list of 30 demands to “resolve the problem of public disturbances”.

They included demands that the MDP “stop practicing black magic and sorcery”, “stop the use of sexual and erotic tools”, and “not walk in groups of more than 10”.

CMAG’s statement today said that it “welcomed and encouraged efforts underway to establish a Maldivian-led dialogue process among key political leaders, which could promote high-level discussions on issues of national concern, including those identified in the Political Party Talks agenda.”

CMAG also welcomed the reformation of the CNI, instigated at the behest of both the international community, the MDP and civil society groups.

The statement outlined the reasons for the formation of the group before expressing its hope that the CNI was now in a position to fulfil its objectives.

“The Commission of National Inquiry was established to undertake an investigation into the circumstances that led to the transfer of power in Maldives on 7 February 2012. This was to enable an independent and impartial investigation to be conducted that would be credible, rigorous and provide confidence to the Maldivian people.”

“The Group noted that the reformed Commission had been formally established on 17 June 2012 and was now operational. It expressed hope that the Commission would be fully able to carry out its work in its own best judgement, and urged all concerned to extend their full co-operation to the Commission.”

The reformed commission includes the three original members – Ismail Shafeeu, Dr Ibrahim Yasir, and Dr Ali Fawaz Shareef – with the addition of retired Singaporean Supreme Court Judge G.P. Selvam and Ahmed ‘Gahaa’ Saeed who was nominated by former President Mohamed Nasheed.

The CNI yesterday announced that anyone wishing to give information to the commission can do so up until June 30. It also welcomed evidence from those who had spoken to the commission before the reforms were enacted.

The commission stated that the evidence and identities of witnesses would be protected.

At a press conference this morning, the CNI told local media that the government would allocate the four Maldivian members “some sort of allowance”, having worked without remuneration up to this date.

The expenses of Selvam, it was revealed, will be borne by the Commonwealth.

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Nasheed nominee to CNI accepted, reportedly withdrawn

Confusion surrounds the appointment of former President Mohamed Nasheed’s latest nominee to the Committee of National Inquiry (CNI). The government today confirmed its acceptance of Mariyam Manaal Shihab to the CNI before local media reported that the nominee had been withdrawn.

President’s Office spokesperson Abbas Adil Riza told Minivan News at around 3:30pm this afternoon that Manaal’s nomination had been deemed acceptable to the government.

“She fits the criteria set down by the government and the Commonwealth. The government welcomes the changes and the MDP’s desire to move forward,” said Abbas.

Abbas said that Manaal had been working as a legal consultant for the Ministry of Economic Development and was “well respected in her field”. She is the daughter of Mohamed Shihab, former Speaker of the Majlis and Minister of Finance under the previous government.

When asked about the nomination at around 4:30, MDP International Spokesman Hamid Abdul Ghafoor said that he had heard about the matter but believed the nomination had happened in a “very direct” manner.

Shortly after this time, however, local media reported an unnamed government official as saying that the nominee had been withdrawn. The same article quoted MDP Spokesman Imthiyaz ‘Inthi’ Fahmy as denying that any such nominee had been posited.

When Minivan News called Abbas at 6:00pm, he said he was aware of these new reports but had yet to receive confirmation of the withdrawal.

“Maybe the MDP is flip-flopping,” he said.

Minivan News witnessed video footage of Inthi being led away by police at the National Council meeting just outside the Usfasgandu area. This area was closed off before being raided by police this morning. Inthi was not answering his phone at time of press.

When Ghafoor was re-contacted, he also said he was aware of the fresh media reports. Ghafoor could not confirm what had happened but pointed out that it had never been the MDP’s policy to discuss the names of potential nominees.

“It has always been the government that releases the names of the nominees. We have never given the names of those proposed,” said Ghafoor.

False dawn

The appointment would have completed the composition of the reformed CNI, representing the culmination of months of internal and external pressure to enhance the credibility of the body assembled by President Dr Mohamed Waheed Hassan to investigate the events of February 7 and 8.

The new-look CNI is scheduled to begin its work on June 1 and is expected to have completed its work by July 31.

The government has threatened to appoint a lawyer of its choosing to the commission should a suitable Nasheed nominee not have emerged by the start of proceedings.

The major impetus for these alterations came from the Commonwealth’s Ministerial Action Group (CMAG) which had set a mid-May deadline for the CNI’s satisfactory reform.

As the deadline approached, the Commonwealth’s Special Envoy to the Maldives Sir Donald McKinnon arrived in Male’, eventually reaching a deal with the government to allow Nasheed to nominate a “suitable” nominee.

These criteria, later clarified by the Commonwealth as people who have not taken a stand on the events in question and who are not expected to testify before the commission, was interpreted more onerously by the government.

The government added the conditions that the nominee must not have served in a political post in the past two years, and must be of “good behaviour and integrity”.

These conditions were labelled “subjective” by the MDP as its first 11 nominees were considered “generally unacceptable” by the government.

This had led to pessimism from within the MDP, with Ghafoor anticipating last week that the Commonwealth would again have to mediate before the issue was resolved.

A successful nomination would bring the CNI closer to being “impartial, credible and broadly acceptable”.

These were the words prematurely attributed to Don McKinnon by the Maldivian government in a statement to the international media, released on the PR Newswire service last week.

This statement brought a swift response from the Commonwealth, which labelled the statement “misleading”.

“Indeed, [Sir Donald McKinnon’s] efforts while in Maldives, and since his departure have been focused on achieving that objective, so that a truly impartial, credible and broadly acceptable Commission of National Inquiry can be put in place within the agreed time-frame,” the Commonwealth stated.

The government’s efforts to implement a commitment made to McKinnon, to strengthen the powers of the CNI and broaden its composition with an international co-chair and nominee of former President Nasheed, “are still ongoing”, the Commonwealth stated.

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