Government-Commonwealth talks continue over CNI conduct concerns

Talks are continuing between the Government and the Commonwealth over the conduct of the Commission of National Inquiry (CNI), just a few days before a deadline to make changes to the body expires.

Speaking to journalists yesterday before departing on a visit to India, President Mohamed Waheed Hassan had said that the international community was mainly concerned about how the CNI was presently being conducted. Dr Waheed said that this issue was now being discussed with Commonwealth representatives presently in the Maldives, according to the Sun Online news service.

The CNI, which was formed by President Waheed to ascertain the events behind February’s controversial transfer of power, has been criticised by the Commonwealth over concerns about its impartiality.

On April 16, the Commonwealth Ministerial Action Group (GMAG) set a deadline of four weeks for the government to revise the CNI’s composition and mandate or face “stronger measures” from the 54 member state intergovernmental organisation.

The president also told local media yesterday that he was not expecting to come under pressure from India to hold early elections in the Maldives this year during his visit.  He claimed that the Indian government was one of the first to “recognise” the current administration.

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President provides account of his actions to CNI

President Dr Mohamed Waheed Hassan on Tuesday met with the Committee of National Inquiry (CNI) to provide an account of his actions during the recent transfer of presidential power.

The CNI was set up by Dr Waheed to investigate the legitimacy and legality of the events between January 14 and February 8 following the claims of the former ruling party, the Maldivian Democratic Party (MDP), that the change of power was tantamount to a coup.

The Committee which consists of Ismail Shafeeu, Dr Ibrahim Yasir and Dr Ali Fawaz Shareef, has been criticised by the MDP who argue that it was assembled without adequately consulting other parties and that it lacks impartiality. The party has refused to work with the CNI.

This criticism was backed by the Commonwealth Ministerial Action Group (CMAG) which has given the government a deadline to address its concerns over the commission’s impartiality and independence.

These calls have more recently been accompanied by the Maldivian civil society coalition Thinvana Adu which was particularly keen to encourage the involvement of international experts in the inquiry process.

The government’s response to CMAG’s criticism was, firstly, to criticise the statement as lacking in specific details, before arguing that it had asked the Commonwealth to assist in the inquiry process but had received no response.

More confusion followed as President Waheed claimed that it was not within his remit to change the compositioin of the commission. This statement was followed by a statment from the commission arguing that changes ought to be made by presidential decree and not at the behest of the commission itself.

The CMAG deadline expires in one week’s time, after which the group has threatened “further and stronger measures” which, according to Spokesperson for the Commonwealth Secretariat, Richard Uku, could include suspension.

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Ruling coalition’s attacks on international community “irresponsible”: Thinvana Adu

Thinvana Adu, a coalition of Maldivian NGOs, have sent an open letter to the country’s political leaders, including President Dr Mohamed Waheed Hassan, voicing concern over what they describe as “irresponsible” allegations made against international bodies seeking to mediate in the current political dispute.

The open letter argues that assistance from the international community is vital in consolidating the rule of law in a young democracy such as the Maldives.

In response to strong criticism of the role the Commonwealth is playing in Maldivian politics from some political leaders, Thinvana Adu has argued that international interest and concern in the Maldives is normal and should not be perceived negatively.

“Instead of fostering hatred among the people toward the international community, the Thinvana Adu group urge the government, stakeholders, and political actors to strengthen relations with international community to achieve sustainable development,” the letter said.

“In a globalised world, one country’s interest is of another country’s concern. No country can remain isolated from the world, especially a country like the Maldives, a country that is economically vulnerable,” it continued.

Ahmed Nizam, spokesman for the Thinvana Adu coalition, said that the open letter hoped to address the “anti-foreign sentiment” that the group had observed in the parliament.

“We feel that most countries in the Commonwealth are friends in the region too. Being a small country with a small population, we are dependent on other countries,” said Nizam.

“Anti-foreign sentiment”

Criticism over the role of the Commonwealth Ministerial Action Group (CMAG) began shortly after its first statement in March when it called for “the earliest possible expression of the will of the people was required to establish universal faith in the legitimacy of those who govern the [Maldives].”

This statement provoked an “astonished” response from the government. PPM MP Abdul Raheem Abdulla said, “[the] statement is biased and that it harbours the interests of a particular individual”.

State Minister for foreign affairs Dhunya Maumoon added: “My hope is that the UN and other neighbouring countries help the Maldives on its request. It is not for them to impose their interests on us.”

CMAG’s April statement brought even heavier criticism of the government which, in turn, prompted a greater backlash from coalition politicians. The composition and impartiality of the government body tasked with investigating February’s change of power, the Committee of National Inquiry (CNI) was strongly criticised.

CMAG’s threat of “further and stronger measures” should the CNI not be revised within four weeks of the April 16 statement was met with criticism of CMAG’s research methods and arguments that it had not provided assistance when requested.

On April 23, Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed, voiced his support for the country’s withdrawal from the Commonwealth.

“There is no reason to have international relations with a group like this, who don’t even know how to ensure justice,” he said. “I propose to disaffiliate ourselves from the Commonwealth for now.”

After statements from former President Maumoon Gayoom suggested a “rethink” of the Maldives’ need to be part of the Commonwealth Riyaz was joined by Ahmed Ilham of Gayoom’s Progressive Party of Maldives (PPM) in submitting a bill to withdraw from the organisation.

The bill was submitted on April 29 and had not been considered by the Majlis before it broke for a month’s recess last week although the leader of the Dhivehi Rayyithunge Party (DRP) Ahmed Thasmeen Ali, a member of the government’s coalition, declared that his party would not support the bill.

Speaking shortly after being sworn in as Vice President, Mohamed Waheed Deen, said last month that, although the government intended to cooperate with the Commonwealth, he added a warning that outside interference in the Maldives’ domestic affairs would be seen as an “attack on our independence and national sovereignty”.

Voices of dialogue

The repercussions of dislocation from the Commonwealth were described to Minivan News recently by the New Zealand geopolitics consultancy, 36th Parallel Assessments.

The consultancy discussed the case of Fiji, which was suspended from Commonwealth in 2009 after its failure to restore democracy following a military takeover. The group described an “estrangement” from western aid and technical programmes and a shift in attitudes toward investment in the country, citing tourism as a prominent example.

“[Fiji’s] brand of authoritarian government caused aid donor nations and bodies (most significantly donor funds from the European Union) to be cut. Donors became reticent to commit development funds to Fiji, and indeed the Commonwealth member states in the Pacific region used this withdrawal of aid funds as a lever to pressure Fiji to return to democratic rule,” explained Selwyn Manning of 36th Parallel.

Thinvana Adu, whose name translates as ‘Third Voice’, comprises Transparency Maldives, Maldivian Democracy Network, Democracy House, and the Maldives NGO Federation which itself represents 59 organisations.

The letter urged politicians to refrain from isolationism and to work in the best interests of the country rather than personal self-interest.

Instead, the group argues that as much assistance as possible ought to be sought from the international community.

Since the civil society coalition was formed, it has met with government and opposition politicians from both the government coalition as well with Commonwealth, United Nations, and European Union representatives.

The group had hoped to act as observer on the CNI but has decided to step back whilst the appropriate composition of the commission is determined. Nizam explained that the group will write to the CNI today, expressing their continued desire to observe once the CNI is reformed.

The groups professed aim is to enhance dialogue across the political divide that it feels has grown wider since February 7.

The group hopes to hold a public forum at the end of the month which will enable an open discussion of the most important issues afflicting the country.

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President Waheed will not stand for re-election: PPM VP Umar Naseer

Vice President of former President Maumoon Abdul Gayoom’s Progressive Party of Maldives (PPM), Umar Naseer, has said the government faces “no international pressure” to hold early elections and will remain in power until 2013.

Naseer also emphasised that he does not expect President Mohamed Waheed Hassan to stand  for election during presidential polls scheduled for next year.

PPM deputy Naseer told Minivan News today that beyond a few “powerful” members in the Commonwealth, the present coalition government, in which his party is represented, faced no international pressure to hold fresh polls this year.

The comments were made after former President Maumoon Abdul Gayoom also claimed this week that international calls for early elections to be held in the Maldives have grown “faint” and were “not an issue” to foreign dignitaries he had met recently.

The government of President Mohamed Waheed Hassan has nonetheless faced criticisms from international bodies like the Commonwealth and the EU in recent months over its commitment to independently investigating how it came to power in February.

On April 16, the Commonwealth Ministerial Action Group (CMAG) warned it would consider taking “stronger measures” against the Maldivian government should it fail to revise the composition and work of an independent inquiry panel.  The panel, known as the Commission of National Inquiry (CNI) was formed by the president to ascertain the exact details behind February’s transfer of power.  The Commonwealth has also recommended that early elections be called this year to overcome political uncertainty across the nation.

In a previous interview with Australian television, Naseer explained the perspective of the opposition demonstrators on February 7.

“We had a small command centre where we do all the protests. I command from the centre and give instructions to my people,” Naseer explained.

“On the protesters’ side, we were informing and educating the police and army through our speeches and television programs.”

Asked by SBS journalist Mark Davis if the opposition had made any other inducements, such as promises that they and their families would be “looked after” if they switched sides, Naseer said “there were.”

“We called on army and police and said that if a person was fired from his position because of their refusal to follow an unlawful order, the opposition would take care of them,” Naseer said.

President Waheed’s government has meanwhile insisted that presidential elections are not possible until July 2013 under the present constitution.  The Maldivian Democratic Party (MDP) has refuted this claim, saying that fresh elections could be held within two months should the president resign from his position and hand over power temporarily to the parliamentary speaker. The now opposition MDP also stressed that it believes that the earlier elections can be held, the “better it would be” for the party.

Electoral defeat

Umar Naseer, who had previously served as deputy leader of the Dhivehi Rayyithunge Party (DRP) before being dismissed, claimed that beyond the constitutional factors preventing elections this year, the MDP now also realised that they faced electoral defeat.

Recent by-election victories for the party, which have seen the PPM claim two island council seats and a seat in the People’s Majis, showed clear public support for the wider coalition government, Naseer said.

“If [general] elections were held right now, the MDP would be defeated badly,” he said. “The MDP understands this.”

Ahead of any presidential elections, Naseer claimed PPM was now focused on bolstering its presence in the Majlis after last month assuming the minority parliamentary leadership role.

The PPM now has the second highest number of MPs in parliament behind the MDP, which has retained majority leadership in the Majlis chamber.

Naseer claimed the party would continue pursuing a coalition that would allow it to replace the MDP as majority leader in the majlis.

“Our main focus now will be the elections in 2013,” he said.

Naseer added that with uncertainty over whether President Waheed would stand for election to head the national executive beyond 2013, the PPM would be working to strengthen the position of its own possible presidential candidate.

“My feeling right now is that [President Waheed] will not stand during the presidential elections,” he claimed.

Naseer’s comments echoed claims by former President Maumoon Abdul Gayoom during a Progressive Party of Maldives (PPM) gathering near Male’s artificial beach area on Thursday evening (May 3).  Gayoom, who served as the country’s autocratic ruler for 30 years before being voted out in the country’s first democratic elections held in 2008, said that he had been meeting various ambassadors accredited to the Maldives of late.

None of these ambassadors, he claimed, had talked about early presidential polls.

The former president added that the two parliamentary by-elections held last month – both won by government-aligned parties – were an indication that the same outcome could be expected nationally if presidential polls were held at present.

There were however mixed fortunes for the government during two island council by-elections held the same day last month, with the now opposition Maldivian Democratic Party (MDP) taking one of the available seats.

National inquiry

Gayoom also reportedly used his address to discuss the CNI that has been criticised by the Commonwealth’s human rights body, CMAG, for not being “independent” or “credible” in regards to its work.

During his speech, the former president claimed that despite some foreign criticism, it was up to the Maldives to resolve its own internal issues

“That does not mean we should not consider the advice of foreign partners as they would give us right opinions and views. However, we have to take such opinions and advise into consideration and use what is right for this country,” Gayoom was quoted as saying by local newspaper Haveeru.

The PPM won three out of six by elections held since February’s transfer of power.  Alongside these election results, Gayoom claimed that parliamentary approval of the appointment of a new cabinet and vice president –albeit after the MDP refused to participate – proved the legitimacy of the current government.

The former president also used his address to to discuss the future for the PPM, which is set to hold its national congress between September 13 and September 15 this year. Gayoom said that during the event, any member of the party would be allowed to contest for whatever positon they wanted

“This party would not function according to the whim of a single individual, me included,” Haveeru quoted the former president as saying.

“Entrenchment”

Responding to the PPM’s statements, MDP spokesperson Hamid Abdul Ghafoor claimed that Gayoom was trying to mislead the public over the international pressure the government was currently under.  Ghafoor said he believed pressure was increasing for early elections and an independent review of February’s transfer of power.

“We have got structural assurances from the 54-member state Commonwealth in the form of time frames for both early elections and the CNI review,” he said.  “These time-frames have also been backed by India and the US.”

Ghafoor claimed that the MDP was itself hoping for presidential elections to be held as quickly as possible, alleging that government-aligned parties were looking to stall polls for as long as possible in order to damage “independent institutions” like the Elections Commission.

“We believe that the sooner elections can be held in the country the better. While the government believe the later the better,” he claimed.  “What they want is to entrench themselves in power before elections can be held.”

Ghafoor alleged that similar attempts to entrench a government into independent institutions  had be seen this in many countries that have undergone apparent coups such as Honduras and Fiji.

Ghafoor said he believed that the time-frame set by CMAG for elections to be called during 2012, represented an awareness among the international community that the current government was trying to “entrench” itself into national institutions.

“Last week, we met here in Male’ with five Members of European Parliament (MEPs). They confirmed that they still stood behind CMAG and its calls,” he claimed.

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Comment: Weathering the storm – the Commonwealth and Maldives

The Commonwealth Ministerial Action Group (CMAG) is in the eye of a storm in Maldives. In its last meeting on 16 April it warned that it will consider “stronger measures” if the terms and reference and composition of the Maldivian National Commission of Inquiry is not “amended within four weeks in a manner that is generally acceptable and enhances its credibility”.

“Stronger measures” is probably a hint at suspension from the Commonwealth. Over two weeks have passed since that decision, now in Maldives there is talk about withdrawing the country’s membership from the Commonwealth.

How did all this come about? In the past few months, events in the Maldives have caught headlines and raised eyebrows across the world. These months saw the country’s democratic transition plagued by serious uncertainty. The most sensational part of this turn of events is mystery around the exit of former President Mohamed Nasheed.

The National Commission of Inquiry (NCI) was set up by the government to look into what transpired on the fateful day of 7 February 2012 when Vice President Mohamed Waheed Hussain took over following Mr Nasheed’s resignation – which the latter subsequently claimed was forced at gun point. The immediate backdrop for this is the military’s arrest the Chief Judge of the Criminal Court on 16 January 2012 under Mr Nasheed’s orders – a move that attracted international condemnation and regular protests in Maldives.

Mr Nasheed claimed that the judge who was under investigation by the Judicial Services Commission (JSC) represents a judiciary that is dysfunctional – while protests continued to rage and reports of a possible police mutiny began to emerge as 7 February unfolded.

Storm clouds have gathered over Maldives for long and the recent series of events are a culmination of what has been brewing for a while. Following a drawn out pro-democracy struggle in the Maldives led by Nasheed’s Maldivian Democratic Party (MDP), the 2008 Presidential elections saw Mr Nasheed contested against the incumbent Mr Maumoon Abdul Gayoom and winning – albeit by a margin of about eight percent.

The end of the 30 year regime of former President Gayoom was widely perceived as the beginning of full-fledged democracy in the Maldives. Since then, what began as a smooth ride eventually began to get bumpy. Rising prices, drug and crime issues, economic disparity, corruption allegations and concerns over the transparency of increasing foreign investments all began to cause unrest. Towards the end there were frequent public demonstrations and political standoffs.

While stalemates between the opposition dominated Parliament and the executive has been an issue, divisions also emerged between the executive and the judiciary – most of the appointments in the latter had been made during Gayoom’s tenure and the executive viewed this wing of state as being unreformed and loyal to the former regime.

The international community including the Commonwealth eased out of their heightened scrutiny of Maldives following the 2008 Presidential elections. In the aftermath the country’s nascent democracy has faced severe tribulations. Maldives is precariously located in the tip of South Asia, in the middle of strategic sea lanes making it important economically and politically both for the West and the two Asian giants – China and India. The crisis in the Maldives is an important bellwether of the edgy geopolitical climate in this region which has already found reflection in other countries of the region such as Sri Lanka.

While a lot of the current focus is mired over opposing political views within Maldives, it is important to remember that the vagaries of politics inside and outside the country should not ultimately lead to the Maldivian people viewing the values of human rights and democracy with blighted hope. It is important that these values are upheld and the protections that they afford are ensured.

An important step in doing this is to make sure that truth is both told and is seen to be told, freely sans politicisation. In this context, it is important that the National Commission of Inquiry is credible and is able to investigate and report freely and publicly. This call for credibility and impartiality has also been aptly echoed and elaborated by several Maldivian NGOs coming together in a new civil society coalition called ‘Thinvana Adu’ or ‘Third Voice’. Independent institutions in the Maldives such as the Human Rights Commission of Maldives (HRCM) and the Police Integrity Commission (PIC) should follow this lead and conduct their own parallel investigations and report publicly at the earliest.

Even though the Commonwealth should have made more early and transparent efforts to scrutinise the progress of democracy in the Maldives, it is a good sign that after years of being dormant CMAG has now taken the directions given to it in the 2011 Commonwealth Heads of Government Meeting seriously. It is also important that CMAG has recognised the need for a credible National Commission of Inquiry. If Maldives decides to leave the Commonwealth it will be the only other country after Zimbabwe to do so – a parallel that may be politically damaging for Maldives to equate itself with at this time of crisis.

R Iniyan Ilango is a Coordinator for the Strategic Initiatives Programme of the Commonwealth Human Rights Initiative.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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DRP will “categorically” not support withdrawal from Commonwealth: Shareef

President’s Office Spokesperson Abbas Adil Riza has given assurances that the government coalition of President Dr Mohamed Waheed Hassan remained strong, despite a differing of opinions between pro-government parties regarding the bill proposing the Maldives’ withdrawal from the Commonwealth.

“The coalition is strong, there are no issues with that. It shows that even on issues on which we disagree, we can work together. That’s what being in a coalition is all about,” said Abbas.

“Nasheed’s coalition split within 21 days – we are already passed this date. There are no long term issues,” he added.

A bill to withdraw the Maldives from the Commonwealth was submitted to the Majlis on April 29 and has been labelled in the local media as “not responsible” by the leader of coalition member Dhivehi Rayyithunge Party (DRP), Ahmed Thasmeen Ali.

Speaking with local newspaper Haveeru, Thasmeen criticised the decision not to consult with other parties within the coalition. The bill was submitted by Progressive Party of the Maldives (PPM) MP Ahmed Ilham and Dhivehi Qaumee Party, also a part of the coalition, (DQP) MP Riyaz Rasheed.

Deputy leader of the DRP, Ibrahim Shareef, today said that the party was in general support of the government: “But we cannot give in where the party’s core values are at stake.”

“We will try to run the ministries allocated to us and will support the government on matters we agree upon. On matters we disagree we will vote against,” he said.

When asked about the core values that divide the PPM from the DRP, Shareef said that he was unsure of the specific values of the PPM.

He said that the core values of the DRP were an open economic policy, private enterprise, equality and justice, democracy and the protection of law for everyone equally.

Leader of the DQP and Special Advisor to President Waheed, Dr Hassan Saeed, wrote an opinion piece for Haveeru on April 26 entitled: “Voters need to know what the party stands for”.

In the article he wrote: “We need political parties with clear political platforms. But before this we need to understand where those policies come from. What are the values that underpin them?”

He argued that clearer differentiation between parties would enable voters to make informed choices. Otherwise, Dr Saeed argued that voters fall back on reasons such as personality politics.

He argued that this was “the most dangerous because it can lead to a crude populism where big personalities attempt to outbid each other with unkeepable promises.”

The PPM, headed by the former President of thirty years Maumoon Gayoom, was formed in October 2011 following acrimonious divisions within the DRP. Gayoom had previously announced his retirement from politics but has become increasingly active in 2012.

The decision to forward the bill followed comments by Gayoom criticising the recent Commonwealth Ministerial Action Group (CMAG) statement. The statement criticised the government’s apparent failure to establish an impartial body to investigate the events that led to Nasheed’s resignation. It also repeated prior calls for fresh elections to end conjecture over the legitimacy of the current government.

Days before the submission of the withdrawal bill to parliament, Gayoom was reported as having questioned the necessity of the Maldives’ Commonwealth membership.

Gayoom became the Maldives’ third President in 1978 and the country joined the Commonwealth in 1982.

Gayoom was reported by Haveeru, however, to have argued that the nature of the body had changed since that time, resulting in a situation that no longer benefitted smaller nations.

“The actions of the Commonwealth have changed since then, to a point where we now have to have a rethink about the whole situation. That’s how much the world has changed now,” he claimed.

Gayoom’s said his comments were also based on the fact that the country had never itself been a former colony unlike neighbours such as India and Sri Lanka.

Earlier in the month, on the eve of the CMAG meeting, Gayoom warned PPM supporters that the country must be wary of foreign attempts to “intervene in our internal affairs”.

A PPM MP spoke to Minivan News following the announcement of the bill, saying: “From my view it is not something that has been discussed within the PPM yet,” the MP said yesterday.

“I have previously expressed my concern that [leaving the Commonwealth] is not the best way to solve this issue. It is not really a choice we can take,” said the MP who wish to remain unnamed.

The DRP’s Ibrahim Shareef said that DRP’s united stance was, “Categorically, we would not support a withdrawal from the Commonwealth.”

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DQP MP Riyaz, PPM MP Ilham submit bill to withdraw Maldives from Commonwealth

MP of former President Maumoon Abdul Gayoom’s Progressive Party of the Maldives (PPM), Ahmed Ilham, and Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed have submitted a bill to parliament that could see the Maldives withdraw itself from the Commonwealth within 60 days of ratification.

Under the proposed bill, a decision to later rejoin the 54 member state intergovernmental organisation would require a similar act to be passed in parliament.

A PPM MP  told Minivan News on condition on anonymity that  there has been no discussion among members following the submission of the bill.

The MP emphasised that the wider party had not yet discussed a policy on leaving the Commonwealth, while also stressing the need for further dialogue with the organisation.

The Commonwealth Ministerial Action Group (GMAG) has increased pressure over the last month on the Maldives government to revise the composition and mandate of an independent commission established to ascertain the nature of the controversial transfer of power in February.

CMAG said that “stronger measures” would be considered against the Maldives over the next month if it failed to enact changes to the Commission of National Inquiry (CNI) to ensure it was more “credible” and “independent”. These claims led to a backlash from some government-alligned MPs accusing the Commonwealth of showing “bias” and not respecting the country’s constitution.  The government of President Mohamed Waheed Hassan has stressed it remains committed to the body despite some reservations about the clarity of CMAG’s agenda.

However, after submitting the bill to parliament yesterday, MP Riyaz claimed in local media that the Commonwealth was working to “protect the interests” of one party in the country without understanding the “reality” of the situation.

Ilham meanwhile told the press that although withdrawal from the Commonwealth was not seen as the “best option”, the bill had been forwarded “in consideration” of issues that may affect the country in the future.

MPs Ilham and Rahseed were both unavailable for comment when contacted at Minivan News at time of press. PPM Parliamentary Group Leader Abdulla Yameen was also not responding.

Party discussions

The PPM MP said that he was aware that the bill had been submitted yesterday evening by two members of parties belonging to the coalition government, yet was not sure of the exact details of the proposed bill.

“It is at a  very early stage right now, I do not know myself what it is about,” he said. “From my view it is not something that has been discussed within the PPM yet.”

The PPM member added that a recently founded joint parliamentary group consisting of several coalition parties had also not had the chance to discuss any motion on leaving the Commonwealth.

“I have previously expressed my concern that [leaving the Commonwealth] is not the best way to solve this issue. It is not really a choice we can take,” he said. “I would still say that there is a chance to sit down together and discuss this matter.”

“Anything can happen in politics”

MDP spokesperson and MP Hamid Abdul Ghafoor said he suspected that even if all the PPM and DQP parties’ members backed the bill, there would not be enough support to pass the motion to leave the Commonwealth in the Majis.

“I don’t believe they could get backing for such a bill, this is simply Gayoom posturing,” he claimed. “Of course, anything is possible in politics, but I do not think the Maldivian people would support this. We are a tourism-based economy and this move would not be good for investor confidence in future.”

Ghafoor added that submission of the bill itself was “extremely revealing” of the attitude of government-aligned MPs towards establishing an independent investigation of February’s transfer of power through the CNI.

“I’m a little perplexed as to why they are acting this way.  The MPs are clearly upset about the Commonwealth’s calls and this has been seen in the increasingly xenophobic language [in Dhivehi] used by some of the parties regarding the outside world and the Commonwealth.”

Ghafoor claimed that the MDP was itself completely against leaving the commonwealth, a decision he believed would be shared by the majority of the public who were “aware of the benefits” that the organisation had  afforded to the country.

“The MDP certainly has a global outlook. Therefore the thought of leaving an international organisation like the Commonwealth in this day and age is the height of ridiculousness,” he said.  “Clearly the PPM believe that we are still in the 1930s.”

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“CMAG lacks clear mandate to place Maldives on its agenda”: government tells EU

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

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

However, in a statement obtained by Minivan News provided to a monthly EU parliamentary session on South Asia, Didi said the situation in the Maldives did not allow for the country to be placed on the Commonwealth’s agenda.

Didi said the enhanced mandate of the CMAG approved in Perth in October 2011 only allowed the organisation to place a country on its agenda if there was: “(1) unilateral abrogation of a democratic constitution or serious threats to constitutional rule; (2) the suspension or prevention of the lawful functioning of parliament or other key democratic institutions; (3) the postponement of national elections without constitutional or other reasonable justification; and (4) the systematic denial of political space, such as through detention of political leaders or restriction of freedom of association, assembly or expression.”

“As you would agree, the Commonwealth Ministerial Mission that visited the Maldives from 17-19 February was not able to determine whether any of the above four conditions exists in the Maldives,” Didi claimed.

But the government of Maldives will continue to extend “maximum level of cooperation” to the Commonwealth “despite the fact that, in our opinion, the CMAG lacks a clear mandate to place the Maldives on its agenda,” Didi said.

In his five page statement, Didi further criticised the CMAG for not responding to requests for assistance to the government’s inquiry into the transfer of power, and reiterated the government’s commitment to holding presidential elections in 2013. He also claimed President Nasheed was ousted in a widespread popular uprising following Criminal Court Head Judge Abdulla Mohamed’s detention and said that normalcy and stability had returned to the Maldives.

Further criticisms

The CMAG and the EU have called for an independent and impartial investigation into the transfer of power and urged the Maldives to hold an early presidential election within the calendar year.

New President Dr Mohamed Waheed Hassan set up a three member Committee of National Inquiry (CNI) to investigate the circumstances surrounding Nasheed’s resignation, but the CMAG has challenged the committee’s independence, and in April warned of “further and stronger” measures should the Maldives fail to review the committee’s composition and mandate.

However, Didi supported the CNI’s independence and said the Commonwealth and the United Nations had not responded to requests for technical and legal assistance for the CNI.

Spokesperson for the Commonwealth Secretariat, Richard Uku had previously told Minivan News that the CMAG remained “ready to assist the Commission as soon as broad-based political agreement is reached on its composition and terms of reference.”

Didi also acused the CMAG of failure to respect understandings reached by the Maldives government and the Commonwealth’s Special Envoy Sir Don McKinnon. He did not provide details on the nature of the understandings reached between the government and McKinnon.

“Yet, I note with regret that the understandings we reached with the Secretary General’s Special Envoy, H. E. Sir Don McKinnon has not been respected by the CMAG or the Commonwealth Secretariat. The cooperation we give to the Commonwealth is not reflected in the statements issued by the CMAG. My government would therefore need the assurance from the Commonwealth Secretary General that the organisation’s interaction with the Government of Maldives is serious and that any understanding reached with the Government would fully be respected,” Didi said in his statement.

Commission of National Inquiry

Didi said the CNI “is conducting its work in complete independence from the Executive and other branches of government.”

He  also provided details on the government’s efforts to make the CNI acceptable to President Nasheed and to solicit international assistance.

“Names of the Commission members were shared with the MDP through international partners but no response was received. Eventually, the Government had to establish the Commission with the consultation and guidance of members of the international community. Although the Commission comprises officials with immense integrity and respect in the country, it has requested both the Commonwealth and the United Nations for technical and legal experts to assist the Commission in carrying out its work. The terms of reference of the request experts were drawn up in close consultation and in complete agreement with the Commonwealth Secretariat. Despite repeated follow-ups by the Government, there has been no response from any of the two organizations to the request.”

Didi further claimed President Nasheed had not exhausted domestic legal avenues for justice.

“His own party’s Vice President Alhan Fahmy, MP, called for a parliamentary inquiry into the events that led to transfer of power. However, this was also later withdrawn from Parliament when Nasheed decided he did not want inquiry from taking place,” he claimed.

Fahmy had submitted the resolution to Majlis’ National Security 241 committee. Nasheed’s Maldivian Democratic Party (MDP) MPs said they had walked out of the committee because the committee was chaired by MP Gasim Ibrahim who they accuse of funding the alleged coup d’état.

Early election

Didi noted the EU’s call for early elections, but said that July 2013 was the earliest date allowed for elections in the constitution. Further, an early election could not be held while the Office of the President continues to be occupied, he claimed.

“When Maldivians voted in 2008, they voted for a President and a Vice-President. Every vote that Mr Nasheed received was also received by Dr Waheed. The Vice- President is elected for the primary purpose of filling the office of the President, should it become vacant during the term of Presidency, for any reason,” the statement said.

“Normalcy has returned”

Didi also assured the EU parliament that “stability and normalcy” had returned to the Maldives.

“The political situation in the Maldives is stable and normalcy has returned to the country. All state institutions are open, and fully functional. The schools are open, and functioning as normal. Hundreds of tourists visit the Maldives every day. In short, people in the Maldives go about their lives as normal.”

According to Didi, Dr Waheed’s administration was “committed to enact reform legislation, strengthening judiciary, building capacity of independent oversight bodies, modernising the criminal justice system and fighting corruption.”

He alleged corruption was “endemic” in Nasheed’s administration and claimed that President Waheed had set up a “High Level Task Force” to ensure compliance with the Anti- Corruption Commission and Auditor General’s reports and recommendations.

Nasheed left the Maldives at the verge of bankruptcy, Didi alleged, saying that Maldives’ debt had risen from 46 percent of GDP to 88 percent of GDP during Nasheed’s tenure.

“A team of IMF officials that visited the Maldives a few days back issued a stern warning to the Government that unless painful measures are taken urgently, the Maldives faces economic and financial crises within a matter of few months,” Didi claimed.

“Widespread popular uprising”

Didi claimed President Nasheed resigned following “a widespread popular uprising” after Nasheed “abducted” Criminal Court Chief Judge Abdulla Mohamed.

The judge was not granted access to a lawyer or family for 22 days and refused to obey a Supreme Court ruling to release the judge, spurring a series of nightly protests against Nasheed, Didi said.

“The Government’s response to the protests was the use of tear gas and arrests. Simultaneously, however, hundreds of convicted criminals were released from the prison, and were put on the streets to clash with the protesters,” the statement read.

After 22 days of protests, Nasheed’s administration ordered the police to withdraw from the streets, “and the protesters from both sides were left to fight physically and the security forces were ordered to do nothing,” Didi said.

“Reporters and protesters were getting serious injuries and taken to hospital in numbers. Eventually, the police who had been withdrawn from the site, decide, on their own volition, to go and stop the clashes and implement law and order. All of this was being broadcast live on TV and was witnessed by the people of the Maldives.”

“Following this, orders were given to arrest the police officers, who had intervened, upon their return to the Police Headquarters. At which point, majority of the police force decided to join hands and took their position on the square in front of the Police Headquarters and MNDF Head Quarters. Then began the police and armed forces stand-off. In the ensuing time, President Nasheed decided to resign,” the statement narrated.

MDP Spokesperson Hamid Abdul Ghafoor refuted claims of popular uprising saying the protesters only numbered a few hundred people consisting of “police in plain clothes and opposition party members who were paid to protest.”

Further, Ghafoor said Judge Abdulla had been granted access to a lawyer and family members, but had refused to see his family. Hamid also noted that the Human Rights Commission (HRCM) had visited the judge on January 20 and told media that the judge was in good health, and had the ability to freely roam the island.

Hamid also condemned Didi’s failure to include in his report the police’s ransacking of MDP offices in the early hours of February 7, the hijacking of state broadcaster MNBC One, and the police’s brutal crackdown on Nasheed and his protesters on February 8.

Read the government’s full statement to the EU (English)

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No response to requests for Commonwealth assistance with inquiry, alleges Foreign Ministry

The Foreign Ministry has issued a statement in Dhivehi claiming the Commonwealth had not answered the government’s requests seeking expertise for the Commission of National Inquiry (CNI).

The CNI was set up by President Dr Mohamed Waheed Hassan to investigate the controversial change of power on February 7 which the ousted Maldivian Democratic Party (MDP) maintains was a coup d’état orchestrated by remnants of the former dictatorship, funded by several resort interests and carried out by mutinous police and military units.

The Commonwealth Ministerial Action Group (CMAG) on April 16 challenged the independence of the commission, urging the government “to review immediately the composition and terms of reference of the Commission to make it genuinely independent, credible and impartial. CMAG reiterated the Commonwealth’s offer to provide assistance in this regard.”

However in its statement yesterday, the Maldives Foreign Ministry claimed “when the inquiry commission was set up on February 22, this ministry requested the Commonwealth for expertise. This ministry sent the terms of reference for such an expert to the Commonwealth. However, the Commonwealth has not sent an answer to the request to this day.”

“The Maldivian government has previously agreed to the Commonwealth Ministerial Action Group’s call for international expert assistance as per the CMAG statement. Hence, the Maldivian government requests an international expert for the inquiry commission in the near future with Commonwealth’s support,” the Ministry stated.

Spokesperson for the Commonwealth Secretariat, Richard Uku, said that CMAG had noted during its teleconference on March 15 that while the CNI had commenced work, “it had failed to secure cross-party support.”

“[CMAG] Ministers acknowledged that international assistance had been requested, and noted that the Commonwealth could be of potential assistance,” Uku said.

Following a visit to the Maldives by the Secretary-General’s Special Envoy, Sir Donald McKinnon, the Commonwealth had discussed the provision of a senior judicial advisor to the CNI, Uku explained.

“Draft terms of reference for the adviser were agreed with the Government of Maldives, and preparations made for the selection and placement of a Commonwealth adviser. However, by this time it had become amply clear that the existing composition of the Commission did not enjoy broad political acceptance. The Secretary-General’s Special Envoy consequently focused his discussions with parties on attempting to facilitate agreement on this matter,” he said.

“At their meeting on 16 April, CMAG ministers were concerned that the Government had not made any moves to revise the composition of the CNI in a manner that would enhance its credibility. CMAG accordingly asked for the composition and terms of reference of the CNI to be reviewed in order to make them generally acceptable.

“Pending such a review,” he concluded, adding that the Commonwealth remained “ready to assist the Commission as soon as broad-based political agreement is reached on its composition and terms of reference.”

Rising rhetoric

In its concluding statement on April 16, CMAG warned of “stronger measures” against the Maldives “should the composition and terms of reference of the Commission not be amended within four weeks in a manner that is generally acceptable and enhances its credibility.”

Uku told Minivan News last week that while the Secretariat would not speculate about what “stronger measures” might entail, a range of options were available to CMAG “including suspension from the Councils of the Commonwealth”.

Figures in the new government and MPs of the new ruling coalition have reacted angrily in parliament and in local media to the deadline, possibility of Commonwealth suspension and accompanying international censure.

Haama Daily reported State Minister for Foreign Affairs and daughter of former President Maumoon Abdul Gayoom, Dunya Maumoon, as questioning CMAG’s impartiality, claiming their response was based on “incomplete information” and stating that it was “very apparent that CMAG is not aware of Maldives’ laws and regulations.”

President Waheed’s political advisor, Ahmed ‘Topy’ Thaufeeq, posted on Twitter that the Commonwealth “has no right to call on Maldivian govt to hold ‘early’ elections against the country’s constitution.”
“CMAG can take whatever action it wants if the Maldives does not hold early elections against its constitution. Go ahead if that is democracy,” Thaufeeq stated.

State Minister for Tourism, Ahmed Shameem, was reported in newspaper Miadhu as accusing the Commonwealth of showing contempt for the Maldives constitution, claiming that “some entities of the United Kingdom are trying to shatter the Islamic unity of the country.”

“Everyone wants their puppet to rule the country. Nasheed ruled Maldives as a puppet of the United Kingdom. Nasheed is ready to destroy the Islamic unity of Maldives,” Miadhu reported Shameem as saying.

State Minister for Fisheries, Fuwad Gasim, also alleged in Miadhu that “Most foreign ministers sitting in CMAG would not even know the colour of the Maldivians.”

“A group like that all of a sudden releases a statement listening to only one party through a teleconversation and comments on issues. This is not how responsible organisations do things,” Fuwad claimed.

Fuwad said that a statement released by the Commonwealth after “thoroughly considering what has happened in Maldives” would “differ a lot from the original statement.”

“There are countries in the Commonwealth that know what happened on February 7, and haven’t said it was a coup,” he said.

Fuwad added that India had been observing the events from the day they unfolded, and that all political leaders were in touch with Indian High Commissioner D M Mulay.

“They were regularly updating Mulay about the events,” he said. “So I believe Mulay had been observing the events of February 7 and he would have said whether it was a coup or not. India was the first country to recognise the new government, so how could we give credibility to a report made by those who were  too far away?”

Meanwhile, speaking in parliament today, Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed called on the government to preemptively withdraw from the Commonwealth.

“There is no reason to have international relations with a group like this, who don’t even know how to ensure justice, he said. “I propose to disaffiliate ourselves from the Commonwealth for now.”

MP Muththalib from the Adhaalath Party accused CMAG of being “a weapon used to destroy the religion of this country.

“I do not believe CMAG has any right to call on us to hold early elections. We should consider the countries that are doing things for us,” he said.

“If the current government feels that disassociating with CMAG or the Commonwealth is the best thing for this country, I am in full support for this Majlis to pass such a motion.”

The MDP released a statement claiming it was concerned that attempts to discredit international bodies locally would lead the Maldives down the path of international isolation – “the route of Myanmar’s junta, or Zimbabwe or Fiji” – and reiterated its calls for Dr Waheed to step down and trigger early elections under the Speaker, or agree to amend the Constitution to provide for early elections before the end of 2012.

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