Tag: CNI

Former Commission of National Inquiry panel releases timeline “for public opinion”

The former three-member panel of the Commission of National Inquiry (CNI) has released a ‘timeline’ of events it claims took place from the period of January 16 to February 7, for the stated purpose of “finding public opinion”.

The composition of the panel has since been revised to include a representative of former President Mohamed Nasheed and a retired Singaporean judge, as well as international monitors from both the Commonwealth and UN.

The 282-point Dhivehi document does not feature any input from the Maldivian Democratic Party (MDP), who contested the panel’s impartiality prior to the re-composition. The report begins its findings on the day police attempted to summon Chief Judge of the Criminal Court, to the day the controversial transfer of power took place. The panel conducted interviews with assorted non-MDP participants, however the report does not source its findings.

The night of February 6

The timeline suggests the initial ‘turning point’ of the unrest began on the night of February 6, after the supporters of the Maldivian Democratic Party (MDP) arrived at the artificial beach in Male’ where supporters of the coalition of then-opposition parties had already been protesting, calling for the release of Judge Abdulla and for the constitution to be upheld.

The timeline states that the Specialist Operation (SO) officers of the police had stationed themselves in Heniveru Stadium, in preparation to prevent any violence that may have taken place if supporters from both sides clashed.

The report stated that police intervened after they received information that the situation was deteriorating from two police officers who were there to assess the situation.

It states that police intervention calmed the situation and cordoned a security line between the two protesting parties, after forcing them further behind the sides of the area they had been protesting.

The three member panel alleged that Minister of Home Affairs Hassan Afeef ordered Commissioner of Police Ahmed Faseeh to withdraw police officers who had been stationed on the site. The Commissioner sent two officers to assess the situation, who reported back stating that the situation had deteriorated, which the Commissioner relayed to the Minister.

The Minister repeated the order but the Commissioner of Police refused to comply, stating that the situation could get worse if the police withdrew their forces.

According to the report, after the commissioner refused, President Nasheed himself called the commissioner and ordered him to withdraw police from the scene.

Faseeh then reportedly sent the Deputy Commissioner of Police to assess the situation, and he too relayed the situation was worsening.

The report claimed that the president called the commissioner a second time and ordered him to withdraw police from the area, stating that he “could not trust the police”.

After this order, the report said that the commissioner personally took the decision to contact the Male’ Area Commander of the Maldives National Defence Force (MNDF), asking that the MNDF intervene as the police were withdrawing.

The statement read that the tactical officer of the SO opposed the idea of withdrawing police from the area, stating that both the protesting parties had weapons that could be used for violence, including wooden sticks and metal rods.

The SO police present in the area refused to withdraw without the MNDF arriving to take over their position, the timeline claimed.

The panel also claimed that a resignation letter was drafted by the police commissioner and was left on his table, as “the commissioner did not believe that the withdrawal of the police was the right decision.”

After the MNDF took over the area, the panel claimed that President Nasheed called the Male’ area commander and ordered him to withdraw MNDF officers from the area, giving him assurances that the MDP supporters would not resort to any kind of violence.

However, the statement read that when MNDF withdrew their officers from the area, violent confrontations began and there “bottles and objects” thrown by both protesting parties, which led the MNDF to intervene again.

February 7

The statement claimed that some of the SO police officers who had been in the Artifical Beach area then went to the MDP protest camp and vandalised the premises, and attacked some of the MDP supporters inside.

An MNDF SWAT team arrived after the SO police officers left premises, “to guard the area”, the panel stated.

The statement read that, as the usual routine of the police is to fall in at the Republican Square after protests ended; the police officers retreated and convened to the area.

The panel said that initially the MNDF attempted to arrest the police officers who by then had begun to gather in Republic Square, adjacent to police and military headquarters. However the MNDF reportedly decided to negotiate with the police officers as the military was outnumbered and police had similar equipment to the MNDF officers.

According to the report, police told the MNDF officers who were sent to negotiate with them that would begin following orders again after they were given assurances that they would not be ordered to carry out any unlawful orders, and that no action be taken against any of the officers regarding their involvement.

“The MNDF officers assured them that the MNDF would not confront police officers in the area,” the panel claimed.

During the negotiations, the panel claimed that police requested to meet the commissioner of police. The MNDF officials proposed officers go into the MNDF headquarters to to meet the commissioner, but police said they wanted to meet the commissioner inside police headquarters.

It was decided that the commissioner would meet meet in Iskandhar Koshi, an MNDF barracks on the other side of Male’, to the police officers initially agreed. However, police rejected the idea after the MNDF insisted the police go without their weapons and riot gear.

President’s arrival to Republic Square and his resignation

The panel claimed that in the early morning of February 7, between 5:00am to 6:00am, President Nasheed informed the commissioner that he wanted to meet the police officers who were at Republican Square.

It further claimed that the President also ordered the commissioner to meet the police officers in Republic Square, however the commissioner left military headquarters and entered police headquarters without meeting police gathered outside the building.

Before meeting the police, Nasheed asked one of the MNDF commanders whether he had any reservations over arresting the protesting police officers, to which the commander reportedly replied that he did.

The President then reportedly told the commander that it would be better if he stayed at home for the time being, however two other commanders also told the President that they had reservations and left.

The panel claimed that Nasheed then told the police officers that they had “done something wrong” and requested they hand themselves over to the MNDF. Police refused the order.

According the panel, Nasheed then returned to military headquarters and ordered the MNDF officers inside the barracks to go outside and arrest the officers who had disobeyed him.

At this point, some of the MNDF officers left the barracks and joined the police officers protesting.

While Nasheed was inside the MNDF base, the panel claimed that the President’s secretariat informed cabinet members that there would be a cabinet meeting, but failed to inform Vice President Dr Mohamed Waheed Hassan as two key staff of the VP’s secretariat had not reported to work.

The panel also claimed that the then-President of the MDP, Dr Ibrahim Didi, called Nasheed and discussed how to resolve the ongoing unrest. Nasheed reportedly asked for Didi’s help in releasing a joint statement by the president and leaders of the opposition parties.

It said that Didi had then contacted opposition Dhivehi Rayyithunge Party (DRP) leader Ahmed Thasmeen Ali and Progressive Party of the Maldives (PPM) Parliamentary Group Leader, Abdulla Yameen, however both of them declined to help unless Nasheed personally requested they do so.

Dr Didi then informed Nasheed of this response, who told him to make a decision after discussing the matter with MDP Parliamentary Group Leader MP Ibrahim Mohamed Solih and former Chairperson of the Party, MP Mariya Ahmed Didi.

The panel alleged that Dr Didi tried contacting MP Mariya Ahmed Didi, who did not respond, and then contacted MP Ibrahim Mohamed Solih, who said he would get back to Dr Didi after consulting on the issue with Nasheed.

After the reply from MP Solih was delayed, Didi reportedly called Nasheed back, and was told that the High Commissioner of India, Dnyaneshwar M Mulay, would contact him.

According to the panel, Mulay contacted Dr Didi and asked him to come to the High Commission. When Dr Didi arrived to the High Commission, the opposition Progressive Party of the Maldives (PPM) Parliamentary Group leader Yameen was already there.

According to the panel, as Dr Didi, Mulay and Yameen were discussing how to resolve the crisis, MP Solih called Yameen and informed him that Nasheed was going to resign.

Didi then reportedly contacted Nasheed and asked to him to give the phone to Yameen.

According to the panel, Nasheed informed Yameen that he was going to resign and asked him to ensure the safety of his family, to which Yameen replied that he would do everything to ensure the safety of Nasheed’s family.

The meeting adjourned after the president informed them that he would resign.

New MNDF commander

Meanwhile, according to the panel, two civilians: resigned police officer Abdulla Riyaz (the new Police Commissioner) and dismissed MNDF officer Ahmed Nazim (now the Defence Minister), entered the MNDF headquarters reportedly on the invitation of the Minister of Defence and National Security, Tholath Ibrahim.

After discussions with Nasheed in the MNDF barracks, Nazim came out to the crowd and revealed that he had asked Nasheed to resign unconditionally before 1:30pm that afternoon, along with the commissioner of police and his deputies.

According to the panel, Nazim told the crowd that his demands were “non-negotiable”.

The protesters were then informed that Nasheed would resign, and would announce this in the President’s Office.

According to the panel, Nasheed wrote the resignation letter inside the President’s Office, and then announced it on state television – which by this stage had been stormed by a second group of police and protesters.

CNI statement “lacks legitimacy

The MDP – now in opposition – said it would not formally comment on the statement prior to the release of an official statement.

However, an MDP official told Minivan News that the party did not consider the timeline “substantial”, and said it “lacked legitimacy”.

The party was “not even interested” in the timeline because the investigation would start from scratch under the new composition.

”The Commonwealth Ministerial Action Group (CMAG) has asked the government to change the composition of the commission and the government has agreed to it. I think the current co-chair of the commission thinks that his work is over,” the party official said.

The premature release of the timeline “for public comment” was “not a good thing”, he added.

The CNI claimed that if anyone wished to propose amendments to the timeline, they should submit amendments before June 21.

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CNI nominee agreement “important step forward for the Maldives”: Commonwealth Secretary General

The Commonwealth Secretariat has confirmed that an agreement between the government and former President Mohamed Nasheed has been reached concerning the appointment of a Nasheed nominee to the Commission of National Inquiry (CNI).

The government this week confirmed its acceptance of Ahmed ‘Gahaa’ Saeed, who was formerly both Principal of ‘Ahmadiyya School’ and Deputy Principal of the British College of Sri Lanka.

The CNI was established by President Mohamed Waheed Hassan to investigate the controversial transfer of power that took place on February 7, after Nasheed’s Maldivian Democratic Party (MDP) claimed the former president was forced out of office in a “coup d’etat“.

The MDP – and subsequently the Commonwealth Ministerial Action Group (CMAG) – challenged the credibility of the three member panel appointed by Dr Waheed, and pressured the government into accepting a nominee from Nasheed and a retired foreign judge to serve as co-chair.

The government agreed, but imposed a set of restrictions on Nasheed’s nominee that saw the first 11 candidates rejected.

“I am happy that we finally have a resolution on the issue of Mr Nasheed’s nominee, and I commend both sides for their patience and perseverance in this regard,” said Commonwealth Special Envoy to Maldives, Sir Donald McKinnon, in a statement.

“Now that we have agreement on the reconstituted Commission, I look forward to it starting its work and carrying out its important mandate. I hope also that with its enhanced terms of reference and revised composition, the Commission will be a more broadly acceptable mechanism and will allow the country to move forward,” Sir Donald added.

The Commonwealth noted that in keeping with the commitment signed by the Maldives Government on 15 May 2012, the Commission will be co-chaired by a Commonwealth-funded senior retired judge from Singapore, “and the Commonwealth and the United Nations will each provide an expert adviser for support.”

Commonwealth Secretary-General Kamalesh Sharma also welcomed the agreement, which he said represented “an important step forward for the Maldives”, and expressed hope that the CNI would be able to conduct an impartial and credible investigation.

Meanwhile, UN Secretary General Ban Ki-moon also commend the agreement between President Waheed and former President Nasheed “to make the national inquiry body more independent and credible and to find a resolution to the current political crisis.”

In a statement, Ki-moon urged all political parties “to resume immediately their political dialogue, both within and outside of Parliament, in order to find a mutually agreeable way forward on the basis of the Constitution and without jeopardising the democratic gains achieved thus far in the Maldives.”

The last round of All-Party Talks, held at Vice President Waheed Deen’s Bandos Island Resort and Spa last weekend and monitored by UN mediator Pierre Yves Monett, collapsed after parties in the ruling coalition presented the MDP with a list of 30 demands that included “stop practicing black magic and sorcery”, “stop the use of sexual and erotic tools”, and “not walk in groups of more than 10”.

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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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Government rejects latest Nasheed appointee to inquiry commission

The Maldivian Democratic Party (MDP) maintains a Commonwealth-backed Commission of National Inquiry (CNI) is “on track” to commence its work, despite the government rejecting the latest nominee forwarded to represent former President Mohamed Nasheed.

The government has announced that the latest nominee, Lt Colonel Zubair Ahmed Manik, was not deemed fit to serve on the Commission. All of Nasheed’s previous nine nominees for the revised commission were immediately dismissed.

Lt Colonel Zubair was said to lack an “undergraduate degree as per the agreed terms of reference”, according to the government. The President’s Office told Minivan News today that it was unsure as to why Nasheed could not come up with a candidate “acceptable to the government and the people.”

The CNI was set up by President Dr Mohamed Waheed Hassan following the controversial transfer of power that saw him succeed Mohamed Nasheed into office on February 7. The now opposition MDP has alleged that Nasheed was forced to resign under duress in a “coup d’etat” staged by opposition politicians, businessmen and sections of the military and police.

On April 16, The Commonwealth Ministerial Action Group (GMAG) warned it would consider taking “stronger measures” against the Maldives government should it not revise the composition and mandate of the CNI within 30 days over concerns about its impartiality.

A day before CMAG’s deadline, the government agreed to allow a retired Singaporean judge to co-chair the CNI, and also permit former President Mohamed Nasheed to appoint a representative to the commission. These revisions were endorsed by Commonwealth Special Envoy Sir Don Mckinnon.

Following the visit of Mckinnon to the Maldives earlier this month, the government gave a press conference during which Attorney General Azima Shukoor outlined the conditions for Nasheed’s appointee.  These conditions were that an appointee must not have served in a political position in the past two years, must not have taken a public stand on the transfer of power, and must “be of good behaviour and integrity”.

The initial nine candidates fielded by Nasheed include MP and former MDP chairperson Mariya Ahmed Didi, former Environment Minister Mohamed Aslam, former Youth Minister Hassan Latheef, former Education Minister Shifa Mohamed, former President’s Member on the Judicial Services Commission (JSC) Aishath Velezinee, Nasheed’s cousin Hudha Ahmed, former Airports Company board member Ibrahim Saleem, and former President’s Office political appointee Fareesha Abdulla.

The Commonwealth has requested a “suitable nominee” from former President Nasheed be appointed to the CNI by June 1, 2012, so that the revised commission could begin its work by the beginning of the month.

“On track”

MDP Spokesperson Hamid Abdul Ghafoor said today that the party had no comment on the government’s rejection of Lt Colonel Zubair as a nominee to sit on the CNI, whilst processes were “ongoing”.

Ghafoor did raise some concern that it did not “make sense” that the government, whose rise to power would form part of the CNI’s mandate, was allowed to impose conditions on an independent panel.

“I believe that CMAG will work under the assumption that the terms of reference for the CNI has to fit in with the wider guidelines for an independent investigation,” he said. “I therefore see that CMAG’s resolution [for an independent investigation into the transfer of power] will be completed and that everything is on track to ensure this.”

Having rejected the appointment of Lt. Colonel Zubair Ahmed Manik to the CNI, the government said it was also confident that work to appoint a Commission composition acceptable to itself and the Commonwealth was “on track”.

In a statement on the President’s Office website, the government claimed that former President Nasheed had continued to propose “generally unacceptable” candidates under a criteria it said had been agreed with the Commonwealth and CMAG.

“The administration agreed to the terms of reference of the CNI with Sir Don McKinnon, Commonwealth Special Envoy, including the criteria that all nominated candidates have to meet, to serve on the commission. The administration has invited former President Nasheed to nominate a candidate for the commission”, the statement read.

“The latest nomination is Lt Colonel Zubair Ahmed Manik who is a serving officer in the Maldives National Defense Force (MNDF) and does not meet the basic requirement of having an undergraduate degree as per the agreed terms of reference.”

President’s Office Media Secretary Masood Imad today told Minivan News that it was “unacceptable” for Nasheed to send his “family members and cronies” as nominees to represent him on the CNI.

“Can [Nasheed] not come out a someone who is acceptable to this government and the people of the Maldives? At this point, Nasheed has not sent someone with the basic degree qualifications agreed on,” he claimed.

With the Commonwealth’s preferred date of June 1 to have the new CNI in place approaching, Masood added that the government would not itself be forwarding any potential candidates to represent Nasheed.

“We have decided at present to give the benefit of doubt to Mr Nasheed,” he said.

Composition

Alongside the representation of a retired Singaporean judge and Nasheed’s own potential representative, President Waheed has himself appointed three people onto the CNI.

The president has appointed Dr Ibrahim Yasir, Dr Ali Fawaz Shareef and Chair Ismail Shafeeu, Defence Minister under former President Maumoon Abdul Gayoom.

The Commonwealth has previously said that the criteria outlined for members of the CNI must extend to all members, including the government’s own appointees as part of an agreement reached earlier this month.

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CNI halts investigation to accommodate composition changes

The Commission of National Inquiry (CNI), established to ascertain the circumstances behind the controversial transfer of power on February 7, has temporarily ceased its work to accommodate changes to its composition.

According to local newspaper Haveeru, the CNI has said its investigation had been discontinued as of May 16 to allow for changes approved by President Dr Mohamed Waheed Hassan to come into effect.

On April 16, The Commonwealth Ministerial Action Group (GMAG) warned of taking “stronger measures” against the Maldives government should it not revise the composition and mandate of the CNI within 30 days over concerns about its impartiality.

A day before CMAG’s deadline, the government agreed to allow a retired Singaporean judge to co-chair the CNI, and also permit former President Mohamed Nasheed to appoint a representative to the commission.

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Former Indian Chief Justice advised CNI on transparency

The Indian Express has revealed the name of an expert sent to advise the Commission of National Inquiry (CNI). India’s Ministry of External Affairs told the newspaper that former Punjab and Haryana High Court Chief Justice Mukul Mudgal had been sent to the Maldives to assist with the commission’s conclusions.

The Chief Justice, who returned to India last week, told the paper: “I have given my advice on the transfer of power… They wanted my help in how to go about holding a transparent inquiry into the entire affair, as well as meaning of certain legal terms.”

Indian High Commissioner to the Maldives Dnyaneshwar Mulay told Minivan News that the commission had made an official request for India’s assistance, adding that India would continue to be “happy to offer whatever little help we can.”

The CNI is in the process of being reformed following pressure from the international community, from civil society, and from political opponents to enhance its credentials of independence and impartiality.

After being reprimanded by the Commonwealth on these grounds, the government alleged that it had requested assistance with the CNI but had received no response. The Commonwealth responded by saying that it had received the request but felt the composition of the commission to be a more pressing issue.

Following meetings with the Commonwealth last week, the government agreed to add an international component, in the form of a Singaporean judge, as well as a nominee from former President Mohamed Nasheed. The appointment of the latter, however, is subject to certain criteria which has already seen a succession of nominees rejected by the government.

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Comment: Inquiring into the Inquiry

The Commission of National Inquiry (CNI), established under a Presidential decree by Dr Waheed, has been at the centre of much controversy since its inception. The establishment of an inquiry commission after a national crisis can often be seen as a quick win mechanism to demonstrate that the state is addressing people’s demands for answers and justice in lieu of a well functioning judicial system, or it can be a farce.

Waheed, as per usual, went down the farce route. Not so quick nor keen to address issues of legitimacy surrounding his accession to power, but in an effort to subdue national and international pressure (and mainly because of the fact that it wasn’t an early election he was giving into, but a well-staged inquiry) he went ahead with it.

However, if Waheed’s primary motive was to try and placate those ‘questioning’ his position and to stop the MDP from calling for an early election, he has failed. This is due to the individuals he chose to appoint, the terms of reference he assigned, and his coup coalition’s bullheadedness in defending the impartiality of this obviously partial commission. Most of all he failed to note that even those who don’t have the courage to call a coup a coup, – but don’t have anything to lose if it is so concluded – still want to get to the bottom of what happened on 7th February 2012.

Easier said than done, I suppose, when your authority depends solely on the conclusion of the events that took place on a day preceded by a police/military mutiny. While the political bigwigs of the country wheel and deal over the CNI, we must remember that the probable findings of this commission could have huge ramifications for many individuals in involved in this political crisis. The question arises- are we ever going to know what happened on 7/2?

Firstly, for a commission to inquire about a sequence of events as contentious as the ‘questionable transfer of power’, its existence, members and mandate are going to invite controversy. So why shoot it in the foot before it had even got started by appointing Ismail Shafeeu? MDP, CMAG, the wider international community and even ‘Thinvana Adu’ requested Waheed’s administration to ensure that the commission was impartial, and credible. Impartiality, I take to mean as having firstly no political affiliation or as having equal representation by all parties concerned, and secondly, credibility.

The CNI met neither one of these requirements for the almost three months that it was in operation. Time is no doubt crucial to an inquiry of this nature and while it is of an essence to the MDP, it is in the best interests of the Waheed regime for the inquiry to be delayed for as long as possible.

104 days of coup later, you have to wonder, what made Waheed change his mind over the CNI? If they don’t believe the CMAG has any right to a) put Maldives on the agenda or b) any grounds to make these recommendations, why bow down to them? Were some harsh facts made clear to him on his official visit to India? Either way, the gates of the CNI, no matter how reluctantly, have opened, albeit an inch or two. This has resulted in the appointment of a foreign judge as co chair, Nasheed being ‘permitted’ to propose a member to the Commission, and changes to the mandate of the CNI being strengthened, allowing it to summon individuals, accept statements, videos, photos, and most importantly request telecommunication and financial records. These agreements and the resumption of the all-party talks have been hailed as a thaw in national coup politics, and to be fair it is progress, but how much of it is sincere? I know. It’s a naive question, but humour me.

With regards to Nasheed’s representative to the CNI, the public is aware that he has proposed nine names, all of which have been rejected by Waheed’s regime for being too politicised. Nasheed has now been given two weeks to propose an individual to the CNI, who has not served in a political position in the past two years, must not have taken a public stand on the transfer of power, and must be of good behaviour and integrity.

The Commonwealth states that these conditions must apply to all members of the CNI, including ones previously appointed. I wonder what the parameters are for determining good behaviour and integrity, and who in Waheed’s regime decides whether these characteristics are up to par in any individual that Nasheed proposes. Are Waheed and Coup really not going to budge on the case of Ismail Shafeeu – whose stint as Maumoon’s former Defence Minister surely places his ‘integrity’ in question? Forgive me, I forgot this approval of Commission members scenario is a one way street. Coup coalition gets to say the yay and the nay, but MDP do it and they are seen as the uncompromising troublemakers.

Also of confusion is the fact that Waheed earlier stated that he had no role in changes to the composition of the CNI. His Commission members then contradicted this by turning the responsibility back to him. Then we have the fact that Waheed stated that the Prosecutor General is responsible for the Commission, yet all the negotiations and public statements have been given by Attorney General Azima Shukoor, and Home Minister Mohamed Jameel. Speaking of which, who is this all-elusive lawyer to be appointed to the CNI, if Nasheed’s nomination doesn’t meet with the coup coalition’s high approval?

There are also pressing concerns over the amendments to the CNI’s mandate and terms of reference. Although it has not yet been made clear whether the concluding report will still be the opinions of the CNI’s members, or whether the findings can lead to criminal cases, the ability of the Commission to now request phone records and financial statements give it more bite. I wonder how the CNI is ensuring the securing of this information. Are legal requirements going to be placed upon service providers, Dhiraagu and Wataniya, for their cooperation with the CNI? Are all banks operating in the country – notorious for their non-cooperation with the police over previous investigations into alleged corruption – now going to hand over their clients’ financial records without a fuss? And what about the intelligence departments of the Police and the MNDF? How does the CNI confirm that information relevant to the dates of interest to the Commission, obtained by these services has not been destroyed? Or what about officers under oath, who’ve signed confidentiality contracts? Does a summons from the CNI, waive them of the restrictions as applied by these documents? I also cannot get my head around how many of those who will be called upon to give evidence will be doing so without any suspension to their current duties as either law enforcement officers, government officials or civil servants.

Questions, questions, questions, my head is milling with them, and I wait with bated breath to find out Nasheed’s nomination. This individual who is going to have to be the incarnation of all things apolitical and integral in the world. Does such a Maldivian even exist? Someone very special to me who claims that Male’ is the cesspool of humanity would say, probably not. On the other hand, is there a point to all the analysis on the mandate and the members of the CNI? Surely, the findings have already been concluded. Hasn’t the unique Dr Hassan Saeed already alluded to them? There are three possible conclusions – coup/illegal transfer or power, legal transfer of power, or the middle.

I cannot imagine the CNI will conclude it is a coup, considering the fact that there are three members appointed by the coup boss himself on the Commission. Also think about the responsibilities of the international community if it is declared a coup. They’re not going to want the fuss of the Maldives, when they still have Syria, the Eurozone and the Olympics on their plate. Let alone the mess of where Indian High Commissioner Mulay comes into it. It also cannot be concluded as an entirely legal transfer of power, due to the blurry lines around mutinying politicised officers, resignations under duress, opposition politicians celebrating in the Police HQ, hijacking of state media and so on. The politically-easiest conclusion must therefore be the middle.

What will be of further interest is what happens next? What will the conclusions lead to? Criminal cases, blanket amnesties, an exit clause for Waheed, constitutional amendments and of course election dates? No doubt there will be an awful lot of political wrangling over the next few days with regards to the Commission. Political actors on both sides have specific interests. Waheed & Coup will want to seem democratic and budge on certain measures, whereas MDP will want to demonstrate that they are compromising and coming to the table, in order to drive home the importance of early elections. I hope that in the midst of this, civil society groups which claim to be the alternative, ‘third voice’ persist in emphasising that although political stability is important, a CNI that allows for the greatest level of truth and justice is far more essential to the future of the Maldives.

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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Inquiry commission conditions apply to all commission members: Commonwealth

The Commonwealth has clarified that criteria for members of the Commission of National Inquiry (CNI) are expected to extend to all members, under the government’s commitment signed last week.

The CNI was set up by incoming President Dr Mohamed Waheed Hassan to investigate the controversial circumstances that brought him to power on February 7.

Dr Waheed appointed the three member panel: Dr Ibrahim Yasir, Dr Ali Fawaz Shareef and Chair Ismail Shafeeu, Defence Minister under former President Maumoon Abdul Gayoom.

The ousted Maldivian Democratic Party (MDP) – and subsequently the Commonwealth Ministerial Action Group (CMAG) – challenged the independence of the commission and set a deadline for its composition to be adjusted.

Last week, a day before CMAG’s deadline, the government agreed to allow a retired Singaporean judge to co-chair the CNI, and also permit former President Mohamed Nasheed to appoint a representative to the commission.

Following the signing of that commitment – and the departure of Commonwealth Special Envoy Sir Donald McKinnon – the government gave a press conference during which Attorney General Azima Shukoor outlined the conditions for Nasheed’s appointee: they must not have served in a political position in the past two years, must not have taken a public stand on the transfer of power, and must “be of good behavior and integrity”.

If an acceptable appointee was not nominated before the June 1 deadline, the government stated that it would appoint a lawyer to represent Nasheed on the panel.

Following the government’s rejection of nine nominees, the MDP challenged these conditions as highly subjective: “They are [essentially] saying Dr Waheed will appoint President Nasheed’s representative,” said former Youth and Human Resources Minister, Hassan Latheef.

Spokesperson for the Commonwealth Secretariat, Richard Uku, told Minivan News that the criteria for membership of the CNI, as reflected in the commitment given to the Commonwealth Special Envoy, “are intended to apply to all Commission members, including existing ones as well as the nominee of former President Nasheed.”

“The Commission is intended to consist of persons who have not taken a public stand on the events of 7 February 2012 or who may be expected to testify to the Commission. The criteria are designed with this in mind,” he said.

“The Maldives Government has made a written commitment, witnessed by the Commonwealth Special Envoy Sir Don McKinnon, to keep one place vacant for a suitable nominee from former President Nasheed on the Commission of National Inquiry. It is the Special Envoy’s hope that such a nominee can be in place no later than 1 June 2012, so that the reconstituted Commission can commence its work,” Uku added.

MDP Spokesperson Hamid Abdul Ghafoor said it was likely that the Commonwealth would again have to mediate: “The government have defined ‘suitable’ in a manner conducive to them – in that case it might as well be Azima Shukoor. I think in the end it will be up to CMAG or the Special Envoy to define what they mean by this. That’s the impression I am getting at the moment,” he said.

The ‘Thinvana Adu’ campaign of NGOs has issued a statement in support of changes to the CNI, saying that it would “pave the way towards addressing the current political crisis”, and that any commitment to dialogue and working with international organisations by political actors “is a positive sign.”

Thinvana Adu spokesperson Aiman Rasheed said the NGO coalition was not able to comment officially on the conditions as they had not seen the Commonwealth’s agreement with the government and the MDP – “however any conditions should be agreeable to both parties,” he suggested. “Our stand is that the MDP should be represented on the commission, and that any people on the committee are acceptable to all parties. That is not the case with the current composition.”

Meanwhile, despite agreeing to change the CNI’s composition, the government has continued to maintain that the Commonwealth is being manipulated by opposition politicians, with President Waheed alleging to diplomats in Delhi last week that the Commonwealth was “intimidating” and “punishing” the government. He also challenged CMAG’s remit in placing the Maldives on its formal agenda.

“We are aware of the Maldives Government’s concerns as to CMAG’s scrutiny of the Maldives situation and have responded to them,” Uku told Minivan News.

“CMAG is specifically mandated by Commonwealth leaders to promote adherence to Commonwealth fundamental political values and to address situations where those values are seriously called into question. Given the situation where an elected Head of Government claimed that he was forced to resign, the nine Foreign Ministers who comprise CMAG felt obliged to be seized of the situation.”

Gayoom’s political party, the Progressive Party of the Maldives (PPM), have meanwhile also demanded a representative on the CNI.

“President Nasheed has made the false allegation that our party’s interim president is behind the coup, and if a seat is reserved for Nasheed’s representative, then we must have representation on the council as well,” said PPM Deputy Leader Umar Naseer, addressing media last week.

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Waheed secures release of additional US$25million credit during India trip

As President Dr Mohamed Waheed Hassan’s first visit to India nears its end, a joint press release from the two governments has summarised the trip.

“The President of Maldives conveyed appreciation for the release of an instalment of US$ 20 million from the Standby Credit Facility from India in February 2012 as well as the rollover of the US$ 50 million State Bank of India (SBI) Treasury Bonds by a year,” the statement read.

The President of the Maldives also thanked the Prime Minister of India for agreeing to an additional release of US$25 million from the Standby Credit Facility to the Government of Maldives,” it continued.

India extended a US$100million credit facility to the Maldives in November last year with the aim of increasing economic ties between the two countries.

A standby line of credit is normally forwarded to countries which have reached macroeconomic sustainability but experience short term financing issues.

The Maldivian Inland Revenue Authority (MIRA) recently reported that government income has increased 91.8 percent based on the same point in 2011. This increase, however, is expected to be offset by the reduction in customs duties after amendments were made to the import/export legislation last year.

The Majlis finance committee this month revealed that this year’s budget deficit will reach Rf9.1 billion (US$590 million), which is equivalent to 27 percent of GDP.

Today’s joint statement confirmed that all agreements made during the November 2011 visit of Indian Prime Minister Manmohan Singh’s November 2011 visit to the Maldives would be upheld.

“In this context,” the statement continued, “it was agreed to expeditiously implement the projects for renovation of the Indira Gandhi Memorial Hospital in Male and the establishment of the National Police Academy under grants-in aid from India.”

The release also highlighted President Waheed’s gratitude for last year’s extension of a $US40 million line of credit for the construction of 500 housing units.

Prime Minister Singh’s hopes for Indian investment in the Maldives were also mentioned in the joint statement.

“[The Prime Minister] expressed the hope that the Government of Maldives would ensure a climate conducive for the promotion of investments and that the existing projects with Indian investments, including the Male International Airport project, would proceed satisfactorily.”

President Waheed has been meeting with prominent members of the Indian business community during the trip assuring them of the government’s commitment to signed contracts, whilst in the Maldives the dispute over the details of the airport development deal between the government and GMR continues unabated.

Media offensive

Waheed’s first overseas visit since assuming office has been accompanied by extensive international media attention.

President Waheed spoke at length to New Delhi Television (NDTV) on Sunday in an interview that encapsulated all of the topics covered during his media campaign in India. These included the Commonwealth, former President Nasheed, radical Islam, investment, China, and former President Maumoon Gayoom.

Waheed told his interviewer that the fact that the Maldives was a young democracy had not been understood by some of its “international partners”.

“They assumed that Maldives has now embraced democracy and that democracy has arrived, but the early stages of democracy involve many obstacle sand many tendencies that come and haunt us from the past,” said Waheed.

When asked about the possibility of earlier elections he argued that he was willing to move them forward as far as he is able under the terms of the constitution.

“I will support that, but we had an independent elections commission appointed by the parliament. The moment I give a date the Elections Commissioner will come out and say it’s none of your business,” he responded.

Newstrack India and the Indian Express have reported Waheed as saying that no party other than Nasheed’s supported elections any earlier than July 2013.

Asked about the demands of the Commonwealth for early elections, Waheed said “the Commonwealth is not pushing for early elections as vehemently as before, as I believe they understand the situation in the Maldives a little bit better than they did.”

Regarding the Commission of National Inquiry (CNI) and the demands of the Commonwealth for its reformation, he said “we will do whatever is necessary to make everybody feel comfortable”.

“We did the best we could , at the time, to identify three very prominent people in Maldives who are apolitical, who have not been involved in any part politics for the last couple of years and who are well-qualified,” he said.

“I think it would have been proper for the Commonwealth to observe the proceedings of the commission and to understand the terms of reference better before they came to a conclusion about its integrity and impartiality.”

Asked whether he was “bothered” by the meetings between Nasheed and Indian leaders, he said: “No, he is a former president and as a former president it is proper for the Indian government to receive him.”

When the topic of rising Islamism was raised, specifically the inclusion of two Adhaalath members in the cabinet, Waheed said “we have to engage with the Islamic scholars – if we try to isolate people, the situation can get worse.”

He said he was not worried about a growing trend and that any Muslim country was bound to have small extremist elements: “I think it is manageable… people tend to get associated with extremist factions because they don’t have the economic benefits of development.”

Relations with China also came up for discussion, with Waheed offering assurances that there was “no real chance” of the Maldives moving into China’s orbit. “We have a preferential relationship [with India] as our closest neighbour and this is a concern Indians should not be worried about.”

The interviewer also asked why the visit was an official rather than a state visit, to which Waheed responded that this was not significant, saying that he thought the Maldives had requested an official visit.

Regarding the safety of Indian investment in the Maldives, Waheed said that it was common for commercial deals to encounter difficulties and that the country was committed to honouring all deals – “they will remain”, he said.

President Waheed has also claimed in Indian media that his government is a continuation of that of former President Mohamed Nasheed.

IBN-CNN today reported that Waheed had discussed with the governor and chief minister of Maharashtra state. the possibility of Indian companies assisting the Maldives’ in addressing its power deficiencies.

Waheed was asked about India’s stance on the dispute between his supporters and those supporting former president Nasheed.

“India is the world’s largest democracy. I can understand its concern for other democracies. The Maldives is a success story, it’s just that we are very early on in our path to democracy.”

He added that a new system, consisting of elements of a presidential system mixed with elements of a parliamentary democracy, will not always work as smoothly as people would like straight away and will need “refining” and “polishing”.

Asked about the comment attributed to State Minister for Foreign Affairs Dunya Maumoon regarding Indian interference in Maldivian domestic affairs, Waheed said he felt that the comment had been taken out of context.

The interviewer concluded the interview by asking for Waheed’s response to rumours that former President Maumoon Gayoom was influencing his government’s policy.

Waheed explained that Gayoom was still head of a large political party and so, as part of a political process, could not be discounted. He also explained that many parties were represented in his cabinet.

“It is not entirely fair to assume that Gayoom has too much influence in this government,” Waheed claimed.

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