Tag: CNI

Commonwealth “intimidating”, “punishing” Maldives without mandate, Waheed tells diplomats

While the Commonwealth’s Special Envoy Sir Donald McKinnon meets with a team of government figures in Male’, local media reports that President Dr Mohamed Waheed has told a gathering of diplomats in India that the Commonwealth is being unduly influenced by opposition politicians in the Maldives, and that it is acting beyond its remit.

Speaking at the Taj Palace Hotel in New Delhi during his five day official visit to India, Dr Waheed reportedly told the room that the Commonwealth’s Ministerial Action Group (CMAG) had followed the lead of the opposition Maldivian Democratic Party (MDP) in attempting to intimidate the government.

Meanwhile, the Commonwealth’s Donald McKinnon arrived in Male’ yesterday with proposals to double the current size of President Waheed’s Commission of National Enquiry (CNI) to include two representatives favourable to former President Nasheed as well as a Commonwealth judge.

This suggestion comes as the deadline given by CMAG for improved independence and impartiality draws near. President’s spokesman Abbas Adil Riza told Minivan News that the discussions between the government team and McKinnon were expected to finish tonight.

There have also been calls from the MDP and civil society groups for international involvement with the investigations.

Abbas said that the make-up of the team involved in discussions with Donald McKinnon was confidential, although Haveeru has reported the team to include the Attorney General Azima Shukoor, Minister of Home Affairs Mohamed Jameel Ahmed, Minister for Gender Dhiyanna Saeed, Minister of Defense Mohamed Nazim, and Special Advisor to the President Dr. Hassan Saeed.

Speaking to the press after a meeting with the Special Envoy yesterday, International Spokesman for the MDP Hamed Abdul Ghafoor summarised his party’s concern over the CNI as it stands: “The people we are accusing of overthrowing the government in a coup d’état can’t be the same as the people investigating it”.

Abbas revealed that representatives from the government aligned Progressive Party of Maldives (PPM) and the Dhivehi Rayithunge Party (DRP) had also been present. The spokesmen for these parties were unavailable for comment at the time of press.

Waheed is said to have reiterated the governing coalition’s previous criticism of CMAG’s assessment, telling those present in New Delhi that CMAG had acted just as the MDP had done, criticising the workings of the CNI without having taken the time to properly study its methods.

Shortly after President Waheed created the CNI to investigate the events surrounding February’s transfer of power, the MDP refused to cooperate with the investigation.

Today’s speech marks the first time that Waheed himself has spoken out against the Commonwealth.

During the speech Waheed is said to have repeated an argument first made by former President Maumoon Gayoom last month, in which the utility of Commonwealth membership appeared to be questioned.

“We used to believe that the Commonwealth was the champion of the smaller nations that extended assistance in every way possible. But to the contrary we witnessed the grouping inclined towards Nasheed, head towards punishing us,” Haveeru reports Waheed as saying.

Last month, Gayoom, now head of the PPM, said that the priorities of the Commonwealth regarding small nations had changed in recent years. He went on to urge a “rethink” of the Maldives’ membership.

Gayoom’s statement was soon followed by the submission of a bill in the Majlis from government aligned MPs calling for the country’s withdrawal from the Commonwealth.

President Waheed also told the assembled diplomats that CMAG was acting without a mandate, citing the criteria under which a CMAG investigation can be initiated. These conditions had not occurred, he argued, in the Maldives.

The Maldives Permanent Representative to the European Union (EU), Ali Hussain Didi, delivered the same argument in a speech to the EU Parliamentary Group on April 24.

Despite his clear disappointment with the 54 nation group, Waheed said that he would not back the proposals to withdraw from the Commonwealth and expected the bill to be dismissed as soon as the Majlis returned from its current recess.

He is also reported to have told the group of ambassadors that the proposal to re-formulate the commission had already been accepted, with the ongoing meetings being held only to formulate the exact details of the changes.

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Government says it will “solve” CNI concerns as the MDP braces for “crucial week”

The government has said it will resolve concerns about the impartiality of an investigation into February’s transfer of power, as a four week Commonwealth deadline to enact changes expires later this week.

President’s Office Spokesperson Abbas Adil Riza said the four week deadline to address concerns over the impartiality of the Commission of National Inquiry (CNI) set by the Commonwealth Ministerial Action Group (CMAG) last month would be “solved” without the country facing further action.

The now opposition Maldives Democratic Party (MDP), which is calling for early elections to be held in 2012 and a revised CNI with international participation, has meanwhile said that it faces a “crucial week” ahead of the Commonwealth deadline.

On April 16, CMAG said it would consider taking “stronger measures” against the Maldives government if the CNI, set up by President Mohamed Waheed to ascertain the details behind the controversial transfer of power on February 7, was not revised to make the body “credible” and “impartial” in four weeks.  The Maldives has already been suspended from participation in CMAG over concerns about the exact nature of the transfer of power.

Former President Mohamed Nasheed alleged following his resignation from office that he had been forced to step down under “duress” in a “coup d’etat” sponsored by opposition politicians, sections of the military and police and some influential local businessmen.

Strict deadline?

With Commonwealth representatives presently in Male’ to discuss revising the CNI with the government, Abbas Adil Riza claimed that the issues raised by the intergovernmental organisation would be “solved” by the time discussions were concluded.

“I don’t think [the four week deadline] was so strict. There won’t be a situation [with the Commonwealth] once the four week period is up,” he said.

When questioned over the nature of a potential resolution to CMAG’s concerns – such as appointing a foreign presence to the CNI – Abbas said the government was committed to resolving the issues raised by the organisation in recent months.

“We have always said that we welcome Commonwealth assistance on the CNI,” he added.

Since CMAG’s four week deadline to revise the CNI composition was issued, the government has said that it remains committed to remaining a member of the 54 member state intergovernmental organisation.

However, representatives of some political parties in President Waheed’s coalition government have questioned whether the country should remain in the Commonwealth, going as far as to submit bills to parliament to renounce the country’s membership.

Leader of the government-aligned Dhivehi Rayyithunge Party (DRP) and second largest party in the Maldives, Ahmed Thasmeen Ali, has publicly stated he would not support the motion to renounce the country’s Commonwealth membership.

“Crucial week”

CMAG’s calls for both early elections and a revised CNI, which have since been backed by the European Union, have been one of the key focuses of an ongoing series of protests by the MDP and its supporters over the last three weeks.

Yesterday, demonstrations said to have been attended by a few thousand MDP supporters were held in the capital Male’ and the island of Fuvahmulah. The party said the demonstrations were in support of the Commonwealth’s stance in resolving the political upheaval through elections in 2012 and an independent CNI.

Responding to the protests, which have been held every Friday for the last few weeks, Abbas said the demonstrations had gone “more or less peacefully”. However, he did express concerns from the government over certain groups of protesters who had been gathering noisily outside the country’s Supreme Court.

“This government will not allow demonstrators to hinder the work of the Supreme Court. This situation is ridiculous,” Abbas said.

Local media has reported that following yesterday’s protests, the Maldives Police Service had forwarded complaints to the Elections Commission about concerns from noise generated through loud speakers during the MDP demonstration.

A mosque in the capital, as well as the Supreme Court, have both reportedly submitted official complaints  about the level of noise generated.

MDP Spokesperson Hamid Abdul Ghafoor said that the complaints were not a concern for the party, which he claimed had been exercising its constitutional right to protest against a judiciary and government it did not believed has a legitimate mandate to serve the public.

Ghafoor claimed that despite alleged “sporadic incidence” of police violence against MDP protesters in recent weeks, protests were being conducted much more peacefully in the country.

“We have noticed police have backed off when it comes to using physical force of late. In some cases though, we still believe that police are not acting according to the correct procedures,” he said.

According to Ghafoor, people attending the protests remained “unhappy” about the role security forces played in bringing the present government to power without an “electoral mandate”. He claimed that unhappiness abut the role of certain police officers was reflected in protesters conducting marches past police and military barracks in the capital.

Ghafoor added that the MDP’s Friday protests – now in their third consecutive week of being held – would continue until calls by both CMAG and its own supporters for early elections during 2012 and an internationally backed independent CNI were met.

The MDP said it therefore anticipates a “crucial week” of protesting ahead. These protests are expected to begin on Monday May 14 over a cabinet decision to reclaim the Usfasgandu area of Male’.  The area was leased to the MDP by Male’ City Council (MCC) for use in their political activities.

Two days later, additional protests are expected to be held to coincide with the deadline for the government to have revised the CNI in accordance with CMAG’s calls.

“Anything can happen”

Ghafoor claimed that MDP supporters were presently on “tenterhooks” awaiting the week’s developments, adding that the party was optimistic about obtaining either early elections in 2012 or an independent CNI investigation.

“We are in a position right now where anything could happen at any time,” he said.

With the Commonwealth deadline to amend the CNI expiring on May 16, Ghafoor added that the simplest option for all Maldivian parties to resolve the present dispute would be for President Waheed to resign his presidency. He contended that such a move would then require Parliamentary Speaker Abdulla Shahid to call general elections within two months without the need for constitutional reform.

“Right now, [the MDP] see the simplest solution for the current situation would be for Waheed to stand down,” he said.

The government has said that the earliest date it could presently hold elections would be by July 2013 unless amendments were made to the constitution allowing for the incumbent government to be provided a whole five-year term.

Ghafoor said he had tried to forward the proposal for President Waheed to resign at all-party talks that briefly reconvened last week for several hours.

However, the talks once again ended in stalemate a few hours later over concerns about the legitimacy of the MDP following a vote of no-confidence that saw party President Dr Ibrahim Didi and Vice President Alhan Fahmy removed from their respective positions.

Dr Didi has since submitted an official complaint with the Elections Commission (EC) regarding his ouster by the party. The MDP former president claimed at the time that the MDP national Council’s vote was not performed in line with the party’s constitution presently registered with the EC.

For the week ahead, Ghafoor claimed that the MDP would be paying particular attention to the CNI and Commonwealth pressure for amendments to the Commission’s composition.

“For us, the key issues [with the CNI] are that representatives of former President Maumoon Abdul Gayoom such as Ismail Shafeeu, sit as chair of the Commission. His track record for independence is not good,” he claimed.

Should amendments be made to the CNI, such as appointing international representatives, Ghafoor said he was optimistic about the CNI’s potential findings for the MDP.

“We are confident [that the transfer of power] will be seen as a coup by a truly independent inquiry commission,” he said.

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Report “incomplete” without MDP cooperation: Inquiry Commission

The Commission of National Inquiry (CNI) has said their report on the circumstances surrounding the transfer of power on February 7 will be “incomplete” without the ousted Maldivian Democratic Party’s (MDP) cooperation.

New President Mohamed Waheed Hassan charged the CNI to assess the change of leadership following former President Mohamed Nasheed’s allegation that he was ousted in a coup d’état, carried out by mutinous elements of the police and military. Waheed was Nasheed’s Vice President.

However, the MDP has refused to recognise the CNI, claiming the commission is neither independent nor impartial, and has raised concerns over former President Maumoon Abdul Gayoom’s Defense Minister Ismail Shafeeu chairing the commission.

The Commonwealth has also warned of “stronger measures” against the Maldives if the government fails to revise the composition and mandate of the CNI by May 16.

However, speaking to the press on Thursday, Shafeeu said it was “not suitable” for him to resign, and has said the matter must be decided between the government, political parties and foreign groups.

Meanwhile, President Waheed has affirmed commitment to the Commonwealth and said he looked “forward to resolve any outstanding issues involving the CMAG” including that of the CNI composition. Waheed’s remarks were sourced from a press release published by PR Newswire on Wednesday, and widely disseminated to world media.

However President’s Office spokesperson Abbas Adil Riza was reported in local newspaper Haveeru today as stating that there was no thought of changing the composition of the commission.

MDP cooperation

CNI member Ali Fawaz Shareef said the commission had interviewed 77 people and “had received some responses from the MDP.”

Two individuals from the MDP requested to give statements had refused, Shareef said, but declined to state whether former President Nasheed was among the two.

Without the MDP’s cooperation, the commission’s report to be published by May 31 “would not be complete,” CNI member Ibrahim Yasir Ahmed said.

“However, we have interviewed many people so far, and we believe we can issue a very good report,” Yasir said.

The CNI faced “difficulties” when parties refused to cooperate with the commission, Shafeeu added.

“This commission will not take legal action against anyone regarding information shared with this commission. The only thing we are doing is gathering information,” he said. The CNI has previously said it would not conduct a criminal investigation.

The report will note missing information and will also include any relevant statements made in the public domain, the commission members said.

President Waheed has met with the CNI on Tuesday to give his account of the transfer of power.

Meanwhile, the MDP has launched its own investigation into the transfer of power, and President Nasheed has given a statement to the Police Integrity Commission (PIC) regarding a brutal police crackdown on MDP supporters at a peaceful protest on February 8.

Shafeeu resignation

The CNI has long said the government must authorise any changes in its composition, but President Waheed on April 25 said it was up to the commission to allow new members to join the inquiry.

“We have no role in the reformulation of the commission. They do not have to discuss the matter with us either. The government can reformulate the commission as they see fit,” CNI member Yasir repeated on Thursday.

Meanwhile, Shafeeu said the government, political parties and foreign groups must decide whether to dismiss him from the CNI. “If the outcome of political negotiations is that I must go, it will not be difficult to get me out of here. I will just go home like I do every day when I finish work,” he told reporters.

The MDP has criticised the lack of cross-party consultation in compiling the committee and the lack of international experts on the committee.

“It has been conceived and imposed by those parties allied to Dr Waheed without any consultation with MDP. It does not include any eminent international experts. And the inclusion of individuals who held Cabinet posts during the autocratic government of former President Gayoom, including the appointment of a Chair – Mr Ismail Shafeeu – who had held various ministerial posts under former President Gayoom including the position of Defense Minister at a time of widespread human rights abuses in the country, suggests that no effort has been made to ensure independence and impartiality,” the MDP stated in February.

Local civil society groups have also urged the government to seek cross-party support in formulating the commission.

Commitment to the Commonwealth

As the Commonwealth deadline for CNI review draws near, Dr Waheed said the Maldives government would meet with Special Envoy Sir Don McKinnon on Thursday to affirm the Maldives’ commitment to the Commonwealth and the CMAG and “any outstanding issues since his last visit.”

“The Maldives government wants to make progress with the Commission of National Inquiry following previous discussions with the Commonwealth about its composition,” the statement read.

The statement quoted President Waheed as saying: “I look forward to constructive talks with Sir Don McKinnon. I will be telling Sir Don that as a government, we are completely committed to the Commonwealth and I look forward to resolving any outstanding issues involving CMAG.”

Meanwhile, 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. Both parties have backed Dr Waheed.

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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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MDP launches own investigation into transfer of power

The Maldivian Democratic Party (MDP) has launched an investigation into the February 7 transfer of power, claiming President Dr Mohamed Waheed Hassan’s inquiry into the change of government is not independent.

President Waheed instituted a three member Commission of National Inquiry (CNI) following ousted President Mohamed Nasheed’s allegation that he was deposed in 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.

However, the Commonwealth has challenged the CNI’s independence, and on April 16 warned of “further and stronger measures” against the Maldives should the country fail to review the composition and mandate of the commission within four weeks.

Speaking to the press on Monday, former Environment Minister Mohamed Aslam said the MDP had decided to initiate its own inquiry because “we do not trust the current administration’s inquiry to be independent.”

The MDP investigation aims to establish the truth, and learn lessons from the change of government to ensure a coup d’état does not take place in the Maldives in the future, said Aslam.

MP Mariya Didi said the MDP will seek justice based on the evidence they obtain.

“When the investigation is complete we will decide whether to file with a Maldivian court or if necessary with an international court,” she said.

However, Aslam said the MDP did not trust the Maldivian courts to deliver justice.

“It is very clear to us what will happen if we conduct an investigation and file the findings with a Maldivian court. We do not trust the courts to deliver justice on any investigation, whether it is carried out by us or another party,” he said.

“Nevertheless, the ordinary citizen knows what transpired on that day. A day will come when this case will be tried in a court of law and we will obtain justice,” he added.

Aslam said the party has been collecting statements from senior politicians, ordinary citizens, and members of the police and military, and appealed to the citizens “who saw and heard what happened to share information with us.”

Statements obtained so far suggest “this did not happen by chance,” Aslam said. “This was planned in advance, with the participation of senior political figures in the country. Moreover, the two institutions that Maldivians depended on for security have failed.”

Mariya said President Nasheed had requested the investigation and had pledged to cooperate with other ongoing investigations.

“He has given a statement to the Human Rights Commission of the Maldives (HRCM), and will very soon submit a statement to the Police Integrity Commission (PIC) on the actions of the police on February 8. Police action on the day violated the respect that must be given to a former president,” Mariya said.

Videos from an MDP demonstration on February 8 show police tear gassing and beating unarmed civilians in front of the Maldives Monetary Authority (MMA) building, and show police in riot gear verbally abusing Nasheed as they dragged him out of a shop.

The HRCM and the PIC have previously told they will respectively investigate human rights violations and police actions before and after February 7, but said the commissions do not have the mandate to look into the circumstances surrounding the change of government.

The MDP will seek international assistance in its investigation, Aslam said.

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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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Reforms should be made within presidential decree: CNI

The Commission of National Inquiry (CNI) has today said that any reforms to its composition should be made by a presidential decree.

Speaking at a press conference today, the commission said that President Waheed need not wait on its  recommendations before bringing reform to its composition.

The CNI was set up by Dr 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 and funded by several resort interests.

The CNI’s comments came as Dr. Waheed told the press on Wednesday that it was now up to the commission to decide on whether to “allow new members into the commission” as well as any suggestions to reform its mandate.

Ismail Shafeeu, the man appointed by Dr. Waheed to head the CNI,  noted in local media that the “commission was established upon a Presidential decree.”  Shafeeu added that it was his belief any reform process must be followed the same way, according to local newspaper Haveeru.

He added that the commission has the authority to independently seek outside guidance and assistance.

Meanwhile,  CNI member Dr Yasir said that he does not believe that the President must await a suggestion from the commission to enact changes to the commission’s composition.

The CNI has itself come under widespread criticisms for perceived delays in implementing changes recommended by the Commonwealth and local NGOs to make its investigation more “credible” and “impartial” through cross-party agreement on its composition, mandate and scope of investigation.

The independence of the existing three member commission has been openly criticised by MDP, which argues that an impartial investigation cannot be conducted with members linked to the elements accused of  participating in an alleged “coup d’etat”.

However, CNI head Shafeeu today said that he does not wish to respond to any political remarks directed towards him by anyone. Shafeeu was the former Defence Minister at President Maumoon Abdul Gayoom’s administration.

“I am here not to respond to political remarks. [But] to present what I concluded from the findings based upon the different statements of witnesses,” Shafeeu said.

He added that anyone who  takes up such a responsibility would do it with confidence and that he has nothing more to say regarding the matter.

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President and inquiry commission pass responsibility for reforming CNI

President Dr Mohamed Waheed Hassan on Wednesday claimed that it is was up to the Commission of National Inquiry (CNI) to allow new members in its investigation of the controversial transfer of power on February 7, while the commission insists that it cannot self-enact changes to its composition.

Speaking at a press conference this afternoon, Waheed contended that it was upto the commission to “allow new members” to join the investigation.

“It is a matter that commission has to decide on. I met with the commission’s president and mentioned it. Even though I had appointed the commission, I have said that it is an independent commission. I do not criticise or oversee their work,” Waheed observed. “I am open to work as they commission want.”

However, when contacted by Minivan News on April 17, a spokesperson for the CNI said that the commission was itself unable to enact changes to its composition.

“The CNI was set up by the president, so it will be for the government to discuss this [CMAG’s findings],” the spokesperson said.

The CNI was set up by Dr 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.

However, the commission’s credibility has been challenged by both local NGOs and the Commonwealth which has urged the government “to review immediately the composition and terms of reference of the Commission to make it genuinely independent, credible and impartial.”

According to Waheed, discussions on reforming the CNI are underway, but stopped short from giving a date on when the changes will be finalised. The government-set deadline for producing the final inquiry report is May 31.

“Talks are underway on reforming the Inquiry Commission. But no decisions have been made yet. We will inform as soon as decisions are finalised,” Dr Waheed told the press.

Responding to Waheed’s remarks, Aiman Rasheed, Project Coordinator at Transparency Maldives today contended that the “changes should have been made months back”.

Transparency Maldives, Maldivian Democracy Network, Democracy House, and the Maldives NGO Federation, itself representing 59 organisations, joined forces to push for “immediate changes to the Commission of National Inquiry (CNI) so that it gains public trust and confidence and is able to achieve its objectives.”

“To put it simply, the commission was established by a presidential decree. Therefore any changes to the commission’s mandate, composition or scope of investigation can only be made by the president himself,” Aiman pointed out.

He observed that the government has failed to respond to the civil society’s requests to reform the mandate and scope of the CNI based on cross-party agreement.

“If the CNI completes its investigation with the current composition, it is bound to create further chaos,” Aiman concluded.

Waheed noted that he has spoken to the head of the commission over civil society’s request for observer status and added that the decision must be taken by the commission.

Meanwhile, CNI has come under fire from the Commonwealth Ministerial Action Group (CMAG) which released a statement last week giving the government four weeks to reform the body established to investigate the February 7 change of power lest CMAG consider “further and stronger measures”.

“The group was of the view that the Commission of National Inquiry, established to assess the events leading to the transfer of power on 7 February 2012, is not independent or impartial, and has failed to gain sufficient support in Maldives,” read the CMAG statement.

Subsequently, members of parliament backing President Waheed have called on the state to withdraw the country’s membership from the Commonwealth, during a debate on a resolution forwarded on Monday.

Newly sworn in Vice President Mohamed Waheed Deen claimed at the same press conference that allowing foreigners to intervene in the domestic affairs would be an an “attack on our independence and national sovereignty”.

However, Waheed today noted that the “government does not consider leaving Commonwealth” and added that the international organisation in which Maldives participates, can continue to make recommendations, but the decisions on the national matters “will be solely made by us”.  “We are not going to do whatever someone tells us to do.”

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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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