Tag: CNI

Maldivian NGOs call for “immediate changes” to inquiry commission

Four NGOs working under the banner ‘Thinvana Adu’ (Third Voice) have urged President Dr Mohamed Waheed Hassan to “bring immediate changes to the Commission of National Inquiry (CNI) so that it gains public trust and confidence and is able to achieve its objectives.”

Transparency Maldives, Maldivian Democracy Network, Democracy House, and the Maldives NGO Federation, itself representing 59 organisations, joined forces to declare that they are “deeply concerned by the recent political polarisations in the society.”

The CNI came under fire last week from the Commonwealth Ministerial Action Group (CMAG) which released a statement 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.

“What we see in the Maldives today is confrontation instead of political dialogue. Because of this political turmoil is increasing in the country,” said Aiman Rasheed, representing Transparency Maldives.

“Thinava Adu believes the citizens must know what happened. Citizens must know the truth. Maldives will find it difficult to take steps forward unless we know the answers. If the Commission of National Inquiry (CNI) remains the same as it is today, we believe the inquiry cannot proceed in a way that citizens can trust or accept,” he continued.

Thinvada Adu said that they had previously written to the President on February 29 regarding the CNI as well as meeting with him on March 7. In both instances, the concerns of the group were expressed to the President. These concerns were said to have been “well received” without anything being “translated into action.”

In a press conference this morning, Ahmed Nizam of the Maldivian NGO Federation said, “Political opinion has become divided into two main thoughts since the change of power on February 7 and consequent events. Hence, we believe a third voice is very important in coming to a resolution.”

Reaction to CMAG criticism

Ahmed Thasmeen Ali, leader of the coalition government’s Dhivehi Rayyithunge Party (DRP), responded to the CMAG report by saying that the group had based their report on incomplete information.

President’s Office spokesman Abbas Adil Riza last week said that the government did not understand CMAG’s criticisms and was requesting clarification over the required changes.

In response, the NGOs amended their CNI recommendations to include the following:

  • Members of the CNI must be persons of integrity and should be nominated from groups such as the Human Rights Commissions (MHRC), the Anti-Corruption Commission (ACC), the Police Integrity Commission (PIC), the Election Commission (EC), under the guidance of the Prosecutor General’s Office.
  • The mandate and scope of the CNI must be decided by agreement across the political divide.
  • The CNI must pool technical assistance for the international community to both expedite and give credence to the process.
  • There must be opportunity for observation of the process by international actors.
  • The CNI’s finding must be shared with the Parliament and independent state institutions as well as to the public.
  • The state and its institutions must cooperate and make sufficient resources available to the CNI.

All-Party talks

Thinvana Adu also focused on the importance of continued dialogue between political parties “without preconditions”. It was argued that, in order to resolve the current crisis, all parties must be permitted to join the discussions which must be attended by key decision makers.

The India-brokered all party talks have failed to build up momentum due to squabbles over the group’s composition and agenda. The MDP boycotted the first meeting on February 20, complaining that some of the parties represented had no democratic mandate, referring to representatives of former President Gayoom’s Progressive Party of the Maldives (PPM) who at the time of the first meeting had no official representation in the Majlis.

Any MP having switched allegiance to the PPM after its formation in October 2011 was technically classed as an ‘independent’ according to parliamentary regulations. The PPM has since won its first official seat in the Majlis with Ahmed Shareef, formerly Secretary General of the Elections Commission, winning the Thimarafushi by-election on April 14.

The MDP was present at the second round of talks, at which a tentative agenda was defined without specific prioritisation, before the PPM and Dhivehi Rayyithunge Party (DRP) walked away from the meetings following the MDPs refusal to allow the Majlis’s opening session to commence on March 1.

After the eventual opening of the Majlis on March 19, the talks did resume but the latest round, again, made no progress, this time the MDP calling for the inclusion of all registered parties. Today’s Thinvada Adu statement appears to be taking a similar line.

The group of NGOs also criticised the availability of the talk’s convener Ahmed Mujthaba whose absence from the country has delayed the talks on more than one occasion. Explaining his absence after the last session, Mujthaba told local paper Haveeru, “I did not plan my life with the knowledge of the events of February 7”.

Mujthaba had not responded at time of press.

The group also stated that decisions on early elections should be decided through “participatory, transparent, political processes, via discussions amongst political parties.” Aiman Rasheed of Transparency Maldives added that this entailed any decision between parties that did not contravene the existing legal or constitutional framework.

Regarding the long term recommendations of the group, it urged legislation to enable independent commissions of inquiry to function effectively. It urged state institutions to show greater leadership and commitment to responding to the current crisis.

The group also repeated calls for the support of the international actors in the “process of democratic consolidation”.

“It is a concern that in the absence of such guidance it will be a challenge to the national institutions to nurture the infant democracy of the Maldives,” the group said.

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CMAG call for CNI review based on incomplete information: Thasmeen

The Commonwealth Ministerial Action Group (CMAG)’s calls to review the composition of the Committee of National Inquiry (CNI) are based on incomplete information, Dhivehi Rayyithunge Party (DRP) leader Ahmed Thasmeen Ali has claimed.

Thasmeen’s comments were made last night during an interview aired on private TV station DhiTV.  During the interview the DRP head also claimed that the CNI investigation into the transfer of power on February 7 needed to be completed before early elections could be held.

CMAG stated Monday it would consider taking “further and stronger measures” against the Maldives government unless it reviewed the CNI composition and mandate within four weeks.  The Commonwealth body also repeated its call for early elections to be held in 2012.

The government of President Dr Mohamed Waheed Hassan later responded that although it would work with the Commonwealth over its concerns, it could not constitutionally hold elections until July 2013.  The President’s Office added that further clarification was also required on the nature of the Commonwealth’s concerns relating to the impartiality of the CNI – the body set up to assess the circumstances surrounding the transfer of power on February 7.

The Maldivian Democratic Party (MDP), which alleges that former President Mohamed Nasheed was deposed in a coup d’état, has rejected the government’s claims.

Ahead of national protests scheduled for tomorrow, the now opposition MDP has claimed that elections could be held within two months without constitutional changes should President Waheed step down.

However, responding in local media to CMAG’s calls, DRP chief Thasmeen alleged that the Commonwealth had failed to conduct proper research before issuing its statement this week.

Thasmeen reportedly added during the televised interview that CMAG had decided the CNI inquiry commission did not have public support having only spoken to select groups of people.

“I was surprised that CMAG said so. How could they assess what the people of the Maldives think? Talking to a select few on their visits is not enough to determine that,” Haveeru reported the DRP leader as saying.

The CMAG must also provide further details on the measures the government is to take to ensure CNI’s independence, Thasmeen added.

“We don’t understand what they want to convey. They point out that the inquiry commission is not independent but they don’t specify what needs to be done to make it more independent,” Thasmeen claimed.

Moreover, no organisation can call for early elections until the investigation into the transfer of power is complete, he contended.  Thasmeen added that CMAG could only press for early elections if Commonwealth values had indeed been violated in the transfer of power, but such a conclusion had not yet been established through an investigation, Thasmeen added.

“They cannot set the terms on such requests, and even if they do, it is not on the hands of the government to organise an early election.  An early presidential election can only be held after revising the constitution,” he said.

When contacted by Minivan News, Thasmeen said he was unable to comment further at the time.

Resignation calls

In addressing both the DRP and government response to CMAG’s calls, MDP spokesperson MP Imthiaz Fahmy said early elections were possible without constitutional amendments.

Famhy claimed that under the constitution, if President Waheed resigned, Majlis Speaker Abdulla Shahid would become head of state, a development requiring fresh elections to be held within two months.

Otherwise, “political parties will need to come to an arrangement to agree that a 2012 election will elect the president for a five-year term,” Fahmy added.

“We are asking them for a date. Once a target date is set, then we can make all the necessary arrangements. A date is the test of their sincerity” he said.

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CMAG warns of “stronger measures” against government unless CNI is reformed

The Commonwealth Ministerial Action (CMAG) has said it will consider taking “further and stronger measures” against the Maldives government unless the composition of its Committee of National Inquiry (CNI) is revised in the next four weeks.

During a meeting held in London today that was attended by representatives of both the government and the Maldivian Democratic Party (MDP), CMAG continued to call for fresh elections to be called this year.

The need for long-term measures to strengthen the capacity of the country’s judicial sector, as well as fresh party talks between the country’s most senior political representatives to help resolve the current political situation was also raised.

Following the conclusion of today’s talks, CMAG said its members were critical of the government’s attempts so far to establish an independent enquiry into the exact nature of how President Mohamed Waheed Hassan came to power earlier this year.

The CNI, which is charged by the government with looking into the legality and legitimacy of the transfer of presidential power on February 7, was set up amidst international calls to provide an independent assessment of the legitimacy of President Mohamed Waheed Hassan’s administration.

The now opposition Maldivian Democratic Party (MDP), which alleges that former President Mohamed Nasheed was deposed in a coup d’état, has refused to work with the CNI claiming it lacks impartiality and had no international representation.

While reiterating its previous calls for presidential elections to be held by the end of this year, CMAG said it was with “deep regret that there had been little progress towards a political understanding in the Maldives” during the last month.

“The Group was of the view that the Commission of National Inquiry (CNI), 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,” CMAG said in a statement.

“Ministers urged 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.”

Amidst the concerns said to be held by the CMAG over the independence of the CNI and its ability to conduct an independent enquiry into the change of government back in February, the body also set out a time-line for the government to adhere to in order to enact reforms.

“Further and stronger measures”

“Should the composition and terms of reference of the [CNI] not be amended within four weeks in a manner that is generally acceptable and enhances its credibility, CMAG would be compelled to consider further and stronger measures,” the body concluded.

Aside from continuing to push for the establishment of fresh elections by the end of 2012, CMAG added that it also supported Commonwealth’s assistance in order to “strengthen democratic processes, institutions and culture in the Maldives.”

“In this context, it expressed support for the Commonwealth Secretariat’s technical assistance for strengthening for the long term the capacity of the judicial sector, as agreed with the authorities in Maldives,” CMAG added.

“It also welcomed the Secretary-General’s offer to provide elections-related assistance. The Group further called for the capacity of the Majlis to be strengthened.”

In supporting these stated aims, CMAG additionally welcomed ongoing collaborations between other international parties such as the UN and the Inter-Parliamentary Union (IPU).

The CMAG panel that presided over today’s talks was comprised of Foreign Ministers from member states including Australia, Bangladesh, Canada, Jamaica, Sierra Leone,Tanzania and Trinidad and Tobago.

The representatives during the course of the talks were updated on the current situation in the Maldives by the Commonwealth Secretary General and his Special Envoy, Sir Donald McKinnon who has visited the country to meet with various representatives from both sides of the political divide.

The Maldives government was represented at the talks by Attorney General Aishath Azima Shakoor, who presented evidence during the day to the CMAG panel. Dr Farahanaz Faizal also met with the CMAG panel as a representative for former President Mohamed Nasheed.

Azima Shakoor could not be contacted by Minivan News at the time of going to press for her reaction to CMAG’s conclusions.

By-election “mandate”

Speaking to Minivan News yesterday ahead of today’s CMAG meeting, President’s Office spokesperson Abbas Adil Riza said that the government felt the success of its coalition partners in three out of four by-elections over the weekend was an indication of its “mandate” amongst the Maldivian people.

Abbas therefore called on international bodies such as CMAG to take the results of the weekend’s polls into consideration when reflecting on the need for early presidential elections before the ones already scheduled for 2013.

“It is clear that there is public support in the country for this government and that there are not any problems with its constitutional mandate to be in power. In three out of the four elections held, the coalition won by a clear majority,” he said at the time. “The MDP has continued to call for early elections, though yesterday’s elections show that the public backs the government until early elections can be held in July 2013.”

In a statement released Saturday whilst polling was being conducted, the MDP maintained the by-elections indicated that the country was able to hold “free and fair elections” as soon as possible.

“The MDP has consistently called for early presidential elections in the Maldives to resolve the political deadlock that exists since the unlawful transfer of power on February 7 following police and military backed coup in the Maldives,” stated party spokesperson Hamid Abdul Ghafoor .

“Elections today are held at a time when [former President Maumoon Abdul] Gayoom has publicly stated early Presidential elections would not be held in the Maldives citing conditions for elections are not right and also that Elections Commission does not have the capacity to hold early elections in the Maldives.”

CMAG was last month accused by members of President Waheed’s government of showing “bias” towards certain political parties in calling for general elections as early as possible to resolve questions over the administrations legitimacy.

The government later said it was concerned over the “language” used by the Commonwealth in its statement.

The President’s Office said last month said that although it was not for the time being looking to leave the Commonwealth, it added that such a move could be considered if CMAG continued to use similar language in the future.

“If this language continues, we will look to consider our position [in the Commonwealth],” government spokesperson Abbas Adil Riza told Minivan News at the time.

The government later denied it had made such claims, alleging to local media that the report in Minivan News had been “politically motivated”.

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Committee of National Inquiry cannot wait for international assistance: Shafeeu

Head of President Mohamed Waheed’s Committee of National Inquiry (CNI), Ismail Shafeeu, has said the committee cannot wait for international assistance as they proceed with an inquiry into the controversial transfer of power on February 7.

“Due to the nature and importance of this issue, I do not believe we can wait for assistance from the UN system or Commonwealth system or wait for a consultant to arrive. If Maldivian sources cannot fully answer the legal questions or other issues that arise, then we will discuss with foreign lawyers, pay them any required fees and proceed,” Shafeeu told local media on Thursday.

President Dr Mohamed Waheed Hassan charged the three member presidential commission with assessing the circumstances that led to Nasheed’s resignation and has asked the committee to publish its report by May 31. Nasheed alleged he was deposed in a coup d’état.

The Commonwealth, the EU and foreign governments including India and America have called for an impartial and independent investigation into the transfer of presidential power. The Commonwealth’s Ministerial Action Group (CMAG) has said it “strongly felt that there should be international participation in any investigative mechanism, as may be mutually agreed by political parties in Maldives.”

President Dr Waheed’s Spokesperson Abbas Adil Riza told Minivan News the government has now requested UN and Commonwealth assistance. “We believe we will get this assistance,” Riza said.

The CNI would decide on the extent to which international actors would participate in the inquiry, Riza said, but added that the government wants foreign expertise on formulating recommendations based on the CNI’s findings.

The ousted Malidivian Democratic Party (MDP) and local civil society groups have criticised the committee on its failure to solicit cross-party support regarding its composition. CNI head Shafeeu previously served as the Defense Minister under former president Maumoon Abdul Gayoom. Consequently, the MDP has said it does not recognise the CNI.

Speaking to Minivan News, Aiman Rasheed from Transparency Maldives said: “It is imperative that the CNI solicits international aid. When we met with the CNI previously they raised concerns over their capacity, especially in hiring a legal team. This is the first time this has happened in the Maldives, and there is much to learn from international experience.”

Approach Nasheed

According to the CNI’s mandate, the committee will not be conducting a criminal investigation. Speaking to local media on Thursday, the CNI said it had not yet interviewed any senior officials from Nasheed’s administration, but had conducted interviews with police and military officers.

The CNI website says it had spent 35 hours interviewing 37 individuals by April 3, almost two months after the change of government.

MDP lawyer Hisaan Hussein said CNI’s failure to interview former administration officials “raises questions over the kind of work the committee has been doing, especially given the amount of time that has passed now.”

The committee will approach former President Nasheed after conducting background research. “We will send a request [to see Nasheed] and see what happens then. We don’t think there is a reason for him not to give us information,” Shafeeu said.

Coup question

CNI Member Dr Ibrahim Yasir Ahmed said the committee will address whether the Nasheed had been ousted in a coup.

“We will answer everything we can based on the information we gather. We will hold debates on the question of whether it was a coup or not,” Yasir said.

The CNI was in the process of obtaining foreign legal assistance on the question, Yasir added.

Transparency Maldives’ Aiman Rasheed said the inquiry was “a stepping stone for national reconciliation. If this doesn’t work, we may end up in a more chaotic situation.”

MDP concerns

CNI Member Dr Ali Fawaz Shareef reiterated its call for MDP’s support in the inquiry process. Shareef said attempts to hold discussions with MDP were underway.

“MDP has publicly said they do not have confidence in this commission. Before we can proceed, we first have to know the details of their concerns,” Shareef said.

The MDP has released several statements outlining its concerns over the CNI.

“The Investigation team must include Maldivians who enjoy the trust of all parties as well as respected foreign experts. It must also have a mandate to look at events leading up to the resignation of President Nasheed as well as police brutality before and after the resignation,” a February 15 statement read.

Responding to the establishment of the CNI on February 22, the MDP said: “[The CNI] 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.”

As MDP and civil society concerns over the CNI remain unadressed, several MPs have now called for the investigation of the transfer of presidential power to be conducted through Majlis.

CMAG and the EU, among other international groups, have backed MDP’s calls for early elections in the Maldives.

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US pledges US$500,000 for elections assistance in the Maldives

The US government has pledged US$500,000 (Rf7.7 million) for an elections programme  to assist Maldivian institutions in ensuring a free and fair presidential election.

The program will be made available from July 2012, said Chargé d’Affaires of the US Embassy in Colombo, Valerie Fowler.

Meeting the press on Thursday afternoon in the Maldives National Art Gallery, Fowler said the US would also “work with the Commonwealth to help the Maldives work through the current situation to elections”.

The US will lend any support, including technical assistance, to ensure the next presidential election in the Maldives is conducted “smoothly and observed the rule of law”, Fowler said.

“Through USAID we are in the process of starting an election programme that will assist Maldivian institutions in ensuring a free and fair presidential election. We have allocated US$500,000 to start that process and anticipate that we can begin as soon as July 2012,” Fowler noted.

Referring to the discussions she held with political parties during her trip, Fowler said “I echoed our call on all sides to maintain an open and transparent dialogue and use Maldivian mechanisms to resolve the political situation”.

She acknowledged the opening of parliament sessions as a positive step forward and highlighted the need to amend the Police Act and Maldives National Defence Force (MNDF) Act – both pre-date the constitution – in order to depoliticise the country’s security forces. Meanwhile, Fowler said she was pleased to be told that important national legislations such as the Penal Code, Criminal and Civil Procedure Codes and the Evidence Act were under committee review.

However, Fowler noted that the US believed there needed to be an “environment conducive to early elections”, an aim that could only be created through dialogue, as well as capacity building measures.

“We hope the political party talks will resume in the coming days. These talks represent a positive avenue for progress when each of the parties participates with an open mind. In addition, we call upon parties to support the Commission of National Inquiry (CNI),” she said.

Deposed former President Mohamed Nasheed and his Maldivian Democratic Party (MDP) has declined to cooperate with three-seat CNI appointed by President Waheed, citing unilateralism and lack of independence and international participation.

Nasheed alleges that he was forced to resign “under duress” in an opposition-backed coup, in which he alleges Dr Waheed was complicit.

Asked whether the US recognises Dr Waheed’s government’s legitimacy, Fowler said “we do not recongise individuals, we recognise states and we are in fact working very closely with the government of the Maldives”.

However, she added: “A full and impartial investigation into the circumstances that prompted former President Nasheed to resign is necessary, and we look forward to the report of the commission.”

Responding to the concerns raised over independence of the Inquiry Commission and a possible US role in the investigation, Fowler observed, “we have not received any requests from the government to help the (CNI) commission of inquiry’s work” but “we understand the government of Maldives is working closely with the Commonwealth’s special envoy.”

According to Fowler, “Assistant Secretary Robert Blake has been in regular contact with Special Envoy Sir Donald McKinnon, and we expect to work closely with the Commonwealth, both in terms of policy and technical support, to help the Maldives work through the current situation to elections.”

She also said that the US appreciated the work of other international parties and noted that it was in touch with Indian Foreign Secretary Shri Ranjan Mathai – a key figure within ‘roadmap’ talks aimed at facilitating early elections.

Fowler added that both the US and the wider international community would be paying close attention to bi-elections scheduled for April 14, where several parties are fiercely competing over two vacated seats in parliament.

“These elections, the first since transfer of power, must be transparent and the results accepted as fairly achieved in order to avoid making the political situation even more challenging,” she contended.

“This is an important time in Maldives history.  The Maldives has a well earned reputation and international standing as being a moderate, progressive young democracy. Further domestic conflict and instability will hurt that reputation and has the potential to do significant damage to international tourism in the Maldives,” Fowler concluded.

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Don’t follow our example, Pakistani civil society warns Maldives

Civil society organisations in Pakistan have expressed alarm over the political crisis in the Maldives, urging the country not to make the same mistakes as Pakistan and calling for the Maldives’ suspension from SAARC until democracy is restored.

Civil society activists from organisations including the Pakistan Institute of Labour Education and Research, the Pakistan Fisherfolk Forum, Sindh Development Forum, former Supreme Court judge Nasir Aslam Zahid and human rights activist Iqbal Haider addressed the Maldives’ situation at a joint press conference on Saturday.

“At least two countries in South Asia – Pakistan and Bangladesh – that have faced martial laws and coups in the past know very well how people suffer when democracy is brought down,” the civil society representatives said, according to newspaper Pakistan Today.

“We believe that democracy and governance are two different matters and the failure of governance should not be equated with the failure of democracy. An elected regime is brought in by the efforts and votes of the people through the institution of elections and the exit of an elected government should also follow the same procedure.

“There is no way use of force or coercion should be allowed to overthrow a democratically elected government. We also believe that if South Asia is to progress as a region, it will have to adopt democracy as a system of governance,” the representatives said.

“We also stress the need for the Pakistani government to take a strong stand with regards to the events in the Maldives. There are a lot of similarities between the Maldives and Pakistan. Like the Maldives, the elected government of Pakistan too came to power after a very long struggle against military rulers that had held power unconstitutionally for a long time,” they said.

The Pakistani civil society representatives warned that the Maldives was now following the same path of decline that had mired Pakistan in political, religious and economic turmoil.

“The growing strength of religious forces in the Maldives seeking to assert their political prowess and their role in the overthrow of the government is also a point where Pakistan could relate to its South Asian neighbour. The elected governments in Pakistan have battled and are still struggling with the same phenomenon.

“South Asia, as a region, has lost resources and valuable time over the quest by powerful military institutions to assert dominance over the state. This has to be discouraged and a culture of promotion of democracy needs to be cultivated,” the representatives stated.

“We also urge the government to call for the activation of the SAARC mechanisms to prevent the undemocratic move in the Maldives. A joint stand from the platform of SAARC needs to be taken to condemn the events in the Maldives. We also urge all South Asian publics to take this matter seriously and support their respective governments in condemning the action.”

Civil society organisations in the Maldives have been noticeably quiet since the controversial events of February 7-8.

Off the record, several civil society figures have said they have avoided making a stand for fear of politicisation.

“I don’t think taking the right stand means we are politicised,” said another, on condition of anonymity.

“To be frank, we’ve really tried to work on these issues but we’ve hit a wall with the media, [particularly broadcast]. We’re just not getting the time and attention we used to [under Nasheed’s government].”

Several NGOs, including Transparency Maldives, the Maldivian Democracy Network, the Maldives NGO Federation and Democracy House sent a letter to new President Dr Mohamed Waheed Hassan on February 29 – three weeks later – requesting observer status on Dr Waheed’s Committee of National Inquiry (CNI) into the circumstances surrounding the change of government.

The NGOs subsequently met with Dr Waheed and the CNI in an attempt to ensure the composition was acceptable to all political parties, as Nasheed’s MDP has currently boycotted the inquiry claiming it consists of key Gayoom loyalists.

The NGOs sent a second letter on March 15. Minivan News understands that they are still awaiting a reply.

“The onus is on the President to change [the composition], as the CNI has said it cannot,” said an NGO representative.

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“Coup investigation not within our mandate”: HRCM, PIC, PG, ACC, MMC

Investigation into the legality and legitimacy of the transfer of power on February 7 is not within Maldives’ independent state institutions’ mandate, the institutions have said.

Instead, the Human Rights Commission of the Maldives (HRCM) and the Police Integrity Commission (PIC) will respectively investigate human rights violations and police conduct on February 7.

The Prosecutor General (PG) and the Maldives Media Council claim the two bodies do not have investigative authority, while the Anti-Corruption Commission (ACC) said no cases have been lodged with the commission regarding the transfer of power.

Following the Commonwealth and EU’s call for an impartial investigation into the alleged coup d’état, President Dr Mohamed Waheed Hassan appointed a three member Committee of National Inquiry (CNI) to investigate the transfer of power. However, the commission has come under fire from the Maldivian Democratic Party (MDP) and civil society groups for unilateralism and lack of independence.

Moreover, the CNI has said it will not conduct a criminal investigation, but will publish a report based on members’ informed opinions in May. The commission’s mandate “specifically indicates that the inquiry will not be a criminal investigation. Any criminal investigation pertaining to the subject of the inquiry will remain the responsibility of the relevant authorities”.

But with the abdication of responsibility by independent state institutions, it now appears no independent commission in the Maldives will investigate the power transfer of February 7.

Ousted Maldivian Democratic Party (MDP) spokesperson Hamid Abdul Gafoor expressed “deep disappointment” and said institutions were “not extending themselves enough.”

“When the system breaks down, it is the responsibility of national mechanisms to deal with it. The democratic impulses driving these institutions are dying. This is why we are asking for external involvement and mediation in the inquiry,” he said.

President Mohamed Nasheed stepped down after elements of the police and military mutinied and called for his resignation. Video footage also show the police and military vandalising MDP’s offices and taking over state media Maldives National Broadcasting Corporation (MNBC) prior to Nasheed’s resignation.

Police cracked down on peaceful demonstrators in Malé the following day on February 8, leading to widespread arson and vandalism of courts, police stations and courts in the atolls.

HRCM

Speaking to Minivan News, the Human Rights Commission of the Maldives (HRCM) said the commission will investigate human rights violations on February 6, 7, and 8, and release a comprehensive report by mid-April. However, the commission will not look into the transfer of power.

“We will not be looking into the transfer of power. The transfer of power is out of the commission’s mandate or the capacity in terms of numbers to investigate such a complex matter that involves so many institutions,” said commission member Ahmed Abdul Kareem.

“If HRCM gets involved in this inquiry, then we will not be able to investigate day-to-day cases,” he added.

He also said the best solution was for an impartial state inquiry with the representation of the Majlis and courts.

HRCM is currently investigating former President Mohamed Nasheed’s detention of Chief Judge of the Criminal Court, Abdulla Mohamed. The former President, along with former Home Minister Hassan Afeef and Defence Minister Tholath Ibrahim, were last week summoned for questioning by the commission.

In response Gafoor said, “If the HRCM does not understand a coup to be an infringement of an entire public’s human rights, they are not extending themselves at all.”

Police Integrity Commission

President of the Police Integrity Commission (PIC) Shahindha Ismail said the commission would only be investigating the legality of police actions before and after February 7.

“Although the question of a coup has been raised, the PIC does not have the mandate to investigate such a claim. We are investigating police actions before and after February 7—whether they were lawful or unlawful,” she said. The PIC can only address the question of police mutiny once investigations are complete, she added.

Further, the PIC can only investigate the police role, but not that of the military. “There is no oversight body of the military except for the parliament,” she said.

Police Commissioner Abdulla Riyaz previously told local media the police would not be conducting an internal investigation of police conduct during transfer of power, citing concern of investigation “overlap” on the issue between the HRCM and the PIC.

Prosecutor General’s Office

Deputy PG Hussein Shameem said the Prosecutor General was not an investigative body, but could order an investigation if an investigation is not taking place.

“We have not ordered an investigation because we have been informed such an investigation is ongoing,” Shameem said referring to the CNI’s work.

Article 223 (d) of the constitution gives the PG the authority to oversee the legality of preliminary inquiries and investigations into alleged criminal activity. However, with the CNI stating it will not conduct a criminal investigation, the PG office’s role in the CNI inquiry is now unclear.

Maldives Media Council

Minivan News asked the Maldives Media Council (MMC) whether it was investigating the police and military takeover of the Maldives National Broadcasting Corporation (MNBC) on February 7. Video footage shows some kind of firearm or explosive being used to enter the courtyard, and MNBC staff alleged the police and military intimidated them, and forced some journalists to go home before rebranding the station to its former title under Maumoon Abdul Gayoom.

The 15 member MMC is mandated by law to establish and preserve the freedom of media.

MMC President Mohamed Nazeef said the council was not an investigative body, and was waiting on other institutions to complete investigations.

“We are waiting since other institutions, such as the HRCM are investigating this matter. We do not want an overlap. We are not an investigative body and we cannot conduct an in-depth criminal investigation. We can only recommend matters of concern to the police. But if no one is investigating the issue, we will address it,” he said.

“MNBC was state media, controlled and protected by the government. Our concern and focus was more on the media personnel and private independent media organisations,” Nazeef added.

The Anti-Corruption Commission

The Anti-corruption Commission (ACC) said that although the MDP alleged elements of the police and the Maldives National Defense Forces (MNDF) were bribed to revolt against Nasheed, the commission could not investigate the entire military and police force.

“There are allegations that the police and military took bribes during the transfer of power. But there are approximately 5000 police officers. We cannot investigate the entire police force. We would need to conduct a forensic investigation, check their bank accounts and the bank accounts of relatives. But no one, even on a podium, has said with certainty the individual who took bribes. They say all police officers took bribes. I would like whoever is accusing the police to give us more details,” ACC President Hassan Luthfee said.

He also said there had only been two cases submitted regarding the transfer of power. One of them concerned a complaint that MDP demonstrators who laid money at police feet were actually bribing the police. The MDP were protesting against alleged police bribery.

The CNI

The CNI has now asked for witness statements and asked the public to upload statements and videos on their website if witnesses were uncomfortable giving statements in person.

The CNI has collected statements from all political parties except the MDP. But the MDP has refused to cooperate with the committee.

“We do not recognise the CNI. How can the people who instigated a coup investigate the coup? There is no validity in the process. How can we give any weight to it?” Gafoor told Minivan News.

The MDP has raised concerns over the committee’s composition. The CNI is chaired by former President Maumoon Abdul Gayoom’s Defence Minister Ismail Shafeeu. The MDP has also called for strong international presence on the commission.

The EU, Commonwealth, India, UK and the US have called for an impartial investigation.

Dr Waheed Hassan told local television station Villa TV (VTV) he would resign and reinstate ousted President Nasheed if the CNI established the February 7 transfer of power to be illegitimate.

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“Consensus” now to appoint foreign expert to inquiry panel: government

As the European Union reiterates calls for “urgent agreement” on a process for political reconciliation and elections in the Maldives, the government has said it would welcome international independent assistance on ratifying its legitimacy – but only by an organisation accepted by all parties.

The inclusion of international experts in the Committee of National Inquiry (CNI) has been urged by numerous international actors as well as the Maldivian Democratic Party (MDP) and former President Nasheed.  The CNI has been charged with looking into legality of the transfer of presidential power last month to ascertain the legitimacy of the current government.

It currently consists of three members: Ismail Shafeeu, former minister of defence and national security during President Maumoon Abdul Gayyoom’s administration; Dr Ali Fawaz Shareef, Deputy Vice Chancellor at Maldives National University; and Dr Ibrahim Yasir, former Director General of Health Services.

President Mohamed Waheed Hassan’s spokesperson Abbas Adil Riza told Minivan News today that there was now “consensus” among politicians for a foreign expert to sit on the panel of the CNI to ascertain the truth over the controversial transfer of power. However, Abbas claimed that the government was presently seeking UN assistance for the inquiry panel following allegations of bias by former opposition MPs and government ministers against  “British interference” within the Commonwealth.

The opposition Maldivian Democratic Party (MDP) claimed in response that efforts by certain MPs and government members to discredit the Commonwealth in favour of the UN were nothing but a stalling tactic to delay appointing international assistance.

The Commonwealth, whose ministerial action group (CMAG) last week backed early elections in the country has been criticised by some former opposition MPs and government figures in the Maldives for the comments. The organisation has nonetheless been backed by the EU in its decision to send Special Envoy Sir Don McKinnon to the country over the last few days to hold dialogue with all parties and several former presidents.

Although, not directly echoing the Commonwealth’s calls that “the earliest possible expression of the will of the people was required to establish universal faith in the legitimacy of those who govern the [Maldives],” the EU stressed concern over the continued political unrest in the Maldives.

“I believe it is of utmost importance that political parties and authorities abstain from taking any action that could further complicate matters. Moreover, the security of the leaders of political parties has to be guaranteed,” stated Catherine Ashton, High Representative of the European Union for Foreign Affairs and Security Policy.

“Agreement on the holding of early elections, on the independent investigation of the transfer of power of February 7 and on the re-establishment of the correct functioning of government and parliament is now more important than ever.”

International assistance

Responding to the comments, Abbas Adil Riza said that President Waheed and his government appreciated the consideration of international bodies like the Commonwealth and EU regarding the current political situation in the country.  He added that the government had therefore pledged to do everything they could to follow their advice.

The president’s spokesperson said the government was presently trying to work in line with international calls to host fresh presidential elections and a independent enquiry into the events leading to Dr Waheed coming to power on February 7.

“We are working hard to put together the most independent commission for the enquiry so we can have all parties to agree on its outcome,” Abbas stated. “Sadly MDP MPs have made accusations questioning the pointed panels independence so we have called on the UN to assist with this matter.”

When asked about the nature of this UN “assistance”, the government spokesperson said that discussions has so far related to securing an international expert to be appointed to the CNI panel.

However, Abbas stressed that the government favoured UN assistance – a body which has been noticeably silent amid the country’s growing political crisis. Abbas said some of the former opposition political parties, now in government, had accused the Commonwealth of being bribed by the MDP in local media.

“Since the MDP accusation questioning the independence of the current panel, the PPM and indeed some in the government have raised issues of British involvement in the Commonwealth. The international party has to play a role that is unbiased,” he said.

“The PPM, which is a major political party in this country, has outright accused the Commonwealth of bias.”

Abbas told Minivan News that amidst these allegations, acquiring the direct assistance of the UN, which represented a much wider scope of countries was a more preferable “solution to ensuring legality” of the government.

To this end, the spokesperson added that the foreign Ministry has been in touch with the UN over obtaining international assistance with the independent investigation and that responses had so far been “positive”.

However, he stressed that ensuring true independence in the Maldives was extremely difficult.

“The government is trying to find a balanced solution that all sides can agree upon. However, in a third world country like the Maldives the solutions are often very complex,” Abbas claimed. It is very complicated to maintain neutrality.”

However, MDP spokesperson, Hamid Abdul Ghafoor said the party remained cautious over the government’s commitments to secure an international expert to oversee the independent investigation.

“What we have noticed is evasiveness by the government to finalise international involvement in the enquiry,” he said. “I believe the UN talks are a deviation.”

Ghafoor claimed that this alleged “reluctance” by the Waheed government to involve international experts in its affairs was reflected in what he called the disproportionate response from some MPs towards dismissing and insulting the Comonwealth.

To support this claim, he pointed to comments made by Foreign Minister Dhunya Maumoon, who dismissed calls by the Commonwealth for early elections as showing bias towards one particular party – presumably the MDP and former President Mohamed Nasheed.

Despite these concerns, Ghafoor said he was very encouraged by the latest EU statement issued by Catherine Ashton.  The MDP spokesperson claimed the statement raised additional concerns regarding the current political situation from its previous statement last month, such as in the manner that government and parliament was presently functioning.

“We believe that this shows the situation has deteriorated further,” he claimed.

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MDP calls for compromise amid ongoing political standoff

The Maldivian Democratic Party (MDP) is open to compromise in its position on the opening of parliament, the party has said, in its pursuit of an early election date.

“[The MDP] have to compromise as well. It should not be expected that during negotiations that only one side will make all the efforts to compromise,” said the MDP’s Parliamentary Group Leader Ibu Solih yesterday.

In a conciliatory statement, Solih said: “Just look at what happened last week. [The government] said that a date for an early election will not be settled until the parliament is opened, while we maintained that the parliament cannot be opened until a date is set. Both sides wanted their way.”

He continued to posit national welfare as the paramount concern during the current political upheavals: “Finding a way to co-exist should be of fundamental importance right now.”

President’s Office Spokesman Abbas Adil Riza said that the all-party talks would continue when the convener Ahmed Mujuthaba returns next week. Riza himself represented the Jumhoree Party (JP) of resort owner Gasim Ibrahim at the recent round of talks, and spoke of the need to find common legislative ground before fresh elections.

“Let parliament function and politicians be politicians,” said Riza. “We cannot allow extreme elements to take control.” Riza stated that the JP wanted assurances that the democratic processes that many people had worked hard to cultivate “would be allowed to function properly before it could support fresh elections.”

“We must not return to square one,” he continued, as he emphasised the need for clearer methods, situated on common ground, to resolve procedural deadlocks. He cited the PPM’s displeasure with the Electoral Commission and the MDPs unhappiness with the Judicial Services Commission as examples of this systemic conflict.

“Having nearly brought the democratic process to a standstill… let us legitimise the process,” he said.

Committee of National Inquiry (CNI)

Transparency Maldives Project Director Aiman Rasheed reported that a meeting between NGOs and the CNI today was candid and contained much “positive energy”.

Today’s meeting was attended by a number of local groups including the Maldivian Democracy Network, the Maldives NGO Federation and Democracy House.

“The inquiry is an opportunity for unity… It is a collaborative civil society effort,” Rasheed said. He emphasised the popular theme of better dialogue between parties.

Several parties on the side of the new government, the Dhivehi Rayyithunge Party (DRP), Progressive Party of the Maldives (PPM) and the Adhaalath Party (AP) last week walked away from the India-mediated roadmap talks  after MDP MPs blocked the entry of Parliamentary Speaker, Abullah Shahid, to the People’s Majlis. The CNI has been presented by India as an important of  path to political reconciliation in the Maldives.

President Dr Mohamed Waheed Hassan earlier in the week wrote to all parties urging a renewal of their commitment to the all party talks “in the best interest of the nation.”

During the meeting between the CNI and the representatives of Maldivian civil society,  the issue of time constraints on the newly formed investigative body were also highlighted. Whilst time is needed to adequately staff and establish working procedures, Rasheed said he believed time was “a luxury” that could be ill-afforded.

The CNI has asked the Foreign Ministry to expedite its normal procedures in contacting the United Nations. International participation has been strongly advocated both domestically and internationally to safeguard the transparency of the inquiry process.

Following the MDPs recent claims of witness intimidation – including of police officers willing to speak to the inquiry – CNI members were candid about the challenges faced, acknowledging that witness protection would be an important issue.

The President spoke to local television station DhiTV this week, stating his intention to work tirelessly to unite the divided country.

In a subsequent statement on the President’s Office website, Dr Waheed said “satisfactory results could not be achieved if I attempted to work alone.”

“What we have witnessed over the past three years was the decisions of a single individual being imposed on all,” Dr Waheed claimed.

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