Government agrees to CMAG demands “with conditions”

The government of the Maldives has agreed to the Commonwealth Ministerial Action Group’s (CMAG) demand to revise the composition of a commission set up to investigate the controversial transfer of power on February 7, but has set conditions for the appointment of a new member to represent ousted President Mohamed Nasheed on the commission.

Attorney General Azima Shukoor said Nasheed’s nominee must not have served in a political position in the past two years or taken a public stand on the transfer of power. Nasheed’s Maldivian Democratic Party (MDP) have challenged the conditions and called them “nonsensical.”

The CMAG in April warned of “stronger measures” against the Maldives if new President Dr Mohamed Waheed Hassan failed to revise the composition and mandate of the Commission of National Inquiry (CNI) by May 16.

The Commonwealth had already suspended the Maldives from the CMAG and placed the Maldives on its formal agenda following Nasheed’s claim that he was ousted in a coup d’état on February 7, carried out by mutinous elements of the police and military.

Speaking to the press on Tuesday with only a day remaining before the CMAG deadline, Shukoor said the CNI will continue to retain the three members appointed by President Waheed, but will now include a Commonwealth-chosen judge as co-chair of the commission and a member representing Nasheed. The government has already accepted a retired Singaporean judge as co-chair, but has rejected nine candidates fielded by Nasheed and given him a two week deadline to fill the post.

Regarding CMAG’s call to revise the CNI’s mandate, Shukoor said a “misunderstanding” had taken place and that the mandate would be “clarified and refined.”

“Nonsensical”

At a press conference immediately following the government’s briefing, MDP Spokesperson Hamid Abdul Ghafoor hailed the government’s decision to revise the CNI composition as “historic”, and said the commission “is now independent.”

However, MDP lawyer and former Youth Minister Hassan Latheef expressed concern over the government’s “nonsensical” conditions for Nasheed’s member. In addition to prohibiting any candidate who had served in a political position and taken a public stand over the transfer of power, the government has also stipulated that the nominee must have “good behavior and integrity.”

Latheef said the latter conditions were “subjective”, and added that if the government required a candidate who had not yet taken a public stand, “then they are saying Dr Waheed will appoint President Nasheed’s representative.”

If Nasheed was not allowed to appoint his own candidate, the opportunity “lacks any sincerity”, Latheef said.

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

Ghafoor said the MDP had initially asked for three MDP members on the commission for equal representation, but acceded to a foreign co-chair and a member to represent Nasheed because the party “wants the case to proceed and we want a way out of this.”

According to Shukoor, the government rejected Nasheed’s nominees because they included members of his cabinet, his relatives and MDP activists. “The Commonwealth’s concern is that the composition be independent and impartial. Hence, the government believes the inquiry commission cannot proceed with the [nominated] people,” she told reporters.

The MDP initially challenged the independence of the inquiry on the basis that Chair Ismail Shafeeu was previously Defence Minister under former President Maumoon Abdul Gayoom’s government, at a time when systematic torture was being conducted on political prisoners.

Home Minister Mohamed Jameel said he hoped the CMAG would accept the government’s proposal, and said: “We do not believe CMAG’s demand was to appease a certain person. The government and the majority of the public cannot believe these nominees can be impartial.”

The government has given Nasheed a two-week deadline to field an acceptable candidate. If an agreement cannot be reached, then the government will proceed by appointing a lawyer to the seat reserved for Nasheed’s nominee, Shukoor also said.

Terms of reference, elections

Although  CMAG had called for a revision of the CNI mandate, Shukoor said the terms of reference would not be changed, but had been refined.

MDP’s Latheef provided details of the changes to the mandate, claiming the CNI would prioritise an inquiry into whether Nasheed had resigned under duress and the circumstances surrounding the transfer of power.

The CNI’s current mandate stipulates an investigation into the events starting from the detention of Criminal Court Judge Abdulla Mohamed on January 14 until the transfer of power on February 7. The government maintains Nasheed voluntarily resigned following public furor over the judge’s detention.

Furthermore, instead of relying solely on witness statements, the commission would also accept photos, videos, audios, personal bank statements and phone recordings as evidence, Latheef also said.

The CMAG had also called on the Maldives to hold early elections within 2012, but Shukoor reiterated the government’s position that fresh elections could only be held if the inquiry found the transfer of power to be unconstitutional and added that early polls would require a constitutional amendment.

Formal Agenda

In Tuesday’s press briefing, the government also protested against CMAG’s decision to place Maldives on its formal agenda, and said the move contravened the Commonwealth’s mandate and procedures.

Newly-appointed Human Rights and Gender Minister Dhiyana Saeed 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.”

Saeed claimed that as long as Nasheed’s allegations of coup d’état remained unproven, the CMAG could not activate its mandate to place Maldives on its agenda.

“Given that no allegations have yet been proven and when the Maldivian government is cooperating with an investigation into the allegations, CMAG has placed the Maldives on its formal agenda outside of the CMAG mandate and process,” she told reporters.

Despite the government’s opposition to being placed on the CMAG’s formal agenda, it remained ready to engage with the Commonwealth in finding a political resolution, Saeed said.

The Commonwealth must follow “due process” by establishing whether an unconstitutional transfer of power had taken place before placing Maldives on its agenda, Shukoor added.

“It is our right to be treated according to those principles, no matter how small or vulnerable we are or how serious the allegation against us are,” she said.

Political parties backing President Dr Waheed have called for preemptively withdrawing from the Commonwealth. MPs of the Progressive Party of the Maldives (PPM) and the Dhivehi Qaumee Party (DQP) in April submitted a bill to Majlis to disengage from the Commonwealth.

Waheed is currently in India for an official visit, and has criticized the Commonwealth engagement with the Maldives.

“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,” local media reports Waheed as saying.

Despite voicing his 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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Media offensive

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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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Government-Commonwealth talks continue over CNI conduct concerns

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

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

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

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

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

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

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

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

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

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

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

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

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

“Anti-foreign sentiment”

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

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

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

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

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

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

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

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

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

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

Voices of dialogue

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Electoral defeat

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

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

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

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

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

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

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

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

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

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

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

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

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

National inquiry

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

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

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

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

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

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

“Entrenchment”

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

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

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

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

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

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

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

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Comment: Commonwealth ultimatum sparks call for pull-out

With the People’s Majlis, or Parliament, confirming the nomination of Vice-President Mohammed Waheed Deen, an element of political continuity and consequent stability has been injected into the Maldivian polity for now.

Yet, the visiting Commonwealth Ministerial Action Group (CMAG)’s ultimatum to the Government of President Mohammed Waheed Hassan Manik to recast the National Inquiry Commission (NIC), probing MDP predecessor Mohammed Nasheed’s charges relating to power-transfer, has thrown up a counter-call from Government leaders for Maldives to pull out of the Commonwealth – thus taking the focus away somewhat from domestic politics.

In Parliament, over the confirmation vote, all but one member belonging to the 32-strong majority MDP group, boycotted the 77-member House. The House also cleared all 14 Cabinet members individually, after the Supreme Court had upheld the procedure followed by the Majlis when President Nasheed sent the list of ministerial team for confirmation after their en masse resignation in 2010. The MDP is considering action against errant member Shifag Mufeed, who violated the party’s three-line whip and also spoke against its known line on the ‘coup charge’ in Parliament.

Confirmation for Vice-President Deen takes the punch out of the MDP argument against the need for a constitutional amendment for facilitating early elections. In India recently, and elsewhere too, President Nasheed and his MDP aides had said that President Waheed’s resignation could lead to Speaker Abdulla Shahid taking over the reins for a mandatory two-month period, when fresh presidential polls had to be held under his care. Vice-President Deen’s confirmation now means that even if President Waheed were to quit, the Vice-President would take over his place, as he himself had done when President Nasheed quit on February 7.

For advancing presidential polls without amending the Constitution, both President Waheed and Vice-President Deen will have to quit simultaneously. President Nasheed was believed to have attempted a constitutional coup of the sort when his Cabinet quit en masse, but Vice-President Waheed, it was said, would not play the ball. However, Government coalition partners like the Dhivehi Rayyathunge Party (DRP) have said that they were not against early polls, but favoured a full five-year term for the new President, and were against the nation spending money and time only to fill in the residual part of the current presidency, ending in November 2013. This would require a constitutional amendment.

Yet, the numbers don’t add up for a constitutional amendment of the kind. With two by-election losses after the February 7 power-transfer and now the walk-out from the party by a single member has reduced MDP’s Majlis’ strength to 31. Yet, it remains the ‘majority group’ against the DRP parliamentary group’s 32 after the latter split formally following the two by-elections. Rules mandate that for parliamentary recognition, a political party should have won at least one seat on its symbol. The Progressive Party of Maldives (PPM), founded by former President Maumoon Gayoom after splitting away from the DRP, his original political-find, opened the account by winning the Thimarafushi seat in the April 14 by-election.

The PPM now has 17 members in the House, and Gayoom’s half-brother Abdulla Yammen has become the ‘minority group’ leader in the House, a position held by DRP’s Thasmeen Ali. The latter has 15 members. Even if the MDP and the DRP were to vote together, it would add up to only 46 votes in Parliament, and would fall woefully short of a two-thirds majority. Indications are that in the absence of a national consensus over a constitutional amendment, the DRP can be seen as siding with the MDP only at the cost of further erosion in its parliamentary strength.

The leadership of Thasmeen Ali, once President Gayoom’s running-mate in 2008 and later anointed by him as DRP president and presidential nominee for 2013, is said to be acutely aware of the possibilities of a further split, particularly of the cadres drifting towards the PPM than in favour of the MDP, where again internal trouble seemed brewing all over again.

Consternation of and with Commonwealth

Two greater issues however have since captured the nation’s imagination and attention. On return to the country after its first visit soon after the power-transfer, the Commonwealth Ministerial Action Group (CMAG) served a four-week ultimatum on the Waheed Government to recast the team probing President Nasheed’s coup-charge linked to the power-transfer, to make it more credible, or face more severe action. This only helped open up a national debate, with some Government party members, as if by cue, telling Parliament that Maldives should reconsider its membership of the Commonwealth.

Outside Parliament, President Waheed and some probe team members took different positions on recasting or expanding the commission’s membership, to meet stringent quality-control. President Waheed said that the team’s terms gave it powers to recast itself. Team members however said that they had a limited mandate, and had a May 31 deadline to meet. However, probe team’s leader has since clarified that it had inherent powers to seek external experts to assist it in the probe. Until the CMAG served the ultimatum, President Waheed and his Government had reiterated their request for Commonwealth to suggest experts for assisting the probe without compromising on the nation’s sovereignty. The CMAG has been silent on the request, since.

President Waheed sought to put a lid on the demand for Maldives quitting the Commonwealth, by declaring that it was not in the Government’s mind. However, former President Gayoom, whom the MDP says was the brain behind the ‘power-transfer conspiracy’ and the real power behind the Waheed Governent, has kept the pot boiling since. He said that the Commonwealth’s character has changed, from being supportive of smaller member-nations to become the power-base of the bigger ones. He has also pointed out that the Commonwealth was essentially a club of once-colonised nations whereas Maldives was not a colony, only a protectorate.

Despite President Waheed’s denial two ruling combine MPs have since presented a Bill to Parliament calling upon the Government to pull out of the Commonwealth. The members belong respectively to former President Gayoom’s PPM and Presidential Advisor Hassan Saeed’s DQP. Maldives’ Permanent Representative to the European Union, Ali Hussein Didi, was reported to have said that the situation in the country did not give the CMAG a clear mandate to place the Maldives on its agenda, as per the 2011 Perth summit. Yet, Maldives “will continue to extend “maximum level of cooperation”, Maldivian media reports quoted him as telling a monthly meeting of the EU on South Asia.

Ambassador Didi also criticised the CMAG for not responding to requests for assistance to the ‘coup inquiry’, and reiterated the Government’s current position that presidential polls would be conducted by July 2013, at the earliest, as per the constitutional provision. This, even as Ibrahim Didi, the MDP president, reportedly contested the former’s claims about his purported interpretation of the events of February 6-7, media reports said, while the party also contested the presentation before the EU that President Nasheed’s resignation owed to a ‘popular uprising’. On other issues, flowing from power-transfer, MDP’s Didi seemed to be at logger-heads with the Nasheed camp, nonetheless.

Roadmap talks, or internationalisation further?

In the normal course, the confirmation of the Vice-President should have introduced a greater element of continuity and consequent political stability. Yet, the Commonwealth ultimatum, which runs out in another two weeks, has re-written and re-focused the script, indicating that at least a section of the international community does not want a status quo mind-set in Male to forget past commitments on a credible probe and early presidential polls. The nation’s polity since seems to have become aware of the drift and the impending consequences, which none of them may be in a position to control, after a point.

Pressured from different sides, the government parties and the MDP have since met across the table, to revive the all-party roadmap talks. Participants said they had authorised convenor Ahmed Mujthaba alone to talk to the media, but also indicated that the talks were productive in seeking to prioritise the agreed agenda, worked out at the instance of visiting Indian Foreign Secretary Ranjan Mathai. They are meeting again on May 5, and progress on the poll-date is also expected in time.

An international civil servant under the UN before returning home to enter pro-democracy politics, President Waheed seems aware of the limitations of domestic protests and protestations, and the compulsions caused by the international community. Committing to inject credibility into the power-transfer probe, the Government reportedly sought international expertise from both the Commonwealth and the UN, expecting possibly the former to respond favourably earlier than the latter. At the time, the government also said that it had asked nations like Malaysia and India to suggest a team of experts for the purpose.

At present, Belgian mediation expert Pierre-Yves Monette is in Maldives, at the instance of the UNDP and on the request of All-Party convenor Mujthaba. Local media reports indicated that he had worked with the Maldivian stake-holders and brought them back to the Roadmap talks. The MDP in particular reportedly had reservations to Monette’s presence at the earlier round of talks, but not anymore. Yet, his engagement is confined to the Roadmap talks, and not the ‘coup probe’. The CMAG’s purported conditions now for sending in a list of experts for the Maldivian government/probe commission to choose from, seem to have thrown up a situation where the request for the UN to help out in the matter, if honoured, could have deeper consequences than Maldives can stomach, some sections in the country seem to feel.

In this regard, recent examples involving neighbouring Sri Lanka and other member-nations are cited as example of excessive and extraneous UN intervention. For India, it means that any reference of the Maldivian case to the UN Security Council could imply that the incumbent government in Male would have more immediate use for China. New Delhi could not complain. Conversely, as the Sri Lankan and Syrian precedents have shown in recent months, by taking the Maldivian case away from the Security Council and to other UN portals such as UNHRC, where veto-power does not apply, the ‘pro-democracy’ West can have a decisive say, but the stake-holders in Maldives, independent of their present predicament, may have none.

The Maldivian stake-holders seem to understand it, too – for, any UN engagement of any kind in recent times has signalled not an early end to what essentially is a domestic problem, often of egos and perceptions, at times in the garb of principles and policies, if at all. For the Government, the internationalisation of the question of early elections (and, not the ‘power-transfer’ issue, where alone UN expertise has been sought) could lead to a global discourse, where extraneous global concerns like religious radicalism and strategic location of Maldives could dictate the mind-set and dominate the proceedings. Issues such as parliamentary confirmation for the Vice-President and the Cabinet, the arguments favouring the power-transfer probe team and elections only when they are scheduled would then be of little consequence.

For the MDP, not only could early elections become worse than a distant possibility but also the party’s nationalist credentials and its democratic sheet-anchor could come under question. If nothing else, sympathy that the party and President Nasheed claims to have retaken following the power-transfer after it was believed to have lost it to the Nasheed Government’s economic policies and political approach to the Opposition of the day may become suspect all over again. Not just MDP, but even the very concept of ‘democracy’ may then be in question in the country, which ushered in the processes and also peaceful power-transfer through multi-party elections as far back as 2008, and long before the ‘Arab Spring’, among others.

The writer is a Senior Fellow at Observer Research Foundation

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

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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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