US ready to ‘deepen partnership’ with Maldives, seeks progress on democracy

The US Assistant Secretary of State Nisha Biswal has said that the US is ready to strengthen relations with the Maldives but seeks more progress on democracy and human rights in the Maldives.

Following a call with Foreign Minister Dunya Maumoon to offer Ramazan greetings, Biswal tweeted that she had reiterated concerns regarding the “erosion of democratic institutions” and of “fundamental freedoms.”

Diplomatic pressure has been increasing on the Maldives over the jailing of opposition politicians, including ex-president Mohamed Nasheed and crackdown on opposition protests.

During a visit to the Maldives last year, Biswal said judicial independence and politically motivated threats remain an issue in the Maldives, despite the young democracy’s accomplishments.

The assistant secretary of state’s most recent comments come two weeks after the Supreme Court passed a ruling against the Human Rights Commission of the Maldives (HRCM), barring it from communicating independently with foreign organizations.

The court’s ruling on June 16 found a human rights assessment submitted by the watchdog to the UN unlawful, and imposed an 11-point guideline prescribing how the HRCM should operate within the law.

The US has taken an unprecedented interest in recent events in the Maldives.

Earlier this month, US Senators John McCain and Jack Reed urged their government to press for the release of all political prisoners in the Maldives, including Nasheed.

The two Senators, who head the Senate Armed Forces Committee, warned that the Maldives’ decisions are “having serious adverse consequences on its relationships abroad.”

The US Secretary of State John Kerry in May said that democracy is under threat in the Maldives.

“We’ve seen even now how regrettably there are troubling signs that democracy is under threat in the Maldives where the former president Nasheed has been imprisoned without due process,” Kerry told the Sri Lankan press.

“This is an injustice that needs to be addressed soon.”

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Comment: Get up, stand up

This article first appeared on DhivehiSitee.com. Republished with permission

It is an extremely tense day in the Maldives as tens of thousands of people wait on tenterhooks for what seems to be the inevitable: the imprisonment of opposition leader, former president and icon of democracy, Mohamed Nasheed.

The outcome of the ‘trial’ which Nasheed has been subjected to is certain, the verdict written long before he was charged with ‘terrorism’ and remanded in custody on the island of Dhoonidhoo on 22 February.

Everything that followed since that Sunday, over two weeks ago now, has been a sham and a travesty against justice. The barbarity was put on full display to the world, when Nasheed was brought to ‘court’ for the first hearing. Policemen, belonging to the notorious Special Operations, pushed and shoved Nasheed to the ground.

Pictures and videos of the event shocked the country, and the world.

The current rulers, led by Yameen Abdul Gayoom, shrugged off the outcry with nonchalance. Locally, the police claimed Nasheed had pulled a stunt, fallen to the ground voluntarily like a footballer faking an injury looking for to be rewarded with a penalty. It did not matter that video and pictorial evidence told a different story.

Internationally, foreign minister Dunya Maumoon was recalcitrant, insisting that Nasheed’s trial is a ‘domestic issue’ that no foreigners have a say in. The government remained impervious to all outside criticism. Even the cancellation of a planned trip by India’s Prime Minister Narendra Modi, a diplomatic slap of substantial magnitude, did not make any impact on its determination to pursue with their chosen path of leading Nasheed to jail. In fact, as time passed, the government grew more belligerent.

Yameen Abdul Gayoom said on March 9 that people in distant foreign lands should butt out of Maldivian affairs. Brushed aside were the many international treaties which the Maldives is signatory to, which gives the international community the right to particular actions during certain circumstances — such as in times of the destruction of rule of law.

‘Trial’

And what a destruction it has been. Every hearing in the court, itself unconstitutional, has dealt a deathblow to the concept of rule of law. The Prosecutor General’s appointment now appears to have been engineered for the very purpose of this prosecution, as are the panel of three ‘judges’. None of them have adequate legal qualifications, and all of them are in each other’s pockets. All of them have close ties to the man at the centre of these ‘terrorism’ charges—Ablow Ghaazee, himself accused of misconduct and corruption—who Nasheed allegedly ‘kidnapped’.

The three man bench has obstructed justice at every opportunity, refusing to give Nasheed’s lawyers enough time to study evidence; giving them evidence on CDs that do not open or have been damaged; refusing Nasheed the opportunity to appoint new lawyers when the current ones objected to their unlawful treatment; and incredibly, refusing to allow Nasheed to present witnesses with the judgement that no witness can disprove the prosecution case.

Every hearing has been held after sundown, and Nasheed brought to court in darkened vehicles under heavy police escort. The lengths to which prosecutors have gone to separate Nasheed and his supporters, and to prevent media from taking pictures of him, have been ludicrous at times.

On 8 March, about an hour before Nasheed was brought to court, the powers that be spread a blue banner across the entrance to the building, placed strategically to cover the camera angle from which Raajje TV usually shoots Nasheed’s court arrival. The banner read ‘Welcome, International Women’s Day.’ A blatant mockery not of justice alone, but also of women.

There has been much anguish among Nasheed’s supporters. On February 27 tens of thousand came out to protest against the court’s decision to remand Nasheed in custody throughout the trial. It was the biggest political gathering the capital island of Male’ had ever seen. People flooded the main street of Majeedhee Magu almost covering it from end to end.

Since then there have been protests every night and every day in various different locations across the country. But the government is refusing to listen to them no matter how many there are; it seeks to shut them down instead.

Every protest is manned by hundreds of Special Operations police, sometimes with reinforcements from the army. Almost every other protest ends in brutality and/or arrests. Scores have been arrested, taken to prison, then released with the unconstitutional condition that they don’t protest for periods of time as set by the court-–sometimes days, sometimes months.

Leaders of the MDP are handpicked for the arrests, making sure that less and less of them will be able to join protests against Nasheed’s arrest. One person—MP Fayyaz Ismail—refused to sign the court’s unlawful protest ban. He was given an extra 15 days in custody. There is no legal basis for such an order.

An increasing number of locations are being declared ‘no-protest zones’ for various reasons: for residents’ peace; for local business interests; for law and order, etc. etc. Freedom of assembly is being rolled back swiftly, and without hesitation. Other associated freedoms are under similar attack. Journalists are being barred from covering the trial without legal reason. Reporters are being banned from videoing places they are legally allowed to. Police are forcing them to delete footage already recorded without legal authority to do so. The state broadcaster is continuing to ignore the biggest ‘trial’ in the country’s recent history, completely ignoring its duty to keep citizens informed.

Thumbs down

Meanwhile, Yameen and members of his ruling cabal are relishing the distress and helplessness of supporters of democracy and Nasheed. Decorum and statesmanship are nowhere to be seen. When MDP MPs protested against Yameen’s inaugural speech in parliament, he gave into his indignation, getting up and waving his thumbs up and down, then up again, like a crazed Caligula in Roman times.

Yameen’s trusted sidekick, Tourism Minister Ahmed Adeeb, who has shrugged off corruption charges amounting to millions of US dollars and engineered the unconstitutional removal of the auditor general who dared bring up the charges, led a motorbike procession on the streets of Malé this weekend, calling to expedite Nasheed’s conviction.

Among the rats led by this pied piper on a bike with a Rolex watch on his wrist and a sapphire ring on his finger, was the current defence minister, ex-military General Moosa Jaleel. Jaleel in his eagerness to belong to Yameen’s cabal, and thus enjoy automatic immunity, forgot that he is himself on trial for the same charges he was calling Nasheed to be convicted for.

To further increase the public disgust level [or degree of impressiveness, if the onlooker is a supporter of Bro Adeeb], Adeeb has led a ‘movement’ that mimics Yameen’s thumbs-down gestures as if it is something to be celebrated and not shamed by. He has posed with his thumbs down with cabinet ministers and parliament members—as well as with his usual string of young, disaffected men on the fringes, and in the heart of, Maldives’ violent gang culture. Everyone in the Motorcade of The Shamelessness wore t-shirts emblazoned with a thumbs-down signal.

This hatred of Nasheed as a person cultivated with relish by Yameen and Adeeb has been embraced by thousands of their supporters. It has blinded them to the fact that what is being destroyed in this sham is not just Nasheed’s personal freedoms but also every single Maldivian’s many civil and political rights and their right to equal justice for all.

The fundamental problem with the Maldives’ transition to democracy was that it was unable, and oftentimes unwilling, to reform the judiciary. Few had the foresight to see where the democratic transition would end without an independent judiciary based on the principles of rule of law. Now, even on hindsight – with the results on full display – many are still too blinded by personal vendettas, grudges and hate to see that this ‘trial’ of Nasheed is the last nail in the coffin for a democratic future for the Maldives.

Years of anti-Nasheed propaganda have closed people’s eyes to the fact that whatever wrong he may have done, if they want themselves to be treated fairly and equally and live in a just society, they must protest against the injustice he is being subjected to.

Today it is the moral obligation for every Maldivian to stand up against injustice. The subject of concern is not a particular individual, be it Nasheed, Nazim, the common man jailed for six years for stealing a jar of fish-paste; or the murderer who is allowed to walk free because he is in the inner cabal. It is justice itself.

Last time the people should have stood up en masse for justice and did not, the Maldives was robbed of a free and fair election. The result is in office, orchestrating injustice, via the courts that engineered his election. This time if the people fail to stand up, it will shut all doors to another election in the foreseeable future; along with the doors to equal justice for all, quite likely for generations to come.

Dr Azra Naseem has a PhD in International Relations

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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Fear, intimidation aimed at stalling development, says Nasheed

Former President Mohamed Nasheed has expressed concern over a regression in democratic gains, and claimed government’s attempts at intimidation and fear is intended to stall development.

Speaking at an August 12 commemoration of the tenth anniversary of Maldives’ first mass pro-democracy protests, Nasheed said August 12, 13 of 2004 was a “day Maldivians stood up against torture and called for what is rightfully theirs.”

“On that day, Maldivians gathered to realise their hopes. That day, Maldivians called for what they continue to call for today. Housing, education, healthcare, income generation, a dignified life,” he said.

In what would later be referred to as ‘Black Friday’, security forces teargassed and brutalised protestors and cut off all mediums of communication including messaging services and internet. President Maumoon Abdul Gayoom announced a state of emergency and suspended the constitution. Hundreds of protesters were detained for months.

The Maldives is once again seeing a return to its authoritarian past with the recent increase in death threats against opposition politicians, Nasheed said.

“Inciting fear is aimed at stalling development,” he said, alleging the death threats was a government attempt to stop the opposition from criticising and uncovering the truth behind its “cloud castle” policies.

“Torture in jails, killing Evan Naseem, or putting me in stocks is not aimed at torturing Galholhu Kenereege Mohamed Nasheed, or killing Evan Naseem, but to incite fear among the public. To let it be known criticising the powers that be is dangerous,” he said.

Criticising the dissolution of the ruling progressive coalition and President Abdulla Yameen’s flagship special economic zone (SEZ) bill, Nasheed said Yameen’s Progressive Party of the Maldives (PPM) had backtracked on campaign pledges after assuming power.

The PPM at the time had portrayed Maldives as a holy land, pledged to end foreign interference and uphold sovereignty. But the SEZs, Nasheed suggested, will allow foreign companies to plunder Maldivian resources without any oversight.

“In the special economic zones, there will be no duty, no immigration, no customs, no Maldivian laws,” he said.

Nasheed’s Maldivian Democratic Party in a statement on Tuesday also said: “on the tenth anniversary of August 12, 13, we note, with great concern, we have slid back to the conditions of pre-2008.”

It listed Nasheed’s controversial ouster in 2012, police brutality of February 7 and 8 in 2012, the Supreme Court and police interference in the 2013 presidential polls, increased incidences of arbitrary arrest, government’s violations of freedom of expression and association, filing trumped up charges and murder attempts against opposition supporters and threats to freedom of the press as signs of regression.

Nasheed in his speech also criticised attempts at limiting the powers of councils, and what he claimed was the return of former President Maumoon Abdul Gayoom’s narrative that the Maldives is a resource poor nation.

The mantra allows the government to slow down development, at the pace of one harbour a year and harbors for the 196 inhabited islands in 196 years, he said.

The MDP has exposed the narrative as a falsehood as it increased government revenue, without a dramatic increase in national gross domestic product, by establishing a modern tax system, Nasheed said

He went on to claim the protesters gathered at the Republic Square in August 2004 could have overthrown Gayoom and replaced him with Gayoom’s brother in law Ilyas Ibrahim.

Ibrahim contested against Gayoom in 1993 for the People’s Majlis vote for the presidential candidacy, but narrowly failed and was subsequently jailed and banished for a number of years.

Nasheed also claimed senior military officers had told him Gayoom could be ousted in 2007 through a military coup d’état, but the MDP resisted.

“We do not want to overthrow the government through a coup. We want a system that facilitates development,” he said.

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Comment: Build a party, beware of judges, never give up

First published in Foreign Policy. Republished with permission.

With the swearing-in of President Abdel Fattah al-Sisi in early June, Egypt has turned full circle. This is just the latest version of a familiar and depressing tale.

After all the hope, optimism, and national pride that followed the revolution and the successful overthrow of Hosni Mubarak’s bloody 30-year rule, Egyptians are back to square one: Another military strongman has won another contested election, while his political opponents are either in hiding, in jail, or in their graves.

Events in Egypt are similar to those in my own country, the Maldives. We, too, suffered at the hands of a dictator for three decades. We, too, had our own peaceful revolution that swept away the old regime and ushered in new democracy. In 2012, that democracy was snatched away from us by a coup d’état. Since then, we have seen our freedoms and our electoral process undermined.

The experiences of the Maldives and the Arab Spring countries highlight the difficulty of embedding democracy in Muslim nations that have long been governed by authoritarian regimes. Overthrowing the dictator is hard enough, but for democrats, securing the long-term gains of the revolution is proving more challenging.

Just because you’ve pulled out the weeds doesn’t mean that flowers will grow. Like a garden, democracy must be planted and nurtured – or the weeds will grow back stronger than ever.

From my own experience – as, in turn, a democracy activist, the Maldives’ first democratically elected president, and the victim of a coup – one of the most important things democrats must do early on is to build a political party around a unified cause; this is a task at which the Egyptian liberals fell short.

Democracy needs infrastructure in place to implement it. Political parties are the most important institution in a new democracy; they are the necessary nuts and bolts, the means for delivering democracy. Once established, they force their members to learn the new tools of contesting democratic power: grassroots mobilization, policy formulation, election campaigning, media relations, and so on.

This process embeds democratic principles among large sections of the population, which in turn creates extra pressure for more democratic reform.

When Maldivians decided they’d had enough of their dictatorship, a number of activists, including myself, slipped out of the country and formed the Maldivian Democratic Party (MDP). In those days, back in 2004, political parties were banned in the Maldives, so operating in exile was our only option.

We could have focused all our energy on fomenting street protests, but we recognized that there was no point overthrowing the regime if we weren’t in a position to win an election or govern properly. When the Maldivian dictator, Maumoon Abdul Gayoom, begrudgingly allowed competitive elections in 2008, the MDP was an established political party. We won the presidential election with 54 percent of the vote.

In contrast, Egyptian liberals focused their attention on bringing down Mubarak. They were successful, and we all held our breath at the prospect of a free and democratic Egypt. But once Mubarak fell, the liberals found that they didn’t have a strong, unified political party that could successfully compete in the ensuing elections. The Muslim Brotherhood, which had run an underground political machine for decades, swooped in and clinched victory. So the most important lesson for aspiring democrats, before anything else, is this: Focus on building your political party.

The creation of successful political parties, though, is rarely enough to properly embed democracy. This brings me to my second lesson: Beware of judges. In the Maldives, like Egypt, the former dictator appointed all of the sitting judges. These judges, loyal to the old guard, hell-bent on maintaining their power, and steeped in anti-democratic ideology, actively undermined the new democracy.

Judges blocked revenue-raising measures, protected members of the former regime from corruption probes, and granted themselves ever more power. In the Maldives, a new constitution passed in 2008, granting judges independence, as part of the separation of powers.

But like giving Dracula the keys to the blood bank, this decision gave unfettered power to a judiciary that is rotten to the core. This problem still haunts the Maldives. In last year’s presidential elections, for instance, the Supreme Court constantly meddled in the vote to favor old-guard candidates, annulling and postponing votes, intimidating the Elections Commission, and making up the law as they went along. Ahead of parliamentary elections earlier this year, the court was at it again, sacking the Elections Commission chief and threatening his staff.

Confronting a corrupt, but independent, judiciary is particularly challenging for new rulers. The international community is largely clueless about how to deal with the problem. In the Maldives, for instance, the one organization that should have helped, the United Nations, instead considered judicial independence to be sacrosanct — a misguided approach that treated poorly educated, corrupt, and often criminal judges as if they were U.S. Supreme Court justices.

Kenya may provide a better example of the sort of radical judicial reform needed in post-revolution or, in its case, post-conflict societies. In Kenya, the new government, with international support, overhauled its judiciary and established an independent “Vetting of Judges and Magistrates Board.” Unqualified, incompetent, or corrupt judges were removed from office. Whatever the method, the international community needs a new approach for dealing with inherited judiciaries in fledgling democracies.

This brings me to my third and final lesson: Never give up. Democratic movements need patience, optimism, and determination. People often ask me how I remain optimistic about the future of my island country, with respect to both its democratic trajectory and its survival in the face of rising sea levels (the Maldives is one of the world’s lowest-lying nations).

But when you choose to be a democracy activist in an authoritarian regime, or indeed a proponent of firm action to combat climate change, you have little choice but to remain optimistic. The alternative is too bleak.

This applies to everyone, from Egyptian liberals, to Maldivian human rights defenders, to pro-democracy activists in countries like Burma and Libya: Never give up — and never assume that your cause is lost. Even when you face disappointment, there are usually unexplored avenues through which you can continue the struggle. In September 2013, after my party won the first round of presidential elections, the Maldives Supreme Court annulled the vote and got the Elections Commission to re-run the elections as many times as it took for our party to lose.* (The photo above shows Mohamed Nasheed at a protest to demand a run-off vote in Male.) After all this, some Maldivians told me that they felt despair over the future of their country. I responded: “Don’t presume that this is the end of the book. We’re only in the middle of the story. Don’t be so hasty as to predict how the story will end.”

Ranil Wickremesinghe, the former prime minister of Sri Lanka, once told me: “When the music stops, you must sit [down].” This may be true for political leaders, but not for democracy activists. Authoritarian regimes are more fragile than they appear. With a little push, they often collapse under the weight of their own contradictions. So be tenacious, strategic, and, above all, patient.

The peaceful and legitimate transfer of power is the defining characteristic of functioning democracy; it is how society grows and develops, and it is the overarching goal of any pro-democracy activist. During President Obama’s second inauguration I heard a speech that, coming less than a year after the Maldives’ coup, sent a chill down my spine. Senator Lamar Alexander summed up everything democracy activists should strive for: the regular transfer of power, through peaceful and legitimate means. He said: “There is no mob, no coup, no insurrection. This is a moment when millions stop and watch.” For democracy activists around the world, huddled in their cafés or counting down the days in their prison cell, it is this moment that makes it all worthwhile.

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Maldives must empower Anti-Corruption Commission, says Transparency International

The Maldives must empower anti-corruption agencies to investigate and prosecute cases in order to fight corruption, says Transparency International.

“Maldives and Sri Lanka must ensure that their anti-corruption agencies are granted ‘suo motto’ powers to instigate both corruption investigations and prosecutions on their own initiative without prior government approval,” suggested the Fighting Corruption in South Asia (FCSA) report released today.

At present, the Maldives Anti Corruption Commission (ACC) can only initiate investigations, but not prosecutions. Instead, it has to forward cases to the Prosecutor General for any further action to be taken.

Analysing 70 institutions across 6 countries, the anti-corruption NGO concluded that a “serious lack of political will on the part of governments to make laws work” was hampering the regional fight against corruption.

The report also called on the government to enforce the Right to Information Law and ensure protection of whistleblowers.

Independence and Accountability

Although the report advocated greater independence for oversight bodies, it highlighted the need to balance independence with accountability.

Too much of either can lead to abuse of power, the report noted, arguing limited judicial accountability has resulted in the Maldives Supreme Court exerting excessive use of power over other branches of government.

One example that the FCSA uses to demonstrate their findings is the Maldives Supreme Court’s much-criticised decision to convict the president of the Elections Commission Fuwad Thowfeek for contempt of court earlier this year. The apex court acted as prosecutor, judge and jury during the trial.

The Maldivian Anti Corruption Commission itself has raised concerns over a Supreme Court rulings, in which the apex court ruled the body does not have the authority to prevent the state from entering into questionable contracts.

ACC President Hassan Luthfee has said a ruling on a legal battle involving Department of Immigration, the Anti-Corruption Commission (ACC), and Malaysian IT firm Nexbis in 2012 had rendered the organisation powerless.

“If this institution is simply an investigative body, then there is no purpose for our presence,” he said.

“Even the police investigate cases, don’t they? So it is more cost effective for this state to have only the police to investigate cases instead of the ACC,” Luthfee said.

Referring the court’s, Luthfee said the ACC had no power to prevent corruption, arguing that anti-corruption bodies in other countries had powers of investigation, prevention, and awareness raising.

“If an institution responsible for fighting corruption does not have these powers then it is useless,” he said.

Right to Information

Another key finding highlighted in the FCSA report was what it regarded as the weak implementation of the Freedom of Information act, ratified earlier this year.

“In Maldives, although the new law has only just been passed, there are concerns about the level of citizens’ awareness of their rights, an issue which will need to be addressed as a matter of urgency,” the report states.

Under the act, an appointed commissioner has the power enforce a fine on information officers who deliberately refuse access to information. The President’s Office has today called for applications for the post which must be filled by mid July according to the new law.

The FCSA report categorises both the Maldives’ capacity to implement the law, and citizens’ awareness of the law as “weak”.

Additionally, the report highlighted the safety and protection of whistleblowers as a being major barrier to anti-corruption activities in the Maldives.

Noting the Right to Information Act provides protection to whistleblowers, the FCSA report called for more comprehensive whistleblower legislation with a broader scope covering both the public and private sectors.

Aiman Rasheed, Advocacy and Communications Manager at local Transparency branch Transparency Maldives said one the key findings of the report was the reversal of judicial reform after the February 2012 transfer of power.

“We had a new government set up. It was a positive environment. That has been reversed,” Aiman said.

He noted a “huge gap” between current systems and practices as politicians enjoyed an atmosphere of impunity following the controversial removal of President Mohamed Nasheed.

He went on to note that public engagement in holding officials accountable have been hindered by the lack of public debate in the local media.

“We have published a lot of reports on the public opinions of corruption, but we don’t see these being discussed in the media,” Aiman said.

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Democracy survey reveals crisis of confidence in democratic institutions

The Maldives’ first survey on public attitudes towards democracy reveals a deep crisis of public confidence in key democratic institutions, local advocacy group Transparency Maldives has said.

Of a 1000 randomly selected individuals, 62 percent said they have no confidence in parliament, while 58 percent said they have no confidence in political parties. Respondents who reported no confidence in the local government and courts stand at 50 percent and 46 percent respectively

The ‘Democracy at Crossroads’ survey also revealed extraordinarily high levels of cynicism, with 92 percent stating they believe politicians lie to get elected and 86 percent saying the government does not care about ordinary people.

Cynicism has “corrosive effects on democratic life,” the report said, claiming it drives citizens away from active participation in the public sphere which in turn increases impunity and corruption.

Transparency Maldives’ Advocacy and Communications Manager Aiman Rasheed called on the state to take “extraordinary measures” to regain the trust of the public. Citizens too must step up efforts to hold public officials accountable, he said.

Despite bleak findings, the survey shows citizens are interested in politics and are relatively knowledgeable about politics and active in the life of their communities.

Crisis of confidence

Maldivians gave political leaders a low score with none rating better than average. Former President Mohamed Nasheed received the highest rating at 48 percent while incumbent President Abdulla Yameen received the worst at 26 percent.

Maldives’ 30-year autocratic ruler Maumoon Abdul Gayoom received an average rating of 42 percent while Jumhooree Party leader Gasim Ibrahim received a rating of 41 percent.

The survey also found Maldivians had more confidence in the state’s authoritative institutions than its representative institutions.

Respondents were significantly more likely to report they had more confidence in the army (34 percent) and the police (32 percent) than in political parties (8 percent) or parliament (11 percent).

The report, however, noted “striking” divisions on opinions regarding the security forces.

Although one third of respondents said they have “a great deal of confidence” in the army and police, the same proportions report they have “no confidence at all” in the army (29%) and the police (32%).

Maldivians are troubled by the status quo, the survey found, with 50 percent saying they are dissatisfied with the way democracy works. Meanwhile, 1 in 5 said they were “not at all satisfied” with democracy in the country.

Further, a staggering 84 percent said power is concentrated in the hands of too few people.

The Maldivian public is more likely to have negative associations with the idea of democracy than in other transitional democracies. A majority of respondents linked democracy with instability, poor economy and lack of order.

Meanwhile, 77 percent identified politic issues – which includes conflict, corruption, and the party system – to be the most important problem facing the country. In contrast, only 10 percent said crime was the biggest problem and 8 percent rated the economy and unemployment as the biggest challenge.

However, 90 percent believed dialogue is the way to solve the country’s problems. But 1 in 3 people did believe that violence is sometimes a necessary response to social injustice.

The survey also found that Maldivians scored significantly higher than other populations in their support for the value of individual responsibility at 73 percent. Support for gender equality was much lower at 38 percent, with women more likely to reject gender equality.

Generational differences

The survey results indicated a significant generational gap in attitudes towards democracy, with younger people systematically less likely to be satisfied with democracy than older people. 55 percent of those in the 18-25 age group said they were either dissatisfied or very dissatisfied.

Moreover, a majority of those less than 35 years of age said they have no confidence in representative institutions. Those over 46 years of age are twice as likely as their younger counterparts to say they have high levels of confidence in these institutions.

The young are markedly more cynical, but are more democratic in their outlook. They are more likely to disagree with idea that economies work poorly, less likely to think democracies are unstable and that “there is too much argument” in democracies.

Support for gender equality is significantly higher among the young.

Read the full report here.

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Umar calls on coalition to downsize democracy using “super majority”

Minister of Home Affairs Umar Naseer has said the democracy imported from the west with the 2008 constitution is too big for the Maldives and and needs to be fitted to the country’s laws and the constitution.

Speaking at an event held at Thajuddin School last night to celebrate the Jumhooree Party’s (JP) parliamentary election success, Umar called on all MPs-elect from ruling coalition to assist in bringing this change using the parliamentary “super majority”.

“The result of having huge democracy coat is, you step on it when you are walking. And it’s sleeves are too long. So we need to re-size and fit this coat,” he said.

“Those who got elected [to the parliament] from Jumhooree Party, PPM [Progressive Party of Maldives] and MDA [Maldives Development Alliance], I request [you] to resize this coat so it would fit better. Some minor adjustments to laws are required to achieve that.”

Umar said the laws and regulations have “surrounded and tied up” the judicial system and that this makes it difficult for the state to move.

He also said that sloppy and slow-moving laws have become an obstacle in controlling the drug abuse issue and in penalising people arrested for drug-related and other crimes. He described the legal difficulties as being “stuck legal traffic”.

Umar noted that the “super majority” in the parliament is a golden opportunity for the ruling coalition to develop the country.

After a number of post-election defections, the Progressive Coalition has swelled to 57 members of the expanded 85 member Majlis, with 37 Progressive Party of Maldives members, five from the Maldives Development Alliance and 15 from the JP.

Speaking after the Home Minister yesterday evening , JP leader Gasim Ibrahim – who chaired the People’s Special Majlis which drafted the constitution – said the coat of democracy is perfectly fit for Maldives and the constitution does not require any amendments.

He said what is needed is for the person implementing the law to know how to do it.

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Comment: Putting democracy on a firm footing

First, it was the symbolic cut in salaries for junior ministers. Then it was the move to replace monthly salaries for local council members across the country with sitting-fees – pending parliamentary approval. The more recent one is the shutting down of the Maldivian Embassy in Dhaka as part of the substantial 40 percent slash in the Foreign Ministry’s budget.

President Abdulla Yameen has proved that he means business when it comes to economising on government expenditure. As a former Finance Minister, he made no bones about pledging to cut down on government-spending in a big way during the closely-fought presidential elections last year. None can thus complain that they were not forewarned.

Whether the nation is on the right economic path will take time to evaluate. For now, for a variety of reasons, including government initiatives of every kind, the US dollar – the nation’s fiscal life-line – has become relatively cheaper. This could encourage the Yameen leadership to attempt more important and equally genuine reform measures on the economic front.

Before the Yameen leadership, the short-lived Maldivian Democratic Party (MDP) government had taken bold moves to initiate across-the-board ‘economic reforms’, as had never before been attempted. Going by successive voter-behaviour since, the huge slash in government employee strength and salaries was not as unpopular as had been thought.

Despite programme-based differences, the MDP and President Yameen’s Progressive Party of Maldives (PPM) have shared an overall common approach to economic reforms. When conceding the election last year, Nasheed promised his cooperation to President Yameen for all policies and programmes that are in the greater interest of the nation.

The MDP has not since criticised, nor even commented upon, the fiscal measures of the new government. It is thus for President Yameen to take the MDP on Nasheed’s word and to initiate a ‘policy consensus’ to the nation’s problems – starting with those on the economic front. He too has begun well by reiterating that his government’s programmes would be meant for all Maldivians without party-bias.

Re-visiting democratisation

If the economy is one area where there seems to be an overall consensus of some kind, political populism still seems to be having an occasional say. The fragile economy is unable to withstand the pressures that are alien to larger and stronger economies for which the IMF model had been built, for Third World nations to follow without adapting to local demands.

Worse still may be the case of the democratisation process in the country, which was a straight import of a template, text-book model. None at the time considered the wisdom of such mindless aping of the West because that was what was better known. That was also the only scheme acceptable to those demanding multi-party democracy of the western model, wholesale.

Maldives and Maldivians had the option of choosing between two broad western models, namely the presidential scheme and the Westminster parliamentary form of government. The nation chose the former, but with institutions and priorities that were originally adapted with the parliamentary model in mind. This has produced a jinxed system, which has to be exorcised of some misunderstood and at times misinterpreted elements from the immediate democratic past if democracy has to take roots.

While the current Maldivian system provides for dynamism, it’s only a part, a tool. Democracy is more than the sum of its parts. For them to juxtapose well, they need to be crafted in ways they were intended to serve the greater cause of democracy and nation – and not necessarily in that order. Rather, that order, the nation itself has to prioritise, and in ways that they all dovetail well into one single piece called ‘democratic experience’, as different from democratic-importation.

Having lived an isolated life owing to geography and topography, not only Maldives as a nation but also Maldivians as islands, that too under a one-man system, either as a Sultanate or as a relative democracy in the twentieth century, the nation and the people need to give themselves time to assimilate democratic values from elsewhere and tone them ways that becomes acceptable and adaptable under Maldivian circumstances.

That way, the upcoming five years are crucial to Maldives as a nation in terms of democratic experience than maybe even the first five – which was full of experiences, mostly of the wrong and/or misunderstood kind. The nation needs to re-open itself to democratic discourse and debate without such dissertations and dissections getting in the way of normal life and livelihood of the people, and politics and public administration by the Government, political parties and leaderships.

The Maldives has to open a new page in democracy, and the initiative for the same rests mainly – though not solely – with President Yameen and his ruling coalition. He cannot keep the rest out of it for reasons already explained. They cannot escape ‘accountability’ either, as the less-emotional parliamentary polls and their results have shown, since.

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Corruption, religious freedom, and judiciary biggest human rights problems in Maldives, say US report

The US State Department has described “charges of Supreme Court interference to subvert the presidential elections process,” as among the most significant human rights problems in the Maldives in its 2013 human rights report.

Also highlighted in the report were restrictions on religious freedom, and “corruption of officials in all branches of government”.

No instances of imprisonment on political grounds, unlawful deprivation of life, or disappearance were recorded, while progress was noted with regards to the passage of the anti-torture and right to information bills.

The report accused much of the judiciary of being unqualified and corrupt, and noted that its rulings during last year’s presidential elections had the effect of restricting the independence of the Elections Commission (EC).

The judiciary was described as “not independent and impartial and was subject to influence and corruption”.

It said that a number of judges were “known to base their rulings on cash rewards, and there were reports that lawyers occasionally built the cost of bribes into their fees” while the public generally distrusted the judiciary.

The report estimated that one in four judges have a criminal record, and that two carried convictions for sexual assault.

It was suggested that the outcomes of cases appear to be predetermined, such as the repeated intervention of Supreme Court in the presidential elections where the court directly accepted cases without allowing lower courts to hear them first.

The October annulment ruling and the 16-point guide to conducting elections was reported to have given both the court and political parties veto power over the EC, “curbing its independence and its ability to execute its mandate”.

The report also mentioned the alleged sex tapes of Judge Ali Hameed and his continued presence on the bench.

“Many judges, appointed for life, held only a certificate in sharia, not a law degree. Most magistrate judges could not interpret common law or sharia because they lacked adequate English or Arabic language skills,” read the report.

Police

The report noted that security officials employed practices that fell under what it regarded as ‘torture and other cruel, inhuman, or degrading treatment or punishment’.

While proper arrest procedures were found to be in place, the report noted that police did not fully implement them, particularly in dealing with protests. It was also noted that courts sometimes freed detainees “on the condition that they not participate in protests or political gatherings for a specified number of days”.

In regard to the cancelled October 19 presidential election, it was reported that “Police abdication of their responsibility prevented the elections from occurring”.

It was found that six cases of police brutality were sent to the Prosecutor General’s Office in 2013, but that five of these officers remained with the police – with one of them being promoted – and two cases later dismissed for lack of evidence.

Referring to the Police Integrity Commission (PIC), the report stated that two of three cases where police officers were alleged to have sexually harassed detainees in 2012 were also dropped for lack of evidence.

While the prisons were found to have ‘met most international standards’, it was also found that they were overcrowded.

Flogging, Rape, Domestic Violence and Sexual Harassment

The controversial case of a 15-year-old victim of sexual abuse being sentenced 100 lashes was recorded, detailing the fact that her alleged abuser received no sentence at all. The girl’s sentence was annulled by the High Court following a government appeal due to domestic and international pressure.

The penal code does not classify rape as a separate offense, the report stated, while the PG’s Office lost almost all cases of forced sexual assault due to insufficient weight was given to the testimony of the victim.

Spousal rape is not considered a crime under the law, and according to the report difficulties remain in implementing the domestic violence act due to religious beliefs.

While the Ministry of Health and Gender was said to have received just five cases of sexual harassment, the report stated that various forms of harassment were accepted as the norm in government offices. The protracted removal CSC President Mohamed Fahmy Hassan was noted in the report.

While the law stipulates sentences of up to 25 years in prison for those convicted sexual offenses against children, the report said that “if a person is legally married to a minor under sharia, however, none of the offenses specified in the legislation are considered crimes”.

In 2012, a total of 47 underage marriages were registered at the court, of which 35 involved girls and 12 involved boys.

Civil and political rights

Common to human rights reports on the Maldives, restrictions on freedom of speech and expression in order to protect Islam was noted. Media self-censorship in issues related to Islam – for fear of harassment- and in issues relating to the judiciary were detailed.

One piece of legislation criticised through out the report was the the Freedom of Peaceful Assembly Act, which was said to be restricting freedom of expression and the press along with freedom of peaceful assembly itself.

The report said this law “effectively prohibits strikes by workers in the resort sector, the country’s largest money earner”.

With regards to privacy, the report stated that standards required for court permission to monitor mails and phone conversations was very low.

Discrimination and attacks against Raajje TV, in particular the attack on Ibrahim ‘Asward’ Waheed, were mentioned. As the case of the attack against Asward continued, no arrests were made regarding the attacks against journalist Ismail Hilath Rasheed in 2011 and 2012. Hilath’s blog continues to be blocked.

The government was found to have failed to enforce applicable laws with regards to workers rights, and the report criticised established mechanisms such as the employment tribunal as “cumbersome and complicated” which violators of employment law often ignore.

“According to the Labor Relations Authority (LRA), there were four strikes. In two cases the employer refused to work with the LRA as mediator and strike participants were fired. In two others, the LRA participated by phone but strike leaders and others who persisted with the strike were terminated,” the report said.

It stated that some undocumented migrant workers were subject to forced labor in the construction and tourism sectors, while domestic workers – especially migrant female domestic workers – were sometimes trapped in forced servitude.

Without any laws on refugee or asylum status, a family of four Palestinian refugees from Syria were housed in Hulhulé island without being rehoused upon UNHCR’s request until asylum was granted for them by Sweden.

Read the full report here.

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