Tag: democracy

Comment: Stop the charade, this is no longer a democracy

Stop this nonsense, you can only push propaganda so far.

The people confronting the police on the streets of Male’ everyday are not ‘thugs’. They are people from all over Maldives, they are young they are old. They are rich, they are poor. They are pious, they are indifferent. They are liberal, they are conservative. They are educated, they are fishermen. They are students, they are teachers, husbands, wives. They all believe in one thing: their right to elect their leader as citizens of a democracy.

These are the people who are out on the streets, fighting with the police and kicking up a riot. Because their right to be governed democratically has been taken away from them.

Stop this nonsense about ‘what of the poor police’? There is a fundamental flaw in the argument that ‘they [police] are just ordinary people, too.’ Vast differences exist between a civilian and a policeman on duty. Police are trained to control their impulses, to withstand anger, to repel provocation, to use weapons. Ordinary people are not. The public pays the police not to hurt them but to protect them.

Within twenty four hours of the new regime’s assumption of power, people were being brutally beaten by the police. The force of their violence has been a constant presence since 8 February. It is a threat that hovers in the air, unspoken. Always present.

With every mass protest on the streets of Male’, the police have come down harder, their violence more ruthless. Using pepper-spray and tear-gas has become the norm. The police charge at people with all their might, and without warning shoot tear-gas canisters into the people. They have put one woman’s burugaa on fire, smashed the head open of another and choked plenty.

Stop this nonsense about using ‘minimum force’, there is nothing minimal about the force with which the police come at you. You only have to feel their batons pointed at you and hear the filth they shout at you to know the level of violent force aimed at you by these men in uniform. They come in hordes, they pepper-spray at random, often pausing to take people’s sun-glasses off before spraying them straight in the eye. They crack open skulls without hesitation.

There is wanton cruelty, gratuitous violence. And there is a feeling of ferocious rage emanating from them as they hunt people down. These are not police running after an out-of–control people, these are police charging into people with the intention of intimidating, hitting, hurting, violating. The police are seeking to break them in, make them docile and prime them to be subjects of a dictatorship.

Like in all situations of conflict, women have been heavily victimised and subjected to gender-based violence. Police have partially undressed women on the streets, revealing their flesh in ways that compromise their privacy and mock the Islamic modesty her buruga is meant to convey.

There have been reports of women’s breasts being violently molested, or specifically targeted for physical assault. Unarmed women have been handcuffed and dragged to the island of Dhoonidhoo and detained without charge. ‘Unity Government’ MPs, like Red Wave Saleem, pontificate on television equating the women protesting with ‘women working in brothels.’

Stop the nonsense about this being a democracy, it cannot be one with an authoritarian government in power.

There can be no democracy where senior officials are being purged from government because they belong to a particular political party. There cannot be a democracy where the president is publicly campaigning, using state funds, for a parliament contender that is not even a member of his own party. There is no democracy where the president uses military force to pave his path to the parliament; where the president can only travel within the country by clearing off all streets everyone except his supporters.

Most importantly, there cannot be a democracy where questions remain unanswered about how the first democratically elected government of the country came to an end.

Stop this nonsense about colour, about ‘MDP people’, about whether it is unladylike for women to shout on the streets. The choice Maldivians face today is much bigger, stark. Democracy or autocracy. If early elections are held, it may put the transition back on track back on track, but if we let this government continue in its campaign to legitimise itself until 2013, by hook or by crook, there would be no going back. It will be too late for democracy.

At the rate the new government is reversing all policies that released people from the system of patronage built over a thirty-year dictatorship, people will soon be caught yet again in the same shackles of abject dependency on the Dear Leader that kept us subservient for those three decades.

If people don’t want this to happen, we must join the struggle to ensure this robbery of our fundamental right to govern ourselves is not covered up through false legitimisation. We shouldn’t let political colour blind us to the truth: democracy is in danger in the Maldives. If we believe in it, we must fight for it.

If dictatorship is what you want, don’t do anything. If not, do something.

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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Free media too much for Maldives to digest: Maldives Media Council

Following the attacks on media property during Monday’s unrest, Maldives Media Council (MMC) President Mohamed Nazeef has expressed doubt over whether a free media can flourish in the Maldives at the present time.

“We see that although we talk of democracy and freedom of media and expression, I don’t think society is ready to digest a free media,” said Nazeef.

After protests against the reconvening of the People’s Majlis turned violent, Villa Television (VTV) bore the brunt of the angry demonstrations. Projectiles aimed at the studio included bricks – and in one instance, a bicycle – while the Maldives National Defense Force (MNDF) personnel manned the building’s entrance.

The anger of Maldivian Democratic Party (MDP) supporters towards VTV has been building since the events of February 7 when staff of the then-state broadcaster Maldives National Broadcast Corporation (MNBC) were ordered to patch through the VTV broadcast.

VTV is owned by Jumhoree Party (JP) Leader and MP Gasim Ibrahim, also a member of the Judicial Services Commission (JSC). Gasim’s chain of Villa Island resorts have been placed on a recent travel advisory of UK-based pro-democracy organisation Friends of Maldives (FOM).

“These are places linked to individuals or groups who we suspect to be involved in the subversion of democracy and in human rights abuses in the Maldives,” reads the advisory.

In a video aired on Raajje Television earlier this month, Gasim was seen celebrating inside police headquarters upon hearing of former President Mohamed Nasheed’s decision to resign.

MDP spokesman Hamid Abdul Ghafoor alleged at the time that the video proved “Gasim’s blatant complicity in the coup d’état.”

The nation watched VTV on state television before the feed was cut off and came back on, re-branded as Television Maldives (TVM), the name of the state broadcaster during Gayoom’s regime.

The MDP have since alleged that the national broadcaster is “being blatantly used as propaganda outlet of the coup regime, while the ongoing peaceful political activities of the MDP are being sidelined with little regard to the MBC’s mandate and the nation’s laws under which the MBC is functional.”

When asked if the MNDF had been stationed outside the television studios in anticipation of an attack, Colonel Abdul Raheem responded, “We didn’t get any intelligence that there would be attacks. It was not only VTV [that was guarded], we had persons around all key locations.”

The camera of a photographer from the Haveeru paper was also destroyed by protesters during Monday’s unrest, although Editor Moosa Latheef said he did not believe this instance was politically motivated.

Latheef reported no increase in aggression towards his reporters during the recent political strife.

In January, journalists working for the then state broadcaster MNBC were badly beaten during a protest outside the corporation’s headquarters. Preceding these attacks MNBC reporters received death threats, an MNBC official reported at the time.

Free Media?

MMC President Mohamed Nazeef lamented the politicisation of media outlets and the animosity that this produced from sections of the public: “It is a very sad situation.”

The MMC consists of fifteen members elected to preserve, promote and maintain the freedom of the press.

“The media is owned by political and business leaders. Do journalists have freedom to report what they like?” asked Nazeef. “It doesn’t happen.”

Nazeef blamed a lack of financial independence for a dearth of balanced content. “Media organisations are not financially viable. They are dependent on the owners.”

Government subsidies have been used before to try and tackle this issue, but Nazeef argued that this method was not without its problems: “It goes into the pockets of the owners.”

Whilst deploring the violence that was directed at VTV on Monday, Nazeef was not surprised.

“It shouldn’t happen, but you see the media provoking it. [Media] know [they] are taking sides… Media should balance their content.”

Aiman Rasheed of Transparency Maldives was of a similar opinion: “The media situation is clear – different media are aligned behind different people… [We] see conflict extended to the media.”

Transparency Maldives conducted a study last year into the performance and potential bias of six media organisations of which VTV was included (as was Minivan News). The amount of coverage devoted to its owner’s JP was noted as “significantly high” and largely positive.

Meanwhile, the Maldives dropped 21 places on Reporters Without Borders’ press freedom index between 2010 and 2011. The organisation also expressed its concern over the takeover of MNBC on February 7.

Fathimath Ibrahim Didi of the NGO Maldives Democracy Network agreed that a free media was a crucial concept but added, “What we want to stress is that, at the same time, it is very essential for the media to be responsible.”

“Most of the media stations in Maldives are owned by businessmen in who are somehow affiliated with a political party. Hence there is a very high probability for the media to be biased towards one side while reporting.”

Private station DhiTV is financed by ‘Champa’ Mohamed Moosa, a local businessman and political benefactor of the former opposition, while the recently opened Raajje TV belongs to Akram Kamaaluddin, state minister at Nasheed’s administration.

Among the most popular local news websites, newspaper Haveeru is owned by Dr Mohamed Zahir Hussain, who filled various cabinet posts under Gayoom’s administration and has now been appointed as chancellor of the Maldives National University by Dr Waheed, replacing his former party member Dr Mustafa Luthfy.

Sun Online belongs to Meedhoo MP and resort tycoon Sun Travel Ahmed Shiyam.

Minivan News was itself often been accused of MDP bias due its inception as a party news source. Following the change of power in 2008, all funding from politically-affiliated sources was removed. Since then the site has relied on income generated through banner advertising and has passed to a succession of foreign editors who have attempted to establish it as a credible and objective source of news in the Maldives.

Despite the ownership of media, Fathmath thinks reporters can play a crucial role in maintaining neutrality.

“Reporters themselves should also maintain neutrality at all times. We as citizens would like to see non-contradictory information or interpretation regarding one incident from all the media outlets of the Maldives,” Fathimath concluded.

Correction: An earlier version of this article incorrectly stated that DhiTV was owned by Hassan ‘Champa’ Afeef. DhiTV is financed by Mohamed ‘Champa’ Moosa. Minivan News regrets any confusion caused.

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Country is sailing back towards democracy, claims President Waheed

President Dr Mohamed Waheed Hassan yesterday afternoon stated that the country had changed for the better after having “deviated” from the road to democracy in the past three years.

A press release on the President’s Office website quoted the President as having told the people of Maaun’goodhoo, an island in Shaviyani Atoll, that his government aimed to respect the values of Islam and uphold the rule of law as envisioned in the country’s 2008 constitution.

The statement continued to promise that the President was “chartering a right course to sail our nation’s ship to a safe harbour.”

In a more conciliatory tone, he pleaded with all parties to work together to achieve these ideals.

The visit to Maaun’goodhoo is part of the President’s tour of North Miladhummadulu Atoll during which he will visit eight islands in total.

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Democracy imperilled in the Maldives: OpenDemocracy

The United States and much of the international community has understandably been focused on increasingly violent conflict in Syria. However, attention also needs to be given to the Muslim people of this Asian nation and their commitment to the power of nonviolent action, writes Stephen Zunes for OpenDemocracy.

Well before the launch of the Arab Spring, the people of the Maldives, a Muslim nation located on a tropical archipelago in the Indian Ocean, were engaged in widespread nonviolent resistance against the 30-year reign of the corrupt and autocratic president Maumoon Abdul Gayoom. The growing civil insurrection forced the dictator to finally allow for free elections in October 2008, which he lost.

This triumph for democracy is now threatened as a result of a coup last month led by allies of the former dictator and hardline Islamists.

When the democratic opposition leader and former political prisoner Mohamed Nasheed assumed the presidency slightly over three years ago, he was faced with the difficult task of repairing the country’s damaged social fabric from decades of misrule. While luxury resorts had mushroomed on many of the Maldives’ remote islands, most of the population suffered in poverty. Indeed, Gayoom’s legacy is one of shattered communities, destitution, crime, and widespread drug abuse.

Despite their best efforts, Nasheed and his democratic allies were hampered by a court system still dominated by corrupt judges handpicked by the former dictator as well as violent protests by Islamists angered at the democratic government’s moderate social policies. Meanwhile, despite struggles at home, Nasheed took global leadership in pushing for concrete international action on climate change, through which rising sea levels threaten his nation’s very existence.

Nasheed’s increasingly bold and popular efforts against the vestiges of the Gayoom dictatorship, however, threatened powerful interests. On February 7, police and other security forces with links to the old regime, in alliance with Vice-President Mohammed Waheed, forced President Nasheed to sign a letter of resignation. Subsequent evidence leaves little doubt that Nasheed was accurate in describing it as a coup d’etat.

Much to the dismay of the pro-democracy forces, the US State Department initially recognized the sworn-in vice president as representing the legitimate government, though the Obama administration soon backed away from its recognition in the wake of a public outcry, particularly as evidence of the actual circumstances of Nasheed’s departure became apparent.

Over the past month, pro-democracy demonstrators have once again taken to the streets as they had under Gayoom’s rule. Once again, they are being met with brutal repression. In the face of growing protests, the junta has invited Nasheed and his party to join the new government as a junior partner in a coalition dominated by Waheed and supporters of the former dictatorship.

The United States has been pressuring the ousted president to accept the junta’s offer. However, Nasheed – confident that the majority of Maldivians support democracy and will return him to office – has instead called for early elections as the only means of stabilising the country.

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Has India lost the mango and the sack in the Maldives?: South Asia Monitor

Democracy is rough road littered with potholes. Either you avoid them and play safe, or you fill them up for a smoother ride in the future. Mohamed Nasheed did both, writes Sumon Chakrabarti for the South Asia Monitor.

“First, he played safe and then he changed gears to take the problem head-on. But in doing so, he failed to avoid a collision that led to the toppling in a coup of the first-ever democratic government in the Maldives that he headed.

Clearly, Nasheed’s order to arrest Abdulla Mohamed, Chief Judge of Criminal Court, on January 16 was a political blunder. It brought a rainbow coalition of opposition politicians, mega-rich resort owners and radical Islamists out on the streets – united only by their opposition to a nascent, liberal democracy and the reforms it had brought about that are under genuine threat today.

Chief Judge Mohamed, appointed for life by former dictator Maumoon Abdul Gayoom, was facing investigation by the Judicial Services Commission for political bias and persistent refusal to prosecute cases of corruption and human rights abuses against his mentor and members of his former regime.

Hassan Saeed, Gayoom’s attorney general and now special advisor to new President Dr Mohammed Waheed, had accused him of making derogatory comments against women and even requesting an underage victim of sexual assault to re-enact her abuse in an open court.

Strange bedfellows are not unknown in politics. Judge Abdulla’s arrest galvanised the opposition led by Gayoom’s brother Yameen (who faces charges in a $800 million oil scam, the biggest corruption case in the island nation), the country’s richest businessman Gasim Ibrahim, and radical islamists led by Sheikh Imran of the religious Adhaalath Party.

Emerging details of the lead-up to the coup now point to a political deal struck on the night of January 31 between the former Vice President – and now President – and these forces. On that night, in a press confererence, they had pledged support to Waheed and asked the army and police not to take any orders from Nasheed.

But the big question is: Why did these strange bedfellows come together? The answer, many believe, lies in Malaysia, where former dictator Gayoom – who was defeated by Nasheed in the country’s first democratic elections in 2008 – has conveniently been based since the coup was in the throes of being executed.

That Gayoom, who ruled the country with an iron-first for 30 years, is the uniting force behind the coup-plotters was evident in the initial appointments that Waheed made on taking over the presidency within hours of Nasheed’s forced resignation.

The first two were loyalists of the Gayoom regime – former Justice Minister Mohamed Jameel Ahmed, who was named Home Minister, and Mohamed Nazim, a former military officer under Gayoom, who is the new Minister of Defence and National Security.

Within days, he also appointed Gayoom’s spokesperson, Mohamed Hussain Shareef (Mundhu), as his Minister for Human Resources, Youth and Sports. Gayoom’s lawyer, Azima Shakoor, was named his Attorney General, while the former dictator’s daughter, Dhunya Maumoon, was appointed State Minister for Foreign Affairs.

There was more. Ahmed Mohamed ‘Andey’, CEO of the State Trading Organisation during the Gayoom administration, was named the Minister of Economic Development, while Ahmed Shamheed – a Director at Villa Shipping and Trade, owned by one of the coup plotters Gasim Ibrahim, and the Ministry of Planning and Development in the Gayoom administration – became the Minister of Transport and Communication.

Analysts are asking whether India misread the ongoing political struggle for the second time in four years. On the eve of elections in 2008, the then Indian High Commissioner reported that Nasheed was hardly a force. He recommended continued support to Gayoom. Nasheed won.

Many say that, this time too, reports from the Indian High Commission shaped initial decisions – New Delhi recognised the new regime on February 8, within 24 hours. This was considered a show of undue haste, something the government indirectly hinted at later. Questions are also being asked about what Gayoom’s half-brother Abdullah Yameen, a long-time critic of India, was doing inside the Indian High Commission for over an hour on the morning of the coup, even as Nasheed was being forced by security forces to resign at the headquarters of the Maldives National Defence Force.

Interestingly, an Indian naval ship, INS Suvarna, was in Maldives from February 3. Strangely, the ship was allowed to leave on the morning of February 7, just four or five hours after information of the serious standoff and the plotting of the coup was received. Just the presence of the ship and some marines in the city could have stopped events from unfolding the way they did.

Foreign Secretary Ranjan Mathai soon arrived to Maldives to salvage the situation and called for early elections. The deal was that the new president, Waheed, would announce elections within 24 hours. Nothing happened.

On February 28, Mathai again flew down to the Maldives. This time he proposed to all political parties in Maldives that the amendments to the constitution should be made within one month to pave the way for an early presidential election before December this year. But during the two-hour meeting, he was repeatedly reminded by many from the new government, including Yameen’s party, that the involvement of an outsider in what was an internal matter was not warranted. Even Gayoom’s daughther Dhunya and President Waheed’s spokesperson made some uncharitable comments.

This, after India had handed over $20 million on the evening of February 27 to Mohamed Ahmed, Controller of Finance of the Finance Ministry. Apparently, an additional $50 million is on its way so that Maldives can avoid a sovereign default. All this was happening even as the new government, including the President himself, has backed out from its promise to the Foreign Secretary on holding early elections. The President, Home Minister and State Minister for Foreign Affairs have openly said in the past two days that there is no question of early elections, and that no foreign interference would be tolerated in the matter.

But with lost credibility and a history of dumping friends – from Burma to Bangladesh and now Maldives, the reality is stark – India has, as the saying goes, lost the mango as well as the sack in the Maldives. It has lost the goodwill of every democracy-loving Maldivian and has not gained anything from the new dispensation – backed and aided by a cocktail of the military, police, mafia and radicals.

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Maldives could be a foretaste of the Arab Winter: Nasheed

Even after its democratic revolution in 2008, few saw the Maldives as a political trend-setter, writes former President Mohamed Nasheed for Foreign Policy magazine.

“Yet, in retrospect, the ousting of a 30-year dictatorship in a Muslim country was a precursor to the Arab Spring revolts that swept across the Middle East two years later. As in Libya, Egypt, Syria, and Tunisia, the Maldivians who took to the streets, confronting the regime’s riot police, and demanding change in 2008 were youthful, full of aspirations for a better economic future, and tired of the iron-fisted autocratic rule of a dictator – Maumoon Abdul Gayoom. I was elected president in the first-ever multi-party polls in the Maldives’ 2,500-year history, on a ticket of civil liberties, freedom of the press, and democratic change.

Fast-forward to this month, when the forces of autocracy in the Maldives staged a sudden and brutal coup d’etat. Rogue elements in the police and military joined together to seize the main television station, ransack the offices of the ruling Maldivian Democratic Party, and force my own resignation with threats of bloodshed. In the days that followed I, and many of my fellow democrats, were beaten and imprisoned, and the young democracy we have worked so hard to nurture has been left in mortal danger.

If the Maldives was a precursor to the Arab Spring, let us hope that it is not now a foretaste of a new Arab Winter. There is still time for democracy to recover in my country, but only if the wider world insists that a forceful coup against an elected government cannot be allowed to stand.

For the past three years, despite setbacks and sustained opposition from remnants of the old regime in the judiciary and parliament, things had been getting gradually better. My government inherited what the World Bank described as “the worst economic conditions of any country undergoing democratic reform since the 1950s,” yet with the help of the International Monetary Fund we managed to slash the budget deficit from 22 percent of gross domestic product (GDP) in 2009 to 9 percent last year.

Moreover, we were on track to deliver on nearly all of our election pledges: a public transport ferry system connecting all of our disparate islands was set up; a pension system for the elderly along with universal health insurance was put in place; the country’s first university was established; import duties on staple goods were removed; and drug addicts, of which the Maldives regrettably has many, were no longer treated as criminals but as victims in need of care and rehabilitation.

To help pay for the creation of a basic social safety net, a modern taxation system was also created. A “goods and services tax” was established, as was a corporation tax to provide a secure basis for government finances. And this year, we were planning to introduce a small income tax for the first time in the country’s history.

We also tried to reform the judiciary. Many judges remained under the effective control of the former regime and were blocking corruption and embezzlement cases involving members of Gayoom’s administration. This January, in a move that proved controversial, I ordered the military to arrest a notorious Criminal Court judge, who had quashed his own police arrest warrant, after he was found guilty of misconduct by the Judicial Services Commission – the body responsible for monitoring judges’ behavior.

The government requested the Commonwealth and the United Nations to intervene and help reform the judiciary root and branch. Following the arrest warrant, some of Gayoom’s supporters staged nightly protests calling for the judge’s release but the numbers protesting on the streets were small, just 200-400. Little did my government know the enormity of what they were plotting.

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‘Coup of opportunity’ derails Maldivian democracy: Reuters

It was an ordinary blue felt pen, and not a bullet, that killed Mohamed Nasheed’s term as the first democratically elected president of the Maldives, writes Bryson Hull for Reuters.

“After rising to acclaim as a champion of democracy and action against climate change, Nasheed is now back on the streets where he led a nearly two-decade campaign to bring full democracy to an archipelago ruled more like a sultanate.

A Reuters investigation, drawing on more than a dozen interviews including with witnesses who have not spoken out before, reveals a coup of opportunity that capitalised on opposition discontent, political missteps and police and troops loyal to the old order.

Nasheed says a cabal of former regime strongmen conspired with opposition leaders to force him to make a choice: resign in two hours, or face the introduction of live ammunition into a duel between loyal and rebelling security forces, then only being fought with batons and rubber bullets.

“The generals were in league with the mutinous police,” Nasheed said at a recent news conference, acknowledging that he had erred in not clearing out officers loyal to Gayoom.

“We never did a purge of the military. We have a history of murdering our former leaders and I wanted to change that.”

Even as the Commonwealth urges an investigation and new President Waheed has proposed a presidential commission to investigate his own ascendancy, military leaders have taken no chances.

They have emptied the four armories around Male and put the weapons inside the MNDF headquarters after some tense squabbles between factions inside the forces, three sources told Reuters.

This week, the criminal court threw out several graft cases against opposition figures, a sign of the old impunity provided by a pliable and poorly educated judiciary.

Nasheed’s supporters remain on the streets in peaceful protest, demanding an election be held before it is due in October 2013, which the new president has said he will do if the conditions are right.

“I think it is important that democracy be upheld there, and there is concern that the president (Waheed) might find himself heavily influenced by the previous Gayoom regime,” a diplomat from a Commonwealth country told Reuters.

“There must be no return to the pre-2008 days. The importance of the early elections it to ensure there is a clear democratic mandate.”

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Comment: “We might be tourists but we are not blind or deaf”

Open letter to the Honorable Dhivehi people.

Dear all,

This letter is written with plenty of love and respect for you, your culture and your country. I am writing on behalf of a group of university professors that have visited many times your country, a group of people from the international university community that feels very sad for what is happening in Maldives and have their heart shred into pieces.

It is terrible for us to see what is happening to such nice and friendly country. Brothers against brothers, brothers killing brothers. We use to say that you where very different from Sri Lanka as every time we went to Dhivehi land, those 190 islands surrounded by a blue sea, we traveled also to old Ceylon, always in war, always in troubles, the population always in fear.

The Maldives was different, although we knew that human rights were not respected, nor did free expression exist. We knew that a dictator was controlling the country, we knew that poverty was present, we knew that the country did not have a proper hospital and no university. For us this was very strange — we knew that people were in prison, we knew of families losing their land for not being princes of the regime.

We might be tourists but we are not blind nor deaf.

We might stay in upscale resorts but we have a heart and we are not stupid. We made plenty of friends, people that came to visits us in Europe and others that could not afford to travel, but showed interest and sympathy to us every time we surfed the Maldivian blue waters. Some of these people are apparently now in jail.

What is happening? The news in Europe says you have dismissed your elected President and a new one is in power since a few days ago.

This is not possible as a new President cannot appoint him or herself and needs to be elected. I don’t think you had the time for that.

We all fear that you are back to dictatorship, black into the grey dark political clouds of the last 30 years. We are not even sure that this open letter to all Maldivian will be published, but we want to show that we are with you in this difficult moment.

Whoever will be in power, cannot be called President as he or she has not been elected.

It seems like your path to democracy has suffered a twist. Often it is like that in countries without a culture of respect for human life. The photos we get here in Europe makes us think about old times back here. If that is the case it is very sad.

We don’t know exactly what your situation is as the mails we get are very confusing, but it seems like plenty of blood has been shed lately. From Europe, at least from the university community, we want to say to all that fighting for democracy is worth it. Some of you may not understand it fully, but indeed democracy is the only way to go these days. Some of your Muslim brothers in north Africa know it very well.

May all the troubles end soon and may your country regain the wisdom that will allow you to continue to develop. No more blood should be spilt. No more dictatorship should take place.

Irwin Glass is a teacher at the European University in Barcelona.

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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Comment: Citizen sheep

A Maldivian chronicler once recounted an anecdote of the late Prince Hassan Farid Didi who remarked back in the 1930’s that granting democracy to Maldivians is like giving a handkerchief to a monkey. “The monkey doesn’t know what a handkerchief is used for and soon it will wipe its bottom with it,” the Prince reportedly said.

A lot of Maldivians take offense at being compared to primates, but the past few weeks of political volatility has definitely called into question the country’s ability to shoulder the responsibilities of being a democracy.

The current crisis was sparked after the armed forces were commanded to forcibly detain Chief Judge Abdulla Mohamed of the Criminal Court, after he ordered the release of two opposition leaders who were being prosecuted for “hate speech”.

The DQP leaders, Dr Jameel and “Sandhaanu” Ahmed Didi, had publicly accused the government of coming under the influence of Jews and Christian missionaries “to destroy Islam”. Religious hyperbole is frequently used for political slander in the Maldives – an unfortunate outcome of the country’s failure to adopt a secular constitution in 2008.

The military detention of the judge has led to a series of increasingly violent, opposition-led street protests in Male’ for the past 10 days. Protesters have allegedly attacked journalists, uprooted trees, damaged public property and vandalised a Minister’s house.

Meanwhile, the Supreme Court, High Court, the Opposition parties, the SAARC Secretary General and the Vice President have all spoken out against the detention calling it unconstitutional. Even the Prosecutor General has declared the detention unlawful.

This wouldn’t be the first time President Nasheed has exercised his uncanny willingness to shake things up.

In August 2010, he commanded the armed forces to lock down the Supreme Court after the Interim Supreme Court bench boldly decided to declare itself permanent. Following the siege, the major political parties managed to do some quick backroom negotiations to appoint a new panel of judges.

While the President’s latest salvo has successfully brought into the mainstream public conscious, for the first time, the long ignored issue of the runaway judiciary, it does raise concerns about the Executive setting unwelcome precedents for the future.

Runaway Judiciary

Aishath Velezinee, the former Judicial Services Commission whistle-blower, has publicly alleged that there is a collusion between senior opposition parliamentarians and the judiciary, which exercises undue influence over the JSC.

The JSC, which is supposed to be the independent watchdog of the judiciary, is itself dominated by judges and opposition allied politicians – and its record thus far is less befitting a watchdog, and more indicative of a lap dog.

Velezinee alleges that this is tantamount to a ‘silent coup’, where the judiciary is hijacked by a nexus of corrupt judges and opposition leaders, and the courts are used as an instrument to protect members of the old establishment that was overthrown during the democratic uprising.

The Criminal Court

The charges against Judge Abdulla Mohamed are extremely serious – ranging from corruption, to obstruction of police duties, to questionable judgments and poor professional conduct.

In February 2010, the judge ordered the release of a murder suspect – who would then stab another man to death within the next month.

The judge has in the past demanded that an underage sexual abuse victim re-enact her abuse in the public courtroom. These allegations were first reported in 2005 by then Attorney General Dr Hassan Saeed, whose political party is now among those leading the charge to release him.

The police have in the past accused the judge of delaying search warrants by several days, allowing major drug traffickers to get away. The Home Minister accuses him ordering the release of suspected criminals “without a single hearing”. He also stands accused of arbitrarily dismissing court officials.

It does not help allegations that the courts are in bed with tainted politicians when the same Criminal Court Judge also bars the media from covering corruption proceedings against opposition-allied Deputy Speaker Nazim.

A February 2011 report released by the International Commission of Jurists (ICJ) also highlighted the failure of the politicised courts to be impartial in providing justice.

The Rule of Law

While there are obviously dark clouds looming over Judge Abdulla Mohamed’s record, and the state of the judiciary is less than acceptable, does this automatically excuse the executive’s decision to forcibly detain the judge on a whim?

The unilateral actions of the very first democratically elected executive sets a rather poor precedent.

Will it be the case in the future that any elected President can arbitrarily command the armed forces to detain errant officials or citizens without the any court approval, or warrant or legal backing?

Will all future presidents be similarly entrusted to be the ultimate judge of when the Rule of Law can be subverted – if they feel it is in the larger interests of society? Will their judgements always be enforced through the brute force of the military?

The ruling party and the President’s apologists offer the explanation that given the nature of the allegations against Chief Judge Abdulla Mohamed, and the cartel-like behaviour of the judiciary, drastic action needed to be taken to ensure justice.

Yes, drastic action was indeed required – but did it necessarily need to be initiated from the President’s Office? Does not ultimate power rest with the voting public anymore?

Citizen Sheep

It has proven surprisingly difficult to get the public involved in a debate over the many, many allegations against the judiciary – that less glamorous wing of state power where the primary actors work behind closed doors, hidden from the media limelight.

When former MP and Chairman of the Special Majlis Drafting Committee Ibrahim “Ibra” Ismail expressed alarm in September 2011 over the growing excesses of the judiciary, the Supreme Court fantastically reprimanded him in a press release, asserting that criticising the Courts went “against the principles of civilisation” and that the constitution forbade such criticism.

In a democracy, the power rests with the people. However, Maldivians so far have shown little inclination to hold their state office bearers accountable.

In the neighbouring country of India, tens of thousands of outraged members of the public poured out onto the streets in recent months to protest against corruption in high offices.

The impact of overwhelming public sentiment and the willingness of the Indian public to hold their elected officials accountable worked. Several cabinet ministers and powerful provincial leaders previously thought to be untouchable by law suddenly found themselves behind bars.

Despite their every natural instinct, both opposition and ruling party leaders in India were forced to bend to public will and draft legislation that would create a new constitutional authority – an ombudsman that would be empowered to investigate corruption at the highest levels, including the Prime Minister’s office.

In contrast, the Maldivian public seems to be lethargic, and content with mindlessly echoing whatever slogan is aired by whichever party they happened to plead allegiance to.

Thus, we had ten thousand protesters mindlessly follow their sloganeering political leaders last month to complain about monuments and a host of other trivial non-issues, but there wasn’t a murmur to be heard about the serious charges of corruption and undermining of the judiciary by the same politicians who were on stage blathering about some imagined grief caused by invading Jews.

Pray where were the hordes of MDP loyalists that today defend the President and speak in angry tones against the Criminal Court judge, when the judiciary made a mockery of the constitution throughout the whole fiasco involving the appointment of judges?

Does anyone know the views of the opposition protesters on the state of affairs of the judiciary?

Are they not concerned about the under-qualified, under-educated, and sometimes convicted criminals of poor moral calibre that now occupy the benches of their courts?

If they are worried about the abuse of executive power, why are they not concerned about the abuse of judicial and legislative power?

Perhaps the Maldivian public is simply uneducated on the gravity of these issues due to the lack of any avenue for factual, impartial information – and having access only to a bunch of partisan propaganda outlets masquerading as ‘the media’, with the choice to pick one that most panders to their views.

The slant of the State media coverage of the recent protests is eerily similar to the language employed by Gayoom-era news propaganda. Similarly, the bias and sensationalism spewed by opposition-allied TV networks would make Fox News and The Daily Mail blush.

A second revolution

An argument can be made that the task of democratic transition still lies incomplete, and that democratic reforms only changed things in the executive, leaving the judiciary and parliament to remain bastions of the old guard.

The President and the ruling party have the right to educate the public and complete the task of democratic reform in all areas of governance.

However, if they feel that more drastic, revolutionary actions are necessary, then perhaps they ought to relinquish the position of the executive, return to the streets as ordinary citizens, and organize a grassroots campaign to cleanse the country’s courts and Parliament.

It simply does not bode well for the country’s democracy when the powers bestowed to one arm of the State is unilaterally employed to twist the other arm.

The country has already had one failed attempt at democracy before. If the actions of the democratic leaders causes the general public loses faith in democratic institutions and the rule of law, then there’s no reason to believe it won’t fail again.

The Maldivian public needs to realize that the ultimate Constitutional power is not vested in the President’s residence of Muleeage, but in the hands of voting citizens, and that if they are serious about completing the task of Judicial reform, then it is up to the citizens themselves to rise up and sort out the Judges.

Echoing the sentiments of the Prince Hassan Farid Didi, Former President Maumoon Abdul Gayoom once said in an interview that Dhivehin are not ‘ready’ for democracy.

Recent events suggest that both the Pharaoh and the Prince appear to be correct.

Four years after we voted in our first democratic government, the Maldivian public continues to be as clueless as the monkey with the handkerchief – and it is under our watch that politicians and judges wipe their bottoms with the constitution.

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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