Dissenting opinion in unity government coalition over MDP role in government

Speaking to Minivan News today, Chairperson of Maldives Democratic Party (MDP) Moosa Manik said that at Leaders’ Dialogue meeting held Sunday he had requested for two points to be added to the discussion agenda.

“According to the CNI report, this is a continuation of the government elected in 2008. Since it was MDP that was elected in 2008, we must be in government even now,” said Moosa.

“So I requested that we add to the agenda discussions over the participation of the MDP in the government elected in 2008. On these same grounds, I also requested we add to the agenda discussions to clarify whether MDP represents the ruling party, or the opposition in parliament.”

While Moosa Manik stated that the requests made were only to add discussions on the topic to the agenda, local media has reported that the party has proposed the MDP itself be included in the government. The news caused an eruption of differing views among the former opposition parties.

In a press briefing held after Sunday’s meeting, the President’s Advisor on Political Affairs, Ahmed Thaufeeq, said that he welcomed the MDP’s proposition. Thaufeeq said he felt it was a wise step to take in strengthening the unity government. He did, however, say that the matter had to be discussed among the parties currently in the coalition before coming to a decision.

Meanwhile, President’s Office Media Secretary Masood Imad told Minivan News today that there was no way all political parties could be part of a government in a modern democracy.

“If the MDP is allowed to join the government, then who will be the opposition? We need a viable opposition for the government to function. MDP is continuing to create havoc through protests and calling the government traitors. The best option for them is to continue staying as a viable and legal opposition,” Masood said.

He said it was so far unclear whether MDP wanted to show support to the government by ending the ongoing protests while staying on as opposition, or if they wanted seats in the cabinet.

Secretary General of Dhivehi Qaumee Party (DQP), Abdulla Ameen, told Minivan News that he was completely against the proposition. Alleging that MDP had failed to live up to its promises of 2008, Ameen said, “Dr Waheed very sincerely invited them to join the government previously, but they themselves rejected it. The MDP are still calling us ‘baaghi’ (traitor), so why should we let them into the government? Also, this proposition may have come from ‘Reeko’ Moosa Manik, and not necessarily from the party itself.”

Although Ameen stated that the party had not agreed on an official position on the issue yet, Vice President of DQP and current Minister of Home Affairs, Dr Mohamed Jameel, also told local media that he felt there was no justification to allow MDP into the government coalition.

On the other hand, Deputy Leader of the Jumhoree Party (JP) and Parliament Member for Kashidhoo Constituency, Abdulla Jabir, is of the opinion that MDP’s initiative would translate into a means of maintaining peace in a country as small as the Maldives.

“I would personally welcome the initiative, and the members of MDP, into the government. However, the JP hasn’t yet discussed the issue within the party,” he said.

Contrary to Jabir’s views, JP Leader Gasim Ibrahim and President Dr Ibrahim Didi – himself formerly President of the MDP – oppose the suggestion of MDP’s involvement in the government.

According to Sun Online, Dr Didi doubted the sincerity of the MDP’s proposition and stated that it is important to further look into the matter to see if it involves any “treacherous plans” of former President and MDP Presidential Candidate, Mohamed Nasheed. Gasim alleged that Nasheed had caused “immense loss to the country”, and that this had to be kept in mind when reviewing MDP’s request.

People’s Alliance MP Moosa Zameer told Minivan News that the party had no reservations about letting MDP into the current government coalition. He went on to say: “If Dr Waheed feels it is best to let MDP in, then we have no issues. However, we hope he will consider the fact that the bigger the government gets, the more complications will arise. There will be another election in 2013. Waheed very strongly wants a free and fair election. I feel that it can only go in a transparent manner which is to the satisfaction of all parties only if MDP too has a stake in the government.”

DRP MP Dr Abdulla Mausoom told Minivan News that the party felt discussions in the Leaders’ Dialogue should only be shared with media by its coordinators. Regarding former President Nasheed’s statement that PPM and DRP should not be part of the current government, Mausoom said “We do not think it is worth responding to statements by people who hold no official position in MDP. Former President Nasheed holds no post in MDP’s leadership and cannot speak in its behalf. We will respond only if MDP releases a former statement regarding the matter.”

PPM Parliamentary Group Leader Abdulla Yameen has been quoted in local media as saying that letting MDP join the government is not a problem ‘in principle’, but that the general members of his party are strongly against the idea.

MDP Chairperson ‘Reeko’ Moosa Manik clarified to Minivan News today that MDP had so far only accepted the CNI report along with the reservations put forward by former President Mohamed Nasheed’s nominee, Ahmed Saeed ‘Gahaa’. Moosa Manik also echoed former President Nasheed’s statement that if, according to the CNI, this is the 2008 government being continued, then he felt that the DRP and PPM should not at all be in the government coalition.

The Qaumee Party, Adhaalath Party, Jumhoree Party and Gaumee Ihthihaadh were in the 2008 coalition with MDP, while DRP, PPM and PA were in opposition.

MDP meanwhile confirms that it will continue the ongoing protests asking for early elections.

Interim Deputy Leader of PPM, Umar Naseer and Spokesperson and MP Ahmed Mahloof were not responding to calls at time of press.

Minister of Home Affairs and Vice President of Jumhooree Party Dr Mohamed Jameel and DRP Leader Thasmeen Ali were also not responding to calls.

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Nasheed sole focus of government’s charges following CNI findings: Home Minister

Home Minister Dr Mohamed Jameel Ahmed has told local media that former President Mohamed Nasheed was the only individual the government would charge following the findings of the Commission of National Inquiry’s (CNI)’s report.

Addressing the February 8 police crackdown on demonstrators, Jameel claimed that the government had not yet been able to organise or appoint a full cabinet on the day.  He added that the police themselves were responsible for their acts at that time and any potential charges they may face over the report’s conclusions.

Dr Jameel said that the Police Integrity Commission (PIC), according to its mandate, will look into issues concerning police conduct.

The fourth key finding of the CNI report called for an investigation of acts of police brutality of February 6, 7 and 8, although this was not revealed by President Dr Mohamed Waheed Hassan during the report’s release on Thursday.

Spokesman for the Maldivian Democratic Party (MDP) Hamid Abdul Ghafoor today responded to Jameel’s comments, saying: “The people who committed these crimes are responsible for implementing the CNI. The CNI has given room for politicians to free themselves.”

Ghafoor said that the report “articulated urgency” with regards to generating confidence in the nation’s key institutions.

He also reiterated the MDP’s call for the immediate implementation of legal proceedings against those implicated in wrong doing.

During a press conference yesterday, Defence Minister Mohamed Nazim stated that he wanted to further highlight Nasheed’s “lies”.  He added that contrary to Nasheed’s claims the day before, the CNI report made no mention of any illegal actions or involvement in an alleged “coup d’etat” by the Maldives National Defence Force (MNDF).

Former President Nasheed recently suggested that a core of 300 police and military officers were “undermining the public interest of the entire country”.

Ghaoor said today that as long as these people remained in their positions, “the country will be run by a military dictatorship”, before appealing to CMAG to review the findings of the report.

“I do not believe they will leave the country at the mercy of armed forces,” said Ghafoor following the Commonwealth’s encouragement of all sides to respect the report’s findings.

Jameel yesterday indicated his belief that the CNI report relieved the current government of any further obligations to negotiate with Nasheed, regardless of any external pressure.

“No international power can coerce this government into discussions with Nasheed again. This chapter closes here,” Dr Jameel said.

Both Jameel and Attorney General (AG) Azima Shukoor went on to advise the country’s youth against backing Nasheed, calling him a “habitual liar”.

“Do you realise what sort of a man you are following? He is a habitual liar, do you understand? And what exactly do you achieve by staying behind him? You just have to keep facing police and military action, be answerable to PG and courts, and end up in jail, leaving your young wives and children behind. Is this the future you want?” Dr Jameel said.

Statements from the United States, India, the United Nations and the Commonwealth all urged continuing dialogue amongst political actors.

Nazim said that, just as he had stated prior to the release of the report, the government would not be taking any action against any MNDF officers with regard to the CNI report.

Nazim did confirm that he would be taking legal action against all persons who referred to any MNDF soldier or to himself as ‘baaghee’ (a Dhivehi word meaning: a traitor who had brought about or participated in a coup).

The executive summary of the CNI report stated that urgent reforms were needed to the “basic institutions of democratic governance” and that justice “needs to be seen to be done in order to reassure the public and inspire their confidence.”

Nazim instead focused on the report’s ruling that there had been no coup in the Maldives, and hence no one had a right to label as traitors either the soldiers or any member of the executive, including himself, who, despite having been relieved of his duties officially, had acted as a commander of the MNDF Forces on February 7 in a personal capacity.

“Because I was there in a personal capacity, President Nasheed has often named me as a man who has administered a coup. But I would like to point out that my name does not come up in the CNI report at all,” Nazim claimed.

Nazim is identified in the CNI report as one of three “critical participants” on February 7  as one of three people who – along with current Police Commissioner Abdulla Riyaz –  “had been watching what was going on at Republican Square and felt it was their moral obligation and  public duty to intervene.”

“These three men, when they arrived at Republican Square, appeared to  enjoy positive rapport with the opposition groups outside the MNDF HQ and quickly  assumed leadership roles, particularly with the police. There is no suggestion that they were appointed or given specific authority,” the report states.

Regarding a statement by the international advisers in the CNI defending the commission’s professionalism and integrity, Attorney General Shukoor said that the international community may have taken Nasheed’s nominee Ahmed Saeed (Gahaa)’s claims more seriously had he submitted a dissenting opinion instead of handing in his resignation.

The attorney general alleged that Saeed was unable to do this as he did not have enough evidence to back his claims.  She said that if anyone wished to contest the findings of CNI, they were advised to file the case in court.

Ghafoor today lamented what he saw as the failings of the CNI: “It does not seem as if [the MDP’s] troubles are over. Doesn’t look as if trouble for the country as a whole is over.”

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President Waheed meets coalition members ahead of CNI report release

President Dr Mohamed Waheed Hassan has this afternoon meet with representatives of the parties making up his national unity government to discus how to address the findings of the Commission of National Inquiry (CNI)

According to a press release on the President’s Office website, the meeting saw discussions on agreeing a way forward upon the release of the report compiled by the CNI. The report, which was scheduled to be released today, has been delayed for at least an additional 24 hours.

The President’s Office stated that a consensus was reached at the meeting whereby all the coalition partners pledged to back Dr Waheed’s views concerning the investigation and its findings.  No further details were provided on the discussions in the statement.

President’s Office Spokesperson Abbas Adil Riza was not responding to calls at the time of press.

Local media quoted government-aligned Adhaalath Party President Sheikh Imran Abdulla, as saying that the coalition parties had assured President Waheed that they would not allow any persons to create unrest in the Maldives upon the report’s release. He also said that all the coalition parties were ready to help security forces in their work to maintain peace and order.

Chief Spokesperson of Jumhooree Party, Moosa Rameez, speaking to Minivan News today said: “Mohamed Waheed Hassan Manik is the president of a coalition government and all the coalition parties have decided to work together with whatever decision he makes regarding the CNI results.”

Rameez said that the coalition parties also agreed not to hold any protests or demonstrations following the CNI report, no matter its final outcome.  He added that although government-aligned parties in the coalition had pledged to follow the president’s views on the matter, they had not yet received any additional information about it.

The opposition Maldivian Democratic Party (MDP) has alleged that President Waheed’s government came to power on February 7 in a “coup e’etat”.  These claims form the central focus of the CNI’s investigation into the exact details surrounding the controversial transfer of power.

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Ruling coalition to reverse own restrictions on sale and lease of state property

The government is seeking to reverse restrictions concerning the sale and lease of state properties, that the ruling coalition parties themselves passed while in opposition.

Finance Minister Abdulla Jihad said the government requested parliament amend the Public Finance Act to remove the requirement for parliamentary approval for the sale or lease of any government property.

The controversial amendments to the Act, passed in June 2010 prior to the airport being award to Indian infrastructure giant GMR, sparked the resignation of then-President Mohamed Nasheed’s cabinet over the opposition-majority parliament’s “scorched earth politics”.

Jihad told local media that the request to amend the Act was made as government faced “difficulties” leasing and selling its property, including land, buildings, and infrastructure, as the law currently demanded that such transactions could only proceed after parliament approval.

Speaking to Minivan News, Jihad said he sent the request to parliament’s public finance committee, and that the government would propose the bill to the parliament floor as soon as parliament sessions reconvened.

“We will send the bill as a high priority bill to the parliament as soon as parliament reconvenes. This is a very important bill for the government,” he said.

He also added that it although the government did have an MP representing President Mohamed Waheed Hassan’s party – to present legislation on behalf of the  government – this was not required as the matter was “not a revenue bill”.

Amendments

The amendment concerning the requirement for a prior parliamentary approval was brought to the act on June 2010, by then opposition-controlled parliament.

The amendments were brought to article seven of the Public Finance Act: “any relief, benefit or subsidy by the state” must be given in accordance with laws passed by the parliament.”

The amendment to article 10(a) reads that financial benefits provided by the government in order to pursue its policies must also be issued in line with laws passed by parliament.

However, article 10(c) of the amendment bill states that the government could grant “some financial assistance” from the emergency funds allocated in the state budget under certain circumstances, such as to provide relief after natural disasters.

Meanwhile, 10(d) states that assistance could still be given “if the government believes providing financial assistance to a businessman or a business facing financial difficulties was in the public interest” or if the financial difficulty is believed to impact “the lives of a sufficiently large number of people in society”.

Moreover, article 34(c) stipulates that the government must implement recommendations of the parliamentary committee that reviews the state budget.

The Maldivian Democratic Party (MDP), the ruling party at the time, blasted the opposition claiming that the bill was passed to “obstruct the public private partnership policy of the government.”

Several MDP MPs expressed concern over the move, alleging that the opposition wanted to hinder the running of the government.

Among the concerned parliamentarians, MP Mohamed ‘Colonel’ Nasheed at the time said he regretted the bill had been passed and that he was “very concerned” over its approval.

”All the services the MDP has planned to provide for the people will be disrupted according to this bill,” said Nasheed.

”Right now there is a hung parliament and it is very difficult to bring out sufficient results from it.”

Nasheed said that responsibility for the country’s financial condition was the duty of the President and the Finance Ministry, according to the constitution.

”The bill was not approved in the best interests of the country,” he added. ”I regret the approved amendments [governing privatisation].”

MDP Spokesperson at the time, Ahmed Haleem, also echoed similar concerns claiming the bill was approved “according to the self-interest of two or three businessmen in parliament.”

”This bill will obstruct the public and private partnership policy of the government,” said Haleem. “It was not passed for the benefit of the people of the country.”

However, then main opposition Dhivehi Rayyithunge Party (DRP) dismissed the claims made by MDP.

DRP MP Abdulla Mausoom said at the time that the government was required to govern the country “according to the wishes of its people.”

”The parliament represents the people,” Mausoom said, “and according to the bill, the government will now need the approval of the parliament when leasing state assets or taking loans from other countries.”

Mausoom said the parliament “belongs to the people” and would only make decisions “for the benefit of the people.”

“I do not see any article in the bill that disrupts the government’s pledges,” he said. “Privatising Male’ International Airport was not a pledge of the government.”

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MNDF and govt register joint venture for investment including tourism

With plans to generate revenue to fund welfare services for the armed forces, the government and Maldives National Defense Force (MNDF) has registered a joint venture company aiming to invest  in various businesses, including the tourism industry.

The “MNDF Welfare Company” registered at the Economic Ministry on Tuesday, is 10 percent government owned, and 90 percent by Sifco, MNDF ‘s cooperative society, which provides welfare services for defense force officers and their families,  including subsidised products and loans.

Speaking to Minivan News about the company, MNDF Spokesperson Major Abdul Raheem said the MNDF have been discussing the idea of expanding the cooperative society’s works through a registered company over the past 10 years.

He observed that the main objective of registering the company was to invest and run businesses, which can subsequently generate revenues to contribute to welfare services provided to the 7000 strong-armed force body.

“The allocated state budget is not enough to fund the welfare services. We are facing several financial problems. Therefore, our plan is to register the joint venture with the government and increase profitable business activities,” Major Abdul Raheem explained.

He added that the MDNF Welfare company was registered within legal boundaries, and the company’s board and other necessary decisions will be taken legally and without discriminating between any officers.

MNDF joining tourism?

Asked about the sort of businesses the company intends to invest in, the MNDF spokersperson responded that the discussions are underway and will be announced soon.

Local media Sun meanwhile reported that the company was targeting investment in the country’s main industry, tourism, and claimed islands have been leased for resort development.

Raheem did not verify these reports but commented: “It is hard to confirm specifically which business  it will do, but I cannot say tourism is not an option.”

Following reports suggesting the MNDF’ is venturing into the country’s tourism sector, government aligned Dhivehi Rayyithunge Party (DRP)’s parliamentary group member Dr Abdulla Mausoom updated his twitter saying: ” SIFCO (of MNDF) & Maldives government venturing into tourism business? This will not promote capitalism, tourism or democracy!”

Mausoom told Minivan News that it was “not visible in many places” for military personnel to form joint ventures with the government and start investing in businesses.

“It is a trend observed mostly in communist states, where everything is run by the state,” he added. “This also seems to be going more in that direction.”

“However, my main concern is that the tourism industry is already saturated,” said Dr Mausoom, who has previously served as the Minister of Tourism and Civil Aviation under Gayoom’s administration.

He explained the industry was already challenged by the excess supply of resorts, which he claimed had been approved for development without any proper plans.

While several resort islands are now under development at a time when several investors are going bankrupt in the industry, Mausoom suggested that it is “not a good idea for the state to increase injection into the sector through joint-ventures.”

“It may be legal for the MNDF cooperative society to go into joint venture with government and even lease islands without even an open bidding process under the law. However, just because it is legal it does not mean it is the right thing to do,” he contended.

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Comment: Will early polls end this drift?

At one-level, it is business as usual in Maldives – at another, it is calm before possible storm.

While an element of political stability attaching to the government of President Mohammed Waheed Hassan Manik in recent weeks after the destabilising events of February 7, has ensured that day-to-day business of the Government does not suffer, it has also flagged new issues that could challenge the internals of the uneasy coalition that he has been heading.

Together, they have the potential to create a façade of self-belief, which otherwise boils down to self-illusion and self-destruction of the kind that the MDP predecessor in office had practised while in power.

It took the MDP and President Mohammed Nasheed greater and persistent efforts to arrive at where they did in less than three years in office. Given the composition and contextualisation of the Government coalition after he resigned on that fateful February 7, they would instead have to put in greater efforts and display equal sincerity to make their present scheme work – and well into the future.

In the absence of a commitment about the future, particularly over the presidential polls, whenever held, the ruling coalition is already drifting towards unsure approach not necessarily to administration, but to their politics. At the centre of it all, however, is their individual approach to the presidential polls and individualistic perceptions about their comparative electoral strength, as much within the combine as outside.

In a way, the drift also owes to a creeping underlying yet unmistakable belief of individual Government parties that the ‘common political threat’ from the MDP has receded, and at the same time the presidential polls, due in November 2013, cannot be delayed eternally – even if President Nasheed’s demand for early elections could be scuttled.

They had worked it in the past, when President Maumoon Gayoom was in power. Ushering in multi-party democracy, many now in the Government had joined hands with the MDP to oust the incumbent through the power of the ballot. In contrast, the February 7 exit of President Nasheed might have been controversial but the ‘ganging up’ political adversaries against him within three years of his emerging as the Maldivian mascot for democracy was also owed to the ‘democratic distrust’ that had crept into the political scheme. Today, the talk of presidential polls, whenever held, is the distinguishing and delineating factor, so to say.

For his part, President Nasheed has been travelling overseas increasingly, carrying his message about the ‘coup’ that forced his resignation. The inherent differences within the Government parties, often based on individualist approaches and claims, is coming out in the open – and inevitably so. Ironically, it could be construed as a measure of lessened threat from President Nasheed and the MDP. It is thus that the PPM and PA, owing allegiance respectively to President Gayoom and his half-brother Abdulla Yameen, have formed a parliamentary coalition, excluding the DRP parent of the former and also the Jumbooree Party (JP), identified with billionaire-businessman Gasim Ibrahim.

The PPM has also begun openly accusing DRP leader Thasmeen Ali of colluding with the MDP Opposition, which charge the latter had denied vehemently. Yet, the DRP has been put on the defensive within the ruling combine, and embarrassingly so.

What can a ‘running-mate’ do?

With a substantial showing in the presidential polls of 2008 and recent by-elections to the People’s Majlis or Parliament and local councils, the JP has been ‘poaching’ MPs and other leaders from other parties – including one MP from the DRP partner in Government. The MDP in particular cannot complain, as under the Nasheed presidency in the democracy era, they had started off the game.

The Constitution provides for a run-off, second round polling between the top two scorers, if none of the candidates crossed the mid-way mark in the first phase of presidential polls. The strategy and effort of individual political parties in the Government thus is to be able to get into the second round, and negotiate with the rest from a position of strength. This would precisely be a repeat of the 2008 polls, in their perception, when Gasim Ibrahim, and another runner-up, Dr Hassan Saeed, at present Special Advisor to President Waheed, transferred their first-round votes to Candidate Nasheed, who was the Opposition topper with 25 per cent vote-share against incumbent President Gayoom’s 40 per cent.

Today, the roles have reversed, what with President Nasheed being seen as the potential candidate to top the list. Having nominated him as their presidential nominee already, through a democratic process prescribed under the law, the MDP believes that he would win hands down in the first round. He would have to, given the present alignment of political parties, as there is nothing to suggest that he would be able to fill the gap if pushed into the run-off phase. It is in this context, the PPM charges against DRP colluding with the MDP needs to be viewed. However, the DRP seems to believe that the party’s cadre-base and vote-base are as much anti-Nasheed in their political preferences as they are anti-Gayoom, leaving the leadership with little manoeuvrability in alliance-formation. It is a real threat facing the DRP, particularly after ‘rebel MDPs’, comprising elected but ousted party president Ibrahim Didi and his deputy AlhanFahmy, with whom the party might have shared a common dilemma, chose to join the JP, instead. Didi now heads the JP and party founder Gasim Ibrahim is a sure candidate for the presidency.

The problem with coalition politics of the nature, which has suited experienced and matured presidential democracies as in the US, is that the running-mate to the presidential candidate is expected to bring in additional votes to fill the winning-gap. President Nasheed does not have anyone before him who could be described as such, if the MDP’s calculations about a first-round victory for him need testing on the ground. Individual Government parties are keener on demonstrating their individual vote-share with a second round in mind than forming an alliance for the first round, where political partners could choose their presidential candidate and vice-presidential running-mate through electoral negotiations. It was so in 2008, when Candidate Nasheed chose Waheed, founder of the GaumeeItthihaad Party (GIP) as his running-mate, but his experience since assuming office, flowing from his inability to share power with his Vice-President, might dissuade others of the ilk from attempting some such measure at present.

‘Transitional justice’ and vindictiveness

It does not stop there. In recent days, the Majlis, where the Government parties are in a majority, has passed a resolution for a parliamentary committee to probe certain decisions of President Nasheed while in office. It is unclear if the immunity available to former Presidents, which President Nasheed had underlined after demitting office, would extend to cover parliamentary resolutions of the kind. More importantly, in an impromptu yet immediate effort at national reconciliation after electoral results were known in 2008, President-elect Nasheed announced legal immunity for his predecessor.

He also called on President Gayoom soon after his election, and the latter too facilitated smooth and seamless transfer of power, putting at rest all speculation that he would try to thwart the democratic expression of his people. Though once subsequently, President Gayoom was summoned to a police station for an enquiry regarding a criminal case dating back to his days in office, nothing was allowed to come off such efforts, which were as half-hearted as they were off-handed.

The Government and the parties forming a majority for it in the Majlis have been talking about filing criminal and constitutional cases against President Nasheed and his erstwhile Cabinet members and MDP leaders. Some of it has proceeded on expected lines while no major case has been filed against any top leaders thus far. Indications are that the Government might take its time deciding on whom to target, how, why and when – more in terms of political expediency rather than legal/constitutional accountability.

As and when it happened, the MDP is sure to cry foul, and charge the Government with political vindictiveness. Its political argument might stand vindicated if the higher judiciary, as has been happening since the February 7 change-over, stands in the way. The Waheed leadership, however, has thus far kept its promise of not interfering with the judicial freedom, a charge levelled against the predecessor leadership – and, not without some justification, as the locking up of the Supreme Court by the nation’s armed forces in mid-2010 showed.

Charges and counter-charges of vindictiveness of the nature have their political fallout. The MDP, while in power, had revived such talk by constantly referring to ‘transitional justice’ when President Gayoom failed the party’s expectations by returning to active politics. A catchy phrase nonetheless, ‘transitional justice’ boiled down to legal action against the Gayoom leadership for alleged wrong-doings during its tenure. During the ‘December 23 Movement’ run-up to the February 7 episode and later, MDP hard-liners have not tired of blaming the ‘pacifist’ Nasheed presidency for taking a lenient view of his predecessor’s undemocratic and corrupt actions – including five-time imprisonment for his would-be successor.

Yet, any talk now of reviving ‘transitional justice’ on the MDP’s part if returned to power, or similar ranting by the incumbent Government parties has the potential to make the run-up to the presidential poll more tension-ridden than already.

Tottering economy

Though the MDP’s predictions of a post-resignation steep fall in tourist arrivals have not been proved right, the nation’s economy continues to totter, going beyond concurrent global and regional inconsistencies of the times. JP’s Gasim Ibrahim, a former Finance Minister under the Gayoom dispensation, has begun talking about a ‘bankrupt Government’ while Presidential Advisor Hassan Saeed too has been cautioning the nation that Maldives cannot afford to live beyond its means. Here, they share the perception of the MDP and President Nasheed, when the latter was in office, yet the Waheed Government has revisited some of the IMF-dictate economic reforms policies of the predecessor-administration. Recently, the Government took a Rf 300 million loan from the Maldivian Monetary Authority (MMA), a State institution, and there is an accompanying controversy over approaching Parliament for a post facto endorsement instead of prior clearance.

What could help to bring back political order, which alone would ensure governmental stability at a time when the crying need of the economy seems the same? On political stability alone would depend foreign investments, which would be among the near-permanent sources of economic revitalisation for countries such as Maldives, particularly so in the South Asian neighbourhood, and for a long time to come before they became self-reliant. For instance, the February 8 violence that followed President Nasheed’s resignation, forced or otherwise, while not exactly rattling foreign tourists, who form the backbone of the nation’s economy, however may have make new investors to hold back their decisions, at least until political stability that they can feel and vouchsafe for returns to the Indian Ocean archipelago.

It is not as if early presidential polls would automatically ensure political stability. The problem with the Nasheed presidency was the MDP’s inability to retain its political coalition until after the parliamentary elections six months later. This meant that the Government under the Executive President system did not have a parliamentary majority – it did not have one even at inception – leading to horse-trading on the one hand, and rejection of Government’s initiative on the other. That included a resolution calling upon the Government to obtain Majlis’ approval for every major contractual decision, as with the ‘GMR case’, and refusal to endorse some Cabinet nominees of the President. Similarly, post-poll, the new President would have to ensure peace on the streets, which alone would ensure not only investors’ confidence in the nation but also the people’s confidence in democracy.

For now, all talks of early presidential polls have been shelved after the Government parties made a near-mockery of the All-Party Roadmap Talks by taking up a long list of 30 issues that were not on the original agenda, but included ‘black magic’ as among those needed national priority and hence attention. There is no talk again of reviving the all-party talks, which willy-nilly seems to be getting linked to the progress of the National Commission of Inquiry (NCI), appointed by President Waheed and expanded to include an MDP nominee and an independent member from Singapore, at the instance of the international community.

The expanded NCI has been tasked to submit its report by July-end, but the chances are that they may require extension(s) to be able to come up with anything concrete – which by the nature of things, could at best be recommendatory in character, and not mandatory in nature.

The chances are that whichever side whose arguments the NCI does not buy would not accept the findings and act on the same. And the Government, as is known, would be keen on reviving the Roadmap Talks, whose agenda included early presidential polls, only if the NCI hands down a split-verdict. All this would boil down to only one thing. That the stake-holders in the Roadmap talks could well begin with committing themselves to the findings of the NCI, and also begin taking their job seriously so as to build a national consensus, not only over the presidential polls but equally so on other issues, too. In the absence of such a course, any divergence of opinion between the Executive and the Legislature in the months after fresh presidential poll could bring the nation to a virtual stand-still, or lead to further horse-trading, which would be a mockery of democracy, all the same.

Worse still, between now and the presidential polls, whenever held, the inevitable internal dissensions within the ruling coalition, if it could be called so, could lead to mutual acrimony of the administrative kind and initiative, even as their attempt to cobble together an electoral strategy to keep the MDP adversary at bay could strain the infant democracy, still.

The writer is a Senior Fellow at Observer Research Foundation

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

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“Nasheed’s ouster Maldives’ historical equivalent of Tiananmen Square”: US Professor of Peace and Conflict Studies

One of the world’s leading scholars on non-violent conflict, Dr Mary King, has compared the resignation of former President Mohamed Nasheed with the ruthless crushing of democratic movements in Communist China and Soviet Russia.

“For 300,000 Maldivians, President Nasheed’s ouster was the historical equivalent of Tiananmen Square in 1989 or the Soviet invasion of Czechoslovakia in 1968: the sensation of new freedom one day, its threatened disappearance the next,” said Dr King.

Dr King’s comments were included in a statement from the International Centre on Nonviolent Conflict (ICNC), which will today award Nasheed with the James Lawson Award for Achievement in the Practice of Nonviolent Action. The ceremony will take place at Tufts University in Massachusetts.

The press release stated that the award is in recognition of Nasheed’s “leadership during many years of the nonviolent opposition to dictatorship in his country, his courage in the face of an armed coup earlier this year which forced him from power, and his renewed nonviolent action on behalf of restoring genuine democracy in his country.”

Dr King, a professor of Peace and Conflict studies at the UN-affiliated University for Peace in Costa Rica, is a former recipient of the James Lawson award herself.

The award is to be presented by Dr James Lawson himself, a leading activist in the American civil rights movement who is best known for devising the Nashville lunch-counter sit ins of the 1960s.

President and founder of the ICNC, Jack Du Vall, said that nonviolent action can be the only basis for a ruler’s legitimacy.

“The question for the Maldives is whether it will have a real democracy or not, and whether it will be led by a person who was elected to that office by the people and whose elevation to power was based solely on nonviolent action,” he added.

President’s Office Spokesman Abbas Adil Riza said that he was not aware of the statements, saying that the ICNC was “free to say whatever it wished.”

Asked for a government response to such opinions, Abbas said: “The Maldives is a free society and has a free media. Only the courts will decide if it was a legal change of government.”

The Commission of National Inquiry (CNI) mandated to investigate the circumstances surrounding the February transfer of power was recently reformed in order to enhance its credibility.

The group began its investigations on June 21 and is scheduled to have completed its work by July 31.

The CNI is not a criminal investigation and will hand its findings over to the President, the Attorney General (AG) and the Prosecutor General (PG).

Nasheed’s US visit has included a speech at the United States Institute of Peace (USIP), a briefing given to the Senate Foreign Relations Committee and a follow up meeting with the Subcommittee on the Middle East and South Asia Committee on Foreign Affairs after it had sent a team to the Maldives earlier in the year.

Nasheed is also said to have met with State Department Assistant Secretary Robert Blake as well as having briefed the International Republic Institute on the political situation in the Maldives.

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Comment: Government of the people, by the people, for the people…

The type of government that a nation consents to has a profound influence on its people and their quality of life. In the writings of early historians, Maldivians were depicted as “a most gentle people.”

Less than forty years ago, when a tourist visiting Male killed his girl-friend, practically the whole population of the island stopped their work and went to pay their respects. People were genuinely moved with sympathy for a victim of violence. “We were in deep shock. We were stunned really,” one man recalled.

How things have changed.

A single day’s headlines now expose the darker reality of this ‘Sunny Side of Life.’ A sixteen year old boy is murdered in a public park while law enforcement agents are busy arresting people for the crime of being “in possession of a cursed chicken.” A 65 year-old man is killed for his meagre pension money.

Meanwhile, the police pepper spray, beat and arrest people with impunity and young children are given guns to hold and admire as a tactic to enhance the profile of the Maldivian National Defence Force (MNDF).

Yes, change is inevitable. However, it is important to ask why such a fundamental change has occurred in the psyche of the whole nation in a 30 year time-frame. There might be many contributing factors but one of them stands out.

The style of governance under Gayoom’s regime affected the attitude of the whole nation. The violence, torture and lack of regard for other people’s dignity that characterises his regime, is unfortunately colouring the mind-set of ordinary citizens. The recent shameful episode of three policemen and an MNDF officer robbing expatriate workers makes sense in this dog-eat-dog society which is frighteningly becoming our reality. And why not? When ‘the best and the brightest’ of a country usurp power by pillage and brute force, the masses have no reason not to emulate their example. Exposure to violence desensitises us and reduces our sense of humanity.

There are a plethora of practical and philosophical reasons why the Maldives should embrace democracy at this stage of its development. One outstanding reason is the failure of the ‘Unity’ government that has emerged following the coup, which is neither a united nor a legitimate government. It is a loosely held conglomerate of ambitious individuals vying for power. The last thing on their minds is the well-being of the citizens. The sudden increase of police numbers, promotions and bonuses, in a period of economic recession, is testimony to the fact that the limited resources of the country are being squandered for the self-serving obsession of holding on to power.

Journalists, politicians and individual citizens discuss the execution of the coup that brought this regime back to power. While there is no doubt that a coup took place, and a legitimate, democratically-elected government overthrown, it is simply too generous to accept that a successful coup has been executed. A coup is not simply the acquisition of power. It also entails the maintenance of power by providing a functioning system of governance that would enable the usurpers to achieve legitimacy, at least through longevity.

What is obvious now is that the coup was a botch-up of gigantic proportions. The perpetrators of the coup underestimated the resilience of the people, ignored the determination of the MDP and assumed that Nasheed would walk away quietly and the rest of the population would return, sheep-like, to the conditions prior to the 2008 elections. However, three years of freedom from police persecution and terror has prompted a paradigm shift in the psyche of the nation. The coup government is struggling and is in a state of limbo. Their recent dealings with political activist and lawyer Mariya Didi and Chief Superintendent MC Hameed, Head of Intelligence of the Maldivian Police Service (MPS), have demonstrated the inadequacies of the regime in dealing with people who cannot be frightened into submission.

The regime has also made it clear to the general public that they are not capable of anything other than knee-jerk reactions. Meanwhile the people suffer as they watch the drama unfold and the numbers of political detainees continue to increase.

This failure to consolidate power is partly because autocracy of any form is an anachronism in the 21st century. Traditional respect for authority and the unquestioning subservience of citizens to those in power are fast disappearing. This is an age of social media and instant dissemination of information. Syria, Egypt and Libya provide clear evidence of how autocratic governments all over the world have been under increasing pressure. The type of Machiavellian political philosophy that advocates the suspension of common-place ethics from politics is out-dated and irrelevant in the 21st century, as is the Hobbesian interpretation of the social contract that people should submit to the authority of an absolute sovereign power.

Yet, these ideas form the political creed of the current regime in the Maldives; a cynical, out-dated creed that ignores the human potential for growth, both morally and intellectually. Thus, all autocratic governments, as the one that the old dictator has ‘gifted’ to the Maldives for a second time, are preoccupied with the business of propaganda, creating their own versions of the truth in an increasingly information-rich world.

Ruder Finn, the PR company employed by the regime to sanitise their record of human rights abuse, is not a new phenomenon, but the effectiveness of this huge monetary investment in disinformation, remains to be seen. Dr Hassan Saeed may indeed be destined forever to keep ‘applying lipstick to hideous pigs,’ as Yameen Rasheed so aptly puts it. However, the regime would be ill-advised to believe that the rest of the animals on the farm are impressed by the propaganda of Snowball and Napoleon.

It is generally agreed that the stability of a government is directly related to the economic well-being of a nation. What is less well understood is the fundamental human need for justice, order, goodness, and unity. In his hierarchy of needs for self-actualisation, Abraham Maslow defines these as ‘Meta-needs’, crucial qualities that help people to develop to their potential.

Where is justice when power is acquired and sustained by force? Where is order when the roads are filled with disenfranchised protesters and thousands are demanding that their right to vote be taken seriously? It is laughable to expect the nation to be united when the ruling hierarchy itself is divided by their personal agendas and are incapable of investing energy in the well-being of the people. The previous democratic government was much maligned for detaining a judge who was regarded as corrupt and morally questionable. While this may have been ‘impolitic’ in the cut-throat business of staying in power, it is a refreshing sign that the people’s government had the moral fibre to act decisively in a question of right and wrong, rather than be intimidated by political expediency.

But why democracy?

Winston Churchill’s words that “Democracy is the worst form of government except all the others that have been tried” have often been used as an apology for democracy. It seems to suggest that democracy is the best of a bad lot and we may as well make do with it because nothing else works any better. But modern research and experience seem to suggest otherwise. ‘The Spirit Level’ written by researchers Richard Wilkinson and Kate Pickett is based on a variety of cross- country comparisons. They argue that greater equality does not only produce better outcomes for the poor.

“Equality,” they point out, “is better for everyone,” including the rich and the elite of the society. Their well-evidenced thesis shows that unequal societies suffer from more insecurity and status-related fears, which permeate through the whole society, destroying the positive influences of community living and lowering the spirit of the poor and the rich alike.

Although it is simplistic to assume that democracy provides a totally equal society, empowering the people of the country to decide the direction of their government and its policies are crucial pre-requisites for a healthy and inclusive society. The good health of a society is of huge benefit even for the rich as it provides a stable, educated and flexible workforce capable of keeping up with the demands of a constantly changing world.

Thomas Paine, in his treatise Rights of Man points out that representative democracy is the most inclusive and the fairest form of government. Three centuries later, this claim still holds good. Democracy opens the door for the utilisation of everyone’s energy, ideas, creativity and intelligence for the well-being of the whole population. Conversely, the raison d’etre of any autocratic government, as with the regime currently in power in the Maldives, is the preservation of their own privilege and exclusivity.

It is not a historical accident that the democratic movement, especially since the coup, has resonated strongly with the combined voices of women and the youth of the nation. Any successful society in the 21st century must address the needs of these two powerful, but traditionally over-looked groups. Islamic fundamentalism has been legitimised in the Maldives by the coup of February 7 which saw the regime’s cynical manipulation of a small group of radicals to overthrow the democratic government. The inclusive nature of democracy is also the only response to the mindless, patriarchal and antiquated agendas of these individuals who consolidate power and maintain their own personal self-esteem through the subjugation of such groups as women and youth.

As a form of governance, democracy has the added advantage of allowing a safe and disciplined transfer of power. Autocratic rulers, who invariably need to abuse basic human rights to stifle opposition and to stay in power, inevitably carry with them increasing political baggage. Just as with Gaddafi in Libya, Assad in Syria provides a contemporary example of an autocratic ruler who has little to gain but much to lose by relenting to the demands of those who see that his days are numbered. The only option open for him is to fight to the bitter end.

The fact that Gayoom has initiated a court case against an 82 year-old Maldivian historian who claimed that there were 111 custodial deaths in the 30 years of Gayoom’s rule is a timely reminder of how insecure autocratic rulers feel as they come to the twilight years of their political careers. The costs of this predictable path of action are staggering in human, social and economic terms; not just for the perpetrator of the crimes, but for the nation as a whole. Democracy, where the head of a government is decided by the consent of the majority of the people, is the only way of avoiding such a political quagmire.

Ultimately, however, it is a question of governance. In this context governance describes the methods a government use to ensure that citizens follow its processes and regulations. Good governance, like good parenting, is not simply a set of rules to achieve compliance through fear and punishment. Good governance is underpinned by a strong set of moral and social imperatives. It relies heavily on a series of ethical and social requirements such as justice and a shared vision by all its constituents. As abusive and violent parents enslave their children in a vicious cycle of similar behaviour, oligarchic systems of governance which portray that ‘might is right’, have a hugely negative and vicious impact on the citizenry.

Just as thirty years of life under Gayoom saw an increasing number of Maldivians lose their innate sense of fairness and compassion, Waheed’s recent sanctifying of the MNDF has ramifications for the type of society we live in and will continue to live in.

What the country needs is healing, justice and the voices of its populace to be heard. What is on offer is more imprisonment, more thuggery and more money being wasted in white-washing these actions. For many people, including large segments of the police force, MNDF and ordinary citizens, there is something extremely obscene in the disparity between what the country needs and the oppressive responses of the regime.

Maldivians have the courage and maturity to take risks and grow as a nation. The only way forward now is through an early, democratic election, before the powerful tentacles of autocracy reduce the country into another abyss of hopelessness, as it did for thirty years under Gayoom. History does not have to repeat itself.

Democracy is premised on the understanding that human dignity is an inherent right. But with the exception of a short period of three years under a fledgling democracy, generations of Maldivians have grown up and grown old with the belief that life is an inevitable submission to force, brutality and loss of dignity. Violence begets violence. It is an insidious force which destroys the very foundation of nationhood: justice, trust and compassion. To live wisely, the nation must attend to the welfare of all its citizens, not just a privileged few. The rule of the few must end. Government should be of the people. It should be by the people. And most importantly, it should be for the people.

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: The spy who came in from the coup

Law and order appears to have gone a bit schizophrenic in  the Maldives in the last few days. First the Maldives Police Service (MPS) arrested its intelligence head, Chief Superintendent (MC) Mohamed Hameed, on charges of ‘endangering internal security’ by disclosing classified information.

Hameed is alleged to have co-operated with the co-authors of ‘The Police and Military Coup’, an MDP-affiliated investigation into the events of 7 February 2012. The report was released in response to the current government’s ‘findings’ into the events, published so prematurely as to be available for public feedback even before investigations began.

The MPS says drafts of the Coup Report, along with commentary, were found in MC Hameed’s gmail account. Nobody has yet answered the question of why the MPS was snooping around in the man’s private email account in the first place. Is it normal for the MPS to spy on their officers?

Then the Criminal Court granted the MPS a five-day extension to Hameed’s detention. He was promptly taken to Dhoonidhoo, the Maldives’ most famous prison island.  Hameed’s lawyers lodged an appeal at the High Court on the same day but he was not granted a hearing until the fifth and last day of his detention. Three Justices agreed unanimously that he should be detained for five days, just hours before the five-day detention period expired.

Now, is it just me, or is it a bit difficult to get your head around the question of why the High Court would deign to deliver that judgement at that particular time?  Three more hours, and the detention order would no longer be valid anyway. So what was the eleventh hour High Court ruling for?

The High Court’s behaviour becomes all the more inexplicable in light of the fact that shortly afterwards the Criminal Court released Hameed. It saw no grounds to detain him further. All told, the judiciary does not seem to know quite what to do, with itself or with a problem like Hameed.

What is to be done with Hameed? Was he ‘spying for the enemy camp’ as some are alleging? Or is he a heroic whistle-blower? Is he to be jailed for life, or celebrated as a voice that stood up for democracy?

National security violation or whistle-blowing?

The MPS is alleging that by talking to the authors of the Coup Report, Hameed had facilitated an ‘intelligence leak’. Here’s a Tweet by pro-government blogger endorsed by  Police Commissioner Abdulla Riyaz.

Was it an intelligence leak?

The Coup Report does not name any names that are not in the public domain already as having been involved in the events of 7 February; nor does it reveal information a third party had not been privy to previously. What the report seems to have done, for the most part, is gather together scattered evidence already available on various platforms on the Internet and other media into a coherent single narrative.

It appears the authors shared their drafts with Hameed, and he acted as some sort of a proof-reader or a fact-checker. Double-checking what was in the report against what he saw and knew as the Intelligence Chief on 7 February. The MPS says it saw evidence of this in Hameed’s gmail account.

In the absence of an Official Secrets Act or whistle-blower legislation (any lawyer wanting to stop practising the art of silence is welcome to contradict or complement this), what is the most likely legal instrument that would be used for prosecuting Hameed?

The Police Act is a likely resource. It is what the MPS says Hameed violated. The Police Code of Conduct says:

4. Confidentiality

Information obtained during police duty should be confidential and not shared with a third party. Information about police operations and information contained within official police records should not be made public unless their exposure is lawfully ordered.

So, technically, Hameed was acting against the Police Code of Conduct when he liaised with the authors of the coup report.

But, what if he was co-operating in revealing a crime? In such a scenario, Hameed cannot be regarded as guilty of misconduct or any other offence, but becomes a whistle-blower. In the absence of a Maldivian legal definition, let’s go by the dictionary definition:

whis·tle·blow·er or whis·tle-blow·er or whistle blower (hwsl-blr, ws-)

n.

One who reveals wrongdoing within an organisation to the public or to those in positions of authority: ”The Pentagon’s most famous whistleblower is . . . hoping to get another chance to search for government waste” (Washington Post).

whistle-blowing n.

What the Coup Report alleges, and is the opinion shared by tens of thousands of Maldivians, is that the elected government of the Maldives was illegally overthrown on 7 February with the help of police mutiny. If so, providing information on how the police mutiny occurred is not a crime.

Besides, information relating to those events should not be an official secret or classified information. What could there be of more grave public interest than knowing how a government most voted for ended so suddenly and in such questionable circumstances?

Would Hameed not have given the same information to the Commission of National Inquiry if it had bothered to ask him? Would he be not sharing the same information with CoNI now that it’s work has begun at long last? Or is this a way of making sure Hameed is not able to freely speak to CoNI?

If the State were to go after Hameed, there is also Section 29 of the Penal Code:

Whoever attempts to commit or participates in or facilitates the commission of an act against the State shall be punished with imprisonment for life or exile for life or imprisonment or exile for a period between 10 years and 15 years.

An ‘act against the State’ is a term so broad that the act does not necessarily have to amount to an offence to be deemed punishable. The State, meanwhile, is defined as:

the Cabinet existing in accordance with the Constitution, People’s Majlis and collectively all agencies that are entrusted with the administration of those entities. This definition shall also include all property belonging to the State.

So, anyone who does anything about anything to do with the State, which the state deems to be ‘against’ it, can be jailed for life, or banished for life?

Then again, the above definition defines the State as ‘the Cabinet existing in accordance with the Constitution.’ Which means that, if this government is found to be illegitimate, the Cabinet cannot be seen as existing in accordance with the Constitution, and therefore, Hameed could not have committed an ‘act against the State’.

Which brings it all back to the Mother Question upon which all other questions depend: is Waheed’s government legitimate?

Should that question not be answered first before pursuing people who talk about it for espionage and/or defamation? Shouldn’t any information made public for the purposes of answering that question be deemed valuable rather than criminal? Shouldn’t holders of such information be regarded as vital witnesses to be protected rather than traitors to be prosecuted?

Every question that depends on ‘if this government were legitimate’ should take a back-seat to that of how the first democratically elected government ended on 7 February. Especially the question of who is the hero and who the villain.

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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