Tag: human rights commission

Parliament committee to investigate detention of underage orphanage minors in Maafushi prison

Maldivian Democratic Party (MDP) MP for Madaveli Mohamed Nazim has called on parliament’s national security committee to investigate the arrest of two minors living in the Villingili Orphanage.

The issue was discussed at the National Security Committee meeting on Monday. MPs decided to summon the head of the Department of Penitentiary and Rehabilitation Services (DPRS), the Ministry of Gender, Family and Human Rights, the Human Rights Commission of the Maldives (HRCM), and representatives from the Villingili orphanage.

The committee has summoned the heads of the authorities to appear on Tuesday night at 8:30pm.

In a letter to the chair of the committee, MDP MP ‘Reeko’ Moosa Manik, MP Nazim said there was public concern regardingthe arrest of the two minors.

The letter said that media reports regarding the arrest of the two minors revealed that HRCM and the Ministry of Gender, Family and Human Rights were in dispute over the issue.

Nazim asked the committee to publish details of its investigation on completion.

On January 17, HRCM called for the immediate release of two underage females living in the Villingili orphanage, who were arrested and sent to Maafushi prison.

Local media alleged the two girls, aged 15 and 16, were arrested on December 28, 2012, after escaping the orphanage in the middle of the night to fraternise with some boys.

HRCM asked the Ministry of Gender, Family and Human Rights to return the girls to the Villingili orphanage immediately, noting that their incarceration in Maafushi prison violated chapter 2, article 35[a] of the constitution.

The commission stated that government authorities had not cooperated with the commission’s investigation and had furthermore provided false information on the matter.

In response last Friday, the Ministry of Gender, Family and Human Rights issued a statement condemning the HRCM and alleging that its official who went to meet the two underage girls had forced them to talk about their past.

The ministry said it was considering taking legal action against the HRCM.

Later the same day the HRCM issued a counter statement, claiming HRCM officials who visited the jail were highly qualified.

Meanwhile, sources familiar with Maafushi prison confirmed to Minivan News that the two underage females had now been moved to a separate area of the prison, but were being kept with two other underage female inmates completing their sentences.

According to the sources, at least one man was arrested in connection with the same case as the two girls.

‘’The girls have not met the inmate [population], they have have met inmates who are participants in the handicraft workshop,’’ the source told Minivan News.

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Government requests international legal assistance to clean up judiciary

Following a protest-packed weekend during which politicians were attacked and journalists threatened, the Foreign Ministry has requested a senior international legal delegation from the United Nations Human Rights Commission (OHCHR) to help resolve the current judicial crisis in the Maldives.

“We have been working to improve the judiciary since we came to power, but we have not succeeded. We have asked the international community to assist us in this effort several times, and we find that they are willing to help at this point,” said Foreign Minister Ahmed Naseem.

The request was made following conversations with UN officials last week. According to a press statement, the delegation would be asked to help resolve “the immediate issues surrounding the detention of Justice Abdulla Mohamed, the Chief Judge of the Criminal court, and also the longer-term problems facing the Maldives’ judiciary and the failure of judicial accountability mechanisms under the Constitution.”

Following the detention of minority opposition Dhivehi Quamee Party (DQP) leaders, who had accused the government of behind-the-scenes dealings with Israel and Christian priests, and the arrest of Judge Abdulla Mohamed by military forces after he attempted to block his own police summons in the High Court, opposition party members took the streets last week in protest. DQP meanwhile approached various foreign embassies claiming their freedom of speech was being impinged.

In a statement released on Friday the European Union (EU) Heads of Mission in Colombo expressed concern over the judge’s arrest and “[called] on all parties in the Maldives to act in accordance with these principles and to refrain from inflammatory language or other action which could incite hatred.”

In response the Foreign Ministry cited the government’s efforts to reform the judiciary and oppose the use of hate speech, reiterating its interest in continued relations with the EU.

Stating that “the diplomatic community has received inaccurate information” regarding the political situation in Male’, the Foreign Ministry said it had delivered “accurate information” to foreign missions last week. Officials say those missions had received the news positively, had asked that “racial rhetoric” be stopped, and had not expressed concerns over the judge’s arrest.

Observing that judicial reform “really should come from the Judicial Services Commission (JSC)”, Naseem said the commission’s shortcoming are “now an issue of national security.”

In its statement the Foreign Ministry contended that “since its establishment the JSC has been unable to fulfill [its] constitutional mandate. For example, during the whole of 2010 the JSC failed to take action on any of the 143 complaints submitted to it. On the one occasion in late 2011 when the JSC did find that a judge (Justice Abdulla Mohamed) had failed to comply with the required standard of conduct and had been acting in a manner amounting to gross misconduct, the Civil Court issues an order (26 November 2011) preventing the proceedings.

“With that order, the Civil Court effectively removed the constitutional powers of the JSC. The JSC was made powerless by the very same people (judges) that it is supposed to oversee.”

In communications with the OHCHR the Foreign Minister said the Civil Court’s action highlighted “a systemic failure of the judicial checks and balances foreseen in the Constitution. This systemic failure led directly to the President’s decision [to arrest the judge].”

Parliament’s Independent Institutions Committee has been tasked with investigating the JSC’s “failings”. According to committee member Independent MP Mohamed Nasheed, hearings and interviews have been concluded and possible reformation of the JSC has been discussed.

“It’s the one institution that has not really taken off. It’s been bogged down with personality issues and procedural issues. Bring in a change of membership, some new blood, and give it a new chance,” he said.

Nasheed added that a provision allows for the appointment of foreign judges during the first 15 years of the new Constitution. Naseem said the requested delegation did not necessarily fall under the provision, but rather was expected to provide guidance according to the local situation.

Specifics of the delegation are unknown as the request was only recently made, however Naseem explained that “the planning and appointment process takes time, as we need individuals qualified to stay here for a long period of time.”

“We hope that with the help of Islamic judges the Maldives judiciary would be improved”, he said.

While representatives from opposition Progressive Party of the Maldives (PPM) could not be reached at time of press, Mulak MP Abdulla Yameen yesterday said the President has no authority to “meddle with” or enforce the nation’s judicial system, local media reported.

Opposition Dhivehi Rayyithunge Party (DRP) MP Ibrahim ‘Mavota’ Shareef today said “DRP will welcome any international participation to solve the situation at the moment.”

Shareef asserted that the Constitution is not in crisis, “only that President Nasheed has violated it. We’re very sure that the international delegation would hold him accountable because there is no way that President Nasheed is justified in what he is doing.”

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MDP Parliamentary Group considers no-confidence motion against HRCM

Maldivian Democratic Party (MDP) MP Mohamed Mustafa today said that the MDP Parliamentary Group was considering forwarding a no-confidence motion against the Human Rights Commission of the Maldives (HRCM) members, for failing to protect the human rights of citizens.

‘’We have noticed that the HRCM members that we appointed have failed to protect the rights of the citizens, and are more concerned about protecting the rights of particular persons,’’ said MP Mustafa. ‘’I am ashamed of HRCM for they have showed no effort in fulfilling the duty assigned to them.”

Mustafa referred to the recent incident where a 17 year-old boy was injured in a protest led by the MDP calling for judicial reform, during which the activists gathered outside former President’s house.

‘’HRCM did not even a say a word of sympathy to the young boy who was injured, they did not even visit the hospital to see him, but when police arrested the former President’s son Gassan Maumoon, they prepared a press statement,’’ he claimed. ‘’This shows what kind of things concern HRCM members.’’

Mustafa said that HRCM had another statement, as yet unreleased, calling on the MDP not to gather near the former President’s residence, and not to threaten the judiciary.

‘’But we have a right to protest, we conducted the protest in accordance to the laws,’’ he claimed. ‘’So there is no use of the current HRCM members and paying money to them is a big waste.’’

He called on the resignation of the commission members and said the commission would be “better with empty desks”.

‘’That day knives were dropped and pots filled with stones were thrown from the former President’s house, and a 17 year-old boy left disabled. He is very young and he is half-paralysed.”

President of the Human Rights Commission Mariyam Azra did not respond to Minivan News at time of press.

In August, a delegation from the Maldives headed by Attorney General Abdulla Muiz reported to the UN Committee on the Elimination of Racial Discrimination that the country’s Human Rights Commission “was one of the most active national institutions in Asia”.

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Vice President meets Sri Lankan President Rajapaksa during UN General Assembly

Vice President Dr Mohammed Waheed Hassan has paid a courtesy call on Sri Lankan President Mahinda Rajapaksa at the 66th session of the UN General Assembly in New York.

The Vice President’s Office later refuted reports that Dr Waheed discussed the Sri Lankan human rights situation with Rajapaksa during the meeting, following media reports quoting Sri Lankan officials to the contrary.

Haveeru on Tuesday quoted a senior Sri Lankan official as saying that during a meeting between Rajapaksa and the Vice President, Dr Waheed “assured that he will be supporting Sri Lanka’s stance on the human rights issue.”

The Vice President’s office later claimed the meeting was a courtesy call during which Dr Waheed said it was refreshing to  hear the Sri Lankan President talk about trade unions and north-south cooperation in his speech [to the UN], and that there was “no mention of the human rights situation in Sri Lanka.”

Sri Lanka is currently conducting an internal investigation of these allegations, which refer to acts of violence committed by both government and rebel forces in the final phases of Sri Lanka’s civil war.

Numerous human rights groups, including Amnesty International (AI) and Human Rights Watch (HRW), have rejected Sri Lanka’s investigation on the grounds that its Lessons Learnt and Reconciliation Commission (LLRC) does not meet international standards.

The British Broadcasting Corporation (BBC) has reported that human rights groups found the commission flawed because “its members were appointed by the government, it has no real mandate to investigate war crimes in the last stages of the conflict, lacks any mechanism to protect witnesses and falls short of minimum international standards of a commission of inquiry.”

The Sri Lankan government has denied committing any offenses. The Maldivian government said it supports Sri Lanka’s wish to solve internal issues without external involvement.

Today, the Maldives President’s Press Secretary Mohamed Zuhair issued a statement expressing support for the Tamil people.

“The President of the Maldives would like to express his good wishes to all Tamil people. The Tamil people have always been like brothers to Maldivians. The President would like to see peace and harmony in our region and has expressed his desire for all people to live peacefully together.”

Human Rights Watch recently applauded the Maldives as one of the seven most important countries on the UN Human Rights Council. It expressed puzzled concern, however, over the Maldives’ “regrettable” support of Sri Lanka at this time.

“The Maldives should revisit its approach on Sri Lanka in order to bring it in line with its otherwise principled approach to human rights at the Council,” said the report.

Minister of Foreign Affairs Ahmed Naseem said he did not wish to comment on the issue.

Meanwhile, UN secretary general Ban Ki-Moon has appointed a panel to advise him on accountability issues in Sri Lanka, reports the BBC. The Sri Lankan government rejected the panel, however, and said it would not issue visas to UN panel members visiting Sri Lanka.

The UN Office for the High Commissioner of Human Rights (OHCHR) today said they are urging Sri Lanka “to ensure there is a genuine accountability process to address the serious violations believed to have been committed during the last months of the  war in Sri Lanka.”  The OHCHR is waiting to see how member states take action on the issue, “but, of course, the United Nations hopes Maldives – like other UN members – will encourage Sri Lanka to address this important issue.”

Late last week, President Mohamed Nasheed met with Sri Lankan Prime Minister Disanayaka Mudiyanselage Jayaratne regarding the upcoming South Asian Association for Regional Cooperation (SAARC) summit, due to be held in Addu City in November. The heads of state also discussed ways to strengthen ties between the two countries.

The SAARC summit could afford the Maldives an opportunity to promote human rights in south asia, a region that is reportedly slower than others to adopt international human rights standards.

The Maldives recently became the 118th member of the International Criminal Court (ICC), a close partner of the UN.

“As a chair of the SAARC summit, Maldives will have quite an influence on South Asian countries attending this year’s event,” she said previously. “It will certainly be constructive in reviewing human rights, a key point we plan to address at the summit.”

Evelyn Balais-Serrano, Asia-Pacific Coordinator for the ICC’s advocacy NGO Coalition for the International Criminal Court (CICC), called the Maldives’ accession to the Rome Statute a significant step for human rights in south asia.

She noted that Sri Lanka is “a long way” from membership at the ICC.

ICC membership requires the Maldives to uphold ICC standards and rulings. “The Maldives cannot do anything if the ICC decides to investigate and put into trial the perpetrators of crimes in Sri Lanka,” said Balais-Serrano. “If suspected criminals from Sri Lanka seek refuge in the territory of the Maldives, as a state party to the ICC, the government is obliged to cooperate with the Court by arresting  the criminals.”

Sri Lanka’s findings are due for release on November 15.

Clarification: This story has been updated to reflect a clarification from the Vice President’s Office that human rights were not discussed at the meeting with Sri Lankan President Mahinda Rajapaksa.

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ICC membership expected to reform Maldivian judicial system

The Maldives has become the 118th country to adopt the Rome Statute of the International Criminal Court (ICC), the world’s first and only permanent international court with jurisdiction over crimes against humanity, crimes of aggression, genocide and war crimes.

The Maldives is the third state in South Asia to become an ICC member, following Bangladesh and Afghanistan. It is the ninth in the south asian region alongside Cambodia, Japan, Republic of Korea, Mongolia, the Philippines and Timor-Leste; plans to ratify the statute are advancing in Malaysia and Nepal.

Asia has been slower than other regions in adopting the ICC regulations, allegedly because they maintain the death penalty which is prohibited by the ICC. William R. Pace, Convenor of the Coalition for the International Criminal Court, said the Maldives’ decision to accede to the Rome Statue was a significant step for the region.

“It is vital that the momentum towards increasing respect for the rule of law and accountability for those responsible for the most serious crimes is seized by other states in the Asia-Pacific region, many of whom are close to joining the ICC,” Pace said in a press release. “Joining the Court represents a strong deterrent effect that will contribute toward the prevention of gross human rights violations in the Asia-Pacific region and to the global fight against impunity.”

Acceding to ICC regulations as defined by the Rome Statute has been a long process for the Maldivian government. In 2003, the Maldives took steps to reject its judicial authority.

Wikileaks cables published on 1 September 2011 cite the Maldivian government’s intent to “never turn over a US national to the International Criminal Court (ICC). The Maldivian government would not sign the ICC treaty and would not respect its claim to universal jurisdiction.” Other cables indicate that then president Maumoon Abdul Gayoom was seeking approval for a visit with then US President George W. Bush, allegedly to improve his chances of re-election.

Speaking to Minivan News today, the President’s Press Secretary Mohamed Zuhair said ratification of the ICC statute highlighted the different values of the current administration.

“For us, it’s transparency that is at the top of our priorities. So right now, our highest priority is to improve the judicial system of this country.”

The ICC covers major crimes which are widespread, systemic and of concern to the international community. The ICC does not deal with small cases, even if the victims may be in the hundreds.

Among the criteria for the ICC to take on a case in the Maldives is doubtful willingness and capacity of the country’s own judiciary to handle the case in question.

Zuhair said it was important for Maldivians to have access to an international judicial system. “Individuals who feel they have a complaint, even against a leader, could refer the complaint to the Maldivian judicial system or to the ICC. This is a big step for a country whose previous leaders have been accused of human rights violations. I believe their cases would be fairly addressed in the ICC,” he said.

Evelyn Balais-Serrano, Asia-Pacific Coordinator for the ICC’s advocacy NGO Coalition for the International Criminal Court (CICC) told Minivan News that ratification would support domestic legal reform, and that heads of state would face new levels of accountability.

“The ICC only deals with the big fish. In the past only the small fish may have been sacrificed to show a semblance of justice – but the ICC targets the highest level of responsibility: the head of state, generals, kings,” she said previously.

The Debate

In October 2010, the debate to join the ICC created sparks in Parliament.

MDP MPs condemned the “unlawful and authoritarian” practices of the previous government. Group Leader “Reeko” Moosa Manik referred to 2009 legislation protecting former presidents who he considered “the worst torturers in the country’s history,” and said the purpose of the international criminal court was to “arrest torturers like Maumoon [Abdul Gayoom], people like Ilyas Ibrahim [brother-in-law of the former president] who stole state property and funds, and Attorney Generals like Hassan Saeed who tried to hide it.”

MPs from opposition Dhivehi Rayyithunge Party-People’s Alliance (DRP-PA) said MDP MPs were overlooking the fact that Gayoom had never been reprimanded in a court of law, and accused the current administration of disregarding rules of law. MP Dr Abdulla Mausoom accused the MDP government of formulating policies only to “benefit certain people”, which he argued could be “considered a crime in international courts.”

The question of religion was also inflammatory. DRP MP Dr Afrashim Ali said convention should not be signed if it could lead to “the construction of temples here under the name of religious freedom.” Other MPs pointed out that several Muslim countries had not joined the ICC, and the MPs were concerned that ratification would “shatter Islamic principles” and encourage gay rights.

Shari’a experts in ICC signatories and Muslim countries Afghanistan, Jordan and Malaysia have not found conflict between the Rome Statute and Sharia.

On 14 June this year, Parliament voted almost unanimously to sign the Rome Statute of the ICC.

The Effects

Speaking to Minivan News today, Balais-Serrano pointed out that ratification of the Rome Statute was well-timed.

“As a chair of the SAARC summit, Maldives will have quite an influence on south asian countries attending this year’s event,” she said. “It will certainly be constructive in reviewing human rights, a key point we plan to address at the summit.”

The South Asian Association for Regional Cooperation (SAARC) summit is scheduled for Addu City in mid-November this year.

Balais-Serrano also pointed out that by ratifying the Rome Statute, governments are committing to adapt current domestic legislation to meet international standards. She said ICC members could receive “training of local judges and prosecutors and other officials responsible for lawmaking and implementation”, and hoped the Maldives would forward with judicial reform.

“The judicial system in Maldives can benefit from the rules and procedures by which the ICC operates, for example, in the nomination and election of judges, in the protection of witnesses and victims and in ensuring due process,” said Balais-Serrano.

She said that ICC membership would expand Maldivian court procedures. “One of the motivations of joining the ICC is to let go of a commitment to include the domestic judicial system alone. Now, Maldivians can also refer to the ICC provisions and regulations. This is a timely event for the Maldives to review domestic law while making the ICC a reference point.”

As an ICC member, the Maldives will be able to send judges and lawyers abroad for internships and exchange programs in member countries. Balais-Serrano said that all member countries are obliged to send employees to the ICC to learn and assist with proceedings.

International liability

ICC membership could affect international relations. The Maldives recently made news headlines by supporting the Sri Lankan government, which is facing war crimes allegations by international human rights groups. A report from UN Secretary General Ban Ki-Moon has raised the likelihood of an investigation by the Human Rights Commission.

A Relationship Agreement between the ICC and the United Nations calls the UN “potentially the most important partner of the ICC on various levels,” and suggests that investigations by the UN are based on the same human rights standards put forth by the ICC.

“The Maldives cannot do anything if the ICC decides to investigate and put into trial the perpetrators of crimes in Sri Lanka,” said Balais-Serrano. “If suspected criminals from Sri Lanka seek refuge in the territory of the Maldives, as a state party to the ICC, the government is obliged to cooperate to the Court by arresting  the criminals.”

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HRCM urges MPs to resolve disputes through dialogue

The Human Rights Commission of the Maldives (HRCM) has expressed concern with the forced cancellations and disruptions to parliament proceedings in past weeks, urging MPs to resolve disputes through peaceful dialogue and discussion.

In a press release issued today the commission notes that the enactment of several crucial pieces of legislation was needed to ensure the rights and freedoms enshrined in the constitution.

“In addition, the commission calls on all parties not to disrupt parliament proceedings or gather outside the parliament building, cause unrest and create difficulties to the security forces as gatherings are prohibited in the area,” it reads.

The HRCM urged all MPs to choose dialogue and discussion over confrontational politics.

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HRCM calls for government to provide permanent homes for tsunami victims urgently

The Human Rights Commission of the Maldives (HRCM) has expressed concern that Maldivian victims of 2004’s Indian Ocean tsunami have remained in temporary shelters ever since, calling on the government to urgently provide permanent housing for such people.

”It has caused the victims to face obstacles in gaining basic human rights and experience difficulties for a long period of time,” said the commission in a statement. ”The state should give high priority to provide shelter for the victims.”

The HRCM said that it met with people living in the temporary shelters, some of which it had learned were very old and in need of refurbishment. The commission claimed that some of the shelters did not have sewerage systems, meaning water supplies could have been polluted.

”Due to these reasons, these persons are at a disability from the right for education, the right for protection and safety and the right to establish family,” the HRCM said.

The commission added it had met with the country’s Centre for Disaster Management several times to discuss solutions for the complaints it had received.

”A naturally delicate country like the Maldives should always be well prepared for any disaster – natural or otherwise – that could potentially happen, and it is necessary for the Centre for Disaster Management to be ready to provide first aid urgently in case.”

The HRCM also said that there is also a potential risk of outbreaks of illness in the temporary shelters due to the living conditions.

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HRCM lacks a religious scholar: Adhaalath party

The Adhaalath Party has called on parliament and President Mohamed Nasheed to include a religious scholar in the Human Rights Commission of the Maldives [HRCM], as stipulated in the constitution.

“HRCM is an institute established according to the constitution of the Maldives. The constitution very clearly states how to appoint members for the commission,’’ said a statement issued by the party. “According to the constitution, the Human Rights Commission should consist of people with different skills, [one of which] is that there should be a person educated in the field of Islam.”

The lack of such a person was a “constitutional absence”, the statement said. “Therefore, members are currently being appointed for the commission, we appeal to the president and parliament to focus attention on including persons from different areas in the commission.’’

The party also said it hoped parliament and president would endeavor to keep independent commissions, such as HRCM, free from people of partisan political background.

Press Secretary for the President, Mohamed Zuhair, said that the president would give due consideration to the Adhaalath Party’s request.

”I think it is a requirement mentioned in the constitution,” said Zuhair, “and of course the president gives high priority to requirements mentioned in the constitution.”

The parliament last week appointed three members for the HRCM, out of eight names proposed by the president.

The three members appointed for HRCM were Maryam Azra Ahmed of Maafannu Hukuradhige, Jeehaan Mahmood of Dheyliyage in Hinnavaru of Lhaviyani Atoll and Ahmed Thalal of Henveiru Adduge. Former President of HRCM Ahmed Saleem was not approved by the parliament.

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Comment: Toothless Civil Society

When a people’s liberties are suspended whenever there is an emergency, there is a word for that: dictatorship. There is a line between democracy and dictatorship – and over the course of the last week we came dangerously close to stepping over it.

Not necessarily because of the President’s actions, the incarcerations, or the now common place parliamentary upheaval, but because those who should have spoken out remained silent.

Yes, you in the civil society need to raise your voices. Raise your voices to demand explanations, protest abuses, and safeguard the right to criticise a sitting government.

Instead of raised voices, however, we have only heard silence. And this started from the moment this affair began. The President’s office holds a press conference where the entire cabinet resigns, the President asserts his supreme authority to find justice, and what does the media say? Do they question the legitimacy of the action? Do they ask what this will mean for the peace in this nation? Or even whether the government expects demonstrations in retaliation and how the President (now the only civilian authority over the police and army) will respond?

No. They stay silent. Well, practically silent. The hardest hitting question was “does this mean your government is a failure?”

Really? Good job guys.

But who can blame the fledgling media groups in this nation. Unaccustomed to true democracy, they are not the ones who are directly tasked with protecting and asserting our democratic rights and ensuring this transition from autocracy to democracy actually works out. Who does this benevolent task fall to?

Civil Society

Organisations such as Transparency International, Democracy House, Open Society Association, and the newly renamed Maldivian Democracy Network all claim to safe guard democracy.

To work for its betterment – and yet civil society remained silent. Even Jamiyathul Salaf, who seem to have religious edicts about everything, stayed silent.

We have seen allegations of corruption first leveled by the executive branch against the legislative branch and then visa versa. We have not only seen wire-tapping where private conversations were recorded without warrants and outside of due process, but also seen them leaked to the public, indicating that civilian/partisan individuals had access to them.

We are witnessing a power struggle between executive and legislative branches with neither side realizing that they are both part of one government. And we see a judiciary that is caught in the middle and being accused of being susceptible to political influence.

We see the army working side by side with the police in the capital, outside of their mandate. We see all the things that would be any democracy fighter’s dream. The perfect excuse for a civil society group to put their two cents in, allowing them to claim they are meeting their own mandates. But instead we have silence and even some amount of fear.

The Fray

Civil society seems to be afraid of jumping into the fray. Of being labeled as being inclined towards one political party or another. Instead they give no comment and it is not hard for one to come up with excuses for why they should not comment at all.

Firstly, everyone must realise that this is a highly charged political atmosphere where any statement at all will be seen as aligning with one group or another.

Secondly, no formal charges have been brought against the three Members of Parliament (MPs) who have been detained. Instead, all that we have seen is allegations being flung about – none of which are easy to comment on.

And finally the questions: can’t there be levels to democracy? Where we move gradually towards it? After all, have any laws actually been broken?

The Other Side

The argument could be made however, that one cannot wait to evaluate. That civil society organizations are supposed to have principles and ideals that they adhere to above all others. And unlike political parties who can take time to organize, reflect, and adjust their values – civil society act on the basis of whether their values have been violated or not.

Does the MNDF’s involvement in everything that transpired adhere to their values? Was it okay for the MNDF to send a letter explaining why MPs could not go to Parliament in clear violation of their constitutional rights?

Was there any risk assessment that was done? And is there any level of alertness that we should be on? Do they have any questions about people’s conversations being tapped? Who else is being targeted? How does this feud between the executive and legislative affect the people? And who is responsible for failed policies?

My point is not that the executive branch has acted inappropriately, but rather that they have not been sufficiently grilled by the right people. My point is that civil society is an important part of our democratic transition, and right now they are slacking off.

I’m sure the government could post adequate answers to the questions posed, but my point is that the questions need to be asked in the first place from the right actors.

One Government

And it is also about more than just the executive branch. The civil society is responsible for explaining and helping us to define our government’s role. They are also responsible for reminding us that both legislative and executive branches are part of one government and that the failure of one aspect will make all of it fail.

We are in desperate need of this reminding. I walked out onto my balcony day before yesterday to watch protesters with underwear on their heads, supporting the arrest of our Deputy Speaker of Parliament – Ahmed Nazim.

These are protests that the nation believes is sanctioned by the executive branch. And they had underwear on their heads.

Forget the man for a second, and realize that Nazim is the Deputy Speaker of Parliament. He is third in the line of succession for the Presidency. And while it would be a black mark on our country’s record to have him in this position if he is in fact guilty of all that is accused of him, we cannot assume guilt. We cannot disrespect the office the people of this nation gave him. And we cannot forgo all measures of dignity and justice.

We are one government and should all be held accountable. And you, civil society, need to step up your game and live up to your values. Democracy’s survival is in your hands, and if it fails you will share the blame.

http://www.jswaheed.com

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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