UN urged to condemn guideline for human rights watchdog

A New Delhi-based human rights NGO has called upon the UN human rights council to condemn a Maldives Supreme Court judgment barring the human rights watchdog from communicating with foreign organisations without government oversight.

In a letter to the council’s president Joachim Rücker, the Asian Center for Human Rights (ACHR) urged the UN to “take measures to rescind” the apex court’s judgment and to ensure accountability by “bringing the perpetrators, i.e. judges of the Supreme Court who initiated the suo moto proceedings against the Human Rights Commission of Maldives (HRCM) to, justice.”

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

The ACHR warned that the “act of reprisal” against the HRCM for “cooperating with the Universal Periodic Review (UPR) is unheard of and will set dangerous precedent across the world” if the UN human rights council fails to condemn it.

The 11-point guideline states that the HRCM must protect unity, peace and order, and uphold Maldivian norms, faith, etiquette and the rule of law.

The Supreme Court also said that the HRCM must not overstep its mandate, while ordering the independent body to cooperate with government institutions, communicate with foreign bodies through the relevant government institutions, and protect the Maldives’ reputation.

The verdict “has the potential to frighten the national human rights institutions and encourage dictatorial regimes across the world to take such repressive measures to prohibit cooperation with the United Nations human rights mechanisms,” read the ACHR’s letter.

The ACHR has special consultative status with the UN Economic and Social Council and provides information and complaints to national human rights institutions and the United Nations bodies and mechanisms.

In its submission to the UN Universal Period Review, the HRCM said the Supreme Court controlled and influenced the lower courts to the detriment of the Maldivian judiciary.

Days after the report was publicised, the Supreme Court brought charges against the HRCM members under controversial suo moto regulations that allow the apex court to prosecute and pass judgment.

Chief Justice Abdulla Saeed said the September 2014 report by the HRCM was biased and undermined judicial independence in the Maldives.

The HRCM’s submission to the UPR was based on reports by the UN Special Rapporteur on the Independence of Judges and Lawyers Gabriela Knaul.

The apex court said it had previously rejected Knaul’s report as invalid and reprimanded the HRCM for its alleged failure to consult the Supreme Court in writing the UPR submission.

The government has meanwhile defended the court’s judgment, insisting that the court’s decision “clearly stresses” the commission’s independence.

The foreign ministry said the guidelines “do no stipulate, in any specific terms, any restriction or limitation on the HRCM’s ability to submit reports to the UN or any other national or international organ in the future.”

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MDP proposes Indian mediator for all-party talks

The main opposition Maldivian Democratic Party (MDP) has proposed asking the Indian government to assign a mediator for all-party talks in the Maldives.

MDP MP Imthiyaz Fahmy told the press today that the party believes an independent mediator is important to ensure a positive outcome. Fahmy said the mediator should be acceptable to all sides.

“India’s role has always been very important in resolving every challenge facing the Maldives’ political sphere. If a mediator could be arranged from India, we believe it will increase confidence both for the government and the MDP,” he said.

The talks between the government and MDP are due to begin after the opposition party agreed to enter negotiations without former President Mohamed Nasheed as a representative. The government had rejected the opposition leader as a representative on the grounds that he is serving a 13-year jail sentence.

Nasheed was transferred to house arrest this week in an apparent step towards political reconciliation.

Fahmy said the MDP will propose five papers for discussion with the government tomorrow, including a proposal for changing to a parliamentary system.

The MDP national council had compiled a draft paper earlier this month laying out a roadmap for political reconciliation. The paper had proposed transferring jailed opposition leaders to house arrest as a measure to build confidence and trust between the government and opposition.

The MDP’s proposals include conducting the talks among all political parties, including the ruling Progressive Party of Maldives (PPM), dropping charges against opposition supporters arrested from protests, reinstating opposition supporters fired for attending protests, and reviewing disciplinary action taken against opposition councillors.

Other areas of discussion include reforming the judiciary through reviewing the composition of the Judicial Service Commission, restraining the powers of the Supreme Court, and setting a university degree as the minimum qualification for judges.

Under the party’s proposal for shifting to a parliamentary system, President Abdulla Yameen would remain the head of state and the current parliament would remain unchanged, Imthiyaz said.

The ruling coalition with its comfortable majority of 48 seats in the 85-house can designate a prime minister, he added.

Fahmy said the political instability the Maldives has experienced since the first multi-party presidential election in 2008 stemmed from shortcomings in the presidential system.

Coalitions led by the MDP and the PPM had won the 2008 and 2013 presidential elections, respectively, but soon disintegrated, Fahmy noted, contending that coalitions were incompatible with the presidential system.

The MDP is also proposing re-appointing members to independent commissions through consensus among political parties and formulating foreign policy to ensure peace and security in the Indian Ocean.

The Maldives should not be overly dependent on China and stay clear of “disagreements and disputes between India and China,” Fahmy said.

Both the MDP and Amnesty International has previously sought Indian pressure to secure the release of jailed opposition politicians.

The ruling coalition at the time condemned calls for Indian intervention as “irresponsible” while foreign minister Dunya Maumoon expressed confidence that India “will not intervene in domestic politics of Maldives.”

Following Nasheed’s arrest and prosecution on controversial terrorism charges in February, Modi dropped the Maldives from a tour of Indian Ocean neighbours in early March.

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Omnia Strategy helping government respond to UN working group on arbitrary detention

UK-based international law firm Omnia Strategy is providing legal advice to the government in responding to a petition filed by former President Mohamed Nasheed at the UN working group on arbitrary detention.

The opposition leader’s international legal team is seeking a judgement declaring his imprisonment arbitrary and unlawful. The government has been asked to respond before the first week of July.

The government previously said the law firm owned by Cherie Blair, the wife of former British prime minister Tony Blair, was hired to “advise on strengthening the legislative framework” for democracy consolidation.

The foreign ministry said today that Omnia Strategy has “carried out a two weeks research mission in Malé and has been invited to review the current legal and constitutional framework in line with international standards and in particular to assist the government in preparing a response to the communication filed by former President Nasheed to the UN working group on arbitrary detention.”

Speaking at a press conference with foreign minister Dunya Maumoon this afternoon, Toby Cadman, a partner at the law firm, said due process was followed in Nasheed’s trial and that the government has prepared its defence.

The former president was sentenced to 13 years in prison over the military’s detention criminal court chief judge Abdulla Mohamed in January 2012.

“If the offence had occurred in the United Kingdom the former President could have been charged with an offence of kidnapping or false imprisonment, an offence which carries a maximum penalty of life imprisonment,” said Cadman.

“Throughout the legal proceedings against former President Nasheed, his constitutional right to effective legal representation has been guaranteed and when his legal representatives boycotted the proceedings, the former president was repeatedly reminded of his right to alternative legal representation”.

Cadman also said that Nasheed was not kept in solitary confinement, but was “detained in a facility that would not only meet international best practices, but arguably far exceed any acceptable level.”

Nasheed’s conviction on terrorism charges after a 19-day trial was widely criticised over apparent lack of due process. International pressure on the government to release the former president and other “political prisoners” have been mounting in recent weeks.

The European parliament and US Senators John McCain and Jack Reed have called for Nasheed’s immediate release.

Briefing the press in Washington DC after filing the petition in late April, Nasheed’s lawyer Amal Clooney said the terrorism trial violated due process and compromised the basic guarantee of presumption of innocence.

Amal said that the court had said that there was no need to call for defence witnesses because such witnesses “would not be able to refute the evidence submitted by the prosecution”.

“This tells you everything you need to know about the process. Because why call a defense witness, if you already know that the verdict is going to be guilty,” she said.

Following the government’s announcement that it has enlisted Omnia Strategy earlier this month, Nasheed’s Maldivian Democratic Party (MDP) expressed “disgust” with the law firm’s decision to represent President Abdulla Yameen’s administration.

Omnia Strategy also advises the governments of oil-rich Gabon and Kazakhstan. Gabon’s president, Ali Bongo Ondimba, was elected in 2009, after his father who ruled over the country for 42 years died in 2009.

MDP international spokesperson Hamid Abdul Ghafoor said the international community was “united in its condemnation of the Yameen regime’s thuggery and un-democratic behaviour.”

“The UN High Commissioner of Human Rights, the UN Special Rapporteur on Judges and Lawyers, India, The US Senate, the European Parliament and Amnesty International and many others have vigorously denounced the abuses to human rights and democracy by Yameen’s regime,” he said.

“It is hard to believe that Cherie Blair would want to keep company with such thugs of ill repute. It is unethical for Blair to work for this regime. No doubt she is being paid a small fortune, to help wash the blood off Yameen’s reputation.”

He added that the current administration “appears to have hired the most unethical and profiteering mercenaries money can buy.”

Dunya told the press today that the law firm’s fees and expenses will be revealed when its work is complete.

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Joyous celebrations on MDP’s tenth anniversary

Photo by Ahmed Azim

Supporters of the Maldivian Democratic Party (MDP) held a joyous celebration of its tenth anniversary with a march in the capital Malé on Friday night.

Hundreds clad in yellow t-shirts and carrying yellow flags danced on the streets of Malé to live music. There were multiple lorries carrying a DJ, a mirror ball and a band of drummers.

The MDP is the first political party to register in the Maldives. With 46,608 members, it is the largest political party in the country.

The march ended with cake cutting at the Artificial Beach.

At the center was Mariyam Manike, who triggered pro-democracy protests in 2003 by throwing off the funeral shrouds that covered her son’s tortured body. Evan Naseem, 19 years, was beaten to death by prison guards.


Photos by Ismail Humaam Hamid

MDP supporters marched on Malé’s thoroughfare Majeedhee Magu, but took a detour down the side streets near the residence of ex-president Mohamed Nasheed, who is currently under house arrest.

Nasheed was sentenced to 13-years in jail on terrorism charges in March. His arrest and imprisonment triggered a long political crisis with daily protests. The opposition leader’s transfer to house arrest appears to signal a thaw between the opposition and the government.

“As we celebrate our tenth anniversary, we are once again at a crossroads. Every member of this party is fully aware of where this country is at and what has happened to me. The courage we require for the journey ahead has been measured. Our destination is clear,” Nasheed said in a written message to his supporters.

“It is MDP members who are most aware of the journey we must make to our destination. There are none more experienced and more capable to undertake this journey.

“The path to realizing the dreams of the Maldivian people lie with organizing ourselves as political party. The Maldivian Democratic Party will change the Maldives.”

Supporters at the march celebrated the party’s achievements, including an end to torture in jails, the fight for civic freedoms, introduction of modern election campaigns and manifestos, decentralized governance and a tax regime.

The first president of the MDP, Ibrahim Ismail said: “Members of MDP, you should all be proud today, to have preserved against adversity and come this far.”

MDP Chairperson Ali Waheed missed out on the celebration as he is in the UK over fears he may be arrested and charged with terrorism.

Celebrations also took place all over the country, including in Addu City, the islands of Fuvahmulah, Kolamafushi, Alifushi, Bilehfahi, Naifaru and Isdhoo.

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PPM to file no-confidence motion in vice-president

MPs of the ruling coalition have officially endorsed a petition seeking a no-confidence vote in vice-president Dr Mohamed Jameel Ahmed.

The motion has already gained 47 signatures and will be submitted to the People’s Majlis today, said the parliamentary group leader of the ruling Progressive Party of the Maldives (PPM) Ahmed Nihan.

The motion will require a two-third majority or 57 votes to pass.

The PPM and its ally the Maldivian Development Alliance (MDA) control 48 seats in the 85-member house, and will need the backing of the opposition.

Jameel was not responding to calls at the time of going to press. He is reportedly abroad. The President’s Office on Thursday said President Abdulla Yameen had authorized a medical leave for his deputy.

Ruling coalition MPs have publicly accused Jameel of incompetence and disloyalty.

Some opposition politicians have claimed President Yameen is fatally ill and wants a more loyal deputy ahead of a life-threatening surgery. The PPM is seeking to replace Jameel with tourism minister Ahmed Adeeb.

But Nihan dismissed rumors over the president’s health. “He is very fit. There is no truth to these rumors.”

He said MPs are unhappy with Jameel over his alleged failure to defend the government during an opposition demonstration in Malé on May 1. Nearly 200 people were arrested from the historic 20,000-strong march.

“The opposition was making gross accusations against the government. But Jameel did not make any move to defend President Yameen, he did not say a word, but instead left Malé on that day,” Nihan alleged.

Opposition supporters had been protesting against the imprisonment of ex-president Mohamed Nasheed and other politicians.

Nihan said that he had attempted to reach Jameel by telephone on Thursday night, when a ruling party MP first started collecting signatures for the no-confidence petition. But the vice-president had not responded by the next day, he said.

MPs of the ruling coalition held a meeting at 10:30pm on Friday to officially endorse the petition. Some 33 MPs had unanimously voted in favor, he said.

Translation: “PPM and MDA members vote unanimously to submit a no-confidence motion in VP Jameel.”

For the parliament to consider the removal of the president or the vice-president, a resolution with the signatures of one-third of MPs is required.

The parliament can then set up a committee to investigate the claims laid out in the motion. The Constitution states that at least 14 days notice must be given to the president or vice-president before the debate.

He or she is also granted the right to defend themselves, both orally or in writing.

Jameel has been silent on the accusations made against him.

According to Nihan, the 47 signatures on the no-confidence petition include that of MPs of the opposition Maldivian Democratic Party (MDP) and the Jumhooree Party.

The opposition’s backing appears to signal a move towards reconciliation. Former president Nasheed was transferred to house arrest last week.

Two days later, the opposition voted to back the first constitutional amendment, setting new age limits of 30 to 65 years for the presidency and the vice-presidency.

Tourism minister Adeeb, who turned 33 in April, was ineligible for the position as the constitution previously stated that presidential candidates and their deputies must be 35 years of age.

The government then extended Nasheed’s house arrest for eight weeks, but said it was because doctors are concerned over the opposition leader’s health.

The MDP has meanwhile agreed to the government’s demand to exclude Nasheed as a representative in talks. But a party spokesperson said MDP hopes Nasheed will be able to join at a later stage.

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Government seeks international engagement in conciliatory policy shift

The government has assured its commitment to “constructive engagement” with international partners and “structured political dialogue” with opposition parties in a conciliatory shift in policy.

The foreign ministry noted in a statement yesterday that imprisoned former President Mohamed Nasheed has been transferred to house arrest for eight weeks and pledged to keep the international community informed of the opposition leaders’ condition under a “broader commitment to strengthening transparency and dialogue.”

“This commitment to dialogue and cooperation with the international community is reflected in the government’s desire to foster strong and constructive relations with the opposition political parties in the Maldives,” the foreign ministry said.

“As with the development of reforms, the government recognises that the promotion of open and inclusive dialogue of this kind will take time. The government will continue to engage constructively with its international partners, and in particular with the Office of the UN Secretary General, European Union and the Commonwealth.”

The government had initially reacted to international criticism of Nasheed’s prosecution by dismissing statements expressing concern with the terrorism trial as “biased” and alleging undue interference in domestic affairs.

“The government of President Abdulla Yameen Abdul Gayoom will not take instructions from a foreign government on any issue in governing the country,” foreign minister Dunya Maumoon had declared in February, urging foreign countries and international organisations to “refrain from acts and signals that could undermine the sovereignty of independent states.”

In April, President Abdulla Yameen urged the armed forces to defend his administration claiming international pressure is undermining the Maldives’ sovereignty and weakening the rule of law.

The arrest of former President Nasheed and ex-defence minister Mohamed Nazim in February and the pair’s subsequent imprisonment on terrorism and weapons smuggling charges, respectively, triggered a political crisis with daily protests, mass anti-government demonstrations and hundreds of arrests.

Yesterday’s statement noted that President Yameen has asked UN secretary general Ban Ki-moon to send a team to the Maldives to help resolve the crisis.

“President Yameen reiterated his pledge to ensure that a process of structured political dialogue with the opposition parties is realised,” the foreign ministry said.

International pressure has been mounting on the government in recent months to release “political prisoners.” Nasheed’s transfer to house arrest this week appears to be a step towards political reconciliation.

In April, the European parliament adopted a resolution calling for Nasheed’s release while earlier this month Senators John McCain and Jack Reed urged the US government to press for the opposition leader’s release.

UK Prime Minister David Cameron became the first head of government to call for Nasheed’s release yesterday.

In a tweet this afternoon, the foreign ministry said that minister Dunya spoke with UK Minister of State at the Foreign and Commonwealth Office, Hugo Swire, today and offered updates on the Maldives’ situation.

“She noted that there are no political prisoners in the Maldives,” the foreign ministry said.

President Yameen also told the UN secretary general that there are no political prisoners in the Maldives

Jailed opposition politicians were convicted of criminal offences, he said.

According to the foreign ministry, the president assured Ban Ki-moon that the government was ready to engage in talks with Nasheed’s Maldivian Democratic Party.

The conciliatory statements follow the enlistment of a law firm owned by Cherie Blair, the wife of UK’s former prime minister Tony Blair, to “strengthen the legislative framework of the government.”

The foreign ministry said yesterday that the government “considers its obligations towards legislative, constitutional and judicial reform as an integral part of its development plans”.

“As is the case for every state, successful and far-reaching reform takes time. This is especially true in a small state with limited resources; however, the Government remains committed to sustaining and building on the current rate of progress that has already been achieved in the Maldives,” the foreign ministry said.

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MDP agrees to begin talks without Nasheed

The main opposition Maldivian Democratic Party (MDP) has decided to begin talks with the government without former President Mohamed Nasheed as a representative.

The government had rejected Nasheed as the MDP’s representative on the grounds that the opposition leader is serving a 13-year jail sentence. He was transferred to house arrest this week.

MDP spokesperson Imthiyaz Fahmy told the press today that the party’s national executive committee decided to proceed with the talks last night with the expectation that Nasheed will be allowed to participate at a later stage.

“The decision was made after discussions with Nasheed as well. He did not want to be a barrier to discussions between the party and the government,” said Fahmy.

Parliamentary group leader Ibrahim ‘Ibu’ Solih will be the sole MDP representative at talks.

Fahmy said the MDP’s main demand is the withdrawal of charges against opposition politicians and supporters arrested from protests.

Some 400 people have been arrested since Nasheed’s arrest in February and many face criminal prosecution, he said.

Fahmy said the charges against opposition protesters was a major concern for the party.

The opposition MPs’ backing of a constitutional amendment to set an age limit of 30 to 65 years for the presidency and vice presidency yesterday was widely perceived to be part of a deal made in exchange for Nasheed’s transfer to house arrest for two months.

Fahmy said at today’s press conference that despite “misgivings,” the MDP parliamentary group had voted in favour of the amendment as a confidence building measure ahead of the talks with the government.

“We believe compromise is a very important part in a democracy,” he said.

President Yameen had called for separate talks with the three allied opposition parties last month to resolve the ongoing political crisis, two weeks after a historic anti-government demonstration on May 1.

The MDP had proposed Solih, Nasheed, and chairperson Ali Waheed as the party’s representatives. Waheed is currently overseas in the UK along with Jumhooree Party (JP) deputy leader Ameen Ibrahim and council member Sobah Rasheed.

The JP leaders have been charged with terrorism over the May Day mass protest. The pair, along with Adhaalath Party president Sheikh Imran Abdulla, are accused of inciting violence in their speeches during the rally.

Meanwhile, Nasheed’s lawyer Hassan Latheef said today that the former president believes he will able to contest in the 2018 presidential election.

Latheef also said that he expected a positive development in Nasheed’s case at the UN working group on arbitrary detention in September. Nasheed’s legal team had filed a petition urging the working group to declare his detention unlawful and arbitrary.

Opposition politicians are describing Nasheed’s transfer to house arrest this week and the vote for the constitutional amendment as a first step towards political reconciliation between Yameen’s government and the opposition.

The ruling coalition is seeking to replace vice president Dr Mohamed Jameel Ahmed with 33-year-old tourism minister Ahmed Adeeb.

Before yesterday’s vote, pro-government MPs had publicly accused Jameel of disloyalty and incompetence. A Progressive Party of Maldives MP called on Jameel last night to resign or face impeachment.

Opposition politicians and some media outlets have meanwhile claimed that President Abdulla Yameen is seeking a loyal deputy ahead of a life-threatening surgery. The government, however continues to deny rumors over the president’s health.

 

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UK PM is first head of government to call for Nasheed’s release

British Prime Minister David Cameron has urged the Maldives to release jailed ex-president Mohamed Nasheed and other political prisoners.

Cameron is the first head of government or state to demand Nasheed’s release. In a tweet following a meeting with Nasheed’s wife Laila Ali and lawyer Amal Clooney in London on Wednesday, he also called for political dialogue in the Maldives.

Cameron’s tweet appears to signal an important shift in the UK government’s stance on the Maldives. While the UK has continued to raise concern over the apparent lack of due process in Nasheed’s rushed trial on terrorism charges, it had previously stopped short of calling for the opposition leader’s release.

In 2011, Cameron described Nasheed as his “new best-freind.” His Conservative Party has helped Nasheed’s Maldivian Democratic Party with election campaigns and party building.

Nasheed has since been transferred to house arrest for eight weeks on the doctor’s advise. The opposition leader’s imprisonment had triggered a political crisis with daily protests and the arrests of hundreds of opposition supporters.

Diplomatic pressure has been growing on President Abdulla Yameen’s regime over a deteriorating human rights situation in the Maldives.

US Senators John McCain and Jack Reed, who chair the Senate Armed Forces Committee, on June 2 urged the US government to press for the opposition leader’s release and warned that the Maldives’ decisions are “having serious adverse consequences on its relationships abroad.”

In April, the EU parliament adopted a resolution calling for Nasheed’s freedom, and requested member countries to warn travelers on the human rights situation in the Maldives.

According to a statement by Nasheed’s office, Laila also met with Hugo Swire, the minister of state, foreign and commonwealth office on Wednesday.

In April, Laila also filed a petition with the UN working group on arbitrary detention requesting a judgement declaring Nasheed’s detention illegal and arbitrary. The UN has now asked President Abdulla Yameen’s government for a response.

Nasheed’s transfer to house arrest this week appears to be a first step towards political reconciliation between Yameen’s government and the opposition.

President Yameen maintains he has no constitutional authority to release Nasheed, and says he must exhaust all appeal processes before a clemency plea could be considered.

On June 18, the government announced it had hired a law firm owned by Cherie Blair, the wife of UK’s former prime minister Tony Blair, to “strengthen the legislative framework of the government.”

Meanwhile, UK MPs continue to raise concern Nasheed’s imprisonment at Westminster. Most recently, on June 23, a Labor MP asked for an update on the current political situation in the Maldives.

In a written reply, Swire said he has been in touch with foreign minister Dunya Maumoon and that the UK government receives regular reports on the Maldives, including from the High Commission in Colombo.

“I called Foreign Minister Dunya on 11 June to press for an even handed government response. We understand that the protests remained largely peaceful and were conducted in accordance with police instructions. Nevertheless, twelve men including Mr Ahmed Mahloof MP were arrested,” he said.

“We have expressed our concerns about the rushed trial of former President Nasheed, which appeared to contravene the Maldives’ own laws and practices, as well as international fair trials standards. Nasheed sought for clemency from the President on 15 June.

“The UN Working Group on Arbitrary Detention is currently investigating his case. We are also concerned at the arrests, trials and convictions of other opposition figures and that these also fail to meet local and international standards,” Swire added.

Correction: This article’s headline previously read that the UK Prime Minister is the first head of state to call for Nasheed’s release. PM Cameron is head of the government, not the state. 

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Comment: Whose pragmatism? Which principles?

It is surprising that some have attempted to justify Wednesday’s constitutional amendment to change age requirement for the offices of president and vice president on its substance.

The efforts to amend the constitution by putting an age limit for the president and vice president and by giving the powers to the president to appoint and dismiss vice president, curtail electoral rights. This includes the right to elect the vice president and the right to contest political office. These efforts are also dictated by the whims and wishes of the government of the day, not by any widely felt need for democratic reforms to the constitution.

However, it is more baffling the amendment has been defended on the basis of “pragmatism”. This is because this amendment is directly related to the failure of opposition’s “pragmatism”. One is forced to wonder whose “pragmatism” does the vote serve?

Whose pragmatism?

Nebulous words like “pragmatism” hardly clarify what the constitutional amendment is about.

The amendment is not simply about the removal of the current vice president. It is about President Abdulla Yameen’s desire to fully control and perpetuate political power. The amendment is yet another attempt, on President Yameen’s part, to eliminate serious, potential presidential candidates.

There was a reason why former president Maumoon Abdul Gayoom rejected it, and pointed to the unacceptability of setting age limit to 65 years. This not only disqualifies Jumhooree Party leader Gasim Ibrahim, it also disqualifies Gayoom himself, and Yameen’s long-time political rival, Ilyas Ibrahim, as presidential candidates.

One is therefore forced to ask whose “pragmatism” this vote serves?

Yameen could have attempted an old style illegitimate dictatorship. But this vote, with its appearance of democratic agency and a position of bargaining power on opposition’s part, seems to be typical to his type of new despotic regime, ruled through a veneer of legitimacy, fully utilising democratic discourses, formal institutions and other antics of democracy.

One could therefore call the success passage of the amendment Yameen’s “pragmatism”, not Maldivian Democratic Party’s or JP’s.

Political pragmatism indeed assumes the belief that one has agency and one is in a position of power to somewhat direct things. However, the opposition acted not from the belief they were in a position of power or real agency.

The vote to pass the amendment was an outcome of complete disillusionment, if not distrust, in what ordinary people are capable of achieving. It was also an outcome of the belief the international community has failed to act against the rise of Yameen’s new despotism.

In other words, it was an outcome of the belief there was no power and democratic agency in politics through ordinary people or the so-called international promoters of democracy.

The vote is therefore not opposition’s pragmatism. It is their defeatism.

Why defeatism?

It is easy to put blame on ordinary people when their mobilisation could not be sustained or the mobilisation could not achieve one’s unclear goals.

Yet sustaining political mobilisation for major changes requires certain common ideals. At the very least, it requires common sensibilities and affects.

From the beginning, MDP defined their political mobilisation against Yameen’s government based on “pragmatism”. For example, the alliance with JP, who had stolen the first round of presidential elections in 2013, was defended on “pragmatism” based on common “interests”.

But a group capable of sustaining political mobilisation effective to bring major positive changes cannot rely on “pragmatism” based on narrow “interests” alone. A set of shared ideals for a shared political future is necessary to sustain mobilisation. The opposition not only lacked these shared ideals. It is also not altogether clear they held any political ideals individually, beyond rhetoric such as “In Defence of the Constitution” or “Aniyaverikan Ninman”.

The nebulous term “aniyaverikan” to capture all the disparate interests or unclear goals of the opposition also lent itself to conceptualisation by religious leaders such as former Adalat president Sheikh Hussain Rasheed Ahmed in terms of the tripartite sins in Islam: sins against God, sins against one’s self, and sins against third parties.

Short of common ideals for a shared future, such a political grouping must be, at the very least, based on common sensibilities and emotions. True, anger and betrayal might have animated many, including JP leader, businessman Gasim Ibrahim. However, one wonders if this anger and sense of betrayal have any affinity with the sensibilities shared by others.

The lack of a shared future based on shared ideals and sensibilities was deeply felt from the first rally against Yameen’s government on 27 February. Some also saw even the May Day rally, the biggest so far, as a failure because of this lack of shared goals based on common ideals and sensibilities. By June 12, any doubt as to the political parties’ ability to sustain a common political mobilisation was gone.

If this is so, one is left to wonder, isn’t Wednesday’s vote really a failure of “pragmatism” by the opposition?

Despotism facilitated

There is no proven formula for how to achieve and sustain democracy. Therefore, the matters of how to achieve and sustain democracy fall within “pragmatism” if pragmatism is about what works in practice.

As the great pragmatist William James held, holding on to certain beliefs even if they could not be proven to be true provided those beliefs could bring about positive consequences, is partly what pragmatism is about.

However, some beliefs as to how to achieve democracy have clearly no positive consequences. The belief in the “short walk” to democracy and the belief that the wisdom and dictates of single individuals to be sufficient to walk this walk, seem to me such beliefs.

It is the public rationalisation based on these beliefs that led to Wednesday’s vote. It is not democratic pragmatism.

In doing this, opposition is facilitating Yameen’s new despotism to flourish. If this so, to my mind, it is foolish (and thus “unpragmatic”) to think the most popular politician in the country will be allowed to contest in 2018 under fair terms. That is, if he is allowed at all.

Azim Zahir worked at the President’s Office and Transparency Maldives. He has a Masters in Political Science from the University of Sydney.

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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