DQP delegation returns from PR tour of UK

Leader of the minority opposition Dhivehi Qaumee Party (DQP) Dr Hassan Saeed has returned to the Maldives, after visiting the UK to meet MPs and journalists, and call on the international community to pressure the government to respect the country’s constitution.

DQP Secretary General Abdulla Ameen said the visit was “very successful”, and that Saeed had met with former Labour Party Deputy Prime Minister John Prescott “and other prominent opposition MPs.”

“Dr Saeed presented in such a way as to ask the government [of the Maldives] to follow the rule of law and to respect and uphold the constitution,” Ameen said.

Dr Saeed also met with journalists from outlets including Al Jazeera and the Independent, and was printed in the Guardian newspaper, Ameen said.

“Although it was DQP members who travelled to the UK, they represented the opposition coalition,” Ameen added.

The trip was “collectively funded by the opposition parties”, he noted.

DQP enlists UK PR firm

Minivan News has meanwhile obtained an email sent by a Peter Craske representing a UK-based public relations firm ‘The Campaign Company’, in which Craske solicits a meeting between the recipient and the DQP, “which is formed of an alliance between the DRP and MDP parties”.

From: Peter Craske [[email protected]]
Sent: [removed]
To: [removed]
Subject: Possible meeting with MPs from the Maldives

Dear [removed],

I am contacting you on behalf of The Campaign Company, a communciations agency, which represents the DQP political party from the Maldives, which is formed of an alliance between the DRP and MDP parties.

Two of their representatives, Hassan Saeed, a former Attorney General and Presidential candidate and Mohammed Jameel Ahmed, a former Minister of Justice, are visiting the UK next week, and would like, if possible to meet up with you given your longstanding interest in the country, for no other reason than to brief you on the current political issues in the country, where there has been some unrest and some Parliamentarians have been arrested.

The meeting would solely be for them to discus the issues in confidence, while they are in the UK.

I realise it is short notice, but would be grateful if you would be able to let me know whether or not this was possible, depending on your diary.

I look forward to hearing from you.

Peter Craske
The Campaign Company

The DQP is a minor opposition party in coalition with Abdulla Yameen’s People’s Alliance (PA), Gasim Ibrahim’s Jumhoree Party (JP), and the major opposition Dhivehi Rayyithunge Party (DRP), but not the ruling MDP.

The DQP confirmed that Dr Saeed’s delegation included two other senior members of the party, Mohamed Jameel Ahmed and Abdul Matheen, neither of whom are MPs as Craske appears to suggest.

Minivan News was unable to find any mention of Craske on the Campaign Company’s list of employees, however a receptionist at the Campaign Company confirmed the PR firm was “definitely working with political parties in the Maldives”, and referred Minivan News to the company’s director for enquiries regarding Craske.

Instead, Minivan News contacted Craske directly through the included phone number, who confirmed he was employed by the Campaign Company on a freelance basis to set up meetings last week with his contacts in the UK parliament.

“I don’t work for the Campaign Company, I was just employed to set up meetings,” he said. ‘I was just using the information [the Campaign Company] gave me.”

Ameen said he did not know whether the delegation had contracted a PR firm for the trip, but said that Saeed was “still well-connected in the UK.”

“Dr Hassan and Dr Jameel are in contact with a number of MPs. They know MPs from before 2008 and they have still have contacts in the UK.”

He added that he could “not say anything about an email you might have received, only specifically what Dr Hassan Saeed said.”

Meanwhile, Craske’s contact at the Campaign Company, Debbie Coulter, confirmed the company had set up meetings on Dr Saeed’s behalf and denied he had ever been introduced as an MP – “I haven’t seen the email,” she said, suggesting it might have been a mistake – “the brief [given to Craske] was quite clear.”

Regarding Craske’s introduction of the DQP as “an alliance between the DRP and MDP parties”, Coulter said the agency had recognised and introduced the DQP “as an independent party.”

She confirmed she was aware that Dr Saeed was currently the legal representation of opposition MPs Yameen and Gasim in court against allegations from the government of corruption and treason, following the release of incriminating phone taps leaked to the media.

“The bulk of the people he met were in the legal profession and people who knew of him and his background,” Coulter explained, adding that she “personally attended” every meeting.

“During his stay in London, Dr Saeed met with representatives from The Law Society, the Commonwealth Secretariat, Amnesty International, Labour MP Gareth Thomas (Labour), Liberal Democrat MP Simon Hughes, Lord Prescott, Lord Foulkes and Sir Ivan Lawrence,” Coulter said.

Sir Ivan Lawrence notably led a team of international lawyers to the Maldvies in 2005 to determine whether President Nasheed, leader of the then-opposition, was likey to receive a fair trial after being charged with terrorism and sedition by the former government.

He concluded that the Maldivian judicial system lacked “the basic capacity, competency and necessary independence” to deliver a fair trial, as reported by the Asian Centre for Human Rights.

DQP’s UK media statement

A media statement issued in the UK and forwarded to Minivan News by Coulter quoted Dr Saeed:

“President Nasheed came to power carrying the hopes of many people that we could achieve full democracy. However today we see him threatening our democratically elected Parliament, our judiciary and our press freedom in a way that he would have no doubt similarly criticised his predecessor for.

We cannot allow the rule of law to be replaced by mob rule. The streets of our capital have seen violence and opposition politicians are detained and their homes attacked. Our judiciary is now described as corrupt when it upholds the rights of people to be treated properly under the law.

That is why I am in the UK this week to make a wider appeal to the international community that they should tell President Nasheed to behave inside the Maldives in the same way that he does when making the case for international support over climate change.”

Accompanying biographical information distributed to UK journalists notes that “the Gayoom government spent much time intimidating the ex-Ministers, seeking to ban the New Maldives movement and then registering another organisation under the same name under the control of the ruling party.

“Dr Hassan Saeed has been consistent in his advocacy of reform over the years. This has led him into conflict with the previous government, which he resigned from. He supported the present government in order to achieve reform, but now sees it behaving in a similar way to its predecessor and is thus speaking out in defense of reform and democracy.”

Meeting journalists

A second email obtained by Minivan News was from a journalist seeking further information on claims made by the delegation in the UK, and describing materials distributed on behalf of the DQP which reportedly alleged:

President Nasheed, a former political prisoner who was dubbed the ‘Nelson Mandela of the Maldives’, has become autocratic since being democratically elected and is introducing a number of repressive measures, including:

* plans to close the courts and set up ‘public courts’

* suspending the Constitution, which the UK and certain Commonwealth states helped draft

* Judges have suffered threats and intimidation at the hands of the government and police. Civil Court Judge Mohamed Hilmy and his fiancee were handcuffed, stripped, beaten – and then photographed in a state of undress by the police.

Ameen confirmed that the first claim referred to the vigilante court “[recently inaugrated] by MDP MP ‘Reeko’ Moosa Manik”.

Of the second claim concerning the Constitution, Ameen said “I do not think [Dr Saeed] mentioned suspension of the constitution, I would say he broadly highlighted the need to uphold democracy.”

Concerning the suspension of Civil Court judge Mohamed Hilmy, “I think that was a case a few months back, I cannot specifically tell the detail. It was a very well publicised case.”

Minivan News reported in November last year that the Judicial Services Commission (JSC) had suspended Judge Mohamed Hilmy pending an investigation by police into alleged sexual misconduct, after he was discovered on a beach in Hulhumale’ in a state of undress with a woman.

A police statement claimed “the two had to be taken into custody on suspicion of sexual behaviour in a public place, as they were at the garbage dump in the south of Hulhumale’ with their pants down.”

At the time Hilmy denied the allegations to newspaper Haveeru, claiming he was walking with his fiancé when they were set upon by police, handcuffed, beaten, forcibly undressed and photographed. Police sent the case to the Prosecutor General and the matter was forwarded to the JSC, a police spokesman confirmed.

The last hearing concerning Judge Hilmy was held in January, although he remains suspended and continues to draw a salary due to the JSC’s inaction on the matter, according to commission member Aisthath Velezinee.

According to a report in newspaper Miadhu, Maldivian High Commissioner in the UK, Dr Farahanaz Faisal, claimed the Commission had yet to receive any enquiries from UK officials  following meetings with Dr Saeed, and questioned whether they had occurred at all.

Addendum:

Subsequent to the publication of this article, Peter Craske sent Minivan News an email in which he accepted responsibility for “factual inaccuracies” in his communication with UK MPs concerning the DQP.

“Just to clarify the situation, as a member of the Conservative Party, I was recently asked by the Campaign Company (TCC) if I could arrange a small number of meetings with Conservative MP’s during a visit to the UK by Dr Hassan Saeed,” Craske wrote.

“Unfortunately, despite receiving a clear written brief from TCC, there were three factual inaccuracies in the email I sent to these MPs:

  1. The reference to a “Possible meeting with MPs from the Maldives” in the subject line, though this was not repeated in the text of the email;
  2. The reference to an alliance between the MDP and DQP, which clearly does not reflect the current political situation, nor the information with which I was provided;
  3. The suggestion in my email signature that I was an employee of the Campaign Company.

“This was one email to a small number of Conservative MPs which in fact did not result in any meetings,” he added.

“Having had this drawn to my attention, I would like to express my deep regret for any misunderstanding this email will have caused. I have apologised to the Campaign Company and to Dr Hassan Saeed for this.”

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State Islamic Minister calls for end to judicial vigilantism

State Minister for Islamic Affairs Sheikh Mohamed Shaheem Ali Saeed has called for the termination of illegal ‘street’ courts, following the inauguration last week of a ‘people’s court’ by Maldivian Democratic Party (MDP) activists.

“I call on everyone to stop illegal acts such as smearing the name of the state’s judiciary in the name of justice,” said Shaheem. “The Attorney General [Husnu Suood] has also declared that these actions are illegal.”

Shaheem said that judicial vigilantism would disrupt civil peace “without a doubt”.

“I call on the honorable parliamentarians who are involving themselves in these actions to stay away,” Shaheem said, “and I appeal to everyone to conduct their work within the boundaries of the law.”

Shaheem said that if there were any “unnecessary things” occurring inside the courts, the situation should be rectified “according to the laws.”

He also condemned an attempt to attack Speaker of the Parliament Abdulla Shahid last week during his weekly badminton game at Imaduddeen school.

“Recently we heard that some people tried to kidnap and threaten the Speaker of the Parliament – this is something that should not be done,” Shaheem suggested. “These are very low-grade act in terms of discipline.”

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A superstar comes to town

The crowds thronged at the entrance of Indira Gandhi Memorial Hospital (IGMH). Patients, nurses and visitors all waited impatiently for more than an hour, craning their necks each time a car drove up.

At last he came.

The arrival of Salman Khan, Indian superstar and one of the most bankable stars in the Indian film industry, was greeted with loud cheers.

Dozens of cameras and mobile phones were produced as everyone tried to capture the moment. Khan, dressed in a gray T-shirt sporting a superman logo, smiled at the crowd and flanked by a dozen policemen, made his way to the blood donors’ room.

The crowd was enthralled: “Oh, he looks so handsome!”, “He even moves like he does in the movies!”, “He is taller than I thought!”

Khan inaugurated the blood donation camp, one of the activities of the annual India-Maldives friendship festival 2010. Not just settling for a ribbon-cutting moment, Khan donated his own blood.

Later in the seminar room, Indian High Commissioner Dnyanesshwar Mulay said he hoped that this would herald a new era in the India Maldives friendship “as now we are blood relatives.”

Khan stood up and got as far as “Bismillahirahmaniraheem” before he was mobbed.

Photos and chats were requested – and he obliged. Smiling and gracious, he acknowledged everyone around him.

Khan was then whisked off to Iskandhar School to judge a painting exhibition by the school children. As children painted, Khan moved around signing their paintings and chatting with them. Outside it was pandemonium; the doors of the hall had to be locked to keep the crowds out.

A foreigner who said he was a teacher opened his wallet and showed proof.

“Now let me in, you have let other teachers in, let me in!” he screamed.

A Maldivian journalist threatened “I am going to make this as a breaking news now if you don’t let me in.”

Another journalist threatened to call the police spokesperson and complain.

Tempers flared, but the police inside kept the doors locked. People stuck their faces to the glass door to catch a glimpse of the superstar.

More than a star

Khan said he was pleased to be at the launching of the medical assistance programme in the children’s home on Villingili earlier that the day.

Mr Mulay explained that the medical assistance programme would provide free treatments for the children by Indian doctors.

Speaking at the ceremony, Khan said that he would help “in anyway possible” for similar charitable programmes.

“My number is at the Indian High commission. If my participation is needed for an event like this, all you have to do is call,” he promised. “It’s just a two hour flight to come to the Maldives and help out.”

Khan gained fame in the Maldives ever since he shot to fame with his first movie as a lead man, ‘Maine pyar kiya’ in 1989. His fame was later cemented with his hits ‘Hum aapke hei kaun,’ ‘Karan Arjun,’ ‘Kuch Kuch hota hei’ and recent ones like ‘Partner’ and ‘Wanted.’

His vast acting skills and his buff body are something a lot of Maldivians are familiar with.

But his humanitarian work is less well known here, and this was the first glimpse of it up close for Maldivians.

Khan recently set up his own charity NGO, ‘Being human.’

Asked in an interview about it, he replied “Being human for me is ‘being human’. We all are human beings and I think we don’t do anything human to be human so you have to do something. I mean, God gives you so much and you know eventually you need to start giving it back.”

Salman Khan and President Nasheed at last night's inaugration
Official inauguration

The official inauguration of the festival was held last night. President Mohamed Nasheed and First Lady Laila Ali arrived with Salman Khan and Mr Mulay.

There was an audible gasp in the hall at Dharubaruge when people caught sight of Khan.

Once they took their place at the podium, a recitation of Quran started the ceremony.

Khan, clad in a slim greyish-striped shirt, provided the eye candy, there were more gasps as cameras clicked away.

“We live in this country, we breath this air, we earn our livelihood here, so we should contribute positively to the population” said Mr Mulay, highlighting why it was important for Indians to participate.

He said he hoped that the friendship between the two countries will be streangthened. Whenever he mentioned Khan’s name and his activities, a loud cheer went up.

Indian infrastructure giant GMR – which recently won the bid to develop Male International Airport – announced it would give 10 scholarships for the next four years to Maldivian students, and were greeted with loud cheers of approval.

Khan took the mic next and said he was honoured to be in the Maldives, and joked that the GMR group was now going to pay for his education.

“Islam means peace, we should all live in peace,” Khan said, drawing louder cheers.

President Nasheed also spoke, keeping his speech short “as this is no time for politicians.”

“We invited Mr Khan and wanted him here not only for his acting, but for his humanitarian work,” Nasheed said, thanking the famous actor.

Sitting side by side, Khan and President seemed amused at the enthusiasm of the crowd.

What followed next was two hours of entertainment, a fusion of Bharatnatyam and Khatak dance by Indians.

Maldivian dancer Jadu and his group performed a mix of traditional Maldivian dances with a modern take.

The atmosphere revved up a few notches when Khan took to the stage in the middle of a dance by young Indian girls. He matched them step for step, showing off his skills and driving the crowd went wild. He was invited to the stage for a follow up act.

When Jadu and his group performed a medley of his songs, he joined in and did his famous dance moves to songs like ‘Just chill’ and ‘Theyrahee chehra.’

After the President left, Khan followed and left the function.

A superstar was in town, and more than his dancing skills or his apparent talent for improvisation, what was most striking was his graciousness.

Despite being one of the most famous stars in the region, Khan showed no airs or graces. His whole demenour was respectful and obliging to the crowds who turned up to see him, and his apparent willingness to help Maldivians in charity work won the hearts of many.

The India-Maldives Friendship Festival 2010 will continue until August 15, 2010.

July 30-31: Education Fair organised by Times Group will be held at Dharubaruge.
August 3-5: A magic show by Mr Gopinath Muthukad will be held at the Olympus theater.
August 6: An evening of cultural programmes will be held by local artists.
August 12-15: Grande finale of the festival will be held in the evenings by a variety show group from India, together with local artists.

For more information, please contactthe Indian High Commission at Tel/Fax: 332 1824

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Comment: The Evils of Democracy

This article was first published on the website of the NGO Islamic Foundation of the Maldives. Republished with permission.

Democracy is a system of infidelity which opposes the decree of the Creator and an evil that was born and raised in the lands of the West. Islam and democracy can not coexist in the religion of Allah, the Lord of all the worlds.

There is no such thing called ‘Islamic Democracy’ as some people put it because those people who adopt, implement or approve and agree to espouse democracy with its basic principles and fundamentals are openly hostile to the faith of monotheism.

When democracy is implanted in a Muslim society, it becomes a trial which sets apart the faithful Muslims from hypocrites and apostates. Those Muslims who take it upon themselves to fight and defend democracy without a religiously compelling reason hate to see Islam triumph over all other way of life. Most often they love to be in the company of the infidels, hypocrites or apostates and be praised by them while calling themselves ‘moderate Muslims’.

There is no such thing as ‘moderate Islam’ or ‘radical Islam’ in the revealed religion of the Almighty Allah. These are terms invented by the enemies of Islam to create divisions within the nation of Islam.

If someone deeply looks into democracy, he will realise its damaging aspects on any society. Democracy which emerged in the lands of the infidels demands the separation of powers: the executive, the legislative and the judiciary are to function as completely separate entities. Moreover, democracy aims to change the established Sharia and demands to keep separate the religion and the state, which is unacceptable in Islam. In a democracy, the secular majority wins and rules over the divine commandments. If an undesired group or party wins power through elections, then the election results are annulled and the constitution is amended to bar that party from competing in elections again. Such examples can be seen in Algeria, Turkey, Palestine and Kenya.

Democracy spurs sedition and discord by gathering people in parties and blocs, the consequences of which are hatred, fighting and bloodshed.

Huge sums of money are required for the working and functioning of political parties. In most democracies, the murky business of obtaining funds for political parties involves corruption, bribery and the selling of state secrets. The electoral campaigns are comprised of boasting, showing and presenting one’s deeds and withholding from others the deeds that they are due, as well as the use of falsehood and deceit in order to gain people’s votes.

Democracy makes the entire population equal, as there is no difference between a knowledgeable specialist and an ignorant person, an eminent scholar of Islamic theology and an illiterate drug addict, a monotheist and a polytheist, a believer and a hypocrite, an adulterer and a pious man, a child rapist and a holy person.

The proper functioning of democracy demands that most criminals have to be ‘rehabilitated’ and not punished for heinous crimes. The prisons in these countries include gyms and other sports or recreational facilities, swimming pools, libraries with internet services, the best food, medicals etc. To add more, there is a system of parole which allows the criminals to leave the ‘prison’ before the end of their sentences.

Democracy is a system that wastes the money and resources of the country in holding elections. These elections are filled with problems of intimidation, fraud, ballot rigging and other irregularities. No interim government is allowed to take over before fresh elections begin; instead the old leadership remains in power during and immediate aftermath of new elections, paving way for more social unrest.

Many times the opposition refuses to accept the election results with accusations of fraud, and calls on people to come out on streets to protest causing pandemonium and bloodshed. You will realize the deficiency of this democracy and its reprehensible failure to manage people’s affairs when those in the opposition constantly call for premature elections, along with its ensuing chaos and disorder.

Democracy leaves the door wide open for spoilers and all the undesired elements in the society to carry on with their work of spreading mischief in the land. Democracy also coexists with the oppressive regimes and the spoilers of social life with all its constituents: gay and lesbian rights movements, narcotics and other substance abuse groups spring up into action.

Therefore, homosexual marriages, selling of intoxicants and the right to renounce Islam have to be allowed under the guise of protecting human rights. Hence, a need for legislation to regulate all such cursed acts and behaviour which in turn produces deputies who pass on laws against those prescribed laws of Almighty God.

In a democracy, candidates jockey for positions of power with promises they do not keep after winning the election. The candidacy for elections is contrary to the guidance of Prophet Mohamed (PBUH) who said that Muslims do not confer the command of an emirate on he who asks for it.

Less privileged or deprived people have no chance of being on the electoral lists because becoming a candidate requires spending huge amounts of money in order to get people’s votes, which apparently go to the one who pays out more for bribery or propaganda work by the media.

So, in a democracy money can buy positions of power, and as such, the seats of the legislature or parliament mainly consist of people from the upper class or people backed by them. It is absolutely impossible to enact any laws urging their businesses to spend money in a way that might benefit the poor. The reality is the rich get richer and the poor get poorer.

The most prominent people in a democracy are the politicians. The pious scholars of Islam, renowned scientists and men of knowledge have to follow the guidelines set by these politicians. Some of these so called politicians occupy seats in the cabinet, parliament and others work as party activists etc, but the truth is, they are ‘political prostitutes’. Most often they shift from one alliance to another or change parties and is devoid of any shame in behaving so for their worldly gains.

If you take a closer look at democracy, you will realise the deficiency and failure of that system to manage the people’s affairs and elect leaders capable of running the country in a way which benefits the masses. You will also undoubtedly ascertain the appropriateness of the Islamic way in generating the leaders and appointing rulers or emirs.

It is wrong to say that Muslim lands had been ruled by dictators or authoritarian rulers in the past centuries. The revealed Holy Scripture of the Muslims instructs the rulers to rule justly by obeying the commandments of Allah and with consultation (shura).

Throughout history the Muslims always had Consultative Assemblies comprised of learned men to advise those in power. The idea of dictatorship, authoritarianism, monarchy or royal dynasty rule began to creep into the Muslim lands when Muslim masses influenced by the West began to forget the proper method of statehood in Islam.

The Maldives has been ruled for quite a long period of time by authoritarian rulers with the power to enact draconian laws through the rubber stamp parliament. The Maldivian people were sick and tired of their ruling elites, their extravagant behaviour, nepotism and corruption etc.

The rampant moral degeneration, drunkenness and drug addiction made the Maldivian society plunge into chaos in the years between 2003-2008. The opportunity was ripe for the irreligious people who opposed the authoritarian regime to manipulate the situation by calling on the West to impose democracy on Maldives amid threats of economic sanctions.

There were many who thought that after democracy had been installed the problems created by the old authoritarian regime would disappear once and for all. However, in addition to those social problems that already remain, democracy has begun to create more problems in people’s lives by dividing the masses into parties or groups.

More often, rival factions compete for influence within the same party and today the so called political parties in Maldives are on the verge of bankruptcy or collapse and state funding is insufficient to keep them functioning. Soon the political parties in Maldives have to rely on foreign donations and grants of which the most likely consequence of this would be foreign control.

Money can buy power, so if the West decides to bring a certain opposition party into power, they increase funding for that particular party. In addition to all these problems, the party in power and the opposition parties are always at each other’s throats, as a result the ordinary people have to bear the brunt of the entire disharmony or disruptions within the community.

The so-called democrats in Maldives claim that they were the only ones who worked tirelessly to bring an end on nearly half a century of oppression. They say that these religious mullahs and bearded fundamentalists only acted like timid chickens and were unable put up a formidable resistance even to defend their ideals. They dare to say that these religion mongers kept hiding behind the backs of prodemocracy activists just to gain favours when everything happens to be over.

If so, then why for the past three decades did countless numbers of Muslim scholars – bearded men who offered five daily prayers and burqa clad women – continuously end up in jail or under house arrest? Where were the pro-democracy activists and human rights campaigners when breast feeding mothers were taken into police custody on the suspicion of trying to endanger religious harmony?

The so called prodemocracy activists only emerged during or after September 2003, when a violent drug addict was beaten to death by prison guards and the shooting incident there which killed a few other drug-related criminals.

It was so because the democrats became convinced that the authoritarian ruler faced pressure from the West to allow political parties to be formed in the Maldives.

The democrats might try to argue that they were in opposition since the early 1990’s. It is a wrong notion to say that they were campaigning for democracy then. The voices raised in those days were not for democracy but for reform or perhaps for change of power. Those voices disappeared into the wilderness because they were not backed by the West.

The spread of democracy in Muslim lands is a victory for diabolical forces of Jews and Christians who spend vast amounts of money and sacrifice much to keep Muslims divided.

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: In love of democracy

Recent political developments not only confirm that democracy certainly is not ‘the only game in town’ – which is the simple test of consolidated democracy according to political scientists Alfred Stepan and Juan Linz – but also make one doubt whether there has been a completed democratic transition in the Maldives.

Two issues – the increasing inability of the government to generate new policies, and the de jure and de facto sharing and blurring of the powers of the executive with those of the legislature – put into question the transition to democracy.

‘Cash for votes’ in the parliament, the failures of the judiciary, reaction from government to predatory politics, the inaction of the civil society, the unreflective ‘political society’ polarized between two violent tribes, show that games from the authoritarian era can still be the favourites in town.

Failure of institutions VS human failure

Sri Lanka’s foreign minister, who is also trained in law, recently argued that the reasons for the current impasse lie in the institutional design of the 2008 constitution. President Nasheed agreed at a press conference on Wednesday. The unique features of presidentialism are also the institutional reasons for similar political deadlock as argued by others like Linz.

Yet institutionalism is not a sufficient reason – for either evil or good.

For, even perfect or just constitutions may not result in good outcomes or realisations.

As Nobel laureate Amartya Sen powerfully argues in his recent book The Idea of Justice the compliance of people’s behaviour with the demands of institutions is necessary for comprehensive good outcomes.

Wealthy parliamentarians can buy votes, minority parties can filibuster and disrupt parliament’s work, parliamentarians can block legislation and misuse constitutional provisions, authorities can arbitrarily arrest people and bypass due process, judges can be biased, executive can ignore court orders, and oversight bodies can be power-ridden.

To avoid, therefore, ‘justice in the world of fish’ where powerful predators devour the rest, both institutions and behavioral compliance, both processes and substance, are essential.

The persistence of predatory culture

Recent revelations show that predatory practices in the country are shockingly persistent. If what Larry Diamond, who has extensively written on political transitions, describes as ‘predatory society’ is an ideal type, the Maldives may not be far away from it. He describes, and I quote in length from Civic Communities and Predatory Societies:

In the predatory society, people do not get rich through productive activity and honest risk-taking. They get rich by manipulating power and privilege, by stealing from the state, exploiting the weak, and shirking the law.

Political actors in the predatory society will use any means and break any rules in the quest for power and wealth. Politicians in the predatory society bribe electoral officials, beat up opposition campaigners, and assassinate opposing candidates. Presidents silence criticism and eliminate their opponents by legal manipulation, arrest, or murder. Ministers worry first about the rents they can collect and only second about whether the equipment they are purchasing or the contract they are signing has any value for the public.

Legislators collect bribes to vote for bills.

Military officers order weapons on the basis of how large the kickback will be. Ordinary soldiers and policemen extort rather than defend the public. In the predatory society, the line between the police and the criminals is a thin one, and may not exist at all. In fact, in the predatory society, institutions are a façade. The police do not enforce the law.

Judges do not decide the law.

Customs officials do not inspect the goods. Manufacturers do not produce, bankers do not invest, borrowers do not repay, and contracts do not get enforced. Any actor with discretionary power is a rent-seeker. Every transaction is twisted to immediate advantage. Time horizons are extremely short because no one has any confidence in the collectivity and its future. This is pure opportunism: get what you can now. Government is not a public enterprise but a criminal conspiracy, and organized crime heavily penetrates politics and government.

Again, he says that “Corruption is the core phenomenon of the predatory state.”

The problem with such a society is that it cannot sustain democracy.

How to leave Las Vegas

President Nasheed’s government no doubt represents a victory against the forces of predation. However, some reasonable people have questioned whether his government’s recent reaction to predatory politics was legitimately conducted.

Of course, as value-pluralists like Isaiah Berlin remind us, we may take the risk of drastic action in desperate situations. So to give the government the benefit of the doubt, legitimacy aside, it is questionable if the government’s actions such as arrests and fomenting masses will lead to improvement.

Writing about political deadlocks, political scientist Scott Mainwaring has this to say:

“Common among populist presidents, such a pattern [i.e. mobilizing masses] easily leads to escalating mutual suspicions and hostilities between the president and the opposition.”

Moreover, by detaining otherwise predatory characters on questional grounds, we are giving them the benefit of victimhood and making them ever strong and popular. There is no greater tragedy to responsible opposition politics than having predatory characters as the most popular.

To my mind, therefore, there is no alternative to talks as an immediate measure, and strengthening institutions of horizontal accountability such as the Anti-Corruption Commission, the Audit Office, and the judiciary for long haul.

As a discursive yet instrumental tool, government must strengthen its public communication and pressure the parliament into compliance through public sphere.

As a permanent policy, it is time the government took for granted that it is a minority in the parliament, gave way for real negotiations rather than consultations, and got prepared for painful compromises.

Politics after all is the art of the possible.

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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US Assistant Secretary Blake claims political stalemate can be solved through dialogue

United States Assistant Secretary of State for South and Central Asian Affairs, Robert Blake, has urged the Maldives’ deadlocked executive and opposition-majority parliament to work “collaboratively together to end the current political impasse.”

Speaking to the Maldivian press in the American corner of the National Library after a day of meetings with government, opposition and parliamentary figures, Blake suggested it was ”time for all sides to put aside narrow partisan differences so they can resume work to serve the people, and restore confidence in the public institutions of the country.”

The former ambassador to Sri Lanka and the Maldives claimed the current political crisis facing the Maldives “is one that is familiar to many democracies – the president represents one party while the opposition controls the parliament.”

“I told President Nasheed and [DRP leader] Mr Ahmed Thasmeen Ali that there is really only one way out – both sides must be open to dialogue and compromise. I’m very confident that both sides are capable of that,” Blake said, adding that this had been proved during the drafting of the constitution in 2007-2008.

“A continued stalemate is in no one’s interest. There is a risk of further violence and that in turn will impact tourism and aggravate the economic challenges the Maldives faces. The people really want to see their politicians work together to deal with some of the big challenges the country is facing,” he said.

Blake observed that it was also “very important” for the government to work in accordance with the rule of law, and suggesting President Nasheed either charge detained People’s Alliance (PA) MP Abdulla Yameen, who has been accused of corruption and treason, or release him from his ‘protective custody’ on the Presidential Retreat at Aarah.

Blake implied he was aware of challenges facing the judiciary and noted that there were “some very important steps to be taken in the near future regarding the Supreme Court nominees and the continuation of their terms”, but said this was “just one more reason for the government to work together with the opposition.”

Meanwhile at an opposition coalition press conference earlier this week, Thasmeen and Jumhooree Party (JP) Leader Gasim Ibrahim announced that the opposition front was ready and willing to engage in peaceful dialogue to resolve the political deadlock.

However, said Thasmeen, the government’s actions were “worsening the situation” and the controversial detention of Yameen was not conducive to peaceful dialogue.

“As you know, leader of the People’s Alliance Abdullah Yameen is under military custody,” he said. “This is unacceptable. We are seeing that there is no rule of law in the country anymore.”

Alleging that Yameen’s detention was illegal and “outside the bounds of law”, Thasmeen added that the opposition coalition did not believe parliament sittings could be held in the absence of the Mulaku MP.

Yameen’s detention was the “essence” of the present deadlock as the government had “not followed due process”.

Gasim reiterated the opposition’s coalition desire for “a just solution” to the current political crisis and urged the government to “immediately release Abdulla Yameen” and consider the importance of allowing the People’s Alliance leader to participate in the talks.

The DRP parliamentary group leader told press that the unified parties had undertaken “broad” diplomatic efforts to inform foreign embassies, governments and international agencies of the situation in the Maldives and seek assistance and support.

“I went to Ceylon about a week ago, met embassy officials, informed them of the situation and asked for assistance,” he said, adding that the opposition coalition was working with the UN, the Inter-Parliamentary Union (IPU) and the Commonwealth.

Thasmeen claimed that the concern expressed by the international community following the recent unrest was “unprecedented”.

Dhivehi Qaumee Party (DQP) Leader Hassan Saeed is meanwhile lobbying for international support in the UK.

On the opposition coalition’s nightly protests outside the DRP office, Thasmeen said the party was forced to “mobilise our supporters” due to the dangers posed by the ruling Maldivian Democratic Party activists’ “vigilante justice”.

Gasim joined the DRP leader to condemn “calls for people to be killed” and protest gatherings outside judges’ residences.

The opposition leaders also revealed that talks mediated by Sri Lankan President Mahinda Rajapaksa had failed.

While Speaker Abdulla Shahid yesterday announced that sittings would be canceled “indefinitely” following the MNDF refusal to escort MP Yameen to parliament this week, a statement issued by parliament today welcomes the inception of talks between the government and opposition parties.

It adds that although the coming week included national holidays on the occasion of Independence Day on July 26, the Speaker hoped political parties would be able to “establish an environment” for the parliament to function.

“After the hoped-for talks, I intend to hold a Majlis sitting on August 1, 2010,” it reads.

President Mohamed Nasheed meanwhile told press yesterday that he hoped all parties, “especially MDP and DRP,” will be able to come to the negotiating table and resolve the dispute peacefully.

Asked about MP Yameen’s continued detention, Nasheed acknowledged that “nobody could argue that for anyone to remain in custody while peace is to be achieved is the right away.”

While foreign mediators were needed in some cases, said Nasheed, most foreign parties were not prepared to “stay for the long haul” but rather desired credit for their role.

“Nothing can be solved in one sitting,” he said. “I feel that a Maldivian should be the mediator…and foreign parties could talk to the local mediator. In any case, the Commonwealth is saying they are ready, the European Union is saying they too are ready, the UN is ready, four friendly nations are saying they ready. So now I don’t know who to ask.”

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Yameen’s “protection” is constitutional: Nasheed

President Mohamed Nasheed insisted today in the face of repeated queries by the press that opposition-aligned People’s Alliance (PA) MP Abdulla Yameen’s detention or “protective custody” was not unconstitutional.

As a court of law has not ruled that the detention was unlawful, said Nasheed, the Maldives National Defence Force (MNDF) acted within the bounds of the law and the constitution.

“It’s going to be very difficult for us to legitimise the process [of the corruption investigation] through the present judiciary,” he acknowledged, adding that while a new President and Parliament had been elected after the ratification of the constitution in August 2008, the judiciary remained unchanged.

“We have done nothing to upgrade or bring the judiciary to the present constitution’s standard,” he said. “So unless and until we do something about that it’s going to be very difficult for us to legitimise [the cases], for the people to understand how the judiciary works.”

He stressed that “all the arrests, actions and omissions” of the government were within the bounds of the law.

“There’s not a single step that I have taken that cannot be completely and fully justified in a court of law,” he claimed.

Asked about his remarks at an MDP rally on “stepping outside the chart”, Nasheed explained that “chart” was commonly used to refer to either “a process, or an agenda, or a manifesto, or a roadmap.”

Opposition parties have strongly condemned Yameen’s detention, arguing that rule of law no longer existed in the country following the intervention of the military.

Meanwhile, a letter sent to parliament yesterday by Defence Minister Ameen Faisal states that Yameen was taken into “protective custody” by the MNDF under legal authority granted by articles 105(b) and 243(a) of the constitution.

As an angry crowd outside Yameen’s residence was “expressing hostile sentiments and throwing stones”, it continues, and riot police were in need of reinforcements, MNDF took into consideration the threat to public safety posed by a possible confrontation between the crowd and a second group that was gathering in opposition.

Moreover, it adds, at a time when “cases related to national security” were emerging, MNDF decided that Yameen had to be placed under “protective custody” for the security of both Yameen and the community.

“As the situation in Male’ was worsening, the national security council held a meeting on July 15 2010 and decided to keep Yameen under protection,” it reads. “He is now being held in light of secret information that emerged during an investigation conducted under article 24(a) of the Defence Forces Act following violent clashes between Yameen’s supporters and those opposed to him and the sudden unrest in the political sphere.”

Asked whether Yameen would be released to participate in any cross-party talks, President Nasheed replied it would require the national security council chaired by the Commander-in-Chief to believe the situation that warranted the move had changed.

“I can’t take a risk when it involves a person’s security,” he said.

President Nasheed was further adamant that his administration would not face any international pressure or sanctions due to Yameen’s detention.

He had personally explained the situation clearly to leaders of friendly nations during the past week, Nasheed said.

International pressure was brought to bear on countries “when people are put in solitary confinement for 18, 19, 20, 22 months on end, pilloried, handcuffed, when people are killed and their property confiscated.”

As the current administration would not commit such “atrocities,” Nasheed reiterated he had “complete confidence” that the country would not face international pressure.

The Supreme Court ruling ordering the release of accused MPs Abdulla Yameen and Gasim Ibrahim had “in a sense invalidated the Police Act” and undermined police ability to maintain law and order.

It was under such circumstances, said Nasheed, when people were gathering outside the MPs homes in protest, that the decision to “isolate” Yameen was made.

On the alleged corruption and bribery in parliament, Nasheed said police will conclude their investigations and forward cases to the Prosecutor General’s office.

The president hinted that he would offer clemency to opposition politicians found guilty in court.

Constitutional crisis

While police have complained of obstacles to their investigation of “high-profile corruption cases”, President Nasheed argued that “some laws” passed by the parliament were making it difficult for a presidential system to function effectively.

“In my view, the essence of this is connected to the form of the constitution,” he said, adding that teething issues in implementing the constitution must be resolved.

There were two ways to resolve the present constitutional crisis, said Nasheed, both of which involve bringing amendments to the constitution.

“One way is for all political parties to agree to amend the constitution to change to a parliamentary system,” he suggested, adding that he was ready to face any election in the event.

As the existing constitution allows parliament to block executive functions, said Nasheed, the government could neither ensure economic development nor offer basic services effectively.

“If opposition political parties did not believe [changing to a parliamentary system] would be best, the second way is for us to perfect the presidential system,” he said.

The second option would be to amend the constitution by adding provisions “to the extent that [the main opposition Dhivehi Rayyithunge Party] DRP called for when it advocated for a presidential system” in the October 2007 public referendum.

While the ruling Maldivian Democratic Party (MDP) campaigned for a parliamentary system at the time, Nasheed said both systems were beneficial but “a middle way” was not practical.

“Either perfecting the presidential system or changing to a parliamentary system [is the choice],” he said.

As DRP Leader Ahmed Thasmeen Ali has signalled the opposition’s desire for dialogue, President Nasheed said he was willing to engage with opposition MPs to resolve the deadlock in parliament, adding that he hoped the process would begin today.

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Arrested boys claim they were mistreated, abused and tortured in custody

Police and the Maldives National Defense Force (MNDF) arrested almost 60 people, including children, in a joint special operation launched on July 15.

A police media official confirmed that on July 15 five people were arrested, four more the next day, 14 on July 19 and 33 people yesterday from different areas of the capital Male’.

He also said that two stabbings occurred in Male’ the day before yesterday.

“One of the victims was is admitted to Indira Gandi Memorial Hospital (IGMH) with a serious condition, but the other person’s condition was not so serious,” the media official said. “Ss he is still undergoing treatment, we cannot provide further details of the injuries.”

Reports of Police-MNDF mistreatment

Many of those who were arrested last night in the special operations claimed that the police and MNDF officers mistreated and abused their rights during their arrest and detention.

“I was arrested yesterday afternoon at 5:00pm while I was on the way to Dharumavantha Scool to get a document,” one of those arrested told Minivan News. “While I was waiting near the traffic lights on Sosun magu, two policemen and two MNDF officers told me to be freeze, came up behind me and handcuffed me and my friend,” said the 19 year-old, who was released this afternoon.

“I asked them on what charges they were arresting me, and where they were taking me, and they said they needed me to clarify some information.”

He said the officers pushed him into a police bus and blindfolded him with his hands tied with clips.

“They took me to a place and removed my silver ear-rings, my bracelets, necklace and sunglasses,” he claimed. “Then they took me to a place and removed the blindfold on my eye, and ordered me to remove my clothes. I refused, but I had no other choice so I did, and they told me to bend over. They harassed me verbally and physically.”

He said the officers were covering their faces.

“After checking me they blindfolded me again, and then took me to somewhere else. I asked them where they were taking me, they said that I should speak only when I am spoken to,” he said. “They pushed me into another room, where they trimmed my hair. When I tried to refuse, they hit beat me.”

He said that the price of his jewelry confiscated by police and MNDF was “not less” than Rf2000.

“They said anything collected would not be returned,” he said.

He also claimed that another boy’s necklace was also taken, which he claimed was a memorial to his dead mother and begged the police officers to give it back when he was released. But the officers replied “’You have to send a letter to us requesting the necklace. You might get it then’,” he claimed.

A 14 year-old boy who was arrested yesterday at 5:00pm near Giyasudeen School claimed that police treated him the same.

“They arrested me when I came out from the stadium after playing football. They told me that they needed to arrest me, and when I asked them why I was being arrested they said I was on some kind of list and that their superiors had ordered them to arrest me,” said the 14 year-old. “Then they shackled my legs and arms and blindfolded me. I was shocked – it was the first time anything of this kind has happened to me.”

The boy said he was kept blindfolded for a long time somewhere, and when he requested food it was denied.

“I asked them to provide at least some water, and they said people like us did not deserve to drink water. They removed my necklace, all my rings, and my mobile phone.”

He said the officers did not give any of his possession back when he was released this afternoon.

“It was a silver necklace, it cost Rf1300. They did not even give my mobile phone back,” he added.

“They took me into a small room and removed the blindfold, and took up a trimmer. I asked them why they had to cut my hair, and they said they were getting me into the religion of Islam. I refused them permission to cut my hair, and I looked at the ground I saw blood all over the floor,” he said. “They started beating me when I refused.”

Another 16 year-old boy who was arrested near Ahmadiyya school and was released this morning claimed that he was also mistreated yesterday.

“They said I was taken on an order from their superiors,” he said. “They threw me in to the police bus. I told them I have a big wound in the back.”

He said the officers took him blindfolded and handcuffed.

“They took me somewhere, and told me to sit down,” he said. “I checked with my hands to make sure there was a chair, and when I touched the chair when I turned to sit down they pulled the chair away. Again they hurt my wound and I told them that it hurt.”

He said the officers asked him to show them his wound, and when he removed his shirt they started hitting the wound and asking whether it hurt.

“They used filthy words to speak to us and treated us really badly,” he added.

A police media official said that some of those arrested had their hair trimmed because they had changed their appearance to one different from the photos police used to identify them.

He denied that police and MNDF had tortured those taken into custody.

The mother of one of the boys told Minivan News that police had taken her son in a raid on Heniveru Youth Centre.

“He is very lazy and is addicted to computer games, and spends most of his time at home or in the gaming centre there,” she said.

“He never gets involved in delinquent or criminal activities. The MNDF/police clipped his hands while he was ordering food at the cafeteria and took him in a vehicle to Kalhuthukkala koshi (police station) where he was blindfolded, handcuffed, stripped, and checked. He was released around 2:00am after his picture and fingerprints were taken and he signed the police records.”

The boy’s mother said the police documentation on his release said he had “been detained in relation to criminal activities by street groups and was to see if he had anything illegal. The reason for their detention was to check if he possessed ‘anything’,” she said.

“There must have been a lot of innocent boys there among the 60-odd youths in the police yard. My son said he felt like a terrorist when the police took his clothes off and made him bend down Guantanamo Bay style. He said he wished he had done something to deserved such harassment.”

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Parliament ceases to function, while HRCM calls on government to release MP Yameen

Parliamentary Speaker Abdulla Shahid this morning cancelled parliamentary sittings until the government releases MP Abdulla Yameen from MNDF “protection” on ‘Aarah’, the presidential retreat.

The Human Rights Commission of the Maldives (HRCM) has meanwhile issued a statement calling on the government to release Yameen from his ‘protection’ at Aarah.

“On July 15 the Maldives National Defense Force (MNDF) arrested Abdulla Yameen Abdul Gayoom, and since then it has been five days and he has not been presented to court,” HRCM said in a statement.

“He is held in custody against article number 49 of the constitution,” the commission claimed.

“Although he was isolated for his own protection, violating article 49 is unconstitutional, and therefore the HRCM calls on the government to follow the constitution and release Yameen immediately.”

The statement cited article number 48(D), which states that any person arrested should be brought before a judge to determine the validity of the detention period, and claimed that defence forces did not follow the article.

“We note that the defence forces have not attended the criminal court and have ignored the court’s order to summon Yameen to court,” the statement added.

The MNDF told parliament in a letter read out in yesterday Yameen was not being held pending criminal investigation, but for his own “protection” based on “secret” information received on July 15.

In its statement, HRCM claimed that “as the Maldives is a country which has a infant democracy, the people of the Maldives and the government should uphold the constitution and democratic principles.”

The commission said that to ensure people’s confidence in a democratic system of government, it was important to establish a culture that respected human rights, justice, and equality in Maldivian society.

The MNDF maintains Yameen was taken to the Presidential retreat for his own protection and on his request.

However in a phone call with Minivan News, Yameen, who is accused by the government of corruption and treason, claimed the MNDF took him to the retreat forcibly in an attempt to cool the situation in Male’.

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