Comment: Can the World Bank end gender-based violence?

This week, the World Bank South Asia Office gathered government officials, civil society, parliamentarians, academics and journalists from around the region  in Kathmandu to discuss the issue of violence against women. This is the first time in the bank’s 60 year history that it has joined the global cause to end gender-based violence.

Violence against women has been long recognised as a serious issue on the global development agenda. The United Nations (UN) General Assembly adopted the Declaration on the Elimination of Violence Against Women in 1993 and since then international community have unanimously agreed on gender-based violence as a serious human rights issue and public health priority.

However, despite the international spotlight and years of support from UN agencies to advance women’s rights, the number of women and girls killed, beaten or raped around the world remains astoundingly high.

South Asia world’s “most gender-insensitive region”

Opening the panel discussion on gender-based violence at the annual spring meeting in Washington last April, the World Bank Vice President for South Asia Isabel Guerrero said “we cannot keep silent” in the face of such “horrific acts”.

“We have to add our voices,” she emphatically noted.

She was referring to the gang rape of a 23 year-old in India and the shooting of 15 year-old Malala Yoosuf by extremists in Pakistan. Both incidents are a striking reminder of the pervasiveness of violence against women in the region.

According to a 2003 UNFPA report, South Asia is the world’s most “gender-insensitive” region with one in two woman found to be a victim of physical and sexual abuse in their homes. Other forms of violence are also rampant.

In India a woman is raped every 22 minutes, 22 women are killed each day in dowry related violence, and 50 million women are ‘missing’ due to sex selective abortions.

In Nepal, 7000 women and girls are trafficked for sex every year, while in Bangladesh every week more than 10 women are attacked with acid. In Pakistan more than 450 women and girls die every year in so-called ‘honour killings’ while in Sri Lanka, 78 percent of victims of grave sexual abuse are women and girls.

Because of these atrocious forms of violence, the South Asian women’s fundamental right to health and bodily integrity has been severely eroded. They live less, work less and even eat less.

According to an OXFAM 2004 report, gender based violence has severely limited women’s choices in practically all spheres of life and explains the uniformly poor gender-related development indices of South Asia in crucial sectors like health, nutrition, education, political participation, and employment.

Ending the pandemic levels of violence against women remains one of the key challenges in achieving development in the region which has more than 500 million people living in extreme poverty.

So can the World Bank’s entry into the fight to stop violence against women make a real difference?

The bank’s leverage

At the Kathmandu discussions, several participants asked the bank what it could do to stop violence against women.

Undoubtedly, the World Bank is one the most influential global players with the power and resources to prompt changes.

Tahseen Sayed, Nepal Country Manager for the World Bank, acknowledged the bank’s lack of presence on issues such as gender-based violence, and described the conference as an effort to show its determination to change this approach.

Sayed revealed that the bank would be “leveraging our role as one of the largest development partners with the countries we are working on, at the policy level”, in addition to advancing research to identify the economic and social costs of violence and expanding funding to related projects.

However, she stopped short of explaining how exactly the bank will use its leverage as a development partner.

“I cannot tell you how precisely we are going to do this,” Sayed pointed out.“But the fact that we have two of our vice presidents here, and managers here at the World Bank in this room, we will be taking this forward and see how best we can bring this into our discourse on the concrete areas we work on whether it is assistance to the countries, whether it is regional dialogue or global dialogue.”

This is a critical announcement as the World Bank, similar to the IMF, has the power to deny assistance to countries that do not meet its conditions or requirements.

Feryal Ali Gauhar, political economist and feminist writer from Pakistan believes that denying bank’s assistance to countries where the state is deliberately neglecting to protect the the most vulnerable groups can certainly be effective in creating change.

“When the bank is the agency to deny or grant a loan, it can use data provided by credible institutions, which would indicate whether the state is fulfilling its responsibility to end gender-based violence or protection of most marginalised and vulnerable groups in society.” Gauhar noted.

“If [the World Bank] can make decisions to extend or not extend loan on political issue, why cannot they exercise or exert that same kind of pressure for other loans they are extending?” she asked. “Certainly money would a ring a bell.”

Flogging in the Maldives

The Maldives, despite its admirable progress in the areas of education, health and reduction of poverty, still continues to be plagued with widespread physical and sexual abuse of women and children. One in three woman aged between 15-44 the victim of sexual or physical abuse.

There is little or no access to sexual and reproductive health education and as a result,, unsafe sex, early marriage, unwanted pregnancy, abortion and a lack of reproductive health rights are highly prevalent among young people. These realities are reflected in the gender indicators which show low female enrollment in the higher education system, double the rate of unemployment among females, and under-representation of women at a decision making level.

The World Bank recently granted US$10 million in aid to expand the higher education system in the Maldives. The decision came just weeks after Maldivian authorities were slammed for sentencing a 15 year-old rape victim to 100 lashes on charges of pre-marital sex under the country’s Sharia-based legal system..

Ninety percent of those flogged for fornication or adultery in the Maldives are women and underage girls. The United Nations and international human rights organisations have called for the Maldivian authorities to end this degrading form of punishment disproportionately meted to towards women and girls.

Other strict Sharia penalties such as capital punishment and amputation were suspended half a century ago.

But despite the calls from United Nations, human rights group such as Amnesty International and a global petition with over two million signatures, the Maldivian authorities have consistently shied away from changing their stance on imposing a moratorium on flogging. Much of this is due to their fear of voter backlash from rising conservative groups and their supporters in the country.

“It would be political suicide,” said a parliamentary member currently overseeing the revision of penal code, which includes flogging as a punishment. “We want to remove it as well. But, our hands are tied. Only public pressure can stop it.”

However, there is little visible support from the Maldivian public. In contrast, conservative groups are staging mass protests calling for flogging, beheading, stoning to death and amputation to be reinstated. The few who dare speak against these extremist views are slammed as “Laadheenee” (un-Islamic) and harassed online and on the streets.

So in this politically polarised climate, can a global player such as World Bank pull the plug on flogging in the Maldives by denying assistance to the country, unless it stops degrading and discriminatory practices such as flogging?

A civil society activist from Sri Lanka also highlights a recent case in which the world bank’s partner, International Monetary Fund (IMF) approved a US$2.6 billion loan to Sri Lanka despite the widespread accusations of human rights abuses committed during its civil war.

“There are several reports and evidence of women and girls being raped during the conflict. Several more civilians, including children have been killed” he noted. “But the IMF still approved the loan, against the calls from human rights organisations because Sri Lankan government has done little to investigate these abuses and protect the rights of Tamil minority”

So can the bank, and IMF use its leverage as a donor to push negligent governments into taking meaningful action to guarantee the rights of women and other vulnerable groups?

A South Asian diplomat is skeptical.

“Unless we can shift the society’s view at grass roots level, no sanction is strong enough to stop violence against women,” he said, on condition on anonymity.

“If Maldivian public doesn’t want to stop flogging, how can the World Bank stop it?”

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Poll of President’s party members reveals 85 percent fraudulent: Anti-Corruption Commission

The Anti Corruption Commission (ACC) has interviewed 100 members of President Mohamed Waheed’s Gaumee Ihthihaadh Party (GIP) and alleged 85 percent of those polled had no knowledge of ever joining the party.

According to a statement from the ACC, these interviewees said they had neither filled out nor signed any GIP membership forms. The ACC said the details of the interviewees had been shared with the Elections Commission (EC), and called on it to cease processing GIP’s membership forms until it had verified they were genuine.

Other issues in the submitted membership forms highlighted by the ACC included inconsistencies between entry dates and dates written on the forms, as well as the case of some applicants having died prior to signing their forms.

“Two of the forms submitted to the Elections Commission for registration as Gaumee Ihthihaadh Party members were signed by persons who had passed away prior to the forms being sent to the EC. One person who according to the form had signed up for the party on March 6, 2013 had in fact passed away on August 8, 2012. Another applicant said to have signed up on February 16, 2013, but passed away on January 16, 2011,” the ACC declared.

The ACC said the investigation followed a complaint received by the commission stating the GIP had fraudulently enrolled members in their party through the misuse of records and information of two state institutions.

GIP Spokesperson Abbas Adil Riza was  not responding to calls at time of press.

Dhivehi Rayyithunge Party (DRP) leader and running mate of Waheed for the September Presidential elections, Ahmed Thasmeen Ali, and DRP MP Dr Abdulla Mausoom, were also not responding to calls.

“You can falsify records of members, not their hearts” : Nasheed

“A robbery you commit will not push citizens into depression and hopelessness. The people remain firm,” former President and Maldivian Democratic Party (MDP) Presidential Candidate Nasheed said in reference to the ACC statement on GIP’s alleged fraudulence.

Speaking at a party rally held Thursday night, Nasheed said that although a party can falsify people’s records and include them in a party register, they could not steal hearts and loyalty.

Observing that GIP, which performed poorly in past elections, had nonetheless somehow managed to raise its membership above the new 10,000 member minimum, Nasheed accused the party of trying to “steal our members” and called for investigation and criminal charges.

Nasheed declared that monitoring the political party registry was the responsibility of the Elections Commission, and said the Prosecutor General was required to take action over the ACC’s allegations.

“The political party registry is one of the key resources needed to build good governance for the people. This cannot be tampered with. By tampering with and falsifying this register, we are obstructing our roads to development,” he stated.

MDP also released a press statement condemning the fraud and “Waheed’s attempts to further undermine democracy, following his actions to topple a democratically elected government through a coup d’etat”.

“This party is deeply concerned that personal records of citizens held in state institutions with confidentiality are being misused to further the temporary political needs of a particular people, and that the whole democratic system is being undermined for these personal political aims,” the statement read.

The party called on the Prosecutor General to investigate and take legal action against the leader of the GIP, President Mohamed Waheed.

“If fraud is confirmed, membership will be made void”: EC

Elections Commission Vice President Ahmed Fayaz stated that the commission is currently reviewing the GIP membership forms, and verifying the findings of the ACC.

“We hope to have completed the verification process by next Monday. If we can confirm that there is indeed fraudulent membership applications, we will make them void. We will then notify the party and advise against repeating such acts,” Fayaz said.

“As the courts have not made a ruling on the Political Party Act, GIP will also remain a party for the time being even if this investigation leads to them having less than the required 10,000 members,” Fayaz said.

The Supreme Court issued an injunction on March 14 which stands effective to date, ordering all authorities to not consider any political party as dissolved until the court rules on a case submitted by then Attorney General Azima Shakoor claiming that parts of the Political Party Act contravene the constitution.

As per the Act, a political party must have a minimum of 10,000 members to be included in the political party register.

The Political Party Act placed 11 parties at risk of dissolution. GIP and the Adhaalath Party have since submitted enough forms to the Elections Commission to reach the 10,000 member target.

On March 13, GIP Spokesperson Abbas Adil Riza claimed that “the Political Party Act was fabricated to destroy GIP”.

Riza also contended then that Maldives’ political party system was “significantly in need of smaller political parties” and that all major political parties had “betrayed the nation” because it had the support base needed to do so.

Prosecutor General Ahmed Muizz and Prosecutor General’s Office Media Official Hussain Nashid were not responding to calls at time of press.

Progressive Party of Maldives MP Ahmed Nihan was also not available for comments.

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Immigration Department dismisses reports of expat system “flaw”, won’t rule out abuse by employers

Immigration officials have dismissed reports of a “flaw” in the country’s online expatriate registration system despite expressing concerns the system may be open to abuse by registered companies.

A department spokesperson confirmed this week that although new online registration introduced to try and streamline providing work visas to foreigners was not itself flawed, the system was nonetheless open to abuse from employers who allowed others to access their password-protected accounts.

The Department of Immigration and Emigration has also confirmed it has faced challenges in verifying whether construction projects were real or a front to smuggle foreign labour into the country, but told Minivan News it expects to resolve the issue from next month.

The comments were made after local newspaper Haveeru last week reported that a “serious issue” had been identified within the expatriate registration system installed by the National Centre for Information Technology (NCIT) that had allowed a steep rise in the number of foreign workers coming to the Maldives in May 2013.

Citing an anonymous immigration source, the paper reported that 4,000 expatriate workers had entered the country last month due to certain recruitment agencies abusing a “critical flaw” in the system.  According to the report, the flaw allowed recruiters to obtain an extra quota of foreign workers in order to profit from their transfer into the Maldives.

The NCIT, which was charged with installing the component of the monitoring system, this week rejected suggestions that such a flaw existed in the program in a joint statement (Dhivehi) issued with the Department of Immigration and Emigration.

The expatriate quota system had been assigned through procedures set out by the Immigration Department to the NCIT, the statement read.

Once a quota is obtained, the NCIT stated that an expatriate would only be granted entry into the country upon providing a photograph, their passport bio page and other official documents required by immigration officials that are required to be entered into the system.

“Therefore, we can confirm that 4000 expatriates have not entered the country unknown,” the statement added.

The NCIT’s dismissal of the media report’s comes as the Maldives faces increasing pressure to tackle the issue of unregistered expatriates, with the country appearing on the US State Department’s Tier Two Watch List for Human Trafficking.  The country has appeared on the list for three years in a row.

Employer responsibility

Although claiming no technical flaw had been found by authorities within the expat system, immigration spokesperson Ibrahim Ashraf told Minivan News that registered employers had a responsibility to prevent abuse of their company accounts.

Ashraf said all companies employing foreigners had to be registered on the expatriate registration system through official documents like a business registration certificate and a valid national ID.

If approved, he said the employer was then assigned through the online account a maximum quota of foreign workers depending on the size of their business or the specific project they were working on.  These accounts are protected with a password.

Ashraf said there were suspicions in the Immigration Department that some employers may have provided access to their unique account to employees, who were in turn bringing in foreign workers under the company’s name – and while personally profiting from trafficking them into the country.

He compared the practice to a member of the public giving their ATM bank card and pin number to another individual, then trusting them not to draw money out from their account.

“People that are being trusted to use [the expat online system] may be doing wrong. I think this is what has been happening. Management maybe putting too much trust in other people to use this system,” Ashraf claimed.

“Systematic abuse”

Immigration Controller Dr Mohamed Ali has previously told Minivan News that while almost all foreign workers coming to the Maldives arrive under registered companies, some were finding themselves “illegally used” by employers due to “systematic abuse” of the visa system.

Foreign low-wage workers are often lured to the country by agents after paying a ‘recruitment’ fee or entering into debt – sometimes as high as several thousand dollars – that is shared between local agents and recruiters in the country of origin, most significantly Bangladesh.

In many cases the workers are then brought into the country ‘legitimately’ by a specially-created paper company, created using the ID of a complicit or unwitting Maldivian national, for the stated purpose of working on a ‘construction project’ of dubious existence.

Senior immigration sources confided to Minivan News in April this year that almost no human verification was undertaken by authorities to ensure workers were genuinely employed once a business or construction project was approved.

Ashraf this week confirmed that there had been “issues” in inspecting construction sites across both the country’s inhabited and resort islands due to a shortage of staff.

However, he claimed that by July 31, 2013, the Immigration Department was to begin inspecting construction and other projects requiring foreign labour with the assistance of local councils and key industry associations.

These groups are expected to include the Maldives Association of Tourism Industry (MATI) and the Maldives Association of Construction Industry (MACI), according to the Immigration Department.

Ashraf added that the government had recently approved the hiring of an additional 30 staff for the department in order to help oversee what is expected to be a comprehensive audit of the visa system.  Officials would then move to penalise any abuse of the system by local employers.

Unregistered workforce

The exact scale of the Maldives’ unregistered foreign workforce remains unknown, with estimates ranging from between around 40,000 people to potentially double that amount.

Earlier this year, former MACI President Mohamed Ali Janah said an estimated 40 percent of the foreign employees in the construction sector were thought not to be legally registered.

Considering these numbers, Janah said at the time that he could not rule out the involvement of organised crime in certain employment agencies, which supply a large amount of foreign labour to building sites in the Maldives.

Janah claimed that 95 percent of construction groups operating in the country were Maldivian owned. However, as the country’s second largest industry on a GDP basis, the vast majority of employees in the sector were migrant workers, he said.

“We employ a huge workforce of some 60,000 to 70,000 people,” he explained at the time. “Of these people, sadly we have 40,000 to 50,000 who are expatriates.

By April of this year, Immigration Controller Dr Mohamed Ali confirmed that authorities had targeted the return of 10,000 unregistered workers by the end of the 2013.

The pledge to return a predetermined number of expatriates was criticised at the time by the Human Rights Commission of Maldives (HRCM), which raised concerns that some workers were potentially being punished for the actions of employers or agents acting outside the law.

While the government earlier this year launched a special campaign intended to raising awareness of the rights of foreign workers, NGOs and independent institutions continue to identify human trafficking as a significant issue needing to be addressed in the country.

Human rights groups in the Maldives have for instance continued to criticise both the present and former governments for failing to pass legislation that would allow authorities to press charges against individuals directly for the offence of human trafficking.  The legal measures to do so are presently under review in parliament.

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PIC requests punishment of officers for unlawful arrest of Thulhaadhoo Council president

The Police Integrity Commission (PIC) has recommended the Home Ministry take action against police officers involved in the arrest of Thulhaadhoo Island Council President Ahmed Rasheed earlier this year, according to media reports.

On January 26, 2013, police arrested Rasheed on charges of creating unrest while participating in a protest against Adhaalath Party Leader Sheikh Imran Abdulla when he arrived on Thulhaadhoo.

Along with Rasheed and island council member Ziyau Rasheed Ibraim, 11 people were arrested over their alleged involvement in confrontations on the island.

The PIC’s recommendation was made after investigating a complaint filed by Rasheed contending that his arrest had been unlawful.

Rasheed claimed in the complaint that he was arrested in his home after the protest was over by police officers with their faces covered.

Channel News Maldives reported at the time that clashes had occurred between supporters of the the opposition Maldivian Democratic Party (MDP) and the government-aligned Adhaalath Party during Sheikh Imran’s visit.

The councilors were released the next day after being taken to court for extension of the period of their detention.

Concluding its investigation into Rasheed’s arrest this week, the PIC’s report stated that the police officers had arrested and handcuffed Rasheed in violation of arrest procedures.

The PIC report explained that officers were required to follow regulations specifying the procedure for handcuffing a suspect during an arrest.

In reference to other claims made by Rasheed that police used inappropriate language when they communicated with him, the PIC said that the investigation team was unable to prove whether or not allegations were true.

A police spokesperson today told Minivan News that no instructions had been received from the Home Ministry on the PIC’s recommendations concerning the case at time of press.

“The PIC procedure is they send these recommendations directly to the Home Ministry, and the ministry will then forward the case and have us take action against officers. The Home Ministry may also take action,’’ he said.

PIC Director General Fathimath Sareera Ali Shareef was not responding to calls from Minivan News at time of press.

Earlier this week, Assistant Commissioner of Police Ali Rasheed revealed that the police disciplinary committee had decided not to take any action against five police officers facing criminal prosecution over police brutality against MDP demonstrators on February 8, 2012.

The decision was made despite a recommendation from the PIC to the home ministry to take administrative action against the six police officers accused of brutality.

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High Court Chief Judge files lawsuit against JSC for second time

High Court Chief Judge Ahmed Shareef has filed a lawsuit at the Civil Court for a second time against the Judicial Services Commission (JSC), challenging his indefinite suspension by the judicial watchdog.

Shareef’s lawyer Husnu Suood – a former Attorney General under the administration of former President Mohamed Nasheed – told local media that the second case was filed this week with the same request to issue an injunction halting Shareef’s suspension.

On Monday (June 17), the previous case submitted by Shareef was dismissed by Civil Court Judge Hathif Hilmy after the claimant did not attend a hearing scheduled for that day and failed to provide the court with a valid reason for his absence.

Speaking to Minivan News today, Husnu Suood said that Shareef’s lawyers were unable to attend the hearing scheduled due to a mistake made by his office staff.

“We filed the same lawsuit the same day the [first] case was dismissed,” he said.

Suood said that lawyers would argue that the JSC did not follow due process in suspending Shareef.

“They have a procedure of establishing a committee to investigate cases and then the committee will recommend the action to be taken after investigating the case,” he explained.

“We don’t know if Shareef’s case was tabled or not,” he added.

Suood also referred to the issue of Civil Service Commission (CSC) Chair Mohamed Fahmy Hassan’s contested legal status and his attendance at the JSC meeting where the decision to suspend Shareef was made.

Suood questioned the legitimacy of a decision made in a meeting held with an “illegitimate” member.

Judge Ahmed Shareef was suspended on the same day that the High Court cancelled a hearing of a case involving former President Nasheed.

The hearing was scheduled to decide on procedural issues raised by the JSC contending that the High Court did not have the jurisdiction to hear the case, which involved the legitimacy of a panel of judges appointed by the commission to preside over the former president’s trial at the Hulhumale’ Magistrate Court.

Shortly after the cancellation, the JSC declared that the commission had indefinitely suspended Shareef.

He was the presiding judge in former President Nasheed’s case against the JSC.

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Minister of state for tourism resigns, cites “unacceptable” conduct of Minister Adheeb

Mariyam Mizna Shareef resigned from her position as Minister of State for Tourism, Arts and Culture yesterday (June 19), stating on social media that she had quit over unspecified “differences” with Tourism Minister Ahmed Adheeb

Taking to micro-blogging site Twitter after announcing her resignation yesterday (June 19), Mizna wrote that she had found the manner in which he ran the ministry to be “unacceptable”.

Speaking to Minivan News today, Mizna declined to comment on the post, adding that she wished to keep a low-profile and stay out of the political arena.

News of Mizna’s resignation came following the President’s Office announcement earlier the same day that it had dismissed Deputy Tourism Minister Mohamed Maleeh Jamal and Minister of State for Economic Development Abdulla Ameen from their posts at the behest of their former party.

Maleeh alleged yesterday that could see no other reason for their dismissals beyond the decision of both Ameen and himself not to back President Dr Mohamed Waheed’s election campaign.

Both men have pledged to back the government-aligned Progressive Party of Maldives (PPM) presidential candidate MP Abdullah Yameen during September’s election.

Mizna today confirmed that her resignation as state minister had not been related to the dismissals of Maleeh and Ameen, though she did not elaborate further.

Posting on Twitter following her resignation, Mizna claimed that she had tried to enact change within the ministry during her time in the post, but claimed “things [were] going from bad to worse” despite her attempts.

“Only way is to remove Adheeb,” she concluded.

Mizna’s comments on Twitter prompted a flurry of activity on the social networking site, including one post from an account claiming to be that of a PPM Council Member.

Mizna meanwhile accused Adheeb of being “busy giving away lagoons, sandbanks and uninhabited islands.”

Mizna Shareef’s Twitter profile could not be viewed as of this afternoon.

Ministry response

Minister Adheeb was not responding to calls from Minivan News at time of press today.

Adheeb told newspaper Haveeru that his “only crime was being the PPM deputy leader.”

“I have become the target of everyone. It has become their purpose to slaughter me politically. But if there’s a corruption issue involving me shouldn’t they go to the Anti-Corruption Commission or a Majlis committee? But [instead] certain individuals are trying to bring me into disrepute. I regret the corruption allegations made about me. But I will not budge. I won’t budge for a government post,” he was quoted as saying.

Tourism Ministry spokesperson Hassan Zameel told Minivan News that Mizna had not raised any official concerns with the ministry relating to allegations of misconduct against Minister Adheeb.

“She may have discussed these matters with the minister or her colleagues, but we have not received an official complaint,” he said. “The ministry can only recognize complaints if someone has put these concerns to us officially in written form.”

Zameel added that yesterday’s resignation of former State Minister Mizna and the dismissal of former Deputy Minister Maleeh would have no significant impact on the day-to-day running of the ministry.

He added that the ministry would continue to operate with the minister and state minister making political decisions, while civil servants would continue to oversee the rest of the authority’s work.

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Comment: Gayoom and his legacy – the major obstacle to consolidating Maldives democracy

This article was first published on Dhivehi Sitee. Republished with permission.

The Maldives’ first multi-party presidential elections of 2008 ended Gayoom’s thirty year dictatorship and adopted democratic rule.

But, like many other nascent democracies, the threat exists that Maldives may not be able to sustain its democracy in its fullest sense.

This is especially true after the coup orchestrated by the Maldivian security forces that ousted the first democratically elected President in February 2012. Added to this is the political activeness of dictator Gayoom, which in itself tends to heighten the prospect of Maldives falling back to a dictatorship.

As we head to the second democratic election in Maldives history, I want to ask: will a popular election alone help foster democracy in Maldives? Moreover, how could we prevent a full-blown authoritarian reversal with power back in the hands of Gayoom?

Gayoom’s continuing influence over Maldivian politics cannot be denied. This is not a unique experience for nascent democracies.

Research has established that legacies of authoritarianism from which democracies emerge put more direct pressure on democracies than cultural and economic factors[i].

This kind of pressure from Gayoom’s legacy the on Maldives’ efforts towards democratic transition has manifested itself in different ways. Take, for instance, the country’s political institutions.

During three years of democracy, attempts by Nasheed’s government to implement reforms needed for the consolidation of democracy were met with ever increasing obstructions from Gayoom loyalists within various institutions.

Firstly, the effort to create an independent judiciary (without which a modern democracy cannot function) has been entirely undermined by judges loyal to Gayoom. The Supreme Court bench itself is composed mostly of Gayoom loyalists who share his political ideologies.

It makes sense to me now that, when Majlis voted on President Nasheed’s nominations, DRP opposed most of them. Having been in a position to observe the negotiations closely, I myself believe that Nasheed’s nominations, opposed by DRP, comprised less biased, more suitable candidates.

At the time, DRP was Gayoom’s party with a majority in Parliament. DRP MPs made a habit of rejecting Nasheed’s nominations and proposing a list of their own instead. They pushed hard to sit certain individuals—like self-declared Chief Justice Abdulla Saeed, a known Gayoom-affiliate—on the bench.

With the country facing a Constitutional void, President Nasheed compromised and nominated the current bench for Parliament approval.

Aishath Velezenee, a former Member of the Judicial Services Commission has provided a detailed account of how the process for appointing Supreme Court Judges took place.

The simple truth that we all know is, Supreme Court decisions have in one way or the other, benefited Gayoom and his allies. Is it a coincidence there is yet to be a Supreme Court decision that went against Gayoom or his allies?

Gayoom loyalists are similarly entrenched within the security services. Their loyalty to the dear leader had a major role to play in their mutiny against Nasheed on February 7, facilitating as it did the controversial transfer of power later that day.

Gayoom has denied widely circulated reports he was directing the night’s events from Malaysia. It cannot be denied, however, that he gave a phone interview to opposition-controlled media, indirectly encouraging the mutinying police.

It is no coincidence that after the coup, the head of security services are all pro-Gayoom loyalists. Now we have a Police Commissioner who served as the Deputy Commissioner in Gayoom’s regime, a regime well known for police brutality and torture.

The defence minister is a retired Colonel who also served under Gayoom. Furthermore, a reflection on the events in February 8 last year also shows that our security forces still continue Gayoom’s legacies.

Police brutality towards peaceful protesters, a defining characteristic of Gayoom’s regime, returned to the streets of Male’ with a vengeance, less than 24 hours after Nasheed’s government was brought to an end. It wasn’t hard to feel as if we had regressed, before 2008, before democracy.

Independent institutions play a vital role in consolidation of a democracy. Unfortunately for the Maldives, Gayoom loyalists are firmly embedded within, and often dominate, institutions like the Human Rights Commission, Police Integrity Commission and Civil Service Commission.

Most individuals comprising these commissions served in Gayoom’s government and still maintain close ties with him. This is hardly surprising given that just as with the nomination of Supreme Court justices, here too it was a DRP-majority Majlis that confirmed or rejected nominees to commissions.

The loyalty of some independent commissions to Gayoom was indeed evident from their actions following the police brutality on February 8. Neither the Human Rights Commission, nor the Policy Integrity Commission took any firm actions against the misconducts from the security forces.

Gayoom’s current party, the PPM, is so determined to retain these loyalists within the independent commissions that it is prepared to disregard even findings of serious misconduct against such individuals. The ongoing saga of Civil Service Commission (CSC) Chair Mohamed Fahmy is a case in point.

Parliament’s Independent Institutions Committee found in favour of a female staff member who accused Fahmy of sexual harassment and voted to remove him from the post. PPM members fought hard, but in vain, to save Fahmy. The Supreme Court was then asked to rule on whether the parliament’s decision was constitutional. Not surprisingly, the Supreme Court ruled in Fahmy’s favour.

Gayoom’s dictatorial legacy, entrenched deep within our political system is the main obstacle to the consolidation of democracy in the Maldives. The 75 year-old leader’s revived political activeness is further strengthening this obstacle. Reforms to the judiciary, independent institutions and security forces are essential if we are to consolidate and sustain democracy.

[i] See for example, Shin, Doh Chull (1994), ‘On the third wave of democratization: A synthesis and evaluation of recent theory and research’, World Politics, 47 (1), 135-70.

Ahmed Hamdhan is a third-year Bachelor of Arts (Policy Studies and Political Science) and a student at the Australian National University.

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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Maldives Broadcasting Corporation schedules presidential debate for September 1

The Maldives Broadcasting Corporation (MBC) has announced that a debate between rival presidential candidates will be broadcast via state media on September 1 this year.

MBC Managing Director Mohamed Shafeeq Mahmoud told local media that efforts were underway to secure the participation of the four key candidates presently expected to contest the presidential election, which has been scheduled for September 7.

These participants are expected to be President Dr Mohamed Waheed; Mohamed Nasheed of the Maldivian Democratic Party (MDP), MP Abdullah Yameen of the Progressive Party of Maldives (PPM) and MP Gasim Ibrahim of the Jumhoree Party (JP).

Shafeeq told Sun Online that in the build up to the debate, state television and radio would provide airtime for candidates to broadcast information on their campaigns from July.

Television Maldives (TVM) is expected to broadcast four separate live programmes, each focused on a single candidate that will include the opportunity for the public to ask questions, he said.

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Male’ surfers dump garbage outside city hall in protest over night market trash

A group of local surfers dumped a pile of garbage outside the entrance to Male’ City Hall today in a second protest aimed at preventing the waste generated by a night market held this month from polluting the Maldives’ capital city.

The rubbish pile was dumped at the MCC today (June 19) in an effort to pressure city councilors to organise a formal meeting with the group, so they can collaboratively prevent refuse from the ongoing night market event from polluting the area, the group claimed.

The rubbish was collected from roads around the market, known as the ‘Ungulhey Bazaar’, as well as the small park area local surfers refer to as ‘the garden’ located next to the capital’s ‘raalhugandu’ surf point in Henveiru ward.

Appalled by the excessive amounts of garbage littering the nearby streets, parks and sea due to the Male’ night market, last week the group of surfers staged a creative protest using the rubbish to try and pressure the city council into action.

Although the first protest did prompt responses from the Male’ City Council (MCC) and Go Media – the private company commissioned to organise the market – no formal meetings have yet been conducted to resolve the issue, Maldives Surfing Association (MSA) President Ahmed Fauzan ‘Karo’ Abbas told Minivan News today.

“We have tried to meet someone [from MCC and Go Media] and they have sent different representatives [to raalhugandu] to discuss the night market litter problem, but no one with decision making authority,” said Abbas. “Random people come but we don’t know who they are.”

“We have also previously sent complaint letters but no one has responded,” he added.

“I was [previously] told things would get better, but it’s getting worse,” he said.

The surfers today claimed that their second protest appeared to have been more successful.

“MCC has arranged an official meeting for Sunday (June 23), which will be attended by MSA as well as the Maldives Bodyboarding Association (MBBA),” said Abbas.

He added that although tonight marked the last night of the market, another event had been scheduled for October this year.

“We have told the city council we do not want the bazaar to be held here again. What the public is doing [throwing waste all over the area] is affecting our sport,” said Abbas.

Abbas explained that the raalhugandu area had a long association with surfing, adding that the excessive garbage – as well as advertising billboards erected in the area without consulting the community – all negatively impacted surf competitions held in the area.

“This is a public space and the public should be consulted before holding a big event [like the night market],” he said.

The MCC confirmed today that a first formal meeting with the MSA and MBBA is scheduled for Sunday afternoon.

“We scheduled the formal meeting to solve all the [garbage] problems and to discuss what difficulties they are facing due to the night market,” MCC Councillor Mohamed Falah told Minivan News today.

“I know that we have to solve the garbage problems very carefully,” said Falah. “I agree with their demands and that environmental problems are very important.”

“We will solve these waste issues at any cost,” he declared.

Raising awareness about the link between human and environmental health is necessary to stop people from haphazardly throwing their garbage everywhere, which is why the surfers are leading by example, local surfer Hamid Abdul Hadhi previously told Minivan News.

“Most of the pollution from the market ends up in the sea,” Hadhi explained. “The trash hurts the fishes and corals, plus when we’re surfing and get a plastic bag stuck to our faces then we’re in trouble.”

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