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Nasheed gives India a second chance to correct diplomacy: Firstpost

Having played a stupendously bad hand in the diplomatic game with Maldives a year ago, when former President Mohamed Nasheed was ousted in a coup, India has been given a rare second chance to get its priorities right in the Indian Ocean island, writes Venky Vembu for India’s Firstpost publication.

On Wednesday, Nasheed sauntered into the Indian High Commission in Male and sought refuge there from imminent detention by the police. An arrest warrant had been issued in his name for failing to appear before a local court in connection with events that preceded the coup that displaced him in 2012.

India has done right by giving Nasheed shelter, even at the risk of incurring the wrath of the government of President Mohammed Waheed, which is now preparing to use “non-lethal chemical agents” to disperse Nasheed’s supporters outside the Indian High Commission. Police are gathered in force outside the Indian High Commission, waiting to nab Nasheed, should he step out.

The situation is very volatile, and although the court appears to have rescinded the requirement for Nasheed to appear before it, it seems clear that the government is hell-bent on ensuring that Nasheed, who retains immense mass popularity even a year after his ouster, does not get to contest the upcoming presidential election, scheduled for 7 September.

On Wednesday, a statement issued by India’s external affairs ministry also signaled its support for Nasheed’s candidacy in the election, and urged the Maldivian government not to disqualify candidates – as that would impinge on perceptions of how free and fair the elections are. The Maldivian government has responded petulantly, urging India to respect Maldives’ judiciary and not interfere in internal political matters. The gloves, it appears, are coming off.

All these expressions of Indian solidarity with Nasheed come as a sharp contrast to the events of a year ago, when India ended up backing the wrong horse. It gave tacit backing to Mohammed Waheed, the coup leader, who replaced Nasheed, the island’s first democratically elected leader.

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Irritant and dye to be used in water cannons against violent protestors

A new method to break up violent protests involving the use of an irritant in water cannons is to be implemented by police this year, local media reported.

During a meeting to provide information on the peaceful assembly bill, Chief Inspector of Police Ahmed Shameem told local media that police will add “dye” and “irritant” to water in order to break up protests.

The irritant will be used in water sprayed at protesters, and will cause itching of the skin that can only be relieved when the affected area is washed.

“It will force protesters to temporarily leave the area. The skin will continue to itch until it is washed,” Shameem was quoted as telling Sun Online.

Shameem added that the dye will be used in order to identify protesters who escape the scene after causing damage to property during protests.

The colour will apparently remain on the body for two to three days.

Shameem said that the new substances are not harmful or dangerous and that similar methods are employed by developed countries to break up protests.

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MVR 11.7 million awarded to nine political parties from state budget

MVR 11.7 million (US$762,215) has been awarded to nine political parties from the state budget according to local media.

Secretary General of Elections Commission (EC) told local media that the Maldivian Democratic Party (MDP) had been awarded MVR 3.6 million (US$ 234,527) alone – the most money given to a political party this year.

Out of the 16 political parties registered at the EC, the nine that were awarded money include: MDP Dhivehi Rayyithunge Party (DRP), Adhaalath Party (AP), Maldives National Congress (MNC), Jumhooree Party (JP), Dhivehi Qaumee Party (DQP), Progressive Party of Maldives (PPM) and Maldives Development Association (MDA).

PPM received a total of MVR 1.98 million (US$128,990), DRP were awarded MVR 1.9 (US$123,778) million and JP received MVR 1.2 million (US$78,175).

Islamic Democratic Party, Maldives Social Democratic Party, Social Liberal Party, People’s Party, People’s Alliance, Maldivian Labour Party and Maldives Reform Movement, received no funding from the EC.

President of the EC, Fuad Thaufeeq, told local media that some parties were not awarded the money this year due to the commission being unable to contact them through the details the party had provided.

Parties were also not awarded money due to lacking the minimum number of members required by political party regulation.

The EC will disburse money to the political parties if the courts issue an order to do so, local media reported.

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Special harbour to be constructed for safari vessels

A special harbour is to be constructed in order to serve safari vessels catering for tourists, the Tourism Ministry has announced.

Deputy Minister for Tourism Mohamed Maleeh Jamal told local media that the harbour will be constructed along with the second phase of the Hulhumale’ development project and that work will begin soon.

“Safaris are in need of a good harbour. So far we have not been able to facilitate this. It is included in the fourth master plan, and during our various meetings, the idea is to build a harbour especially for safaris,” Maleeh was quoted as saying in local media.

The deputy minister did not specify the size or the facilities the harbour would provide, local media reported.

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Adhaalath Party opt out of presidential race for sake of “national stability”

The Adhaalath Party (AP) will not be nominating a presidential candidate in the upcoming elections for the sake of “national stability”, the party president was quoted as saying in local media.

AP President Sheikh Imran Adbulla claimed that if the party were to declare a candidate for the presidential elections it could throw the country’s political situation into turmoil, local media reported.

“We have decided not to put forth a candidate and form a coalition. Our hope is not to form a coalition with just one party, but a coalition made with many parties,” Imran was quoted as saying in local newspaper Haveeru.

Imran said that the party’s committee will have to submit a report in two months in regard to the coalition arrangement.

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Police arrest 16 protesters during demonstrations by Nasheed supporters

Protesters supporting the former Maldivian President gathered last night at an intersection near the Indian High Commission where Mohamed Nasheed has sought refuge from police seeking his arrest.

Riot police took up position outside the diplomatic premises shortly after 1:00pm yesterday, blocking the street outside to pedestrians and placing checkpoints in adjoining streets.

The street outside the High Commission was clear aside from a small group of police, including Special Operations officers and piles of riot shields.

Down the road, the crowd at the Sosun Magu junction were blocked by a line of police, and had reached an estimated 1500 people by around 10:45pm. Police entered the crowd and arrested several protesters, after glass bottles and temporary barricades were thrown into the police line.

As the day’s protests drew to an end last night, the area surrounding the Indian High Commission building on Ameer Ahmed Magu was in near silence after being cordoned off by police.  Minivan News observed at the time a minimal police presence across the street,  despite the diplomatic drama earlier in the day that had been covered throughout international media.

Further down the road towards the opposition demonstration, remnants of glass bottles that had been hurled at police earlier in the evening were the only visible sign of scuffles between law enforcement officers and Nasheed supporters.

Meanwhile, shortly before the protests concluded at around midnight, protesters who attempted to force their way through to the parliament building were met by police charges.

Police later announced they had arrested 16 people during Wednesday’s protests, including one minor and one female.

According to police, 11 of those arrested were on charges of obstructing police duty, breaking police cordons, entering closed areas and threatening police.

Authorities said the woman and one man arrested were intoxicated and had tried to enter restricted areas, as well as throwing water bottles and stones at police. No injuries were reported.

The courts had released two of those detained at time of press.

Maldivian Democratic Party (MDP) MPs and protest leaders called a halt to the protest around midnight, vowing to gather in the area every night while the former President remains in the High Commission.

Meanwhile, from inside the commission, former President Nasheed issued a statement calling on President Mohamed Waheed to step down from office and make way for an interim government that would oversee free and fair presidential elections.

“The events of the past year – the mass arrests, the police brutality, the politically motivated trials – demonstrate that Dr Waheed cannot be trusted to hold a free and fair election. Waheed should do the right thing and resign from office. An interim, caretaker government should be established that can lead the Maldives to genuinely free and fair elections, in which all candidates are freely able to compete,” said Nasheed.

He labelled his ongoing trial “a politically motivated sham” and said the Hulhumale’ Magistrate Court – established to hear his case – was illegal and created “with the sole purpose of disqualifying me from standing in the presidential elections.”

“The fate of Maldivian democracy hangs in the balance. The Maldivian people must not be robbed of their democratic right to elect a leader of their choosing,” he added.

In a statement, police accused Nasheed’s supporters of “voicing out their hatred towards police and spreading untruthful rumors of police trying to arrest Nasheed unlawfully, despite the Hulhumale’ Court’s court order.”

“The Maldives Police Service strongly condemns the spreading of incorrect rumors and assures the general public that police will stand to implement lawful court orders,” the statement read.

Sub Inspector Hassan Haneef would not confirm whether police would arrest the former President were he to step outside the Indian High Commission, and was unclear as to whether the court warrant to present the former President was still valid after the trial hearing was cancelled yesterday in Nasheed’s absence.

“Ex-president Nasheed is inside the Indian High Commission. It is not a question of arresting him, but making sure he is secure,” Haneef said, adding that school children were being allowed to move freely through the area this morning.

Correction: An earlier version of this article included a tweet from a Twitter account attributed to PPM MP Yameen Abdul Gayoom. Minivan News has been unable to establish the authenticity of this twitter account, and has removed the quote.

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Comment: What after Nasheed’s ‘refuge’ in Indian mission?

The comparison sounds curious, though not odious. Possibly taking a leaf out of Wikileaks boss Julain Assange’s tactic, former Maldives President Mohamed Nasheed has ‘taken refuge’ in the Indian High Commission in the national capital of Male, expressing concern over his personal ‘security’ and ‘regional stability’.

The comparison should however stop there, as Ecuador has since granted political asylum in its London Embassy, to help Assange avert arrest and deportation to face a criminal trial. No such request seems to have been made by Nasheed to India, nor has a situation seemed to have emerged for New Delhi to consider any such request at the moment.

“Mindful of my own security and stability in the Indian Ocean, I have taken refuge at the Indian High Commission in Maldives,” Nasheed tweeted a day after the suburban Hulhumale’ criminal court issued an arrest warrant for him to be produced before it. The warrant followed Nasheed not appearing before the court on Sunday, February 10, for standing trial on the charge of ordering the illegal arrest of Criminal Court Chief Justice Abdulla Mohammed on January 16 last year, when he was the President.

Nasheed had been to India after obtaining court’s permission and had overstayed the period during the previous visit, with his lawyers seeking further time from the three-Judge bench. Incidentally, this is the second time in five months that Nasheed had not appeared before the trial court when summoned. On October 1, the day he was to appear before the court, he proceeded on a long campaign tour of the southern atolls. The court later ordered his appearance, and had the police arrest him from a southern island, and let him off after recording his forced appearance.

The current development has raised a number of issues, legal, political and diplomatic. With presidential polls due in September this year, Nasheed would be disqualified from contesting the same if the court ordered his imprisonment or banishment for three years. The alternative penalty is MVR 2,000. The fine does not attract disqualification but an imprisonment of over a year does.

Despite all-round apprehensions about an inevitable term of imprisonment for Nasheed and the other three accused, the trial had not reached the substantive stage, for the defence team to hazard a guess about the possible quantum of punishment. The best case scenario for Nasheed would be his exoneration of the charges against him. In context, the prosecution would have to prove to the complete satisfaction of the trial and appeals courts that the orders for Judge Abdulla’s arrest were issued by President Nasheed personally, and they were patently illegal.

Questions also remain about the possibility of the case running its full course before the Election Commission puts the poll process in motion, in July this year.

As in all democracies, there is a three-stage judicial process, involving the High Court and the Supreme Court at the appellate levels. In between, Nasheed’s defence has also been taking up procedural issues at every turn. Interlocutory petitions on his behalf have not found much favour with the appeal courts, but the intervening time involved in the process has meant that the trial and the appeal stage may elude the deadline for the elections.

The legal issue at this stage also involves the wisdom of Nasheed’s defence possibly concluding that the arrest and production of Nasheed before the trial court would entail his imminent imprisonment. If so, it is unclear if the courts would have ordered a jail term for Nasheed, whether to restrict his movement, pending the disposal of the case, or for contempt of court. There may have been a case for the court to declare him as a ‘habitual condemnor’, given that this is the second instance of the kind.

According to media reports, the Hulhumale’ court, however, has since withdrawn the arrest warrant against Nasheed. It is also unclear if the court would want to hand down any prison term, endangering Nasheed’s freedom of movement, pending the conclusion of the trial stage. This has meant that the Hulhumale’ court, in a single stroke, may have removed Nasheed’s apprehensions about personal security, at least until the disposal of the case, either at the trial stage or at the final appeals stage.

It is also unclear if either the prosecution would seek court directions to enforce Nasheed’s continued presence and cooperation from now on, or if the judges would suo motu issue binding orders. With the two-day Maldivian official weekend falling on Friday and Saturday (February 15-16), the next move of the Government, the police and the prosecution would also be watched with interest. The possibilities are many, if one considered the judicial and legal options before the various players, including Nasheed.

Indian position

Through a series of statements on February 13, New Delhi confirmed Nasheed’s presence in the Indian High Commission in Male, and his seeking ‘Indian assistance’. The statement said India was in touch with Maldivian authorities in the matter, and wanted the government in Male to ensure that the elections were free and fair, and that there was no bar on candidates were not barred from contesting the presidential polls.

In an obvious reaction to the Indian statement, the Maldivian Foreign Ministry promised to ensure the immunity of resident missions of foreign countries in Male, implying that the police would not violate what is legally ‘Indian territory’ to detain Nasheed and produce him before the Hulhumale’ court. It made a pointed reference to the independence of Maldivian judiciary, about which there was no mention in the Indian statement.

According to local media reports, Government officials, in tweeted messages, claimed that India had ‘interfered’ with the domestic affairs of the country and also the judicial processes.

The Indian concern in the matter seems to flow from the substantial, if not proven majority support-base that Nasheed and the MDP enjoys within Maldives, and the wisdom of not allowing him to contest the presidency, over a pending court case. Any domestic unrest of the kind that marked Nasheed’s exit from the presidency in February last year could have consequences for political stability in Maldives – and by extension, the immediate Indian Ocean neighbourhood.

Indications are that political Maldives is as polarized for and against Nasheed this time round as it was around incumbent President Maumoon Abdul Gayoom ahead of the first-ever multi-party presidential polls in the country in 2008. How the nation and its 242,000 voters in the country would view the ‘stability question’ and equate it to the support-base of the MDP and vote for Nasheed’s candidacy, remains to be seen. This can also have consequences to political stability nearer home, for the region and bilateral relations with India.

From within the Indian High Commission, Nasheed has reiterated his earlier demand, asking President Waheed to demit office and allow an interim administration to take over, to ensure free and fair elections for the highest constitutional office in the country. As critics point out, this also has consequences. With parliamentary polls due in May next year, will there be a similar demand by different sections of the nation’s divided polity that the new President, elected this year, and his own Vice-President, too should quit office, to ensure free and fair elections, then as is being demanded now.

Incidentally, the constitution provides for Parliament Speaker to be President for two months and conduct fresh polls from the high office, should the incumbent, along with his Vice-President, to quit office, or otherwise fall vacant. This is the possibility that Nasheed has stressed in terms of ensuring a free and fair poll for the presidency, at present. However, the Constitution does not provide for a similar situation ahead of the parliamentary polls. The argument is that what is good for the presidential polls should be good also for the parliamentary elections. Or is it?

The writer is a Senior Fellow at the Observer Research Foundation

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

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India backs inclusive elections, as former President takes refuge in High Commission

The Indian government has confirmed that former President Mohamed Nasheed has requested India’s assistance after police sought to arrest him and present him to the Hulhumale’ Magistrate Court this afternoon.

Nasheed had previously missed a court hearing scheduled for February 10, which was cancelled in his absence. His Maldivian Democratic Party (MDP) maintain that the charges – based on his detaining Chief Judge of the Criminal Court Abdulla Mohamed during his final days in office – are a politically-motivated attempt to prevent him contesting the 2013 elections.

Rumours of Nasheed’s imminent arrest began to circulate on Tuesday (February 12) ahead of a scheduled hearing at 4:00pm the following day, prompting his supporters to camp in the narrow alley outside his family home in Male’.

By this morning, Nasheed entered the Indian High Commission, purportedly to “seek advice” from High Commissioner D M Mulay.

Shortly after 1:00pm, riot police blocked off the street outside the High Commission, as Nasheed’s supporters began to gather at the barricades.

The former President subsequently tweeted: “Mindful of my own security and stability in the Indian Ocean, I have taken refuge at the Indian High Commission in Maldives.”

“As a close and friendly neighbour, India has expressed concern over the ongoing political instability in Maldives and called upon the government and all political parties to adhere strictly to democratic principles and the rule of law, thereby paving the way for free, fair, credible and inclusive elections,” the Indian Government said in a statement this evening.

“Following the arrest warrant issued against him by the Hulhumale’ Magistrate Court, the former Maldivian President Mohamed Nasheed, who is a candidate for the Presidential elections in Maldives scheduled for September 2013, is in the Indian High Commission and has sought India’s assistance. We are in touch with the relevant Maldivian authorities to resolve the situation,” the statement added.

“Now that the President of the Election Commission of Maldives has announced that Presidential elections would be held on 7 September 2013, it is necessary that the Presidential nominees of recognised political parties be free to participate in the elections without any hindrance. Prevention of participation by political leaders in the contest would call into question the integrity of the electoral process, thereby perpetuating the current political instability in Maldives.”

India’s Ministry of External Affairs concluded its statement by contending it was “not in the interest” of the Maldives or the region to prevent any candidate from contesting the country’s presidential elections later this year.

“India would call upon the government and all political parties in Maldives to avoid any actions that would vitiate the political atmosphere in the Maldives,” its statement read.

In a tweet this afternoon, Home Minister Dr Mohamed Jameel implied that India was  meddling in the Maldives’ internal affairs: “What’s happening now gives us an indication of the extent and level of interest some countries prepared to take in our internal matters,” he said.

“I would strongly urge everyone to let our institutions deal with the challenges, allow Maldives to uphold rule of law,” he tweeted.

The Home Minister – also formerly Justice Minister during the Maldives’ 30 year autocracy – recently urged the courts “to conclude the case against Nasheed before the approaching presidential elections, in the interests of the nation and to maintain peace in it.”

“Every single day that goes by without the case being concluded contributes to creating doubt in the Maldivian people’s minds about the judiciary,” the home minister stated at the time.

The Maldives Ministry of Foreign Affairs issued a statement today in response to media reports that Nasheed had “sought refuge” in the High Commission, following the court’s issuing of an arrest warrant.

“Upon contacting, the High Commission of India confirmed President Nasheed’s presence at the Chancery and informed that he was present there for a meeting with the High Commissioner,” read the statement.

“The Ministry confirms that the government of Maldives will uphold and respect its obligations under international law with regard to diplomatic immunities and privileges granted to resident diplomatic missions. The Government is confident that all parties concerned, including the High Commission of India, will respect the laws of the Maldives and judicial independence as prescribed in the Constitution.”

Protests building

Minivan News observed crowds growing around the barricades at Sosun Magu. Shortly after 6:00pm, the crowd of around 700 people was charged and scattered by a group of 30 Special Operations officers in riot gear.

Former Minister of Housing and Environment in Nasheed’s government, Mohamed Aslam, has confirmed that the MDP’s National Council had today approved “direct action” against the government, notably a campaign of widespread civil disobedience.

“The whole situation is very fluid right now. Nothing will be ruled out,” he said. “What we are demanding is a transitional government, as well as free and fair elections that would include [former President] Nasheed.”

Aslam said that following a march of more than 10,000 in the capital on Friday (February 8 ) showed Nasheed had widespread popular support for contesting the elections.

Reports on social media meanwhile suggested that Nasheed’s luggage was being transferred to the Indian High Commission at time of press.

Disputed court case

Nasheed and his legal team have disputed both the charges against him, and the legitimacy of the Hulhumale’ Magistrate Court. The latter was created by the Judicial Services Commission (JSC). Nasheed’s lawyers have argued therefore that the court has no legal or constitutional authority.

Nasheed’s team raised these points in the first hearing of the case, stalling the process with a run of appeals and assorted injunctions.

Eventually the JSC asked the seven-member Supreme Court bench to rule on the court’s legitimacy, which it did in December 2012.  The court’s legitimacy was approved by four judges to three.

Former Attorney General Husnu al Suood observed at the time that Supreme Court Judge Adam Mohamed Abdulla should not have participated in the vote as he was also the President of the JSC, which therefore amounted to “presumption of bias”.

Meanwhile, the JSC appointed a three-member panel of judges to oversee the trial of the former president.

The Commission’s members include two of Nasheed’s direct political opponents, including Speaker of Parliament Abdulla Shahid – Deputy of the government-aligned Dhivehi Rayithunge Party (DRP) – and Gasim Ibrahim, a resort tycoon, media owner, MP and leader of the Jumhoree Party (JP), also a member of the governing coalition.

Numerous international organisations and reports have challenged the political independence of the JSC and the judiciary.

One recent report produced by local NGO the Raajje Foundation and supported by the UNDP and the US State Department, noted that the JSC’s mission under the 2008 constitution to ensure the new judiciary was was clean, competent, and protected from political influence, “has sadly gone unfulfilled.”

“The courts have essentially been able to capture the JSC so as to ensure that the old judiciary remained in place under the new constitutional order,” the report noted, predicting that the most likely scenario for the Maldives’ future was a cycle of failed governments.

Minivan News will continue live updates on the unfolding situation here

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Maldivians warned of influenza threat in India

Maldivians travelling to India have been warned by the Health Protection Agency (HPA) about the spread of influenza in the north of the country.

HPA’s Epidemiologist Dr Aishath Aruna told Sun Online that the virus had been misreported in local media as swine flu. Instead, influenza H1N1 is not swine flu and is less dangerous.

So far 450 people have been affected by influenza in Rajasthan in northern India, of which 94 people have died from the virus.

Local media reported that most of the deaths have been pregnant women and that the chances of the virus spreading to other parts of the country are high.

Dr Aruna told local media that influenza H1N1 virus had been observed in the Maldives since 2010, and that the virus prolongs and intensifies the symptoms of common colds.

Maldivians visiting India are advised to avoid crowds, wash hands with soap frequently – especially after coughing or sneezing – and make sure to receive vaccinations should your doctor advise you to.

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