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Comment: Maldives’ future more optimistic than Ginsburg scenarios

Professor Tom Ginsburg’s analysis of the prospects for a democratic Maldives (written August 2012) is unjustifiably pessimistic. This letter outlines why an analysis more optimistic in its conclusions is warranted.

Professor Ginsburg considers the consolidation of constitutional democracy the least likely outcome, with either a series of ‘failed governments’ or domination by a hegemonic faction as more likely. This letter does not dispute that the two less appealing scenarios are real possibilities, nor that that bringing about a more democratic politics will require great effort. However, as is undoubtedly obvious to the reader, following any path – irrespective of where it may lead – is not going to be easy at this delicate moment of Maldivian history.

This letter contends that Professor Ginsburg’s analysis is flawed in the following ways: 1) failing to recognise fully the implications of the 2008 elections and the resulting change in governance, 2) the factors that he deems adverse to democracy are either factors that assist a democratic transition or are neutral, and 3) expecting too much progress in too short a time.

First: political scientists agree that a country is not a democratic one until two alternations of power have been achieved by democratic means. The October 2008 elections qualify as the first. 7 February 2012 does not qualify as the second. However, the 2008 election represents a democratic opening. The high rate of voting (83 percent, reported by Minivan News) indicated a politically active and engaged population, as do more recent collective actions — including party activity and street demonstrations. The fact that the Maldivian people managed to achieve that democratic opening, after decades without democratic, or any other meaningful, political participation speaks volumes about their resourcefulness and competence.

A critical mass of the population of Male’ (at least) is as politically engaged now as it was then, and any analyst would only at their peril underestimate the potential of this population to surprise. At the level of government, the qualitative leap in administrative steering and standards of policy research, design and implementation in evidence beginning in 2008 shows that better – although still imperfect — government is certainly possible in the Maldives.

Furthermore, social mobilisation and popular participation in the campaigns of 2008 and thereafter belie Ginsburg’s assessment that civil society is ‘inchoate.’ Civil society in the Maldives may not express itself as frequently in written form as Professor Ginsburg expects, but it is no less significant and politically effective for its orality, and for its active rather than discursive manifestations.

Second: the Maldivian economy does suffer from a variety of vulnerabilities; weaknesses which have increased since the writing of the consultation paper. Following over three decades of accelerated development, and leaps in human development indicators, the Maldives achieved its status as a middle income country in 2004.

Under the Nasheed administration, it posted real GDP growth of 9.9 percent in 2010 and 8.3 percent in 2011 (World Bank). Mr Nasheed, as Professor Ginsburg recognises, introduced tax reforms (including a tourism goods and services tax) that improved medium-term fiscal sustainability, even as Mr Nasheed was also correct in diagnosing the serious problems posed by public debt/spending, and by an unsustainably large and inefficient bureaucracy.

In the regional context of South Asia, the Maldives is by a wide margin the wealthiest country, with a GNI per capita of US$5,721 (World Bank). India, which is a democracy of long-standing, has a GNI per capita of only US$1,410. Even considering foreign workers and the rentier aspects of the Maldivian economy, the Maldives possesses (proportionately) greater ability to attract foreign currency than any other country in the region; this capacity can afford some insulation against the vicissitudes of the global economy. Recent reductions in poverty, and nascent efforts at developing research capacity and higher education show that even in turbulent times the Maldivian state is capable of harnessing the natural and economic assets of the country for collective benefit.

Ginsburg alludes to “slum-like overcrowding in the capital.” The comparison with India again is apt; if Male’ appears to be a slum, it is apparent that he is unfamiliar with the ‘slums’ and ‘overcrowding’ of any city of similar size in that democratic country to the north, India.

Ginsburg cites the involvement of external actors in Maldivian politics, as something ostensibly diminishing the prospects for democracy. While foreign intervention is no doubt (and perhaps understandably) unpopular, it is far from evident how it will prevent democratization. In fact, Ginsburg himself alludes to contrary evidence, acknowledging that external actors contributed both to the former President Maumoon Gayoom’s decision to acquiesce to the democratic opening, and in the drafting of many laudable aspects of the current constitution.

The youth of the Maldives are an asset – not a liability. 99 percent literacy (according to the Commonwealth Secretariat), and the internet connectivity (particularly of youth, as Ginsburg observes), and the involvement of young people in the democratic opening of 2008 demonstrate that they constitute a source of hope, rather than a demographic of despair. Ginsburg does not explain or support the statement that they are “not being adequately integrated into the traditional social and economic structures.” Furthermore, their detachment from traditional social structures could equally well be a reason to anticipate the continuing dynamism and political potency of Maldivian youth.

Third, Professor Ginsburg appears to expect a vigorous, flawless liberal democracy to have been born of a wholly autocratic womb. A sound administrative legal code, the institutionalisation of parliament, an independent, skillful judiciary – these are all extremely unrealistic demands to make of a country that only four years ago staged its first competitive election.

Ginsburg consistently overlooks the necessarily incremental nature of political development following (any) regime change; he underestimates the time needed, and the setbacks that even a country in otherwise ideal circumstances will invariably encounter. He also overstates the immediate importance of the judiciary and legal culture at the expense of social movements and electoral contestation; the lesson in constitutionalism which he prescribes is of rather less moment than preparing for the upcoming election. The judiciary that is in place now and that likely will be in place during the upcoming electoral cycle is arguably no more flawed than that which was in place in the last (free and fair) national election, in 2008.

In conclusion: political scientists distinguish structure and agency. Structure includes things like the economy, institutions, geography and demography. The things that are essentially set, and not easily or quickly altered. Agency on the other hand, is the human element. It is the human will: human ingenuity, determination, and the capacity to surprise.

Professor Ginsburg has taken up only the first of these two: the structure. An analysis based on an understanding of the Maldivian people would not so readily discount the chance of a new, and a more inclusive and participatory, Maldivian politics.

Scott Morrison is a political scientist (Columbia University 2004 PhD)

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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Support for women’s rights in the Maldives declining, finds HRCM study

Support for women’s equality has experienced a “significant drop” despite overall progress in improving the human rights situation nationally, a Human Rights Commission of the Maldives (HRCM) second baseline survey has concluded.

“The ‘Rights’ Side of Life” [report] studied knowledge, behaviours and attitudes regarding human rights in the Maldives and reinforced many of the findings from the 2005 survey,” according to the UNDP-backed report released by the HRCM in December 10, 2012.

However, fewer respondents than in the first study believed that women should have equal rights to men in all seven of the areas surveyed (inheritance, divorces, work, politics, family matters, courts, custody), the report found.

“Despite the freedoms that the constitution has provided for women, attitudes towards women’s empowerment show a negative trend,” stated Andrew Cox, the recently-departed UN Resident Coordinator and UNDP representative in the Maldives.

“Alarmingly, the study also suggests that there has been a regression in people’s sensitivity towards domestic violence and gender based violence,” he added.

Male attitudes have become “more conservative” regarding women’s rights issues, whereas female views have become more supportive of rights in some areas, the report stated.

“Women have undergone a significant shift in attitude,” according to the HRCM survey.

In a reversal from the 2005 study, more women than men now consider it inappropriate for men to hit their wives.

However, significant numbers of respondents stated where there was a “substantive justification” – as opposed to something trivial – “violence against wives was justified,” the report determined.

Both genders in the Maldives were also found to believe that in the husband/wife relationship, women should play a “subordinate role”.

“It is widely considered among stakeholders and experts in the field that violence against women is based on such inequality,” the report stated.

Survey respondents mentioned sexual abuse and violence against women most often in regard to improving women’s equality and saw a need to focus on this controversial issue.

“There was some comment that the growing assertion of Islamic values might be resulting in changes of attitude in some areas covered by ‘The Rights Side of Life,’ [survey], such as those on attitudes to family and ideas about acceptable behaviour in the home, justifications for men hitting their wives,” quoted the report.

Furthermore, over a fifth of the women surveyed said they had been sexually harassed, with offensive or obscene sexual comments and behaviour, as well as men grabbing their hands in public being the most likely occurrences.

Regarding sexual harassment in the workplace, “more intimate forms of harassment” have decreased overall compared to the 2005 survey, but there is a “relatively high level” of sexually suggestive/obscene language. Both of these sexual harassment issues happen more often to rural women than urban women, the study found.

In response to sexual harassment at work, a woman’s most common response was to do nothing.

“The main reasons for this lack of action was their fear of not being believed; fear of people knowing/ bringing bad name to the family; and embarrassment and shame,” said the report.

In a related issue, sexual abuse of girls is considered a “serious problem” by 99 percent of women.

Additionally, sexual abuse of boys is viewed as a “serious problem” by both more women and men than in the previous HRCM study.

Political involvement

Women’s support for the right to participate in politics and government has risen, while men’s support has declined from nearly 73 percent to less than 58 percent.

Ultimately, a majority of women consider the country’s democratic reforms unsuccessful.

Their primary reasons for dissatisfaction according to the report were:

  • Ineffective politicians/government/executive
  • Influence/interference with the parliament or judiciary
  • Corruption
  • Mistrust among political parties/ineffective parliament
  • Lack of public understanding of democracy

More men than women respondents regarded the democratic reforms as successful. Less male respondents claimed to have voted compared to women in the 2011 local council elections and overall turnout was lower than the 2009 parliamentary elections. This was consistent with Electoral Commission findings, according to the HRCM report.

The primary grievances with the recent elections included, “mismanagement or incomplete voter registration; lack of voter education; aggressive campaigns along party lines; insufficient duration for voting; and last minute court election rulings,” the report stated.

“Human rights not in conflict with religion”

A “large majority” of people surveyed thought a copy of the Maldivian constitution should be given to every household by the government.

Furthermore, half of respondents believe that human rights do not conflict with religion.

Among the 10 most important human rights nominated by respondents included freedom of opinion, conscience and religion, which were not listed in either the 2012 or 2005 reports.

Of those who did think there was a conflict between religion and human rights, the most frequently mentioned concerns were “women’s right to equality, freedom of expression, child rights and Islamic punishments such as cutting off hands for theft, in that order,” the report determined.

Rural respondents and women were more likely to think there was a conflict between human rights and religion. However, there were many non-responses to the question and “vast majority” were unable to respond because they did not know whether such a conflict actually exists, the report stated.

The survey questions regarding religion were considered controversial, with several new questions added to the study regarding: family planning/contraception issues; the importance of women’s right to seek “safe and legal abortions” as well as the incidence of abortion; the right of foreigners to practice their religion; and the right to voluntarily decide if and when to marry and have children.

Reproductive rights were more strongly supported by men and women alike, including “abortion to be [made] legal to save the life of the mother or the baby, but not in other circumstances”.

Approximately 25 percent of women and 16 percent of men surveyed said they knew someone who had an illegal abortion, the report noted.

While many respondents did not think human rights were in conflict with religion or were unsure, there was little support for migrant workers having to right to practice their religion within the Maldives.

“Overall, less than 10 percent considered migrants should be able to practice their religion in public or private, about a quarter in private and nearly 60 percent not at all,” the study found.

Women were strongly of the view that migrant workers should not have the right to practise their own religion in the Maldives.

Freedom of expression and access to services lacking

Satisfaction levels regarding access to services – particularly regarding the realisation of economic and social rights – were said to be a prominent concern and have undergone an overall reversal since the first HRCM human rights study was released.

“For example, the main areas not working well in the police/security system were listed (in order) as: corruption; can’t get police when we need them; political influence; lack of fairness/ bias; and torture,” the latest report concluded.

Respondents ranked the most important human rights as access to education and healthcare, adequate standard of living, and freedom of expression.

However, the most mentioned human right was freedom of expression, while women’s equal rights rose from 8th to the 4th most mentioned issue.

The most frequently raised topic – particularly in rural communities – was the escalating crime rate.

“Criminals have more rights than ordinary people,” the study quoted a respondent saying.

Crime victims were found to be primarily young, male, and likely from the respondent’s community, the report claimed.

Children, elderly, and disabled vulnerable

Other vulnerable groups within Maldivian society include children, the elderly, and the disabled.

The vast majority of respondents reported that the level of protection of children’s rights was satisfactory – over 50 percent were dissatisfied.

The main areas in need of improvement regarding children’s rights included violence against children, having better access to education, drugs, gender stereotyping/ discrimination, and crime and or gangs, the study found.

“For older people, neglect; inadequate attention to health status of older people; abuse (physical or mental); lack of legislation and/or policies to protect older people; and inadequate housing for older people were concerns mentioned most often,” highlighted the report.

Lack of access to services were the primary issues discussed by the disabled, such as special needs schools for children and facilities within existing schools for them, education opportunities generally, inadequate healthcare including mental health services, employment and related services, stereotyping and discrimination.

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Maldives’ future “a cycle of failed governments”: report

The most likely short-term political future of the Maldives is a cycle of failed governments, according to a report produced by local NGO the Raajje Foundation, and supported by the UNDP and the US State Department.

“The Maldives finds itself at a critical juncture in its political development. The high hopes for the country after the new Constitution and first ever democratic election in 2008 have been tempered by the events of February 2012, in which President Nasheed resigned from office under claims of duress following weeks of public protests and increasing political tension,” writes Professor Tom Ginsburg from the University of Chicago Law School.

“This has led some observers to consider Maldives as a case of a broken transition to democracy, and there is growing disagreement among Maldivian commentators on what might the best or most desirable route forward.”

Democratic development in the Maldives is hampered by challenging conditions, including “a political culture that emphasises recrimination over reconciliation, a thin inchoate civil society, nascent higher education, limited transparency, a long tradition of patronage, massive wealth inequalities, difficult population demographics, weak politicised institutions, distorted labor market, and a narrow economy vulnerable to external shocks,” states Ginsburg.

“At the same time, the country is also confronted with major economic and social problems, such as the prospect of national insolvency and a young generation wracked by drug abuse, that would challenge much stronger states and more institutionally developed societies. This all renders the current moment one of very high stakes.”

The report documents an incendiary background for future political upheaval, noting that the 40 percent of the Maldives’ population aged under 21 are “not being integrated into traditional social and economic structures.”

Resulting issues included widespread youth delinquency and heroin addiction, affecting as much as eight percent of the population, the report notes.

“There are also other unstudied issues such as the slum-like overcrowding in the capital, increasing religious extremism, and a large illegal immigrant population, many of whom are believed to be trafficked as part of an organised racket in which the state seems either complicit or unable to control. Expectations are high but government capacity to deliver is low and a looming budget financing crisis means that there is very little room to maneuver,” it adds.

Researching such problems from the outside is difficult, Ginsburg writes, due to state obfuscation “by endlessly referring enquiries from one government office to another. Scholarship, policy analysis, and social data on the Maldives are almost nonexistent. It has for many been a very difficult country to learn about.”

“There is also very limited capacity in the Maldives for policy analysis outside a very few select government ministries. Indeed, there does not seem to be a culture of reasoned justification but rather any effort to provide a neutral perspective is assumed to be and is viewed as politically partisan.”

The report analyses the economic crisis facing the country, noting that ballooning public expenditure had reached the point where 10 percent of the population is employed by the government, and commented on the lack of an independent pay commission to prevent parliament and other commissions from effectively raising their own salaries to those akin to developed countries.

Independent commissions were in a position where they faced either accusations of selective enforcement based on politicisation, “or focused on fact-finding and other activities to keep them out of the heated political conflicts of the day.”

The Judicial Services Commission (JSC)’s mission 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,” writes Ginsburg.

“While the 2008 Constitution does include a provision allowing for five year terms for current judges before appointing them for a life term till the age of 70, presumably to allow some transition from the old regime, it is now not clear this provision will be exercised without some dramatic and unexpected change in circumstances.”

A raft of new civil society organisations which sprang up after 2008 were meanwhile accused of being “aligned with various political agendas”, while “a few organisations have obtained an effective chokehold on international funding and support, inhibiting the overall growth and competence of the sector.”

Three scenarios

Against this backdrop – “a cascade of serious structural weaknesses that undermine continued democratic development” – the report outlines three potential scenarios for the country: a cycle of failed governments; dominance of one hegemonic faction; and an eventual move towards constitutional democracy.

Scenario one: Cycle of failed governments

This scenario would be most likely to result ”if the current government pursues its legal case against former President Nasheed in a shortsighted and headstrong manner, or if Nasheed escalates conflict to try to ‘overthrow the government’,” Ginsburg writes.

In this scenario – the most likely – “personalities rather than policy differences continue to define the party system and alliances of political aspirants shift back and forth among two or three factions competing to secure access to state resources.

“These personalities, when in government, will therefore always have the incentive to stymie critically needed reforms for fear of cutting down the very patronage networks that sustain them and allowing their opponents to promise to restore this largess.

“In this scenario, true national leadership becomes the casualty. No one will be willing to take the tough decisions to put through the needed legislation, undertake essential bureaucratic rationalisation, and get the government on a proper fiscal footing. One government after another will find itself unable to do what is required in order to break through the cycle of repeated failure.”

With the state paralysed, “There will be almost no chance for the unanimous consensus required to make the constitutional changes needed to reintroduce rigorous judicial accountability or even rewind the country back to its transitional period.

“Given the politically weak bargaining power of the general public, and the large and still growing youth demographic in particular, radical ideologies and charismatic anti-establishment figures may become more popular with a frustrated but disempowered population,” Ginsburg predicts.

Scenario two: Dominance of a hegemonic faction

“Some already talk openly about a ‘Singapore option’ in which a single political party takes leadership and empowers a technocratic state apparatus to provide for the public good,” writes Ginsburg.

“The permanent collapse or suppression of one faction to another does not seem likely to occur without a use of force which would put Maldives in clear violation of its treaty obligations and basic international norms. Consequently, efforts to attain hegemonic control would actually likely lead to an even more adversarial version of the cycle of failed governments scenario in a way that is perhaps reminiscent of Maldives’ present situation,” he warns.

“With a still politically disempowered public unable to truly hold government to account, this scenario may similarly also lead citizens to look to more radicalised religious and non-establishment actors who claim to offer more equitable alternatives to the status-quo.”

Cautioning against comparisons with Singapore, the report notes that the Maldives “is coming from a completely different context and, more significantly, does not have a potential leader who could command the respect that Lee Kuan Yew earned in Singapore.

“Pursuing a strategy premised on the promise of enlightened leadership is thus risky and likely to fall back into a cycle of failed governments. It is also what the Maldives had sought to move away from in the first place by not supporting a continuation of its prior tradition of autocratic governance.”

Scenario three: Constitutional democracy

The most internationally-desirable forecast for the Maldives “is also the least likely”, writes Ginsburg.

“This would involve potential alternation in power among political groups, a focus on policies as the basis for political decision-making, along with a deep infrastructure to support the development and implementation of policies, significant constraints on extra-constitutional governmental action, and a sense of political maturity that has heretofore been lacking,” he states.

The report outlines a number of recommendations to achieve this scenario, particularly constitutional education to encourage the kind of public pressure “that ensures that politicians and government agents comply with the orders of courts, independent agencies and the intent of the Constitution.

“Ignorance of the public on their own Constitution is by far the most obvious gap within the Maldives’ democratic transition,” the report suggests.

In terms of judicial reform, “There must be mechanisms to ensure that the judges obey the law and apply it consistently. there are reasons for concern about the current situation, in which the legal framework is underdeveloped and the Supreme Court has foreclosed many of the extant channels of ensuring accountability.”

Ginsburg proposes a more active and independent, self-regulating bar association, with lawyers freed from the requirement to be registered through the attorney general’s office. He notes that the International Bar Association “has repeatedly offered its assistance”, but suggests that the prospect is unlikely “given the politicisation of the various groups who would have come together for such a purpose.”

Programs such as citizen-initiated ‘court-watch’ initiatives, common in other countries, were hampered by the lack of open courtrooms. Moreover, “rules squelching discussion of court decisions form a major barrier to this or any other channel of accountability.”

The report proposes the use of laymen in adjudication, with four to five citizens “sitting with two to three judges in serious criminal cases such as murder.” However, “the challenges of implementing such a system in the Maldives with its dense network of family ties should not be underestimated.”

The report cautions that donors supporting the development of judicial capacity in the Maldives “must tie this to developing enhanced mechanisms of accountability.”

Read the report

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American high school teacher implementing sustainable mosquito control project in the Maldives

“For most people in Siskiyou County, mosquitoes are no more than a nuisance. But in the Maldives, where they breed rapidly and transmit painful and sometimes deadly Dengue fever, they’re much more of a problem”, Californian publication Mount Shasta Herald  reports.

“Former Mount Shasta High School teacher Trudy Rilling-Collins is working to control mosquitoes in the Maldives in an environmentally friendly way. She recently enlisted help from MSHS graduate Sydney Miller to implement sustainable mosquito control projects with local islands in the Maldives, a double chain of 26 atolls consisting of 1,200 islands off the coast of India and Sri Lanka.

Rilling-Collins hopes to create a project model that will empower the Maldivian people to effectively control mosquitoes on their own. Not only will this benefit the people – both local Maldivians and tourists – but it will also help the environment, she explained.”

To read more, click here.

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MDP accuse Commonwealth Secretariat of complicity in “coup” cover-up

The Maldivian Democratic Party (MDP) has accused the Commonwealth Secretariat of being involved in an alleged cover-up of key details surrounding the controversial transfer of power on February 7, 2012.

In a statement released yesterday (January 23), the MDP claimed that parliament’s Executive Oversight Committee (EOC) had uncovered evidence of a “systematic government cover-up designed to subdue testimonies from key witnesses to the coup d’etat”.

The statement accused the Commonwealth Secretariat of having “close involvement” with the government’s Committee of National Inquiry (CoNI) that reported on the power transfer on February 7, 2012 – making it implicit in any alleged cover-up.

Among the MDP’s allegations, the Commonwealth Secretary-General’s Special Envoy to the Maldives Sir Donald McKinnon was accused of “giving in” to government demands to appoint certain individuals to oversee the report.

“The CoNI, established by Dr Waheed shortly after he came to power, was originally made-up of three people – all well-known sympathisers of former President Gayoom – and chaired by President Gayoom’s former minister of defence,” the statement read.

“After an international outcry, the government was forced to agree to reform the CoNI. The Commonwealth Secretary-General’s Special Envoy to the Maldives, Sir Donald McKinnon, was subsequently sent to the Maldives to mediate an agreement, but eventually gave in to government demands that President Gayoom’s former defence minister must remain as chair, and that the other two members must remain in place.”

The MDP added that the final report of the CoNI had maintained that the transfer of power had been constitutional and rejected allegations of a “coup d’etat” despite what it claimed was “widespread evidence to the contrary.”

Minivan News is awaiting a response from the Commonwealth Secretariat at time of press.

The statement was released the same week in which senior military and police intelligence figures gave evidence to the EOC alleging that the transfer of power on February 7 “had all the hallmarks of a coup d’etat”, and claimed that the final CoNI report had not reflected their input.

The figures included Brigadier General Ibrahim Didi, Commander of Male’ area on February 7, Police Head of Intelligence Chief Superintendent Mohamed Hameed, Chief of Defense Force Major General Moosa Jaleel, Head of Military Intelligence Brigadier General Ahmed Nilaam, Chief Superintendent of Police Mohamed Jinah and Commissioner of Police Ahmed Faseeh.

All six have since resigned or been suspended from duty.

President’s Office Spokesperson Ahmed ‘Topy’ Thaufeeq told Minivan News today that the CoNI report was a “transparent” process undertaken by “qualified Maldivian people”.

“Because of this, the CoNI report is accepted by the government. We have a judiciary, if anyone has a problem with this affair they can go to the courts themselves,” he added.

Asked whether the MDP’s allegations that the suspension of senior military staff who gave evidence to the EOC was an attempt by the government to “subdue testimonies from key witnesses”, Thaufeeq argued that the government “was not in a position to talk about a military matter”.

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Hearing cancelled for 15 year-old girl facing fornication charges

The hearing of a 15 year-old girl charged with having “consensual sexual relations” was cancelled on Wednesday (January 23) following a request from the Prosecutor General (PG).

Juvenile Court Official told local media that the PG wanted to cancel the hearing as “charges had been raised against an individual for engaging in sexual activity with an underage person while holding a trustworthy position”, local media reported.

The hearing – to take place in Juvenile Court – had been cancelled in order for the PG to see if there was any reason to withdraw the fornication charges against the girl.

According to local media, the letter sent by the PG to Juvenile Court requesting the cancellation of the hearing did not mention who the “trustworthy” person was.

Earlier this month, a PG’s Office spokesperson confirmed that the charges against the minor were related to a separate offence under Sharia Law, which had been filed on November 25, 2012.

The 15 year-old, who is from the island of Feydhoo in Shaviyani Atoll, last year gave birth to a baby that was discovered buried in the outdoor shower area of a home on Feydhoo. Her stepfather was later charged with sexual abuse, possession of pornographic materials and committing murder without intent.

According to local media, the mother is now facing charges of concealing a crime.

The PG’s Office and the Juvenile Court were not responding to calls from Minivan News at time of press.

The charges against the 15 year-old have been labelled an “absolute outrage” by NGO Amnesty International.

In a statement Amnesty International’s Maldives Researcher Abbas Faiz stressed that suspected victims of rape and sexual abuse required counselling and support rather than criminal prosecution.

“We urge the Maldivian authorities to immediately drop all charges against the girl, ensure her safety and provide her with all necessary support,” the NGO’s statement read.

Amnesty Intentional also raised concerns that should the minor be found guilty of “fornication” as reported in the media, she could potentially be flogged in line with sentencing for similar cases held in the country.

“If found guilty of ‘fornication’ the girl could be punished with flogging. She would likely be kept under house arrest until she turns 18 when, under Maldivian law, the flogging can be carried out. Flogging is a violation of the absolute prohibition on torture and other cruel, inhuman and degrading treatment or punishment,” Amnesty International stated.

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Maldives’ waste management hampered by local politics, lack of funding

Government civil servants are still working to create functional waste management systems despite numerous failed projects nationwide and a lack of ministerial collaboration.

Establishing a national waste management system is dependent on the success of a US$6.5 million pilot program implemented by the Ministry of Housing and Environment.

Ahmed Nizam, Solid Waste Management Coordinator for the project, told Minivan News that construction of one system on the uninhabited island of Vandhoo in Raa Atoll will hopefully be completed by late 2013 and the system should be operational by the beginning of 2014.

Nizam explained, “This differs from previous projects because it is holistic, sustainable, and state of the art. It is a regional waste management system that includes everything – community awareness, equipment, infrastructure, transportation, and processing – whereas previous projects lacked in one or more of these areas.”

The World Bank funded Maldives Environmental Management Project (MEMP) will cover four northern atolls – Noonu, Raa, Baa, and Lhaviyani – and plans to process 52 tons of waste daily for 45 inhabited islands (over 7000 households), 15 operational resorts, 15 resorts in development, and nine industrial islands.

“The Vandhoo processing system has been engineered by a German company and meets European standards. The World bank would only provide funds to a properly functioning facility,” Nizam stated.

The processing facility on Vandhoo differs from previous waste management endeavors in that it has learned from the horrific failures of Thilafushi. There will be controlled incineration and no open burning, mixed waste, or land reclamation using trash.

Instead, composting of organic waste – which accounts for 70 percent of trash volume – will be dealt with at the island level, while the incinerated ash that cannot be reused for making bricks will be landfilled in “cells” that prevent chemical leaching into groundwater.

“Thilafushi is not what we want. The current conditions there pose serious health and safety threats to Bangladeshi workers living there and those toxins spread to Male’ and Villingili as well.

“The citizens of Raa atoll have expressed concerns the Vandhoo site will be another Thilafushi and we have gone to great lengths to ensure that will not happen,” Nizam added.

Although recyclables will be separated, there will be no facilities on Vandhoo to process them. Currently, the only alternative is to sell to neighboring countries.

However, there are plans to convert heat produced from the incinerators using a “donkey boiler” into electricity.

Nizam also explained to Minivan News that current government policy dictates waste must be brought to the nearest designated processing facility.

In practice, this “proximity principle” means that waste from the northern atolls can be transported to Vandhoo instead of Thilafushi.

“With only two transport vessels for this regional system we lack the capacity to expand transportation to the northern-most atolls. However, there is a possibility the transportation network can expanded in the future,” Nizam stated.

Depending on the success of this pilot program and access to development funds, regional centers are planned to be built throughout the country. In the interim, transporting waste to Vandhoo island will serve as a stop-gap measure.

A waste tracking system is included in this regional system, which will monitor how much garbage is being sent by resorts and matching this against what is received on Vandhoo, to discourage dumping into the sea by rogue garbage contractors trying to avoid fuel bills.

To further ensure the project’s sustainability, island councils in the region as well as civil society organisations are partnering with the MEMP to educate islanders through community-based awareness programs.

“Resort fees and household fees will cover operational costs, so this regional system will not be dependent on government funds. However, the government has the option to subsidize fees for islanders,” Nizam said.

The newly created state utilities company Fenaka Corporation Ltd will run the Vandhoo operations.

MEMP is currently negotiating with civil works contractors to develop Vandhoo infrastructure.

Past failures and current shortcomings

Establishing waste management systems on the islands has been an ongoing struggle.

Most islands have waste areas that vary in quality and have no means of processing or removing trash from the garbage areas.

Nizam explained that after the 2004 tsunami the United Nations (UN), Canadian and Australian Red Cross built infrastructure and provided equipment for some islands, however no island level program plans or systems were put in place.

A more wide-scale failure was the European Union (EU)-supported Ari Atoll waste management program.

“All the studies were completed and islands were provided infrastructure and equipment, however funding was withdrawn [for a regional processing facility] because the government-proposed equipment was deemed too expensive and no regulations were established,” according to Nizam.

Former President Mohamed Nasheed’s government attempted to correct the problem but could not secure funds, or establish sustainable public private partnerships due to political polarisation fueling a lack of island council support, he added.

Currently, under the EU and Australia Aid funded Climate Change Trust Fund (CCTF), a pilot program is being launched to support waste management development on five Ari atoll islands and one waste transfer vessel that will bring garbage to Thilafushi, Nizam further explained.

Correcting the mismanagement of Thilafushi remains a work in progress.

The previous government under Nasheed had signed a waste management agreement with India-based Tatva Global Renewable Energy back in May 2011 to implement a system designed to generate power from recycling waste.

The contract has been undergoing renegotiation with the current government as part of efforts to provide what it has called a more “mutually beneficial” agreement – a move slammed by the Male’ City Council (MCC), which accused authorities of trying to “sabotage” the deal.

Meanwhile the Ministry of Tourism, Arts and Culture has pledged to take the “lead” in addressing waste management issues in Male’ should the city’s council and the Ministry of Environment and Energy fail to effectively deal with concerns about garbage.

There are no regulations or laws for waste management, only the Environmental Protection Act, however the Environmental Protection Agency is in the “final stages” of completing regulations and should be releasing them within the next few weeks, according to Nizam.

Is civil society filling the gap?

The opinion of many islanders is that since there is no way to process or remove the waste, there is no point in not littering.

Imad Mohamed, Executive Director of Huvadhoo Aid (HAD), told Minivan News about some of the projects and related challenges this non-governmental organization (NGO) has encountered regarding waste management and environmental conservation.

Huvahdoo Aid’s main focus in this area is helping other NGOs throughout the region develop community-based waste management plans.

“However, last year HAD tried to construct waste management center on Hoadedhdhoo island in collaboration with the Male’-based NGO Community Aid, funded by the Mangroves for the Future (MMF) program. We also had a partnership agreement with a neighboring resort that was willing to donate an incinerator.

“However, the Hoadedhdhoo Island Council claimed that they did not want HAD to build the [waste management] centre, because it is ‘mandated’ that the island council should run the centre,” according to Imad.

A source from the partnering resort explained that they were excited to donate the incinerator to HAD, assist with installation, and even modify it to create hot water free of change.

“It had been sitting on our dock for five months rusting,” the source explained.

However, logistics to transport the incinerator could not be arranged.

The incinerator has now been given to a different island in the atoll.

The Hoadedhdhoo Island Council did not respond to calls at the time of press.

Resorts going it alone

Resorts are aiming for “self-sufficiency” when it comes to waste management, since there are no regional centres in operation.

While there are tourism regulations that require certain waste management systems are constructed on resorts, they are only inspected once constructed, Nizam told Minivan News.

“Facilities are not properly used, are very costly, and some resorts claim tourists do not want to see waste burning,” he said.

Whether resorts adopt sustainable, environmentally-friendly practices is de facto voluntary.

Some are motivated by the need to maintain an eco-friendly reputation and sell the Maldives as a “premium [vacation] destination” that is also “environmentally sensitive,” a resort manager told Minivan News.

Their resort is “trying to do the right thing” and has developed a waste management system that has reduced 70 percent of their waste.

“Thilafushi is just wrong. We have reduced our trips there from seven per week to one,” the source stated.

The resort also conducts training for staff and their Maldivian team has “embraced” these environmentally friendly practices, the manager claimed.

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“We have been off the streets for some time – now we are back”: MDP

Maldivian Democratic Party (MDP) supporters marched through Male’ on Tuesday (January 22) for the first time in several months to protest against the current coalition government.

The protest was the first large-scale march through the city since the Freedom of Assembly Bill was ratified by President Mohamed Waheed Hassan Manik earlier this month. The party claimed over three thousand attended.

MDP Spokesman Hamid Abdul Ghafoor told Minivan News that the party plans to hold more assemblies and protests in next coming months around Male’.

“The MDP have been off the streets some time, we had taken a break. Now we are back. We have too many options and ideas opening up and people need to know what’s going on,” Ghafoor added.

The demonstration took place the same day former President Mohamed Nasheed called on parliament to create an interim, caretaker administration following a week in which senior members of the defence and military gave evidence alleging the transfer of power on February 7 “had all the hallmarks of a coup d’etat.”

Minivan News observed the protest as it moved down through Majeedhee Magu at around 5:00pm on Tuesday evening.

Despite the large turnout of protesters and disruption caused to traffic, Minivan News witnessed only four police officers observing the march from down a side street off Majeedhee Magu.

Asked as to why police presence had been limited during the protest, Maldives Police Service (MPS) Spokesman Hassan Haneef said police had been “observing the protest”.

“Under the Freedom of Assembly Bill there are guidelines for protests. We made no arrests and I do not see why there should be a problem if there is no trouble caused,” Haneef added.

Minivan News witnessed only one incident of confrontation when a protester threw a handful of Maldivian rufiya notes at the face of a police officer – who did not react.

As protesters walked passed two police stations on Ameene Magu they began to chant “Baghee” to officers watching from outside.

“When you compare to how the police have reacted to us in the past, it was very different today. I still do not believe that the whole of police and Maldivian National Defence Force were involved in the coup,” Ghafoor said yesterday.

“In the past there is only trouble from police when we move into areas where they get nervous. They do not confront us as long as we keep away from those areas,” he added.

President’s Office Spokesperson Masood Imad and Police Commissioner Abdulla Riyaz were not responding to calls from Minivan News at time of press.

Usfasgandu handover

The protest took place a day after Male’ City Council (MCC) Mayor ‘Maizan’ Ali Manik appealed to High Court to suspend a Civil Court ruling ordering it to hand over the MDP protest site – Usfasgandu – to the Ministry of Housing and Infrastructure.

“The government want the MDP to go onto the streets, that way they can say there is no stability in the country and preventearlyelections from being held,” Manik alleged to Minivan News on Monday.

Responding to the Mayor’s allegations, President’s Office Spokesperson Masood Imad claimed the mayor needs to be more “Male’ mayor” than “MDP mayor”.

“Who is to say the MDP will start protesting on the streets if Usfasgandu is handed over? Why do some people think the [MDP] always protest?

“Contrary to what Mayor Manik thinks, I don’t think they go around making protests, I think the MDP are good guys,” Imad said.

Freedom of Assembly

The recently ratified Freedom of Assembly Bill imposes a number of restrictions on protesting from both protesters and police alike.

Among the key features of the Freedom of Assembly bill is the outlawing of demonstrations outside private residences and government buildings, limitations on media covering protests not accredited with the state and defining “gatherings” as a group of more than a single person.

One of the main stated objectives of the legislation is to try and minimise restrictions on peaceful gatherings, which it claims remain a fundamental right.

Under the legislation, demonstrations will be outlawed within a certain distance of the residences of the president and vice president, tourist resorts, harbours utilized for economic purposes, airports, the President’s Office, the courts of law, the Parliament, mosques, schools, hospitals and buildings housing diplomatic missions.

Earlier this month Ghafoor told Minivan News that the MDP stood against the principles of the Freedom of Assembly Bill, alleging its ratification is a response to the ‘Ingilaab’ proposed by former President Mohamed Nasheed last month.

Speaking at yesterday’s protest, Ghafoor said that the MDP had obtained permission from Male’ City Council to protest. MCC Mayor ‘Maizan’ Ali Manik also took part in the protest.

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Two Pakistani nationals arrested for carrying forged passports

Customs authorities in the Maldives have arrested two Pakistan nationals for carrying two forged passports.

The two men arrived on an Emirates flight to the Maldives and were arrested based on information provided by the Immigration Department, local media reported.

Upon a security check, three more passports including two Pakistan passports and one Belgian passport were found in their luggage.

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