Down and out in the Maldives: Business Standard

The Maldives offers a range of thrills — all you need is time to kill and dollars to burn, writes N Sundaresha Subramanian for the Business Standard.

But I have neither the time nor the dollars. So I go looking for ways to get to Kandooma. Most of my fellow passengers are honeymooning couples or Maldivians returning home with families. I am the odd one out, a realisation that makes me a little jittery.

I ask an elderly security guard. “Kandooma…err.” he searches the sea and says, “Sorry I don’t know.” No one else seems to either. Finally, hidden in the arrival area, I find a counter with the name of my resort on it. I run to the frail receptionist in orange shirt and khaki pants. “A boat is leaving in 10 minutes, sir, please take a seat.” Thank god. How far is Kandooma from here? “Forty-five minutes by speed boat.”

But I need to come back to the airport for the ceremony at night. What time does the boat leave from there? “There is a boat at 8 pm. But they will charge you.” “That’s ok,” I say feeling the five 20-dollar bills in my shirt pocket. I am a little worried as the only other passengers to Kandooma are an elderly white couple. As the boat arrives I am relieved to see some more men join the crew of three.

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Comment: Human Rights Day 2012 marks exclusion and imposition of government by force

As we look back on this week’s celebration of Human Rights Day 2012, it is important to recall what, beyond the pageantry and back-slapping, this day really stands for.

During the 30-year long dictatorship of President Gayoom, those of us who longed for a fair, just and democratic Maldives would mark Human Rights Day by wearing secretly-printed t-shirts to mark the occasion – printed in stealth, worn in stealth. We took this risk (open advocacy of human rights and political reform was liable to end with a jail-term) because Human Rights Day was, we believed, important – a moment to remember that the outside world stood steadfastly behind our hopes for a better future.

It is therefore difficult, in 2012, not to feel a sense of disappointment – even shame – at what Human Rights Day has become, at least for Maldivians.

Human Rights Day 2012 goes under the banner of “inclusion and the right to participate in public life”.

Over recent days we have heard the UN Resident Coordinator encourage people to play an active role in public life and to hold public servants accountable (no word, however, about securing accountability for the systematic human rights violations that have occurred since February). We have heard the Human Rights Commission of the Maldives warn us that enjoying human rights should not be taken as an excuse to break the law (an unusual message for a national human rights institution to focus on – but not entirely a surprise). We have heard the Commonwealth Secretary-General remind the government (more in hope than expectation) that those responsible for gross human rights violations following February’s coup – mainly police officers guilty of beatings and torture – must be held accountable.

And yet, these platitudes come against a background wherein, in 2012, the majority of Maldivians who voted in 2008/9 have been disenfranchised; wherein those of us who want a new election in order to reassert our fundamental right to choose our government are being routinely beaten, arrested and tortured, wherein members of parliament who have sought to protest against the death of our democracy are being hounded, threatened and chastised as infidels; wherein the presidential candidate of the Maldives’ largest party is being manoeuvred into prison by the ancient regime; wherein the man who stands accused of torturing many over his 30 years of dictatorship announces he is likely to be a presidential candidate, again, and wherein our corrupt and immoral judiciary is openly attacking parliamentary prerogative and the constitutional separation of powers in order to protect those guilty of sexual harassment, and to protect the government from democratic scrutiny.

How is it possible that the UN, the HRCM, and our friends in the international community can let this year’s Human Rights Day pass without any mention of the dismantling of our democratic rights; without any suggestion that in 2012 we have lost, for the foreseeable future, our right to participate in public life and to determine, freely, our government; and without any meaningful call for those who have had their rights violated in 2012 to receive justice and redress?

For those of us who weep for the lost promise of our young democracy; for those of us who flinch at every new injustice heaped upon us; for those of us who wish our former friends in the international community would stand-up for the rights and principles that they purport to uphold; Human Rights Day 2012 will be remembered as nothing more than an empty shell.

Not even worthy of a hidden t-shirt.

Eva Abdulla is an MP in the opposition Maldivian Democratic Party (MDP).

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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MDP requests parliament look into alleged police cover-up of bystander’s death

The opposition Maldivian Democratic Party (MDP) filed a motion Wednesday (December 12) asking parliament to look into the death of Abdulla Gasim Ibrahim, accusing the Maldives Police Service of a cover-up.

Leaked CCTV footage released in early December threw into dispute the official police account of 43-year-old Gasim’s death. Police had initially stated that he had died due to injuries caused in a motorcycle accident, while the footage appears to reveal that a police officer had some involvement in the incident.

In the footage, a police officer is seen attempting to stop a speeding motorcycle suspected of being used by thieves to flee a crime scene.  Using his baton, the officer in the footage appears to hit out at the vehicle’s driver, causing him to lose control of the bike that then collides with Gasim’s motorcycle.

The MDP has submitted a motion to the parliament asking the Committee on Oversight of the Executive to look into the matter, and hold those responsible accountable.

“The police have not shared details of the actual events with either the family or the public. The video footage that was leaked shows that things happened in a way absolutely contrary to the initial reports. That is why we have submitted the motion and asked the parliament to look into this and make the authorities answerable to this,” MDP MP Mohamed Aslam said.

The motion was submitted by Mohamed Aslam and supported by MPs Ilyas Labeeb and Mohamed Rasheed – all from the same party.

Police Integrity Commission (PIC) President Abdulla Waheed stated today that he was out of Male’ on an official trip and was unaware of case proceedings at the moment.

Meanwhile PIC Director General Fathimath Sarira, speaking to Minivan News on December 3, has stated that the commission had previously received the footage and an investigation was nearing the point of conclusion.

Gasim’s family has said they have received no updates to date on how the case was proceeding either from the PIC or the police.

“I don’t know what else we can do. [police] are elusive and very slow, which is why we keep calling back. All I want is justice,” Naseema Khaleel, Gasim’s wife previously stated.

Human Rights Commission of the Maldives (HRCM) Vice President Ahmed Tholal was not responding to calls at the time of press.

The MDP and former President Mohamed Nasheed had previously also released statements condemning the alleged cover-up of the incident, calling on Police Commissioner Abdulla Riyaz to take responsibility for the matter.

“I am shocked and appalled by the leaked video, which appears to show a policeman hitting a motorcyclist in the head with a baton, which led to the death of an innocent bystander,” Nasheed stated at the time.

“Under [President Mohamed] Waheed’s administration, we are seeing a return to the thuggish brutality of Maldives’ authoritarian past. I implore the international community to pressure the Waheed government to immediately and impartially investigate this case, to bring human rights abusers in the security forces to book, to cease its harassment of opposition members, and hold early elections so democracy can be restored.”

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Supreme Court orders halt on parliamentary appointment of new CSC head

The Supreme Court today released a temporary stay order requesting parliament not appoint a new President to the Civil Service Commission (CSC) until the judiciary concludes a case submitted by former CSC head Mohamed Fahmy concerning his removal from the post.

The court, in reference to the constitutional procedures that needed to be followed in cases of this type, said it was ordering parliament under Article 144(b) of the Constitution of the Maldives to temporarily halt any work related to the appointment of any person to the recently vacated post.

Article 144(b) states: “When deciding a constitutional matter within its jurisdiction, a court may in connection with a declaration pursuant to the article make any order that is just and equitable, including an order providing just compensation for any damage sustained by any person or group of persons due to any statute, regulation or action that is inconsistent with the Constitution; or an order suspending the declaration of invalidity (of a statute, regulation or action due to inconsistency with the Constitution) for any period and on any conditions, to allow the competent authority to correct the defect.”

The order was issued in response to a request for a temporary halt order made by Fahmy, who has submitted a case at the Supreme Court alleging that he had been removed from his post in an unlawful move by the parliament.  Fahmy was represented in court by lawyer and Progressive Party of Maldives (PPM) Council Member Mohamed Waheed Ibrahim.

Separation of Powers

Article 187(a) and (b) of the Constitution states that a member of the CSC shall be removed from office only on the grounds of misconduct, incapacity or incompetence, and a finding to that effect by a committee of the People’s Majlis, and upon the approval of such finding by the People’s Majlis by a majority of those present and voting, calling for the member’s removal from office.

In accordance with this, Fahmy was removed from his post on November 20 through a vote in parliament over claims he had allegedly sexual harassed a female employee. The vote had been taken in parliament after members debated the findings of a report into the allegations, which was compiled by the Committee on Independent Institutions.

The 70 members who partook in the vote were split 38 for removing Fahmy to 32 against, with two abstentions.

“What is at stake is the supremacy of the parliament as the representative of the people. By its actions, the Supreme Court is challenging the separation of powers that underpins the constitutional basis of governance,” Maldivian Democratic Party (MDP) MP Eva Abdulla told Minivan News.

Article 88(b) of the constitution states: “Unless otherwise specified in this Constitution, the validity of any proceedings in the People’s Majlis shall not be questioned in any court of law.”

Meanwhile, Department of Judicial Administration Director Ahmed Maajid defended the Supreme Court order, “In addition to Article 88(b) there is another clause in the constitution which says that the courts can look into any issues which breach human rights or the constitution. That is my personal view.”

Vice President of the Human Rights Commission of the Maldives Ahmed Tholal said that the commission could not yet comment on the matter as they had “just read about it in the news” and had so far not discussed it among the commission’s members.

Chair of the Committee on Independent Commissions Mohamed Nasheed, Speaker of Parliament Abdulla Shahid, Deputy Speaker Ahmed Nazim and Dhivehi Rayyithunge Party (DRP) MP Rozaina Adam were not responding to calls from Minivan News at the time of press.

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HRCM Deputy Tholal expresses shock at attitudes towards gender discrimination

Human Rights Commission of the Maldives (HRCM) Vice President Ahmed Tholal has spoken on the challenges presently facing women in Maldivian society, expressing shock at the attitudes of some – including senior policy makers – to gender discrimination.

Tholal’s comments were made as the Gender Advocacy Working Group on Monday (December 10) held a special event to celebrate the conclusion of 16 days of activities promoting calls for an end of violence against women.

The HRCM Deputy pledged during his speech that the commission would resolve to work ceaselessly in trying to bring an end to gender-based violence across the country.

“At HRCM, we often hold related workshops. We often have activities to assess perceptions of gender roles by the participants. The perspectives on women held by some senior policy making level individuals are often views that leave us, as men, completely ashamed,” he said.

“Being a man myself, I myself am shocked and ashamed by the justifications these people present as reasons why men and women cannot work at the same levels, or hold equal posts. This is why we need to keep on working on this cause.”

Tholal further continued, “Some would say that the constitution and supporting laws do not differentiate based on gender. My question is, is this honestly the case when it comes to actual practices?”

He added that as long as these prejudices were common, and women were subjected to discrimination and violence, he was reluctant to accept that Maldivians lived in a “modern and civilised society”.

16 day focus

As part of  calls for an end to violence against women, the Gender Advocacy Working Group this year carried out awareness activities from the November 25 to December 10 – a date chosen to coincide with International Human Rights Day.  These awareness activities were held with the cooperation of the United Nations Population Fund (UNFPA), as well as a number of other local NGOs, government offices and youth volunteers.

The objective of the campaign was to call for an end of violence against women in the country, while also pressuring the government to expedite arrangements for providing services to the victims of domestic violence.

The advocacy group pointed to records showing an estimated one in three women in the Maldives have been victims of domestic violence during their lives, calling on government to ensure that the Family Protection Authority was provided with a sufficient budget to implement the Act Against Domestic Violence and complete the actions detailed in it.

“One of the main steps that need to be taken to end violence against women is to accept that such acts do occur in our society and to honestly want to bring an end to it, it is therefore necessary for the community to share the same viewpoint on such matters if inhuman acts like these are to be eradicated,” the Gender Advocacy Working Group claimed in a statement.

The group organised a number of activities in Male’, Hulhumale’ and Villimale’ to raise awareness of the issue over the 16 days. These included the relatively new concept of forum theatre performances on the street, which encouraged onlookers to join in and be a part of the act.

In addition to these performances, 16 ambassadors of the campaign were honoured. A theatre performance by youth volunteers showed a number of related problems that were faced in the local society, and prompted suggestions for solutions from the audience.

The campaign has also pledged to help victims of domestic violence by planning to set up safe houses, provide free legal counsel and establish a helpline for support.

The group has also called for the inclusion of issues of gender-based violence and gender equality in the school curriculum and to increase participation of women in the law implementation bodies of the state.

Human Rights Commission of the Maldives (HRCM) Vice President Ahmed Tholal has spoken on the many challenges presently facing women in Maldivian society, expressing shock at the attitudes of some- including senior policy makers – in regards to gender discrimination.
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Government takes over airport, evicts GMR

Indian infrastructure giant GMR has handed Ibrahim Nasir International Airport (INIA) over to the state-owned Maldives Airports Company Limited (MACL), after the Maldivian government voided the concession agreement and gave it seven days to leave the country.

The sudden eviction of the developer – which won a 25 year concession under the former government to manage and upgrade the airport – scraps the project, which at US$511 million was the single largest foreign investment in the Maldives.

GMR had clung to the terms of its concession agreement while the government fanned growing nationalistic and anti-India sentiment. On November 27, President Mohamed Waheed’s cabinet declared the agreement ‘void ab initio’ – invalid from the outset – and ordered the developer to leave.

With arbitration proceedings already underway in Singapore over the contested airport development charge (ADC), GMR received a stay order on its eviction and appeared confident of its legal position even as the government declared that it would disregard the ruling and proceed with the eviction as planned.

On December 6, a day prior to its eviction, the government successfully appealed the injunction in the Supreme Court of Singapore. Chief Justice Sundaresh Menon declared that “the Maldives government has the power to do what it wants, including expropriating the airport.”

That verdict, effectively legalising the sovereign eviction of foreign investors regardless of contractual termination clauses or pending arbitration proceedings, was “completely unexpected”, according to one GMR insider – “the lawyers are still in shock”.

A last ditch request for a review of the decision was rejected, as was a second attempt at an injunction filed by Axis Bank, GMR’s lender to the value of US$350 million.

Following a meeting with staff yesterday, GMR issued the following statement:

“In deference to the orders of the Court of Appeals, Singapore; GMR Male International Airport Ltd (GMIAL) will facilitate a smooth takeover of the Ibrahim Nasir International Airport (INIA) by the Maldives Airport Company Ltd (MACL), effective midnight tonight.

GMIAL has been assured that as a result of this takeover all its employees, suppliers and other interested parties will not be put to any inconvenience. GMIAL remains committed to finding a suitable solution to this situation. We are taking requisite steps to work out the compensation receivable from the Government of Maldives, keeping in mind the judgement of the aforementioned court and the concession agreement dated 28th June 2010.

All actions as above are without prejudice to our legal rights and statements made before various courts/tribunals where matters are currently being pursued or likely to be taken up.”

An invitation-only press conference to mark the handover was held by Defence and Acting Transport Minister Mohamed Nazim in the airport VIP lounge at midnight. Minivan News understands that GMR did not participate for legal reasons.

During the ceremony, Finance Minister Abdulla Jihad presented the official handover documents to MACL Managing Director Mohamed Ibrahim, and said that the Maldives would pay whatever compensation was required “however difficult”.

Economic Minister Ahmed Mohamed claimed the eviction would enhance investor confidence:

“Investor confidence will only increase when they know that Maldives will do everything in accordance with the law,” Haveeru reported the minister as saying.

Attorney General Azima Shukoor expressed hope that the compensation would be lower than anticipated.

Estimates as to the amount of compensation for which the government is liable have ranged from the US$220-240 million GMR estimated it has already invested, up to US$700 million – a sizeable chunk of the country’s GDP.

Apart from the size of the compensation is the Maldives’ ability to ultimately pay, given the crippled state of its domestic economy.

Finance Minister Jihad in late October warned that the Maldives would be unable to pay government salaries without a promised US$25 million loan from India.

A month later, amid rising anti-India sentiment over the GMR issue and a diplomatic incident triggered by the government’s spokesperson, Jihad described India’s calling in of US$100 million in existing loans as “not a major concern”. The debts, he said, would be paid from the state’s reserves, which local media at the time reported could fall to as low as US$140 million (MVR2.2 billion) once the payments to India were settled.

An International Monetary Fund (IMF) delegation in November warned that the Maldives’ financial reserves “have been declining slowly, [and] now account for just one and a half months of imports, and could be more substantially pressured if major borrowings maturing in the next few months are not rolled over.”

Further pressure on reserves came from a ballooning public debt ratio, “which now stands at over 80 percent of GDP, and has helped to boost national imports, thus worsening dollar shortages in the economy and putting pressure on reserves,” the IMF warned.

Presenting the 2013 budget to parliament in late November, Jihad warned of “bitter consequences” should the spending trend continue.

His target budget deficit of 6.1 percent in 2013 takes into account a raft proposed revenue raising and cost cutting measures which would impact the tourism industry – such a proposed tourism GST increase to 15 percent – and require parliamentary approval.

Further modernisation of the airport – or even completion of the existing upgrade – is likely to require extensive outside assistance or further loans. The rusting foundations of GMR’s new terminal sits on 60 hectares of newly reclaimed land on the airport island, after the government ordered a halt to the development in August. Large sections of the old terminal remain boarded up for construction work, which the government’s ability to proceed with is in doubt.

Further modernisation of the airport is likely to depend on outside assistance. President’s Office Spokesperson Masood Imad told Indian newspaper The Hindu yesterday that after reclaiming the airport, the government would again float a tender for its modernisation “and get more parties in to take the work forward.”

“The tender will be floated by the Maldives government in a transparent manner and after consulting investors. The mistakes made during the float of the tender which has been cancelled will not be repeated,” Imad told the paper.

Environment Minister Dr Mariyam Shakeela has meanwhile separately appealed to China for financial and technical support, telling journalists from the Chinese government’s authorised web portal China.org.cn that the Maldives “needs funds for infrastructure building.”

“We are obviously in need of funds and technical assistance as we do not have the financial means, the technical know-how or the capacity to address these huge climate change issues,” said Mariyam, in an appeal for assistance with climate adaptation.

The government has dismissed speculation Chinese involvement in the development, however Minivan News has learned that senior Chinese military officials landed at the airport in the tense week leading up to the handover, even as India warned of “adverse consequences” should the government proceed with forceful eviction.

India’s reaction after the Singapore Supreme court ruling was muted. Ministry of External Affairs Spokesperson Syed Akbaruddin said the ministry was “studying” the judgement and that their lawyers “need to understand it”.

“There are two issues in the case – one the sovereign right of a nation and other the legality of the agreement, which was linked to compensation to GMR and its associates in Malaysia, he said the latter part has not been “affected or responded” in today’s judgement.

“These issues are not affected with the judgement or not responded to. Fulfilment of all legal process and requirement is what we want to see in this case and we hope that all relevant contracts and agreements would be adhered to and all legal process are carried through,” he said.

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Comment: Through the looking glass

‘Democracy, freedom, human rights have come to have a definite meaning to the people of the world which we must not allow any nation to so change that they are made synonymous with suppression and dictatorship.’ Eleanor Roosevelt, September 28, 1948.

The Soviet dictator, Joseph Stalin allegedly said that ‘The death of a man is a tragedy; the death of millions is a statistic.”

Although this may be attributed to his lack of humanity, it also makes a salient point about the nature of 20th century dictatorships. Like Pol Pot and Mao Zedong, Stalin belonged to an exclusive group of dictators who wielded enormous power and exterminated millions of people who stood in their way.

Although Gayoom’s dictatorship in the Maldives was never in the same league, the political constructs were the same: the monopoly of the press, iron-fisted control of the judicial system, one party rule and the torture of political opponents as a tactic to stay in control.

However, in the late 1970s, just as Gayoom was beginning to spread his tentacles of power in the Maldives, globally, the tide began to turn in favour of democratic ideals. The fundamental concepts of life, liberty, justice, equality and the notion of the common good made a come-back. Concurrently, the word ‘dictator’ which was synonymous with absolute power and authority, became a term of ridicule, of derision, signalling an appalling inability to change with changing times.

But have dictatorships, like the famous parrot immortalised by Monty Python, ceased to be, expired and gone to meet their maker and become bereft of life? Have they kicked the bucket, run down the curtain and gone to join the bleeding choir invisible?

There are two realities that people of liberal persuasion must grasp. Firstly, despite the Arab Spring and strong forward movements by democratic ideals, conservatism as a trend has re-asserted itself. The Empire has struck back, nurturing the same ideology but armed with a different set of tools. It has reinvented itself and like a chameleon, reappeared in a different guise; one that is more in tune with the 21st century political landscape.
Secondly, and most importantly, democracy is worth fighting for. Its defining characteristics of justice, inclusiveness and equality are universal values that give dignity to human life. Despite the slow encroachment of conservative and elitist ideologies, democracy is not finished, it is close at hand and its worth demands our sacrifice.

But beware! Today’s dictator is not in a uniform covered in gold-plated medals; nor is he an object of ridicule generating derisive laughter. He is well spoken, cosmopolitan and media savvy. His CV and certificates on the wall may indicate strong academic connections that validate his claim to good governance and commitment to progressive ideals. He is Putin of Russia. He is Mohamed Morsi of Egypt. He is Mohammed Waheed Hassan of the Maldives. They are the new face of dictatorships in the 21st century.

Shimon Peres, one of the recipients of the Nobel Peace Prize in 1994 said, “Today, if you are looking for a safe job, don’t become a dictator.” The world has become less forgiving of human rights abuse, torture and mass killings. Dictators not only have to show restraint in their own personal inclinations and hide their draconian political agendas, but they also have to dress their actions in a different style. Thus the art of equivocation has been perfected by modern dictators. They understand that excessive violence in the tradition of Tiananmen Square is no longer possible, but they still relentlessly punish their opponents. They stand behind what seems a set of progressive laws, but they are masters of the selective application of these.

Waheed’s government in the Maldives provides an almost text-book study of this type of dictatorship; its creative double-talk masking its overwhelming cruelty and desperate grasping for control.

His search for legitimacy and global recognition came early. One of his first political engagements was to write to heads of states to explain why he was forced to take over power. He proactively set the scene: here was a man of reason, who could articulate his noble intentions in rational and practical terms; here was a man who could be trusted to work with the international body. However, almost simultaneously, on his home-turf, the members of his police and the armed forces, who helped to place him in the presidency, were executing a reign of terror, previously unseen in the Maldives.

According to a reply written to Waheed’s letter by Mike Mason, the Energy adviser to President Nasheed, Waheed is ‘committed to Maldives and Democracy.’ But Mason fails to distinguish between a simplistic, self-indulgent, self-deluding belief in democracy on the one hand and the physical responses and actions which totally destroy democracy on the other hand. Mason simply underlines what many of us know – Waheed is a superficial individual who lacks the intelligence to see beyond his rhetoric. He has never demonstrated his commitments to democratic principles.

Proof of this can be seen in his rewarding the armed forces with resort islands, promoting and increasing their salaries as opposed to bringing to justice the police and defence force members who brutally attacked innocent Maldivians and vandalised public property. The proposed budget for 2013 would see an increase of the defence spending by 14 percent. Instead of promoting democracy he is paving the way to a military dictatorship. All signs indicate that such a fate is not far.

Meanwhile, the IMF mission, in November this year spoke of ‘a ballooning fiscal deficit’ the effects of which are felt by the average Maldivians who are struggling, not simply because of the global economic recession, but due to the moribund economy based on the debilitating corruption and nepotism condoned by the Waheed, Gayoom, Military consortium. In doing so he is destroying meritocracy, the civil service, the level playing field and the acceptance of differences that exist in a true democracy.

Waheed speaks of Maldives as ‘a damn good democracy’, yet he has denied the people their call for an early election, disregarding the advice by international bodies such as the EU and the Commonwealth to do so. There are increasing allegations by MPs that his government’s bullying tactics are creating a ‘climate of fear’ in the People’s Majlis.

Ostensibly he stands for tolerance, yet his bedfellows and support base include the Salafists. The country is fast sliding into a fundamentalist nightmare where an Adhaalath ( The Islamist party) aligned MP has recently gone so far as to call for one of his opponents to be ‘hanged to death’. Journalist and writer, Azra Naseem, points out that in ‘a damned good democracy’ the president describes his Islamist supporters as ‘Mujaheddin, fighting a Holy War.” All these add to the climate of intolerance, hatred and escalating violence.

New age dictators like Waheed claim to stand for law and justice. The Maldives for instance, has a constitution. But the new dictator of the 21st century is adept in the selective application of this justice. Putin for example uses his fire and health regulations to close down opposition radio stations and newspapers. But the same rules are not applied to his supporters. In the Maldives also, justice is used to destroy opponents; and this together with the failure to bring to justice more urgent cases that need addressing, creates a tangible state of injustice.

Waheed’s main focus is to prevent the former president, Mohamed Nasheed, from participating in the next elections. Meanwhile the immensely corrupt judicial system and the Chief Judge of the Criminal Court, Judge Abdulla Mohamed continue to high-jack any efforts to make progress in this all important sector of the state.

Like the dictators of the past, Waheed continues to use propaganda to white-wash the actions of his government and its supporters. However, the style today is more subtle. The regime’s narrative is disseminated in a two- pronged programme. The first and the most expensive, and possibly the least effective, has been the employment of the Ruder Finn PR company at a cost of US$150,000 a month. Fortunately for the seekers of truth, the contract was terminated in November this year: it is not clear whether the bankrupt Maldivian government ran out of money to fund this type of expensive hobbies, or that the company came to the inevitable conclusion that some clients are just too toxic for it to be associated with.

The second, and the most direct, has been the narrative constructed by the regime: the building of metaphors, the framing of issues and the controlling of the political dialogue that help their cause. Here MDP is depicted as an aggregate of drug taking, alcohol swilling people who lack any respectability. Nasheed is attacked personally and presented as a cynical opportunist who uses the democratic platform to get to power for personal gain. We have to ask why?

Is this because they have no other way of attacking Nasheed? Could it be that his actions, unlike the words of the dictator, speak louder? During the three short years under MDP, a comprehensive system of old age pension was introduced and access to health care for all Maldivians improved. For the first time, the outlying islands began to get the recognition and support they deserve. There was development in infrastructure. Travel between the islands was upgraded with a more efficient transport network and the fiscal deficit, the legacy of neglect of Gayoom’s regime, was attended to. In 2010 IMF reported that ‘the government of Maldives has put together and is implementing a set of essential fiscal adjustment measures’, but in April 2012 under Waheed, it raised “grave concerns for the Maldives economy.”

It is not surprising that in the recent by-election in Raa Atoll, a regime stronghold, MDP support shot up by 120 percent. It is obvious that they cannot attack the actions of their opponents, so they are reduced to attacking the people involved.

Waheed’s political vicissitude does nothing to inspire confidence, either in his own people or in international stake-holders. Some see his failure as a result of the hand he was dealt with, which was “almost impossible to play.” Others question his intelligence; the type of intelligence that functions when cocooned in an ivory tower, is different to that which is required in running a state. Some comment on his poor work ethic or his inability to commit to any one objective. Perhaps there are elements of truth in all these, but the defining weakness is in his ideological stand.

Dictators may appear to have made a come-back. But within their success in reinventing themselves, and gaining support though the dangerous game of deception, lie the seeds of their own destruction. A dictatorship is a dictatorship, however it is packaged.

Abraham Lincoln was believed to have said, “You can fool some of the people all of the times, and all of the people some of the time, but you cannot fool all of the people all of the time.”

The new-age dictator cannot have it both ways. Despite ‘candid’ letters and high sounding rhetoric, a dictatorship is not a democracy and we must never let ambitious despots use democratic jargon to gain legitimacy.

The passage of time has become the greatest witness to Waheed’s failure. Nine months has elapsed since the coup and the political and social landscape is littered by the fall-out of his inability to lead. Violence has escalated, government influence of the media has increased and Islamic fundamentalism has been allowed to grow into a forceful political power. Even Waheed has been forced to admit that “everybody runs the state as they please.”

Personal freedoms have declined as has the standard of living of the majority of Maldivians. The state is bankrupt and the government’s financial and political supporters cannot seem to grasp the simple fact that the Maldives is a vulnerable, small state that needs the goodwill of its neighbours.

Crucially in this political wilderness, the police and the armed forces have been permitted to do as they please. Time has shown that Waheed’s brand of dictatorship is not working. This begs the question: will he move up to the next level of dictatorship and use more force or, while he is procrastinating and thinking of the appropriate rhetoric, will the police and the armed forces take the initiative and establish themselves as a military government? Sadly, none of these impending eventualities are in the best interest of the people of the Maldives. But, these are the only two alternatives for Waheed’s government.

There is room for optimism, however. The greatest danger to dictators has never been the well-meaning bureaucrats hidden behind glass windows of high rise buildings. The most feared opposition to injustice and authoritarian rule has always been the ordinary people. Democracy, as an ideology is global. Its strengths are firmly embedded in universal and timeless ethical values. It is not simply a convenient aphorism to claim that human progress towards its full potential has little to do with technology and materialism but has everything to do with the way we learn to treat each other. Democracy is a potent force that will not be beaten. As Victor Hugo said, “There is one thing stronger than all the armies in the world, and that is an idea whose time has come.”

As the world slides down to economic recession, the opposing forces of democracy and dictatorship are equally balanced globally as they are in the Maldives. The traditional caretakers of democracy, America, Europe and the Commonwealth, are focused largely on the internal, economic problems of their respective nations. It would appear that the coast is clear for men who lust for absolute power, to seize the moment.

However, paradoxically, economic hard-times can also make the self- interest of dictators and the lifestyles of their elitist friends stand out in stark contrast to the poverty and the struggle of the ordinary man on the street. The masses, no longer kept distracted by ‘bread and circus.’ can rise again.

Nothing is as powerful as the will of the people.

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 editorial@minivannews.com

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“Maldives can do whatever it wants”: Chief Justice of Singapore

The Supreme Court in Singapore has overturned an injunction blocking the Maldivian government from voiding its concession agreement with GMR and evicting the airport developer by midnight tomorrow.

“The Maldives government has the power to do what it wants, including expropriating the airport,” declared Chief Justice of Singapore, Sundaresh Menon.

The Maldives appealed the stay order which was granted after cabinet on November 27 declared the country’s concession agreement with the developer ‘void ab initio’, or invalid from the outset, and gave the company seven days to hand over the airport to the state-owned Maldives Airports Company Limited (MACL).

The government rejected the injunction, with President Mohamed Waheed’s Special Advisor telling reporters: “I believe that the Singapore court interpreted the law wrong. We cannot wait for a hearing of the appeal. What I am saying is there is no damage to GMR but we face damages by not terminating the agreement.”

GMR dug in its heels, clinging to the injunction, with the backing of the Indian government, which urged the government to take “no arbitrary and coercive measures pending the outcome of the legal process underway.”

CEO of GMR Male International Airport, Andrew Harrison, told Minivan News on Thursday afternoon that it was “too early to say” whether the withdrawal of the injunction meant company was now obliged to hand the airport over to MACL before the deadline on Friday.

“We are waiting to review the full judgement, which is currently being written up. We’ve always been advocates of following the law. We will have a staff briefing tomorrow afternoon,” he said.

MACL meanwhile released two statements claiming that it had met with airlines operating at the airport and advised them that it would be taking over the airport from midnight at December 7. Details of the meeting were not provided.

MACL’s website remains inaccessible a week after it was targeted by Indian hackers, who replaced it with the slogan: “If you don’t know how to secure a website, can you run an Airport securely, MACL?”

GMR held a press briefing for journalists in Delhi yesterday.

Asked about whether GMR had felt the involvement of another country such as China in the development of the Male’ airport, the company’s CFO Sidharth Kapur said “I can’t say that for sure. But, looking at the political situation and political framework in Maldives, I can’t rule out anything.”

GMR had received no response from any attempt to communicate with President Mohamed Waheed, he said.

President’s Office Spokesperson Masood Imad meanwhile told Indian newspaper The Hindu today that after reclaiming the airport, the government would again float a tender for its modernisation “and get more parties in to take the work forward.”

“The tender will be floated by the Maldives government in a transparent manner and after consulting investors. The mistakes made during the float of the tender which has been cancelled will not be repeated,” Imad told the paper.

The Waheed government has previously accused the International Finance Corporation (IFC), a World Bank entity, of being “irresponsible” and “negligent” in advising the former government of President Mohamed Nasheed in the concession of INIA

The IFC has denied the accusations, stating that its advice was geared towards achieving the “objective of upgrading the airport and ensuring compliance with applicable international regulations” and providing the Maldives government “with the maximum possible revenue”.

“A competitive tender was organised with the objective of selecting a world-class, experienced airport operator, who would rehabilitate, develop, operate and maintain the airport,” said an IFC spokesperson, in September.

Environment Minister Dr Mariyam Shakeela has separately appealed to China for financial and technical support, telling journalists from the Chinese government’s authorised web portal China.org.cn that the Maldives “needs funds for infrastructure building.”

“We are obviously in need of funds and technical assistance as we do not have the financial means, the technical know-how or the capacity to address these huge climate change issues,” said Mariyam, in an appeal for assistance with climate adaptation.

Former President Mohamed Nasheed, under whose administration the concession agreement with GMR was signed, called on the government to reconsider its decision to take over the airport and “pull back from the brink and cease its counter-productive behaviour, which is damaging the nation’s economy and bilateral relations.”

Nasheed said the Maldives was “rapidly developing a reputation among foreign investors akin to Zimbabwe, where government might is right and contract law counts for nothing.”

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Maldivian government appeals stay order as GMR eviction deadline nears

The Maldivian government is appealing an injunction granted by the Singapore High Court halting its eviction of Indian infrastructure giant GMR from the Maldives pending the outcome of arbitration proceedings.

Minivan News understands that the hearing began at 10:00am this morning Singapore time, and is expected to take most of the day.

The government at the time denounced the injunction as an imposition on the country’s sovereignty. At a press conference hours after the stay order was granted by the Singapore High Court, Defence and Acting Transport Minister Mohamed Nazim pledged the government would “continue the airport takeover and Insha Allah from next Saturday onwards [the state-owned] Maldives Airports Company Limited (MACL) will be running the airport.”

“The government remains firm and committed towards implementing its decision to terminate the agreement. We will not reconsider it,” he said at the time.

The deadline for the government’s eviction of the Indian airport developer is midnight tomorrow (December 7).

GMR on Tuesday “categorically” refuted claims by the government to international media that it had agreed to vacate Ibrahim Nasir International Airport (INIA), following a meeting between airport CEO Andrew Harrison and Defence and Acting Transport

Harrison told Minivan News that Nazim had said that “no force would be used to take over the airport” and that “media reports that the MNDF would take over the airport are untrue.”

“Our position, which I communicated to them, remains crystal clear,” said Harrison. “The Singapore High Court has issued an injunction which clearly prevents MACL or the Government of Maldives or any of its agents from taking any action that interferes with GMIAL operating the airport.

“The injunction clearly prevents them from taking the action outlined in their notice issued to us stating that the airport would be taken over at the end of the seven day period. We remain resolute in our position and there is no question of an offer being made and certainly no question of any alleged offer being accepted as we will simply not agree to our rights nor the injunction being undermined in any way.”

The Civil Aviation Authority has however informed the developer that its aerodrome certificate will be withdrawn at 23:59 on December 7, without which GMR has acknowledged it cannot operate the airport. The impending stalemate potentially has ramifications for tourism disruption at the start of the peak season.

Meanwhile, Minister of State for Home Affairs Abdullah Mohamed was reported in local media as telling a press conference yesterday that “GMR has the opportunity to seek fair compensation if they are not satisfied with the government’s decision.”

The Indian Ministry of External Affairs has meanwhile issued a statement calling on the Maldivian government to allow the “legal processes involved in the GMR case to take their own course based on the contractual obligations of the parties involved. The Maldivian government should not allow the situation to go out of hand.”

“In this context, it is expected that no arbitrary and coercive measures should be taken pending the outcome of the legal process underway. Resort to any such actions would inevitably have adverse consequences for relations between India and the Maldives,” the MEA Spokesperson said.

“We are concerned over reports from the Maldives about continuing violence and intimidation against elected representatives and expressions of radical sentiments. There is need to ensure that the rule of law is upheld and principles and tenets of democracy are maintained. We will continue to monitor the situation closely.”

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