Tag: Mohamed Nasheed

Government alleges continued opposition “harassment”, while MDP slams “terrorism” charges

No date has been set  for President Dr Mohamed Waheed Hassan to participate in all party talks, the government has said, claiming the opposition Maldivian Democratic Party (MDP) continues to “harass” state officials despite agreements to the contrary.

Speaking following his return from Saudi Arabia, the president spoke with local media about several issues affecting the country,  including financial and political stability.  He also talked of the likelihood for his participation in talks with key parliamentary and opposition representatives.

The comments were made as the MDP this weekend hit out at the government over accusations it is conducting a string of “seemingly politically motivated charges” to destabilise the party, ahead of the publication of findings by the Committee of National Inquiry (CNI). The CNI was established to investigate the events surrounding February’s controversial transfer of power that brought Dr Waheed into office.

President’s Office Spokesperson Abbas Adil Riza claimed that despite the MDP’s pledge to cease its street protests over the last 10 days of the holy month of Ramazan to facilitate fresh talks, harassment by party members was continuing.  Abbas pointed to an attack on two police officers yesterday (August 17), that he alleged that were politically motivated and carried out by MDP members.

Police Spokesperson Sub Inspector Hassan Haneef confirmed to Minivan News that attacks on two officers had taken place yesterday evening, but claimed that they were not at present being treated as politically motivated assaults. Investigations are continuing into the matter, Haneef added.

According to police, a group of 20 men reportedly attacked two on duty officers yesterday evening near the Dolphin View Cafe’ in Male’. Two male suspects aged 18 and 19 years of age have been arrested in connection to the incident.

CNI outcomes

Upon his arrival today at Ibrahim Nasir International Airport (INIA) in Male’ after representing the Maldives at the fourth extraordinary session of the Organisation of Islamic Cooperation (OIC) Conference, President Waheed told local media that the government would not discuss any outcome of the CNI until the body concluded its work later this month.

The CNI is scheduled to publish its report by August 29, on the events leading to Dr Waheed assuming the presidency on February 7. The report will first be made available to the authorities and prosecutor general. The public will be given access to the findings on August 30.

Abbas stressed that the government was committed to not “intervene” in the inquiry’s work, as it had been set up, and later amended under international pressure, to operate free from state interference.

“The outcome will be respected by the country’s various institutions such as the Prosecutor General’s Office, the Human Rights Commission and the Police Integrity Commission,” he said.

Abbas also told Minivan New that the president was nonetheless committed to taking part in road-map talks between government-aligned parties and the opposition MDP to try and overcome the country’s political deadlock, but only once he was confident the opposition had stopped its alleged harassment.

“The president has continued to reiterate that this harassment needs to stop. It is not stopping and two police officers have been beaten this weekend by MDP supporters,” he went on to allege. “As long as harassment continues we will not join talks.”

Last week, the government alleged that protests against Vice President Mohamed Waheed Deen on the island of Hulhumale’, where he was met with a barrage of offensive language, were directly linked to the MDP, despite the party’s decision to temporarily suspend street demonstrations.

However, the MDP at the time denied any direct involvement in the incident – which saw eight people arrested – claiming it represented the frustrations of individuals against the present political situation.

Ahead of the government’s ongoing accusations that it was being harassed by the MDP, the country’s only opposition party yesterday released a statement expressing “grave concern” at the prosecution of its members, who it alleged were being targeted unlawfully.

“The MDP believes this is a deliberate attempt by the regime to destabilise the country ahead of the Commission of National Inquiry report into February’s transfer of power, which is due to be published on 30 August,” the party stated.

“The regime is pressing charges against MPs for Male’: Hamid Abdul Ghafoor – for obstructing police duty, MP Ibrahim Rasheed for obstructing police duty, assaulting police officers, threatening and creating unrest and MP, Imthiyaz Fahmy, for allegedly assaulting a police officer.”

According to the statement, there was also particular concern over terrorism charges the party said had been filed against MP Mohamed Rasheed and Addu City Councillor Ahmed Mirzad.

“Terrorism charges against these two individuals are being levied under allegations that they incited violence and arson attacks on public buildings and police stations on 8 February 2012 in Addu City. Furthermore, last month the Prosecutor General lodged a case at the criminal court against MP for Thoddu constituency and Deputy Leader of MDP’s Parliamentary Group, Ali Waheed,” the statement read. “The charges against him are also for obstructing Police duty. All the MPs have denied the charges. The MDP believes all of the charges to be politically motivated.”

Coupled with uncertainty over whether former President Mohamed Nasheed will face trial for his role in the controversial arrest of Criminal Court Chief Judge Abdulla Mohamed, the MDP alleged that its members continue to be the victims of a “witch-hunt” orchestrated by the state.

“While politically motivated prosecutions continue, the MDP notes with dismay that no action has been taken against security forces who mutinied and used excessive force on peaceful protesters, although these concerns have been highlighted by international organisations and international media agencies,” the party claimed. “At a time when the people of the Maldives and the international community are also questioning the legitimacy and the impartiality of the government and the courts, it is concerning the government is continuing to press politically motivated charges against pro-democracy activists.”

OIC funding talks

Beyond domestic politics, President Waheed also today discussed the (OIC) that saw the establishment of an institute of dialogue to allow member states within the organisation to collaborate and reach agreement on religious issues.

Abbas said that the president has also had meetings with a number of fellow OIC member states regarding unspecified funding projects.

“The president will in due course reveal the details on these funding projects and how they will work,” he said.

Likes(0)Dislikes(0)

Nasheed reneging on commitment to respect CNI: Dunya

State Minister of Foreign Affairs Dunya Maumoon has accused former President Mohamed Nasheed and his Maldivian Democratic Party (MDP) of “threats and intimidation tactics” over the outcome of the CNI report, due at the end of August.

“The Government of Maldives is committed to the resolution of political differences through peaceful dialogue and the democratic boulevard [sic] and institutions available in the country,” Dunya said in the statement.

However Nasheed “is going back on his own words and commitment to the international community that he would respect the outcome of the CoNI.”

Former President was speaking during an event commemorating ‘Black Friday’, the brutal crackdown on pro-democracy activists by the former regime in 2004.

Dunya expressed concern at Nasheed’s apparent determination to bring members of the police and military to justice for their illegal roles in the transfer of power, no matter the final verdict of the inquiry commission.

“President Nasheed had threatened violence on the streets of Male’ in order to ensure justice,” said Dunya during the press conference, the details of which have been distributed by the Foreign Ministry as a media release.

A translation for Minivan News of the pertinent section of Nasheed’s Monday speech is as follows:

“I am certain beyond doubt that the commission’s report would note that many officers of the security forces committed a number of unlawful acts. Our demand, our protest, our request will be for these [officers] to be brought to justice. Our work will be to bring them to face justice. We should only go back home after CoNI’s report after bringing them to justice and establishing justice in this country. For a certainty, I definitely will not go back home otherwise.”

Nasheed’s intentions were clarified the following day in a proposal submitted to the government by the MDP . The document mapped out the steps the party expected to see taken following the CNI’s conclusion.

This proposal stated the MDP’s willingness to cease its calls for early presidential elections and wait for the constitutionally mandated polls in 2013 should the final report show no evidence of any unlawful activity in the transfer of power.

However, should the report find that the transfer included illegal acts on the part of any individual, the MDP proposed that those implicated be brought to trial and that all parties agree to early elections.

In the event that the CNI rules the departure of Nasheed from the President’s Office to have been unconstitutional, the MDP proposed that his government be fully reinstated.

The party had hoped for a response from the government before the end of Ramadan this weekend and appeared to receive it today when President’s Office spokesman Abbas Adil Riza told local media today that the government would not discuss the report’s outcome before its release.

“CNI’s report will not act as a final verdict. The purpose of the report is to assist the relevant institutions. So, there’s no need to make the report a ‘political carnival’,” Riza reportedly told Sun Online.

At its meeting on Tuesday, the MDP’s executive council had agreed to call a meeting of its National Council in order to determine the party’s next course of action.

Likes(0)Dislikes(0)

MDP denies involvement in Hulhumale’ demonstration against VP, pledges commitment to talks

The Maldvian Democratic Party (MDP) said it remains committed to ceasing street demonstrations in order to facilitate talks with government-aligned parties, playing down fears that protests by a number of “individuals” against the vice-president on Thursday could derail negotiations.

MDP spokesperson and MP Hamid Abdul Ghafoor claimed today that the party had not been behind demonstrations held Thursday (August 9) on the island of Hulhumale’ during a visit by Vice President Mohamed Waheed Deen. Ghafoor added that there had been no official communication from the government so far following these demonstrations with regard to stopping talks between the country’s political leaders.

Since the controversial transfer of power that brought President Dr Mohamed Waheed Hassan into office on February 7, former President Mohamed Nasheed has alleged he was removed from office in a “coup d’etat”. The allegations have lead to months of political uncertainty across the nation, resulting last month in the indefinite suspension of parliament.

Less then 24 hours after welcoming the MDP’s decision to suspend ongoing street protests against the government to “facilitate meaningful political dialogue” with the coalition government, the President’s Office yesterday told local media it might reconsider participation in talks following demonstrations held Thursday (August 9) in Hulhumale’.

President’s Office spokesperson Abbas Adil Riza was quoted by the Sun Online news service as saying that the government’s decision to participate in fresh talks had “to be reconsidered”, alleging the MDP had been directly involved in the protests that reportedly saw offensive language used against the vice president.

Both Abbas and President’s Office Media Secretary Masood Imad were not responding at time of press.

Thursday’s demonstrations were directly targeted at a visit by Vice President Deen, who was in Hulhumale’ to attend the opening ceremony of the State Trading Organisation (STO)’s new futsal field.

Police spokesman Hassan Haneef told Minivan News today that eight people had been arrested in relation to the incident, with seven having been released at the time of press. Haneef said that the suspect’s had been arrested over charges including blocking the vice-president’s car, and “disobeying and disturbing” police as they performed their legal duties.

However, MDP MP Ghafoor claimed that the party had not been involved in organising demonstrations against the vice president, contending that the reaction of Abbas in local media had been a “knee-jerk response to a minor incident”.

“I have read comments about this in the media, but we have not heard anything official from the government on [stopping talks],” he said. “It appears that a sporadic incident has been used as an excuse by some to criticise us because of a couple of angry activists. We have stopped our street demonstrations as we promised, but individuals will still get upset in the current political environment.”

Ghafoor added that he believed it was unlikely that the actions of independent demonstrators would set back wider-efforts to attempt to find a resolution the present impasse between the MDP and government-aligned parties.

“This is not a culture we have had before 2008, but people are now free to come out and speak their mind about concerns they have,” he said. “This just appears to be people being over-sensitive regarding minor incidents.”

Demonstration concerns

The unity government’s insistence on an end to the MDP’s continued demonstrations before discussions could resume had been outlined in the agenda of the all-party roadmap talks. Of a six point agenda agreed upon by participants, public order and stability were one of the first points to be addressed.

However, during the most recent round of all-party talks in June, the list of demands presented to the MDP by government-aligned groups were claimed to be lacking in seriousness. The 30-point list presented to the opposition party included demands to desist from using “black magic” and “erotic tools” as well as walking in groups of more than ten.

Since that time, the MDP has continued regular demonstrations, particularly in the capital Male’, where consecutive nights of protests in July resulted in violent clashes between protesters, security forces and journalists.

The immediate aim of inter-party discussions, however, would be to agree upon an arrangement which might allow the reopening of the People’s Majlis, which was suspended last month after angry confrontations between opposing MPs and the Speaker of the House.

The Speaker Abdulla Shahid invoked his authority to suspend sessions indefinitely if he felt dialogue between party leaders was necessary to restore calm to proceedings. Government-aligned parties have been critical of the role they allege MDP MPs played in stymieing the work of the People’s Majlis.

Likes(0)Dislikes(0)

Former finance chief questions timing of MMA private sector T-bill reform

Former Finance Minister Ahmed Inaz has questioned the timing of the Maldives Monetary Authority’s (MMA’s) decision to offer Treasury Bills (T-bills) to the wider private sector claiming it would compound the country’s budget deficit rather than directly address state debt.

Inaz, who served as Finance Minister under the administration of former President Mohamed Nasheed, said that until the present government put a lid on its expenditure to levels agreed in the national budgets of the last two or three years – extending T-bills to the wider private sector in the current climate would only prolong economic uncertainty.

The comments were made as local media reported yesterday that the Maldives Monetary Authority (MMA) had opted to allow “private groups” to purchase T-bills.

Such bills, which are sold by governments all over the world, serve as a short-term debt obligation backed by sovereign states. In the Maldives, T-bills are said to have a maximum maturity of six months, in which time they must be repaid, according to Inaz.

The economy, particularly national debt, has become an increasingly important issue for the coalition government of President Dr Mohamed Waheed Hassan.

Parliament’s Financial Committee in May released projection that the Maldives’ budget deficit will reach 27 percent of the GDP by the end of 2012, a 175 percent increase on earlier forecasts.

In recent weeks, the government has downplayed delayed payments of civil servant salaries as being the result of a banking “administrative error”, while also admitting to facing “economic difficulties” in covering months of outstanding premium payments resulting from the Aasandha universal healthcare programme.

Yesterday, Abdulla Yameen, parliamentary leader of the government-aligned Progressive Party of Maldives (PPM) told local media that the country was in “dire need” of financial assistance from the international community to help set right the economy.

Yameen and fellow PPM MP and Spokesperson Ahmed Mahlouf were not responding to calls from Minivan News today to clarify the comments.

T-bill extension

Finance Minister Abdulla Jihad said the decision to extend the availability of T-bills to private enterprise was a condition outlined by the Asia Development Bank (ADB) to secure loan funding. He was unable to give the exact amount of the loan at the time of press.

According to Jihad, T-bills had been previously only open to private financial institutions, a market place that he said was presently “saturated” in terms of demand, limiting the amount of T-bills the institutions were willing, or had the capacity, to purchase.

“The issue was to open the market to private groups,” he said.

In regards to criticism from the previous administration about state spending, the Finance Minister pointed to a recent order for all government institutions to immediately reduce their budgets by 15 percent – a pledge Jihad stressed had been successfully realised.

However, former Finance Minister Inaz said by that extending the T-bill scheme without addressing wider concerns of groups like the International Monetary Fund (IMF) over government expenditure, authorities were only prolonging current economic instability rather than tackling the present spending shortfall.

“My reaction to the MMA’s proposals is that issuing T-bills to the private sector or these private groups is not going to help the situation. The budget deficit should be reduced at all costs. Then these T-bills could be introduced as a way to meet capital expenditure,” he said.

“Expenditure should of course not be reduced to a level that would kill off independent institutions and the democratic reform of recent years. But the best way forward is to maintain expenditure say to the levels set in the 2010 or 2011 budget, while increasing income.”

While accepting that current political tensions between the government and the now opposition Maldivian Democratic Party (MDP) made it difficult reach parliamentary agreement, Inaz said that the Majlis would need to agree on any changes to the state budget.

Inaz also called on policy makers to adopt a “broader mindset” by reviewing the present government’s decision, announced earlier this year, to restore import duties and reduce GST.

He believed that taxation measures such as the GST remained the easiest solution to boosting revenue.

Inaz contended that a focus on more direct taxation would allow the government to serve as a facilitator to encourage the private sector to generate economic activity.

T-Bill reliance under Nasheed

Despite concern over the timing of the MMA’s proposals, Inaz conceded that the previous administration had itself relied on debt financed through the sale of T-bills that amounted to about Rf 1.4billion in 2011. However, he claimed that the final budget passed under the Nasheed government in December 2011 was designed to reduce the nation’s budget deficit, while also cutting down on short-term debt obligations such as T-bills.

“The T-bills issued in 2011 amounted to Rf1.4 billion (US$90.8 million). We foresaw the need growing every year, but this is very difficult to maintain as the maximum maturity for T-bills is six months, during which time they must be paid back,” he said

However, Inaz added that before the controversial transfer of power in February that brought President Waheed into office, the Nasheed government had pledged to reduce its reliance on T-bills by focusing on generating revenue through economic reforms such as GST.

“This year though we were set to reduce our reliance on T-bills to about Rf 700 million (US$45.4 million) with a view to cutting back completely through repayments in the next two years or so.”

Local media reported in April last year that government debt accrued through the sale of T-bills to banks and financial enterprises was estimated to be equivalent to more than a third of this year’s Rf 12 billion (US$778.2 million) national budget, according to Maldives Monetary Authority (MMA) figures released at the time.

Likes(0)Dislikes(0)

Comment: Challenges to an infant democracy

The following speech was delivered to India-based think tank, the Observer Research Foundation (ORF) on August 3, 2012.  The original transcript can be read here.

It’s an honour and a great pleasure for me to speak to you at the Observer Research Foundation (ORF), this morning.

As many of you would know the Maldives has recently experienced significant political change. In 2008, we ratified a new constitution, based on the principles of a modern democracy and had the first multi-party election.

This election resulted in a historic change of a 30-year regime. However, despite the change, the aspirations of the people for a more democratic future did not materialize. On top of that just after 3 years into his presidency the new President Mr Nasheed resigned. And now he is challenging the circumstances that led to his resignation and this has created further political disharmony and tensions.

Today, I would like to briefly share with you some of the challenges that the Maldives faces as an infant democracy. None of the challenges will be of great surprise to you. Indeed you have faced very grave challenges yourself.

Today, you have emerged as a mature democracy, making rapid strides in your developmental efforts. This is a source of great inspiration not only to the Maldives, but to all emerging democracies around the world.

Ladies and gentlemen, in a few days the Maldives will celebrate the 4th Anniversary of our new constitution. The process of constitutional enactment in the Maldives included a referendum on the system of government. The people favored a presidential system to a parliamentary system. We all had high hopes for our new constitution, and for a smooth transition from a largely autocratic system to a multi-party democracy.

The new constitution stipulates the separation of powers and for the first time it guaranteed fundamental rights and freedoms. It mandates the formation of independent commissions and other institutions that are vital for a democracy to function well.

The new constitution also introduced the concept of decentralised governance of atolls and islands by elected local councils instead of the traditional presidential appointees. The initial major test for the new constitution was the first multi-party presidential election.

After a strong contest with 6 candidates representing a wide range of Maldivian opinion, that election ended President Gayoom’s 30 years of rule and Mr Mohamed Nasheed, the Maldivian Democratic Party (MDP) candidate, supported by a coalition of other parties was sworn in, on November 11 2008, as the 4th President of the Maldives. However, after just over 3 years into his 5-year term, President Nasheed resigned on 7th February.

As stipulated in the new constitution, the Vice President, Dr Mohamed Waheed Hassan Manik, was then sworn in as the 5th President of the Maldives.

President Nasheed resigned in front of the media accompanied by his cabinet, saying he resigned for the national good. However, the next day he argued that he resigned under duress.

This has created substantial controversy and has led to the establishment of a Commission of National Inquiry to look in to the circumstances of the transfer of power. This has been the subject of a lot of speculation and featured in the media and discussions in India and elsewhere.

As I said earlier the people had high hopes for our new political system. The people expected vast improvements over the previous system of governance; they did not want law and order to be influenced by politics; they wanted the judiciary to be free from political and other influences; they wanted job security in the public sector to be independent from politics; they wanted to see greater transparency in awarding public sector contracts; they wanted a system of local governance where things that are directly related to their welfare to be, by and large, determined by their representatives at the local level; the people wanted a free and fair media; and most of all they wanted their life to be better under the new democratic system.

These aspirations were not met. This was because, the new government on the one hand, did not have the sincerity to see through the democratic process that we adopted. On the other hand there was a tendency to carry out reforms regardless of the means by which those reforms were implemented.

This increased the room for corrupt practices and other inefficiencies resulting from moral hazard. I believe, in lending support to the democratic process, the means of achieving national development objectives is as important as the ends of development themselves.

From the outset, the new government was not sufficiently sensitive to the values of sincerity and patience. It is important to underline the fundamental importance of these values in making the system work. The people need to be reassured that democracy can meet their needs in their day to day lives and serve to fulfill their aspirations for a better future.

If we are to be a successful modern multi-party democracy we need to give the people confidence that the vision and ideals that inspired the 2008 constitution are still relevant.

Let me explain in some detail some of the instances where these important fundamentals were breached by the Nasheed government.

Historians, legal and constitutional experts, and indeed citizens more generally, I’m sure would agree that the establishment and maintenance of the rule of law is a fundamental pillar of democracy.

One of the major challenges that the Maldives faces, even today is maintaining the rule of law. The people were fed up with the earlier system where the executive had a direct influence on the police service and the criminal justice system. The new constitution introduced a very different criminal justice system with a number of safeguards. For instance the establishment of an independent judiciary, and an independent prosecutor general among other measures, were impartial mechanisms to dispense justice.

The parliament had also established an independent Police Integrity Commission, which was important in setting the parameters for these institutions to function within a democratic framework. Where there is no rule of law there cannot be a meaningful or successful democracy. However, Mr Nasheed – when it suited him, totally disregarded this key principle.

A landmark transition towards democracy was the formation of a police service in 2008, accountable to the Home Ministry, ending the decades old system of military having to attend to the policing function as well. Before this positive change, the outgoing government of President Gayoom was blamed for alleged police brutality. This was a key theme of the MDP presidential campaign in 2008.

With Nasheed’s government in place, Maldivians anticipated that the military and police would be freed from any attempt by the government to use them to promote any political agenda or ends. Sadly that assumption proved to be wrong. The police and in some cases even the military were mobilized on many unlawful political tasks, some of which even defied Maldivian Supreme Court rulings.

In any consideration of the events of earlier this year, it should always be remembered that the nationwide protests and demonstrations that lasted 22 days in Male’, leading up to President Nasheed’s resignation was sparked by the unlawful detention and arrest of a Senior Judge of the Criminal Court by the military while President Nasheed was the head of the armed forces.

Therefore, despite important institutional changes, the Nasheed government influenced the police to act in ways that were favourable to MDP. As such, when MDP conducted demonstrations they received preferential treatment, while opposition rallies were summarily dispersed.

Ladies and gentlemen, Let me now turn to a brief consideration of the influence of politics on the civil service. In the Maldives, where the civil service is the single largest employer, any policy that impacts the civil service has an immediate and lasting effect on the welfare of a significant proportion of the workforce.

Prior to the Civil Service Act of 2007, the appointment, dismissal and the setting of remunerations and all other benefits related to them were directly controlled by the President’s Office.

However, with the enactment of the Civil Service Act, an independent Civil Service Commission answerable to the parliament was established with total responsibility to oversee the functioning of the civil service.

Yet, President Nasheed’s government undermined the role of the civil service. Firstly, this was by drastically increasing the number of political appointees, both by making new appointments at executive levels and by registering existing civil service employees as political appointees. This increased the number of public service employees that were directly under the purview of the executive.

Secondly, the president formed public corporations which did not come under the purview of the civil service. This enabled the executive to control large numbers of public sector employees. One example of this was the National Health Service, which was brought under a system of health services corporations and made responsible for providing health services to the community.

This meant that large numbers of civil service employees in the health sector were shifted to the health corporations. This, in turn, meant that a large number of public sector employees were suddenly dependent on the executive for their livelihood. These tactics enabled the executive to exercise undue political influence on a large number of public employees and, in effect, compromised the effectiveness of the Civil Service Act.

Ladies and gentlemen.  One of the positive changes people anticipated as a result of the new constitution was the system of decentralised local governance. However, when the first local council election delivered an overwhelming victory for the opposition the decentralisation process was slowed down by the Nasheed government.

Elected local councils are, by law, empowered to carry out many aspects of governance at the local level, yet with many of the councils having at the time a non MDP majority, the government refused to decentralise power.

Instead former President Nasheed created national administrative centers, accountable just to him. This added an overbearing administrative layer to the existing structure of decentralisation. Such actions were undemocratic, partisan and led to a waste of resources at a financially difficult time.

Another key aspect of a modern democracy was the establishment of an independent media. A free and an independent media, which is often referred to as the fourth pillar of the state, received considerable attention during the process of democratic change in the Maldives.

A free and an independent media provide the necessary checks and balances within the democratic system of governance. This led to the creation of the institutional framework that governed the operation of free media, and created the space for the development of private media, particularly the development of private radio and television for the first time in the Maldives. This also led to the establishment of the concept of an impartial public broadcaster that was essentially free from political influence.

During the 30 year rule of President Gayoom, state media was used largely as a propaganda tool for the regime. This was seen as a very visible example of the absence of democracy in the Maldives at the time. One of the strongest demands when people were calling for democratic reform from 2003 onwards was for a free and independent media.

It should be noted that one of the key points in the MDP’s 2008 manifesto was a pledge to establish a public broadcaster by the parliament. However, when the MDP government came in to power they refused to transfer the assets of the state broadcasting corporation to the new statutory body, the MBC (or, the Maldives Broadcasting Corporation), that was formed as the public broadcaster. The MDP government essentially refused to comply with the legislation simply because the members of the MBC board of directors appointed by parliament was not to their liking.

These, ladies and gentlemen, are some of the key challenges confronting the Maldives as the country faces a new dawn of democracy.

Let me conclude by making a few remarks about the way forward.

The year 2008 saw the beginning of a democratic transition in the Maldives. The enactment of the new constitution was the crucial first step of this transition from an autocratic system to a modern democracy. Enacting the constitution itself however, is not sufficient to establish a functioning modern democracy.

Democratic transition is a process that needs a number of further steps in order for it to be successful. Some of these steps are outlined in the constitution. They include holding the first multi-party presidential election, the establishment of the Supreme Court, holding of the first multi-party parliamentary elections, setting up various independent bodies, holding of the first local council elections and the enactment of various pieces of legislations. Further, it is also important to strengthen the democratic institutions through capacity building.

Some of this work has already been completed. The remaining tasks need to be undertaken and completed over the coming months and years.

As the Maldives heads towards its second presidential elections under our new constitution, much needs to be done to rebuild people’s confidence at this stage of our infant democracy.

To develop such confidence amongst the people the leadership must show commitment and conviction in adhering to the principles of democracy. The leadership must have the courage to see through the process of democratic change.

Unfortunately, the first government under the new democratic constitution did not display the courage and patience to follow the path of democratic governance. As a result it has held up the transition process.

The way forward has been further complicated because of the current political tensions resulting from President Nasheed’s contention that he was forced to resign. This has resulted in further widening the political polarization within Maldives society.

Further, there is a very real fear that the people are getting increasingly frustrated that their aspirations are not being met. And when there is political instability it can undermine economic prosperity which can have a direct impact on the quality of life.

Therefore, it is important to have dialogue among the main stakeholders in order to create stability and reduce political tension. If the parties are unable to reach an amicable solution, meaningful progress in the democratic transition can only happen after the presidential elections due next year.

On a positive note, despite the frustrations, I believe, the peoples aspirations for democratisation has not changed.

We appreciate the continuous engagement by the government of India to facilitate an early resolution to the political stalemate in Maldives, particularly the timely engagement through repeated visits by the Foreign Secretary, His Excellency Mr Ranjan Mathai.

I also commend the important role of the Indian High Commissioner in the Maldives, His Excellency, Mr Mullay, for his dedication and hard work during these trying times. Also I greatly appreciate his efforts to enhance relations between our two countries, sometimes under very difficult circumstances.

The road to democracy is no doubt, long and hard, with many challenges along the way. But through persistence and good will, I’m sure the fruits of democracy will be as sweet as the future is bright.

Ahmed Thasmeen Ali is an MP and leader of the government-aligned Dhivehi Rayithunge Party (DRP).

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]

Likes(0)Dislikes(0)

Parliament agrees to extend General Regulations Act in spite of Majlis suspension

Parliament briefly reconvened today despite its ongoing suspension, as both government-aligned and opposition MPs agreed on extending the General Regulations Act until April 2013.

The General Regulations Act – parent legislation for 47 regulations governing a number of government and party political functions – was due to elapse at midnight today creating fears of a potential “legal void”.  This was avoided after the act was renewed with cross party support in a brief Majlis session held following discussions between the country’s key political parties in recent days.

However, the government-aligned Dhivehi Rayythithunge Party (DRP) has said that “no party in the country” stood to gain from the continued political deadlock that saw parliament suspended indefinitely last week amidst forced cancellations.

Despite the Majlis suspension, 48 MPs out of 51 present in the chamber voted in favour of extending the regulations contained in the General Regulations Act during this morning’s session.  The session was concluded with a vote 15 minutes after commencing.

Both Parliamentary Speaker Adbulla Shahid and his deputy, Ahmed Nazim, were not responding to calls by Minivan News at the time of press following today’s vote.

General regulations

The General Regulations Act was passed prior to the adoption of the new constitution on August 7, 2008 as a parent legislation for over 80 regulations without a statutory basis, or were not formulated under an Act of parliament. These included regulations for political parties, freedom of assembly, criminal justice procedures, companies and finance leasing transactions, insurance, jails and parole, freedom of information and building codes.

Article 271 of the constitution states, “Regulations derive their authority from laws passed by the People’s Majlis pursuant to which they are enacted, and are enforceable pursuant to such lawful authority. Any regulations requiring compliance by citizens must only be enacted pursuant to authority granted by a law enacted by the People’s Majlis.”

The parent act prolonged the lifespan of the regulations for a one year period until new legislation, such as a Criminal Procedures Act, Evidence Act, Freedom of Information Act and Political Parties Act, could be enacted.

The act provided for further extensions based on recommendations by parliament’s Rules Committee. The last extension was approved in December 2011.

Addressing today’s vote, DRP Deputy Leader Ibrahim Shareef said that the parent act has been renewed every year since the new constitution came into affect to ensure government was able to function correctly – with parliament failing to have to passed certain key legislative requirements.

Despite the approval, Sharref claimed that “any political party” seeking to stall the Majlis from functioning had nothing to gain beyond adding to current public disillusion with the current democratic process in the nation.

“It is not for the good of the nation for any one political party to stall parliament. The parliament must work efficiently, as it is the only place where we as politicians can debate,” he said. “I believe that parliament must find a solution quickly [to the current Majlis deadlock] as there is much disillusion among the public who had believed democracy was designed to solve problems.”

Shareef contended that in the current environment, “many people” in the country appeared to be questioning the direction of democracy in the Maldives.

“I am not sure whether people may have been expecting too much? I wouldn’t like to say. But right now what has democracy brought us? The nation is polarised as it never has been before, where even some families are not speaking due to political divides,” he said.

“Something somewhere appears to have gone terribly wrong with democracy. It is not enhancing welfare or development here.”

When questioned as to the possible solutions to apparent public apathy regarding parliament’s work, Shareef claimed it was the duty of all parties to return to negotiating through the Majlis to try and settle political differences without hindering legislative process.

“All the main parties need to understand that the country is going down the drain right now,” he said. “No one party to stands to gain in the present environment and they need to help find a solution and stop inciting violence, by putting forward an agenda.”

While not naming a specific party, Shareef’s calls to stop “inciting violence”, were made as President Dr Mohamed Waheed Hassan’s government – with whom the DRP serves as part of a coalition government – said is would not not consider reconvening talks with opposition leader, former President Mohamed Nasheed until threats of violence ceased.

Nasheed and the Maldivian Democratic Party (MDP), which represents country’s only elected opposition, said last week it would not rule out halting ongoing protests to facilitate fresh “high-level talks” with its political rivals. However, the party said it would only do so if it obtained  “substantial” commitments from government-aligned parties.

Proposed “Roadmap” talks were launched in February with the stated aim of overcoming the political deadlock resulting from the controversial transfer of power that brought President Dr Mohamed Waheed Hassan into office. Former President Nasheed and his party continue to allege that Waheed came to power in  a “coup d’etat” – and that the government is illegitimate.

MDP MP and Spokesperson Hamid Abdul Ghafoor told Minivan News last week that while the party’s protests which it maintains are “largely peaceful”, were “totally within” the law, it would not be a “big deal” to stop the street demonstrations if it would help secure meaningful talks.

However, Ghafoor claimed that the party was ultimately sceptical over the commitment of government-aligned parties to ensure “substantial” and “worthwhile” dialogue.

“We have always maintained dialogue is the best way to proceed in the current situation,” he claimed. “What we have seen in the last party talks has just been ridiculous demands such as the issues about keeping crows and using black magic. We found out as a party that we are not dealing with serious people.”

The last round of the UN-mediated talks, held at Vice President Waheed Deen’s Bandos Island Resort and Spa in early June, collapsed after parties aligned with the government presented the ousted Maldivian Democratic Party (MDP) with a list of 30 demands.

The list included calls that the MDP “stop practising black magic and sorcery”, “stop the use of sexual and erotic tools”, and “not walk in groups of more than 10”.

Likes(0)Dislikes(0)

State appeals Hulhumale’ Court’s decision to reject Nasheed case

The Prosecutor General’s Office (PG) has appealed in the High Court a decision by the Hulhumale’ Magistrate Court that it did not have jurisdiction to proceed a case presented to the court against former President Mohamed Nasheed, and former Defense Minister Tholhath Ibrahim and three senior officers of the Maldives National Defence Force (MNDF).

The case was submitted by the PG accusing Nasheed, Tholhath and the MNDF officers of violating article 81 of the Penal Code by detaining Chief Judge of the Criminal Court, Abdulla Mohamed, and “unlawfully arresting a person who hasn’t committed a crime”.

The Nasheed administration had accused the judge of political bias, obstructing police, stalling cases, links with organised crime and “taking the entire criminal justice system in his fist” to protect key figures of the former dictatorship from human rights violations and corruption cases.

Elements of the police and military subsequently mutinied on February 7, alleging that Nasheed’s orders to arrest the judge were unlawful.

Nasheed publicly resigned the same day, but later said he was forced to do so “under duress” in a coup d’état. Judge Abdulla was released on the evening of February 7, and the Criminal Court swiftly issued a warrant for Nasheed’s arrest. Police did not act on the warrant, after international concern quickly mounted.

As well as Nasheed, the Prosecutor General has also pressed the same charges against former Chief of Defense Forces Moosa Ali Jaleel, Brigadier General Ibrahim Mohamed Didi and Colonel Mohamed Ziyad for their role in detaining the judge.

The Hulhumale’ Magistrate Court rejected cases forwarded by the Prosecutor General on July 18 after studying the case and learning that the case was beyond the jurisdictions of the magistrate courts. The PG had forwarded the case to Hulhumale’ because of concerns over a conflict of interest that would exist if it was sent to the criminal court.

‘’We studied the case and we found that we do not have the jurisdiction to deal with the case according to article 66 of the Judicature Act,’’ Hulhumale’ Court Chief Magistrate Moosa Naseem told Minivan News at the time.

Naseem said that the Hulhumale’-based court can only accept the case after the Chief Justice issues a decree in agreement with the Judicial Service Commission (JSC) and the Judicial Council as stated in the article 66[b] of the Judicature Act.

Article 66[b] of the Judicature Act states that “In accordance with Section (a) of this Article, if additions or omission to the jurisdictions stipulated in schedule 5 of this Act has to be carried out, the modification has to be done in agreement with the Judicial Service Commission and the Judicial Council and by a decree issued by the Chief Justice.’’

The Chief Judge was detained by the military, after he had opened the court outside normal hours to order the immediate release of former Justice Minister and current Home Minister and deputy leader of the Dhivehi Quamee Party (DQP), Dr Mohamed Jameel.

On July 25, Deputy Prosecutor General (PG) Hussein Shameem said that Hulhumale’ Magistrate Court does have the jurisdiction to hear the case of former President Mohamed Nasheed over his role in the detention of a Criminal Court Chief Judge.

Shameem contended that should the court maintain its decision against hearing the case, there were few other judicial alternatives in trying to ensure a “fair trial”.

The Civil Court meanwhile recently dismissed a decision by its own watchdog body, the Judicial Service Commission (JSC), to take action against Chief Judge of the Criminal Court Abdullah Mohamed for violating the Judge’s Code of Conduct.

The Civil Court overruled the JSC stating that Judge Abdulla was not given an opportunity to respond to the allegations during the investigation.

According to the decision, providing a chance to submit any complaints after the investigation was completed could not be deemed as an opportunity for the judge to present his defence.

Likes(0)Dislikes(0)

Resort engaged PR firm to “spruce” govt’s image “on barter basis”: Private Eye

“The toppling of a former political prisoner, human rights campaigner and environmental activist – and the Maldives’ first freely-elected president – in a February coup by an austere, military-backed and increasingly Islamist regime was not the disaster for tourism one might have expected,” writes a Male-based columnist for UK-based current affairs magazine, Private Eye.

“For last July, our soon to be overthrown President Nasheed has sent four bills to parliament, including income and corporate tax legislation. These would have required those earning more than 6,000 in our tourism industry (which accounts for a third of the entire economy) to pay tax for the very first time. Previously our 100 or so resorts had paid a nominal fee for each night a bed was occupied, submitting the details to the government themselves, with no verification.

“Since the coup these bills have been buried and the new government shows no interest in pushing them through. Nasheed was deposed by his deputy Mohamed Waheed Hassan, who joined with Islamists uneasy at the president’s liberal credentials.

“Less well publicised are Waheed’s links to the tourism tycoons. His (unelected) deputy, Waheed Deen, who has never held political office, owns the Bandos Island Resort & Spa. Another Baron, Sonu Shivdasani, owns The Sixth Sense Resorts, a small exclusive chain that boasts the highest eco credentials.

“No fan of Nasheed’s tax proposals, Sonu was keen to help the new administration spruce up its image. In April he e-mailed Britain’s well known PR guru Matthew Freud, saying: ‘I just spoke to President Waheed. He is happy to engage your services (for tourism PR) on a barter basis whereby Reethi Rah and Soneva Fushi would offer accommodation at our resorts in lieu of the barter. Did you manage to speak to Alan Leibman from One and Only?’

“Freud initially appeared thrilled at the prospect of free holidays:  ‘We greatly look forward to working with you and the president.’ But by the time President Waheed had got in on the act later in the month, writing to Freud: ‘We had discussed along with Sonu that a contract will be signed first among SixSenses, One and Only and Matthew to assist us with tourism promotion in the UK. Matthew will send us an outline a proposed activities as discussed’ – the legendary PR guru had developed cold feet: ‘I am sorry that the adverse political climate prevents us from being more directly involved but going to a doctor who will make you sicker is rarely a good idea.'”

Read more

Likes(0)Dislikes(0)

Pro-government MPs hit out at UN’s “biased” and “political” calls for religious freedom

MPs of several government-aligned parties have expressed concern over a UN Human Rights Commission (UNHRC) report calling for freedom of religion, sexual orientation and several other commitments in the Maldives, claiming the document is “biased” and “against the will of the people”.

Jumhoree Party (JP) MP Abdulla Jabir told Minivan News today that he had “reservations” about the UN’s conclusions, claiming they appeared to single out former President Maumoon Abdul Gayoom’s government for alleged human rights abuses, while also contravening the constitution and laws of the Maldives.

Progressive Party of Maldives MP Ahmed Mahlouf  also hit out at the report’s conclusions, which he claimed were both “political” and “biased” as a result of the influence of the opposition Maldivian Democratic Party (MDP), according to local media.

UNHRC calls

The UNHRC findings urged Maldivian authorities to guarantee citizens’ right to democracy, permit freedom of religion, reform the Judicial Services Commission (JSC), abolish flogging and the death penalty, and deal with human trafficking, among other recommendations.

A core concern of the committee involved the Maldives’ reservation to Article 18, concerning freedom of religion, the validity of which was questioned by the committee on the basis that it was “not specific, and does not make clear what obligations of human rights compliance the State party has or has not undertaken.”

However, Jabir today contended that the stipulation within the Maldives constitution that the nation was 100 percent Islamic reflected the views of the Maldivian people, with not a single political party in the country having called for religious freedom.

“It is the Maldivian people who have decided that if you are not a Muslim, you are not a Maldivian. There is not one party here calling for this to change,” he said. “Maybe this is not what is practiced in many other countries around the world, but it is what he have decided here by law. It is our sovereign right.”

Aside from calls for freedom of religion, Jabir also said he was concerned about the issue of establishing an independent inquiry into “all human rights violations, including torture” that were allegedly conducted prior to the 2008 election.

He claimed this appeared to single out the 30 year autocratic rule of former President Maumoon Abdul Gayoom,  who was voted from office during the 2008 presidential elections.

“We have had other presidents in this country before Mr Gayoom and I do not understand why they are not also being focused on. Why only Gayoom’s time? This shows there is bias in this report,” he said. “Before President Gayoom, we had President [Ibrahim] Nasir. It should look at all abuses from the country’s first president onwards.”

Constitutional matter

Jabir added that he had personally been one of the 12 member body who had drawn up the present constitution, that had in turn been approved by the Maldivian people.  He claimed that despite the UN calling for freedom of religion and sexual orientation – as well as other commitments designed to address concerns about human trafficking and judicial reform – the organisation was unable to overrule the laws and regulations of a sovereign nation.

“When the UN asks for freedom of religion, this is what former President Nasheed has been trying to promote in the country,” he claimed.

Jabir’s concerns about alleged political bias serving to influence the UNHRC’s conclusion were also raised by the PPM, a party formed last year by former President Gayoom.

PPM MP Mahlouf reportedly told the Sun Online news service yesterday that items raised in the UN report seen to contradict Islam would not be implemented in the Maldives.

He claimed that the findings had been influenced by the opposition Maldivian Democratic Party (MDP) and “foreign associates” linked to the party.

“MDP encourages the destruction of our sovereignty and our religious values,” Mahlouf was quoted as telling Sun Online.

Mahlouf reportedly pledged that the PPM would work to stand against allowing any changes relating to the national religion under Maldivian law as a report on how the Maldives will implement the Committee’s recommendations is due to be delivered to the UN during the next twelve months.

Ahmed Thasmeen Ali, leader of the government-aligned Dhivehi Rayythithunge Party (DRP) was not responding to calls today about the report.  Both DRP Deputy Leader Ibrahim Shareef and MP Dr Abdullah Mausoom could also not be reached at the time of press.

Former President Mohamed Nasheed, who has alleged that he was forced to resign from office on February 7 this year in a “coup detat”, had denied advocating for freedom of religion during his time in office. The former president has faced strong criticism from political opponents over his commitments to protecting the nation’s Islamic faith.

However, during a gathering of former opposition political figures, NGOs and other civil society organisations on December 23 last year to “defend Islam”, Nasheed held a counter-rally for those he claimed practised a “tolerant form” of the faith that he contended been traditionally followed in the Maldives.

“We can’t achieve development by going backwards to the Stone Age or being ignorant,” he said back in December, 2011.

The President also called on leaders of political parties to explain their stance on religious issues to the public ahead of a scheduled 2013 presidential election.

“Should we ban music? Should we circumcise girls? Should we allow 9 year-olds to be married; is art and drawing forbidden? Should we be allowed to have concubines? We have to ask is this nation building? Because we won’t allow these things, we are being accused of moving away from religion,” he said at the time.

Nasheed also urged MPs at the time to discuss the inclusion of Sharia punishments in a revised penal code “without calling each other unbelievers.”

The December 23 coalition also raised concerns over calls by United Nations Human Rights Chief Navi Pillay during a visit to the Maldives last year that flogging be abolished as a punishment for extra-marital sex in the country.

Pillay’s comments further fuelled tensions across the nation late last year over concerns about the erection of monuments in Addu Atoll to commemorate the South Asian Association for Regional Cooperation (SAARC) summit that were deemed as “idolatrous” by some.

Likes(0)Dislikes(0)