“Sword of Damocles” hangs above Nasheed: European parliamentary delegation

The European Parliament’s Delegation for relations with South Asia has expressed “deep concern” at the deterioration of the situation in the Maldives.

“The European Union had deployed a team of experts to observe the first democratic Presidential elections held in the country in 2008; a sword of Damocles now hangs above the winner of these elections, with his arrest warrant already issued on unspecified grounds,” said a statement from delegation chair Jean Lambert.

“We understand a number of MPs and local councillors have also been detained or are in hospital following continued police violence,” Lambert added, further noting that several EU countries have issued travel advisories for the Maldives as “public resentment and violence are now spreading well beyond the capital.”

Urging Maldivian security forces to act according to their position and the law, the Lambert regretted that “credible signs [of establishing a National Unity Government] have yet to be witnessed.”

The situation in the Maldives has also turned up in the Australian parliament, in reference to Prime Minister Julia Gillard’s own assumption of power from Kevin Rudd. Gillard’s office had prepared an acceptance speech two weeks before Rudd was deposed as leader of the party.

“While the new leader of the Maldives says he did not bring about the coup, reports have surfaced that he was involved in coup preparations that began weeks earlier,” said opposition foreign affairs spokeswoman Julie Bishop.

“Does the foreign minister agree that the new leader should tell the full truth about his involvement in the coup?”
Rudd, who is now foreign minister and participated in the Commonwealth Ministerial Action Group (CMAGS)’s urgent teleconference on the Maldives’ situation, reminded parliamentarians that “much is at stake” in the Maldives.

“Those opposite seem to think that this is a trivial matter, when hundreds of people are being beaten in the streets,” the foreign minister said.

“Those opposite trivialise the fact that hundreds of people have been arrested, that hundreds of people have been subjected to violence in the streets of the capital city of Male and on top of that, that we are likely to have seen the forced removal – under threat of armed violence with guns – of a democratically elected head of state.”

Rudd said he had spoken to the former president of the Maldives, Mohamed Nasheed, three nights ago and had been involved in moves to send a Commonwealth mission to Male to establish whether the coup occurred through violent means.

“If so, the necessary course of action would be suspension from the Commonwealth. We take these matters seriously,” Rudd said. “As foreign minister of Australia I do not regard them as trivial.”

In recent days the UK and Germany have also indicated that an independent investigation into the nature of the power transfer would be necessary to “consolidate [the new government’s] legitimacy.”

The EU’s High Representative for Foreign Affairs has said it remains “too early” to judge what conclusions its Heads of Missions (HoMs) will draw from their visit to the politically turbulent Maldives.

Amidst calls from member states like the UK and Germany to hold an “independent inquiry” into the circumstances that saw President Dr Mohamed Waheed Hassan Manik come to power last week in an alleged “coup d’etat”, the EU said it has not reached a decision on the current government’s legitimacy.

“The EU has not taken a definitive position on the events leading to the transfer of power, so we would wait for the conclusions of the investigation,” said a spokesperson for the Union’s High Representative for Foreign Affairs, Catherine Ashton.

“In the meantime, we look forward to the establishment of a unity government, to dialogue among all political forces and for all parties to refrain from violence.”

In an interview with AFP news agency President Waheed gave assurances that he would welcome the visit of a nine-member Commonwealth Ministerial Action Group (CMAG) to ascertain details of the transfer of power in the country.

Several international human rights groups have nonetheless questioned the legitimacy of President Waheed’s government, which has faced widespread civil unrest and allegations of supporting violent crackdowns on members and supporters of the Maldivian Democratic Party (MDP) by security forces tasked with securing the public.

Yet in an interview with The Australian newspaper this week, President Waheed called for Australia to support the legitimacy of his government amidst “untrue” claims he had come to power in a “coup”. He also pledged to push ahead with attempts at further democratic reform.

EU fact finding

According to the spokesperson for High Representative Ashton, last weekend’s visit of the HoMs was planned before the presidential turnover.

“However, in the current circumstances, the main focus of the mission is to assess the situation and meet with all major political parties, civil society and key institutions,” they stated. “It is yet too early to judge what the final findings of this HoMs fact-finding mission will be.”

When asked about allegations and reports emerging from across the country about violent crackdowns by some security forces and figures posing as police in areas like Addu Atoll, the EU said it would again be awaiting findings from the Maldives’ Human Rights Commission before making any statements.

“We welcome the role of the Human Rights Commission and other mandated bodies to investigate any possible wrongdoings by the government institutions,” added the bloc spokesperson.

Amongst criticism from a number of human rights organisations regarding the nature of the change in power, the UK Conservative Party’s Human Rights Commission insists that establishing the legitimacy of the Maldives new government is not just relevant, but crucial to any resolution of the current unrest.

Commission Deputy Chair Ben Rogers said that any government hoping to be recognised as legitimate ultimately requires a people’s mandate.

“I believe Dr Waheed should hand over power to the Speaker and an interim government, and then fresh elections, with international monitors, should be held in three months,” he said. “In the meantime he should guarantee Mohamed Nasheed’s security and liberty, and the safety and freedom of other MDP members.”

US talks, IPU walks

Foreign diplomats have so far backed the plans forwarded by Waheed, who claims he is trying to form a national unity government ahead of the 2013 presidential elections.

On a visit to Male’ over the weekend, United States’ Assistant Secretary of State Robert Blake encouraged the coalition of “former opposition” political parties affiliated with the new government to “work with all parties to reform and improve the capacity of the judiciary, the police and the election commission to maintain a democratic transition.

Nasheed’s supporters have rejected Waheed’s government as a legitimate ruling body and have refused to participate in its administration.

Challenged by a foreign journalist over the legality of the transition, Blake stated that America’s commitment was to the new government of the Maldives.

“The United states remains committed to working with all Maldivian people to ensure a democratic and prosperous future for this important friend of the United States,” Blake said.

However, he added that there were “some questions regarding the transfer of power” and suggested that an independent Maldivian commission be formed to investigate the issue, before arriving at conclusions.

In a more aggressive move, the Inter-Parliamentary Union (IPU), a close affiliate of the United Nations, is sending an urgent mission to the Maldives to address concerns over the reported beating and detention of lawmakers.

“I am very worried about recent news alleging harassment and beatings of members of parliament and the continued detention of one of them,” said IPU President Abdulwahad Radi in a statement yesterday.

MDP Parliamentary Group yesterday released a statement categorically describing the beatings and in some cases detention of 10 MPs by security forces on capital Male’. Accompanying photos lend credibility to the claims.

Urging authorities to exercise “restraint”, Radi advised that “inclusive political dialogue” was the only solution to the current crisis. “It is essential that an atmosphere of non-violence, restraint and stability be established,” he said.

Radi further requested Maldivian officials to respect their parliament’s mandate while assuring that the IPU mission would meet with “all political actors concerned” with the country’s crisis.

The IPU, a conglomeration of 159 member countries founded in 1899, connects elected representatives from different nations and regions.

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“I told them to surrender; otherwise Nasheed might lose his life”, Umar Naseer tells PPM rally

The Deputy Leader of Progressive Party of Maldives (PPM) Umar Naseer has claimed that he warned the close aides of Former President Mohamed Nasheed during the unrest of February 7 that Nasheed “might lose his life” if he did not comply with the calls for his resignation.

“I kept telling them to surrender or else you might even lose your life. I kept telling them repeatedly,” he said, adding that Nasheed had asked for security guarantees for his family.

There are also videos of the ex-colonel and former assistant police commissioners going into the MNDF headquarters, coming out and addressing the crowd, informing them that Nasheed has been told to “immediately and unconditionally resign” and then escorting him to the President’s Office under military guard.

Umar made the remarks while addressing nearly 1,000 supporters of former president Maumoon Abdul Gayoom’s PPM party, gathered at Artificial Beach on Sunday night, in its first rally since Nasheed was ousted from office and appointment of Gayoom’s hardline supporters into the new cabinet formed by President Dr. Mohamed Waheed Hassan Manik.

According to Umar, he was at the “commanding center” and mediating with Nasheed’s close aides, while political unrest escalated on Male’ during the late hours of February 6, as rogue elements of police  and  military joined the opposition protesters culminating into what the MDP claims was a coup.

“While the operation [protest] was going on that night, I was at the commanding center. I was talking to Nasheed’s close aides. I told them to surrender; otherwise [he] might lose life. I told them that repeatedly. But, firstly, they responded arrogantly saying they do not have to surrender [because] such a circumstance has arrived,” Umar claimed.

But around 8:30 the next morning, Umar claimed that Nasheed called him saying that he wanted to resign. Nasheed said that he would not participate in any political activities hereafter, Umar added.

“Nasheed called and said that he is prepared to resign. He requested arrangements to be made for him and his family to leave for somewhere else. I told him that it will be arranged and to prepare for resignation,” Umar claimed.

Following media coverage of those remarks, Umar released a statement today pointing out that he did not imply that President Nasheed’s life was threatened by police and Maldives National Defence Force (MNDF).

During the unrest, Umar said that he spoke to Former Defence Minister Tholhath Ibrahim Kaleyfaanu and told that their lives were in danger because of the large number of protestors on Republic Square.

“I said his life could be in danger because of the large number of people gathered there [Republican Square] and it seemed that police, MNDF did not have the capacity to control the crowd – not even us,” Umar said.

Umar said that “we feared from our hearts” that if the civilians [protesters] had entered the MNDF headquarters by using any means, Nashed, Tholhath and MNDF and police inside the building [at the time] would have been at danger.”

Nasheed and his Maldivian Democratic Party (MDP) have however denounced the legitimacy of the new government, and accused Dr Waheed of participating in the coup.

Meanwhile last night, some MDP supporters also took to the streets near parliament, where some MPs were staging a sit-in calling for the release of MDP MP Mohamed Rasheed, who was among those arrested from Addu for vandalising and setting fire to police and public property on February 8.

“Six of our MPs were taken away last night, I was badly beaten myself,” said MP Mariya Didi last evening, describing the aggression done to her by police forces. “I’ve got bruises all over. I’ve still got a black eye.”

Didi referenced her colleague MP ‘Reeko’ Moosa Manik, who was flown to Sri Lanka following a police attack on a peaceful march around Male’ last week. “We’ve all been beaten up for many days in a room” by police and security forces, Didi summarised.

Although charges are being issued they appear to have no base. Didi compared the allegations made against her to those made during Gayoom’s administration. “The same politicians, the same members, are doing the same thing all over again. They think they can charge us with terror charges. If this is the case then we will get huge sentences of 12 years or more,” she said.

MP Hamid Abdul Gafoor seconded Mariya’s statements, adding, “This is a coup, there is no doubt about it, and we [MDP MPs] are feeling the brunt of it.

Gafoor claimed that many MDP MPs are blacklisted and unable to leave the Maldives, although officials have denied the existence of such a list.

Protesters last night put down their signs reading “You cannot terrorise our MPs” around 9:00pm and took up the cry “Lari Lari! Yes Sir!”, mocking the police as corrupt servants of opposition party leaders.

The protests continued without turning violent until 1:00am.

Rasheed was moved to house arrest today, along with three Addu city council members detained by the police.

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MPs released from Dhoonidhoo but party members remain in detention: Solih

Five Maldivian Democratic Party (MDP) MPs who were arrested during yesterday’s peaceful march around Male’, including Mariya Ahmed Didi, Alhan Fahmy and Imthyaz Fahmy, were released from Dhoonidhoo Detention Centre at midnight last night.

MDP MP and parliamentary group leader Ibrahim Mohamed Solih said the MPs had been handcuffed since the time of their arrest between 4:00pm and 5:00pm yesterday, and their release at midnight. Didi has sustained injuries to her arms, back and face, he said.

Over 50 party members and citizens were admitted to the hospital yesterday with head injuries and bruises to their backs, arms and stomachs following yesterday’s march, which was reportedly attacked without provocation by police forces.

Party Chairperson and MP ‘Reeko’ Moosa Manik was last evening reported to be in critical condition following the attack. In an interview given to local media Raaje TV from his hospital bed, where he was on a ventilator being treated for serious head injuries, Moosa claimed security forces “wanted to kill me.”

Speaking today to Minivan News, Solih said the doctor is examining Moosa’s injuries. “He is still in the same condition [as yesterday],” he said.

Former president Mohamed Nasheed also sustained injuries to his back, hands and head. He was kept in a safe house until some time last night, when he returned to his home in Male’.

MPs held in Dhoonidhoo have returned home, but more than 15 party members were believed to remain in Dhoonidhoo.

Solih said security forces have not been cooperative with providing information.

“They are not answering our calls, and didn’t even allow lawyers to go to Dhoonidhoo, saying their computer system was down. They continued to refuse lawyers access to the centre and later released the MPs,” he said.

Solih said the party is currently trying to get information about party members who may still be held in Dhoonidhoo.

Meanwhile, Criminal Court Chief Judge Abdulla Mohamed has issued an arrest warrant for Nasheed and former Minister of Defense Tholhath Ibrahim.

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‘Island President’ shows Maldives as ‘canary in the coalmine’ of climate change: Aspen Times

The Island President, an award-winning documentary about President Mohamed Nasheed’s environmental campaign at the Copenhagen Climate Summit, has been screened in Aspen Colorado ahead of its upcoming US release.

Several pre-release screenings were held in Male’ last year, to generally positive local reactions. Overseas, the film has been compared to a humanising version of Al Gore’s Academy Award-winning documentary ‘An Inconvenient Truth’, which catapulted climate change to the top of the public agenda on its release.

“An Inconvenient Truth put a lot of inconvenient, and disturbing, facts and predictions in front of viewers. But the film, which earned the Academy Award for best documentary, didn’t put much of a human face on the environmental catastrophe of which it warned,” wrote Stewart Oksenhorn for the Aspen Times. “Featuring the wooden Al Gore alongside the PowerPoint presentation of statistics and forecasts didn’t do much to humanise the issue.”

“The Maldives, a nation of low-lying islands in the Indian Ocean, could be well considered the canary in the coal mine regarding rising temperatures and waters. The Maldives is also a tiny country, and combines the lack of influence with Nasheed’s small physique and sing-songy voice, and he comes off not as a bully but as an unlikely, and easy-to-like, voice in the environmental movement.

“’He’s real,’ said Director Jon Shenk. I’n a funny way, he’s an everyday guy who says everyday things. He’s not an untouchable figure like Gandhi. He’s willing to compromise.'”

“‘He plays like he has nothing to lose,’” said Shenk. “’He’s been pushed to the edge with torture. I think of him as this guy who wakes up every day and says, ‘Well, here’s another day I wasn’t supposed to have — what am I going to do with it?’”

“'[The film] is as much about leadership and political issues,’” he said. “It’s not uncommon for people to watch ‘The Island President’ and say, ‘Wow, I wish I had a president like that.’ You dream about this guy as your next leader.”

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President sends letters to three MDP MPs requesting “clarification” of corruption allegations against government

President Mohamed Nasheed has sent letters to Maldivian Democratic Party (MDP) MPs Ahmed Rasheed, Mohamed Musthafa and Shifaq Mufeeq, requesting they clarify corruption allegations made recently against the government.

According to the President’s Office, the Nasheed requested the MPs send details and evidence related to the corruption allegations as soon as possible, and urged their cooperation.

Mustafa told Minivan News that he had received the letter sent by the President and that he would share all the information he had, as requested by the president.

‘’These corruption allegations have become a national issue and the President is obliged to investigate it,’’ Mustafa said. ‘’I believe that when the president makes a request, we are obliged to share whatever information he wishes. There are many corruption allegations against senior officials of MDP and some serious allegations that we cannot share with the media right now,’’ he claimed.

“We will be sharing this information later,” he said, adding that he would reply to the president’s letter.

Several MDP MPs have recently alleged in parliament that there were corruption allegations in the government and that these should be investigated and stopped.

On November 21 during a debate in parliament MDP MP Shifag accused MDP Chairperson and MP ‘Reeko’ Moosa Manik of corruption.

He claimed that excavators sent by Moosa’s Heavy Load Company to the SAARC Summit preparations were not usable, but that Moosa was paid millions of rufiya in lease payments for the excavators that he was not entitled to receive.

MDP MP Ahmed Rasheed claimed that same day in parliament that there was corruption in the government to a level that was ”concerning and dangerous.”

Ahmed Rasheed was not in town and was not available for a comment, while Shifag was in a committee meeting and was unavailable for a comment.

Moosa also said he was in a meeting and was unable to comment.

Last week Transparency International revealed that the Maldives had risen slightly to rank 134 in the organisation’s Corruption Perception Index (CPI).

The country scored 2.5 on a scale of 0 (highly corrupt) to 10 (very clean), placing it alongside Lebanon, Pakistan and Sierra Leone.

The score however is a mild improvement on 2010, when the Maldives was ranked 143th and below Zimbabwe. The Maldives still rated as having higher perceived corruption than many regional neighbours, including Sri Lanka (86), Bangladesh (120) and India (95).

Project Director of Transparency Maldives, Aiman Rasheed, warned that the ranking could not be compared year-to-year, especially in the Maldives where there were only a three sources used to determine the index (India has six).

“Corruption in the Maldives is grand corruption, unlike neighbouring countries where much of it is petty corruption,” Rasheed said. “In the Maldives there is corruption across the judiciary, parliament and members of the executive, all of it interlinked, and a systemic failure of the systems in place to address this. That why we score so low.”

Faced with such endemic and high-level corruption, it was “up to the people of the Maldives to demand better governance”, he said.

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Indian Ocean ferry service and renewable energy investment among key SAARC agreements

The 17th SAARC Summit concluded today with the signing of the ‘Addu Declaration’, containing a number of key agreements affecting the region.

One of the most significant for the Maldives was a commitment to ensure that final preparations for an Indian Ocean passenger and cargo ferry service were completed by the end of December.

In a press conference following the closing ceremony, SAARC Chairman President Mohamed Nasheed pointed out that this development would allow someone to cheaply travel from Kulhudhuffushi in the country’s north to Colombo or Kochi in as much time as it would take them to reach Male’.

Other agreements included the strengthing of the SAARC Secretariat, the establishment of a South Asian Postal Union, and intensification of efforts to reduce non-tariff barriers to trade and reduce the sensitive list.

During the Summit, India had announced its intention to reduce its sensitive list for Least Development Countries (LDCs) from 480 tariff lines to 25, with zero customs duty for those items removed.

An unexpected commitment was an agreement in principle that SAARC countries would spend an “appropriate proportion” of their national income on renewable energy technologies.

The percentage would be determined by energy authorities and finance ministers in each country, but Nasheed said that if investment reached even one percent it would create the world’s largest market for renewable energy technology overnight.

No agreement was reached regarding the possibility of installing a human rights mechanism in SAARC, however Nasheed said the matter had come up as dear to several SAARC leaders, who had spent time in jail and faced torture over their politics.

“I don’t think they will stop talking about human rights,” he said.

The Heads of State also agreed further measures to combat maritime piracy in the region.

“When the next season of pirates drift into the Maldives, we must be able to deal with them,” he said.

“It is not a matter of stopping them, but what we do with them after we capture them,” he said, noting that the Maldives currently had 37 in custody.

“They have no ammunition on board by the time they reach the Maldives, and no passport or identification papers, so we can only treat such a person as a refugee adrift.”

Observer statements

During the closing ceremony observers from eight countries made statements in support of SAARC, reaffirming various commitments in the region.

The Australian representative observed that Australia was united with South Asia not just through sharing the Indian Ocean, but through a shared love and appreciation of cricket – 80 percent of the market for which was based in South Asia.

Australia pledged an additional AUD$20 million over two years, extending its support for infrastructure development to AUD$40 million over six years, and announced 297 scholarships to South Asian countries in 2012.

China meanwhile announced an additional donation of US$300,000 to the SAARC Development Fund.

The European Union welcomed steps taken at SAARC to move beyond trade to also cover political issues, such as counter terrorism.

The former “complexity” of SAARC had compelled the EU in one instance to decommit funds allocated for developing standards, the representative noted, but highlighted a €6.5 million commitment in civil aviation cooperation.

Iran noted its shared linguistic heritage with South Asian countries and raised the possibility of tourism cooperation.

Japan meanwhile thanked the Maldives for its contribution of 69,000 tins of tuna following the earthquake in March, and pledged broad support around the region. Particular emphasis, the representative said, included stability in Afghanistan, democracy in Pakistan, peace and security in Nepal, disaster preparedness in Bangladesh, and democracy consolidation in Bhutan and the Maldives.

The representative from the Republic of Korea noted that it was only in the last 50 years that Korea had transformed itself from a recipient of donor aid to an OECD country, and announced that the country intended to triple its overseas development commitment by 2015.

The representative from Myanmar/Burma announced his country’s desire to promote trade with SAARC countries, given its proximity.

The country was in the process of transitioning from a military government to a democracy, he claimed, appealing for the “understanding and support of the international community.”

The United States representative reiterated Secretary of State Hillary Clinton’s ambition to help establish “a new silk road” in South Asia, which would in turn address insecurity and extremism plaguing the region.

The US was very encouraged by the bilateral talks and trade agreements negotiated between India and Pakistan during the SAARC Summit.

At the same time, the US urged the need for greater transparency and accountability of government “in the pursuit of better government.”

Parallel ‘People’s SAARC’

The parallel ‘People’s SAARC’, a collective of South Asian civil society organisations, meanwhile observed that the Summit was taking place “at a time when South Asian states are beginning to look inwards to realize the region’s immense political, economic, and diplomatic potential.”

“While the agenda of economic and social development might have moved up as a priority item for the SAARC countries, South Asian states continue to veer towards their aspirations for superior military might, prompting them to divert resources from developmental goals.”

The parallel SAARC urged leaders to close the income gap by dropping “wasteful” expenditure of further militarisation, institute a regional human rights mechanism protecting the rights of migrant workers, and create and independent climate commission.

“We would also like to see the establishment of a regional monitoring body with a mandate to assess the compliance of the member states in installing, safeguarding and institutionalising democratic governance.”

“SAARC should encourage member states to adopt competent and credible constitutional, legal and administrative framework to end all forms of discrimination, displacement, deprivation and the deeply rooted culture of impunity to secure a better future for the billions on inhabitants of the region,” the statement read.

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DRP accuses PPM of using cash incentives and development funding to poach members

Spokesperson and Deputy Leader of the Dhivehi Rayithunge Party (DRP), Ibrahim ‘Mavota’ Shareef, has alleged that the breakaway opposition party of former President Maumoon Abdul Gayoom has been offering cash incentives and development funds to island groups, in a bid to persuade them to join the Progressive Party of the Maldives (PPM).

“There are many social clubs in the Maldives with the purposes of developing islands. Many have been offered cash incentives and funds for development activities if members join the party. Even individual members have been offered,” said Shareef, who has made similar claims to local media this week.

PPM Spokesperson Ahmed Mahlouf was not responding to refute the allegations at time of press.

“We’re not about to file a court case, but this is happening on a wide scale. If the clubs involved need funding, members are inclined to accept. We couldn’t afford to lodge so many cases,” Shareef said, when asked if the party had any evidence to back the claims.

Prior to the PPM’s inaugural convention on October 15, the EC verified and approved the membership forms of 3,019 party members.

Several thousand people attended the convention at Dharubaaruge, including at least one prominent ruling Maldivian Democratic Party (MDP) activist.

The 971 delegates present elected Gayoom interim leader unopposed, while his half-brother MP Abdulla Yameen was elected acting parliamentary group leader.

Yameen’s party, the People’s Alliance (PA), recently split from the main opposition DRP which remains under leadership of Ahmed Thasmeen Ali. The relationship between the PPM, formerly known as the Z-DRP faction of the opposition, and the DRP leadership remains strained.

Shareef expressed surprise at the large numbers of people who attended the convention, and acknowledged that support for Gayoom’s party had the potential to affect the DRP’s membership base.

“This was a 30 year regime and we have to accept that there are pockets of support everywhere. During Gayoom’s time he did a lot a lot of work and has many supporters, and we have to recognise this,” Shareef said, but questioned the PPM’s “ability to work together as a party.”

“I don’t see any future for PPM. They are saying that 99 percent of [DRP members] are joining the party but we don’t see any such thing happening. At the same time there are a lot of people who have remained steadfast and believe the DRP has a future, and that the leadership has the experience and qualifications to run the country,” Shareef said.

The breakaway faction consisted of Gayoom’s immediate family and “former DRP members who failed in elections while they were in the DRP,” Shareef said. “PPM is a family enterprise, promoting a private hidden agenda in the name of the national interest.”

Gayoom had capitalised on growing dissatisfaction with the government, Shareef contended.

“At the grassroots level, people are very unhappy, and the swing voters have been moving away from the government. This is why Gayoom chose now to form his new party. In 2008-2009, and even midway through 2010, there was no political space.”

The division was as much ideological as it was acrimonious, Shareef explained.

“Many people do not believe the DRP is able to hold the government accountable, because we do not create violence or street protests. Many people think the opposition should make the country ungovernable, even the media and opinion leaders. I’m not sure if they understand it themselves, but it makes it very dangerous, as it risks the whole society falling and becoming a failed state,” Shareef said.

“We believe we are a responsible opposition and we oppose the government’s polices where they are wrong, and support them when they are right. There is nothing personal and we are not out for revenge, and we do not see the ruling party as personal enemies.

“Gayoom’s family and his inner circle view them as personal enemies and are out for revenge, using chaos and anarchy to try and stop the government from doing any work. We are clear we want a stable government, and to change it through elections, but the immediate family of Gayoom has a different idea. They want street action, so that every day the government is under pressure, while we voted for a presidential system of government that gives the President a free hand to run the country [while he is elected].”

Beyond the poaching of its member base, the DRP faced new financial challenges with the departure of the former President, Shareef said.

“Finance is a great challenge. The current DRP leadership is not as rich as PPM’s top leadership. It presents a challenge, but I like to believe money is not everything.”

Road to 2013

Shareef was a founding member of the MDP, Deputy Parliamentary Group Leader in Nasheed’s shadow cabinet, then later a deputy to Gayoom, and now a deputy to Thasmeen.

With the split in the opposition, and the collapse of all the MDP’s coalition agreements, Shareef predicted that “given current trends” the 2013 presidential election would effectively be a replay of the 2008 election in which Nasheed won power in a run-off election against the incumbent Gayoom, due to the support of coalition partners.

The MDP would need to gain 51 percent of the vote in the first round to secure a clean win, while “none of the opposition parties will secure enough votes to reach the 51 percent mark,” Shareef said. “Meanwhile the MDP has chased away all its coalition partners, and they cannot now turn around and say ‘We can work together’, because nobody will believe them.”

Faced with a run-off, the disparate opposition groups would temporarily unify over the common ground of ousting the MDP, Shareef predicted, giving power to the largest opposition party.

“Look at the last three elections. In the first round of the 2008 Presidential election Gayoom got 40 percent, while the rest of the then opposition got 60 percent. In the second round the opposition totaled 54 percent. The MDP lost ground in the parliamentary elections, and the majority of the islands voted for the DRP in the local council elections,” he claimed.

“The incumbent government has the resources of the state to get votes, and can get at least 20-30 percent just by being in power. At present trends, the 2013 will be a replay of 2008, and as things stand now, whoever is in opposition will go to the second round. But we need a leader who is not out to take revenge.”

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ICC membership expected to reform Maldivian judicial system

The Maldives has become the 118th country to adopt the Rome Statute of the International Criminal Court (ICC), the world’s first and only permanent international court with jurisdiction over crimes against humanity, crimes of aggression, genocide and war crimes.

The Maldives is the third state in South Asia to become an ICC member, following Bangladesh and Afghanistan. It is the ninth in the south asian region alongside Cambodia, Japan, Republic of Korea, Mongolia, the Philippines and Timor-Leste; plans to ratify the statute are advancing in Malaysia and Nepal.

Asia has been slower than other regions in adopting the ICC regulations, allegedly because they maintain the death penalty which is prohibited by the ICC. William R. Pace, Convenor of the Coalition for the International Criminal Court, said the Maldives’ decision to accede to the Rome Statue was a significant step for the region.

“It is vital that the momentum towards increasing respect for the rule of law and accountability for those responsible for the most serious crimes is seized by other states in the Asia-Pacific region, many of whom are close to joining the ICC,” Pace said in a press release. “Joining the Court represents a strong deterrent effect that will contribute toward the prevention of gross human rights violations in the Asia-Pacific region and to the global fight against impunity.”

Acceding to ICC regulations as defined by the Rome Statute has been a long process for the Maldivian government. In 2003, the Maldives took steps to reject its judicial authority.

Wikileaks cables published on 1 September 2011 cite the Maldivian government’s intent to “never turn over a US national to the International Criminal Court (ICC). The Maldivian government would not sign the ICC treaty and would not respect its claim to universal jurisdiction.” Other cables indicate that then president Maumoon Abdul Gayoom was seeking approval for a visit with then US President George W. Bush, allegedly to improve his chances of re-election.

Speaking to Minivan News today, the President’s Press Secretary Mohamed Zuhair said ratification of the ICC statute highlighted the different values of the current administration.

“For us, it’s transparency that is at the top of our priorities. So right now, our highest priority is to improve the judicial system of this country.”

The ICC covers major crimes which are widespread, systemic and of concern to the international community. The ICC does not deal with small cases, even if the victims may be in the hundreds.

Among the criteria for the ICC to take on a case in the Maldives is doubtful willingness and capacity of the country’s own judiciary to handle the case in question.

Zuhair said it was important for Maldivians to have access to an international judicial system. “Individuals who feel they have a complaint, even against a leader, could refer the complaint to the Maldivian judicial system or to the ICC. This is a big step for a country whose previous leaders have been accused of human rights violations. I believe their cases would be fairly addressed in the ICC,” he said.

Evelyn Balais-Serrano, Asia-Pacific Coordinator for the ICC’s advocacy NGO Coalition for the International Criminal Court (CICC) told Minivan News that ratification would support domestic legal reform, and that heads of state would face new levels of accountability.

“The ICC only deals with the big fish. In the past only the small fish may have been sacrificed to show a semblance of justice – but the ICC targets the highest level of responsibility: the head of state, generals, kings,” she said previously.

The Debate

In October 2010, the debate to join the ICC created sparks in Parliament.

MDP MPs condemned the “unlawful and authoritarian” practices of the previous government. Group Leader “Reeko” Moosa Manik referred to 2009 legislation protecting former presidents who he considered “the worst torturers in the country’s history,” and said the purpose of the international criminal court was to “arrest torturers like Maumoon [Abdul Gayoom], people like Ilyas Ibrahim [brother-in-law of the former president] who stole state property and funds, and Attorney Generals like Hassan Saeed who tried to hide it.”

MPs from opposition Dhivehi Rayyithunge Party-People’s Alliance (DRP-PA) said MDP MPs were overlooking the fact that Gayoom had never been reprimanded in a court of law, and accused the current administration of disregarding rules of law. MP Dr Abdulla Mausoom accused the MDP government of formulating policies only to “benefit certain people”, which he argued could be “considered a crime in international courts.”

The question of religion was also inflammatory. DRP MP Dr Afrashim Ali said convention should not be signed if it could lead to “the construction of temples here under the name of religious freedom.” Other MPs pointed out that several Muslim countries had not joined the ICC, and the MPs were concerned that ratification would “shatter Islamic principles” and encourage gay rights.

Shari’a experts in ICC signatories and Muslim countries Afghanistan, Jordan and Malaysia have not found conflict between the Rome Statute and Sharia.

On 14 June this year, Parliament voted almost unanimously to sign the Rome Statute of the ICC.

The Effects

Speaking to Minivan News today, Balais-Serrano pointed out that ratification of the Rome Statute was well-timed.

“As a chair of the SAARC summit, Maldives will have quite an influence on south asian countries attending this year’s event,” she said. “It will certainly be constructive in reviewing human rights, a key point we plan to address at the summit.”

The South Asian Association for Regional Cooperation (SAARC) summit is scheduled for Addu City in mid-November this year.

Balais-Serrano also pointed out that by ratifying the Rome Statute, governments are committing to adapt current domestic legislation to meet international standards. She said ICC members could receive “training of local judges and prosecutors and other officials responsible for lawmaking and implementation”, and hoped the Maldives would forward with judicial reform.

“The judicial system in Maldives can benefit from the rules and procedures by which the ICC operates, for example, in the nomination and election of judges, in the protection of witnesses and victims and in ensuring due process,” said Balais-Serrano.

She said that ICC membership would expand Maldivian court procedures. “One of the motivations of joining the ICC is to let go of a commitment to include the domestic judicial system alone. Now, Maldivians can also refer to the ICC provisions and regulations. This is a timely event for the Maldives to review domestic law while making the ICC a reference point.”

As an ICC member, the Maldives will be able to send judges and lawyers abroad for internships and exchange programs in member countries. Balais-Serrano said that all member countries are obliged to send employees to the ICC to learn and assist with proceedings.

International liability

ICC membership could affect international relations. The Maldives recently made news headlines by supporting the Sri Lankan government, which is facing war crimes allegations by international human rights groups. A report from UN Secretary General Ban Ki-Moon has raised the likelihood of an investigation by the Human Rights Commission.

A Relationship Agreement between the ICC and the United Nations calls the UN “potentially the most important partner of the ICC on various levels,” and suggests that investigations by the UN are based on the same human rights standards put forth by the ICC.

“The Maldives cannot do anything if the ICC decides to investigate and put into trial the perpetrators of crimes in Sri Lanka,” said Balais-Serrano. “If suspected criminals from Sri Lanka seek refuge in the territory of the Maldives, as a state party to the ICC, the government is obliged to cooperate to the Court by arresting  the criminals.”

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Citizens honor Evan Naseem in rally against torture

Maldivians honored the eighth anniversary of Evan Naseem’s death and the subsequent shootings at Maafushi Jail in a rally at the tsunami memorial today.

The events of 20 September 2003 are considered critical moments in Maldivian democracy that led to the ousting of former president Maumoon Abdul Gayoom.

About 100 people attended the rally, which featured speeches and posters of torture victims. The event will continue tomorrow at 4:00pm.

Maldivian Democratic Party (MDP) founding member Mohamed ‘Bounty’ Nazim described his experience of Naseem’s death, and the protests that followed in Male’.

“We went to the cemetery and saw Naseem’s body. I cannot tell you how it felt. I felt very, very sad, the support I had for [former President] Maumoon was gone when I saw Naseem. I called my friends to come join us in protest against Maumoon,” he said.

On September 20, 2003, prisoners at Maafushi jail allegedly rioted against prison personnel, demanding an explanation for fellow inmate Evan Naseem’s death. Nineteen people were injured and three inmates killed.

Naseem “died due to grievous hurt caused to him by some personnel of Maafushi Jail Security System,” a report filed by the former administration claimed.

Citizens in Male’ rioted when Naseem’s mother Maryam allowed people to see her son’s body, which bore signs of torture.

Nazim said over 5000 people participated in the riot, and that police threw rocks and used arms against them.

Nazim informed Minivan News that today’s protest was “not an MDP event”. He said in two days he and 11 others would register the NGO “Activist Association of Maldives”, which will raise awareness about the penal system and strive to “stop the punishment of innocent people there,” Nazim said.

“We worry about Nasheed,” he said, referring to the Maldives’ current president. “Why not bring Maumoon to justice? There is proof that he ordered the shooting at Maafushi. But Maumoon is still powerful in the judiciary. I’m hoping that one day, we will have justice.”

Fliers are handed out that portray injuries done to men in prison during Gayoom's presidency

Nazim said that protests will be held every year on September 20. Previous anti-torture protests were suppressed by the police, but “Nasheed gave us the freedom to speak, and today we are here peacefully,” said Nazim.

Over 3,000 messages were sent out and MPs were invited to the event. MP Reeko Moosa, who was claims to be a victim of torture, told the crowd that Gayoom “would not be allowed to hold power again”.

“We are happy now because there is no news that torture is happening under this government,” Moosa claimed, speaking to Minivan News. “But we are still watching things very carefully. Gayoom is trying to take power again, but it will not happen. We are against torture happening in the Maldives ever again.”

Moosa did say that the current administration “could do more.”

“The government needs more investigation, and it needs to bring the torturers to court,” he said.

Other speakers spoke out against Gayoom and his newly-formed Progressive Party of the Maldives (PPM). One man said the public should go to Gayoom’s house and “bring him out to face the people’s justice.”

Several torture victims who spoke to Minivan News expressed strong resentment for Gayoom. One Abdulla Naseeru said his “blood is boiling” and he wanted “to reach out and beat Gayoom.”

Naseeru reported being handcuffed and beaten in the same cell as President Nasheed for six months, and said he had spent a total of two years in prison.

“I wrote a letter to Gayoom after about my beatings, and his response was that the army and prison guards cannot be investigated,” he said. Naseeru said he still hears reports of prison beatings, and fears current investigations will be stopped by members of the former administration who still hold office.

Although the rally took place during school hours, a few interested teens joined the crowd. One said he was interested in politics, while his friend said he was curious to see what was happening. Both boys said their peers are aware of the issue.

Among those who attended the rally was a former army private who said he was willing to come out against Gayoom.

Evan’s mother Maryam Naseem was also in attendance. “It is very hard to be here,” she said. But she was pleased that Male was paying attention to the issue.

A government investigation into the events at Maafushi jail was launched by former President Gayoom, but the officers who were convicted were released before fulfilling their jail sentences. In June 2011, the case was re-opened and three former prison guards were sent back to jail.

Then-captain Adam Mohamed, who was allegedly responsible for Maafushi at the time, remains free.

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