“Maldives cannot afford to be an inward looking, xenophobic country”: former President Nasheed

The following speech was given by former President Mohamed Nasheed at the launch of the Maldivian Democratic Party (MDP)’s foreign policy. President Mohamed Waheed’s Independence Day address is available here.

Your Excellencies, distinguished guests, ladies and gentlemen,

We live in turbulent times. Times have always been turbulent.

We sit in the Indian Ocean, across a 1000km from North to South, where the bulk of the international trade passes. We are so strategically located that when the big boys fight, we are hemmed and wedged in-between.

The basis of our foreign policy is what my grandmother used to say, find a friend and stick with them, be good and be honest to them.

Our relationships do not depend on our fortunes, but on our ideals.

We are saddened that a number of countries with whom we shared our sentiments didn’t live up to our expectations.

But still our relationships do not depend on our political fortunes.

Down and under or up and above we still stick to our principles and beliefs.

A tolerant Islamic society, friends with everyone, enemies of no one.

The Maldives recently embarked on a remarkable journey towards democracy that sought to allow our people to live free, prosperous and dignified lives.

The adoption of a new constitution that guaranteed fundamental rights and allowed for separation of powers and term limits for the president was a key achievement.

So were the presidential, parliamentary and local government elections that took place in quick succession from late 2008 onwards.

Our party, the Maldivian Democratic Party, had the good fortune to become the first democratically elected government in our country’s history.

It is remarkable that after 30 years of one-man rule, the change took place through the ballot box, and that the transfer of power was peaceful and recognised as legitimate by both Maldivians and the international community.

We were also particularly proud and hopeful to be the first Muslim country in South Asia to have achieved a peaceful transition to democracy.

The people of Maldives placed a great deal of trust in us, and had high expectations that we would be able to deliver on our pledges so that the quality of their lives would be better.

In order to build the kind of society we want, we felt that it was imperative that we engage with the wider world and become responsible global citizens.

The Maldives has always maintained contact with the outside world. Historically we have been seafarers, traders, and explorers. We have never lived in isolation and we must not live in isolation in an interdependent world.

The mainstay of our economy is our hospitality industry. Close to a million tourists visit our shores every year to enjoy our country’s natural beauty and our people’s hospitality. Visitors to the Maldives has always been the norm.

Thus we feel that Maldives cannot afford to be an inward looking, and xenophobic country.

We need to be outward looking and cosmopolitan.

This is the foreign policy that the first MDP government pursued.

Human rights were an important part of our domestic policy platform. It was only natural that we took the promotion of these values to the wider world.

Our membership of the Human Rights Council was an important achievement. Indeed, we secured the highest number of votes in that election, and we used our platform to press for stronger global human rights protection mechanisms.

We aimed to increase foreign investment in the Maldives, through our pivot towards commercial diplomacy.

As we graduated from a Least Developed Country to a middle-income country, we knew that economic opportunities had to be expanded.

Trade not aid, became our new mantra. And the results were remarkable.

Statistics maintained by our Ministry of Economic Development show that out of the 1.5 billion dollars that flowed in through non-tourism foreign direct investment since 1980, over 50 percent was secured during our three years in government.

At US$500 million, the contract with GMR–Malaysia Airports consortium to develop the international airport in Male’ was the single largest investment in the country’s history.

A loan from the Export-Import Bank of China facilitated the development of 1,500 housing units in Hulhumale’ through a Chinese contractor.

By selling shares in Dhiraagu to the British company Cable and Wireless, we were able to begin work on a submarine cable project in partnership with the Japanese Hitachi Corporation that will provide high-speed internet connectivity throughout the length and breadth of the Maldives.

Climate change is a real existential threat to our country. Under the MDP government, Maldives moved away from being a victim of climate change to a leading voice in the debate. The role we played at the COP 15 Summit in Copenhagen attempted to bridge countries on different sides of the argument. We were pleased that the Copenhagen Accord pledged much needed funding for climate change adaptation for us and other countries vulnerable to the effects of climate change. We spoke on behalf of the Small Island States on the same platform as the world’s largest economies.

Maldives’ took a ‘can-do’ approach on climate change. We made a bold decision to become a carbon neutral country by 2020 and we were in the process of submitting our renewable energy investment plan to the World Bank in February 2012.

There were many other instances where our relationships with the outside world have proved fruitful to our people.

We have had important cultural exchanges, for instance through the Hay literary festival.

We set up an International Volunteer Corp, so that volunteers could travel to our beautiful country and help us with important social services.

We increased scholarships for our youth to study abroad.

These are just some examples of our interactions with our international partners and the benefits that our citizens gained through our foreign policy.

But of course, as you know, this story did not have a happy ending.

Fledgling democracies are fragile.

The success of a democracy does not rest upon the ability to give people a vote and to hold an election every few years. It requires a massive shift in power from a stronghold “deep state” to the masses.
On the 7th of February last year, I was forced out of the office that I was elected to just three years before. I set out the details of the coup in great detail in my testimony to the Commission of National Inquiry (CoNI). So I will not belabour the point here.

Some chose not to recognise the events that forced the country’s first democratically elected government out of office as a coup.

But what was clear to all even then, was that this was not how a democratically elected government in any country should be changed.

And what has become increasingly clear over time, is that the coup has reversed many political and developmental gains that the country had made during our three years of democracy.

We had taken one step forward, but were quickly forced to move two steps back.

The security forces continue to act with impunity and use excessive force against peaceful protesters.

Politically motivated prosecutions have become the norm. There are currently cases pending against all levels of the opposition, from the MDP’s presidential candidate to several hundred grassroots party activists.

Mismanagement of the economy has led to the government budget already being exhausted mid-way through the year, and many essential services are neglected.

Infrastructure projects in many islands initiated by the MDP government have come to a sudden halt.

The universal health insurance scheme established by our government has been scaled down.

The transport network we set up to connect our islands and bring goods and services closer to the people has become dormant in many parts of the country.

Local fishermen earn less for their catch after the competitive market has once again been monopolised.

While 115 schools were converted to single session by the end of 2011, no progress has been made on the program since then.

The airport’s roof still leaks when it rains and we have to rely on an archipelago of buckets to keep travelers dry.

Most recently, we saw how the thalassemia centre has been mismanaged to the extent that lives were put at risk.

One of our greatest achievements in our three years, I believe, were the gains in media freedom. With the ousting of the democratically elected government, Maldives’ press freedom fell 30 points back to pre 2008 levels.

Since the February 7th, 2012 coup, the country has not just seen the backsliding of democracy and greater affronts being committed against human rights. The state of our economy is deeply worrying. It has also seen decline in the country’s foreign relations.

There has been a nasty tide against many of our international partners, be it the Commonwealth, the EU, or indeed, India.

The coup government unceremoniously terminated the airport contract with GMR, amid some very unsavoury anti-Indian rhetoric. We now face a 1.5 billion dollar claim by GMR in international courts. This is a relationship that we cannot afford to turn sour, and a compensation bill that we cannot afford to pay.

In contrast, when the MDP took office in 2008 we made the decision to honour all financial commitments of the previous government. We believed in the importance of upholding contracts. It was the responsible thing to do. And it is a great tragedy that our example was not followed.

The bad relations with the international community means that there is little by way of assistance as our country’s democratic institutions and social and economic infrastructure crumbles.

It has meant that crucial visa arrangements have been jeopardized, making it harder for Maldivians to travel abroad.

And yet the coup government turns deeper inwards and shuns the wider world.

We were a beacon of hope.

We are no longer a leading voice in the climate change debate.

We are less concerned about widespread human rights abuse in Syria and Egypt.

We have once again become just another member state.

It is high time that this insular mentality is dropped, and that we reapply for our old job of being a responsible international citizen.

We pledge to repair our damaged relations with the wider world.

We pledge to work with our international partners to uphold human rights and establish a justice system that our citizens can have confidence in.

We pledge to carry on the increase in inward investment and outward trade to bring greater prosperity to our people.

We pledge to, once again, become a responsible member of the global community of nations.

An MDP government will reset important bilateral relations including those with our neighbours. South Asia is one of the most dynamic regions in the world. But it needs strong partnerships and strong leadership.

We will not seek to play one country against the other, but rather, maintain a balanced network of bilateral ties.

We were proud to host the SAARC Summit in 2011 and proposed the establishment of a regional transport link. But we greatly regret the fact that the coup meant that Maldives was not able to take advantage of its position as chair of SAARC to make our proposals a reality.

We will continue our advocacy of a two-state solution to the Middle-East crisis.

We will strive hard to push forward our human rights agenda. We successfully completed the Universal Periodic Review process between November 2010 and March 2011 and accepted over 100 recommendations. But of course, as the tragic events since the coup have shown, much more needs to be done to embed these values in our society.

The next MDP government will redouble our efforts to implement our international human rights commitments and to end the culture of impunity that is now so prevalent in the Maldives.

We will work with our international partners to reform crucial institutions such as the police, the military and the judiciary.

The actions of the Waheed regime have frightened away foreign investors. We will slowly, but surely, regain their confidence by strengthening our rule of law and respecting commercial contracts.

Our diplomatic missions will be encouraged to seek commercial opportunities from a diverse range of partners. This will be crucial to support our policy of economic diversification in areas such as mid-range tourism through guesthouses, as well as mariculture and agriculture projects.

Part of this effort will be to integrate Maldives and its people into the global village by promoting visa agreements, educational opportunities abroad and cultural exchanges.

An MDP government will work hard to solve global problems through multilateral institutions. We are proud of the role we played in reforming the Commonwealth Ministerial Action Group, to make it more proactive in holding perpetrators accountable.

It is no secret that we were extremely disappointed by the outcome of CoNI. But we will continue to engage with CMAG to ensure events that took place in the Maldives are not repeated elsewhere.

MDP will return climate change to the centre of Maldives foreign policy. It will return to its pragmatic approach of leading by example – by getting our carbon neutrality back on track. Maldives will once again lead at the UNFCCC, and will redouble its domestic efforts on building a more climate resilient and sustainable Maldives.

We thought democracy and human rights were here to stay simply because we had free elections and a new constitution. We were wrong. No country in the world has a perfect democracy. It takes constant effort. For that, we need strong institutions, an independent judiciary, good laws, and an active and vigilant civil society.

And we need the assistance of our partners to build these essential blocks of our country.

The flame of liberty and hope that once burned brightly has quickly dimmed to nothing more than a few embers. On the 7th of September we once again have the opportunity to rekindle this flame by having an elected government with a legitimate mandate from the people.

We need your assistance to ensure that these elections are free and fair, and that there will be a peaceful transfer of power once again to whomever emerges successful at the polls.
We urge you to be vigilant and welcome your engagement during this crucial time, as we in the Maldives, once again, find ourselves at the cross roads of history.

Five years ago we pledged to take our citizens to Another Maldives where they would enjoy freedom, prosperity and dignity. That journey was brutally cut short, but not before we delivered on important reforms domestically, and established ourselves as a responsible and globally connected nation.

We have been tortured. We have been beaten up. We have been threatened.
Yet, we continue to seek strength from one another.

Our strength has always been the people of the Maldives.

Our hope lies with the people.

Today, as we renew that promise, I am confident that brighter days are once again around the corner.

It has given me great pleasure to spend this time with you here today and share with you the foreign policy priorities of a re-elected MDP government.

Thank you very much.

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Former President Nasheed submits candidacy for 2013 Presidential Elections

Former President Nasheed has filed his candidacy papers with the Elections Commission to contest September’s Presidential election.

“As mandated by the Election Commission, President Nasheed sought and received clearance from the country’s judicial courts and other state institutions prior to submitting his candidature as the Maldivian Democratic Party’s Presidential candidate,” said the MDP in a statement.

A large group of MDP supporters and party leaders accompanied the former President to the commission to submit the papers.

Nasheed and the MDP maintain the former president was compelled to resign during a police and military mutiny on February 7, 2012. His successor and former vice-president, Dr Mohamed Waheed, maintain the succession was legitimate.

“Today we submitted the election forms and begin the task of restoring democracy to our country. It has been a slippery slope but we have come a long way. Despite all the barriers and hurdles that were put in our way, we never gave up. Undoubtedly because of the resilience of the people of the Maldives, we are confident of winning this election in the first round with a handsome majority,” Nasheed declared.

Following February 7’s controversial transfer of power, the former President was charged over his detention of Chief Criminal Court Judge Abdulla Mohamed, after parliament and the Judicial Services Commission (JSC) failed to taken action over its extensive list of allegation against the judge.

Nasheed and the MDP dismissed the charges as a politically-motivated attempt to convict and obstruct Nasheed from contesting the presidential elections, pointing to the presence of political opponents on the JSC, including a rival presidential candidate, which had created both the court hearing the charges and appointed the panel of judges hearing the case.

The international community reacted with calls for the presidential election to be “free, fair and inclusive”, and concerns over the state of the judiciary were echoed in a special report by UN Special Rapporteur Gabriela Knaul.

The Nasheed trial subsequently stalled at the high court level, after Chief Judge of the High Court Ahmed Shareef issued an injunction. A day later the JSC suspended Shareef for what it claimed was an unrelated matter. He is currently contesting his suspension in court.

In his statement today, Nasheed stated that he had “received clearance from the courts and other state institutions” prior to submitting his candidature to the Elections Commission.

The Elections Commission has said it will formally announce accepted candidates 48 hours after receiving submissions.

At a press conference in Male, Nasheed thanked his supporters for ensuring he would be allowed to contest the election, and expressed gratitude to both his legal team and international actors. He also thanked reporters for their coverage of the MDP’s activities since the transfer of power in February 2012.

During the press conference Nasheed noted the current rapid political realignments taking place, such as the defection of the Adhaalath Party from President Waheed’s coalition to Gasim Ibrahim’s Jumhoree Party and Waheed’s decision to run as an independent candidate.

Following Nasheed’s press conference Waheed’s remaining coalition partner, the Dhivehi Qaumee Party (DQP), followed suit.

Also observing that several senior members of the Progressive Party of the Maldives (PPM) had left the party, Nasheed invited the defectors to join the MDP.

Asked by reporters as to whether he was concerned about election rigging, Nasheed did not discount the possibility but said he believed that “the election will be free and fair after the voter list is properly finalised and observers, monitors and agents are able to participate.”

“When the tide has turned it becomes very difficult for anyone to swim against it,” Nasheed said.

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‘Real’ Maldives “tarnished by gang violence, drug addiction, unemployment, political corruption, religious extremism”: The National

Ahmed fears for the life of the Maldives’ first democratically elected president and well-known environmental campaigner, who is now fighting for re-election a year after a violent uprising forced him from power. And Ahmed should know – he says he was once offered the contract to carry out his assassination, writes Eric Randolph for the UAE’s publication The National.

Picture the Maldives, and you’re probably imagining crystalline waters and perfectly groomed white beaches. Yet outside the five-star resorts, real life is very different and the image of an idyllic paradise has been tarnished by the growing problems of gang violence, drug addiction, unemployment, political corruption and religious extremism.

Having been one of the most notorious members of one of the country’s most feared gangs, Ahmed (not his real name) knows this side of the Maldives all too well. We meet in the cramped one-bedroom “apartment” he shares with his parents and two siblings. Apartment is a stretch – it’s a small room down a dingy ground-floor corridor, walls painted a lurid green, with an extended bunk bed that somehow accommodates all five of them and takes up most of the space.

In 2006, a leading politician allegedly offered Ahmed a contract to kill “or severely injure” Mohamed Nasheed, the man who was trying to bring down the 30-year authoritarian rule of Maumoon Gayoom. Local politicians and elites had been using the gangs to run their drug and alcohol operations on the streets for several years by this point. Street fights over territory and girls were leading to nine or 10 deaths a year.

Ahmed won’t talk about the violence in his past, though at one stage he draws me a picture of the knives he used to carry at all times (guns, mercifully, have yet to make it to Maldives). “This is my favourite,” he says, pointing at a serrated blade that looks like a Christmas tree in his sketch.

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Maldives turning into ‘terrorist haven’: Eurasia Review

A Nasheed government would “need external assistance to keep this strategic island nation out of the hands of Islamic extremism Wahabism and Salafism,” writes Bhaskar Roy for the Eurasia Review.

“It is known that an increasing number of youths are going to Saudi Arabia and Pakistan to study in Madrassas, which impart extreme religious education and encourage jihad.

“Finances are also coming in from Saudi, Kuwaiti and other NGOs. This happened in Bangladesh in the 1990s and early 2000, leading to a burst of Islamic terrorism, which continues to haunt the country.

“A new group called the Hifazat-e-Islam, Bangladesh (HIB) recently tried to hold the government hostage, demanding Sharia Law. The Hifazat had backing from the Jamaat-e-Islami (JEI) and the main opposition party. But the government in Bangladesh was strong enough to put down the challenge. This is not over, however.

“What kind of chance do the moderates in Maldives have when the Wahabis and Salafis launch their siege? In Maldives, the women and girls are increasingly taking to burkha/hijab in fear of retribution. With bans on anything remotely seen as un-Islamic, there is no breathing space or food for the mind. The Maldives is a country of around 1,200 islands, reefs and atolls, with barely 400 of them inhabitated. Around 30 per-cent of the country’s foreign exchange comes from tourism. The tourism industry is under attack with alcohol being prohibited in most places, extending gradually to tourist resorts. When dress codes are extended to tourist resorts, this industry will die.

“The strength of religious extremist groups lies in keeping the people poor, uneducated and unenlightened. Men from such backgrounds easily become soldiers of religious jihad as is seen in Pakistan, for example.

“The Maldives, under the current disposition, has all the potential to become a sanctuary for jihadists. If Waheed wins the elections later this year, India will become one of the jihadi targets. People in Maldives have links with the Al Qaeda and Pakistani organisations, like the LeT. Islamic extremism today is no longer handled by individual organisations. They have become an industry with organisations supporting each other. Lone-wolf terrorism that was recently witnessed in UK and France is a new challenge.

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Island politics: on the MDP campaign trail

This article was first published on DhivehiSitee. Republished with permission.

Only 102 days left until the presidential elections. Four candidates are in the running – Mohamed Nasheed of the Maldivian Democratic Party (MDP); Abdulla Yameen of the Progressive Party of Maldives (PPM); incumbent Mohamed Waheed Hassan Manik (of no party); and Gasim Ibrahim of the Jumhoree Party.

There are a record number of eligible voters to persuade: 240,302, to be exact, including over 30,000 additional voters since the first ever democratic elections in 2008.

There is little time left, and much to play for. None of the parties have officially launched their campaigns yet but several candidates – incumbent Mohamed Waheed and tourism tycoon Gasim Ibrahim, most notably – have been travelling the country ahead of the official campaign. The MDP, however, is the only party so far with a clear manifesto, a campaign strategy, and an open-door policy towards the media.

MDP’s initial plan was to take in all atolls in the country in what was called the Vaudhuge Dhathuru (Journey of Promise). March and April were turbulent times with the ‘Opposition Coalition’ doggedly pursuing the aim of putting Nasheed behind bars.

Vaudhuge Dhathuru was suspended, and in its place emerged Dheythin Fahethi (Five From Three) – mostly weekend visits scheduled around the erratic court orders to arrest Nasheed. The move of DRP MP Speaker Abdulla Shahidh to MDP in April, despite his role in the events of 7 February, gave MDP’s travels across the country a new boost and a new name: Eh Burun (In One Round).

In fact, MDP’s elections campaign began unofficially almost as soon it became clear it was the only option left for restoring democracy after the authoritarian reversal of 7 February. In December 2011 came its nationwide Door to Door strategy. Initially conceived of as arecruitment campaign to get ‘every existing member to recruit one more member’, it has now become one of the MDP campaign’s chief strategies.

It has also been a highly rewarding exercise for the party, with 125,000 people already indicating it will vote MDP in September. The pledged 125,000 votes are ‘no folklore’, the MDP has said. They are votes that members have actually pledged during its Door to Door visits to tens of thousands of households.

In a country yet to be introduced to the science of polling or ways to measure approval ratings of candidates, the Door to Door strategy has provided MDP with a wealth of information about potential voters. Currently there are almost a 1000 volunteers across the country, visiting households in every island of every atoll and every area in Male’, discussing MDP manifesto, individual policies, and gauging people’s political attitudes, affiliations and needs.

According to the official party line, this is also the information on which MDP has based the four main policy pledges it has made: the beginning of an agri-business; guesthouses in inhabited islands putting tourism industry wealth within reach of all locals for the first time; mariculture business; and the empowered worker initiative.

Part of MDP’s strategy has been to make each policy launch a colourful event hosted at a different island each time. All atolls participate by releasing it simultaneously in their areas. Each policy is presented in attractive packaging depicting utopian visions of MDP’s ‘Other Maldives’ full of industrious shiny happy people.

Only one atoll, Meemu, remains on Nasheed’s list of atolls to tick-off as having visited since the unofficial campaign began. Nasheed keeps a gruelling schedule, out in the atolls on average 15 days a month, three islands each day, 45 islands each month.

I joined Nasheed’s trip to Haa Alif and Haa Dhaal from 19-21 May to launch MDP’s Agri-Business policy as part of the accompanying media. Continue reading for a behind the scenes, island-by-island (page by page) look at Nasheed’s trips to Hanimaadhoo, Kulhudhuffushi, Kelaa, Filladhoo and Baarah.

Hanimaadhoo

We arrive at Hanimaadho International Airport around 8:30am. The Maldives is experiencing seasonal rains, made especially heavy by a typhoon in the Bay of Bengal. Still, this Saturday morning, the 18 of May, the rain keeps away. The sun is watery, saturating the islands with a softer light than normal. After a night of rain, the lush green vegetation all around looks and smells freshly washed. The sea, just behind the airport’s little coffee shop, is a calm, quiet blue.

After breakfast under a Nika tree with branches that spread wide, we are driven to, Faalsaage, a guesthouse run by Dhonthu (Ibrahim Abu Bakuru) and his wife Ameena, a Male’ couple in their sixties.

Ameena and Dhonthu are typical of a group of core MDP members and activists willing to spend all their available time and energy on securing a win for the party. Dhonthu and Ameena travelled to Hanimaadho the day before Nasheed so they could prepare the guesthouse for the campaign team. MDP bears the cost of renting the rooms and feeding its team, but the rest of what is involved in ensuring the team has a place to call a base during their time in Hanimaadhoo is all effort Ameena and Dhonthu expends willingly, without charge, for the party’s success.

The presence of such people across various atolls of the country, and the successful and strategic exploitation of that rich resource, has emerged as one of the MDP campaign’s core strengths.

At Ameena and Dhonthu’s place there are about a dozen or so men busy festooning the house and its neighbour opposite with yellow MDP flags.

A woman wearing a hijab with only her eyes uncovered is standing under a palm-umbrella weaving a frangipani garland to present Nasheed with. Some men are trying to set up a temporary shelter of sea-blue canvas to provide shade during lunch.

Nasheed is due to arrive in about two hours, and there’s a feast being prepared here and in several kitchens across the island. Ameena is in charge of gathering it all in one place and serving it up. About twenty or so women have volunteered to cook – the plan is to prepare the dishes at home in their own time, and bring them over to Ameena’s for lunch.

As far as the official business of the campaign goes, Shifa Mohamed, Minister of Education in Nasheed’s cabinet, is in charge. The MDP campaign has divided the atolls into seven regions, with one designated head in charge of co-ordinating all efforts in a deignated region. Shifa is the head of the Northern Provices, and area containing the atolls of Haa Alif, Haa Dhaal and Shaviyani.

It is very easy to take to Shifa. She works without pretensions or fuss, and has an easy way with people. Having spent several weeks visiting houses in the area and co-ordinating Door to Door, ‘Shifa Madam’ is familiar to the people. On several occasions, women open up to her, voluntarily speaking of family woes and social troubles without reservation. Shifa is a good listener.

In the garden of Faalsaage, a wheelbarrow full of coconuts appears. One of the men shaves and cut the tips off the young kurumba to serve as a welcome drink when Nasheed and his team arrive. A woman sits at the corner of a table in the garden, frangipani garland in hand. She will be the one putting it around Nasheed’s neck when he comes.

To her right is another smaller table on which now stands a cake. ‘Happy Birthday, our hero,’ says the green and yellow cake. Two women stand near, swatting away flies with the intention of landing on their creation. One of the women is the same one in a hijab I noticed earlier.

“It was Nasheed’s birthday yesterday,” she tells me. There is excitement in her eyes, the only part of her I can see.

“He is our hero,” she repeats what they have already said in confectionary. With only eyes as a guide, I guess her to be anywhere between fifty and sixty years of age. A group of women collected MVR 20 (US$1.30) each, bought the ingredients, baked and decorated the cake, she tells me.

By noon, the steady trickle of women turn into a stream. Having cooked and delivered the food, all the women have returned in their best dresses to greet Nasheed. Almost all are wearing black from head to toe.

It is an astounding change from about a decade ago, when any gathering of Maldivian women would have brought together every colour of fabric under the sun. Today, the only relief from the monotone of black are bolts of canary yellow—women accessorising with yellow burugaas or children dressed in yellow.

When Nasheed arrives there’s close to a hundred women at the guesthouse. There are also about half that amount of men.

Nasheed shakes hands with them all, chats to people over his drink of fresh coconut, cuts the cake to the obvious delight of the women, and disappears upstairs with Shifa, a group of councillors and Hanimaadhoo’s resident campaign team. They will discuss the area’s Door to Door strategies.

Lunch is the feast that it promised to be. There is garudhiya, kulhimas, roshi, all sorts of mas-huni, faiy riha…a whole range of Maldivian dishes that taste as delightful as only island-home-cooked Maldivian dishes can taste.

As Nasheed rests, prays and strategises, I spend the time chatting to some women who still linger. They are waiting to say goodbye when Nasheed leaves for Kulhudhuffushi in a short while.

It is easy to chat with the women. Despite their attire, and the appearance of conservative religiosity, the women were as mischievous and their banter as full of flirtatious double-meanings as women in the region were famed for before Islamists began exercising control over the conduct of their daily lives and faith.

I learn from the women that this part of the island, closer to the airport, is where the people of Hon’daidhoo settled when they were relocated after the 2004 Tsunami wrecked their island. ‘The indigenous people of Hanimaadhoo live over on the other side,’ one of the women tell me.

Most of them, says Mariyam Nazima (35), are also on ‘the other side’ politically—that being supporters of PPM and Gayoom loyalists.

The women are eager to gossip. They tell me Waheed and Ilham have a holiday home on Hanimaadhoo and visited recently. ‘Waheed made it seem like he’s from the island,’ Nazima laughs. ‘But we knew they got land during an earlier decentralisation plan.”

I ask why they like Nasheed. “He’s like one of us. He treats us like equals,” she says. Other women on the jolis beside us agree. “He visits all the houses, rich and poor alike.”

On all islands that I visit with the MDP campaign team, this is what supporters point to as the reason they like Nasheed most: ‘he is one of us’.

Kulhudhuffushi

We arrive in Kulhudhuffushi at about 3:30pm in the afternoon by speedboat from Hanimaadhoo. People line the harbour area to welcome Nasheed. Here there are more men than there were in Hanimaadhoo, but the women still out number them by far. Nasheed will launch the Agri-Business policy at the school hall in Kulhudhuffushi in about half an hour. Close to 200 people attend.

The MDP’s Agri-Viyafari policy is ambitious. The plan is for the government to lease plots of land on various inhabited islands in each atoll, along with equipment, seeds, fertilisers and labourers to anyone interested in setting up a farm. The government will operate a mobile shop, a vessel called Fresh-Isles, which will be perpetually travelling to the islands and buying their produce.

“This way, all farmers will always be guaranteed a market,” Nasheed pledges.

Transporting local products to Male’ and other relatively large markets from their own islands is one of the biggest problems Maldivian farmers encounter today, Nasheed says.

This is a week in which such statements hit home. Newspapers are full of reports lamenting hundreds of thousands of lovely ripe mangoes from Fuammulaku that went rotten for lack of transport in the unusually rough weather. MDP’s AgriBusiness policy means a reduction in such losses.

“Farming should put Rufiya in the pocket, not just food on the table. It’s not about having enough muran’ga leaves to put in your omelette in the morning.” Over the course of the trip Nasheed warms to the muran’ga analogy and repeats it on different islands.

Currently the Maldives imports MVR 245 million (US$18.8 million) worth of agricultural products a year. AgriBusiness aims to slash the amount down to MVR 108 million (US$7 million), Nasheed tells Kulhudhuffushi.

“If we are going to reduce the amount of products we import, then we must increase the duty for those products” ensuring an attractive price for local products.

With plots of land, seeds, equipment and labour readily available for farmers to hire from the government, Nasheed says the AgriBusiness policy would increase national productivity by 1.7 percent. MDP will ensure the creation of at least a thousand agricultural experts in the country and will create 2500 new jobs for implementation of the policy alone.

Nasheed tells the people of Kulhudhuffushi that his government would have the farms and markets up and running within two and a half years. What MDP wants, Nasheed says, is the empowerment of people through their own industry, in public-private partnerships that opens up the country to the globalised market place, and puts money in all local pockets.

As Nasheed’s campaign has progressed, the gist of his speeches at policy launches has been this: Maldivians deserve better than their current hand-to-mouth existence. If people only stop to think about it, the Maldives has rich resources that can make the entire society wealthy rather than a handful of individuals filthy rich. People must reject habits of patronage ingrained in the ‘Maumoonism’ of the last 30-years and vote for an MDP government to, instead, work for a better life for themselves.

Agri-Business offers attractive prospects, and Nasheed is on top form in Kulhudhuffushi, bristling with energy and enthusiasm. Yet, the reaction among the crowd is somewhat muted. Nobody asks any questions when he opens up the floor. There’s applause at some points during the speech, but there is very little spontaneity among the audience.

“Kulhudhuffushi is always a difficult island. People are peculiar,” a campaign team member observes later, when I ask about the muted reaction. What ‘peculiar’ means is not defined by any of the several people who gives me the same response about the people of Kulhudhuffushi—‘eiee varah faadegge baeh’ [they are a very peculiar people].

A more likely explanation is the turbulent politics in the island’s recent history. On 8 February, when the police cracked-down brutally on MDP supporters in Male’, Kulhudhuffushi is one of several islands where people reacted with violence. There was an arson attack on the police station, and a further two incidents of unrest since. When Nasheed visited the island on 27 February 2012, tensions between MDP and PPM supporters broke out into direct confrontations.

At the moment, 28 MDP members (including two councillors) from the island currently stand accused of various charges ranging from terrorism to obstruction of justice. Eleven hearings were held on May 19, the day after Nasheed visited Kulhudhuffushi.

Kelaa

Kelaa is stunningly beautiful. It has long wide roads lined with lush vegetation, and beautiful houses on large plots of land with lovingly tended gardens rich with tropical flowers and fruits. There are several hundred more people gathered at the harbour as the sun sets to welcome Nasheed to Kelaa. The Kelaa crowd is the biggest, and the most unreservedly welcoming so far. In what I can identify as a pattern at this stage, men out-number women. Here, the gender gap is much smaller, though.

In Kelaa, there’s dinner, followed by a campaign speech by Nasheed at the main school hall at 9:30 pm. This rally is apart of Eh Burun (In One Round) segment of Nasheed’s campaign.

There’s excitement in the air. Kelaa supporters of MDP are enthusiastic and passionate about winning the elections. The councillor, Haulath Mahira, is on fire. She loudly denounces policies of the previous government, condemns the February 7 coup, and rallies the crowd to vote for Nasheed.

“We must not let ourselves be dragged back to those days,” she screams into the microphone. The crowd erupts into applause.

Kelaa welcomes the Agri-Business policy with loud hoots, cheers and claps. They are enthusiastic about the prospects and the potential it has for making their farming businesses more successful. The people of Kelaa are already committed farmers.

“We’ll buy everything. Everything,” Nasheed tells them to loud applause. He argues for public-private ownerships that opens the island up to numerous opportunities in the globalised world. Like in Kulhudhuffushi, he talks about forming partnerships with fast developing countries in the region and the rest of the world, and argues against protective nationalism and isolationism.

“We have been too hung up on ownership. Whether our partner in business is foreign or not, Kelaa will always belong to the people of Kelaa.”

Nasheed’s supporters lap up his digs at the opposition’s isolationist approach that has alienated several foreign investors during the last year. This is what the opposition media coverage of Nasheed’s campaign focuses on the next day.

There’s bon’dibaiy after the hugely invigorating rally. I notice a woman wearing a yellowburugaa that has Maldivian Democratic Party printed on it. I wonder if it is unique, this new Maldivian habit of making their Islamic headgear also a political statement.

One woman from Filladhoo told me that there is a brigade of women on the island who support anyone but Nasheed. They change the colour of their burugaa according to party colours of whichever non-Nasheed candidate is visiting the island. Blue for Thasmeen, Pink for Gayoom Yameen, and so on. Talk about a mish-mesh of religion and politics.

We are leaving after breakfast, scheduled for 8:30am. I wake up early and use the time to catch up with an old Kelaa friend, a 44-year-old mother of four, and explore the island a bit. Kelaa is clearly more prosperous than other islands in the atoll.

The houses are large, well-built and modern. Several, however, are empty. Many families are forced to leave their life on the island for Male’ once their children near the end of their secondary school years.

“If we stay, what will happen to my daughter?” Shadiya asks me.

Shadiya, in her forties, lives in a beautiful house, painted completely yellow and boasting all mod-cons of modern luxury with her two daughters. Her husband works on a resort island near Male’, and can only visit occasionally.

Their older daughter is sitting GCE O’Level exams this year. “I want her to get an education, so we must go.” Reluctant to send their children to Male’ on their own for higher eduction, all parents who can afford it leave their comfortable houses for a cramped and difficult life in the city so their children can get the education necessary for university.

It is a sad sight to see, all the lovely houses in Kelaa standing empty and lifeless.

Along the way, we meet my friend’s 8 year-old mother-in-law. She is hobbling slowly with the help of a walking stick. Her mood seems despondent.

“I wanted to go to the harbour to greet Nasheed, but my bad knees won’t let me walk that far,” she explains. “I don’t know if I will live long enough to see him again.”

I have run into an elderly fan of Nasheed. Over the course of the day, I run into many more. Over 65s, I find out, are one of Nasheed’s core support groups.

Breakfast is at the Kelaa MDP Haruge. Yet another feast of Maldivian food prepared by women supporters who had stayed up the night to ensure everything on their candidate’s plate this morning is fresh. There is roshimashunikulhimas, sweet black tea and various kinds of curry. About twenty women are busy serving, exchanging easy banter, and glowing from the excitement of meeting Nasheed. “He is one of us,” they tell me.

Perhaps this excitement and adoration that Nasheed seems to evoke in his supporters is what incites the opposition’s frequent accusation that MDP is a cult led by Nasheed.

Filladhoo

Filladhoo is a small island with a population just over a thousand. On arrival, like on other islands, there’s coconuts waiting, and the news that forty people had signed for MDP overnight. Twelve of them were waiting to sign their membership forms in front of Nasheed.

Later he holds a policy meeting in the cramped living room of a small house—unlike Kelaa or Hanimaadhoo, there is no dedicated campaign headquarters for the team on this less well-off island.

Just as in Hanimaadhoo, here too, Nasheed’s voice carries loud and clear outside the room onto the street where we wait. The first stop in the door-to-door round of the afternoon is a house owned by an MDP family like Ameena and Dhonthu’s.

The woman of the house, Shaheedha Ismail, 50, has prepared a snack of aveli [an old Maldivian dish] for the team. Nasheed takes gamely to mixing the aveli and chatting to MDP members Shaheedha has invited to join.

One wall of the entire living room is filled with pictures of Shaheedha’s seven children at their respective weddings. Shaheedha, too, is an ardent fan of Nasheed and makes it a point to tell me that she always opens her doors for any activity that will benefit the party.

Why does she like Nasheed so much? “I want someone who lives like us,” Shaheedha says. “He has been very good to my parents.”

During the door to door visits, Nasheed catches up on the fate of a sick child, listens with concern to a woman’s worries about the treatment of her child at school, and is delighted to meet a woman cutting muran’ga leaves.

“This is a picture I want,” Nasheed says. “This is what I have been talking about – when our Agri-Business policy gets going, farming won’t be just about having enough muran’ga to put in your omelette.” There’s childish glee on his face to have come across what he sees as the actualisation of a picture he had earlier created with his words.

In one house Shifa listens to a woman tell her about a 35-year-old daughter with special needs that the State refuses to recognise as being in need of state benefits.

I learn that Filladhoo has been without a doctor, or even a community health worker for over three months. “The Health Ministry says it will send a doctor when it can,” she tells me. There is no knowing when that will be.

What happens in case of emergency?

One of the MDP volunteers tells me there were two emergencies in the last month – a school boy broke his arm and a man fell off a coconut tree breaking his leg. Both had to be taken to Kulhudhuffushi, all costs born by the patients and their families.

Previously, the people of Filladhoo could take a ferry to the island of Dhiddhoo for Rf20. Dhiddhoo has a hospital. But the ferries have been discontinued since the coup and anyone in Filladhoo unfortunate enough to suffer an illness or injury must hire a Dhoni for over 2000 Rufiyaa to take them to Kulhudhuffushi.

“Filladhoo’s pregnant women now travel to Kulhudhuffushi in their eighth month – with no doctor on the island, none of the women want to risk labour complications. Most have to stay in rented accommodation, accumulating huge expenses families find hard to bear”.

On the road back to the jetty, we meet a woman well in her eighties who cannot recall her exact age.

She is out on the street, holding her daughter’s hand to steady herself, on the off-chance of running into Nasheed. Nasheed chats to her easily, and tries to calculate her age from her earliest memories. She remembers Hassan Fareed very clearly, she says. Nasheed calculates her age to be roughly around eighty-five.

He’s still muttering about Hassan Fareed when he runs into another woman of about the same age. She, too, is lingering on a side street on the off-chance of running into Nasheed.

Before we get to the jetty, we meet a third woman in the same age group, waiting in a lane-way, alone.

“She has a tough time, that Dhaththa [older sister, generic term used for older women],” an MDP councillor explained. Her children do not want her supporting Nasheed.

Intimidation by children who do not want their elderly parents to support MDP or vote for Nasheed is a trend common to several of the islands. The women I talked to in Hanimaadhoo recounted several such stories, as did the ones in Filladhoo.

Some grown-up children, I learn, also confiscate their parents’ ID cards and bank cards, keeping the parent a virtual prisoner both politically and financially.

Baarah

The island of Baarah is shaped like a C, with the jetty right at the centre. On both sides is turquoise blue sea and a long white strip of beach lined with tall coconut palms and other large tropical trees. It is the island where national hero Boduthakurufaanu met his wife, and the island of Ramlah, the winner of the first Maldivian beauty pageant held back in the glory days of Mohamed Amin Didi.

Lunch is at a small restaurant attached to a house which opened its doors for MDP on Baarah. There is the usual splendid array of Maldivian food—rihaakuru garudhiyabambukeyo lee baiy,lonu mirus, even kan’doo from the kulhi with fresh grated coconut and grilled reef fish.

Over a dozen women move in and out of the restaurant area. Like on other islands, they have pooled their efforts to cook up the feast.

The men of Baarah are also surprisingly hands-on in serving food and overseeing lunch. We meet a most interesting man as we linger over the meal. Moosa Bey (Moosa Ibrahim) is a 75-year-old man who bursts into loud uncontrollable tears suddenly and without warning.

“I have a very big and very soft heart,” he tells us before beginning to cry loudly. It takes a few of us media people a good half hour of trying to console Moosa Bey to realise what the whole island already knows: Moosa Bey likes to act.

Still, he is a very likeable man, and we visit his house to meet his wife Faathuma. En route, he flirts  with the twenty-something year old volunteer who joined us from Kulhudhuffushi. He wants his picture taken with her.

Moosa Bey proudly claims that his house, almost complete now, is being built with the MVR 2000 (US$129) benefit for the elderly that he and his wife receives from the government every month. Moosa Bey’s house is modest, and there is no furniture just yet.

Walking around, I notice people here are even more polarised than on all the other islands we have been to. Non-MDP supporters are openly hostile, even to us ‘media people’ walking around with neither Nasheed nor any member of the MDP campaign team anywhere in sight. They refuse to smile or greet us, choosing instead to look on glumly, staring daggers.

It is sad to see traditional Maldivian hospitality vanishing in the strong emotions of partisan politics. I meet a twenty-something year old woman who is not an MDP supporter but is willing to talk. Only because she has a friend among the media.

I learn that on Baarah the PPM and/or ‘opposition coalition’ supporters are more forceful in intimidating MDP supporters than the men I heard about on other islands. “MDP members hired a woman’s Bodu Beru group to welcome Nasheed.

The group is composed mostly of members of DRP and supporters of Gayoom. The women were willing to play for money, though, Nasheed or not. But the men intimidated them into pulling out at the last minute. “They were going around making all kinds of threats,” she tells me.

It is around 4:00 p.m now and the trip is coming to an end. Nasheed leaves for Male’ at 7:30 pm and we need to be in Hanimaadhoo airport by 5:00. At the jetty, a fishing boat has docked. Women gather to buy the catch. One by one, they come back with varying amounts of fresh fish which they will cook at nightfall.

Nasheed will leave for Noonu Atoll tomorrow.

Dr Azra Naseem has a PhD in international relations

For more photos of the trip, visit Dhivehi Sitee Facebook Page

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A justice system in crisis: UN Special Rapporteur’s report

UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, has expressed “deep concern” over the failure of the judicial system to address “serious violations of human rights” during the Maldives’ 30 year dictatorship, warning of “more instability and unrest” should this continue to be neglected.

“It is indeed difficult to understand why one former President is being tried for an act he took outside of his prerogative, while another has not had to answer for any of the alleged human rights violations documented over the years,” wrote Knaul, in her final report to the UN Human Rights Council following her Maldives mission in February 2013.

The report is a comprehensive overview of the state of the Maldivian judiciary and its watchdog body, the Judicial Services Commission (JSC). Knaul examines the judiciary’s handling of the trial of former President Nasheed, the controversial reappointment of unqualified judges in 2010, and the politicisation of the JSC.

Knaul also examines parliament’s failure to pass critical pieces of legislation needed for the proper functioning of the judiciary and “legal certainty”, as well as raises serious concerns about an impending budget catastrophe facing the judicial system.

“The immediate implications of the budget cuts on the judiciary are appalling. For instance, the Department of Judicial Administration only has funds to pay staff salaries until November 2013 and it had to cancel training this year,” Knaul notes.

“The Civil Court reported that it would not have sufficient funds to pay its staff salaries after October 2013; furthermore, existing budgetary resources would not be sufficient to pay for utilities and facilities after June 2013,” she adds.

The Nasheed trial

Former President Mohamed Nasheed is currently facing criminal charges in the Hulhumale’ Magistrate Court for his detention of the Criminal Court’s Chief Judge, Abdulla Mohamed, days prior to the controversial transfer of power in February 2012.

“Judge Abdulla had allegedly shielded a number of powerful politicians in corruption cases by refusing to issue orders to investigate, and many complaints had been made regarding his conduct and supposed lack of ethics,” Knaul outlined.

“The Judicial Service Commission had completed an investigation on him in November 2011, holding him guilty of misconduct. This decision was appealed to the Civil Court, which ordered that the Judicial Service Commission’s complaint procedure be suspended.

“Although the Commission appealed the Civil Court’s ruling, Judge Abdulla was allowed to continue in his functions,” she added.

The opposition Maldivian Democratic Party (MDP) maintain the case against Nasheed is a politically-motivated attempt to convict and bar him from the September 7 presidential elections, while the new government has emphasised the judiciary’s independence and insisted on its policy of non-interference.

Following Knaul’s visit and her departure statement, several members of the JSC have also challenged the commission’s creation of the Hulhumale’ Court, and its appointment of the bench. The commission includes several of Nasheed’s direct political rivals, including a rival presidential candidate, resort tycoon, Jumhoree Party (JP) Leader and MP Gasim Ibrahim.

“The trial of the former President raises serious concerns regarding the fairness of proceedings,” Knaul notes, questioning the constitutionality of the Hulhumale’ Court and the appointment of the three-member panel of judges, “which seems to have been set up in an arbitrary manner, without following procedures set by law.”

“According to the law, the Prosecutor General’s office should have filed the case of Mr Nasheed with the Criminal Court. While the concerns of the Prosecutor General’s office regarding the evident conflict of interests in this case are understandable, since Judge Abdulla sits in this court, it is not for the Prosecutor to decide if a judge is impartial or not,” stated Knaul.

“The Prosecutor should act according to the law when filing a case, as it is the duty of judges to recuse themselves if they cannot be impartial in a particular case,” she explained.

“All allegations of unfair trial and lack of due process in Mr Nasheed’s case need to be promptly investigated, including the claims that the trial is being sped up to prevent Mr Nasheed’s participation in the 2013 elections,” she added.

Knaul noted a decision by the Supreme Court to declare the Hulhumale’ Magistrate Court as legitimate after the Commission filed a case with it in 2012.

“The Special Rapporteur was informed that the judge of the Supreme Court who cast the deciding vote in this case also sits as a member of the Judicial Services Commission, whose decision to establish the Hulhumalé court as a magistrates court was under review,” the report noted.

Politicisation of the JSC

Knaul observed that the JSC had a “complicated” relationship with the judiciary, given that the commission “considers that it has exclusive jurisdiction over all complaints against judges, including over criminal allegations, while the Prosecutor General understands that the criminal investigation agencies have the competence to investigate criminal conducts by anyone.”

Knaul underlined that “judges and magistrates, as well as other actors of the justice system, are criminally accountable for their actions. Criminal actions entail consequences and penalties that are different from those resulting from disciplinary or administrative investigations.”

The special rapporteur stated that there was near unanimous consensus during her visit that the composition of the JSC – which draws members from sources outside the judiciary, such as parliament, the civil service commission and others – was “inadequate and politicised”. This complaint was first highlighted in a report by the International Committee of Jurists (ICJ) in 2010.

“Because of this politicisation, the commission has allegedly been subjected to all sorts of external influence and has consequently been unable to function properly,” said Knaul.

State of the courts

Conflicts of interest and the resulting impact on judges’ impartiality was also a concern, noted Knaul.

“It seems that judges, and other actors of the State, do not want to fully acknowledge and understand this concept, leading to the dangerous perception from the public that the justice system is politicised and even corrupted,” she said.

Knaul also expressed “shock to hear that many members of the judiciary, including in the Supreme Court, hold memberships in political parties.”

The Supreme Court, she noted, has meanwhile been “deciding on the constitutionality of laws ex-officio, without following appropriate examination procedures, under the understanding that they are the supreme authority for the interpretation of the Constitution.”

The relationship between prosecutors and the judiciary was also difficult, Knaul noted, expressing “serious concern” that some courts “use the threat of contempt of court and disbarment to impose their decisions and superiority over prosecutors.”

“The lack of a centralised case-management system does not facilitate their tasks either. In some places, such as Addu City, one prosecutor covers four courts and is often called to different hearings at the same time,” she observed.

“Symbolic” reappointment of judges

Two months prior to the end of the constitution’s transitional period and the deadline for the appointment of new judges according to moral and professional criteria – article 285 – the interim Supreme Court informed President Nasheed “that all its members would permanently remain on the bench.”

This action, Knaul noted, had “no legal or constitutional basis.”

“The five judges who had been sitting on the transitional bench were appointed to the seven-member permanent bench, leaving many with the perception that the Supreme Court was appointed in a politicised manner,” she noted.

The rest of the courts followed suit several months later at the conclusion of the interim period, with the Commission “opting for interpreting article 285 of the Constitution in a rather symbolic way and [not scrutinising] judges’ qualifications thoroughly.”

“For instance,” Knaul noted, “not all criminal allegations pending against judges were investigated. This resulted in a seemingly rushed reappointment of all sitting judges but six, which in the opinion of many interlocutors corrupted the spirit of the constitutional transitional provision.”

While the 2008 Constitution had “completely overturned the structure of the judiciary”, at the conclusion of the JSC’s work on article 285, “the same people who were in place and in charge, conditioned under a system of patronage, remained in their positions.”

As a result, “many believe that some judges who are currently sitting lack the proper education and training […] A simple judicial certificate, obtained through part-time studies, is the only educational requirement to become a judge.”

Way forward

Knaul’s report contains four pages of recommendations for judicial reform, starting with a “constitutional review” of the composition of the Judicial Services Commission – the same conclusion reached by the ICJ in 2010.

“The Maldives finds itself at a difficult crossroad, where the democratic transition is being tested, while remnants of its authoritarian past are still hovering,” Knaul observed, stating that the power struggle she witnessed during her visit had “serious implications on the effective realisation of the rule of law in the Maldives.”

Among many other recommendations, Knaul called on the government to show “strong and nonpartisan leadership”, by pushing for “constructive dialogue aimed at establishing clear priorities for the country, the adoption of necessary core legislation, and policy measures to consolidate the democracy. Such leadership should be guided by the Maldives’ obligations under international human rights law, which provide for a sound and sustainable foundation for democracy.”

She also noted that “the delicate issue of accountability for past human rights violations also needs to be addressed.”

Read the full report

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Comment: Will Maldivians be allowed to choose their leader?

President Nasheed is poised to win the Maldives’ presidential elections on September 7, 2013. It has become increasingly obvious that the only way to prevent Nasheed’s return is to ensure his name stays off the ballot paper.

At the same time, the repeated exposure of the farce of the courts and the dishonesty and idiosyncrasy of the Judicial Service Commission (JSC) by open parliamentary committee sessions since the February 7, 2012 coup d’état, and the mounting evidence against the JSC in many international reports investigating the status of the Maldives’ judiciary and its transition, has made it increasingly difficult to convince the public or the international community that any decision to exclude Nasheed from the elections will be impartial.

With less than four months to the elections it is undeniable to all observers on the ground in the Maldives, including the skeptics, the political opponents and the grudge bearers who form the majority opposition to Nasheed, that he has won the hearts and minds of the Maldivian public. The colour yellow, symbolic of Nasheed’s Maldivian Democratic Party (MDP) undeniably brightens the islands despite the pink in the corridors of power.

Fifteen months since his forced resignation, the public has continued to rally around Nasheed who has come to be popularly known as the “elected president”. All signs today suggest Nasheed will win the upcoming September 7 elections in one round of voting. As the latest campaign slogan of Nasheed’s Maldivian Democratic Party (MDP) promisea, President Nasheed is set to appear a clear winner, in one round; #EhBurun. Nasheed himself predicts 150,000 votes to MDP.

The government parties, despite an outward show of confidence and ‘fighting spirit’, are in silent consensus that there is no formidable challenge to Nasheed from any of their named candidates. Nor is there a possibility of a fight unless the so called ‘unity government’ can agree to back a single candidate to challenge the MDP.

But that is out of the question given that there is no common ideology shared by the seven parties said to be part of the unity government. What the coalition leaders share in common are a desire for presidency, and a need to cover-up the coup they led and backed in an effort to expunge President Nasheed.

The sitting coup-appointed President, Dr Mohamed Waheed Hassan Manik, is today seen a front-runner among the opposition leaders, despite his Qaumee Ihthihaadh Party (GIP) not having the required 10,000 party membership, and his rise to office having little to do with any power or influence he held.

According to the latest published Election Commission records, dated March 10 2013, GIP has a total of 3930 registered members and 1101 forms pending. It is highly unlikely Dr Waheed will be able to double his party membership in the next few months.

Dr Waheed is backed by his Advisor Dr Hassan Saeed, the leader of the Dhivehi Qaumee Party (DQP), whose personal opinion of Dr Waheed is that he is “the most naïve and gullible amongst political leaders” -an opinion he revealed to a group of Maldivian students he entertained while in London to lobby with CMAG following the coup. A leaked audio recording  has Dr Saeed explaining the “unique coup” they pulled, and belittling Dr Waheed: “Honestly, he’s the dumbest of them all.”

Dr Hassan Saeed’s own party has had no say in the decision as the DQP leadership split between Dr Waheed and the majority party in the unity government, Gayoom’s Progressive Party of Maldives (PPM).

Deputy leader of the DQP, Dr Mohamed Jameel Ahmed, has switched to the PPM, adopted as the running mate and Vice President of Yameen Abdul Gayoom.

PPM’s interest, still, is control over the courts as signified by the selection of Dr Jameel, an old Justice Minister of Gayoom and the only one within the unity government who may be able to direct the sitting judges to Gayoom’s needs. Quite likely, DQP members will swing independent of both Dr Hassan Saeed and Dr Jameel.

Joining Dr Waheed is the religion-waving Sheikhs of the Adhaalath Party, whose use of the religion card has failed to win them any seats in parliament or council despite their capacity to rouse frenzied crowds in rallies denouncing “moderate Islam” as blasphemy.

Umar Naseer, who commanded the coup d’état of February 7 2012 according to his own testimony to the Commission of National Inquiry,  has declared support for Dr Waheed after his expulsion from PPM within weeks of losing the presidential primaries.

Umar was expelled as a disciplinary action after he accused Yameen Abdul Gayoom of not only vote rigging in the party primaries but of links with serious organised crime including gangs and the drug trade, during a post-primary rally for his supporters.

If Umar Naseer is to be believed, brother Yameen is quite the Don, and if anyone knows, Umar does, having been a lifetime loyalist of Gayoom until he was discarded. EC records show PPM to have 22,383 registered members and 1671 forms pending.

The Dhivehi Rayyithunge Party (DRP) has bravely stuck to its charter which decrees that the party president is the party’s presidential candidate despite internal discord and the eventual exit of DRP founder and appointed leader-for-life, Maumoon Abdul Gayoom.

What remained of DRP after Gayoom’s exit was left to party president, MP Ahmed Thasmeen Ali, who was Gayoom’s 2008 running mate, his one-time Home Minister, and the presidential candidate of DRP for 2013 per the party charter. The DRP has 21,411 registered members and 1147 forms pending after the split.

The DRP has however conceded defeat, backing out of elections to back Dr Waheed, in a move which may be deemed another silent coup. The party president is the presidential candidate only if the party chooses to contest in elections, and the DRP council has decided it is not in 2013.

Business Tycoon, Entrepreneur, Philanthropist, Educator, MP, the Honorary Dr Gasim Ibrahim’s Jumhooree Party (JP, Republican Party) declared himself a presidential candidate way before calls for early elections and the contested power transfer of February 7 2012, but has not yet found a coalition partner willing to back the JP.

Aside from the politicians, military leaders and police seniors share a common interest with candidates Dr Waheed, Yameen and Gasim to cover up the coup and their crimes. Judges too are neither free of influence, nor independent of politics. Having given into politics once, their interest will be to sit on to the bench they appropriated with a ceremonial oath and no due process, just as the sitting president did when he took office.

Given the current scenario, and the growing conviction that ousted president Mohamed Nasheed will return with a clear majority of the kind he never had in 2008, how far will the “friends of Dr Waheed” and those who backed the coup d’état go to ensure Nasheed’s name stays off the ballot paper? Whose interests would be served by eliminating him?

Aishath Velezinee (@Velezinee on twitter) is an independent democracy activist and writer. She was the Editor of Adduvas Weekly 2005-07 and served on the Maldives’ Judicial Service Commission (2009-11). She claims the Commission she sat on breached constitution in transition; and advocates for redress of Article 285, and a full overhaul of the judiciary as a necessary step for democracy consolidation.

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

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Maldives at “critical juncture” of democratic transition: UN Assistant Secretary General for Political Affairs

The Maldives is at a critical juncture in its democratic transition ahead of the elections in September, UN Assistant Secretary-General for Political Affairs Oscar Fernandez-Taranco has said at the conclusion of his three day visit to the country.

Calling for widespread political backing for “free, fair and non-violent elections”, Fernandez-Taranco “stressed that while respecting the Constitution, the credibility of the electoral process and acceptability of the results depends on whether all candidates wishing to participate in the the presidential elections are able to do so.”

He also recommended immediate investigation of allegations of police brutality and acts of intimidation holding the perpetrators to account, and called for the immediate strengthening of the Maldives Police Service, Police Integrity Commission, Judiciary, Judicial Services Commission, People’s Majlis, and Human Rights Commission.

In his statement, Fernandez-Taranco specifically referred to the initial findings of UN Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Knaul, who in February this year criticised the appointment of judges presiding over the case against former President Mohamed Nasheed, for his controversial arrest of Criminal Court Chief Judge Abdulla Mohamed in 2011.

“Being totally technical, it seems to me that the set-up, the appointment of judges to the case, has been set up in an arbitrary manner outside the parameters laid out in the laws,” Knaul said at the time.

Fernandez-Taranco called on the Maldives’ national and international partners “to contribute to the reform of the justice sector and the independence of the judiciary”, and emphasised “the importance of avoiding the instrumentalisation of judicial proceedings.”

Meanwhile, according to a statement from the President’s Office, Fernandez-Taranco “applauded President Waheed for his leadership techniques in restoring peace and stability following the change of power in February 2012.”

“Mr Taranco noted the tremendous strides made by the country towards embracing and institutionalisation of multi-party democratic governance,” the President’s Office stated.

“President Dr Mohamed Waheed Hassan Manik assured the United Nations of the government’s commitment, to create a stable and transparent environment conducive to dialogue and free and fair elections and to strengthen democratic reform and institutions in the Maldives,” the statement added.

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Nasheed contests JSC’s claim that Supreme Court ‘ruling’ and ‘counsel’ carry equal legal weight

The High Court has granted former President Mohamed Nasheed additional time to respond to procedural matters raised by the Judicial Services Commission (JSC) in the case submitted by his defense counsel, challenging the legitimacy of the three-member bench appointed by the JSC to his trial at the Hulhumale’ Magistrate Court.

The JSC, raising procedural issues, stated that the High Court does not have the jurisdiction to preside over the case submitted by the former president’s legal team.

Nasheed and his counsel stated several times during today’s hearing that the JSC’s procedural points were not completely clear.

The High Court judges panel gave Nasheed’s lawyers the opportunity to ask the JSC’s legal representation for clarifications, while posing additional questions regarding the same issue themselves.

They then stated that it was unclear why the JSC had asked for the counsel of the Supreme Court in deciding the composition of the bench, and the justification under which the JSC considered the Supreme Court’s counsel to be of the same legal weight as a ruling of the court.

In responding to the questions posed to them, the JSC revealed that the names of the magistrates they had sent to the Supreme Court for their counsel were not the names nominated by the Hulhumale Magistrate Court.

The High Court bench questioned JSC if there it is a procedure in place which allows the assignment of judges for specific cases.

The JSC responded that there were certain circumstances in which judges can be assigned for specific cases, adding that the commission had done so previously in certain cases.

The bench further asked the JSC several times as to whether they considered the Supreme Court’s ‘counsel’ a ‘ruling’. The JSC’s legal team confirmed that they did.

The JSC’s legal representation stated that the Hulhumale’ Court Bench had been established under the counsel of the Supreme Court, and that this held the weight of a Supreme Court ruling.

Nasheed’s legal team contested this, stating that ‘counsel’ and a ‘ruling’ of the Supreme Court cannot be considered to hold the same strength.

Upon receiving answers for some of the questions posed, Nasheed’s lawyers requested for more time to prepare a response, which the bench granted.

In concluding the hearing, the High Court judge’s bench stated that the next hearing of the case would be arranged in the near future, at which Nasheed’s legal team is expected to respond to the procedural matters raised by JSC.

The bench added that in an additional hearing which will be held closely following the next one, the High Court will reveal its ruling on the same matters.

JSC’s request to expedite case

In April, the JSC sent a letter to the High Court requesting that the case be expedited.

The letter was signed by JSC Vice Chair Criminal Court Judge Abdulla Didi, and it was later revealed that it had been sent without consultation with other members of the commission.

JSC member appointed from among the public, Sheikh Shuaib Abdul Rahman, told media that he believed the letter was sent under orders of JSC Chair Adam Mohamed, adding that the Chair did not have the authority to make such decisions without consulting the commission members.

“I believe that whoever advised for this letter to be sent has done so with the intention of influencing Nasheed’s case to be concluded in a particular way,” he had said at the time.

Shuaib’s contention was later backed by Speaker of Parliament Abdulla Shahid, who also sits on the commission.

However, JSC media official Hassan Zaheen stated that he did not believe that sending the letter would exert any undue influence or pressure, even though the JSC is currently looking into disciplinary matters concerning the Chief Judge of the High Court. He added that similar letters had been sent in the past at the discretion of the JSC Chair.

The case in question is one filed by the defense counsel of Nasheed, challenging the legitimacy of the panel of judges presiding over the case against him for the arbitrary detention during his administration of Criminal Court Chief Judge Abdulla Mohamed.

Nasheed and his party contend the case is a politically motivated attempt to convict and prevent him from contesting in the upcoming September 7 presidential elections.

Lawyers representing the JSC has even previously requested the High Court dismiss the case, contending the court did not have the jurisdiction to preside on the matter.

Upon accepting the case, the HIgh Court issued a stay order on Hulhumale’ Magistrate Court to suspend all criminal trials concerning the arrest of the judge until a ruling on the legitimacy of the bench is issued.

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