Tag: parliament

Comment: Maldives democracy must not go backward

The following article by Dr Hassan Saeed was originally published in UK newspaper The Guardian.

The British tourists who come to the Maldives’ beaches are unlikely to know about the Foreign Office’s warning this week to steer clear of large political gatherings.

But the country’s two-year-old government is in crisis. The resignation en masse of President Mohamed Nasheed’s cabinet at the end of June created a constitutional crisis, leaving the Maldives without a government for two weeks.

The president then unconstitutionally reappointed his cabinet without reference to parliament. Opposition MPs were arrested and only released after a prolonged appeal to the supreme court – after which the governing party called for demonstrations in an effort to make the judges change their mind.

Many Maldivians rejoiced in 2008 when the country held its first fully democratic presidential election following 30 years of suppression, torture and censorship under President Maumoon Abdul Gayoom. Nasheed came to power carrying the hopes of the nation with him that it could achieve full democracy.

This was followed a year ago by the first democratic elections to the parliament. I was a candidate in the first round of the presidential election, and the votes of my supporters decisively contributed to Nasheed’s majority in the second round.

In the same way that a democratic South Africa sent a signal to the world that Africa was changing, the Maldives sent a signal that the Muslim world was changing. Despite the difficulties democracy faces in places like Afghanistan, the Maldives were a powerful demonstration that such transition could be achieved peacefully. Most crucially this was delivered by Maldivians for Maldivians and not at the behest of American foreign policy.

That, too, sent an important message to many other Muslim countries debating their futures that peaceful campaigns to achieve democracy and human rights could work.

However, the Maldives is now again facing a serious challenge to our hard-won democracy less than two years after Nasheed came to power, because he did not win a parliamentary majority. The Maldives constitution establishes a clear separation of powers between president and parliament, but now Nasheed is attacking the right of parliament to effectively scrutinise the executive in a way that he would no doubt have similarly criticised his predecessor for.

The Maldives parliament should be allowed to do its job. It is debating important issues such as the foreign ownership of our international airport and seeking accountability from members of the president’s cabinet. However, we now see opposition MPs being arrested illegally, the army being deployed on the streets and unrest in the capital, Male’.

Nasheed is a former Amnesty International “prisoner of conscience” – yet he has threatened his own parliament and arrested MPs under laws that he himself opposed when he went through his own struggle.

The international community must now play a key role in supporting the right of the Maldives parliament to hold the executive to account. The European parliament has expressed concern about the situation and it has required the intervention of the Sri Lankan president, Mahinda Rajapakse, to bring the two sides together.

William Hague, the British foreign secretary, should intervene: the Maldives are a former British protectorate and last year over 100,000 Britons visited the islands, making Britain the country’s largest tourist market. Nasheed is very close to the Conservative party and was the international guest speaker at their conference last year. The Conservatives have provided him with support in the past, including training activists from his party.

In order to secure continued respect for the president’s role, Nasheed needs to demonstrate full respect for the Maldives’ other institutions. This is the only way to honour the struggle for democracy to which many believed the president had been totally committed.

Two years ago, some in the international community hailed Nasheed as the Mandela of the Maldives because of the way in which he forgave his predecessor, who had tortured and imprisoned him. The tragedy for the Maldives, and for the wider Muslim world, would be for him to take the country backwards to Gayoom’s time.

Dr Hassan Saeed is a former Attorney General and Presidential candidate. He is currently the leader of the opposition-aligned Dhivehi Qaumee Party (DQP).

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Government investigates accused MPs’ “dark and evil schemes”, while UK issues travel advisory

The British Foreign and Commonwealth Office (FCO) has issued a travel warning for the Maldives following recent political turmoil in the country, urging caution around “large political gatherings”, while debate on the political deadlock has spread to the House of Lords in the UK Parliament.

During Question Time, the UK Labour Party’s Lord Foulkes expressed “disappointment that President Nasheed seems to be reverting to the bad habits of his predecessor”, following the detention of People’s Alliance (PA) MP Abdulla Yameen, and urged the government to pressure the Maldives to restore “democratic freedoms”.

Conservative Lord Howell, also State Minister for the FCO, responded that the government was “pursuing full encouragement through our high commission in Colombo and other means to ensure that democratic development continues.”

Nasheed’s restoration of his cabinet ministers was “a step forward”, Howell promised.

Conservative Lord Naseby pointed out that the Maldives “is no longer a protectorate of the United Kingdom… and that being the situation, what role do we have at all to interfere in what is in fact the Maldivian exercise of democracy as they interpret it?”

Yameen meanwhile remains in MNDF custody on the Presidential Retreat ‘Aarah’, although appears free to communicate with the media given that Minivan News was able to contact him yesterday.

The Maldives National Defence Force (MNDF) – and the government – insist that the MP and high-profile businessman is under ‘protective’ custody after demonstrations outside his home last week turned violent.

Yameen has told local media he does not wish to be detained in ‘protective’ custody. The MNDF have also refused to present him before the court on a court order, raising some international eyebrows.

The President’s Press Secretary Mohamed Zuhair stuck to that story, insisting Yameen was being “protected” rather than “detained”.

Zuhair also claimed Yameen’s custodial protection was not unconstitutional, as the opposition has claimed, although Minivan News is still awaiting clarification from government lawyers as to how this is so.

“The MNDF is working absolutely within the constitution,” Zuhair said. “Yameen is being held by the MNDF, not the government. If Yameen is concerned about this he will be able to challenge it in court.”

“Dark and evil schemes”

Beyond the debate over Yameen’s detention, and recent court cases concerning the legality of his arrest along with that of Jumhoree Party (JP) leader Gasim Ibrahim, Zuhair said that given the severity of the allegations against them, neither could be considered prisoners of conscience.

“I cannot describe these people as political leaders – they are accused of high crimes and plots against the state,” Zuhair said.

“These MPs are two individuals of high net worth – tycoons with vested interests,” he explained. “In pursuing their business interests they became enormously rich during the previous regime, and now they are trying to use their ill-gotten gains to bribe members in the Majlis and judiciary to keep themselves in power and above the fray.”

“They were up to all sorts of dark and evil schemes,” Zuhair alleged. “There were plans afoot to topple the government illegally before the interim period was over.”

Zuhair explained that the government felt obliged to take action after six MDP MPs came forward with statements alleging Yameen and Gasim had attempted to bribe them to vote against the government.

The opposition PA-DRP coalition already has a small voting majority, with the addition of supportive independent MPs, however certain votes require a two-thirds majority of the 77 member chamber – such as a no-confidence motion to impeach the president or vice-president.

“In one incident early on in this administration, following the President’s return from Italy, they set up a telephone and a video camera in a committee room in parliament, brought a judge to sit in, and then tried to get two members of the president’s delegation swear on the Qur’an under oath that the President was drinking alcohol,” Zuhair observed.

The privatisation of Male’ International airport had clashed with the vested interests of the accused MPs, Zuhair claimed, sparking the current political debacle.

“Gasim was concerned the new airport might take the charter flights he had intended would be landing at the new airport he is building in Maamagilli,” Zuhair alleged, “while Yameen is a third party supplier of fuel at Male International Airport through the Maldives National Oil Company, which has representation in Singapore.”

The fuel trade is the most immediately lucrative part of the airport deal, Minivan News understands, and is a key reason behind both GMR’s interest and the government’s decision to award the contract to the Indian infrastructure giant. GMR has told Minivan News it will amalgamate the trade under one umbrella, a decision that will likely affect current third party suppliers.

Meanwhile Opposition DQP leader Hassan Saeed, who opposed the airport privatisation and is currently lobbying in the UK for international support for Yameen’s release, “is receiving huge legal fees from both Yameen and Gasim,” Zuhair claimed.

NGOs speak

A coalition of NGOs including Madulu, the Maldivian Democracy Network, Huvadhoo Aid, Transparency Maldives, Maldives Youth Action Network, HAND and Democracy House, meanwhile issued a statement “categorically denouncing the undemocratic actions of the three Powers of the State, at a time when democracy is in its infant stages in the Maldives.”

“We believe recent political and civil unrest is a consequence of these three arms of the State disregarding the spirit of the Maldivian Constitution,” the NGOs said. “We believe a culture of manipulation of the law to infringe upon the rights of one another has developed and that the three arms of the State have failed to give each other due respect.”

“It is not responsible on the part of the parliament, that they should pass laws that undermine the powers of the executive.

“It is unacceptable that the executive, should use its powers to harass and deter the functioning of the parliament, to disrepute the judiciary and to try to exert undue influence on the judicial system.

“The lack of consistency in the rulings of the courts, and actions which undermine the trust of the people in the judicial system are contrary to the high standards which are expected of Judges. We call upon the judiciary to work to restore the people’s faith in the judicial system.

The NGOs added that “other concerned State institutions” have also failed to “give due regard to the situation” and have acted irresponsibly.

The coalition also urged political parties to refrain from bringing violence to the streets, but condemned the security forces “for stepping outside the boundaries of the law with regards to arrest and detention” and the recent distribution of private telephone conversations by the media containing implications of corruption behaviour among MPs.

Between a rock and the Maldives

The government well aware of its status as international darling on climate change, but Nasheed appears willing to risk international censure for the sake of isolating Yameen while the state accumulates evidence in the background. Police were preparing to “make a splash” on the subject, Zuhair hinted.

However even if this evidence is obtained, demands from the international community – and opposition – that the government respect the rule of law and the judicial system, mean the government is faced with the new problem of legitimising its case against the businessmen and opposition leaders, now that allegations of obstruction have been levelled at the judiciary – including, yesterday, from the police themselves.

The government has been urging public respect for the judicial system – and the President’s Political Advisor Hassan Afeef has stated that the government will abide by any rulings from the Supreme Court.

The Judicial Services Commission (JSC), tasked with reforming the judicial system, has three sitting judges as members and vested interests, according to the President’s outspoken member on the commission, Aishath Velezinee.

“Of the 207 of the judges currently in office, 39 have degrees or higher. Some left school before grade seven, meaning they haven’t completed primary school,” Velezinee noted.

In addition there are seven sitting judges found guilty of a criminal breach of trust; five with allegations of a criminal breach of trust; two being prosecuted for an alleged breach of trust; one on trial for sexual misconduct; two have been found guilty of sexual misconduct; one was found guilty for an offence which had a prescribed punishment in Islam; and another who has both been accused of a criminal breach of trust, and found guilty of sexual misconduct – a total of 19 with documented criminal history.

Behind the scenes the executive is racing to nominate new judges before the interim period concludes on August 7, when sitting judges are granted automatic tenure.

However nominations for any new judges will have to be approved by the Majlis, which was cancelled this morning on points of order that developed into a scuffle outside.

“[The MPs] are trying to derail the process,” suggested Zuhair. “They are also panicking because they have no way of knowing who is going to be [implicated] by these corruption charges.”

As for tourists reading the today’s travel advisory urging caution in the capital, Zuhair observed that they “should be happier to know the top dollars they are paying are not being used for corrupt purposes.”

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Parliament cancelled after MPs clash over Yameen detention

Today’s sitting of parliament was called off after opposition MPs vocally protested the Maldives National Defence Force (MNDF) refusal to allow detained MP and opposition People’s Alliance Leader Abdullah Yameen to attend sitting.

Speaker Abdulla Shahid revealed that neither MNDF nor the Defence Ministry had responded to his letters requesting an explanation or an arrangement for the Mulaku MP to attend today’s sitting, adding however that he was constitutionally obliged to ensure that sittings go ahead.

MPs of the main opposition Dhivehi Rayyithunge Party (DRP) raised numerous points insisting that sittings could not be held while an MP was “unlawfully detained” by the military.

“Since the Majlis is not an enforcement agency I do not have a way to go and bring the honourable Mulaku member here,” Shahid responded.

A press release issued by parliament after today’s cancellation states that Majlis rules of procedure requires that MPs in detention over a criminal investigation must be allowed to attend sittings and committee meetings and “this is how it is in other democratic countries.”

It urges the MNDF to respect the constitution and the parliamentary rules of procedure, which was formulated under article 88(a) of the constitution.

Clashes

Shortly after the sitting was canceled, a confrontation occurred between Hulhu-Henveiru MP “Reeko” Moosa Manik, parliamentary group leader of the ruling Maldivian Democratic Party (MDP) and Galolhu MP Ahmed Mahlouf of the DRP.

Moosa claims that Mahlouf struck him on his legs with his shoes.

“After the sitting ended, Ilham [Ahmed, DRP deputy leader] and another MP came at me,” he explained. “Ilham was shouting at me very rudely and the other MP was filming it with his mobile phone.

“He was holding the phone very close to my face, I told them to go away, but they did not. When the camera came close to me I pushed the camera away from my face.”

Mahlouf was waiting and watching, he added, and came towards him after a while.

“He came and hit me in the leg, [and then] he said I hit him,” Moosa claimed.”That was a drama they played. They have been creating a lot of different stories against me recently.”

However, Mahlouf told local daily Haveeru that Moosa hit him in the face while Nilandhoo MP Abdul Muhsin was filming Moosa and Ilham’s argument.

Mahlouf has not responded to Minivan News at time of press.

A similar confrontation between the MPs occurred during a sitting almost a year ago when both accused the other of threatening violence and using obscene language.

The sitting on July 15 2009 was eventually canceled after the main parties clashed over the cabinet’s decision to investigate Chief Judge of the Criminal Court Abdullah Mohamed.

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President reinstates cabinet, awaits parliament’s consent

President of the Maldives Mohamed Nasheed has reinstated his cabinet ministers in a signing ceremony before Chief Judge of the Civil Court, Ali Sameer, following their mass resignation on June 29, in protest against what they claimed were the “scorched-earth politics” of the opposition-majority parliament.

The only cabinet reshuffle concerned Mahmoud Razee, former Minister for Transport, Civil Aviation and Communications, who was moved to the post of Minister of Economic Development. His former portfolio remains open.

“Cabinet decided to stick together on the issue and resign, to show they are not hell bent on the salaries and niceties of their positions and to prove they want to do good work for the country,” Nasheed claimed.

Following the reinstatement of his ministers, President Nasheed denied the week-long resignation was a publicity stunt for political gain.

“We had to make everyone aware of the gravity of the situation,” he said. “Cabinet members have been complaining about corruption in parliament for some while, [particularly] vote buying.”

“We were last week able to investigate the matter, and I expect police to pass the findings of the investigation to the Prosecutor General’s Office within the next 10 days,” he added.

The ‘new’ cabinet now requires parliamentary consent before resuming office. The President’s Press Secretary Mohamed Zuhair confirmed the government had been delaying the reinstatement until it received signs of cooperation from the main opposition party.

Zuhair acknowledged the strategy was “risky”, an observation confirmed by DRP Deputy Leader Umar Naseer, who claimed “there are definitely ministers that the DRP will not approve, and will have to leave the cabinet.”

Zuhair however noted that the wording of the procceedure according to the Constitution was different to the appointment of the heads of independent commissions.

“Parliament is only required to ‘consent or not to consent’ to the [whole] cabinet,” he explained. “Even if the opposition is factionalised, if we get 7-8 MPs on our side the motion will be carried.”

President Nasheed has met opposition party leaders alone in a meeting on Monday evening mediated by US Ambassador Patricia Butenis, including leader of the majority opposition Dhivehi Rayyithunge Party, Ahmed Thasmeen Ali.

President Nasheed today said that while Thasmeen had not explicitly agreed to cooperate in the meeting, “individual DRP MPs have called me, and said they do not wish the government and parliament to remain deadlocked.”

He said the MPs had claimed they did not wish the entire institution of parliament “to be affected by the actions of individual MPs.”

Foreign embassies and international agencies have been nervously eyeing the seemingly erratic behaviour of the country’s administration, fearing a step backward following its democratic transition.

Yesterday Sri Lankan President Mahinda Rajapaksa also arrived in the country, in a surprise visit on the invitation of President Nasheed to help resolve the political deadlock. He has already met with Thasmeen and former president Maumoon Abdul Gayoom, at his residence Maafannu Aliwaage.

Thasmeen did not respond to Minivan News at time of press.

Photo: Umair Badeeu

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“Here’s some cash”: Kulhudhufushi islanders open charity box for MP Nasheed

Kulhudhufushi islanders have launched a charity fund box to help their elected MP Mohamed ‘Kutti’ Nasheed, an independent member of parliament, after he admitted it was his voice saying ”I need some cash” to Jumhooree Party (JP) leader Gasim ‘Buruma’ Ibrahim in a leaked audio clip.

Gasim is currently under house arrest while he is investigated by police for vote-buying and treason.

”We felt pity for our MP Mohamed Nasheed after hearing the leaked audio clip,” said Mohamed Naeem, a Kulhudhufushi islander who heads the group that opened the charity box.

”When he first asked Gasim about his financial condition, we thought that Nasheed was about to help Gasim. But then we heard he was running low financially himself and was in need of some cash.”

Naeem said the group of islanders did not wish their MP to be begging people for money, and had set up a charity box on the beach of the island for everyone to put money in to help Nasheed.

”We do not like the way he begged,” he added. “We heard him saying that he would send someone somewhere to pick up the money in case people might see.”

”We will keep the box open until 6:00pm on Saturday, and then we will open it and count the money,” Naeem said. ”Then we will hand all the money to Nasheed’s office, and if they refuse to deliver the money to him, we will send it to him directly.”

Many people on the island had already walked down the beach to the box and were putting money in it, Naeem said.

”We are not a NGO, not even anybody from the island office – we’re just normal islanders,” he added.

As an elected member of parliament, Nasheed receives Rf62,500 (US$4864) per month from the State.

Nasheed was not responding to calls at time of press.

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Speaker cancels parliament six minutes into session, meets with leaders

Parliament’s Speaker Abdulla Shahid canceled Wednesday’s Majlis session after six minutes, according to a report in Haveeru.

Shahid cancelled the sitting because he said it would be unable to produce any positive results, given the current political deadlock between the parties.

Instead, Shahid said he wished to speak privately with party leaders. He said discussions were also held with Independent MPs.

The next sitting would be held Monday, he said.

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New cabinet to be announced today, surprise visit from Rajapaksa

The President’s Office has announced a swearing-in ceremony for the new cabinet at 2:45pm this afternoon.

Yesterday, Political Advisor Hassan Afeef said the new cabinet would only be proposed when the government had “reached an understanding with the opposition parties in the Majlis.”

The new cabinet must be endorsed by the opposition-majority parliament, according to the Constitution. The executive has been deadlocked with the legislature following the arrest of two MPs and allegations of corruption.

Meanwhile, Sri Lankan President Mahinda Rajapaksa arrived in the Maldives this morning on a state visit.

President Rajapaksa will meet with President Nasheed, former President Maumoon Abdul Gayoom, Parliament Speaker Abdulla Shahid, and Chief Justice Abdulla Saeed.

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241 committee cancels confidential meeting with police and defense chiefs

Parliament’s ‘241’ security services oversight committee has canceled a confidential meeting that was to be held today, after summoning Police Commissioner Ahmed Faseeh and Chief of Defence Force Major General Moosa Ali Jaleel for questioning over their handling of the current political deadlock.

Commissioner Faseeh was to be summoned at 4:30pm and the Major Jaleel was to be summoned at 6:30pm, but the the committee concluded its meeting the moment it started.

Maldivian Democratic Party (MDP) MP Ahmed Shifaz said that the committee meeting was cancelled on a request by MDP MPs.

“Because there are two MPs charged with criminal offences, we recommended the committee cancel the meetings,” said Shifaz. “It does not make much sense when two MPs accused of criminal offences summon the Police Commissioner and Chief of Defense in order to question them.”

Jumhooree Party (JP) MP Gasim Ibrahim and People’s Alliance (PA) MP Abdulla Yameen were charged last week for bribery and treason and are currently under house arrest while police investigate the matter.

Parliamentary regulations state that detained MPs must be released to attend parliamentary proceedings and committee hearings, and initial attempts by police to retain them in custody were overruled in the High Court last week.

As Gasim and Yameen are members of the opposition-led parliamentary committee, they can thus be temporarily freed to question their captors, who, according to article 98(a) of the Constitution, “must respond under oath truthfully to questions put to them and to produce documents, required by the People’s Majlis relating to the due performance of the obligations and responsibilities of such person.”

Dhivehi Rayyithunge Party (DRP) MP Ahmed Mahlouf said MDP MPs invaded the meeting and disrupted it.

“They first removed the board on the outside wall of the committee room,” said Mahloof. “Then they all went inside the room and disrupted the meeting.”

Mahlouf said that most of the MDP MPs who disrupted the meeting were not members of the committee.

A small gathering of MDP supporters gathered outside the parliament prior to the start of the the meeting.

Members of the committee include DRP MPs Ali Waheed and Yousuf Naeem, People’s Alliance (PA) MPs Abdulla Yameen and Moosa Zameer, Jumhooree Party MP Gasim Ibrahim, Independent MP Ibrahim Riza, and MDP MPs ‘Reeko’ Moosa Manik, Alhan Fahmy and Mohamed ‘Colonel’ Nasheed.

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Police investigate leaked audio clips

The Maldives Police Services has begun investigating the leaked audio clips of suspected telephone call conversations believed to be the voices of Independent MP Mohamed ‘Kutti’ Nasheed, People’s Alliance party (PA) leader and MP Abdulla Yameen Abdul Gayoom and Jumhoory Party (JP) leader and MP Gasim ‘Buruma’ Ibrahim, confirmed Press Secretary for the President, Mohamed Zuhair.

On July 4, three recordings of discussions between MPs referring to other MPs and officials, including a plan to cease work on the tax bill in the parliament, appeared on the internet and scandalised the Maldivian media.

Zuhair said he met with police officers this morning and that police informed him the investigation was progressing.

“The audio clips also raise issues of threats against the Anti-Corruption Commission (ACC),” Zuhair added.

A corruption case presented to parliament against former Auditor General Ibrahim Naeem was instrumental in ousting the AG in vote of no-confidence, days after he publicly demanded a financial audit of all current and former ministers.

Police Sub-Inspector Ahmed Shiyam said that police received the audio clips through the media and that they would be analysed and investigated.

“Police do not record the telephone conversations of people,” he claimed, but declined to provide further information.

Aishath Azima Shukoor, former Attorney General and a member of the legal team defending the detained MPs, noted that article 24 of the constitution promised “respect to personal communications” and that recording a personal telephone call was “unlawful according to the constitution, and that any evidence collected unlawfully cannot be presented to court as an evidence.”

“The audio clips would be inadmissible,” said Shukoor. “I do not believe that media can broadcast the audio clips either.”

Groups of pro-government demonstrators have been playing the clips through loudspeakers outside the court proceedings.

Dhivehi Rayyithunge Party (DRP) MP Ahmed Nihan recently told Minivan News that there was an MNDF officer who’s duty was to operate a telephone call recording machine.

“He records our telephone calls and handles it to (former) Defence minister Ameen Faisal,” said Nihan.

Dr Hassan Saeed, who is also a former Attorney General and member of the opposition leaders legal team, said he was busy and unable to comment to Minivan News at time of press.

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