Tag: South Asia

Maldives a good ear for SAARC think-tank pointers

“A lot of countries in South Asia don’t see solar energy as a main power source – yet. Let’s put it this way: Maldives does.”

Tomislav Delinic, Director for Regional Program SAARC at German political organisation Konrad Adenauer Stiftung, believes the Maldives has a significant role to play in improving environment and energy policies across South Asia.

“Every country needs to find its own most suitable solutions, but it should also share these solutions with others,” he said. “Since the Maldives is pushing forward the renewable energy sector, it can be an asset for the region.”

Renewable energy has been a leading issue for researchers at the Consortium of South Asian Think-Tanks (COSATT) this year. COSATT is an informal non-profit organisation convened by the Institute of Peace and Conflict Studies (IPCS) to bridge policy research in South Asia.

Since 2008 COSATT has developed annual SAARC summit themes into year-long research projects for and by South Asian think-tanks. Previous topics include trade, connectivity, and counter-terrorism.

Delinic was one of several participants in COSATT’s third and final meeting held at Bandos Resort between Tuesday, October 11 and Thursday, October 13.

“We know South Asia lacks connectivity and we try to bridge it by bringing together leading think-tanks which are politically engaged to discuss the most important issues of connectivity,” said Delinic.

Last year’s topic, ‘Green Asia’, lead COSATT to organize a 12-month international research project on environmental security and renewable energy. Research institutes from all SAARC countries have contributed to a summary publication, released yesterday, as well as an eight to ten page letter of recommendations, to be submitted to policy makers prior to the SAARC summit in Addu this November.

The Maldives is figuring into COSATT’s 2011 recommendations in important ways.

The President’s Office last week hosted the release of COSATT’s 2011 report “Energy and Environmental Security: A Cooperative Approach in South Asia”; Vice President Dr. Mohammed Waheed delivered the keynote address.

Delinic said significant potential for action was in store for the Maldives over the next two SAARC summits. Partnership, however, is thin.

“We released the book here not only because SAARC summit will be held here but also because environment is so important for the Maldives. But we lack partners in the Maldives and are looking for researchers to contribute to our work. This is now even more crucial because we will soon pick up next year’s SAARC summit topic, ‘Building Bridges’. Since this has been initiated by the Maldives, their participation at COSATT would be very good.”

Delinic said several Maldivian policy makers and think tank members had met with the COSATT team during last week’s meeting to discuss opportunities, although no agreements have been reached.

While COSATT does not implement policies according to its findings, proposing suggestions is a key step.

“Cooperation has to start somewhere,” Delinic said. “If you’re lacking common ideas, you can’t develop concepts. So we don’t want to allow that our politicians are saying ‘We don’t have the concepts.’ We will give them the concepts. Leading think tanks from the region agree on that.”

Delinic said think tanks are the key to getting recommendations from groups such as COSATT off of paper and into action.

“Countries might have issues with each other, but if you see the think-tanks in many of these places, they’re doing very well. They’re cooperating, they’re agreeing, sometimes they even oppose their own government. This is the future, and we need to work on it further,” he said.

COSATT takes its biggest test at the government level.

According to IPCS research officer and COSATT report editor, J. Jeganaathan, bureaucratic processes tend to block efficiency. “I see the bureaucratic process in each South Asia member countries as an issue. They are rooted in traditional thinking, they cannot move beyond traditional values, and that is an obstacle to progress. Political will is also an issue, it leads to lack of commitment for common funds and cooperation in implementing new policies.”

Jeganaathan added that although international organisations such as the World Bank (WB) and United Nations Development Program (UNDP) have funds to support SAARC regional resolutions, poor cooperation among country officials prevents these funds from being applied.

However, India’s retired Major General Dipankar Banerjee, a mentor at COSATT, was optimistic about the Maldivian government’s support.

“Energy is a vital and immediate concern for the Maldives and for all of coastal South Asia. The Maldivian government ministers are particularly keen that our recommendations be put on the agenda at the summit,” he said.
Banerjee cautioned that implementation is a slow process. Agreeing with Jeganaathan, he said getting recommendations past the suggestion phase was difficult.

“One can’t expect the recommendations of a think-tank to immediately translate into official government policy. But our goal is to sensitize our respective governments, to show them the options as to how we can move forward, and show them a direction. And that’s a slow learning process, nothing happens instantaneously,” said Banerjee.

Delinic was keen to identify the COSATT recommendations as “an incentive of South Asia for South Asia,” and said maintaining close relationships with governments was important. He did note that follow-up has been a constant issue, and said the group’s final meeting today aimed to resolve it.

“Naturally we cannot push the governments further than offering ideas. But still, one can remind them of this. Keeping contact with the policy makers, dropping information through the media, and connecting with local NGOs on certain topics. For example, in the Maldives we feel sure we can find partners in civil society for certain issues,” he said.

Policy recommendations will be released on 9 November, however they will be distributed to the appropriate government ministries and departments prior to the summit.

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Comment: US needs to strengthen ties with South Asia

Last week, the United States and India concluded the fourth strategic dialogue on Asia-Pacific regional affairs, illustrating the importance that Washington places on its relationship with New Delhi. India’s surging economy has deepened interest among US policymakers eager to advance bilateral ties with a large country in the region that shares a democratic identity. Factors contributing to this shift include China’s ascent as an economic and strategic power and the possibility that the US military may favor an offshore strategy in the future.

However, India should not be the sole hope on which US security strategy rests in South Asia. US relations with this new strategic partner are guaranteed to experience bumps, as evidenced by the recent rejection of US firms in the Indian Air Force’s Medium Multi-Role Combat Aircraft (MMRCA) competition. Moreover, India has long maintained a strong non-aligned foreign policy tradition, enforced by policymakers who face continual domestic political pressures not to appear too pro-American. This is not to say that the US-India strategic partnership appears ready to fail. Still, one possible scenario could find relations with India not progressing as quickly as desired, while relations with Pakistan and Afghanistan remain in tatters, leaving minimal US relations with other South Asian states. Even if this scenario does not occur, the United States cannot afford to ignore the need to forge deeper strategic relationships with the smaller countries in the region.

Relations with Bangladesh, Sri Lanka, the Maldives and Nepal hold many unexplored possibilities and reasons for expansion.

First, as Assistant Secretary of State for South and Central Asia, Robert Blake pointed out in Congressional testimony earlier this year, all these countries are governed by democratically elected leaders. As with the “shared values” discourse supporting greater relations with democratic India, the United States has a similar foundation for fostering ties with these nations.

Second, three of these countries are maritime states. Given the importance of securing Indian Ocean sea lanes, through which 50 percent of the world’s container traffic and 70 percent of the world’s crude and oil products transit, it is in US interests to promote maritime security cooperation among South Asian countries and deepen defense ties with these navies as a form of burden-sharing in the Indian Ocean.

Further, smaller countries provide better test cases for realizing new strategic visions and more permissive environments in which to experiment than do the larger states of India and Pakistan, where constraints are omnipresent and the stakes are much higher. In the Harvard International Review, Doug Lieb has discussed the importance of analyzing international relations in “marginal states” that are often overlooked in a structural realist worldview that privileges the study of large countries. The smaller countries of South Asia could be easy wins for the United States, especially in the face of increasing Chinese dealings there.

US ties are probably the strongest with Bangladesh, a Muslim-majority and democratic nation. Given the country’s vulnerability to nontraditional security threats such as cyclones and earthquakes, the Bangladeshi military would appreciate increased help with weather forecasting technologies and cooperation on humanitarian assistance and disaster relief issues. Before the next environmentally related cataclysm occurs, the United States should further develop security relations with Bangladesh.

The Maldives, like Bangladesh, is a relatively pro-American Muslim democracy. It faces the challenge of countering Somali pirates and Lashkar-e-Taiba terrorists from Pakistan seeking harbor on any one of its 26 atolls. The Maldives National Defense Forces would likely not be equipped to handle a potential Mumbai-style attack on its tourism industry and could benefit from US counter-terrorism assistance.

US relations with Sri Lanka have been strained due to charges of human rights violations during its defeat of the Liberation Tigers of Tamil Eelam (LTTE) in 2009. Yet as Sri Lanka’s economic and diplomatic ties with China grow, the United States must try not to alienate Sri Lanka given its strategic location in the Indian Ocean. In fact, the US Navy could benefit from exchanges with the Sri Lankan military. For example, learning the swarm attack tactics that were employed during the country’s civil war could help the United States prepare for the threat it may face from Iran in the Strait of Hormuz. In addition, the Sri Lankan navy could benefit from US assistance in transitioning its patrols from the north to the south, where roughly 300 ships pass the tip of the island daily.

Regarding Nepal as it draws down its forces and integrates Maoist rebels into the military as part of its peace process, US security cooperation and expertise could be critical in this operation.

Finally, judicial capacity-building would be another low-cost way to advance US ties with all these countries.

By comparison, China has been strengthening its ties to South Asian countries, especially in the form of infrastructure development. Chinese port construction in Chittagong, Bangladesh; Hambantota, Sri Lanka; Gwadar, Pakistan; and Kyaukpyu, Burma have all been cited as prominent examples of a supposed “string of pearls” that China may be seeking to build in an area outside its traditional sphere of influence. Regardless of actual Chinese intentions in South Asia, Indian analysts have voiced concern about being “encircled” by China’s economic, military, and diplomatic inroads with these countries, including Nepal.

In recognition of the growing challenges South Asia presents to the United States, experts are beginning to discuss ways of reorganizing the US government’s bureaucracy to address the region’s new realities. Bruce Riedel and Stephen Cohen have proposed the creation of a “South Asia Command” (SACOM) to overcome the seam issues posed by Pacific Command (PACOM) and Central Command (CENTCOM) separating India and Pakistan in US defense policy. Others have suggested an Indian Ocean Region Command (IORCOM). With such talk and broader discussions about a realignment of US force posture in Asia, now is the time to also examine relations with the smaller countries in South Asia and the prospects for building partner capacities in the region.

As the United States winds down its commitment in Afghanistan, while confronting unbounded uncertainty in its relationship with Pakistan, it can look to the promise of partnership with India only to a certain extent. If disappointments such as the MMRCA rejection happen too often, or if India tests nuclear weapons again and Washington re-imposes sanctions, the United States would be left without strong security partners in the region. For too long, the United States has ignored the potential benefits of fostering relations with the smaller countries in South Asia. Prospects for advancing US security ties with Bangladesh, Sri Lanka, the Maldives and Nepal deserve serious examination.

Nilanthi Samaranayake is an analyst in the Strategic Studies division at the Center for Naval Analyses in Alexandria, Virginia.

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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Vice President meets Sri Lankan President Rajapaksa during UN General Assembly

Vice President Dr Mohammed Waheed Hassan has paid a courtesy call on Sri Lankan President Mahinda Rajapaksa at the 66th session of the UN General Assembly in New York.

The Vice President’s Office later refuted reports that Dr Waheed discussed the Sri Lankan human rights situation with Rajapaksa during the meeting, following media reports quoting Sri Lankan officials to the contrary.

Haveeru on Tuesday quoted a senior Sri Lankan official as saying that during a meeting between Rajapaksa and the Vice President, Dr Waheed “assured that he will be supporting Sri Lanka’s stance on the human rights issue.”

The Vice President’s office later claimed the meeting was a courtesy call during which Dr Waheed said it was refreshing to  hear the Sri Lankan President talk about trade unions and north-south cooperation in his speech [to the UN], and that there was “no mention of the human rights situation in Sri Lanka.”

Sri Lanka is currently conducting an internal investigation of these allegations, which refer to acts of violence committed by both government and rebel forces in the final phases of Sri Lanka’s civil war.

Numerous human rights groups, including Amnesty International (AI) and Human Rights Watch (HRW), have rejected Sri Lanka’s investigation on the grounds that its Lessons Learnt and Reconciliation Commission (LLRC) does not meet international standards.

The British Broadcasting Corporation (BBC) has reported that human rights groups found the commission flawed because “its members were appointed by the government, it has no real mandate to investigate war crimes in the last stages of the conflict, lacks any mechanism to protect witnesses and falls short of minimum international standards of a commission of inquiry.”

The Sri Lankan government has denied committing any offenses. The Maldivian government said it supports Sri Lanka’s wish to solve internal issues without external involvement.

Today, the Maldives President’s Press Secretary Mohamed Zuhair issued a statement expressing support for the Tamil people.

“The President of the Maldives would like to express his good wishes to all Tamil people. The Tamil people have always been like brothers to Maldivians. The President would like to see peace and harmony in our region and has expressed his desire for all people to live peacefully together.”

Human Rights Watch recently applauded the Maldives as one of the seven most important countries on the UN Human Rights Council. It expressed puzzled concern, however, over the Maldives’ “regrettable” support of Sri Lanka at this time.

“The Maldives should revisit its approach on Sri Lanka in order to bring it in line with its otherwise principled approach to human rights at the Council,” said the report.

Minister of Foreign Affairs Ahmed Naseem said he did not wish to comment on the issue.

Meanwhile, UN secretary general Ban Ki-Moon has appointed a panel to advise him on accountability issues in Sri Lanka, reports the BBC. The Sri Lankan government rejected the panel, however, and said it would not issue visas to UN panel members visiting Sri Lanka.

The UN Office for the High Commissioner of Human Rights (OHCHR) today said they are urging Sri Lanka “to ensure there is a genuine accountability process to address the serious violations believed to have been committed during the last months of the  war in Sri Lanka.”  The OHCHR is waiting to see how member states take action on the issue, “but, of course, the United Nations hopes Maldives – like other UN members – will encourage Sri Lanka to address this important issue.”

Late last week, President Mohamed Nasheed met with Sri Lankan Prime Minister Disanayaka Mudiyanselage Jayaratne regarding the upcoming South Asian Association for Regional Cooperation (SAARC) summit, due to be held in Addu City in November. The heads of state also discussed ways to strengthen ties between the two countries.

The SAARC summit could afford the Maldives an opportunity to promote human rights in south asia, a region that is reportedly slower than others to adopt international human rights standards.

The Maldives recently became the 118th member of the International Criminal Court (ICC), a close partner of the UN.

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

Evelyn Balais-Serrano, Asia-Pacific Coordinator for the ICC’s advocacy NGO Coalition for the International Criminal Court (CICC), called the Maldives’ accession to the Rome Statute a significant step for human rights in south asia.

She noted that Sri Lanka is “a long way” from membership at the ICC.

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

Sri Lanka’s findings are due for release on November 15.

Clarification: This story has been updated to reflect a clarification from the Vice President’s Office that human rights were not discussed at the meeting with Sri Lankan President Mahinda Rajapaksa.

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ICC membership expected to reform Maldivian judicial system

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

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

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

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

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

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

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

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

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

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

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

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

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

The Debate

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

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

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

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

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

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

The Effects

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

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

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

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

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

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

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

International liability

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

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

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

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Comment & Analysis: Corruption, your ‘no’ counts

Corruption has a devastating effect on democratic governance and economic development all over the world.

The problem is global and no country in the world could possibly claim to be immune against any of the various forms in which corruption manifests itself. Yet, it is of particular concern in the developing world, as huge amounts of money and resources are diverted through corruption away from what it should serve: socio-economic development, justice and security.

And it is a particular concern to South Asia, which is home to one-fifth of the world population and where countries face enormous challenges of sustainably alleviating poverty for millions of people and of meeting the universally agreed upon Millennium Development Goals in less than six years from now.

Corruption, not culture

Often, people believe that they are at the mercy of corruption or even that paying a bribe just belongs to a way of life or a culture in a given society and that this cannot be changed. Although corruption is mostly unanimously considered as ethically unacceptable, it seems that only few are able to visualize and understand the long term harmful consequences of corruption for development and the society. It is perhaps, therefore, that skepticism with regard to the benefits of a zero tolerance approach, have remained for a long time.

This is now gradually changing. In 2003, the world community marked a historic milestone by adopting the United Nations Convention against Corruption, the first ever universal instrument against corruption.

Two years later, it entered into force and today, we can report that 142 countries have ratified the Convention. Through this Convention, Governments have now universally agreed upon and accepted comprehensive standards and measures to criminalise and prevent a variety of forms of corrupt practices, such as bribery of public officials, both national and international, embezzlement of funds, trading in influence, abuse of functions, illicit enrichment, laundering of the proceeds of crime and obstruction of justice.

Equally important, State Parties to the Convention have committed themselves to implement appropriate measures for asset recovery, also across borders, and international cooperation in view of the transnational character of organized criminal activities, such as drug and arms trafficking.

UN-logoWhereas the Convention has been signed and ratified by Governments, it does not limit itself to entrusting measures for the public sphere. It also proposes concrete measures to be taken both by the private sector and the civil society. For example, the Convention specifically mandates the private sector to establish a code of conduct for the prevention of conflicts of interest, internal auditing controls as well as proper commercial practices.

Equally, the civil society is called upon to create awareness and undertake public information and education programmes to promote transparency, integrity and non-tolerance of corruption.

Since entering into force, the State Parties to the United Nations Convention have met regularly to discuss progress in the implementation of the Convention. In the last meeting held in Doha in early November, States have made a breakthrough by agreeing to a new mechanism, under which they will monitor every five years to see how they are living up to their obligations under the Convention.

The strength of the monitoring mechanism is that it is based on self-assessments and peer reviews and that information will be made public.

Time has come to be judged by action taken and not by promises made. The “your no counts” campaign which was brought to live to harness people’s support for anti-corruption in the spirit of the Convention, also calls on you to stand up for integrity and take action against corruption.

Cristina Albertin is the UN representative for the Office on Drugs and Crime in South Asia.

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

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