If I had no role in coup, I don’t have to resign, Waheed tells BBC

President Dr Mohamed Waheed Hassan has told the BBC he would not necessarily resign even if the Commission of National Inquiry (CNI) were to find evidence of a coup, following  investigations of the ousting of the former President Mohamed Nasheed.

“If [the commission] find out that I had a role in bringing about a coup, then I would definitely resign,” he said.

“But if I have no role – if somebody else has done it – it doesn’t mean I have to resign, according to the law of the Maldives.”

Waheed’s interview with the BBC came whilst the President was in London as an invitee to the Queen’s Diamond Jubilee celebrations.

He would not be drawn into debate ovr what course of action he would take should the commission determine the circumstances surrounding the transfer of power in February to have been illegal.

The BBC reported Waheed as saying only that he would seek “legal guidance” in this eventuality.

Waheed suggested that the consequences of his resignation and a premature election would be far worse for the country.

“We have to consider the political situation. We have other political parties – big political parties – who are not ready for an election. I have to exercise my judgement – as leader of the country – to make sure we don’t get into a worse political turmoil.”

He also told the UK’s Financial Times that calling early elections would be “reckless”, as it would require him to resign hand power to the Speaker of Parliament, Dr Abdulla Shahid, “who got elected with just 2,000 votes”.

Dr Waheed’s own Gaumee Ithihaad Party (GIP) received 518 votes in the 2009 Parliamentary Election, and had 2625 members as of February 27.

President’s Office Spokesman Abbas Adil Riza explained that the suggestion that some big political parties were not ready for elections referred to the “unanimous” desire of all political parties to introduce new legislation that would govern the activities of political parties.

Abbas claimed that a ‘Political Parties Act’ was discussed at the all party talks held at Bandos Island resort last weekend. Such legislation would make it easier to penalise parties who fail to accept the outcomes of elections or who violate the law, he said.

The Maldivian Democratic Party’s (MDP) international spokesman Hamid Abdul Ghafoor agreed that both elections and reforms were needed to move out of the current political crisis, but questioned the President’s ability to oversee the required changes.

“He is unable to get these reforms as he is not in control of the coalition, which is a ticking time bomb waiting to explode,” said Ghafoor.

Ghafoor saw such comments as an attempt by the President to posit himself as an interim president.

“I suspect he is playing the victim card, saying ‘I am holding on for the sake of this country’, pleading with the international community to help him, “ Ghafoor continued.

Former Maldives High Commissioner to the UK Dr Farahanaz Faizal told the BBC that Waheed’s February move from the Vice President’s to the President’s office would become an illegitimate one if any kind of coup is proven.

“If the elected president has been deposed unconstitutionally, then there is no rightful succession of the vice-president,” said Faizal.

Not ready for elections?

When speaking with the BBC in April, State Minister for Foreign Affairs Dunya Maumoon also argued that reforms were needed before free and fair elections could be held.

One of the institutions criticised by Dunya, the Elections Commission (EC), dismissed suggestions that it was too weak to supervise polls almost immediately after they were made, claiming it was ready to hold any election when required.

This claim appeared to be substantiated later in the month as several elections, including two parliamentary by-elections, were held over the same weekend in mid-April without incident.

Abbas told Minivan News today that reform of the EC was an issue raised again at the Bandos round of all party talks.

Identifying necessary reforms for independent posts and institutions, discussing laws to be enacted, and possible amendments to the constitutions were third, fourth and fifth, respectively, on the talks’ six point agenda.

Setting a date for fresh presidential elections was last on the list.

The first item on the party talks’ agenda was solving the problem of public disturbances, the governing coalition’s solutions to which led the MDP to argue that the talks were not being taken seriously.

Among the 30 points suggested by the coalition to alleviate “political turbulence” in the country, it was suggested that all partys stop practicing black magic and using sexual and erotic tools.

It was also suggested that parties not walk in groups of more than 10, not hold rallies in the street, and stop the use of megaphones in protests.

The MDP yesterday held its usual Friday protest as many hundreds marched round the streets of the capital. Loudspeakers accompanied the rally, challenging the legitimacy of the current government and calling for early elections.

The party’s rally yesterday was also used as an opportunity to celebrate world environment day.

Earlier this week, US Senator Robert Casey, who Chairs the Senate’s Near Eastern and South and Central Asian Affairs Subcommittee, called for elections as early as possible “to ensure that the seeds of the democratic process planted in 2008 are able to flourish.”

In April United States pledged US$500,000 (Rf7.7million) in technical assistance to assist Maldivian institutions in holding free and fair presidential elections, available from July 2012.

However President Waheed has said repeatedly that he is constitutionally restrained from bringing elections forward any further than July 2013.

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Former Inquiry Commission’s release of timeline “blatant attempt to conceal truth by pre-empting impartial inquiry”: MDP

The Maldivian Democratic Party (MDP) has condemned the former three-member Commission of National Inquiry (CNI) after it yesterday released a ‘timeline of events’, calling it a “blatant attempt to conceal the truth by pre-empting an impartial inquiry.”

The initial three-member panel was appointed by President Mohamed Waheed Hassan to investigate the controversial circumstances that brought him to power. It was boycotted by the ousted MDP, who contended that its members had been appointed by those it was accusing, and it was not credible or impartial.

The Commonwealth Ministerial Action Group (CMAG) and civil society groups concurred, and pressured the government to reconstitute the commission to include a nominee representing former President Mohamed Nasheed, a retired foreign judge, and UN and Commonwealth monitors. Earlier this week the government announced it had accepted the 13th nominee proposed by Nasheed, Ahmed ‘Gahaa’ Saeed.

However yesterday the three-member panel released a 282-point ‘timeline of events’, for the stated purpose of “asking for public opinion”.

“It is unacceptable that a committee that has been discredited by the civil society, members of the public and the international community should proceed to make public its findings, ahead of the commencement of the work of a restructured commission,” said MDP’s Spokesperson Hamid Abdul Ghafoor, in a statement on Thursday.

“It is incomplete, biased and reveals the malicious intent of the Commission,” he said, adding that neither former President Nasheed nor any MDP member had given testimony to the commission before it released its findings.

The agreement for a restructured commission was brokered by the Commonwealth’s Special Envoy to the Maldives, Sir Donald Mackinnon, “just two days ago”, Ghafoor noted, a move praised in public statements by the UN, Commonwealth and the UK Foreign Office at the time.

“The publication of the findings of the commission is a blatant attempt by the government to pervert the course of justice. This is in flagrant disregard for the appeals of the international community, including the CMAG, which had demanded that the composition of the Committee be changed to make it impartial, independent, credible and more broadly acceptable,” Ghafoor said.

“This conduct by the current Commission is further confirmation that the real mandate of this Commission is to conceal the truth and absolve the perpetrators of the coup from guilt.”

President’s Office Spokesperson Abbas Adil Riza said the CNI was entitled to ask for public support, “and the government has no views about it, as the commission is independent.”

“We see no wrong-doing in [the commission] requesting public support,” Riza told Minivan News. “The government’s view is that the inquiry is fully independent and that it can ask for help where it wishes.”

Asked whether canvassing public opinion was in the commission’s mandate when it was set up, Riza stated that the commission had a mandate to “find the facts from January 14 to February 7”.

At to whether the timeline was relevant, given that the reconstituted commission would presumably be starting from scratch, Riza said “it is up to the commission to determine that.”

Attorney General Azima Shukoor meanwhile today told local media that administrative work had begun to formulate the new CNI.
Shukoor told local newspaper Haveeru that the new commission needed to be established by a new presidential decree, which was currently being drafted in time for President Mohamed Waheed’s return from the UK.
She also said that work is being carried out drafting the procedures and principles of the commission, as well as the code of conduct for the commission members with advice of senior members of the commission. Shukoor also said that the three-member panel had taken not wage or allowances for the work they had done  up until now.

Minivan News was awaiting a response from the Commonwealth at time of press.

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CNI nominee agreement “important step forward for the Maldives”: Commonwealth Secretary General

The Commonwealth Secretariat has confirmed that an agreement between the government and former President Mohamed Nasheed has been reached concerning the appointment of a Nasheed nominee to the Commission of National Inquiry (CNI).

The government this week confirmed its acceptance of Ahmed ‘Gahaa’ Saeed, who was formerly both Principal of ‘Ahmadiyya School’ and Deputy Principal of the British College of Sri Lanka.

The CNI was established by President Mohamed Waheed Hassan to investigate the controversial transfer of power that took place on February 7, after Nasheed’s Maldivian Democratic Party (MDP) claimed the former president was forced out of office in a “coup d’etat“.

The MDP – and subsequently the Commonwealth Ministerial Action Group (CMAG) – challenged the credibility of the three member panel appointed by Dr Waheed, and pressured the government into accepting a nominee from Nasheed and a retired foreign judge to serve as co-chair.

The government agreed, but imposed a set of restrictions on Nasheed’s nominee that saw the first 11 candidates rejected.

“I am happy that we finally have a resolution on the issue of Mr Nasheed’s nominee, and I commend both sides for their patience and perseverance in this regard,” said Commonwealth Special Envoy to Maldives, Sir Donald McKinnon, in a statement.

“Now that we have agreement on the reconstituted Commission, I look forward to it starting its work and carrying out its important mandate. I hope also that with its enhanced terms of reference and revised composition, the Commission will be a more broadly acceptable mechanism and will allow the country to move forward,” Sir Donald added.

The Commonwealth noted that in keeping with the commitment signed by the Maldives Government on 15 May 2012, the Commission will be co-chaired by a Commonwealth-funded senior retired judge from Singapore, “and the Commonwealth and the United Nations will each provide an expert adviser for support.”

Commonwealth Secretary-General Kamalesh Sharma also welcomed the agreement, which he said represented “an important step forward for the Maldives”, and expressed hope that the CNI would be able to conduct an impartial and credible investigation.

Meanwhile, UN Secretary General Ban Ki-moon also commend the agreement between President Waheed and former President Nasheed “to make the national inquiry body more independent and credible and to find a resolution to the current political crisis.”

In a statement, Ki-moon urged all political parties “to resume immediately their political dialogue, both within and outside of Parliament, in order to find a mutually agreeable way forward on the basis of the Constitution and without jeopardising the democratic gains achieved thus far in the Maldives.”

The last round of All-Party Talks, held at Vice President Waheed Deen’s Bandos Island Resort and Spa last weekend and monitored by UN mediator Pierre Yves Monett, collapsed after parties in the ruling coalition presented the MDP with a list of 30 demands that included “stop practicing black magic and sorcery”, “stop the use of sexual and erotic tools”, and “not walk in groups of more than 10”.

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Comment: To serve and protect dictators

You cannot teach an old dictator new tricks.

As the Maldives continues to experience the reversal of their democracy, the Maldives Police Service was out on the streets once again yesterday, demonstrating their tired old Gayoom-era tricks.

Early Tuesday morning, an unprecedented number of police arrived at Usfasgandu, the protest site on the south eastern side of Male’, where pro-democracy protesters led by the MDP have been demonstrating for months calling for early elections.

Armed with a search warrant, they forcibly evicted the protesters from the scene. Hundreds of police men and DED officials then combed through the area, later claiming to have recovered such criminal loot as a box of condoms and a potentially illegal “brown substance” – conveniently wrapped in MDP membership forms, lest anyone doubted their story.

The scenes evoked memories of March 19, when a joint police and military raid on the previous MDP protest camp at the nearby Raalhugandu area recovered more unlawful substances and cans of illegal alcohol, that were rather thoughtfully stored by the protestors in convenient MDP branded boxes, presumably with a large colourful arrow pointing towards it.

Those familiar with the Maldives’ painful transition to democracy would remember a time when the police were routinely employed by the state to harass and intimidate dissidents and crush all opposition.
Those times, it is evident, have come roaring back.

“Rule of law”

According to the Police narrative, the mutiny that culminated in the toppling of the first democratically elected government was ostensibly led by patriotic police officials who were disillusioned with the ‘unconstitutional orders’ they were being handed by the elected leaders.

In keeping with that noble spirit, hundreds of police officers publicly renewed their vows to “uphold the rule of law” in dramatic television footage captured at the Republican Square on that fateful morning.
It is the pride of any nation to have a Police Service that espouses such fanatical devotion to the “rule of law”.

Yet, one can’t help but call into question the sincerity of the Maldives Police Service’s newfound love for their constitution, and their hastily arranged commitment to the ‘rule of law’.

What is one to make of the brazen criminal actions of the rogue Police and military personnel who went on a public rampage, ransacking the MDP party quarters and beating up their activists?

How does one explain away the storming of the State broadcaster and airing on it content from a private TV propaganda outlet belonging to businessman politician Gasim Ibrahim – who is alleged to be among the primary financers of the coup d’état?

What does one make of the intensely politicised nature of a police department that appears to stop just short of publicly swearing allegiance to a certain political party run by a former dictator?

Exactly which law were the Maldives Police Service upholding when they threatened and physically assaulted elected MPs and the democratically elected President of the Nation? Under which clause of the Police Act did they assault some of their own senior officers inside the Police HQ on the day of the coup d’état?

Certainly, the rule of law could not be more violated than when the Police continued to dismantle the Usfasgandu camp site last night, in direct contravention of court orders forbidding them from doing exactly that? From their actions, it is plainly obvious that the Maldives Police Service couldn’t care less about “the rule of law” – which continues to be the ruse employed to explain away their treason on February 7.

For their part, Waheed and his newly appointed Commissioner Abdulla Riyaz have also publicly lauded the police for their unapologetic actions on February 7th, hailing it as a great example of ‘upholding the rule of law’.
There has been no investigation, and not a single police officer or military personnel has been booked for the brutality and wild excesses of that dark day.

Instead, in keeping with the Gayoom-era tradition, the Police have been richly rewarded for their services. For their troubles, the newly installed regime has lavished the Police and military with a record number of promotions, and monetary rewards.

Waheed – the problem, not the solution

With his various public utterances about ‘National unity’ and pledges to uphold the constitution, Waheed has attempted to project his regime as some kind of force for stability.

Unfortunately, Waheed’s appeal to ‘unity’ appears to be about as hollow as the Police Service’s professed love for the ‘rule of law’. He continues to eagerly defend the indefensible by refusing to take action against identified cops, who brutalised civilians in full public view and continue to do so with impunity.

While his helmeted riot cops continue to beat back thousands of angry protesters every week with their batons and shields, Waheed appears to not be interested in even acknowledging their sincere grievances. Instead, in the months following the coup d’état, he has lost no chance to colour the supporters of the MDP – by far the largest political party in the country – as ‘terrorists’.

It must be noted that the MDP led protests that have continued unabated since February have been largely non-violent, marked by weekly rallies and public forums – and often music, dancing, exhibits, videos, and speeches.

Yet, during the latest raid yesterday, Police again took into custody several MDP leaders, including MDP spokesperson and MP Imthiyaz ‘Inthi’ Fahmy, and a couple of elected MDP councillors. When enraged protesters poured out onto the streets again last night, the Maldives Police Service responded yet again with heavy-handed tactics.

Apparently pleased with this campaign of intimidation, Waheed’s Home Minister Mohamed Jameel Ahmed said on his public twitter account, “I commend the way our MPS attend (sic) Usfasgandu”.

From delaying tactics and misinformation, to harassment and intimidation, Waheed’s regime appears to have played all its cards since February 7th, and yet it is clear that the protesters simply aren’t willing to go back indoors until their demands are met.

The fact of the matter is that the continuing unrest – where a significant percentage of the population feels robbed of their legitimate government in highly questionable circumstances – can only be resolved by free and fair elections, and ensuring justice for the victims of mindless police violence.

These are absolutely essential for the public to restore their confidence in the government and heal the deep rifts with the security forces.

However, thus far, Waheed has shown no inclination to quit his stalling tactics, keep his erring ministers in check, ensure justice is served to the criminals in uniform, or stop his posturing against international bodies like the CMAG, or actually let the public have their say as a way out of the crisis.

Thus, it naturally follows that Waheed is the problem and not the solution – for he and his newly adopted network of Gayoom cronies are exactly what lies between the public and their vote.

To maintain this unsustainable status quo, Waheed has resorted to the same tactics that Gayoom did – namely, taking the Maldives Police Service off their leash and letting them loose upon the public, assigned with the singular task of cracking down on dissent with impunity.

Thus, the regime that was brought to power in a hail of batons, shields and tear gas continues to be sustained by the same ugly means and the country as a whole continues its free-fall into a dissolute police state.

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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Government’s statement that McKinnon endorsed independence of CNI “misleading”: Commonwealth

The Commonwealth has condemned as “misleading” a statement issued to international media by the Maldivian government, claiming that Commonwealth Special Envoy Sir Donald McKinnon had endorsed the Commission of National Inquiry (CNI) as “impartial, credible and broadly acceptable”.

The offending statement was circulated on May 25 using the PR Newswire service, which PR agencies subscribe to in order to widely distribute releases to publications all over the world.

“We welcome Sir Don McKinnon’s support for the Committee of National Inquiry and are delighted that all the concerns expressed by the Commonwealth will be resolved,” the statement quoted President Mohamed Waheed Hassan as saying.

The Commonwealth Secretariat issued a statement on Saturday in response: “Sir Don has not stated that the Commission of National Inquiry as currently constituted is ‘impartial, credible and broadly acceptable’.”

Instead, the government’s efforts to implement a commitment made to the Special Envoy, to strengthen the powers of the CNI and broaden its composition with an international co-chair and nominee of former President Nasheed, “are still ongoing”.

“Indeed, [Sir Donald McKinnon’s] efforts while in Maldives, and since his departure have been focused on achieving that objective, so that a truly impartial, credible and broadly acceptable Commission of National Inquiry can be put in place within the agreed time-frame,” the Commonwealth stated.

‘Coup’ inquiry

The CNI was established by President Waheed to investigate the controversial circumstances that brought him to power on February 7, following what the ousted Maldivian Democratic Party claimed was a coup d’état orchestrated by members of the former 30 year autocracy.

Police and military officers joined opposition demonstrators in an assault on the country’s military headquarters on the morning of February 7, before storming and taking over the state broadcaster.

President Nasheed subsequently resigned on camera, but later claimed this was under duress. In an audio recording obtained by SBS Australia and aired soon after the events, Nasheed is heard pleading with members of the armed forces for the safety of his wife and children.

The day after Nasheed’s resignation, police launched a brutal crackdown on thousands of protesters, in front of Al-Jazeera and other international media.

President Waheed appointed a three member panel to inquire into the legitimacy of his presidency, including Dr Ibrahim Yasir, Dr Ali Fawaz Shareef and Chair Ismail Shafeeu, Defence Minister under former President Maumoon Abdul Gayoom.

The panel was derided by the MDP as lacking independence, a view subsequently shared by the Commonwealth which gave the government a four week deadline to change the composition of the commission to include both a foreign co-chair and a “suitable” nominee to represent Nasheed.

The government agreed to a new June 1 deadline, and then immediately rejected nine of Nasheed’s nominees on the grounds of their “unsuitability”. Conditions imposed by the government included requirements that Nasheed’s appointee not have served in a political position in the past two years, not taken a public stand on the transfer of power, and must “be of good behavior and integrity”.

On Saturday the government issued a second statement – also circulated on PR Newswire – rejecting Nasheed’s latest appointee, Lt. Colonel Zubair Ahmed Manik, whom it argued “does not meet the basic requirement of having an undergraduate degree as per the agreed terms of reference.”

The government expressed “disappointment at former President Nasheed’s continued inability to nominate an appropriate candidate who meets the agreed criteria for inclusion on the Commission of National Inquiry (CNI).”

“The repeated proposal of generally unacceptable candidates by the former President Nasheed suggests a lack of seriousness and willingness to cooperate. The administration has already agreed to change the original terms of reference of the CNI following advice from the Commonwealth and to agree on including a foreign judge as co chair of the CNI,” the government said.

“I suspect this is Ruder Finn at work,” said MDP Spokesperson Hamid Abdul Ghafoor, commenting on the statements put up on PRNewswire. The New York-based PR agency was recently hired by the Maldivian government to counteract negative international media, in a deal thought to be worth US$150,000 a month.

Ghafoor said the MDP had initially demanded equal representation on the CNI panel, and the evening before the announcement was made, had been expecting two: “We got one, and gave up on co-chairing it,” he said.

The conditions imposed by the government were paternalistic and a stalling tactic, he suggested.

“Nobody of sane mind thinks the transfer of power wasn’t suspicious,” Ghafoor said. “This government does not have the moral high-ground to paternalistically prescribe conditions.”

While the situation might appear calm during the negotiations, Ghafoor said tensions on the street and during protests remained high, and that it would not take much for it to combust – “I’ve started seeing signs of impunity [on behalf of police],” he said.

“We are under threat – right now, the Commonwealth is the only thing stopping us from all being arrested,” Ghafoor claimed.

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Comment: Inquiring into the Inquiry

The Commission of National Inquiry (CNI), established under a Presidential decree by Dr Waheed, has been at the centre of much controversy since its inception. The establishment of an inquiry commission after a national crisis can often be seen as a quick win mechanism to demonstrate that the state is addressing people’s demands for answers and justice in lieu of a well functioning judicial system, or it can be a farce.

Waheed, as per usual, went down the farce route. Not so quick nor keen to address issues of legitimacy surrounding his accession to power, but in an effort to subdue national and international pressure (and mainly because of the fact that it wasn’t an early election he was giving into, but a well-staged inquiry) he went ahead with it.

However, if Waheed’s primary motive was to try and placate those ‘questioning’ his position and to stop the MDP from calling for an early election, he has failed. This is due to the individuals he chose to appoint, the terms of reference he assigned, and his coup coalition’s bullheadedness in defending the impartiality of this obviously partial commission. Most of all he failed to note that even those who don’t have the courage to call a coup a coup, – but don’t have anything to lose if it is so concluded – still want to get to the bottom of what happened on 7th February 2012.

Easier said than done, I suppose, when your authority depends solely on the conclusion of the events that took place on a day preceded by a police/military mutiny. While the political bigwigs of the country wheel and deal over the CNI, we must remember that the probable findings of this commission could have huge ramifications for many individuals in involved in this political crisis. The question arises- are we ever going to know what happened on 7/2?

Firstly, for a commission to inquire about a sequence of events as contentious as the ‘questionable transfer of power’, its existence, members and mandate are going to invite controversy. So why shoot it in the foot before it had even got started by appointing Ismail Shafeeu? MDP, CMAG, the wider international community and even ‘Thinvana Adu’ requested Waheed’s administration to ensure that the commission was impartial, and credible. Impartiality, I take to mean as having firstly no political affiliation or as having equal representation by all parties concerned, and secondly, credibility.

The CNI met neither one of these requirements for the almost three months that it was in operation. Time is no doubt crucial to an inquiry of this nature and while it is of an essence to the MDP, it is in the best interests of the Waheed regime for the inquiry to be delayed for as long as possible.

104 days of coup later, you have to wonder, what made Waheed change his mind over the CNI? If they don’t believe the CMAG has any right to a) put Maldives on the agenda or b) any grounds to make these recommendations, why bow down to them? Were some harsh facts made clear to him on his official visit to India? Either way, the gates of the CNI, no matter how reluctantly, have opened, albeit an inch or two. This has resulted in the appointment of a foreign judge as co chair, Nasheed being ‘permitted’ to propose a member to the Commission, and changes to the mandate of the CNI being strengthened, allowing it to summon individuals, accept statements, videos, photos, and most importantly request telecommunication and financial records. These agreements and the resumption of the all-party talks have been hailed as a thaw in national coup politics, and to be fair it is progress, but how much of it is sincere? I know. It’s a naive question, but humour me.

With regards to Nasheed’s representative to the CNI, the public is aware that he has proposed nine names, all of which have been rejected by Waheed’s regime for being too politicised. Nasheed has now been given two weeks to propose an individual to the CNI, who has not served in a political position in the past two years, must not have taken a public stand on the transfer of power, and must be of good behaviour and integrity.

The Commonwealth states that these conditions must apply to all members of the CNI, including ones previously appointed. I wonder what the parameters are for determining good behaviour and integrity, and who in Waheed’s regime decides whether these characteristics are up to par in any individual that Nasheed proposes. Are Waheed and Coup really not going to budge on the case of Ismail Shafeeu – whose stint as Maumoon’s former Defence Minister surely places his ‘integrity’ in question? Forgive me, I forgot this approval of Commission members scenario is a one way street. Coup coalition gets to say the yay and the nay, but MDP do it and they are seen as the uncompromising troublemakers.

Also of confusion is the fact that Waheed earlier stated that he had no role in changes to the composition of the CNI. His Commission members then contradicted this by turning the responsibility back to him. Then we have the fact that Waheed stated that the Prosecutor General is responsible for the Commission, yet all the negotiations and public statements have been given by Attorney General Azima Shukoor, and Home Minister Mohamed Jameel. Speaking of which, who is this all-elusive lawyer to be appointed to the CNI, if Nasheed’s nomination doesn’t meet with the coup coalition’s high approval?

There are also pressing concerns over the amendments to the CNI’s mandate and terms of reference. Although it has not yet been made clear whether the concluding report will still be the opinions of the CNI’s members, or whether the findings can lead to criminal cases, the ability of the Commission to now request phone records and financial statements give it more bite. I wonder how the CNI is ensuring the securing of this information. Are legal requirements going to be placed upon service providers, Dhiraagu and Wataniya, for their cooperation with the CNI? Are all banks operating in the country – notorious for their non-cooperation with the police over previous investigations into alleged corruption – now going to hand over their clients’ financial records without a fuss? And what about the intelligence departments of the Police and the MNDF? How does the CNI confirm that information relevant to the dates of interest to the Commission, obtained by these services has not been destroyed? Or what about officers under oath, who’ve signed confidentiality contracts? Does a summons from the CNI, waive them of the restrictions as applied by these documents? I also cannot get my head around how many of those who will be called upon to give evidence will be doing so without any suspension to their current duties as either law enforcement officers, government officials or civil servants.

Questions, questions, questions, my head is milling with them, and I wait with bated breath to find out Nasheed’s nomination. This individual who is going to have to be the incarnation of all things apolitical and integral in the world. Does such a Maldivian even exist? Someone very special to me who claims that Male’ is the cesspool of humanity would say, probably not. On the other hand, is there a point to all the analysis on the mandate and the members of the CNI? Surely, the findings have already been concluded. Hasn’t the unique Dr Hassan Saeed already alluded to them? There are three possible conclusions – coup/illegal transfer or power, legal transfer of power, or the middle.

I cannot imagine the CNI will conclude it is a coup, considering the fact that there are three members appointed by the coup boss himself on the Commission. Also think about the responsibilities of the international community if it is declared a coup. They’re not going to want the fuss of the Maldives, when they still have Syria, the Eurozone and the Olympics on their plate. Let alone the mess of where Indian High Commissioner Mulay comes into it. It also cannot be concluded as an entirely legal transfer of power, due to the blurry lines around mutinying politicised officers, resignations under duress, opposition politicians celebrating in the Police HQ, hijacking of state media and so on. The politically-easiest conclusion must therefore be the middle.

What will be of further interest is what happens next? What will the conclusions lead to? Criminal cases, blanket amnesties, an exit clause for Waheed, constitutional amendments and of course election dates? No doubt there will be an awful lot of political wrangling over the next few days with regards to the Commission. Political actors on both sides have specific interests. Waheed & Coup will want to seem democratic and budge on certain measures, whereas MDP will want to demonstrate that they are compromising and coming to the table, in order to drive home the importance of early elections. I hope that in the midst of this, civil society groups which claim to be the alternative, ‘third voice’ persist in emphasising that although political stability is important, a CNI that allows for the greatest level of truth and justice is far more essential to the future of the Maldives.

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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Comment: He is not my President

There are few individuals who have lost as much goodwill and respect of democrats in as little time as Dr Mohamed Waheed Hassan Manik.

Among them was his own brother Naushad Waheed Hassan, the former Deputy High Commissioner of the Maldives to the UK, who handed in his resignation letter following the February 7 coup d’état. In a statement, he said “…it is with a heavy heart that I have to say that this is indeed an illegitimate government and I cannot be party to it”.

Maldives Ambassador to the United Nations, Abdul Ghafoor Mohamed, resigned live on air on Al Jazeera, citing “moral and ethical concerns” surrounding the transfer of power. Dr Farahanaz Faizal, the Maldivian High Commissioner to the UK, also tendered her resignation, saying: “They robbed the people of the vote and when I saw the brutality of the police… that was the final straw”.

Over 100 days later, tens of thousands continue to march in protest and express contempt for the man who undid the country’s first democracy.

Coercion

It is hardly a matter of debate that what  transpired on February 7-8, 2012 was a coup d’état.

Indeed, the then Vice President Mohamed Waheed himself claims to have been watching the events unfold on national television as the country descended into chaos.

TV stations were played harrowing videos of police senselessly beating MDP leaders and supporters unconscious on the streets. We saw dramatic footage of police and military personnel, led by Dr Waheed’s brother, storming into and taking over the headquarters of the state broadcaster, as well as ransacking and destroying the MDP party campus.

Online videos show a former military colonel Mohamed Nazim (later appointed Defence Minister), demanding an ‘unconditional resignation’ from the first democratically elected President in the nation’s history.

An amateur video clip showed the alleged coup leaders holed up in the police headquarters along with a former policeman Abdulla Riyaz (who has since been appointed Commissioner of Police) and current Deputy Commissioner Hussain Waheed (who had earlier denied his presence at the scene), showed them hugging and celebrating. Gasim Ibrahim, the businessman leader of Jumhooree Party, was seen remarking that he was relieved it was over “without involving a military takeover”.

PPM Vice President Umar Naseer – a man renowned for speaking exactly more words than necessary – has publicly revealed the existence of a ‘command centre’ and openly boasted at a party gathering that the President’s life was on the line had he not resigned.

Indeed, Australian television SBS Dateline has aired devastating audio clips of an agitated President Nasheed pleading for the safety of his family in return for his resignation. In yet another leaked audio clip, Waheed’s own advisor, DQP leader Dr Hassan Saeed – has termed it a “unique coup”.

The brazen violence against MDP leaders by the regime forces, the arrest warrants issued against Nasheed less than a day of his ouster, and the subsequently leaked audio and video clips leaves no room for doubt that the first democratically elected President of the Maldives was made to resign under duress – in other words, an unambiguous, clear-cut case of a coup d’état.

There is simply no intellectually honest argument that can be made against this.

What remains to be seen is whether the perpetrators of the coup will face justice for their treason, and whether Maldivians will ever get to learn the finer details of the plot that overthrew their first democratically elected government – of how it was conceived, financed and executed.

Uncovering the facts

Whereas governments like India have spectacularly miscalculated their response to the coup d’état, the Commonwealth Ministerial Action Group (CMAG) and EU have been more forthright about their demands from the newly installed regime – early elections, and an independent inquiry.

In what is essentially Napolean hiring a council of pigs to investigate the affairs at the Farm, Waheed put together a three-member ‘independent’ inquiry commission, two of whom served as Cabinet ministers in Gayoom’s former regime, to “investigate” the coup d’etat.

The Commission for National Inquiry (CNI) came under heavy fire from CMAG, which gave the government four weeks to reconstitute the panel to include international experts and a representative acceptable to the MDP, or face the consequences.

A lot of tantrums were thrown in retaliation, with prominent figures allied with the regime ridiculing the Commonwealth body, going so far as to accuse them of accepting bribes. One MP even introduced a bill in Parliament to withdraw from the Commonwealth.

Another MP, Riyaz Rasheed, offered his enlightened opinion that the UK was not, in fact, a democracy, and proceeded to mock the British Queen as “physically challenged” in a bizarre diatribe that would have earned most people a long vacation in a padded room.

Despite the alternating complaints and swagger, the regime finally relented with just a day left on the deadline and agreed to have a Commonwealth approved co-chair on the Inquiry Commission, and also gave an assurance to CMAG that a member nominated by President Nasheed would be appointed.

However, no sooner did the Commonwealth Special Envoy Sir Don McKinnon board his flight than the regime’s obstructive tactics were back in full force.

The regime rejected all nine names proposed by President Nasheed. Instead, Waheed’s Attorney General Azima Shukoor laid out the “conditions” that needed to be met by the nominees, including the demand that they should not have served in a political position in the past two years, and must not have taken a public position on a matter that has been at the centre and forefront of the national debate for over a 100 days.

And if Nasheed doesn’t find such a candidate in less than two weeks, the regime vows to unilaterally appoint a lawyer to fill the spot.

Rewinding the clock

With the delaying tactics in place, the regime has embarked on a series of steps to try and legitimise the power grab.

The government has already hired London-based PR firm Ruder Finn – for an assignment allegedly worth about US$300,000 – to rebuild their image in major Western countries.

Former Attorney General Dr Hassan Saeed, once employed by Gayoom as the ‘reformist’ mask on the his brutal dictatorship, seems destined to forever keep applying lipstick to hideous pigs.

As Waheed’s ‘advisor’, he has been penning a series of articles in the local media, talking about ideals of democracy and state building – a rather weak and laboured point, coming from someone who continues to play lackey to an unrepentant, brutal dictator who has never faced justice for his three decade-long crimes.

The State TV channel, forcibly renamed ‘TVM’ by the vandals on February 7, continues to be known by its Gayoom-era moniker. Gayoom’s children and close associates have all found high ranking positions in the newly formed regime, which Waheed insists is a “continuation” of the former government.

Every major MDP policy – from decentralisation to regional development – has been either reversed or suspended. Boards have been reconstituted, organizations have been abolished, and even the ministries have been reshuffled to closely resemble their Gayoom-era counterparts.

Meanwhile, in another throwback to the despotic Gayoom era, the Waheed regime has engaged in systematically dismantling all avenues of dissent against his government using a heavy handed campaign of intimidation.

Following President Nasheed’s first public appearance following on the coup d’état on February 8, a massive spontaneous protest was crushed with unprecedented police brutality that drew condemnation from international Human Rights organizations like Amnesty International, as well as the local Police Integrity Commission. The regime-appointed Police Commissioner has announced that he will not investigate the mindless violence perpetrated by the police of those days.

After weeks of demonstrations calling for early elections showed no signs of abating, the regime sent in a cavalcade of military and police vehicles to forcibly evacuate and dismantle the protest site, while also rather conveniently recovering boxes of illegal alcohol once the media was out of sight.

In recent days, the regime has indicated its intention to yet again take over the protesters’ new camp, and also usurp the land from the MDP controlled Male’ City Council.

While he has stalled and delayed elections in any way he could, Waheed has been agile and and moved fast to reward the police service with a record number of promotions and has generously increased their headcount by a further 200 staff. He has also paid out generous lump sum awards for years of “pending” allowances to the military forces, in a move that couldn’t hurt his popularity among the uniformed forces.

Waheed has also appeared to be shoring up his Islamist support, sharing a podium with far right Islamist politicians and businessmen, rallying the ‘mujahideen’ behind him in a fiery jihadi speech delivered on February 24.

Waheed’s strategy of using tried and tested Gayoom formula of employing twin pillars of religious paranoia and military force to prop up the regime is increasingly evident.

It is starkly clear that the present regime threatens to rewind the clock back by a decade, undo every progress the country has made since the democratic struggle began long years ago, and return the country back to the hands of the same tyrant whose clutches we had barely escaped.

Every day that an election is delayed is yet another day that the old monster of despotism spreads its tentacles wider.

If the international community fails to make a firm stand to resuscitate the Maldives’ rapidly failing democracy, and ensure justice for the victims, then it will turn out to be an even bigger body blow to Maldivian democrats’ diminishing hopes than Waheed’s betrayal ever was.

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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Government agrees to CMAG demands “with conditions”

The government of the Maldives has agreed to the Commonwealth Ministerial Action Group’s (CMAG) demand to revise the composition of a commission set up to investigate the controversial transfer of power on February 7, but has set conditions for the appointment of a new member to represent ousted President Mohamed Nasheed on the commission.

Attorney General Azima Shukoor said Nasheed’s nominee must not have served in a political position in the past two years or taken a public stand on the transfer of power. Nasheed’s Maldivian Democratic Party (MDP) have challenged the conditions and called them “nonsensical.”

The CMAG in April warned of “stronger measures” against the Maldives if new President Dr Mohamed Waheed Hassan failed to revise the composition and mandate of the Commission of National Inquiry (CNI) by May 16.

The Commonwealth had already suspended the Maldives from the CMAG and placed the Maldives on its formal agenda following Nasheed’s claim that he was ousted in a coup d’état on February 7, carried out by mutinous elements of the police and military.

Speaking to the press on Tuesday with only a day remaining before the CMAG deadline, Shukoor said the CNI will continue to retain the three members appointed by President Waheed, but will now include a Commonwealth-chosen judge as co-chair of the commission and a member representing Nasheed. The government has already accepted a retired Singaporean judge as co-chair, but has rejected nine candidates fielded by Nasheed and given him a two week deadline to fill the post.

Regarding CMAG’s call to revise the CNI’s mandate, Shukoor said a “misunderstanding” had taken place and that the mandate would be “clarified and refined.”

“Nonsensical”

At a press conference immediately following the government’s briefing, MDP Spokesperson Hamid Abdul Ghafoor hailed the government’s decision to revise the CNI composition as “historic”, and said the commission “is now independent.”

However, MDP lawyer and former Youth Minister Hassan Latheef expressed concern over the government’s “nonsensical” conditions for Nasheed’s member. In addition to prohibiting any candidate who had served in a political position and taken a public stand over the transfer of power, the government has also stipulated that the nominee must have “good behavior and integrity.”

Latheef said the latter conditions were “subjective”, and added that if the government required a candidate who had not yet taken a public stand, “then they are saying Dr Waheed will appoint President Nasheed’s representative.”

If Nasheed was not allowed to appoint his own candidate, the opportunity “lacks any sincerity”, Latheef said.

The nine candidates fielded by Nasheed include MP and former MDP chairperson Mariya Ahmed Didi, former Environment Minister Mohamed Aslam, former Youth Minister Hassan Latheef, former Education Minister Shifa Mohamed, former President’s Member on the Judicial Services Commission (JSC) Aishath Velezinee, Nasheed’s cousin Hudha Ahmed, former Airports Company board member Ibrahim Saleem, and former President’s Office political appointee Fareesha Abdulla.

Ghafoor said the MDP had initially asked for three MDP members on the commission for equal representation, but acceded to a foreign co-chair and a member to represent Nasheed because the party “wants the case to proceed and we want a way out of this.”

According to Shukoor, the government rejected Nasheed’s nominees because they included members of his cabinet, his relatives and MDP activists. “The Commonwealth’s concern is that the composition be independent and impartial. Hence, the government believes the inquiry commission cannot proceed with the [nominated] people,” she told reporters.

The MDP initially challenged the independence of the inquiry on the basis that Chair Ismail Shafeeu was previously Defence Minister under former President Maumoon Abdul Gayoom’s government, at a time when systematic torture was being conducted on political prisoners.

Home Minister Mohamed Jameel said he hoped the CMAG would accept the government’s proposal, and said: “We do not believe CMAG’s demand was to appease a certain person. The government and the majority of the public cannot believe these nominees can be impartial.”

The government has given Nasheed a two-week deadline to field an acceptable candidate. If an agreement cannot be reached, then the government will proceed by appointing a lawyer to the seat reserved for Nasheed’s nominee, Shukoor also said.

Terms of reference, elections

Although  CMAG had called for a revision of the CNI mandate, Shukoor said the terms of reference would not be changed, but had been refined.

MDP’s Latheef provided details of the changes to the mandate, claiming the CNI would prioritise an inquiry into whether Nasheed had resigned under duress and the circumstances surrounding the transfer of power.

The CNI’s current mandate stipulates an investigation into the events starting from the detention of Criminal Court Judge Abdulla Mohamed on January 14 until the transfer of power on February 7. The government maintains Nasheed voluntarily resigned following public furor over the judge’s detention.

Furthermore, instead of relying solely on witness statements, the commission would also accept photos, videos, audios, personal bank statements and phone recordings as evidence, Latheef also said.

The CMAG had also called on the Maldives to hold early elections within 2012, but Shukoor reiterated the government’s position that fresh elections could only be held if the inquiry found the transfer of power to be unconstitutional and added that early polls would require a constitutional amendment.

Formal Agenda

In Tuesday’s press briefing, the government also protested against CMAG’s decision to place Maldives on its formal agenda, and said the move contravened the Commonwealth’s mandate and procedures.

Newly-appointed Human Rights and Gender Minister Dhiyana Saeed said the enhanced mandate of the CMAG approved in Perth in October 2011 only allowed the organisation to place a country on its agenda if there was: “(1) unilateral abrogation of a democratic constitution or serious threats to constitutional rule; (2) the suspension or prevention of the lawful functioning of parliament or other key democratic institutions; (3) the postponement of national elections without constitutional or other reasonable justification; and (4) the systematic denial of political space, such as through detention of political leaders or restriction of freedom of association, assembly or expression.”

Saeed claimed that as long as Nasheed’s allegations of coup d’état remained unproven, the CMAG could not activate its mandate to place Maldives on its agenda.

“Given that no allegations have yet been proven and when the Maldivian government is cooperating with an investigation into the allegations, CMAG has placed the Maldives on its formal agenda outside of the CMAG mandate and process,” she told reporters.

Despite the government’s opposition to being placed on the CMAG’s formal agenda, it remained ready to engage with the Commonwealth in finding a political resolution, Saeed said.

The Commonwealth must follow “due process” by establishing whether an unconstitutional transfer of power had taken place before placing Maldives on its agenda, Shukoor added.

“It is our right to be treated according to those principles, no matter how small or vulnerable we are or how serious the allegation against us are,” she said.

Political parties backing President Dr Waheed have called for preemptively withdrawing from the Commonwealth. MPs of the Progressive Party of the Maldives (PPM) and the Dhivehi Qaumee Party (DQP) in April submitted a bill to Majlis to disengage from the Commonwealth.

Waheed is currently in India for an official visit, and has criticized the Commonwealth engagement with the Maldives.

“We used to believe that the Commonwealth was the champion of the smaller nations that extended assistance in every way possible. But to the contrary we witnessed the grouping inclined towards Nasheed, head towards punishing us,” local media reports Waheed as saying.

Despite voicing his disappointment with the 54 nation group, Waheed said that he would not back the proposals to withdraw from the Commonwealth and expected the bill to be dismissed as soon as the Majlis returned from its current recess.

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Waheed secures release of additional US$25million credit during India trip

As President Dr Mohamed Waheed Hassan’s first visit to India nears its end, a joint press release from the two governments has summarised the trip.

“The President of Maldives conveyed appreciation for the release of an instalment of US$ 20 million from the Standby Credit Facility from India in February 2012 as well as the rollover of the US$ 50 million State Bank of India (SBI) Treasury Bonds by a year,” the statement read.

The President of the Maldives also thanked the Prime Minister of India for agreeing to an additional release of US$25 million from the Standby Credit Facility to the Government of Maldives,” it continued.

India extended a US$100million credit facility to the Maldives in November last year with the aim of increasing economic ties between the two countries.

A standby line of credit is normally forwarded to countries which have reached macroeconomic sustainability but experience short term financing issues.

The Maldivian Inland Revenue Authority (MIRA) recently reported that government income has increased 91.8 percent based on the same point in 2011. This increase, however, is expected to be offset by the reduction in customs duties after amendments were made to the import/export legislation last year.

The Majlis finance committee this month revealed that this year’s budget deficit will reach Rf9.1 billion (US$590 million), which is equivalent to 27 percent of GDP.

Today’s joint statement confirmed that all agreements made during the November 2011 visit of Indian Prime Minister Manmohan Singh’s November 2011 visit to the Maldives would be upheld.

“In this context,” the statement continued, “it was agreed to expeditiously implement the projects for renovation of the Indira Gandhi Memorial Hospital in Male and the establishment of the National Police Academy under grants-in aid from India.”

The release also highlighted President Waheed’s gratitude for last year’s extension of a $US40 million line of credit for the construction of 500 housing units.

Prime Minister Singh’s hopes for Indian investment in the Maldives were also mentioned in the joint statement.

“[The Prime Minister] expressed the hope that the Government of Maldives would ensure a climate conducive for the promotion of investments and that the existing projects with Indian investments, including the Male International Airport project, would proceed satisfactorily.”

President Waheed has been meeting with prominent members of the Indian business community during the trip assuring them of the government’s commitment to signed contracts, whilst in the Maldives the dispute over the details of the airport development deal between the government and GMR continues unabated.

Media offensive

Waheed’s first overseas visit since assuming office has been accompanied by extensive international media attention.

President Waheed spoke at length to New Delhi Television (NDTV) on Sunday in an interview that encapsulated all of the topics covered during his media campaign in India. These included the Commonwealth, former President Nasheed, radical Islam, investment, China, and former President Maumoon Gayoom.

Waheed told his interviewer that the fact that the Maldives was a young democracy had not been understood by some of its “international partners”.

“They assumed that Maldives has now embraced democracy and that democracy has arrived, but the early stages of democracy involve many obstacle sand many tendencies that come and haunt us from the past,” said Waheed.

When asked about the possibility of earlier elections he argued that he was willing to move them forward as far as he is able under the terms of the constitution.

“I will support that, but we had an independent elections commission appointed by the parliament. The moment I give a date the Elections Commissioner will come out and say it’s none of your business,” he responded.

Newstrack India and the Indian Express have reported Waheed as saying that no party other than Nasheed’s supported elections any earlier than July 2013.

Asked about the demands of the Commonwealth for early elections, Waheed said “the Commonwealth is not pushing for early elections as vehemently as before, as I believe they understand the situation in the Maldives a little bit better than they did.”

Regarding the Commission of National Inquiry (CNI) and the demands of the Commonwealth for its reformation, he said “we will do whatever is necessary to make everybody feel comfortable”.

“We did the best we could , at the time, to identify three very prominent people in Maldives who are apolitical, who have not been involved in any part politics for the last couple of years and who are well-qualified,” he said.

“I think it would have been proper for the Commonwealth to observe the proceedings of the commission and to understand the terms of reference better before they came to a conclusion about its integrity and impartiality.”

Asked whether he was “bothered” by the meetings between Nasheed and Indian leaders, he said: “No, he is a former president and as a former president it is proper for the Indian government to receive him.”

When the topic of rising Islamism was raised, specifically the inclusion of two Adhaalath members in the cabinet, Waheed said “we have to engage with the Islamic scholars – if we try to isolate people, the situation can get worse.”

He said he was not worried about a growing trend and that any Muslim country was bound to have small extremist elements: “I think it is manageable… people tend to get associated with extremist factions because they don’t have the economic benefits of development.”

Relations with China also came up for discussion, with Waheed offering assurances that there was “no real chance” of the Maldives moving into China’s orbit. “We have a preferential relationship [with India] as our closest neighbour and this is a concern Indians should not be worried about.”

The interviewer also asked why the visit was an official rather than a state visit, to which Waheed responded that this was not significant, saying that he thought the Maldives had requested an official visit.

Regarding the safety of Indian investment in the Maldives, Waheed said that it was common for commercial deals to encounter difficulties and that the country was committed to honouring all deals – “they will remain”, he said.

President Waheed has also claimed in Indian media that his government is a continuation of that of former President Mohamed Nasheed.

IBN-CNN today reported that Waheed had discussed with the governor and chief minister of Maharashtra state. the possibility of Indian companies assisting the Maldives’ in addressing its power deficiencies.

Waheed was asked about India’s stance on the dispute between his supporters and those supporting former president Nasheed.

“India is the world’s largest democracy. I can understand its concern for other democracies. The Maldives is a success story, it’s just that we are very early on in our path to democracy.”

He added that a new system, consisting of elements of a presidential system mixed with elements of a parliamentary democracy, will not always work as smoothly as people would like straight away and will need “refining” and “polishing”.

Asked about the comment attributed to State Minister for Foreign Affairs Dunya Maumoon regarding Indian interference in Maldivian domestic affairs, Waheed said he felt that the comment had been taken out of context.

The interviewer concluded the interview by asking for Waheed’s response to rumours that former President Maumoon Gayoom was influencing his government’s policy.

Waheed explained that Gayoom was still head of a large political party and so, as part of a political process, could not be discounted. He also explained that many parties were represented in his cabinet.

“It is not entirely fair to assume that Gayoom has too much influence in this government,” Waheed claimed.

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