Democratic Consolidation or Reversal

Disturbing Trends under the New Regime

(Report issued by the Dhivehi Qaumee Party (Maldives)

Introduction

“In a preponderance of successful transitions, the most dramatic improvements in freedom tend to come quickly – in the first years of a transition, rather than slowly and incrementally over a long period of time.”  How Freedom is Won: From Civic Resistance to Durable Democracy, Freedom House Study (2005), p.  5

Studies of democratic transitions over the last 30 years show that the most durable democratic foundations are laid by transitions that are achieved by broad coalitions of non-violent civic action. In this sense, the Maldives achieved one of the most auspicious transitions when the 30-year old authoritarian regime of President Gayoom was toppled by a coalition of all those parties who contested the first round of elections against the incumbent.

In the first round of the elections, the incumbent President Gayoom (DRP) obtained 40.63% votes, MrNasheed  (MDP)25.09%, Dr. Hassan Saeed (Independent/New Maldives Movement) 16.78%, and Mr. Qasim Ibrahim (Republican) 15.32% and Mr. Ibrahim Ismail (Social Liberal Party) 0 .078%.

The grand alliance, named the “Patriotic Front”, adopted the manifesto of the MDP, which, in addition to developmental benefits, promised specific gains in governance, such as:

• Clean government,
• Lean government,
• Transparent government,
• Accountable government,
• Judicial independence
• Media freedom
• Law and order and rule of the law
• Rejection of corruption, nepotism, and cronyism will have no place.

With these promises the Patriotic Front was able to convince the citizens to vote for President Nasheed. As a result Nasheed was able to increase his share of the vote from 25.09% in the first round of voting to 54.21% in the second round.

The victory was emphatic, and provided the opportunity to introduce democratic practices, institutions and traditions. The agenda ahead was clearly to consolidate democracy and to improve the quality of life of the people. Democratic consolidation required the faithful implementation of the new Constitution and economic development required the stabilization of public finance which in turn required careful fiscal management.

Four months down the track, there is widespread disquiet over the trends in democratic consolidation and concern over the deteriorating public finances. The country is divided over those who clearly see that need to give more time to the new government and those who are alarmed over the directions that are unmistakable. While provision can and must be made to accommodate political posturing for parliamentary elections and for the impacts of global economic gloom, the political and economic capital gained by the democratic coalition is fast running out.

Instead of widening and strengthening political consensus, the coalition has fragmented. Instead of prudent fiscal management, public finances have spun out of control and national reserves are being depleted at a very rapid rate. The public’s perception of the new leadership is one of incompetence, corruption and arrogance.

All this may be seen to be too hasty, except that studies of democratic transitions highlight two frightful scenarios. One is that the toppling of the dictatorship does not necessarily result in democratic consolidation. The other is that where the transition effectively produced free societies, the changes were evident very early on. Thus, it is proper and rational therefore, calls for patience notwithstanding, to ring the alarm bells as early as possible, so that proper policy and civic action interventions can be made to increase the momentum towards democracy.

It is in this mindset that this paper wishes to make a realistic assessment of where we are, where the country is heading, and whether democracy-deficits are increasing or reducing. The objective of this brief paper is to assess those issues critically.

Manipulation of general election

Old Order

President Gayoom’s30 year old rule was marked by:

a) Electoral irregularities;

b) Widespread rigging;

c) Money politics;

d) Intimidation;

e) Media monopoly;

f) Abuse of government resources;

g) Use of island and atoll chiefs to force citizens to cast positive votes and deny negative voting.

Promised New Order

President Nasheed was most vocal against this order. The Patriotic Front promised to dismantle this system. Have we achieved this? The answer is NO.

President Nasheed, in clear violation of Constitutional provisions, electoral laws, provisions of the Penal Code and anti-corruption laws, that:

“I intend to interfere, not just indirectly but directly, in the upcoming parliamentary elections, and I will do so until the MDP wins”. This he did in a nationally televised MDP rally held in Imaaduddeen School, on the 30^th January 2009.  A day later President’s Special Envoy Mr. Ibrahim Hussein Zaki defended the President’s “right” to interfere in the elections.

On April 17 President Nasheed, while addressing the population of Alifushi in Raa Atoll said “if an MDP-MP requests something (for the constituency) I will do it. But if any opposition MP requests something (for the constituency) I will show how nasty person I am. And you cannot imagine how nasty I can be”.

What President Gayoom did secretly President Nasheed is doing openly. President Nasheed has, indeed, developed a very comprehensive formula to manipulate the upcoming parliamentary elections.

Formula to manipulate election

President Nasheed is using the same tactics as Gayoom did to manipulate the election. Gayoom used island and atoll chiefs to manipulate the election. President Nasheed only changed the names to Island and Atoll Councilors. Today atoll and island councilors have replaced the island and atoll chiefs. Labels have changed but the function remains the same. All the councilors are from MDP. Most of them are MDP street activists without formal education or qualification. Some of them have serious criminal records. Some councilors themselves are candidates while the rest openly admit that their sole function is to ensure that MDP candidates succeed in the parliamentary elections.

Appointment of councilors

Since the introduction of the Civil Service Act in 2007, all Island and Atoll chiefs have come under the purview of the Civil Service thereby preventing them from direct political involvement. This was one of the reasons why Gayoom could not rig the last election. However, one of the first steps President Nasheed took was to appoint Island and atoll councilors. Island and atoll administrations, including island chiefs are subjected to the authority of these councilors. In fact, some of these councilors are MDP candidates in the upcoming Parliamentary election. They shamelessly use State resources for their campaign. Members of the Transparency Maldives have privately raised concerns.

The appointment of Councilors is in clear violation of the letter and spirit of the Constitution. Chapter 8 of the Constitution provides for elected representatives to head island atoll councils. Further Article 298 of the Constitution provides that local council election should be held before 1^st of July 2009. However, the Government is yet to draft this law. All indications are the government has no interest to hold local council election in time so that the government could maintain unelected councilors to head island and atoll councils.

Threats to candidates

1. Mr. Riyaz Rasheed is a Qaumee Party candidate for Th. Atoll Villifushi constituency. He is challenging the MDP parliamentary group chair Mr. Hassan Afeef. Mr. Riyaz has rejected several offers to withdraw his name. These offers were followed by verbal threats. Finally under political pressure the State Trading Organization STO):

1. Reduced credit facilities given to Mr. Riyaz in the past several years.
2. Refused to give credit facility.

STO Chairman Mr Faarooq told Mr. Riyaz and his wife separately that the issue could be resolved if Mr. Riyaz withdraws his name.

2. Mr. Adhil is a Qaumee Party candidate for Seenu Atoll Maradahoo/Maradhoo Feydhoo constituency. Mr. Adhil rejected MDP ticket in favour of Qaumee Party ticket. The government has unilaterally terminated a contract the government entered with Mr. Adhil in 2008. Under the contract the government leased a land to Mr. Adhil for a period of five years to build a workshop and a shop. Another four years of the contract remains.

3. Former Central Bank Governor as well as former Finance Minister, Mr. Abdulla Jihad, was on 13^th February 2009 arrested, questioned and searched by police for suspected drug trafficking during his election campaign trip to GD. Thinadu – another bullying tactic of Gayoom’s that President Nasheed is copying.

4. Some civil servants with government bonds are contesting the elections under opposition ticket. Under the constitution they are allowed to stand for election. The elections commission has accepted their nomination papers. However, senior MDP officials are threatening to use government machineries to disqualify these candidates.

Other threats

Island and atoll councilors are often threatened with dismissal or transfer if they did not support MDP candidates. MDP ministers also issue such threats. For examples, Fisheries and Agricultural Minister Dr. Didi issued such threats during his visit to Addu atoll,  FuahMulah atoll, and Haa Alif atoll.

a)   Center Park, a restaurant in the island of S. Feydhoo, has been feeding members of the armed forces in the atoll. In February 2009 Qaumee Party organized a dinner for key party activists in the island.  First the owner was warned. The very next day notice to terminate the contract was send.

b)   A number of senior staff at the State Electric Company (island branches) who supported DRP have been transferred to other islands. Only those who agreed to join MDP were allowed to stay on in the previous posting. For example Mohamed Latheef (manager) and Ahmed Rasheed (technician) in HaaAlif atoll, Dhiddhoo island were two DRP diehard activists. However, to save their jobs they were forced to join MDP and denounce DRP.

c)   Like Gayoom’s Ministers and island and atoll chiefs, President Nasheed’s Councilors and various MDP ministers have threatened the islanders that they will not receive any developmental benefits unless MDP candidates are elected.

d)   Senior MDP activists and various island officials (including Himmafushi and Thulusdhoo in Male atoll) have threatened civil servants unless they switch to MDP or support MDP candidates.

e)   Threats to civil servants have become so common that the Civil Service Commission had to issue a press release.

f) When press releases and appeals failed to stop the threats, the Civil Service Commission, in a press release on 30^th April 2009 warned that it would take the matter to the Court.

g) The level of threats and intimidation is such that the country’s human rights watchdog – the National Human Rights Commission said that the parliamentary election will not be free and fair.

Abuse of government resources

State resources such as speed boats, government guesthouses, and island and atoll office facilities are used by councilors for MDP candidates’ campaign. Many of these councilors themselves are candidates in the parliamentary elections.  Often MDP candidates travel alongside with the President, Ministers, and senior government officials at state expense.

Lack of Media Freedom and Manipulation of State Media

a) The government media especially Television Maldives and Voice of Maldives, the only two entities having nationwide coverage, does not give access to opposition politicians and political parties. Like President Gayyoom, the entire state media is devoted to promoting President Nasheed and his agenda. The manipulation of the State Media again contravenes Article 23(e) of the Constitution which provides for non-discriminatory access to state media.

b)When Opposition parties organized protest marches calling for media freedom, MDP thugs disrupted the protest.

c) The former regime granted free TV and Radio time to opposition parties even before the election date was announced. However, Nasheed’s government has ruled out access to state media for the Opposition until election date is announced. On 4^th March 2009 Election Commission announced election date (May 9, 2009). However, the government agreed to provide access to state media only from 20^th March. This also subject at a cost of 22,200 rufiyaa per hour for Television Maldives and 10,000 rufiyaa for Voice of Maldives! Only MDP can afford such large amounts of money.

Money politics

Vote buying and selling are widespread. Gayoom did everything to encourage this culture. Close aides and relatives of Gayoom were accused of spending large amounts of money to buy votes. The same culture continues in President Nasheed’s administration. No voter education program is being conducted or planned.

Deterioration of Law and Order

a)   Close to every election, President Gayoom used to release a large number of prisoners. To prevent such abuse, Article 115(s) was added to the Constitution to limit the president’s unfettered discretion in this area. Under this Article, release or pardoning of prisoners is subject to legislation. No such law has been passed. One of first steps President Nasheed took was to release 120 serious criminals from Maafushi prison. This was done between December 1-10. In doing so the President bypassed Parole Board and disregarded clear provisions of the Constitution. Consequently, his own Attorney General declared the action illegal and yet the President refused to review his decision. Law enforcement officials linked the subsequent surge in serious crimes with the release of these prisoners.

b)   Prisons and prisoners remain out of control. Some serious criminals with political links are terrorizing inmates in prisons. Serious bodily injuries have become a daily occurrence. Illicit drugs are widely and openly available in the prison. Video evidence is available implicating senior government and MDP officials. The Maldives Human Rights Commission has expressed serious concern about the prison conditions and the deteriorating law and order situation.

Abuse of State resources

President Gayoom abused state resources to buy support from MPs, NGOs and key individuals. To prevent this, the Public Finance Act was passed. Also Article 250(a) was added to the Constitution. Public Finance Act and Article 250(a) of the Constitution prevent the President from arbitrarily giving loan facilities, grants, or property to individuals, NGOs or MPs. However, President Nasheed has disregarded these statutory and constitutional provisions. Two such examples are cited below.

a) MP for Gaaf Alif atoll is Mr.  Abdulla Jabir, a resort owner and the Deputy leader of the Republican Party. His wife, FathimathDiyanaSaeed, is the current Attorney General. Mr. Jabir won a public bid to buy sub-lease rights of a resort owned by the Maldivian Tourism Development Corporation (MTDC) – a 55% public owned company. The remaining 45% shares belong to the government. It is the largest public shareholding company in the country with more than 23,000 individual shareholders.

Mr. Jabir refused to pay rent to the company. He also asked for reduction in rents and to delay rent payments. President Nasheed, in total disregard of Maldivian Securities Laws and Regulations first appointed Mr. Jabir’s Deputy Mr. Ghafoor to the MTDC board. The Government put enormous pressure – verbally and in writing on MTDC board to decide the matter in favour of Mr. Jabir.

Violation of law plus the rights of 23,000 citizens were scarified in favour of a friend-MP – something we were accustomed to see in Gayyoom’s administration.

b)   President Gayoom gave away state property to buy NGO support. President Nasheed is doing the same. For example, one of the important NGOs in the capital Male is the Care Society. One of its founding members is the current Health Minister, Dr. AminathJameel. She is also the President’s close relative.  On 23^rd January 2009 (at Dharubaaruge, RannabandeyriMaalam), the President announced that he would give a building to the Society – again in violation of the Constitutional and legal provisions of the country.

c)   Fishing vessels and other state property are given away in return for MDP support. For instance, during his visit to Thaa atoll on 29^th January 2009, the President promised to give fishing vessels to several islands (including Gaadhiffushi).

Intimidation of political opponents

When reformists demonstrated against various issues in the country, Gayoom send thugs to confront and disrupt their activities. Key MDP activists have tried to prevent and disrupt every public protest organized against President Nasheed’s policies. Here are a few examples.

a)      Islamic Democratic Party, with tacit approval from the DRP, organized a protest outside the Parliament on 31^st December 2008 against the government’s proposal to extend lease period of resorts. Large number of MDP activists tried to disrupt this peaceful protest.

b)      DRP organized a rally outside the Television Maldives headquarters on 22^nd February 2009 calling for liberalization of state media. President Nasheed responded by sending a large number of MDP street activists to surround President Gayoom’s private residence. Confrontation between President Nasheed’s supporters and President Gayoom’s supporters resulted in several serious injuries.

c)      The Constitution requires the new Parliament to be in session before 1 March 2009. When the Parliament and the Government tried to continue with the old Parliament, the Islamic Democratic Party on 1^st March 2009 organized a public protest outside the Parliament. Again MDP street activists disrupted the protest.

d)      President Gayoom was harassed by MDP street activists during his visit to Himmafushiisland.

e)      Mr. Jaabir is a former MP as well as a critique of President Nasheed.  Government announced its intention to takeover a resort operated by Mr. Jabir. On the night of 9^th June 2009 Mr. Jabir appeared on national television to defend his position with regard to the resort. After the program when Mr. Jabir came out hundreds of MDP activists confronted and threatened him. After three hours of holdup Jabir was able to leave the premise with police escort.

f)       On 10^th June 2009 Mr. Jabir tried to purchase air time from DiTV, one of the two private television stations in the country. Immediately MDP activists, including MP Ricko Musa Manik called the station and threatened to destroy the building if Mr. Jabir was given airtime. That night a large number of MDP activists gathered outside the television station.

Interference with the Judiciary

One of the key concerns about Gayoom’s rule was lack of judicial independence. Until the establishment of the Judicial Service Commission in 2006, judges were subject to dismissal at the whim and fancy of the executive. Judicial independence was one of the key demands of all reformists and citizens alike. Unfortunately, judicial independence seems even more remote under the present administration than the later part of President Gayoom’s rule. Below are a few examples.

a)   The Judicial Services Commission was established by a presidential decree to appoint, dismiss and discipline judges. The new Constitution and the subsequent Judicial Service Act provided proper legal basis for the Commission. However, since President Nasheed assumed office, the Commission has arbitrarily broadened its mandate to include not only appointment and dismissal of judges but also to cover the entire judicial administration. Today, the Commission is more powerful than the Justice Ministry under President Gayoom. Judges, including those of the Supreme Court and the Chief Justice have been summoned to the Commission on a number of occasions. Court opening hours, leave, training, hiring, firing, domestic and international travel are all dictated by the Commission.

b)   The Commission’s Chairman is MDP Parliamentary Group Leader Mr. Hassan Afeef. Any judge who dares to question his authority faces immediate repercussion. For instance, on 4^th February 2009 Chief Judge of Civil Court Mr. Shuaib, was warned, demoted and transferred to the Juvenile Court when he defended the Supreme Court decision in an official meeting with the members of the Judicial Service Commission and senior justice of the judiciary.

c)   On 18^th January 2009 the Supreme Court has given a landmark judgment for the first time in the history of the nation declaring section 21 (e) of the Judicial Service Commission Law as repugnant to the Constitution and therefore unconstitutional.  The said section empowers Judicial Service Commission to run the administrative affairs of the judiciary. The Parliament and the government has refused to enforce the Supreme Court verdict.

d)   The Supreme Court also ruled that new parliamentary election must be held within the time frame stipulated by the constitution. However, once again the parliament and the government rejected to enforce the ruling. In fact, senior MPs associated with the government ridiculed the Justices of the Supreme Court.

e)   In 2006, a total of 18 students were sent to study law and to be trained as judges. This was the first time in the history of the nation that the government had invested in this kind of training for judges. Gayoom’s government had assured these students that they will be appointed to the bench upon return from the International Islamic University, Malaysia. Some of these students have returned. However, the Judicial Service Commission, headed by President Nasheed’s close aide, refused to appoint them as judges. Instead, people with inferior qualifications were appointed to the bench, in clear violation of the provisions of the Constitution as well as international obligations.

f) On the night of June 2, 2009 the newly appointed Attorney General Husun al-Soud blasted the judiciary in an MDP rally held in the artificial beach, capital Male. And on the very next day Mr. Soud held a live press conference in Male in which he blasted justices of the Civil Court as well as the Chief Justice. DRP filed an emergency motion to debate the issue in Parliament on 8^th June 2009.

Undermining key reforms

The biggest reform the new Constitution introduced was to create a more representative and more powerful legislature. The new parliament will consist of only elected MPs and the total number of MPs will increase from 42 to 77. Article 296 of the Constitution requires the election for the parliament to be held before 15^th of February 2009 and the first sitting of the new parliament shall be held before 1^st of March 2009. Following an application by leading lawyers in the country, the Supreme Court declared that election dates stipulated by the Constitution must be respected unless natural forces such as tsunami struck.

However, not only has the government once again disregarded this landmark decision of the country’s highest judicial body but also did everything not to hold the election within the stipulated timeframe. Presidential appointees in the Parliament as well as MDP MPs voted to facilitate the delaying of the election.

The judgment of the Supreme Court and provisions of the Constitution make it clear – that the old parliament has no legal status after 1^st March 2009.

President Nasheed, just before his official visit to Sri Lanka, declared that he would use everything to force the election within the timeframe. However, he conveniently let the deadline pass without doing anything despite the fact that he and his party have an absolute majority in the Parliament.

By doing so President Nasheed has denied the public opportunity to have more representative legislative body. Instead, he preferred to work with the old Parliament where he has 8 appointees, who give him a comfortable majority. Therefore, with an expired parliament, he continues to pass key “laws” including fat pensions for parliamentarians, and pushing for extension of resort leases from 25 years to 50 years.

Good governance

No place for meritocracy

President Gayoom’s30 year old regime was marked by nepotism, cronyism, corruption and wastefulness. During the later part of Gayoom’s rule, only DRP members were given political posts. There were some 500 political posts.

a)   Like President Gayoom, President Nasheed is also giving political posts only to party members and to family members of key party figures.

b)   Most of the island councilors President Nasheed has appointed are MDP street activists, some without any formal education. Some of them even have serious criminal records.

c)   Overwhelming number of board members appointed to various state enterprises are also from MDP.

Government wastefulness

Large number of political appointments

While Gayoom had gathered nearly 500 political appointees by the end of his 30 year rule, political posts in the President Nasheed’s 5 month old government are already close to 500! As a result government expenses have only increased. One of the legacies of the Gayoom era was that per capita GDP wise Maldives was most expensive government in the world. President Nasheed’s actions and decisions only cement this label.

The large contingent of party activists and MPs that accompany President Nasheed in his domestic and international trips is no different from that of President Gayoom’s entourage. For instance, in his trip to Italy a 25 member delegation accompanied the President Nasheed. The team stayed in the most expensive hotel in Milan (Galleria) where even the Italian Prime Minister is not allowed to stay!

Freedom of information

President Gayyoom refused to provide even basic information to political parties, NGOs or even academia so that his government could not be held accountable. To address this issue Article 29 (right to access information) was added to the Constitution. President Gayyoom also signed a presidential decree on right to information to be effective from January 2009.

President Nasheed was one of the strongest advocates of this right. One of the first steps his administration took was to hold workshops and seminars to senior government officials on this right.

However, like President Gayyoom, President Nasheed is also refusing to provide information. For instance, on 25^th February 2009 Qaumee party, under Article 29 of the Constitution, requested details of president Nasheed’s visit (accompanied by 25 member-delegations) to Italy and Vice President Dr. Waheed’s trip to Europe. For three months the government failed even to acknowledge the receipt of those requests. Finally when notice of legal action was served the government gave in and provided the information.

Internet censorship

President Gayyoom blocked some websites like www.dhivehiobserver.com that were critical of his administration. Like Gayyoom, President Nasheed’s administration is also blocking websites that are critical of his administration. For instance, recently in March 2009 the government banned a website called www.raajjeislam.com a day after an audio clip by Foakaidhoo Island Imam Mr. Mohamed Shakeeb alleged that the state minister of Islamic affairs Mohamed Shaheem Ali Saeed had threatened him.

Administrative division of the country

President Nashed’s decision to administratively divide the country into seven provinces with State Ministers appointed to head each province has no legal basis either in Constitution or in Law. It also violates the unitary nature of the nation embodied in Article 2 of the Constitution. President’s own Attorney General has said that this division was unconstitutional. Once again President Nasheed refused to revise his decision.

Economy

a)   As the world economy suffers its worst recession in decades, promises of embarking on infrastructure developments, building thousands of houses on remote and isolated islands, sewerage systems and bridges between different islands have become daily news in the Maldives.

b)   President Nasheed has created numerous State Corporations to attract investments in different parts of the country. All these Corporations have been asked to provide electricity, sewerage and transportation to islanders and in return these corporations directly seek foreign and other investments in these corporations. It is baffling to economists in the country as to how these entities would survive without a broad policy framework or a coherent economic agenda by the government.

c)   There is also fear that under the guise of these corporations, several State properties may be sold off cheaply to foreign parties having special links with MDP officials.

d)   While the tourism industry is the main economic lifeline of this small island nation, the worsening world economy has dealt a huge blow to the Maldives tourism industry.  The industry has already reported a substantial drop in guest arrivals (10% in March), weakening spending power by the guests and in some cases cancellations. All these are worrying signs to the island nation as it tries to survive the worst economic crisis in decades.

e)   Yet, President Nasheed has appointed more State Ministers than anyone else, with several political appointees including Deputy Ministers and Councilors in different parts of the country. He has just a month ago increased the salary of Civil Servants which cost a total of a billion rufiyaa to the Treasury (7/1 of the state revenue).

f) Though several Companies and businesses in the country are suffering and on the verge of collapse, there are no plans or policies by the government for the survival of these businesses and give comfort to these entities. Furthermore, banks in the country have virtually shut themselves from further lending and are sending investors, including resort developers, scurrying abroad to look for alternatives.  The national reserves have depleted to less than a fortnight’s food imports and the country is asking well-wishers to either lend or donate, to which so far India alone has responded generously with 100 million dollars.

g)   President Nasheed however seems oblivious to the economic plight of the nation, or deliberately tries to confuse the public with the talk of mega projects of bridge building and real estate development in islands with less than 90 inhabitants. He further compounds the misery by having unnecessary political appointees with high pay, increasing government employee’s salaries, and unnecessary foreign trips by his administration.

h)   Economists and politicians in the country consider many steps he has taken since becoming the President as reckless and politically motivated and targeted to win the parliamentary election rather than making an honest and genuine case to fixing the enormous tasks facing the nation.

Conclusion

President Nasheed continues to behave like the chairman of his party rather than the chief executive, and is on all out offensive to win a two-thirds majority in the parliament by the use of state resources, monopolizing the state media, intimidating and bullying opponents and squandering the wafer-thin national reserves. Unless the government is held to account for its abuses and restores the rule of the law, the Maldives faces the danger of being another example of a democratic reversal. And unless the government is forced to curb its fiscal excesses and introduce economic rationality, the country could face several years of ruin.

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