Food For Thought

Rule of Law in a Nutshell

"1. People are ruled by laws, not by the arbitrary decisions of an individual or group of individuals
2. Nobody is above the law
3. Nobody is outside of the protection of the law "

Thursday, July 16, 2009

Mourning

It has been quite a while since I wrote something on this blog. It is taking me quite an effort to clean up my rusted work skills, and I find that I am spending a lot of time to re-familiarize myself with the demands of “normal” work which does require certain skills. The shift from politics back to academia is not proving to be smooth. The striking thing I notice is that the frame of mind has to be totally re-aligned to be extremely objective whereas when in politics, the order of the day is somewhat normative. After a marathon 14 hour day, a just find myself too exhausted to start writing again in a completely different frame of mind. Mind you, age is also catching up, I must admit.

Nevertheless, events in the Majlis today, has sent me into shock. That the People’s representatives sitting in the supreme institution of the nation could blatantly break the very laws that they swore to uphold, and do it on public television sent my mind reeling. Battery, assault, call it what you will, is against the law at any place, any time.

But it did not surprise me really. The shock was that it happened in the Majlis. This has been building up for some time now, and it could only culminate in …..

The burning question is, what next? Where are we headed? The social system is disintegrating rapidly, the nation in a whirlpool, the economy at a dead halt, small businesses are closing down, people are losing their jobs, Ramazan is around the corner, food prices are predicted to climb….and the highest institution in the nation is fighting with ghosts…from the past. Some are fearful that some ghosts from the past will haunt them for the rest of their lives, and others are shaking with trepidation that some ghosts just refuse to die and live in ghostdom, and might eat them alive. In between, I am struggling to make ends meet so that my wife and children will not go hungry.

Sad thing is, we all know that nothing will come out of this hullabaloo. The Government knows very well that none from the past regime can ever be tried in a court (that is any of the big shots who committed the crimes) because members of the past regime has enough ammunition in their pockets to keep the Government out of the courts. Yet, there is a burning need for the Government to appease the bloodhounds which stick by them.

I wish the President would concentrate on governing well, the Majlis would stop wasting our money and make some good laws and the Judges would concentrate on delivering Justice.

As I lie in bed tonight, I will be wondering as to what kind of deals are being made behind the fiery smokescreen, in the backrooms of the MDRPA Alliance office.

Tuesday, June 16, 2009

The Sixth Promise

During the second round campaigning of the last Presidential Elections I supported the MDP candidate against the DRP candidate and one of the campaign events I attended was at Nalahiya Building. This particular event was targeted at civil servants. Present at the meeting was MDP candidate Nasheed, his running mate Waheed, and if I remember correctly, also present was Aslam (the current Transport and Housing Minister), along with myself.

One of the purposes of the meeting was to reassure civil servants that they need not fear about losing their jobs with a change in government. That was not going to happen. This reassurance was necessary because MDP had been talking about the high costs of government, and had been promising the people that an MDP government would be mean and lean. There was growing concern amongst civil servants that the civil service would be chopped off to achieve the objective of a “small government”.

I specifically remember the candidate, Nasheed, saying in unequivocal language that the whole objective of the policy was to cut back the number of political appointments, making reference to the number of Ministers and State Ministers, Advisors and other such appointments made by Qayyoom. He assured those present at the meeting that civil servants would remain as they were, and that the political government would be drastically cut back, because a small nation such as the Maldives did not need all these Ministers, State Ministers and Advisors.

This promise was reiterated by the running mate, Waheed in more academic and elaborate language.

Immediately after being sworn in, President Nasheed declared a number of civil servants redundant and appointed 200 “Island Counselors” and 19 “Atoll Counselors” (posts which did not exist in the previous government). The number of Cabinet Ministers were revised somewhat, but the number of State Ministers are on the increase. For the first time in the history of the Maldives, we have resident State Ministers in various parts of the country.

I suppose with the advent of democracy, the size of the nation enlarged overnight.

Then came the coup-de-grace. Along with the Parliamentary Elections, The six promises were reduced to five, and not many even remember the sixth promise : that of a lean government. The only promise which could be completely achieved on the first day of the Nasheed Administration. The one promise, to achieve which, he did not even have to seek authorization from the Majlis or any other institution or person; and was totally at his discretion. The one promise which was very conveniently forgotten and swept under the carpet.

The Maldivian media is laughable. MDP lays out Six Promises to the people, turns around and drops one of them quietly on the wayside and start talking about five promises, and pronto, the media constantly talks about the Five Promises of MDP! Not one of the journalists in this country seems to remember there was a Sixth Promise, let alone what the Sixth Promise was!

I just had to pen this, folks. Lest we forget.

Monday, June 15, 2009

Development or Rule of Law?

“Nobody can rule against LAW, so just by saying rule of law means that you have nothing else to offer” (edu)

Ever since I entered the front line of reform and politics in the Maldives, I have been talking about the necessity of practicing the rule of law. I talked about it in the first “Minivan Bahus” way back in 2004 (it seems like centuries ago now!) and I spoke about it extensively in the last Presidential Elections. I visited every single populated island north of Male’, and some in the south as well, and spoke about it in every single one of those islands.

I have been criticized for getting “too hung up” on this issue. I have been ridiculed for preaching the rule of law “too much”. I have been accused of being an idiot because “the highest priority in the Maldives right now is Development” and I am not talking about that. The last comment on my last Post (Post Election) says it clearly, and that has prompted me to write this Post. I decided to dedicate a separate Post in reply to that comment because I believe that it warrants serious consideration.

In various discussions I had with different people and in debates in Parliament when I was there, and increasingly the stated rhetoric of the current government makes it clear that for some people, there is a certain dichotomy in the two, i.e Rule of Law vis-à-vis Development. Some see the two as two very separate and parallel concepts, while others view one as the anti-thesis of the other. I tend to view the two with a lot of overlap, if not almost synonymous. I certainly believe that Development cannot be achieved without the Rule of Law.

Most of those who believe in this dichotomy do so without analyzing the inextricable links between the two. They see the Rule of Law, or rather should I say the Law itself, in its entirety, as dealing with crime, human rights, social regulation and elections. Of course, if this narrow view of the Law and its application held water, then their view is correct. But unfortunately it doesn’t.

I could expound on the virtues of the Law and the Rule of Law at length, but not here. Let me focus instead, on my main argument, the Rule of Law – Development nexus.

Development is dependent on the growth of commerce and productivity. Commerce and productivity is dependent on willing labour and capital investment. Investors do not invest in environments where there is no certainty of protection for their investments. There are two ways to protect investments. One is to get the protection of powerful individuals and the other is to get the protection of the law. Labour is only willing in an environment where their rights are protected and there is certainty about award wages and remuneration. This can only be guaranteed either through the protection accorded by powerful individuals or through the protection by the law.

If the investors and the labour both seek protection from the same powerful individual, what happens when there is a conflict between the investor and the labour? Would investors want to risk millions of dollars of their money, depending on the good will of an individual?

The solution to these problems lie in the second alternative : both parties should seek the protection of the law. The Rule of Law must prevail for industry to thrive. Industry does not thrive except in a competitive free market. Competitors do not have the room to play in the absence of the rule of law, because if two competitors depended on two powerful individuals for protection, there will not be room for two. The more powerful of the two powerful individuals will eventually triumph and only one will survive.

When I say the Rule of Law here, I am talking about basic things such as : equal opportunity for all, the certainty that certain things will happen in certain ways and that goals can’t be shifted after the ball is struck , that there will be justice delivered without fear or favour in the case of disputes.

Just a week ago, I spoke to a friend of mine from overseas. She spoke about the opportunities for investment in the Maldives, but she was hesitant to engage in investment because she was not convinced that there was a sound enough legal framework and a good enough justice system for her to take that risk. One of the first things that serious investors do when planning an investment is to look at the provisions in the law, and the application of it in the courts. I am certain that if the legal framework in this country is strengthened, and institutions dealing with upholding the law are also strengthened, this will boost the confidence of potential investors…..and ultimately lead to development.

What are the prospects in this regard? Hard to say. I hope the new Majlis, and the Courts with newly gained independence will work towards guaranteeing this important framework. However, the key players in the game are consumed with power consolidation and power grabbing contributing towards deteriorating the strength of the law. I was apalled just last night, at a forum I attended, to hear prominent lawyers, the government spokesman and MPs urging the Prosecutor General to disregard the law for political expediency, of course, in the name of Maslaha. An indication of what is to come?

Following the law is not an easy thing. It does impede the speed of some activities. It even can have unfair consequences at times. But follow it we must. If a particular law is having undesirable consequences through its application, then we must change the law quickly. But until it is changed, it must be followed to the letter, because if not, the whole legal system can be made a mockery at the whim and fancy of various individuals for various purposes. That is why we wrote into the Constitution, in black and white, requirements for the President, the Attorney General, Judges and Independent Commissions to the follow the Constitution and the Law only, at all times.

Therefore, I believe that a system where the Law rules supreme is a pre-condition for proper development, with equitable outcomes, to take place.

My obsession with the Rule of Law stems from my desire for Development and Justice for the people of my country.

Thursday, June 4, 2009

Post Election

Following the Parliamentary Elections, many have asked me about the outcome, both regarding the constituency I contested in, and in more general terms, nationally. I have not commented on either, other than to say that with regard to my own campaign, that I accept the decision of the public.

The first question asked from me by the media was of course, whether the result of the election meant that my political career was over. I was asked the same question over and over again following the Presidential Elections. I sometimes mull over what might happen to a nation if everyone who loses an election left the political stage. How many more politicians would be forthcoming?

The outcome of any election simply means that the public decided in a particular way at that point in time. They are at complete liberty to change their minds and go 180 in the next election. This is more so in parliamentary elections. But it seems to me that for some reason, there are a number of ‘powerful’ people who are rather anxiously waiting for me to declare that I have quit politics.

There is one myth which has been created that in 2005 I was elected to the Majlis by MDP, and therefore, my failure to secure the seat this time was because I left MDP. The wisdom goes on to say I should rejoin MDP to ensure centre stage in the political arena. The fact however is, that I got elected to the Majlis long before political parties became a reality in the Maldives. Selective amnesia, I suppose.

But there is one important question to be addressed in this regard. Do I want to be elected to the Majlis so badly, that I would sell my soul to the devil? If I seek election, why do I seek it? Is it for personal fame and gain, or to work towards achieving certain national goals while still retaining my morality and principles? Would I become part of a farce simply to declare that I am an MP?

There are two paths to the Majlis. One is to see which way the tide is turning, get on the band-wagon which is most likely to win, and sail through. That way, you could be changing loyalties every other day. But the question then is, what do you hope to achieve out of it? The second way is to feel a lot of passion for what you believe in with regard to your nation, convince enough people that what you are trying to do is good for the nation, and get a mandate from those people to act on their behalf in making national decisions. I chose the second path in 2004 and 2005 and again in 2008 and 2009. I succeeded in 2004 and 2005; but I failed in 2008 and 2009.

I failed to convince enough people of Machangolhi Uthuru constituency that the Majlis should be a place which focuses on the national interest rather than be an arena for two individuals to feed their egos via proxies and in the process destroy the nation. I tried, but I failed. Now that I have failed, I must accept the following fact.

The fact is, that the majority of Maldivian people do not want democracy or the rule of law. They just want to empower individuals who will look after their personal interests, and a government which will provide personal opportunities for them at the cost of their neighbour’s opportunities. Feudalism at its best. This is the harsh reality. Corrupt politicians can only succeed in a nation of corrupt or apathetic voters.

The question for me, then is, am I willing to ‘go with the tide’ to win political power? No, Thank you.

Friday, April 17, 2009

Help!

THIS POST IS WRITTEN ONLY FOR THOSE WHO SUPPORT ME IN MY BID TO WIN THE MACHCHANGOLHI UTHURU SEAT.

I formally launched my campaign for Machchangolhi Uthuru seat this evening. When I went there, I went with mixed feelings and some degree of uneasiness as I did not know what kind of reaction to expect. After all, this is increasingly becoming a highly charged election and emotions are starting to ride high.

However, I was pleasantly surprised at the warm and genuine reception I received from the crowd of 200 or 300 people who gathered on Chandhanee Magu. I could feel the sincerity with which I was received. The people who greeted me were simple folk, and almost all of them were from the area. About 90% of those who turned out were eligible voters for the constituency. It gave me a sense of schievement as I could see from the interactions I had with them that they came there to greet me because they truly acknowledged the work I had done both in the Majlis and outside for Reform in the country. Many of them volunteered to work for my campaign, which was most heartening. When I shook hands with them, and saw the genuineness of their feelings, my confidence in being able to win this seat against all the political forces acting against me grew.

So for all readers of my blog who have supported me in my work, and more specifically those who support me for a seat in the Majlis, I have to say this : For the next 20 or so days, I need your help. You may not be eligible to vote in this constituency, but I am sure there is something that everyone of you could do; from a prayer to contacting people you know in the constituency, or if you are in Male', just drop into my office, as there is plenty to do. Hope to hear from you.

Monday, April 6, 2009

Deep Cracks

After 4 years of struggle for Reform in the country, we finally managed to bring about a regime change. Unfortunately, along with the change in government, many seem to have lost sight of what we set out to do : Reforming the country. We have become complacent again. I have said this before many times, and I say it again, deposing Qayyoom was not a panacea. The real work has to begin, before the new government and its supporters succumb totally to the head rush and ecstasy of power and privilege. History is rife with these examples.

The honeymoon is nearly over, President Nasheed. Time to face real life again. For a government which came into power on a platform of reform, the honeymoon can’t be too long. We have to start seeing some real Reform. Reform in Governance.

Continuous bashing of the previous government as an excuse to veil non-performance is wearing thin. As Bob Marley said, “You can fool some people sometimes, but you can’t fool all the people all the time.” We can’t expect the “getting-rid-of-Qayyoom-panacea” to be replaced by “the-five-promises-on-a-bed-of-roses-panacea”. Our society is cracking, has cracked, and we better do something quick before it disintegrates totally.

The economy is worrying. But there are more important things than even the economy. We live in a society which is headed towards a systems break. All the signs of this are there to be seen, only if we care to look in the right direction. Trends in the political arena are driving wedges (thick ones at that) into the cracks and festering the wounds. Unless we quickly take steps, however bitter they may be, to get the public to believe in the system and establish credibility in institutions, the situation looks to worsen.

That senior State Officials would declare blatantly on public television that the government has no intention to follow the Constitution says it all. That particular gentleman appears to believe that the last Presidential Election was a public referendum on whether the Constitution should be replaced by the Five Promises! Oh! God! I wonder what Thy Wisdom was when Thou placed comics amongst us.

After all, maniacs find relief in their lunacy. It gives them the opportunity to reject reality and live in a world of make believe. A world where 50 translates to 12.

Friday, March 13, 2009

Letter

Dear President Nasheed,

I pen this letter to you with a heavy heart. A heart that is weary of seeing the same things repeated in our society, things which are tearing this nation apart.

Our Party, the Liberal Party, joined your Administration at your request, to support you in your pledge to the people of this country to better the country. To contribute to and to take part in a process which would pave the way for good governance; and to work towards eradicating various social ills abounding this nation. However, the lack of a proper consultation process within the “Alliance” has prevented us from taking part in your Administration in a meaningful way.

In this situation, I have tried to reach out to you in numerous ways to put forward my tuppence worth of suggestions to you. I do understand that the President of the country will have mighty little time to spare to listen to the ramblings of a “has been” politician who was able to muster only 1382 votes.

Mr. President. I may not be worth listening to. But listen to the voices of the people of this country. Try to gauge their concerns by listening to them. While a few more Rufiyaas in their pockets will be appreciated by them, there may be even graver concerns. Don’t delude yourself into believing that the last election was concluded on a platform of “5 promises”. The overwhelming emotion of the public was their desperation at the lack of Justice in all its senses.

Mr. President. Are you aware that the root of all problems in this nation is the lack of the rule of law? Do you realize that Qayyoom symbolized the anti-thesis of the whole concept of the rule of law? That he became the object of the loathing of many, including you, because of it? So then, Mr. President what have you done, what are you doing, to establish the rule of law in the country? Do you sincerely believe that putting a few Rufiyaas in people’s pockets is going to bring in order to a chaotic situation? If you do, you have already started to plug holes in a brand new ship just after weighing anchor on its maiden voyage. That was exactly what Qayyoom was doing from his 10th year in office.

The systematic undermining of the rule of law by the previous regime has disgorged the entire social fabric of the country. I need not outline in detail, the woes faced by us. The lawlessness which prevails, the utter disdain for rules and laws, the loss of faith in the justice system which has people believing that they should take the law into their hands and get justice mob-style, the sheer disregard for the human person evident in the mushrooming of pedophiles, rapists and murderers, the increasingly young age of offenders all point to a systems break of the largest magnitude.

Mr. President. The problems, and their extent spells an extreme situation, and extreme situations call for extreme measures. The problems cannot be tackled by the government alone. They can’t be solved by State Officials by themselves. The entire nation has to be mobilized if we are to get out of this hell hole. You can see the reaction of the Mob in relation to efforts by the police to establish the authority of the law. They will come after the Police, the Cabinet, the MPs and any other who will stand in their way. Only the unifying of the Public, across political divisions can combat this evil.

That brings me to the point of this letter, Mr.President. It is only you who can unify the nation on this one. It is your Constitutional duty to do that. The Constitution spells out in black and white that it is your Constitutional duty and obligation to promote unity among the people. You can’t do that by ignoring the majority of the people in this country and just acknowledging people of a certain political membership. You will be deepening the divisions even further.

Mr. President. You are the PRESIDENT of this country, elected by UNIVERSAL SUFFRAGE. You are not the PRIME MINISTER appointed by a majority party in the Majlis. The Maldivian Constitution does not provide for a Prime Minister yet, Mr. President. I remind you, lest you forget.

Sincerely yours in nationhood,

Ibrahim Ismail,
MP for Male’