I hope that the readers of my blog will forgive me for the long silence. Many have actually called me, asking whether I have stopped writing. For those who read regularly, I must tell you that the past week and a half have been a bit of a crisis for me on the personal and family front. Now that things have settled a bit by the Grace of Allah, here we are.
This Post is dedicated to those who can see through con artists for who they are, and are not deluded by their efforts.
confidence game
–noun
any swindle in which the swindler, after gaining the confidence of the victim, robs the victim by cheating at a gambling game, appropriating funds entrusted for investment, or the like.
Also called, British, confidence trick.
Origin: 1855–60, Americanism
Confidence games, or tricks as they are more popularly known, are as old as human civilization, I suppose. My limited experience in the political and power play arenas have certainly exposed me to many of these.
I did a bit of research into the practice of confidence games, and found that for con artists to succeed in their attempts, the fundamentally crucial thing is to gain the confidence and trust of the intended victims. That is, the victims must be coaxed into a frame of mind whereby they completely trust the con artist, and actually believe that the artist is acting in the best interest of the victims, and that the artist has totally altruistic motives and have nothing to gain personally.
In politics, the con artists have to do this on a mass scale. To achieve this, the most commonly used tools are “national interest”, feigned outrage at actions of opponents. Since the adoption of the new constitution, “legal voids” have become versatile tools for con artists.
It amuses me, sometimes, to just watch the antics. During the passing of the Transitional Chapter of the Constitution, I was a lone voice in the Special Majlis when I repeatedly claimed that the ridiculous dates being proposed for elections would not be achievable, and that we should allow more time for the elections. At the time, I was ridiculed by many and accused of working towards my own personal gain. Later on, when legislation was passed regarding Presidential Elections, the entire election was rushed with the argument that there would be a “legal void” if President was not elected by 10 October. The Liberal Party went to the High Court to get the relevant article in the legislation stricken down. The High Court rejected our Party's claim. Later, when the election went “over the date” and was scheduled for 28 October, Husnu Suood and a group of lawyers went to the High Court to have the election called off. This time the High Court ruled it was OK to go past the “deadline” and there would be no void.
In matters of elections, we see MDP, DRP and PA coming together, but they pretend they are adversaries. Leading figures in DRP such as Aneesa and Nasheed have emerged out of the woodworks again, and are claiming national disaster if Parliamentary elections are not held by 15 February. From the MDP, President Nasheed is questioning the validity of the Parliament now, and Mariya Didi is screaming for blood over the issue. Nazim and Yaameen from PA are in the thick of it with MDP and DRP.
For a short time again, MDRPA alliance will be formed, just as it was formed for the Presidential Elections, selecting Elections Commission and the Supreme Court. The whole idea, of course is to eliminate all other political parties and figures from the scene first, and then fight it out among themselves. I say, void my foot, again.
The reality is this. MDP and President Nasheed are making so many blunders that the public are going off them rapidly, and it is in their interest to have the elections quickly before the honeymoon period is over and the situation becomes unsalvageable. DRP has to move quickly before the public and DRP supporters realize that Qayyoom is gone for good, and the real disintegration of DRP starts happening in earnest. PA, of course, wants to make the best of the chaotic situation before the dust settles. Just as Anni’s win in the first round of Presidential Elections depended on the public being convinced that Qayyoom might win, an MDP win in the Parliamentary Elections also depend on the public being conned into believing that DRP may win, and President Nasheed maybe impeached, and therefore, Qayyoom may come back. These con arguments will not be sellable by about April/ May, which will sweep the rug from under MDP, DRP and PA.
It amuses me when Nasheed from DRP talks about constitutional violations when he was in the thick of it to the last minute when Qayyoom violated the Constitution everyday. As for Mariya, she was with Qayyoom and now with President Nasheed when the constitution was being, is being, violated everyday. President Nasheed? I don’t believe he even knows there IS a constitution. So why this sudden yearning for the Constitution?
Majlis has gone into recess. Strike one for the people.
Saturday, December 27, 2008
Thursday, December 11, 2008
Practising Liberty
Different people interpret the concept of liberty in different ways, and some emphasise different aspects more than others. For some, unhindered freedom of movement is of utmost importance. For others it may be the freedom expression which takes precedence over everything else. Yet others may ascribe deep commitment to the freedom of belief, conscience and worship. No matter which way you look at it, most human beings desire freedoms in different forms and varying degrees.
For me, liberty encompasses all those freedoms which will allow humans to live and shape their lives without being hindered by, and without hindering, others. In its purest form, the liberty of each person would allow him or her to do whatever s/he pleases, whenever and wherever s/he pleases to do it. However, the practicalities of social organization place limits and restrictions to this ideal.
The Constitution lists a number of rights and liberties, and Article 16 of the Constitution quite clearly stipulates that the only way to limit or narrow the scope of any of these rights is for Majlis to enact legislation to that effect, and even such legislation should be in line with acceptable practise in democratic societies. So, all Maldivians now have those rights and liberties, guaranteed by the Constitution. Why, then, are not people exercising those liberties to the full? The answer to this question is not all that simple. Among many reasons, I would contend, is that most Maldivians still are not aware of their constitutional rights, and neither are they clear on mechanisms and institutions which will protect their rights for them. Of course, this is notwithstanding the sorry state of these institutions themselves, particularly the Courts, the final arbiter of disputes.
In addition to these reasons are also obstacles emanating from social structures and organization. I would just like to dwell on a couple of these ‘obstacles’.
Anyone familiar with the works of Pierre Bourdieu, Henry Giroux, Anthony Giddens or Frank Parkin would also be familiar with the terms Social and Cultural Capital, Critical Pedagogy, Human Agency and Social Closure. While all these theories are extensive works worthy of discussion by themselves, let me just assert that each of these theories individually and collectively has much to offer in terms of analyzing and understanding the social situation of the Maldives right now. For many, the only consideration in the last Presidential election was ousting Qayyoom. But if we reflect on how Qayyoom sustained power, and what aspects of society and who in society contributed to the hegemony of Qayyoom, the picture of post-Qayyoom Maldives is far from rosy.
In a nutshell, it could be argued that over the years, certain classes had evolved in the Maldives which combined , constituted the ruling class. Initially it was the “beyfulhun” who had a birthright to rule. Maldivian equivalents to feudal lords, I suppose. Then came the merchant classes with the wealth. The first group to mount a challenge on these groups was the “educated” groups which slowly started to come in. Most of the dynamics of change began in earnest in the Qayyoom era. One could say that Qayyoom was the “unfortunate” ruler who had to bear the brunt of this. In the initial years, he quite successfully brought in the challengers through coercion or appeasement, into the folds of the ruling class and successfully closed off entry into the establishment by others. Thus, the Social and Cultural capital were continuously working in favour of the regime.
All this of course, meant that the Agency of people was diminished, and people did not think in terms of the effect on systems by individual action. The entire social machinery was geared to prevent individual action from taking place. As a result, the Reproduction and Maintenance of Class (Marx) was achieved with minimal effort, and the shaping factor was of course the form of society. Let me quote from Giddens :
“Society only has form, and that form only has effects on people, in so far as structure is produced and reproduced in what people do” Conversations with Anthony Giddens (Giddens and Pierson, 1998: 77)
If we view Human Agency as the capacity for human beings to make choices and to impose those choices on the world, how much Agency does the average Maldivian have? Not much.
Let me put this in a nutshell in terms of what is happening now. Resort owners used to back Qayyoom to the hilt. When they saw Qayyoom foundering, they found Hassan Saeed, a newer, fresher, younger Qayyoom who could be manipulated easily, and more importantly, did not have his own power base. When that bid failed, they entered the Alliance via Hassan Saeed, and lo and behold, President Nasheed, who had been lamenting about how the Maldivian People had been disempowered in their own land, and how only a few controlled the wealth of the country decided that one of the first bills he would propose to Majlis would be a bill which would secure the status quo for the backers. On the face of it, I would not oppose to stability and guarantees for investors. But what is happening in reality is that nothing is being extended to the new comers, and therefore, the old guard would now surely close off entry to the new comers. Politically this would serve President Nasheed quite well, because he is also uncertain of new comers, but he has come to understandings with the old guard. A classical application of Parkin, Bourdieu, Giroux and Giddens combined!
Effectively, the Maldivian population will still remain without Agency, and ultimately President Nasheed will also have to bow down to the same forces which tamed Qayyoom.
Which brings me to the practice of liberty issue. How can one practise his or her constitutional liberties when he or she is constrained and restricted by social chains? What is law in the face of social norms? For social norms are, in a sense more powerful than law, because there is acquiescence to norms, and the silence is often deafening.
Writing the Constitution was just the first step. The real work begins now. You cannot even begin to practise your liberties until these social structures have been dismantled. A social re-organizing is essential, and welfare handouts is not going to do the job. Distribution of Wealth by itself will not suffice. Distribution of the Means of Production has to take place. A completely new definition of the Welfare State is called for.
Oh God! Here is the heretic at work again. Damn!
By the way, Eid Mubarak to all.
For me, liberty encompasses all those freedoms which will allow humans to live and shape their lives without being hindered by, and without hindering, others. In its purest form, the liberty of each person would allow him or her to do whatever s/he pleases, whenever and wherever s/he pleases to do it. However, the practicalities of social organization place limits and restrictions to this ideal.
The Constitution lists a number of rights and liberties, and Article 16 of the Constitution quite clearly stipulates that the only way to limit or narrow the scope of any of these rights is for Majlis to enact legislation to that effect, and even such legislation should be in line with acceptable practise in democratic societies. So, all Maldivians now have those rights and liberties, guaranteed by the Constitution. Why, then, are not people exercising those liberties to the full? The answer to this question is not all that simple. Among many reasons, I would contend, is that most Maldivians still are not aware of their constitutional rights, and neither are they clear on mechanisms and institutions which will protect their rights for them. Of course, this is notwithstanding the sorry state of these institutions themselves, particularly the Courts, the final arbiter of disputes.
In addition to these reasons are also obstacles emanating from social structures and organization. I would just like to dwell on a couple of these ‘obstacles’.
Anyone familiar with the works of Pierre Bourdieu, Henry Giroux, Anthony Giddens or Frank Parkin would also be familiar with the terms Social and Cultural Capital, Critical Pedagogy, Human Agency and Social Closure. While all these theories are extensive works worthy of discussion by themselves, let me just assert that each of these theories individually and collectively has much to offer in terms of analyzing and understanding the social situation of the Maldives right now. For many, the only consideration in the last Presidential election was ousting Qayyoom. But if we reflect on how Qayyoom sustained power, and what aspects of society and who in society contributed to the hegemony of Qayyoom, the picture of post-Qayyoom Maldives is far from rosy.
In a nutshell, it could be argued that over the years, certain classes had evolved in the Maldives which combined , constituted the ruling class. Initially it was the “beyfulhun” who had a birthright to rule. Maldivian equivalents to feudal lords, I suppose. Then came the merchant classes with the wealth. The first group to mount a challenge on these groups was the “educated” groups which slowly started to come in. Most of the dynamics of change began in earnest in the Qayyoom era. One could say that Qayyoom was the “unfortunate” ruler who had to bear the brunt of this. In the initial years, he quite successfully brought in the challengers through coercion or appeasement, into the folds of the ruling class and successfully closed off entry into the establishment by others. Thus, the Social and Cultural capital were continuously working in favour of the regime.
All this of course, meant that the Agency of people was diminished, and people did not think in terms of the effect on systems by individual action. The entire social machinery was geared to prevent individual action from taking place. As a result, the Reproduction and Maintenance of Class (Marx) was achieved with minimal effort, and the shaping factor was of course the form of society. Let me quote from Giddens :
“Society only has form, and that form only has effects on people, in so far as structure is produced and reproduced in what people do” Conversations with Anthony Giddens (Giddens and Pierson, 1998: 77)
If we view Human Agency as the capacity for human beings to make choices and to impose those choices on the world, how much Agency does the average Maldivian have? Not much.
Let me put this in a nutshell in terms of what is happening now. Resort owners used to back Qayyoom to the hilt. When they saw Qayyoom foundering, they found Hassan Saeed, a newer, fresher, younger Qayyoom who could be manipulated easily, and more importantly, did not have his own power base. When that bid failed, they entered the Alliance via Hassan Saeed, and lo and behold, President Nasheed, who had been lamenting about how the Maldivian People had been disempowered in their own land, and how only a few controlled the wealth of the country decided that one of the first bills he would propose to Majlis would be a bill which would secure the status quo for the backers. On the face of it, I would not oppose to stability and guarantees for investors. But what is happening in reality is that nothing is being extended to the new comers, and therefore, the old guard would now surely close off entry to the new comers. Politically this would serve President Nasheed quite well, because he is also uncertain of new comers, but he has come to understandings with the old guard. A classical application of Parkin, Bourdieu, Giroux and Giddens combined!
Effectively, the Maldivian population will still remain without Agency, and ultimately President Nasheed will also have to bow down to the same forces which tamed Qayyoom.
Which brings me to the practice of liberty issue. How can one practise his or her constitutional liberties when he or she is constrained and restricted by social chains? What is law in the face of social norms? For social norms are, in a sense more powerful than law, because there is acquiescence to norms, and the silence is often deafening.
Writing the Constitution was just the first step. The real work begins now. You cannot even begin to practise your liberties until these social structures have been dismantled. A social re-organizing is essential, and welfare handouts is not going to do the job. Distribution of Wealth by itself will not suffice. Distribution of the Means of Production has to take place. A completely new definition of the Welfare State is called for.
Oh God! Here is the heretic at work again. Damn!
By the way, Eid Mubarak to all.
Wednesday, December 3, 2008
Scary
In my last Post, I tried to highlight some of the issues with implementing the Constitution and related issues in the emerging new system of governance. From what I observe in Parliament and government machinery, there seem to be more than our fair share of teething problems. Perhaps more than meets the eye?
I have always believed that the benefit we get out of this Constitution will be directly proportional to the strength and integrity of the people sitting on the Supreme Court bench. The reason is quite simple. The government may err, the Parliament may step out of bounds, a trial court judge may be bent, a lawyer corrupt and the high court half asleep, but as long as the Supreme Court is on its toes, most wrongs can be righted. In short, the Supreme Court has the authority to, AND the responsibility of, upholding the Constitution, to the letter, and in its spirit. It is because of this, I made strenuous objections in Parliament when the Speaker was proceeding to ask for a vote on Supreme Court appointments without properly scrutinizing the nominees in Committee as per Parliamentary procedures.
Of course, at that time, when I made those objections in Parliament, demanding for proper scrutiny before confirming Supreme Court judges, everyone accused me of trying to delay the elections because I was an aspiring Presidential candidate. Remember, that was the time when The Void was looming large from above and beneath us. That was when learned men and women, prominent politicians and academics called me the “self proclaimed Thomas Jefferson”.
Anyway, the President nominated the bottom five from a list of eight proposed by the Judicial Services Commission, the Chair of the Judicial Services Commission refused to reveal their findings to Parliament, DRP and PA were falling head over heels to confirm these Judges, MDP and the Republicans staged a fine drama of talking against the appointments and then disappearing from the Majlis when the confirmations came up for vote. A not so fine day in Parliament. One of the worst days in the life of this Parliamentarian. Anyway, if I remember correctly, I was the only one who voted against confirming all five nominations.
Months later, today, comes Supreme Court Ruling number 2008/SC-RU/01. A phantom ruling that no one even asked for. All five Honourable Judges of the Supreme Court took it upon themselves to ask for a ruling from themselves regarding their own power over the entire Judiciary. Surprise, surprise, all five of them unanimously found the motion in their favour. The result? Strike down the article in the Judicial Services Commission Act which gives the JSC the powers to set out administrative procedures in the Courts, and to rule that the Judicial Administrative Services will from today take directives from, and report to, the Supreme Court. Apparently, this was necessary to ensure Judicial Independence. The fact that this effectively compromises the Independence of the Trial and High Court Judges through administrative and budgetary control doesn’t seem to matter.
Where does this leave us? What are its implications? A runaway Supreme Court. The next thing you know, they will take it upon themselves to bring out a ruling that the President and the Parliament should be subject to them. A fine case of Judicial Supremacy if ever there was one. Little do they realize that they have encroached into the powers of the Parliament big time – to amend the Constitution and make legislation. How on earth can the Supreme Court take it upon itself, to define powers for themselves? Bring out a ruling without being asked for one. Where is the precedent for this?
What do we do? Will the JSC and the Parliament have the guts to rein in this runaway Supreme Court and call for the dismissal of all five Judges?
More importantly, HOW MANY MEMBERS OF PARLIAMENT ASSURED THESE FIVE JUDGES THAT A MOTION FOR DISMISSAL WILL NOT GET THE REQUIRED TWO THIRDS MAJORITY? There must be at least 17 who have colluded with the Judges.
Boy, or boy! Am I glad that I did not vote for any one of them on the day of confirmation!
I have always believed that the benefit we get out of this Constitution will be directly proportional to the strength and integrity of the people sitting on the Supreme Court bench. The reason is quite simple. The government may err, the Parliament may step out of bounds, a trial court judge may be bent, a lawyer corrupt and the high court half asleep, but as long as the Supreme Court is on its toes, most wrongs can be righted. In short, the Supreme Court has the authority to, AND the responsibility of, upholding the Constitution, to the letter, and in its spirit. It is because of this, I made strenuous objections in Parliament when the Speaker was proceeding to ask for a vote on Supreme Court appointments without properly scrutinizing the nominees in Committee as per Parliamentary procedures.
Of course, at that time, when I made those objections in Parliament, demanding for proper scrutiny before confirming Supreme Court judges, everyone accused me of trying to delay the elections because I was an aspiring Presidential candidate. Remember, that was the time when The Void was looming large from above and beneath us. That was when learned men and women, prominent politicians and academics called me the “self proclaimed Thomas Jefferson”.
Anyway, the President nominated the bottom five from a list of eight proposed by the Judicial Services Commission, the Chair of the Judicial Services Commission refused to reveal their findings to Parliament, DRP and PA were falling head over heels to confirm these Judges, MDP and the Republicans staged a fine drama of talking against the appointments and then disappearing from the Majlis when the confirmations came up for vote. A not so fine day in Parliament. One of the worst days in the life of this Parliamentarian. Anyway, if I remember correctly, I was the only one who voted against confirming all five nominations.
Months later, today, comes Supreme Court Ruling number 2008/SC-RU/01. A phantom ruling that no one even asked for. All five Honourable Judges of the Supreme Court took it upon themselves to ask for a ruling from themselves regarding their own power over the entire Judiciary. Surprise, surprise, all five of them unanimously found the motion in their favour. The result? Strike down the article in the Judicial Services Commission Act which gives the JSC the powers to set out administrative procedures in the Courts, and to rule that the Judicial Administrative Services will from today take directives from, and report to, the Supreme Court. Apparently, this was necessary to ensure Judicial Independence. The fact that this effectively compromises the Independence of the Trial and High Court Judges through administrative and budgetary control doesn’t seem to matter.
Where does this leave us? What are its implications? A runaway Supreme Court. The next thing you know, they will take it upon themselves to bring out a ruling that the President and the Parliament should be subject to them. A fine case of Judicial Supremacy if ever there was one. Little do they realize that they have encroached into the powers of the Parliament big time – to amend the Constitution and make legislation. How on earth can the Supreme Court take it upon itself, to define powers for themselves? Bring out a ruling without being asked for one. Where is the precedent for this?
What do we do? Will the JSC and the Parliament have the guts to rein in this runaway Supreme Court and call for the dismissal of all five Judges?
More importantly, HOW MANY MEMBERS OF PARLIAMENT ASSURED THESE FIVE JUDGES THAT A MOTION FOR DISMISSAL WILL NOT GET THE REQUIRED TWO THIRDS MAJORITY? There must be at least 17 who have colluded with the Judges.
Boy, or boy! Am I glad that I did not vote for any one of them on the day of confirmation!
Thursday, November 27, 2008
Observations
Among much furore, we wrote a Constitution, which by and large, provided for the practice of democracy in the country. A key feature of the Constitution was that it provided for, and necessitated the separation of the three powers of the state. In addition, it also provided for the establishment and operation for Independent bodies, charged with specific functions.
It might bring some nostalgia to some people to remember the events leading to the famous August 12/13 incident. Prior to the incident, those who became active in the Reform Movement were gathering every night at the east end of Male’, which was the start of the Reform Bon’dibaiy. Remember what that area came to be known as? Yes …. “Thin baaru vaki kuraa sarah’adhdhu”! People were so tuned into the need for the separation of powers. If we were to sum up the sentiments among “rayyithun” those days into a catch cry, it would easily be “separation of powers”. Almost everyday, we were calling for the removal of the appointed 8 or 29 members from the Majlis, and for MP’s who were Ministers to choose one or the other. The underlying rationale was that The Majlis should be free from the Executive, and hence the influence of the President. That the President should not represent any Party as he was the Head of State, and above all, he should not interfere in the business of the Majlis in any way. That the President and the Executive Branch of the State should not try to influence the outcome of the Majlis elections in any way. Beautiful and idealistic sentiments, to say the least.
These are standards and norms followed in democracies. As I understand it, even in the States, though the President is elected on a Party ticket, once he assumes that office, he becomes largely non-partisan. Even in selecting people for key posts, he concentrates on the best that the country has. Partisan politics is by and large confined to the Congress, and the President immerses himself in the task of running the government. As I write this, Barack Obama is getting ready to assume office and putting Team Obama together, and he is not doing it on a partisan basis.
Closer to home, how are things panning out?
Twice, the Speaker of the Majlis, from the Speaker’s Chair has lost all dignity in singing his praise to the President and the Government. The beginning of God knows what is to come. I had hoped that the days of Thanking the Government for simply doing its job, especially form the Speaker’s Chair, had been left behind.
The first thing that the President did after being sworn in was appoint 8 members to the Majlis! Leaving aside breaches of the Constitution, I wonder where we may place this in the rhetoric-ethics-moral nexus.
Members of the Majlis and the Elections Commission are getting so cozy that the Elections Commission wants to put into law things that the Commission has full responsibility and authority to do, and which is clearly out of the mandate of the Majlis as per the Constitution. And all discussions are taking place in the presence of the Attorney General.
The Government is proposing a Federal System for governance, and they have the audacity to expect the Majlis to pass it ( which the Majlis most probably will), when the Constitution quite clearly, and specifically says that the Republic of Maldives is a Unitary State. The justification? The President says that the “people” voted for his manifesto, and therefore it is the will of the “people”.
The President has publicly announced that if he is to carry out his “promises” to the people , the people must give a majority to his Party in the Majlis elections! I am sure that this does not constitute an attempt at influencing the elections.
The Majlis Standing orders are breached everyday because “we have to get these things done quickly”, and therefore let us rubber stamp the Executive’s wishes!
Oh! My God! I had better stop here. I have already committed sacrilege and blasphemy as per the New Religion. It is still early days, and I must give them time. Time to do things properly (or to twist everything up and consolidate power so that it cannot be undone?)
Blimey, here I go again…..but dammit, someone has to say it. Everyone seem to be so bloody starry eyed they can’t see the forest for the trees.
It might bring some nostalgia to some people to remember the events leading to the famous August 12/13 incident. Prior to the incident, those who became active in the Reform Movement were gathering every night at the east end of Male’, which was the start of the Reform Bon’dibaiy. Remember what that area came to be known as? Yes …. “Thin baaru vaki kuraa sarah’adhdhu”! People were so tuned into the need for the separation of powers. If we were to sum up the sentiments among “rayyithun” those days into a catch cry, it would easily be “separation of powers”. Almost everyday, we were calling for the removal of the appointed 8 or 29 members from the Majlis, and for MP’s who were Ministers to choose one or the other. The underlying rationale was that The Majlis should be free from the Executive, and hence the influence of the President. That the President should not represent any Party as he was the Head of State, and above all, he should not interfere in the business of the Majlis in any way. That the President and the Executive Branch of the State should not try to influence the outcome of the Majlis elections in any way. Beautiful and idealistic sentiments, to say the least.
These are standards and norms followed in democracies. As I understand it, even in the States, though the President is elected on a Party ticket, once he assumes that office, he becomes largely non-partisan. Even in selecting people for key posts, he concentrates on the best that the country has. Partisan politics is by and large confined to the Congress, and the President immerses himself in the task of running the government. As I write this, Barack Obama is getting ready to assume office and putting Team Obama together, and he is not doing it on a partisan basis.
Closer to home, how are things panning out?
Twice, the Speaker of the Majlis, from the Speaker’s Chair has lost all dignity in singing his praise to the President and the Government. The beginning of God knows what is to come. I had hoped that the days of Thanking the Government for simply doing its job, especially form the Speaker’s Chair, had been left behind.
The first thing that the President did after being sworn in was appoint 8 members to the Majlis! Leaving aside breaches of the Constitution, I wonder where we may place this in the rhetoric-ethics-moral nexus.
Members of the Majlis and the Elections Commission are getting so cozy that the Elections Commission wants to put into law things that the Commission has full responsibility and authority to do, and which is clearly out of the mandate of the Majlis as per the Constitution. And all discussions are taking place in the presence of the Attorney General.
The Government is proposing a Federal System for governance, and they have the audacity to expect the Majlis to pass it ( which the Majlis most probably will), when the Constitution quite clearly, and specifically says that the Republic of Maldives is a Unitary State. The justification? The President says that the “people” voted for his manifesto, and therefore it is the will of the “people”.
The President has publicly announced that if he is to carry out his “promises” to the people , the people must give a majority to his Party in the Majlis elections! I am sure that this does not constitute an attempt at influencing the elections.
The Majlis Standing orders are breached everyday because “we have to get these things done quickly”, and therefore let us rubber stamp the Executive’s wishes!
Oh! My God! I had better stop here. I have already committed sacrilege and blasphemy as per the New Religion. It is still early days, and I must give them time. Time to do things properly (or to twist everything up and consolidate power so that it cannot be undone?)
Blimey, here I go again…..but dammit, someone has to say it. Everyone seem to be so bloody starry eyed they can’t see the forest for the trees.
Sunday, November 23, 2008
The Living Years
It was with deep sorrow that I heard of President Nasir’s passing away last night. I was sad for many reasons. First and foremost is that President Nasir is someone that I had admired for a long time, and it is he, that I believe, is the person who laid the foundation for the “modern Maldives”. I have said this publicly on a number of occasions. Second is that as a nation, as a people, Maldivians have failed horribly to honour him appropriately. Third is that we never had the opportunity to benefit by his wisdom after he left the Office of the President. He was, and will always remain in the history books as a Great Maldivian, and one who was abandoned by his people in spite of all he had done for them.
One of the first thoughts that occurred to me after President Nasheed was sworn into office was to request him to invite President Nasir back to the country, and to bestow on him the honour that he deserved. President Nasir was, of course, quite ill by then. Nevertheless, the gesture would, I am sure, given him great happiness in his final days.
I hope that President Nasheed will consider restoring on President Nasir the titles of RBK, NGIV which were stripped off from him by the Qayyoom regime. Of course he still holds the title KCMG because the Queen of England never withdrew it from him.
That President Nasir has been brought back to the Maldives for the state burial he has earned should not be seen as an honour on him. Rather, we should be humble enough to admit with humility and gratitude that it is an honour for the country that he did not, in his will and testament leave instructions for him to be buried elsewhere. And we should be thankful to his family that they were gracious enough to allow him to be brought back here for burial, giving us a final chance to at least try to honour him in death.
When I heard news of his passing away, I was reminded of this song from Mike and the Mechanics. I hope that what has happened in the case of President Nasir will force us to re-evaluate our petty feelings towards events in history.
Every generation; Blames the one before; And all of their frustrations; Come beating on your door; I know that I’m a prisoner; To all my father held so dear; I know that I’m a hostage; To all his hopes and fears; I just wish I could have told him; in the living years. Crumpled bits of paper; Filled with imperfect thought; Stilted conversations; I’m afraid that’s all we’ve got; You say you just don’t see it; He says its perfect sense; You just can’t get agreement; In this present tense; We all talk a different language; Talking in defence.
Say it loud, say it clear; You can listen as well as you hear; It’s too late when we die; To admit we don’t see eye to eye; So we open up a quarrel; Between the present and the past; We only sacrifice the future; Its the bitterness that lasts. So don’t yield to the fortunes; You sometimes see as fate; It may have a new perspective; On a different day. And if you don’t give up, and don’t give in; You may just be o.k. Say it loud, say it clear. You can listen as well as you hear. It’s too late ; when we die; To admit we don’t see eye to eye.
I wasn’t there that morning; When my father passed away. I didn’t get to tell him; All the things I had to say. I think I caught his spirit; Later that same year. I’m sure I heard his echo; In my baby’s new born tears. I just wish I could have told him in the living years. Say it loud, say it clear. You can listen as well as you hear. It’s too late when we die. To admit we don’t see eye to eye .
May Allah grant President Nasir rest in his grave, and may Allah forgive him his sins, and may Allah grant him a place in Heaven.
One of the first thoughts that occurred to me after President Nasheed was sworn into office was to request him to invite President Nasir back to the country, and to bestow on him the honour that he deserved. President Nasir was, of course, quite ill by then. Nevertheless, the gesture would, I am sure, given him great happiness in his final days.
I hope that President Nasheed will consider restoring on President Nasir the titles of RBK, NGIV which were stripped off from him by the Qayyoom regime. Of course he still holds the title KCMG because the Queen of England never withdrew it from him.
That President Nasir has been brought back to the Maldives for the state burial he has earned should not be seen as an honour on him. Rather, we should be humble enough to admit with humility and gratitude that it is an honour for the country that he did not, in his will and testament leave instructions for him to be buried elsewhere. And we should be thankful to his family that they were gracious enough to allow him to be brought back here for burial, giving us a final chance to at least try to honour him in death.
When I heard news of his passing away, I was reminded of this song from Mike and the Mechanics. I hope that what has happened in the case of President Nasir will force us to re-evaluate our petty feelings towards events in history.
Every generation; Blames the one before; And all of their frustrations; Come beating on your door; I know that I’m a prisoner; To all my father held so dear; I know that I’m a hostage; To all his hopes and fears; I just wish I could have told him; in the living years. Crumpled bits of paper; Filled with imperfect thought; Stilted conversations; I’m afraid that’s all we’ve got; You say you just don’t see it; He says its perfect sense; You just can’t get agreement; In this present tense; We all talk a different language; Talking in defence.
Say it loud, say it clear; You can listen as well as you hear; It’s too late when we die; To admit we don’t see eye to eye; So we open up a quarrel; Between the present and the past; We only sacrifice the future; Its the bitterness that lasts. So don’t yield to the fortunes; You sometimes see as fate; It may have a new perspective; On a different day. And if you don’t give up, and don’t give in; You may just be o.k. Say it loud, say it clear. You can listen as well as you hear. It’s too late ; when we die; To admit we don’t see eye to eye.
I wasn’t there that morning; When my father passed away. I didn’t get to tell him; All the things I had to say. I think I caught his spirit; Later that same year. I’m sure I heard his echo; In my baby’s new born tears. I just wish I could have told him in the living years. Say it loud, say it clear. You can listen as well as you hear. It’s too late when we die. To admit we don’t see eye to eye .
May Allah grant President Nasir rest in his grave, and may Allah forgive him his sins, and may Allah grant him a place in Heaven.
Saturday, November 15, 2008
Power Pendulum
I had a discussion on the state of affairs in our country with a learned friend the other day. A rare luxury for me these days it is, to engage in academic discourse, devoid of politics. Rarer still is the opportunity for me to engage in conversation with someone who does not have political interests. Hence it was a most refreshing hour and a half for me, just to have a cup of coffee, in a quiet setting, discussing potential opportunities and pitfalls for our country, with someone who had no political interests. Something which my friend said has prompted me to write this Post.
The late Twentieth Century has seen a shifting of power in the world, both in the international arena, as well as in the domestic contexts of nations. The fall of the Soviet Union has triggered a whole series of events in the entire world, the consequences of which are still being played out. Much of the inter-relationships of events and consequences are too profound for me to dwell on. Nevertheless, one thing is obvious : the world order is changing very rapidly.
The immediate “flow on” from the fall of the Soviet Union could be seen in the Eastern and Central European countries. An increased push for the exercising of the people’s will in these countries was most palpable. All these culminated in the “various coloured” revolutions and movements. Sequentially, we could see this wave spreading to the New World and Greater Asia and down to the tiny archipelagic nation in South Asia. Finally, the people of the world, the downtrodden, enslaved, disempowered people of the world were slowly awakening to reality. The hegemony which had controlled the masses of the world was slowly being broken. Human Rights and Democracy were quickly becoming synonymous with bread, butter, rice, curry and even water in many households. Is the New World Order gathering momentum?
If one reviews what has happened, is happening, in Burma, Georgia, the Ukraine, Thailand, Pakistan, Mexico, Cuba, Tibet, China, Myanmar, Bhutan, Nepal, the Maldives, and many other nations in transition to democracy, one may observe one common factor which is driving the dynamics of social aspirations in these countries. It is a rebellion by the people against tyranny, injustice and disempowerment. However, it can easily be argued that while this rebellion has surfaced strongly, the very people who aspire to “something different” may not be awfully clear as to what constitutes the “something different”. As a result, the term democracy now has almost as many meanings and definitions as the number of people who aspire to “something different”.
If one translates these simple aspirations of people into academic language, they want Democracy. They want a system where Government has the power to execute policy for the public good, where the public good is determined by their representatives, and their representatives to act as watch dog over the government. They also want a justice system which is free from bias and undue influence. Together, and in concert, these three powers of the state have to perform to provide the checks and balances which will protect the people from tyranny. Tyranny of the executive, tyranny of the majority in the Legislature and tyranny of authoritarian judges. Excesses from the one will have to be curbed by the other two.
Depending on the socio-political scenario in a country, the pendulum of power shifts slightly from one to the other at times. However, if the shift exceeds the tolerance levels of the system taken as a whole, the system could easily crash. Look at the cases of Pakistan and Thailand. Power has shifted from the Executive to the Judiciary to the Legislature in excessive fashion at various points in time, and the system balance was upset every time. When the three branches of the state fail to balance each other, a fourth power has to intervene, or the space for a fourth power intervention is created and such intervention can easily be justified. This fourth power invariably becomes the military. The cases of Pakistan and Thailand illustrate this amply. The result is disastrous and often quite difficult to reverse. Because power corrupts, and the military is the strongest power. When the strongest power is corrupted, what can anyone do?
Something which has been weighing on my mind is the history and status quo in the Maldives. The Maldivian society still has a strong element of feudalism in it. Except for a brief period during Kilegefanu’s Prime Ministership, and Nasir's Presidency, the country has never even seen a semblance of the rule of law. The last thirty years has left almost indelible marks of an authoritarian executive. The Legislature and the Judiciary were almost non-existent. The Reform Movement has shifted some power to the Legislature. It looks like the next Parliamentary election may bring about even stronger power to the Parliament. However, judging by the way things are going now, I would make a tentative prediction that if MDP wins a majority in Parliament, we will start seeing a weakened Parliament again with too much influence of the President creeping back into Parliament. The Judiciary is extremely weak. Public expectation for good governance is at an all time high. If the Judiciary is not strengthened rapidly and proper independence is not accorded to it, the Pendulum of Power may shift back and forth for a while and settle on one or the other, out of tolerance range again.
The big question is, will the military move in then?
The late Twentieth Century has seen a shifting of power in the world, both in the international arena, as well as in the domestic contexts of nations. The fall of the Soviet Union has triggered a whole series of events in the entire world, the consequences of which are still being played out. Much of the inter-relationships of events and consequences are too profound for me to dwell on. Nevertheless, one thing is obvious : the world order is changing very rapidly.
The immediate “flow on” from the fall of the Soviet Union could be seen in the Eastern and Central European countries. An increased push for the exercising of the people’s will in these countries was most palpable. All these culminated in the “various coloured” revolutions and movements. Sequentially, we could see this wave spreading to the New World and Greater Asia and down to the tiny archipelagic nation in South Asia. Finally, the people of the world, the downtrodden, enslaved, disempowered people of the world were slowly awakening to reality. The hegemony which had controlled the masses of the world was slowly being broken. Human Rights and Democracy were quickly becoming synonymous with bread, butter, rice, curry and even water in many households. Is the New World Order gathering momentum?
If one reviews what has happened, is happening, in Burma, Georgia, the Ukraine, Thailand, Pakistan, Mexico, Cuba, Tibet, China, Myanmar, Bhutan, Nepal, the Maldives, and many other nations in transition to democracy, one may observe one common factor which is driving the dynamics of social aspirations in these countries. It is a rebellion by the people against tyranny, injustice and disempowerment. However, it can easily be argued that while this rebellion has surfaced strongly, the very people who aspire to “something different” may not be awfully clear as to what constitutes the “something different”. As a result, the term democracy now has almost as many meanings and definitions as the number of people who aspire to “something different”.
If one translates these simple aspirations of people into academic language, they want Democracy. They want a system where Government has the power to execute policy for the public good, where the public good is determined by their representatives, and their representatives to act as watch dog over the government. They also want a justice system which is free from bias and undue influence. Together, and in concert, these three powers of the state have to perform to provide the checks and balances which will protect the people from tyranny. Tyranny of the executive, tyranny of the majority in the Legislature and tyranny of authoritarian judges. Excesses from the one will have to be curbed by the other two.
Depending on the socio-political scenario in a country, the pendulum of power shifts slightly from one to the other at times. However, if the shift exceeds the tolerance levels of the system taken as a whole, the system could easily crash. Look at the cases of Pakistan and Thailand. Power has shifted from the Executive to the Judiciary to the Legislature in excessive fashion at various points in time, and the system balance was upset every time. When the three branches of the state fail to balance each other, a fourth power has to intervene, or the space for a fourth power intervention is created and such intervention can easily be justified. This fourth power invariably becomes the military. The cases of Pakistan and Thailand illustrate this amply. The result is disastrous and often quite difficult to reverse. Because power corrupts, and the military is the strongest power. When the strongest power is corrupted, what can anyone do?
Something which has been weighing on my mind is the history and status quo in the Maldives. The Maldivian society still has a strong element of feudalism in it. Except for a brief period during Kilegefanu’s Prime Ministership, and Nasir's Presidency, the country has never even seen a semblance of the rule of law. The last thirty years has left almost indelible marks of an authoritarian executive. The Legislature and the Judiciary were almost non-existent. The Reform Movement has shifted some power to the Legislature. It looks like the next Parliamentary election may bring about even stronger power to the Parliament. However, judging by the way things are going now, I would make a tentative prediction that if MDP wins a majority in Parliament, we will start seeing a weakened Parliament again with too much influence of the President creeping back into Parliament. The Judiciary is extremely weak. Public expectation for good governance is at an all time high. If the Judiciary is not strengthened rapidly and proper independence is not accorded to it, the Pendulum of Power may shift back and forth for a while and settle on one or the other, out of tolerance range again.
The big question is, will the military move in then?
Tuesday, November 4, 2008
The King, The Cat and Rats
Once there lived a King who was extremely scared of Rats. His Palace was infested with the vermin and every time he ventured into the garden he saw these Rats running around and he had to run indoors. Try as he might, he could not rid the Palace of these Rats. Finally, one of his Ministers advised him to employ a Cat to keep the Rats away from him.
He employed a Cat to go wherever he went, and the Cat would snarl at any Rat in sight, and the frightened Rats would runaway. The King was mightily pleased with his new employee and the Cat was given preferential treatment throughout the Palace.
Years went by, and the Cat was growing old. He decided it was time for him to retire, so he went to the King and said the to the King that he wished to retire as he was getting old. The King was a bit upset as he knew that with the Cat out of sight, the Rats would be back to plague him. The Cat then said to the King that he need not worry, as he had a son who was young and energetic and would serve the King well if he employed the Cat’s son. The King agreed, and retired the Old Cat and employed the Young Cat.
The Young Cat started off well, and very soon, he wanted to please his Master even more. He came up with a brilliant idea. Why not chase all the Rats even when the King was not around, and kill all the Rats? That way he would have more time to enjoy his position in the Palace, and the King would be pleased with his vigour and ingenuity. So he went about his task and before long, not a Rat was to be seen in the Palace grounds. The King was very pleased with the Young Cat and praised him and rewarded him.
After some time, the King decided to terminate the Young Cat from his employment because he had no job to attend to as there were no more Rats. The Young Cat was heart broken and went whimpering to his Father and complained about how ungrateful the King was. The Old Cat sighed and said, “Son, don’t you think that I could have killed all the Rats just as easily as you have? Let this be a lesson for you.”
He employed a Cat to go wherever he went, and the Cat would snarl at any Rat in sight, and the frightened Rats would runaway. The King was mightily pleased with his new employee and the Cat was given preferential treatment throughout the Palace.
Years went by, and the Cat was growing old. He decided it was time for him to retire, so he went to the King and said the to the King that he wished to retire as he was getting old. The King was a bit upset as he knew that with the Cat out of sight, the Rats would be back to plague him. The Cat then said to the King that he need not worry, as he had a son who was young and energetic and would serve the King well if he employed the Cat’s son. The King agreed, and retired the Old Cat and employed the Young Cat.
The Young Cat started off well, and very soon, he wanted to please his Master even more. He came up with a brilliant idea. Why not chase all the Rats even when the King was not around, and kill all the Rats? That way he would have more time to enjoy his position in the Palace, and the King would be pleased with his vigour and ingenuity. So he went about his task and before long, not a Rat was to be seen in the Palace grounds. The King was very pleased with the Young Cat and praised him and rewarded him.
After some time, the King decided to terminate the Young Cat from his employment because he had no job to attend to as there were no more Rats. The Young Cat was heart broken and went whimpering to his Father and complained about how ungrateful the King was. The Old Cat sighed and said, “Son, don’t you think that I could have killed all the Rats just as easily as you have? Let this be a lesson for you.”
Sunday, November 2, 2008
Shaneedh
On the 28th of October 2008, the Maldivian people have unequivocally stated their desire for change in this country. Most of the people who voted for Anni probably did not consider what Aneh Dhivehiraajje may look like. While there were five issues proposed in the election by Anni, there really was no comprehensive set of policies on the election agenda. I believe people just wanted a change of government. This was for the simple reason that they had trusted Qayyoom for 30 years and he was not able to make a difference in their lives. Of course, the level of depravity of DRP which was evident in the media in the final few days before voting clinched the deal for change. ANYTHING different from Qayyoom-rule was preferred by most voters.
The last week of campaigning confirmed for me what the result was most likely to be. However, it also made evident that Qayyoom was not prepared to step down whatever the cost. I was expecting turmoil in the country and bloodshed any minute. But by the Grace of Allah, we have been spared from it to a large degree as of now.
While we might like to claim that we achieved change without bloodshed, this claim would be an injustice to the families of the number of innocent victims who lost their lives due to political maneuverings. It all started with the life of Evan Naseem and others who lost their lives in jail. Then came the life of an innocent 14 year old who was killed by a group who came out of a DRP meeting (no one even remembers now that this kid was killed). This violence quickly spread to numerous incidences of violence with cutters, knives, clubs, iron bars…you name it and it was used against people in violence. All these were very quickly dismissed as “gang violence” and “paatey fights”. This was of course, a myth created and sustained by the government. If there was no government involvement in these incidents, why were, why are, the perpetrators still at large?
The last in this series of political violence was another innocent young boy who lost his life. A young lad who did not have an inkling about his destined role in this ruthless game. I wonder what was going through his mind as he set out to distribute those Wathan Edhey Gothah CDs? Was he thinking about a bright future for him and others of his age? Was he wondering about what Aneh Dhivehiraajje would look like? Or maybe he was hoping that he might at least get some decent housing with a new government in place? I suppose we will never know. Ever since I heard the news of his death, I have asked myself a thousand times : what were his final thoughts? Hope? Agony? Despair? Hopelessness?
Ironically, this lad was also attacked by a group who came out of a DRP gathering. The demise and downfall of an authoritarian regime, sandwiched between the violent deaths of two innocent 15 year olds? Life can be so twisted sometimes.
Question is, if people have gone to such lengths over a four year period to deter change and to protect the regime, is there any limit to what the same people will do to hang on to the final threads? In our moment of seeming victory, we may be tempted to turn a blind eye to reality. I have been observing the unfolding drama of Qayyoom and DRP over the past few days, and it is very clear where that drama is leading us. They may say that they have accepted defeat, but their actions and the sequence of events, the sms messages that are being floated around, the rumours that are being spread, reveal a carefully choreographed series of events and activities which is setting the stage for the ultimate denial of election results. If key people in the contingent leave town one after the other in quick succession, that will be the final signal of what is to come.
It is not unusual for the end of these kinds of regimes to be associated with violence. The reason is that the regime gets into a vicious cycle. The have to hang on to power at any cost to prevent negative consequences of actions within the regime. In order to hang on to power, more atrocities have to be committed and so it goes on and on and on. Nelson Mandela broke South Africa out of this cycle by his famous Truth and Reconciliation Council. But maybe, for the Maldives, this may not be an alternative; simply because the community is too small to absorb these kinds of things without ostracisation coming about.
Freedom in most nations has come with a cost. We have already paid heavily for the freedom we have got so far. The final breakaway from servitude will definitely invoke further costs, but I fervently hope that it will not be in the form of further bloodshed, damage to property and a general loss in the sense of security of the Maldivian people.
May Allah protect us all, and may he pardon the sins of Shaneedh and all others who have been the unknowing sacrificial lambs in this unholy ceremony of power transfer. May Allah grant them a place in heaven.
Rest in Peace, Shaneedh, my son. Rest in Peace. How I weep for you and all the others who have been brutally murdered to pacify the wrath of selfishness.
The last week of campaigning confirmed for me what the result was most likely to be. However, it also made evident that Qayyoom was not prepared to step down whatever the cost. I was expecting turmoil in the country and bloodshed any minute. But by the Grace of Allah, we have been spared from it to a large degree as of now.
While we might like to claim that we achieved change without bloodshed, this claim would be an injustice to the families of the number of innocent victims who lost their lives due to political maneuverings. It all started with the life of Evan Naseem and others who lost their lives in jail. Then came the life of an innocent 14 year old who was killed by a group who came out of a DRP meeting (no one even remembers now that this kid was killed). This violence quickly spread to numerous incidences of violence with cutters, knives, clubs, iron bars…you name it and it was used against people in violence. All these were very quickly dismissed as “gang violence” and “paatey fights”. This was of course, a myth created and sustained by the government. If there was no government involvement in these incidents, why were, why are, the perpetrators still at large?
The last in this series of political violence was another innocent young boy who lost his life. A young lad who did not have an inkling about his destined role in this ruthless game. I wonder what was going through his mind as he set out to distribute those Wathan Edhey Gothah CDs? Was he thinking about a bright future for him and others of his age? Was he wondering about what Aneh Dhivehiraajje would look like? Or maybe he was hoping that he might at least get some decent housing with a new government in place? I suppose we will never know. Ever since I heard the news of his death, I have asked myself a thousand times : what were his final thoughts? Hope? Agony? Despair? Hopelessness?
Ironically, this lad was also attacked by a group who came out of a DRP gathering. The demise and downfall of an authoritarian regime, sandwiched between the violent deaths of two innocent 15 year olds? Life can be so twisted sometimes.
Question is, if people have gone to such lengths over a four year period to deter change and to protect the regime, is there any limit to what the same people will do to hang on to the final threads? In our moment of seeming victory, we may be tempted to turn a blind eye to reality. I have been observing the unfolding drama of Qayyoom and DRP over the past few days, and it is very clear where that drama is leading us. They may say that they have accepted defeat, but their actions and the sequence of events, the sms messages that are being floated around, the rumours that are being spread, reveal a carefully choreographed series of events and activities which is setting the stage for the ultimate denial of election results. If key people in the contingent leave town one after the other in quick succession, that will be the final signal of what is to come.
It is not unusual for the end of these kinds of regimes to be associated with violence. The reason is that the regime gets into a vicious cycle. The have to hang on to power at any cost to prevent negative consequences of actions within the regime. In order to hang on to power, more atrocities have to be committed and so it goes on and on and on. Nelson Mandela broke South Africa out of this cycle by his famous Truth and Reconciliation Council. But maybe, for the Maldives, this may not be an alternative; simply because the community is too small to absorb these kinds of things without ostracisation coming about.
Freedom in most nations has come with a cost. We have already paid heavily for the freedom we have got so far. The final breakaway from servitude will definitely invoke further costs, but I fervently hope that it will not be in the form of further bloodshed, damage to property and a general loss in the sense of security of the Maldivian people.
May Allah protect us all, and may he pardon the sins of Shaneedh and all others who have been the unknowing sacrificial lambs in this unholy ceremony of power transfer. May Allah grant them a place in heaven.
Rest in Peace, Shaneedh, my son. Rest in Peace. How I weep for you and all the others who have been brutally murdered to pacify the wrath of selfishness.
Monday, October 27, 2008
The Dream
Years ago, when I was a University student, I had the opportunity to witness democracy in action. I was impressed with what I saw and experienced. Until I arrived in Australia, I had READ about democracy and the rule of law. Even at a theoretical level, I had been taken with the notion of people writing laws for themselves, and then following it, and not be subject to the whim and fancy of a “ruler”. In Australia, I saw it happening. I saw the wishes of the people being impacted at the highest level of government. I saw the Prime Minister being challenged in Parliament and ultimately being ousted. There weren’t any demonstrations or protests or confrontations with the riot police. The people’s will was exercised through democratic institutions. I saw a powerful Senator from the ruling Party being put on the spot because he used a few stamps from his public office to post some letters in his campaign. I saw the Prime Minister being hammered in Parliament everyday by the Opposition leader, but when the Gulf War came, both of them together passed a unanimous resolution in Parliament for Australia’s involvement in the Gulf War. A beautiful case of national interest transcending political lines and divisions. The next day, they were both yelling at each other, and calling each other names in Parliament.
I saw a vote of no confidence passed on a Premier in New South Wales by his own Party based on a report by an Anti-Corruption Commissioner which the Premier himself appointed, but couldn’t dismiss. I saw senior Police Officers charged for violent behaviour against prisoners. Any custodial death was viewed as a national concern and public inquiries were initiated for such occurrences.
I wanted the same process in my country. Is it too much to ask for? Why can’t I dream for it? I started dreaming. I started planning. I started building my resolve. Because I knew it wouldn’t be easy to make it happen in my country. For many reasons. This was way back in 1988.
When I came back to the Maldives, I embarked on my crusade. There were mighty few who believed in what I was preaching then. Only like minded souls such as Anni, GoGo Latheef, Kalhuhuraage Latheef, my late Uncle, Mandhu Mohamed Waheed, my own father, Ismail Naseer, Thaa Member Afeef, Vashafaru Adam AbdulRahman, Ali Hashim (Lintel), Mahamood Raazee and a handful of others talked the same language. For the 20 years I spent in the Civil Service, I was branded as a radical and rebel, someone to be looked at with suspicion because given half a chance, this fellow might upset the apple cart.
We made various attempts at forwarding the Cause. Sangu (weekly), electing Abdulla Kamaluddeen and Mujuthaba to Majlis in 1994, electing Anni to Majlis in 1999. Every effort was successfully thwarted by the regime. If I ever did anything which I regret in my life, it was working in Abdulla Kamaluddin’s campaign in 1994. The only way I can describe what he did is to say that he cuckolded Male’ people.
After Anni was kicked out of Parliament, I realized that we needed more like minded people in Parliament, greater public engagement and international involvement to realize my Dream for my country. So I started preparing myself for that day by working 18 hours a day to save some money so that when the time came and I totally immersed myself in the process, my family could still survive. Just as well I did that. Otherwise I could not have continued the way I have. All my savings are spent now, I am broke, but, Oh! I am just that close to achieving my goal! At least we now have a very good chance of getting there.
While I was working my butt off in preparation for the day, I was also hoping that more and more “educated” people would come and join the fight. But here I was mistaken. Most (NOT all) of the “educated” people of this country have been either aiding and abetting the regime, or watching on the sidelines to see which way the cat would jump, or passing smart ass comments at our efforts at the coffee tables. It has been the “rowdy”, uneducated, lower class “masses” who have sacrificed their time and what little they had left to achieve this Dream. I hail them, every one of them, as the true heroes and heroines who made it happen.
Earning a degree does not necessarily make one an educated person. An educated person, with or without a degree, can distinguish right from wrong. S/he is able to make informed decisions. S/he is able to look beyond hir (his or her) own self and assess the needs of the wider community and make the right judgment to do what is necessary. S/he is able to take a stand, and stick to it, based on what s/he sees as right.
The biggest disappointments are people like Minister Nasheed, who knows all the right words and phrases to utter, but lacks the inner strength to stand up for what he knows is right. Good people like Zahiya Zareer, who, for some unfathomable reason, has succumbed to the status quo, and is actively promoting a regime which will throw this country to the dogs. People like Aishath Mohamed Didi who has thrown away the rights of children and women she has taken oath to protect, to help drag on the injustices against them, by propping up a regime which has systematically ignored crimes against women and children…I wonder to what end? Spineless opportunists like Jihad, who, as MMA Governor, lamented to Majlis members about the state of the economy and bad government policy and actions, and then takes up the post as Minister for Finance and lies to the people on state media to propagate the farce. I name these people because I have worked with them, listened to their views and frustrations, discussed the state of affairs with them. Either they were lying to me then, or they were lying to the public now. When the sons and daughters of a nation, who enjoyed the best opportunities she could afford, at the expense of her other children, turn around and kick her in the back, where will the nation run for cover and protection? If that is not treason, what then is treason?
It is with these thoughts, and a tinge of sadness that I write this Post as we go into the final 16 hours of a process which will tell us whether my Dream will be realized. Or will it be crushed to be served as dessert for a bunch of opportunists who have raped, and will continue to rape this country?
Many Maldivians who want to put Qayyoom back in power justify their decision on the grounds that Anni is not “presidential material” or they are voting to prevent Christianity from taking root in this country. Others claim that “lawlessness” will descend if Anni is elected. These are simply justifications that they present, not really to others, but more to themselves, because deep within themselves they know that Anni will be a better President than Qayyoom any day, that Christianity has taken root in the Maldives under Qayyoom’s watch and this country has not seen a higher degree of lawlessness and a complete disregard for law as has been seen in the last 25 years. Never in the history of this country has the Justice system been so corrupt and impotent as in the last 20 years. Never has the public wealth been raped and abused as in the last 20 years. Maldivian citizens have not been killed and tortured in a systematic fashion in any other era. Territorial integrity of the country has been compromised under Qayyoom’s rule. Sovereignity has been effectively compromised. The country has become a haven for drug abusers and drug traffickers. Prostitution is at an all time high. The country is broke and on the verge of economic collapse. The hard earned savings by civil servants and ordinary people have been put at great risk. And yet these people delude themselves and say “…but I don’t like Anni”.
Wakeup, Maldives. This vote is not about what you like or do not like. You are not in a restaurant, presented with a menu to select what you “like”. We are fighting for the survival of this nation, your nation, your children’s nation. This vote is not about Anni and his looks or capabilities or habits. This is our last chance to turn the country around towards sanity.
It would be fair to say that for the last four years, I have thought reform, I have breathed reform, I have lived reform. All this to realize that Dream I had, I have. I feel a sense of tiredness now. Almost a feeling that my work has been done. I have given it my best shot. I have done what I can. It is now up to my people to realize this Dream for the country.
I have my differences with Anni. But I have even more differences, much more fundamental differences, with Qayyoom. Anni as President will give us the opportunity to establish a democratic system of governance. Qayyoom as President will close all doors for a half decent system of government.
My choice is clear. There really is no choice. On the 28th of October 2008, Maldivians will be presented with Hobson’s choice for electing a President. Should I vote for Anni? Or should I vote for Anni?
After much deliberation, I have decided firmly to vote for Anni.
Oh! Allah! May Thee not turn away from us. May not our efforts and aspirations be in vain. Please deliver us from injustice and cruelty. Please be with us in our hour of need. Protect us, please, Our Lord. Thou art Great and Wise. Praise be to Thee.
I saw a vote of no confidence passed on a Premier in New South Wales by his own Party based on a report by an Anti-Corruption Commissioner which the Premier himself appointed, but couldn’t dismiss. I saw senior Police Officers charged for violent behaviour against prisoners. Any custodial death was viewed as a national concern and public inquiries were initiated for such occurrences.
I wanted the same process in my country. Is it too much to ask for? Why can’t I dream for it? I started dreaming. I started planning. I started building my resolve. Because I knew it wouldn’t be easy to make it happen in my country. For many reasons. This was way back in 1988.
When I came back to the Maldives, I embarked on my crusade. There were mighty few who believed in what I was preaching then. Only like minded souls such as Anni, GoGo Latheef, Kalhuhuraage Latheef, my late Uncle, Mandhu Mohamed Waheed, my own father, Ismail Naseer, Thaa Member Afeef, Vashafaru Adam AbdulRahman, Ali Hashim (Lintel), Mahamood Raazee and a handful of others talked the same language. For the 20 years I spent in the Civil Service, I was branded as a radical and rebel, someone to be looked at with suspicion because given half a chance, this fellow might upset the apple cart.
We made various attempts at forwarding the Cause. Sangu (weekly), electing Abdulla Kamaluddeen and Mujuthaba to Majlis in 1994, electing Anni to Majlis in 1999. Every effort was successfully thwarted by the regime. If I ever did anything which I regret in my life, it was working in Abdulla Kamaluddin’s campaign in 1994. The only way I can describe what he did is to say that he cuckolded Male’ people.
After Anni was kicked out of Parliament, I realized that we needed more like minded people in Parliament, greater public engagement and international involvement to realize my Dream for my country. So I started preparing myself for that day by working 18 hours a day to save some money so that when the time came and I totally immersed myself in the process, my family could still survive. Just as well I did that. Otherwise I could not have continued the way I have. All my savings are spent now, I am broke, but, Oh! I am just that close to achieving my goal! At least we now have a very good chance of getting there.
While I was working my butt off in preparation for the day, I was also hoping that more and more “educated” people would come and join the fight. But here I was mistaken. Most (NOT all) of the “educated” people of this country have been either aiding and abetting the regime, or watching on the sidelines to see which way the cat would jump, or passing smart ass comments at our efforts at the coffee tables. It has been the “rowdy”, uneducated, lower class “masses” who have sacrificed their time and what little they had left to achieve this Dream. I hail them, every one of them, as the true heroes and heroines who made it happen.
Earning a degree does not necessarily make one an educated person. An educated person, with or without a degree, can distinguish right from wrong. S/he is able to make informed decisions. S/he is able to look beyond hir (his or her) own self and assess the needs of the wider community and make the right judgment to do what is necessary. S/he is able to take a stand, and stick to it, based on what s/he sees as right.
The biggest disappointments are people like Minister Nasheed, who knows all the right words and phrases to utter, but lacks the inner strength to stand up for what he knows is right. Good people like Zahiya Zareer, who, for some unfathomable reason, has succumbed to the status quo, and is actively promoting a regime which will throw this country to the dogs. People like Aishath Mohamed Didi who has thrown away the rights of children and women she has taken oath to protect, to help drag on the injustices against them, by propping up a regime which has systematically ignored crimes against women and children…I wonder to what end? Spineless opportunists like Jihad, who, as MMA Governor, lamented to Majlis members about the state of the economy and bad government policy and actions, and then takes up the post as Minister for Finance and lies to the people on state media to propagate the farce. I name these people because I have worked with them, listened to their views and frustrations, discussed the state of affairs with them. Either they were lying to me then, or they were lying to the public now. When the sons and daughters of a nation, who enjoyed the best opportunities she could afford, at the expense of her other children, turn around and kick her in the back, where will the nation run for cover and protection? If that is not treason, what then is treason?
It is with these thoughts, and a tinge of sadness that I write this Post as we go into the final 16 hours of a process which will tell us whether my Dream will be realized. Or will it be crushed to be served as dessert for a bunch of opportunists who have raped, and will continue to rape this country?
Many Maldivians who want to put Qayyoom back in power justify their decision on the grounds that Anni is not “presidential material” or they are voting to prevent Christianity from taking root in this country. Others claim that “lawlessness” will descend if Anni is elected. These are simply justifications that they present, not really to others, but more to themselves, because deep within themselves they know that Anni will be a better President than Qayyoom any day, that Christianity has taken root in the Maldives under Qayyoom’s watch and this country has not seen a higher degree of lawlessness and a complete disregard for law as has been seen in the last 25 years. Never in the history of this country has the Justice system been so corrupt and impotent as in the last 20 years. Never has the public wealth been raped and abused as in the last 20 years. Maldivian citizens have not been killed and tortured in a systematic fashion in any other era. Territorial integrity of the country has been compromised under Qayyoom’s rule. Sovereignity has been effectively compromised. The country has become a haven for drug abusers and drug traffickers. Prostitution is at an all time high. The country is broke and on the verge of economic collapse. The hard earned savings by civil servants and ordinary people have been put at great risk. And yet these people delude themselves and say “…but I don’t like Anni”.
Wakeup, Maldives. This vote is not about what you like or do not like. You are not in a restaurant, presented with a menu to select what you “like”. We are fighting for the survival of this nation, your nation, your children’s nation. This vote is not about Anni and his looks or capabilities or habits. This is our last chance to turn the country around towards sanity.
It would be fair to say that for the last four years, I have thought reform, I have breathed reform, I have lived reform. All this to realize that Dream I had, I have. I feel a sense of tiredness now. Almost a feeling that my work has been done. I have given it my best shot. I have done what I can. It is now up to my people to realize this Dream for the country.
I have my differences with Anni. But I have even more differences, much more fundamental differences, with Qayyoom. Anni as President will give us the opportunity to establish a democratic system of governance. Qayyoom as President will close all doors for a half decent system of government.
My choice is clear. There really is no choice. On the 28th of October 2008, Maldivians will be presented with Hobson’s choice for electing a President. Should I vote for Anni? Or should I vote for Anni?
After much deliberation, I have decided firmly to vote for Anni.
Oh! Allah! May Thee not turn away from us. May not our efforts and aspirations be in vain. Please deliver us from injustice and cruelty. Please be with us in our hour of need. Protect us, please, Our Lord. Thou art Great and Wise. Praise be to Thee.
Sunday, October 26, 2008
Prayer
In the name of Allah, the Beneficent, the Merciful.
All praise be to Thee, Oh! Allah! For Thou art the Lord of the Universe. We thank Thee, for Thou hast been kind to us, and showered us with Thy mercy and gifts. Thou hast brought the whole universe and us into being out of nothing. Thou hast made our difficult journeys bearable and looked upon us in Kindness. Thou hast been with us in our hour of need and guided us when we have strayed. For all this and more, we thank Thee, for without Thine love, we would have perished into nothingness.
Oh! Allah! Thou art Great and Thou Knowest Best. We can only hope to do the right thing and seek Thy Guidance. Thou who hast no beginning and no end. Thou who needs no one and is self sufficient, but without whose blessings we can achieve nothing. Thou who is no offspring of another nor begets an offspring. Thou who is Pureness itself.
May Thy eternal Peace and Blessings be on Mohamed, Thine slave and messenger, and those who followed him and follow him.
Oh! Allah! Only you can save us from the clutches of the madness we find ourselves in. Please save us from this madness and protect us from harm, for Thou art the best of Protectors. Give us the strength, oh! Allah, to stand steadfast against evil, and to triumph over those who seek to oppress us. Purify our hearts and minds, and fill us with peace as we struggle against oppression. Thou hast promised us that Good will Triumph over Evil. Oh! Allah! The day of reckoning is nigh, and please be with us on that day. Do not let us sink into the depths of despair. Thou knowest best what is in our hearts. We seek no mischief, and we only seek to bring in justice amongst us. To clean our society from unjustness and cruelty. To live our lives with freedom. To bring to an end an era of hedonism and oppression.
Oh! Allah! Help us to do what is right and to steer our country in Thine favoured direction.
Allah Almighty! Guide the hearts and minds of our fellow country men and women to see what is right. Let them not be blind on this coming day of reckoning. Give them the courage to do the right thing. Strengthen our resolve to continue our fight against evil. Guide us to Thy Path which is the best of all.
Merciful Allah! Forgive us our sins which we have committed and forgive us for our erroneous ways. Include us among those who have Thine favour on the Day of Judgment and have Mercy on us in our graves.
May Thy Blessings and Peace be upon Mohamed, Thine Messenger, and Praise be to Thee. Amen!
All praise be to Thee, Oh! Allah! For Thou art the Lord of the Universe. We thank Thee, for Thou hast been kind to us, and showered us with Thy mercy and gifts. Thou hast brought the whole universe and us into being out of nothing. Thou hast made our difficult journeys bearable and looked upon us in Kindness. Thou hast been with us in our hour of need and guided us when we have strayed. For all this and more, we thank Thee, for without Thine love, we would have perished into nothingness.
Oh! Allah! Thou art Great and Thou Knowest Best. We can only hope to do the right thing and seek Thy Guidance. Thou who hast no beginning and no end. Thou who needs no one and is self sufficient, but without whose blessings we can achieve nothing. Thou who is no offspring of another nor begets an offspring. Thou who is Pureness itself.
May Thy eternal Peace and Blessings be on Mohamed, Thine slave and messenger, and those who followed him and follow him.
Oh! Allah! Only you can save us from the clutches of the madness we find ourselves in. Please save us from this madness and protect us from harm, for Thou art the best of Protectors. Give us the strength, oh! Allah, to stand steadfast against evil, and to triumph over those who seek to oppress us. Purify our hearts and minds, and fill us with peace as we struggle against oppression. Thou hast promised us that Good will Triumph over Evil. Oh! Allah! The day of reckoning is nigh, and please be with us on that day. Do not let us sink into the depths of despair. Thou knowest best what is in our hearts. We seek no mischief, and we only seek to bring in justice amongst us. To clean our society from unjustness and cruelty. To live our lives with freedom. To bring to an end an era of hedonism and oppression.
Oh! Allah! Help us to do what is right and to steer our country in Thine favoured direction.
Allah Almighty! Guide the hearts and minds of our fellow country men and women to see what is right. Let them not be blind on this coming day of reckoning. Give them the courage to do the right thing. Strengthen our resolve to continue our fight against evil. Guide us to Thy Path which is the best of all.
Merciful Allah! Forgive us our sins which we have committed and forgive us for our erroneous ways. Include us among those who have Thine favour on the Day of Judgment and have Mercy on us in our graves.
May Thy Blessings and Peace be upon Mohamed, Thine Messenger, and Praise be to Thee. Amen!
Sunday, October 19, 2008
Xenophobia
“An unreasonable fear, distrust, or hatred of strangers, foreigners, or anything perceived as foreign or different.”
There are many indicators which can be used to gauge the level of civilization of a society. Among these is the tolerance extended by people towards others who are different from them; different in terms of race, culture, language, faith, beliefs, geographical origin and a whole host of other variables. A respect for differences in others and recognition of rights and liberties of others and embracing divergent thinking are recognized hallmarks of civilized societies.
At a time when the Maldives has announced its embarkation on a journey which aspires for a liberal democracy in the country to be established, the Constitution has been revised drastically to facilitate this transition from an ultra conservative autocracy into a liberal democracy.
Article 36 (c) of the Constitution says “Education shall strive to inculcate obedience to Islam, instil love for Islam, foster respect for human rights, and promote UNDERSTANDING, TOLERANCE and friendship among ALL people.” (emphasis added).
The government, Head of State and all public institutions and officials are ordered by the Constitution to obey what is written in it. This means that all public officials and public institutions are under obligation to foster respect for human rights and promote understanding and tolerance among all people.
When Anni announced his intention of going for a mid-term election, Qayyoom, Azima, Nasheed and all people DRP have been going on and on about Anni’s announcement being against the spirit of the Constitution. It isn’t. But it is amazing that Qayyoom, who is the Head of State and is expected to uphold the Constitution, spirit and all, and the Attorney General who is under obligation to do the same, and all their cronies are blatantly violating the Constitution and international norms by actively promoting disunity within the nation, is looking at dividing the country along political lines and is justifying the creation and propagation of hatred in the name of national interest.
The Head of State is charged by the Constitution of maintaining national unity. Yet he is using state media to create and fuel xenophobia by his preaching of hatred towards all faiths and beliefs other than his version of Islam and hatred towards all foreigners and foreign countries. Is this what we expect from would be leaders of this country who have to take us into the 21st century, where our very survival depends on good relations with other countries and people of other faiths?
I am a Muslim and a Maldivian. I try hard to practise my faith and do what is best for my nation. But I believe that foreigners living on our soil have a right to be treated with dignity and not be subjected to xenophobic hatred. We have invited them to our country and they are playing a crucial role in our national development.
What Qayyoom and his narrow minded followers are doing is not discrediting Anni, for very few Maldivians actually believe that Anni’s agenda is to build a cathedral in Male’. I would not support him if that was what he stood for. It is not just Anni who is the target anymore. What they are doing is far worse. They are inculcating in people’s minds that any one practising a different faith, or all other nations and their people, are to be viewed with suspicion and fear. Xenophobia on a grand scale. How much more insular can one be? After creating this xenophobic mindset, Qayyoom now claims that ALL other politicians and parties other than him and the DRP will promote Christianity in this country. Initially it was just Anni. But the moment the Alliance came together, ALL others in it are included as well. This includes all those Islamic scholars in Adalat Party as well! In effect, he is claiming that he is the only one who can uphold the Islamic faith of the Maldivian people. How sick can one be? The next thing we know, he will be claiming that he is a latter day prophet come to save us all from Jahannam!
Don’t these irresponsible, power hungry, unethical and immoral people realize that they are broadcasting this on state media, and that impressionable children are watching their display of hatred? Don’t they know that they are making indelible marks on fertile and young minds, shaping young minds to fear and hate people of other faiths and nationalities? Oh my God! How far will these people go to cling on to power?
Maldivians have chosen Islam as their religion. But this does not mean that we have to actively promote hatred towards people of different faiths. I believe Maldivians will hold steadfast to their Islamic faith, come what may. We have proved this over the last three decades, even with the engineered erosion of ethics and morals in this society.
Islam does not preach intolerance. In fact, it is quite the opposite. Islam preaches us to be respectful towards others in their choice of faith and to maintain cordial and easy relationships with them. Why else does Islamic Shariah permit Muslim men to marry women from amongst the Ahl-Kithaabees (Jews and Christians)? Qayyoom has publicly declared that he has never used religion as a political weapon. One wonders what degree of self delusion will declare this present DRP propaganda as a defence of Islam?
Maldivians have always welcomed foreigners to our shores, and treated them with hospitality. Foreigners who bore no ill will towards us have always been received well. We have never felt that a Christian or a Jew or a Buddhist or a Hindu who comes and lives amongst us pose any threat to our own faith, because our faith is strong. Today, so many households have people of other faiths living among them. We go out on the street, go into a school, go into a hospital, go into a tea boutique or a café and we meet people from other countries and other faiths. We interact with them daily. None of them challenge our faith. We go to countries which are secular, and which have majority populations who are not Muslims. They do not run after us because we are Muslims or foreigners.
It will be a sad day if Maldivians elect their President on xenophobic grounds. It will be bleak for the future of our country if we elect a leader who is intolerant to views other than his own. That will be the day when we will truly hold the funeral of liberal democracy in this country, before it has even been born.
Damn you, DRP! Don’t try to isolate this country from the rest of the world by imposing your bigotry and insular ideology on our people. Have the guts to face this election on a platform which addresses the real issues facing our country.
My fellow Maldivians! If we do not get rid of this regime now, it will destroy the next three generations, and all right thinking people will be forced to flee this country. Act now. Let go of your apathy and indifference. Embrace the moment and let us all do it together.
Change we can, and Change we shall, Insha Allah.
There are many indicators which can be used to gauge the level of civilization of a society. Among these is the tolerance extended by people towards others who are different from them; different in terms of race, culture, language, faith, beliefs, geographical origin and a whole host of other variables. A respect for differences in others and recognition of rights and liberties of others and embracing divergent thinking are recognized hallmarks of civilized societies.
At a time when the Maldives has announced its embarkation on a journey which aspires for a liberal democracy in the country to be established, the Constitution has been revised drastically to facilitate this transition from an ultra conservative autocracy into a liberal democracy.
Article 36 (c) of the Constitution says “Education shall strive to inculcate obedience to Islam, instil love for Islam, foster respect for human rights, and promote UNDERSTANDING, TOLERANCE and friendship among ALL people.” (emphasis added).
The government, Head of State and all public institutions and officials are ordered by the Constitution to obey what is written in it. This means that all public officials and public institutions are under obligation to foster respect for human rights and promote understanding and tolerance among all people.
When Anni announced his intention of going for a mid-term election, Qayyoom, Azima, Nasheed and all people DRP have been going on and on about Anni’s announcement being against the spirit of the Constitution. It isn’t. But it is amazing that Qayyoom, who is the Head of State and is expected to uphold the Constitution, spirit and all, and the Attorney General who is under obligation to do the same, and all their cronies are blatantly violating the Constitution and international norms by actively promoting disunity within the nation, is looking at dividing the country along political lines and is justifying the creation and propagation of hatred in the name of national interest.
The Head of State is charged by the Constitution of maintaining national unity. Yet he is using state media to create and fuel xenophobia by his preaching of hatred towards all faiths and beliefs other than his version of Islam and hatred towards all foreigners and foreign countries. Is this what we expect from would be leaders of this country who have to take us into the 21st century, where our very survival depends on good relations with other countries and people of other faiths?
I am a Muslim and a Maldivian. I try hard to practise my faith and do what is best for my nation. But I believe that foreigners living on our soil have a right to be treated with dignity and not be subjected to xenophobic hatred. We have invited them to our country and they are playing a crucial role in our national development.
What Qayyoom and his narrow minded followers are doing is not discrediting Anni, for very few Maldivians actually believe that Anni’s agenda is to build a cathedral in Male’. I would not support him if that was what he stood for. It is not just Anni who is the target anymore. What they are doing is far worse. They are inculcating in people’s minds that any one practising a different faith, or all other nations and their people, are to be viewed with suspicion and fear. Xenophobia on a grand scale. How much more insular can one be? After creating this xenophobic mindset, Qayyoom now claims that ALL other politicians and parties other than him and the DRP will promote Christianity in this country. Initially it was just Anni. But the moment the Alliance came together, ALL others in it are included as well. This includes all those Islamic scholars in Adalat Party as well! In effect, he is claiming that he is the only one who can uphold the Islamic faith of the Maldivian people. How sick can one be? The next thing we know, he will be claiming that he is a latter day prophet come to save us all from Jahannam!
Don’t these irresponsible, power hungry, unethical and immoral people realize that they are broadcasting this on state media, and that impressionable children are watching their display of hatred? Don’t they know that they are making indelible marks on fertile and young minds, shaping young minds to fear and hate people of other faiths and nationalities? Oh my God! How far will these people go to cling on to power?
Maldivians have chosen Islam as their religion. But this does not mean that we have to actively promote hatred towards people of different faiths. I believe Maldivians will hold steadfast to their Islamic faith, come what may. We have proved this over the last three decades, even with the engineered erosion of ethics and morals in this society.
Islam does not preach intolerance. In fact, it is quite the opposite. Islam preaches us to be respectful towards others in their choice of faith and to maintain cordial and easy relationships with them. Why else does Islamic Shariah permit Muslim men to marry women from amongst the Ahl-Kithaabees (Jews and Christians)? Qayyoom has publicly declared that he has never used religion as a political weapon. One wonders what degree of self delusion will declare this present DRP propaganda as a defence of Islam?
Maldivians have always welcomed foreigners to our shores, and treated them with hospitality. Foreigners who bore no ill will towards us have always been received well. We have never felt that a Christian or a Jew or a Buddhist or a Hindu who comes and lives amongst us pose any threat to our own faith, because our faith is strong. Today, so many households have people of other faiths living among them. We go out on the street, go into a school, go into a hospital, go into a tea boutique or a café and we meet people from other countries and other faiths. We interact with them daily. None of them challenge our faith. We go to countries which are secular, and which have majority populations who are not Muslims. They do not run after us because we are Muslims or foreigners.
It will be a sad day if Maldivians elect their President on xenophobic grounds. It will be bleak for the future of our country if we elect a leader who is intolerant to views other than his own. That will be the day when we will truly hold the funeral of liberal democracy in this country, before it has even been born.
Damn you, DRP! Don’t try to isolate this country from the rest of the world by imposing your bigotry and insular ideology on our people. Have the guts to face this election on a platform which addresses the real issues facing our country.
My fellow Maldivians! If we do not get rid of this regime now, it will destroy the next three generations, and all right thinking people will be forced to flee this country. Act now. Let go of your apathy and indifference. Embrace the moment and let us all do it together.
Change we can, and Change we shall, Insha Allah.
Saturday, October 18, 2008
Comments
The Post that I wrote entitled “Aftermath” seems to have attracted a lot of comments from readers. The comments were so numerous that I did not even contemplate answering them. I have published every comment that was submitted barring comments with very foul language and comments aimed at other members of the Liberal Party. Those who had read the comments may ask me, were there other comments which were fouler than what was published? The answer is yes. All those chicken DRP supporters who were remaining quiet because they themselves were not confident of the outcome have come out in a storm now. You can imagine what they might have to say. The old saying in Dhivehi “mahaana machchah madiah jehun” comes to mind.
The comments can be broadly distributed into three categories.
One category of comments consisted of derogatory remarks aimed at me, calling on me to “disappear” from the political scene. Of course these commentators did not actually read the Post. If they had, they would have actually known that I had acknowledged my landslide defeat in the Post. Needless to say, these commentators are yet to learn how politics actually work, and that only one person can win an election, but there would be no election if more than one person did not stand up for election. Perhaps this concept is way too complex and complicated for some low intellects to grapple with. Might I also add that losing one election does not necessarily signify political death. Political action is not confined to elections alone. In the final analysis, political survival depends on how well a person is able to command public confidence within a given set of circumstances. Political success depends not on winning an election, but by the degree of influence one can wield on the outcome of national affairs.
The second category of comments consisted of people who expressed continued support to the work that I had been doing, and comments to lend moral support. I thank all those commentators. However, among these, there were many who said that they actually supported me and wanted to vote for me, but decided to vote for some other person because they did not want to “waste” their vote because they believed that I would not be able to make it: a self-fulfilling prophecy. While I do acknowledge the sentiment, let me point out a major fallacy in this argument. In order to highlight the point I want to make, I have put together a table of vote results which will illustrate the argument in numbers. A close look at this table will tell you it was immaterial whom you voted for, as long as it was not Qayyoom. Whether you had voted for Anni, Qasim, Hassan, Umar or I, we would still have gone into a second round because as long as you did not vote for Qayyoom, his percentage would not have changed! I tried to highlight this many times during the election, but the message did not seem to have gone through. For those of you who actually believed in my policies and me, had you voted for me, you would have increased the chances of taking what you believed into the second round, without compromising the first round in favour of Qayyoom!
(Click on the image for enlarged view)
The table paints 4 different scenarios by redistributing the opposition vote amongst opposition candidates and keeping Qayyoom’s vote and the total votes constant. Each scenario gives Qayyoom 41%, but in each scenario, the runner-up is different! This means that regardless of whom you voted for, as long as it was not Qayyoom, we would have gone into a second round, and no vote would have been “wasted”. But this is all water under the bridge now, and I simply presented this to you as an academic point. The fact is, the first round was successful in that we have another chance now to tackle the autocracy at the ballot box. This time we will all be united, we will be stronger, the people have resolved any differences amongst the opposition at the ballot box, and now The Alliance has the PUBLIC MANDATE to challenge autocracy, nepotism, mismanagement, cruelty, corruption, plain thievery and feudalism at the ballot box. For these are the things that Qayyoom represents and signifies.
The third category of comments represented a crafty, but cheap attempt by the DRP to try and influence anyone who may support me to vote against Anni in the second round. They tried to pretend they were ardent MDP supporters and were lashing out against me because I left the MDP. But their attempts will be in vain. It is so transparent it veils less than a see-through night gown! Don’t they know that even those who don’t support me, those who did not vote for me, have nothing against me personally? It is only hard core DRP supporters who could hate me so much because I have played a part in destroying the very foundation of the evil castle within which they reside. The MDP won a place in the second round, for God’s sake. Why would they waste their energies targeting me when they have the second round to focus on? Silly, silly geese! Try your low level intellect on your patrons. They will match your IQ and methods.
To the 1381 Maldivians who voted for me, and the people who voted for Qasim, Hassan and Umar, I have this to say. You tried your best to get your candidate elected. But all 4 of us are now out of the election. None of us has a chance of beating Qayyoom in this election. But Anni still has a very good chance of doing that. And I see his chances growing every day, and growing very rapidly. Now is the time to really do something for your nation, yourself and your off springs. Don’t get apathetic because your choice candidate lost the election. Get active. Gather resolve. Make sure that you have your say. Don’t stay at home without voting to kick yourself for the rest of your life if Anni loses by just one vote. Would you be able to live with the knowledge that your vote could have made the difference as to whether good or evil prevails in our nation?
Don’t get caught up in all the negative campaigning against Anni. I refer to Christianity, Anni is not Presidential material, Anni is an activist, Anni is a drug addict, Anni drinks, Anni this, Anni that……this election is no longer about Anni. Anni as a person is now insignificant. This vote will be about Qayyoom. Do we want him to continue in office or not. If we do not want Qayyoom to continue in office, we have only ONE chance left. That is to vote for Anni on the 28th October 2008.
I will vote for Anni.
Change we can, and Change we shall.
The comments can be broadly distributed into three categories.
One category of comments consisted of derogatory remarks aimed at me, calling on me to “disappear” from the political scene. Of course these commentators did not actually read the Post. If they had, they would have actually known that I had acknowledged my landslide defeat in the Post. Needless to say, these commentators are yet to learn how politics actually work, and that only one person can win an election, but there would be no election if more than one person did not stand up for election. Perhaps this concept is way too complex and complicated for some low intellects to grapple with. Might I also add that losing one election does not necessarily signify political death. Political action is not confined to elections alone. In the final analysis, political survival depends on how well a person is able to command public confidence within a given set of circumstances. Political success depends not on winning an election, but by the degree of influence one can wield on the outcome of national affairs.
The second category of comments consisted of people who expressed continued support to the work that I had been doing, and comments to lend moral support. I thank all those commentators. However, among these, there were many who said that they actually supported me and wanted to vote for me, but decided to vote for some other person because they did not want to “waste” their vote because they believed that I would not be able to make it: a self-fulfilling prophecy. While I do acknowledge the sentiment, let me point out a major fallacy in this argument. In order to highlight the point I want to make, I have put together a table of vote results which will illustrate the argument in numbers. A close look at this table will tell you it was immaterial whom you voted for, as long as it was not Qayyoom. Whether you had voted for Anni, Qasim, Hassan, Umar or I, we would still have gone into a second round because as long as you did not vote for Qayyoom, his percentage would not have changed! I tried to highlight this many times during the election, but the message did not seem to have gone through. For those of you who actually believed in my policies and me, had you voted for me, you would have increased the chances of taking what you believed into the second round, without compromising the first round in favour of Qayyoom!
(Click on the image for enlarged view)
The table paints 4 different scenarios by redistributing the opposition vote amongst opposition candidates and keeping Qayyoom’s vote and the total votes constant. Each scenario gives Qayyoom 41%, but in each scenario, the runner-up is different! This means that regardless of whom you voted for, as long as it was not Qayyoom, we would have gone into a second round, and no vote would have been “wasted”. But this is all water under the bridge now, and I simply presented this to you as an academic point. The fact is, the first round was successful in that we have another chance now to tackle the autocracy at the ballot box. This time we will all be united, we will be stronger, the people have resolved any differences amongst the opposition at the ballot box, and now The Alliance has the PUBLIC MANDATE to challenge autocracy, nepotism, mismanagement, cruelty, corruption, plain thievery and feudalism at the ballot box. For these are the things that Qayyoom represents and signifies.
The third category of comments represented a crafty, but cheap attempt by the DRP to try and influence anyone who may support me to vote against Anni in the second round. They tried to pretend they were ardent MDP supporters and were lashing out against me because I left the MDP. But their attempts will be in vain. It is so transparent it veils less than a see-through night gown! Don’t they know that even those who don’t support me, those who did not vote for me, have nothing against me personally? It is only hard core DRP supporters who could hate me so much because I have played a part in destroying the very foundation of the evil castle within which they reside. The MDP won a place in the second round, for God’s sake. Why would they waste their energies targeting me when they have the second round to focus on? Silly, silly geese! Try your low level intellect on your patrons. They will match your IQ and methods.
To the 1381 Maldivians who voted for me, and the people who voted for Qasim, Hassan and Umar, I have this to say. You tried your best to get your candidate elected. But all 4 of us are now out of the election. None of us has a chance of beating Qayyoom in this election. But Anni still has a very good chance of doing that. And I see his chances growing every day, and growing very rapidly. Now is the time to really do something for your nation, yourself and your off springs. Don’t get apathetic because your choice candidate lost the election. Get active. Gather resolve. Make sure that you have your say. Don’t stay at home without voting to kick yourself for the rest of your life if Anni loses by just one vote. Would you be able to live with the knowledge that your vote could have made the difference as to whether good or evil prevails in our nation?
Don’t get caught up in all the negative campaigning against Anni. I refer to Christianity, Anni is not Presidential material, Anni is an activist, Anni is a drug addict, Anni drinks, Anni this, Anni that……this election is no longer about Anni. Anni as a person is now insignificant. This vote will be about Qayyoom. Do we want him to continue in office or not. If we do not want Qayyoom to continue in office, we have only ONE chance left. That is to vote for Anni on the 28th October 2008.
I will vote for Anni.
Change we can, and Change we shall.
Saturday, October 11, 2008
Help! I am Falling….into the Void!
The biggest farce of an election was held on the 8th of October in this country, without following any due process, violating the constitution blatantly, nullifying provisions in the law for holding a free and fair election, changing ground rules twice after voting started, in the absence of a proper institutional framework….all because a wayward lawyer declared that if we don’t have a President elected by the 10th of October, there would be a Constitutional Void in the country, and there would be no validity of any President who is elected after that date! A very patriotic lawyer who loves the country and its people very much, I may add.
Of course, this was a ploy to deny the public the opportunity to make an informed decision, to take the incumbent advantage to the fullest level possible, and to deny other candidates the opportunity to campaign properly.
Well, it is the 10th of October now, and we still do not have a President elected. Furthermore, the first round (the main part of the election) was held within an unimaginably short time frame, allowing the Elections Commission to pave the way for fraud on a massive scale, and justify their decisions to do so citing the Void. Even the High Court upheld this tomfoolery! Even so, the Elections Commission violated at least two deadlines in the law and other provisions in the law, and everyone is hunky dory with it.
The funny thing is, the one period (the second round which has to be held WITHIN 21 days) which could have been cut short without violating the constitution has now been taken to the maximum, and in doing so, it has violated the law on presidential elections (this law says a MAXIMUM of 10 days)! And everyone is still hunky dory with it. I don’t hear any patriotic lawyers talking about the Void any more.
If one went by the level of apathy of the people of this country, even if Qayyoom declared that he had decided to cancel the second round of the election and remain as President for another five years without an election (of course, “in the national interest”), everyone would still be hunky dory with it!
Oh! My people! When will you say no to those who are constantly treading and trampling on your rights, that the likes of me paid in blood, pain and sweat to get? Are you telling me that what we fought so hard for and got is not worth enjoying?
Of course, this was a ploy to deny the public the opportunity to make an informed decision, to take the incumbent advantage to the fullest level possible, and to deny other candidates the opportunity to campaign properly.
Well, it is the 10th of October now, and we still do not have a President elected. Furthermore, the first round (the main part of the election) was held within an unimaginably short time frame, allowing the Elections Commission to pave the way for fraud on a massive scale, and justify their decisions to do so citing the Void. Even the High Court upheld this tomfoolery! Even so, the Elections Commission violated at least two deadlines in the law and other provisions in the law, and everyone is hunky dory with it.
The funny thing is, the one period (the second round which has to be held WITHIN 21 days) which could have been cut short without violating the constitution has now been taken to the maximum, and in doing so, it has violated the law on presidential elections (this law says a MAXIMUM of 10 days)! And everyone is still hunky dory with it. I don’t hear any patriotic lawyers talking about the Void any more.
If one went by the level of apathy of the people of this country, even if Qayyoom declared that he had decided to cancel the second round of the election and remain as President for another five years without an election (of course, “in the national interest”), everyone would still be hunky dory with it!
Oh! My people! When will you say no to those who are constantly treading and trampling on your rights, that the likes of me paid in blood, pain and sweat to get? Are you telling me that what we fought so hard for and got is not worth enjoying?
Friday, October 10, 2008
Aftermath
The first round of elections is over. I must say, that after a hectic campaign period, with huge levels of sustained stress, it is almost a welcome relief. But not quite. It is not over yet. The real test comes next. The second round.
It was not an easy decision for me to announce my candidacy in the first place. I always knew what I would eventually come up against. My campaign was not just an anti-Maumoon campaign. It was really an anti-establishment campaign. This was reflected very much in the lack of campaign support from the “big boys” to my campaign. In addition, the level of anti-campaigning that was going on against me behind the shadows was something I found very difficult to combat while trying to hold “opposition unity”.
The calls for me to give up my candidacy and join forces with Anni or Hassan was the next challenge. The constant questioning of my position against a single opposition candidate was also difficult to deal with. But I believe that the results have established once and for all that had we done that, the game would have been over by now. By having multiple candidates, we were able to pressure Qayyoom from all directions and we have been able to quantify Qayyoom to 40% from the claimed 90%. Furthermore, it prevented the DRP from honing in on any one candidate in their attack. Next, the opposition was able to get valuable airtime on public broadcast media to be used against the regime. I will still maintain that had I withdrawn my candidacy, Anni would have lost the case against his candidacy in the Supreme Court.
I was always convinced that there would be a second round, and that is when the Alliance would be properly activated. The second round is here. There are two candidates, and one is anti-Qayyoom. The multi-party election has ultimately been reduced to a yes or no referendum regarding Qayyoom’s candidacy. I don’t believe that issues are important at this stage. There is a single objective now. Dislodge the autocracy once and for all. Whatever other issues there may be have to be parked, and resolved later.
As for my candidacy, what did it achieve? Many may say not much. But I say a lot. Firstly, I was able to propose what I believed to the people and see how many Maldivians believed what I believe. The result? There are all of 1382 Maldivians who believe in the rule of law, in pre-school education, a proper education system, in an anti-trust law and a restructuring of the economy. I say this because I was the only candidate who proposed these things. Take away from my total votes my family, my wife’s family, campaign team, my close friends and how many more does that leave? Not much, I suppose. Anyway, it has finally been confirmed that in spite of all the praise I have been getting for “all the good work that Ibra has done for the people” and all the admiration being expressed for “Ibra’s sound arguments and foresight”, only 1382 Maldivians believe that I may be able to execute the Presidency. But I am sure, had I NOT nominated myself, and Qayyoom eventually won the Presidency, many would complain that “Ibra also disappeared from the scene at the most critical moment” and it would be all Ibra’s doing that Qayyoom won the Presidency. At least I can retire from politics now and go back to my academic life with dignity, because the people rejected me big time. Only 1381 people (minus 1 for my vote) can ever question me as to “why I left them in the sea”. But I am sure those 1381 people will understand that when the Maldivian people gave me 0.5% of the vote as opposed to the 16% they gave to Hassan Saeed, and Dr. Shaheed who were critical in propping up the regime at its weakest, I really have to accept what the majority of the people are saying very loudly: “Ibra, we have no time for your fancy talk”.
There was one, and only one ballot box result that really hurt me and confused me. The inmates of jails gave votes for Hassan Saeed, who prosecuted them and got them sentenced to jail on long and unfair terms, and did not give me even one vote. I really ask myself, what did I do wrong in trying to protect the rights of incarcerated people? It has forced me to do a lot of soul searching.
I have been constantly accused that I am Qayyoom’s or Gasim’s or Ilyas’s “boy”. I guess that finally those rumours can now be put to rest.
As I plan my life as an academic and a caring husband and father, I have the deep satisfaction that I have been able to play a critical role in rewriting the Constitution of the Maldives, I have spent nearly 25 years of my life in public service and can retire from it gracefully without a blemish on my record, that I have been able to respond to every call that my nation and my people made for my services to the best of my ability; my conscience is clear. I will be able to look squarely in the mirror in my old age and have no regrets or guilt at what I see. I am at peace.
This is not to say that I do not feel sadness about what I foresee for the future of my country and my people. I see rough seas ahead. I sincerely hope that the MDP will be able to steer us through the tough times ahead.
As for the second round, the critical question for us now is, we have to devise a way of preventing Qayyoom from reclaiming 10% of the vote from Qasim’s 15% and Hassan’s 16% while holding together Anni’s 25%.
It is critical for our nation’s future that Qayyoom be defeated in this election. I will give my best shot to see that happen before I retire from active politics.
It was not an easy decision for me to announce my candidacy in the first place. I always knew what I would eventually come up against. My campaign was not just an anti-Maumoon campaign. It was really an anti-establishment campaign. This was reflected very much in the lack of campaign support from the “big boys” to my campaign. In addition, the level of anti-campaigning that was going on against me behind the shadows was something I found very difficult to combat while trying to hold “opposition unity”.
The calls for me to give up my candidacy and join forces with Anni or Hassan was the next challenge. The constant questioning of my position against a single opposition candidate was also difficult to deal with. But I believe that the results have established once and for all that had we done that, the game would have been over by now. By having multiple candidates, we were able to pressure Qayyoom from all directions and we have been able to quantify Qayyoom to 40% from the claimed 90%. Furthermore, it prevented the DRP from honing in on any one candidate in their attack. Next, the opposition was able to get valuable airtime on public broadcast media to be used against the regime. I will still maintain that had I withdrawn my candidacy, Anni would have lost the case against his candidacy in the Supreme Court.
I was always convinced that there would be a second round, and that is when the Alliance would be properly activated. The second round is here. There are two candidates, and one is anti-Qayyoom. The multi-party election has ultimately been reduced to a yes or no referendum regarding Qayyoom’s candidacy. I don’t believe that issues are important at this stage. There is a single objective now. Dislodge the autocracy once and for all. Whatever other issues there may be have to be parked, and resolved later.
As for my candidacy, what did it achieve? Many may say not much. But I say a lot. Firstly, I was able to propose what I believed to the people and see how many Maldivians believed what I believe. The result? There are all of 1382 Maldivians who believe in the rule of law, in pre-school education, a proper education system, in an anti-trust law and a restructuring of the economy. I say this because I was the only candidate who proposed these things. Take away from my total votes my family, my wife’s family, campaign team, my close friends and how many more does that leave? Not much, I suppose. Anyway, it has finally been confirmed that in spite of all the praise I have been getting for “all the good work that Ibra has done for the people” and all the admiration being expressed for “Ibra’s sound arguments and foresight”, only 1382 Maldivians believe that I may be able to execute the Presidency. But I am sure, had I NOT nominated myself, and Qayyoom eventually won the Presidency, many would complain that “Ibra also disappeared from the scene at the most critical moment” and it would be all Ibra’s doing that Qayyoom won the Presidency. At least I can retire from politics now and go back to my academic life with dignity, because the people rejected me big time. Only 1381 people (minus 1 for my vote) can ever question me as to “why I left them in the sea”. But I am sure those 1381 people will understand that when the Maldivian people gave me 0.5% of the vote as opposed to the 16% they gave to Hassan Saeed, and Dr. Shaheed who were critical in propping up the regime at its weakest, I really have to accept what the majority of the people are saying very loudly: “Ibra, we have no time for your fancy talk”.
There was one, and only one ballot box result that really hurt me and confused me. The inmates of jails gave votes for Hassan Saeed, who prosecuted them and got them sentenced to jail on long and unfair terms, and did not give me even one vote. I really ask myself, what did I do wrong in trying to protect the rights of incarcerated people? It has forced me to do a lot of soul searching.
I have been constantly accused that I am Qayyoom’s or Gasim’s or Ilyas’s “boy”. I guess that finally those rumours can now be put to rest.
As I plan my life as an academic and a caring husband and father, I have the deep satisfaction that I have been able to play a critical role in rewriting the Constitution of the Maldives, I have spent nearly 25 years of my life in public service and can retire from it gracefully without a blemish on my record, that I have been able to respond to every call that my nation and my people made for my services to the best of my ability; my conscience is clear. I will be able to look squarely in the mirror in my old age and have no regrets or guilt at what I see. I am at peace.
This is not to say that I do not feel sadness about what I foresee for the future of my country and my people. I see rough seas ahead. I sincerely hope that the MDP will be able to steer us through the tough times ahead.
As for the second round, the critical question for us now is, we have to devise a way of preventing Qayyoom from reclaiming 10% of the vote from Qasim’s 15% and Hassan’s 16% while holding together Anni’s 25%.
It is critical for our nation’s future that Qayyoom be defeated in this election. I will give my best shot to see that happen before I retire from active politics.
Wednesday, October 8, 2008
The Bitter Darkness of The Void
According to Article 289 of the Constitution, the Anti-Corruption Commission has to be established within 60 days of the ratification of the Constitution. Article 200 stipulates that there should be 5 members in the Commission.
60 days have passed since the ratification of the Constitution, and we still don’t have a 5 member Ant-Corruption Commission.
But, surprise, surprise… the sky hasn’t fallen on our heads, and ordinary Maldivians are going about their daily lives! I don’t see lawyers jumping up and down, groping to find their way in the utter darkness of The Void. To be or not to be, is that the question? Or I am therefore I exist?
Oh! The things people say and do, just to have their way! Thousands of Maldivians have lost their right to vote and the right to a fair election, simply because some selfish people in positions of power declared that not meeting a certain constitutional deadline would put the entire country into a Void, out of which there would be no climbing out. If a President elected outside a constitutionally declared deadline would have no validity, would an Anti-Corruption Commission set up outside a deadline prescribed in the same Constitution have any validity? Only a discerning lawyer could differentiate between the two, I suppose. Us, mere mortals couldn’t even start to fathom this out.
Question : Should we deem that the Anti-Corruption Commission which will be established out of the prescribed constitutional deadline is invalid in order to legitimize an election which was held without following due process, or should we open the door to a multitude of people to seek a ruling from the Supreme Court to declare tomorrow’s election as invalid because citizens were denied their constitutional right to vote, by deeming the Anti-Corruption Commission as legitimate because the delay occurred in order to allow following due process?
My poor brain, and even poorer intellect doesn’t allow me to answer this question. Oh God Almighty, what will happen to our nation?
60 days have passed since the ratification of the Constitution, and we still don’t have a 5 member Ant-Corruption Commission.
But, surprise, surprise… the sky hasn’t fallen on our heads, and ordinary Maldivians are going about their daily lives! I don’t see lawyers jumping up and down, groping to find their way in the utter darkness of The Void. To be or not to be, is that the question? Or I am therefore I exist?
Oh! The things people say and do, just to have their way! Thousands of Maldivians have lost their right to vote and the right to a fair election, simply because some selfish people in positions of power declared that not meeting a certain constitutional deadline would put the entire country into a Void, out of which there would be no climbing out. If a President elected outside a constitutionally declared deadline would have no validity, would an Anti-Corruption Commission set up outside a deadline prescribed in the same Constitution have any validity? Only a discerning lawyer could differentiate between the two, I suppose. Us, mere mortals couldn’t even start to fathom this out.
Question : Should we deem that the Anti-Corruption Commission which will be established out of the prescribed constitutional deadline is invalid in order to legitimize an election which was held without following due process, or should we open the door to a multitude of people to seek a ruling from the Supreme Court to declare tomorrow’s election as invalid because citizens were denied their constitutional right to vote, by deeming the Anti-Corruption Commission as legitimate because the delay occurred in order to allow following due process?
My poor brain, and even poorer intellect doesn’t allow me to answer this question. Oh God Almighty, what will happen to our nation?
Friday, October 3, 2008
The Economy
Much has been said about the state of the Maldivian economy of late, and many are asking for Presidential candidates’ economic policies. Unfortunately, most candidates have not put forward a comprehensive set of policies aimed at improving the economy.
Those who have dared to enter into this testy area have proceeded very cautiously. There are reasons for this. One only has to examine the way the economy has been structured, and the nexus between the economy and politics to understand why. Generally speaking everyone has been very careful to present an image that the applecart will not be upset under his rule. This is because the economy is controlled by a privileged few, and politicians understand very well that upsetting them, or posing as a threat to their zone of comfort could mean taking on a challenge that may be insurmountable.
In short, the cozy relationship between big business and the government over many years has meant that there is a very clear understanding between the business sector and the politicians. You-leave-us-alone-and-we-will-leave-you-alone kind of understanding. Even the well meaning and “reform-minded” business people are only too aware that a breach of this understanding could result in million dollar investments being lost. In this setup, there has been a natural evolution of monopolies. Those who had the means have grabbed everything and built their own empires. Success in one area meant that one diversified very quickly, and you have situations like Villa Shipping, Villa Gas, Villa Oil, Villa Fishing, Villa Resorts, Villa College, Villa Cement, Villa Cable TV, Villa TV, Villa whatever….and now it looks like Villa Maldives may be the next step. There are a few more situations I could quote.
It is not a coincidence that there is no room for small and medium businesses to grow in the Maldivian economy. Newcomers on the business scene cannot find any financial institutions to help them; any market that they create will quickly be undercut from them. It is therefore not surprising that over 80% of loans given out by the Bank of Maldives (where the savings of ordinary Maldivians reside) are given under the guarantee of only 3 individuals. Any person trying to make a mark on the business sector would have to beg or borrow from these few individuals. It is almost like the Big Boys will borrow from the bank and the Little Fellas will have to borrow or share business with the Big Boys. Nice setup.
The relationship of the corporate sector with the government has ensured that no direct tax on profits are levied. No laws governing labour relations have been put into place until recently, and the government still has not declared the minimum wage which is stipulated by law. These are not oversights. These are deliberate measures to reduce the distribution of wealth. The perfect system to promote patronage and subjugation.
The DRP, the MDP, Hassan Saeed or Qasim are not suggesting a restructuring of the economy. Therefore it is not surprising that these candidates are being backed to the hilt by the super rich. MDP talks about a corporate tax, but says the tourism industry is “just fine” as it is. Hassan Saeed is yet to talk about taxation of any kind. Hassan claimed on TV that his campaign is being funded by the “common people” and that he has placed limits on how much a single entity can contribute. But he has bought airtime on DhiTV alone for 30 days at Rf 36,000 an hour! That is close to a million rufiyaa just for that activity alone! He must know a lot of “common people” who have a lot of money! I wish I had those kinds of “common people” to support me.
I announced that I would bring in an anti-trust law to address these issues and I would introduce corporate taxation, and seek to abolish indirect taxes such as import duties. (Two days later, Qayyoom also announced he would do the same!)
Without going into details of all the changes that I seek to bring into each individual sector, let me outline briefly the crux of the kind of policies I would bring in.
I believe that an entire restructuring of the economy is necessary to make national wealth accessible to the people at large. At the vanguard of economic reform has to be an anti-trust law which will allow us to provide opportunities to all and make the platform level. This law will prevent a few individuals from gaining control of the entire business sector. A legal framework which allows for fair competition is necessary to open up the economy to newcomers, small businesses and medium businesses.
A proper system of progressive taxation in the corporate sector is now absolutely necessary to ensure an equitable distribution of wealth in the country. Along with this should be put in place a wage structure which is fair for employees and employers alike.
Sustainable and progressive ways for exploiting our marine resources, and maximizing earning capacity and exploring agricultural potential along with development of ways to get into niche markets should be explored in order to diversify the economy.
Proper regulation of banks to make them more service oriented, and to ensure their fair contribution to the business community and assistance to investors is necessary, and the legal framework to ensure the protection of banks as well as to end the tyranny of banks is essential to facilitate risk taking by entrepreneurs and vibrancy of the economy.
Proper monetary regulation including responsive regulation of interest and exchange rates has become critical. Further, a portion of generated national wealth has to be held in reserve to soften shocks
I believe someone has to be bold enough to take these stands if our economy is to survive. Anni’s stands on the economy is puzzling. They say they are now a “centre-right” party, but they propose things like handouts for the elderly and the poor without proposing how revenue will be generated. Hassan Saeed also talks about socialist policies in service sectors, but veers off from taxation. Qasim and Qayyoom are very silent on policy issues but are more focused on specific activities. Both are silent on revenue.
One has to realize that proper reform cannot happen without economic reform. The general idea that the economic structure is generally alright except for a few aberrations is not acceptable anymore. If we genuinely want reform in the country, let us tackle it head on.
Wednesday, October 1, 2008
Frivolity and Vexation
Brilliance in someone can only be of use to society when it is coupled with sincerity. Brilliance, especially in the professions, can easily become dangerous, when it is used to subvert the cause of justice, when the brilliant exercises the brilliance to promote a bias, or is used to propel blind faith. It is particularly dangerous if the narrowed depth of a particular profession is used to look at social facts in isolation, devoid of the wider context within which the profession operates.
The separation of powers as a system of checks and balances in a state assumes that each power necessarily acts as a counter measure to other powers when one or more powers, either independently or jointly seeks to violate fundamental rights of citizens. The Constitution of any country is a quasi-legal document in a sense. It is primarily a statement of intent and outlines the aspirations of the people. This is NOT to deny that it forms the basis of all legislation and state action, and as such, interpretation of it will be required in a strictly legal sense. Nevertheless, in points of contention, the purpose of a particular provision should be given due consideration and emphasis in its interpretation.
As I write this, there are two very significant cases being looked at in the Supreme Court and the High Court. Lawyers whom I held in high regard are displaying their ignorance and their bias by declaring these cases as frivolous and vexatious. Both the cases that I refer to were filed by the Social Liberal Party. Both cases have been referred to as frivolous and vexatious, and the proponents of these arguments claim that both cases were filed to subvert the efforts of the Elections Commission to meet the 8 October deadline. The proponents couldn’t be any further from the truth. Furthermore, while they try to discredit the Liberal Party for filing these cases, the very same people never bothered to attend the court hearings to listen to the arguments. Oh! No, No! They are The Learned Lawyers, who will pass judgment before even the arguments are articulated. Why don’t these Lawyer Wizards take the arguments as presented by the Liberal Party in Court and reply to it instead of making wild claims? Are they not holding the Courts in contempt by claiming that the Courts are hearing frivolous and vexatious claims, and thereby undermining the credibility of the very same institutions that they are claiming to so dearly uphold and protect? Or are they finally admitting that they are manipulating the Courts to play out the drama that they have written?
Why did the Social Liberal Party file these cases? Let me outline the reasons briefly.
The Case filed in the Supreme Court to challenge Qayyoom’s candidacy has three primary purposes:
- The purpose of a two term limitation is to ensure that no one can cling on to power long enough to infiltrate public institutions to a level that he or she can make them “his or her own band of instruments” and subvert their functionality and independence and thereby run a dictatorship. Lawyers may not know this, but political scientists, political historians and sociologists know this very well. Question is, has Qayyoom held this post long enough to do this? Is there any hope of public institutions acting independently and fairly to allow a free and fair election with Qayyoom standing as a candidate?
- The Constitution has created the Supreme Court, which is supposed to be fully independent. This case will test and demonstrate to the public and other observers the degree of independence which is evident, and the capacity of this court to respond to finer points of law and reasoned argument and logical, rational thought; in short their competence, lack of which from any judge requires his dismissal from the bench.
- While a few people with vested interests would like to see Qayyoom gain Office by hook or by crook, there is a large number of Maldivians who do not believe that Qayyoom should be allowed to contest the elections because they do not believe that a free and fair election can be held if he is contesting. Furthermore, Sovereignty rests with the People, and the People, in a public referendum voted for a Presidential System, and the template for the system presented to the People before they voted specifically made reference to a two term limitation. At no point was any mention made to the public that this limitation would not be applied to the incumbent. Question is, can the Special Majlis, or the Elections Commission, or the Supreme Court override the will of the People expressed in a Referendum?
If no one else had the courage to test this out in the Courts, the Liberal Party did. Those who claim frivolity and vexation should be ashamed to call themselves lawyers of any import.
I rest my first case.
Now for the second case. The Case filed in the High Court, seeking to strike down Article 22 of the Presidential Elections Law has many objectives.
- This Article was inserted into the bill to circumvent the due processes required by the Constitution to hold a free and fair election. Critical processes such as procedures to ensure that everyone will be able to exercise their right to vote, everyone would have the opportunity to challenge Elections Commission’s decisions in the High Court, the right for people to have knowledge of laws and regulations before they are subjected to it, the right for people to make informed decisions with regard to electing a president, the right for political parties and civil society organizations to prepare and organize themselves to observe elections to ensure laws and regulations are followed, are among rights that are being violated by this article. The fundamental precepts on which state operations lie, the very reasons why Parliament is separated from the Executive, and the purpose of setting up an independent Elections Commission were compromised and the people are being raped of fundamental rights. All in the name of an impending doomsday (10 October 2008). An attempt HAD to be made to see if the Courts would uphold fundamental rights.
- The High Court is charged with upholding fundamental rights and liberties. There will be many more instances where Parliament will seek to violate these rights for political gain and expediency. This case will send a signal to the people and observers as to what we can expect from the Courts.
- In addition to violating fundamental rights, the very concept of upholding the Constitution itself is at stake here. Can the Parliament pass law in a fashion which impinges and violates the powers of an independent commission? Can the Parliament order the Elections Commission to violate the constitution? These are critical questions which will be answered by this case. If the High Court rules in favour of the State in this case, it means that independent commissions will no longer be bound by the Constitution, but will be subject to the tyranny of Parliamentary majority. A fundamental derailment of the concept of the Constitution protecting the rights of the minority (in this case the majority of people). Surely, a defining moment in Maldivian Constitutional history?
As a brilliant lawyer remarked, is it because of “granting absolute rights wholesale, or too abruptly” or is it because these rights were granted because there was no alternative at the time, but the very forces which were holding back those rights are now attempting to block the same rights by calling for an election “without much regulation, or without any room for evolution” of institutions which are charged with protecting these rights?
History has shown us time and again, the disasters created by brilliant, yet misguided people, particularly when they are in positions of power, and do not realize that they are playing with the lives of people, and they may be playing God, without being God themselves.
I rest my second case.
It is only when the mettle is tested that the chameleon's true colours will emerge; and emerge it will.
Tuesday, September 23, 2008
Coalitions and Alliances vis-à-vis Political Philosophies and Pluralism
The Reform Movement started with many things and many aspirations. Among these was an expressed desire to promote pluralism in the Maldives. Of course the bedrock of a pluralistic society must necessarily be a polity which allows and enhances pluralism. An essential feature of modern polities espousing pluralism is the presence of a strong civil community acting as promoters and lobbyists as well as defenders and watchdogs of particular view points and positions. And of course, a “multi-party” political parties setup.
I used to feel awfully excited in 2004 / 2005, particularly when we met representatives from various embassies and international organizations, especially when I heard people like Gogo Latheef and Anni expound on the virtues of pluralism and pluralistic democracy, and how important it was to promote that in the Maldives. I really believed in the “movement” then. I was fantasizing with the vision of political parties competing with each other in the public and political domains, trying to convince the people that their political ideology was the best. There would be Centre- right, and perhaps extremely conservative parties talking about economic efficiency and economic rationalism, with less emphasis on social welfare and social virtues. Then there would be the Centre-left and left wing parties arguing for wealth distribution and power distribution. Somewhere in between would be parties promoting religious points of view and parties concerned about preserving values. There would be some other parties trying to make a mark on society by vigorously arguing for civil liberties and equality of all. Somehow, between these parties would emerge a check and balance and keep the country moving along progressive paths and most importantly, provide alternatives for the people to lean on in different circumstances. Pluralism. And of course, the ultimate result would be an enlightened public, who would engage in some intellectual activity and discuss national issues over their numerous cups of coffee. The penultimate “intellectual community”.
Much has happened since then. Somewhere along the line, the whole purpose of pluralism has been relegated to the wayside, and a fierce competition for power, simply for the sake of power, has emerged. Unholy alliances have come about, and in this process, political philosophies of parties (if ever there were philosophies to start with) have merged and diffused and we have different alliances promoting more or less the same “mas-huni” philosophies. Clarity and purity of thought has been dumped for political expediency. MDP, whose manifesto which I helped to formulate, has shifted suddenly from a Centre left party to a right of Centre party, and Anni is promoting this kind of thinking openly, while he describes his political thinking as “liberal” on facebook! Qayyoom and DRP are suddenly talking about anti-trust laws while Qasim and the Republicans are promising “corporate taxes”. Hassan Saeed is claiming he was the single entity which made freedom of assembly and expression possible, and that he was the architect of “liberal democracy” when parliamentary records show that he argued against freedom of assembly, prosecuted people who assembled, claimed that DRP should be the ONLY political party in the Maldives, submitted an “amendment” to the constitution, which if passed would have left the trial courts, and courts of first instance at the mercy of the Executive, claimed that the Minivan Bahus series was illegal, admitted on public TV that he acted in contravention to law while holding the position of Attorney General, gave legal advise to send back the bill on Parliament’s immunity back to the Majlis, and thereby killing it, and yet he is supposed to be the saviour who will bring liberal democracy to the country.
How could I join Hassan Saeed or Qasim or Anni without compromising my ideal of a pluralistic society? All of them claim that I don’t have any public support, but all are so keen to eliminate my candidacy and get me on their boat. Why bother? What can I possibly offer them? After all, every one of them can win the election without the 100 or 200 voters who support me. Why not let this eccentric fellow carry on with his dream? A dream of pluralism, liberalism and democracy in the Maldives. A harmless fellow who will be eliminated from the political scene after this election, by their assessment.
No thank you. I will not compromise. And I will win this election, Insha Allah. You are at liberty to underestimate me, but don’t underestimate the silent majority. That would be the worst thing you could do in politics.
I used to feel awfully excited in 2004 / 2005, particularly when we met representatives from various embassies and international organizations, especially when I heard people like Gogo Latheef and Anni expound on the virtues of pluralism and pluralistic democracy, and how important it was to promote that in the Maldives. I really believed in the “movement” then. I was fantasizing with the vision of political parties competing with each other in the public and political domains, trying to convince the people that their political ideology was the best. There would be Centre- right, and perhaps extremely conservative parties talking about economic efficiency and economic rationalism, with less emphasis on social welfare and social virtues. Then there would be the Centre-left and left wing parties arguing for wealth distribution and power distribution. Somewhere in between would be parties promoting religious points of view and parties concerned about preserving values. There would be some other parties trying to make a mark on society by vigorously arguing for civil liberties and equality of all. Somehow, between these parties would emerge a check and balance and keep the country moving along progressive paths and most importantly, provide alternatives for the people to lean on in different circumstances. Pluralism. And of course, the ultimate result would be an enlightened public, who would engage in some intellectual activity and discuss national issues over their numerous cups of coffee. The penultimate “intellectual community”.
Much has happened since then. Somewhere along the line, the whole purpose of pluralism has been relegated to the wayside, and a fierce competition for power, simply for the sake of power, has emerged. Unholy alliances have come about, and in this process, political philosophies of parties (if ever there were philosophies to start with) have merged and diffused and we have different alliances promoting more or less the same “mas-huni” philosophies. Clarity and purity of thought has been dumped for political expediency. MDP, whose manifesto which I helped to formulate, has shifted suddenly from a Centre left party to a right of Centre party, and Anni is promoting this kind of thinking openly, while he describes his political thinking as “liberal” on facebook! Qayyoom and DRP are suddenly talking about anti-trust laws while Qasim and the Republicans are promising “corporate taxes”. Hassan Saeed is claiming he was the single entity which made freedom of assembly and expression possible, and that he was the architect of “liberal democracy” when parliamentary records show that he argued against freedom of assembly, prosecuted people who assembled, claimed that DRP should be the ONLY political party in the Maldives, submitted an “amendment” to the constitution, which if passed would have left the trial courts, and courts of first instance at the mercy of the Executive, claimed that the Minivan Bahus series was illegal, admitted on public TV that he acted in contravention to law while holding the position of Attorney General, gave legal advise to send back the bill on Parliament’s immunity back to the Majlis, and thereby killing it, and yet he is supposed to be the saviour who will bring liberal democracy to the country.
How could I join Hassan Saeed or Qasim or Anni without compromising my ideal of a pluralistic society? All of them claim that I don’t have any public support, but all are so keen to eliminate my candidacy and get me on their boat. Why bother? What can I possibly offer them? After all, every one of them can win the election without the 100 or 200 voters who support me. Why not let this eccentric fellow carry on with his dream? A dream of pluralism, liberalism and democracy in the Maldives. A harmless fellow who will be eliminated from the political scene after this election, by their assessment.
No thank you. I will not compromise. And I will win this election, Insha Allah. You are at liberty to underestimate me, but don’t underestimate the silent majority. That would be the worst thing you could do in politics.
Monday, September 15, 2008
Heavy Heart
I just came back from a committee meeting at the Majlis. The committee was looking at the Presidential Elections Bill which is absolutely crucial to hold the next Presidential Elections.
In general, the bill has been drafted reasonably well, given the time constraints faced by the Legal Reform Ministry and the number of other things that everyone has to do these days. I must commend Nasheed and his team for putting it together so quickly and so well.
Nevertheless, there is one provision, Article 21 of the original bill which tries to impose unreasonable time limits on various processes related to the elections, and thereby tying the hands of the Elections Commission in holding the election as prescribed in the constitution, and making the whole election meaningless. All this, of course, in the name of Avoiding the Void.
The Committee, and in fact the entire Majlis has been working in overdrive to meet these unrealistic deadlines. Deadlines which were imposed by the DRP, and succumbed to by the MDP, in the first place.
Tonight, the committee was faced with another dilemma. I requested the Elections Commission to appear before the Committee, and give us their assessment about the possibility of completing the elections process as required by Article 301 of the Constitution. They said in no uncertain terms that they would require a minimum of 23 days from the date of ratification of the Presidential Elections Bill to complete the first round of voting. That means that, even if the bills were ratified tomorrow, the earliest date for the polls would be the 8th of October, and the second round would fall outside the 10th October period, and fall straight into The Void. So we are now dead on course for The Void. Yet Nasheed announced today on some radio or other, or maybe it was some TV channel, that The Void could still be Avoided!
Of course there is absolutely no way that the bills could be ratified tomorrow. The General Law on elections has just been announced for second and third readings, and members are entitled to a minimum of three days to propose amendments. It will take at least two sitting of the Majlis to work through the proposing and voting of the amendments. The Presidential Elections Bill is still in Committee, and assuming that Committee finishes it work tomorrow and allow 5 days for amendments and final voting, this bill cannot be ratified until the middle of next week at the earliest. To compound matters, the Presidential Elections Bill cannot be tabled for second and third readings until the first bill is ratified.
All this means, that most probably both bills cannot be completed and ratified before the end of next week. Considering the minimum 23 days that the EC needs to have first round polling, the earliest we could expect the polls is around the 16th October. By then we would not only be in The Void, but in The Abyss.
The dilemma, then for the Committee is, should we recommend a shortening of periods for critical processes when we know we will be crossing the deadline, anyway, or should we finally admit that we have not been able to meet the unrealistic deadline, and recommend the full election process as stipulated in the Constitution?
All this, while being mindful of the fact that the Supreme Court has to be in place before elections are announced.
The Supreme Court. A sobering thought. Makes my heart ache and heavy. The Judicial Services Commission is apparently recommending judges like Ahmed Mohamed, who in the past has authorized, without even hearing the accused, prolonged imprisonment of people who were detained without charge. Judges like Areef, who has conducted criminal trials without giving the accused the opportunity of seeking legal advise. Judges who haven’t presided over many trials or hearings. Judges who haven’t got any proper legal qualifications (i.e none from any recognized University or tertiary institution). We are likely to end up with a Supreme Court of 5 judges, all of who have some knowledge of Sharia, but no proper knowledge of Law as the Constitution now proposes it. Imagine this bunch of “judges” ruling on a challenge mounted on a piece of legislation under article 16 of the Constitution (the one which says no fundamental right may be withheld or narrowed except in a fashion concomitant with democratic practices)
Will the MDP form an alliance again with the DRP and PA to approve this farce of a Supreme Court? Will they let down the hundreds of activists who have been detained for prolonged periods and convicted without proper trials by these very same judges by appointing them to the Supreme Court, the ultimate defender of the Constitution and all that is contained therein? Surely, there must be a limit to this stupidity.
If I had my way, I would appoint at least one or two judges from abroad, judges who know what democracy and rule of law is all about.
In general, the bill has been drafted reasonably well, given the time constraints faced by the Legal Reform Ministry and the number of other things that everyone has to do these days. I must commend Nasheed and his team for putting it together so quickly and so well.
Nevertheless, there is one provision, Article 21 of the original bill which tries to impose unreasonable time limits on various processes related to the elections, and thereby tying the hands of the Elections Commission in holding the election as prescribed in the constitution, and making the whole election meaningless. All this, of course, in the name of Avoiding the Void.
The Committee, and in fact the entire Majlis has been working in overdrive to meet these unrealistic deadlines. Deadlines which were imposed by the DRP, and succumbed to by the MDP, in the first place.
Tonight, the committee was faced with another dilemma. I requested the Elections Commission to appear before the Committee, and give us their assessment about the possibility of completing the elections process as required by Article 301 of the Constitution. They said in no uncertain terms that they would require a minimum of 23 days from the date of ratification of the Presidential Elections Bill to complete the first round of voting. That means that, even if the bills were ratified tomorrow, the earliest date for the polls would be the 8th of October, and the second round would fall outside the 10th October period, and fall straight into The Void. So we are now dead on course for The Void. Yet Nasheed announced today on some radio or other, or maybe it was some TV channel, that The Void could still be Avoided!
Of course there is absolutely no way that the bills could be ratified tomorrow. The General Law on elections has just been announced for second and third readings, and members are entitled to a minimum of three days to propose amendments. It will take at least two sitting of the Majlis to work through the proposing and voting of the amendments. The Presidential Elections Bill is still in Committee, and assuming that Committee finishes it work tomorrow and allow 5 days for amendments and final voting, this bill cannot be ratified until the middle of next week at the earliest. To compound matters, the Presidential Elections Bill cannot be tabled for second and third readings until the first bill is ratified.
All this means, that most probably both bills cannot be completed and ratified before the end of next week. Considering the minimum 23 days that the EC needs to have first round polling, the earliest we could expect the polls is around the 16th October. By then we would not only be in The Void, but in The Abyss.
The dilemma, then for the Committee is, should we recommend a shortening of periods for critical processes when we know we will be crossing the deadline, anyway, or should we finally admit that we have not been able to meet the unrealistic deadline, and recommend the full election process as stipulated in the Constitution?
All this, while being mindful of the fact that the Supreme Court has to be in place before elections are announced.
The Supreme Court. A sobering thought. Makes my heart ache and heavy. The Judicial Services Commission is apparently recommending judges like Ahmed Mohamed, who in the past has authorized, without even hearing the accused, prolonged imprisonment of people who were detained without charge. Judges like Areef, who has conducted criminal trials without giving the accused the opportunity of seeking legal advise. Judges who haven’t presided over many trials or hearings. Judges who haven’t got any proper legal qualifications (i.e none from any recognized University or tertiary institution). We are likely to end up with a Supreme Court of 5 judges, all of who have some knowledge of Sharia, but no proper knowledge of Law as the Constitution now proposes it. Imagine this bunch of “judges” ruling on a challenge mounted on a piece of legislation under article 16 of the Constitution (the one which says no fundamental right may be withheld or narrowed except in a fashion concomitant with democratic practices)
Will the MDP form an alliance again with the DRP and PA to approve this farce of a Supreme Court? Will they let down the hundreds of activists who have been detained for prolonged periods and convicted without proper trials by these very same judges by appointing them to the Supreme Court, the ultimate defender of the Constitution and all that is contained therein? Surely, there must be a limit to this stupidity.
If I had my way, I would appoint at least one or two judges from abroad, judges who know what democracy and rule of law is all about.
Friday, September 12, 2008
Nations are Devoid of Voids
These days there is a whole lot of scaremongering going on with claims that unless Presidential Elections are not completed by 10 October, the whole country will go into a Constitutional Void. This actually started when the Legal Reform Minister Nasheed thought up this idea as a tool to justify speeding up elections without following due process. And now, it looks like he has been caught up in his own propaganda, and has actually started to really believe this!
There is a bit of history to this. Way back in January/February, when the Transitional Chapter of the Constitution was being debated, and finally passed, I had been a lone voice in the Special Majlis, and in the drafting committee in saying that it would be extremely unwise to write into the constitution, a specific date by which the elections should be held. However, Nasheed gave assurances to the committee and the Majlis that the constitution would be ratified by early March. I argued that there would be a number of things to be done including a set of laws and regulations which would govern the elections and the institutions which would facilitate the elections, and that it would be impossible to meet a deadline of 10 October because it was unlikely that the President would ratify the Constitution in time for arrangements to be made for a free and fair election to take place. The assurances kept coming that that was not the case, and the President was just as keen, if not keener than us, to have a free and fair, multiparty election in 2008. I said that if he ratified it at all, it would not be before the 7th of August. Why this magical date of 7 August? Simply because if ratification passed beyond the 7th of August, the (then) Commissioner would have been compelled by virtue of the constitution to call for elections on the following Sunday (10th of August) under the Old system (i. e, public referendum for a single candidate). The President delayed until the last possible date. Ratification happened just as I thought it would.
When the work of the Majlis dragged on into May, and then June, I proposed again that we should get rid of the date and put in a period instead. By then we were in the final stages of reviewing the document. Nasheed agreed that we were going to have problems if we kept in this date, and I think he even did lobby with the President and other DRP heavies, but as usual, he lost the lobby. When I brought the issue up for decision in the Drafting Committee, Addu Shareef and Hussain Mohamed of DRP vehemently opposed and vetoed it. There was a counter proposal to extend the date to the 31st of October which I opposed and vetoed because that would simply have given just enough time to complete the farce. But I knew with Ramazan coming within this period, there was no hope of having even a reasonably fair election before mid November, and that time would be required to communicate the laws and details of the process to the public, which was a mandatory function for the Elections Commission, also enshrined into the constitution. Therefore, if a reasonable period was not prescribed, it was better to leave the date as was. This was the only avenue left for a lone voice, to allow the “loud voiced” majority to face the consequences of their narrow-minded, thoughtless and selfish actions.
Another factor that I considered was that once the Elections Commission was set up, and the relevant legislative framework was put in place, the EC would be in charge, and they would be making all the decisions. The President and the Legal Reform Minister would be watching from the sides, just like everyone else. They would not be able to issue directives to the EC regarding dates and so forth. That is why Nasheed is trying to put those directives into the law (Article 21 of the bill for Presidential Elections) and attempt to tie the hands of the EC. But as usual, he has forgotten that we now have a real constitution, and that any law which attempts to undermine principles laid out in the constitution is deemed void by the constitution, and could be challenged in the courts. The only hope they would have had is if the EC was willing to play along. But the announcement by the EC on Thursday night indicates that they are not.
So the only avenue left is to keep on crying out that anyone who says that a free and fair election cannot be held by 10th October is a hypocrite, is a self proclaimed Thomas Jefferson, is working for self interest, is a short sighted, power hungry politician, while those who are pushing for an unconstitutional elections process are of course patriotic statesmen. More on this topic on another occasion.
And of course, The Void. This silly argument that if we don’t complete the elections by the 10th of October, the country will be in a Constitutional Void and a Crisis just makes me laugh. The country was not in a legal void when the government denied legal representation for accused criminals in courts. Nor was it in a legal void when ordinary working people were denied their constitutional right for pension benefits. Nor was it in a legal void when citizens were denied the freedom of assembly and the freedom of association as per the constitution. The country went on. The country and the people will still go on. If Nasheed really believes that there will be a legal void, I CHALLENGE HIM TO OPENLY DECLARE THAT IF WE FAIL TO ELECT A PRESIDENT BY 10 OCTOBER, MAUMOON ABDUL QAYYOOM WILL HAVE NO LEGAL BASIS TO OCCUPY THE PRESIDENT’S OFFICE, AND THAT THE SPEAKER OF THE MAJLIS SHOULD ASSUME THE RESPONSIBILITIES OF THE PRESIDENT. If he doesn’t have the guts to say this, then he should stop his whimpering about Constitutional Voids, and let us get on with the work of building this nation. But my guess is, when the 10th of October passes with no election, it will be the Legal Reform Minister who will also be coming up with all the legal arguments for Qayyoom to continue in office, and how the Transitional Chapter is simply a “bridge which smoothens the process” and that of course there is continuity and contiguity of Qayyoom’s government.
I can understand the DRP position on this. What puzzles me is that MDP wants to hasten this election. Anni claims that we can’t have a free and fair election even if we take 20 years to do so as long as Qayyoom is in power. So why doesn’t the MDP work towards going into the “Void” Nasheed has created, and then mount a challenge on the legitimacy of Qayyoom’s continuance in office? They would then have the field clear of Qayyoom, and maybe Anni can then admit the possibility of a free and fair election.
Or is there an understanding that whether Qayyoom wins or Anni wins, it will be an MDRPA alliance government that will be in place?
Fact is, neither the DRP, nor the MDP wants to allow the people to make an informed decision.
There will be no Void. As Vitalstatistix would say, the sky will not fall on our heads. Maldivians went about their business before 1932, when we did not even have a constitution. They have survived the various “governments” and violations of the constitution by these governments for the past 76 years. I am sure they have the tenacity to carry on until the EC gets organized enough to have a decent election in this country.
Constitutional and Legal Voids, my foot. Try pulling the other one, too.
There is a bit of history to this. Way back in January/February, when the Transitional Chapter of the Constitution was being debated, and finally passed, I had been a lone voice in the Special Majlis, and in the drafting committee in saying that it would be extremely unwise to write into the constitution, a specific date by which the elections should be held. However, Nasheed gave assurances to the committee and the Majlis that the constitution would be ratified by early March. I argued that there would be a number of things to be done including a set of laws and regulations which would govern the elections and the institutions which would facilitate the elections, and that it would be impossible to meet a deadline of 10 October because it was unlikely that the President would ratify the Constitution in time for arrangements to be made for a free and fair election to take place. The assurances kept coming that that was not the case, and the President was just as keen, if not keener than us, to have a free and fair, multiparty election in 2008. I said that if he ratified it at all, it would not be before the 7th of August. Why this magical date of 7 August? Simply because if ratification passed beyond the 7th of August, the (then) Commissioner would have been compelled by virtue of the constitution to call for elections on the following Sunday (10th of August) under the Old system (i. e, public referendum for a single candidate). The President delayed until the last possible date. Ratification happened just as I thought it would.
When the work of the Majlis dragged on into May, and then June, I proposed again that we should get rid of the date and put in a period instead. By then we were in the final stages of reviewing the document. Nasheed agreed that we were going to have problems if we kept in this date, and I think he even did lobby with the President and other DRP heavies, but as usual, he lost the lobby. When I brought the issue up for decision in the Drafting Committee, Addu Shareef and Hussain Mohamed of DRP vehemently opposed and vetoed it. There was a counter proposal to extend the date to the 31st of October which I opposed and vetoed because that would simply have given just enough time to complete the farce. But I knew with Ramazan coming within this period, there was no hope of having even a reasonably fair election before mid November, and that time would be required to communicate the laws and details of the process to the public, which was a mandatory function for the Elections Commission, also enshrined into the constitution. Therefore, if a reasonable period was not prescribed, it was better to leave the date as was. This was the only avenue left for a lone voice, to allow the “loud voiced” majority to face the consequences of their narrow-minded, thoughtless and selfish actions.
Another factor that I considered was that once the Elections Commission was set up, and the relevant legislative framework was put in place, the EC would be in charge, and they would be making all the decisions. The President and the Legal Reform Minister would be watching from the sides, just like everyone else. They would not be able to issue directives to the EC regarding dates and so forth. That is why Nasheed is trying to put those directives into the law (Article 21 of the bill for Presidential Elections) and attempt to tie the hands of the EC. But as usual, he has forgotten that we now have a real constitution, and that any law which attempts to undermine principles laid out in the constitution is deemed void by the constitution, and could be challenged in the courts. The only hope they would have had is if the EC was willing to play along. But the announcement by the EC on Thursday night indicates that they are not.
So the only avenue left is to keep on crying out that anyone who says that a free and fair election cannot be held by 10th October is a hypocrite, is a self proclaimed Thomas Jefferson, is working for self interest, is a short sighted, power hungry politician, while those who are pushing for an unconstitutional elections process are of course patriotic statesmen. More on this topic on another occasion.
And of course, The Void. This silly argument that if we don’t complete the elections by the 10th of October, the country will be in a Constitutional Void and a Crisis just makes me laugh. The country was not in a legal void when the government denied legal representation for accused criminals in courts. Nor was it in a legal void when ordinary working people were denied their constitutional right for pension benefits. Nor was it in a legal void when citizens were denied the freedom of assembly and the freedom of association as per the constitution. The country went on. The country and the people will still go on. If Nasheed really believes that there will be a legal void, I CHALLENGE HIM TO OPENLY DECLARE THAT IF WE FAIL TO ELECT A PRESIDENT BY 10 OCTOBER, MAUMOON ABDUL QAYYOOM WILL HAVE NO LEGAL BASIS TO OCCUPY THE PRESIDENT’S OFFICE, AND THAT THE SPEAKER OF THE MAJLIS SHOULD ASSUME THE RESPONSIBILITIES OF THE PRESIDENT. If he doesn’t have the guts to say this, then he should stop his whimpering about Constitutional Voids, and let us get on with the work of building this nation. But my guess is, when the 10th of October passes with no election, it will be the Legal Reform Minister who will also be coming up with all the legal arguments for Qayyoom to continue in office, and how the Transitional Chapter is simply a “bridge which smoothens the process” and that of course there is continuity and contiguity of Qayyoom’s government.
I can understand the DRP position on this. What puzzles me is that MDP wants to hasten this election. Anni claims that we can’t have a free and fair election even if we take 20 years to do so as long as Qayyoom is in power. So why doesn’t the MDP work towards going into the “Void” Nasheed has created, and then mount a challenge on the legitimacy of Qayyoom’s continuance in office? They would then have the field clear of Qayyoom, and maybe Anni can then admit the possibility of a free and fair election.
Or is there an understanding that whether Qayyoom wins or Anni wins, it will be an MDRPA alliance government that will be in place?
Fact is, neither the DRP, nor the MDP wants to allow the people to make an informed decision.
There will be no Void. As Vitalstatistix would say, the sky will not fall on our heads. Maldivians went about their business before 1932, when we did not even have a constitution. They have survived the various “governments” and violations of the constitution by these governments for the past 76 years. I am sure they have the tenacity to carry on until the EC gets organized enough to have a decent election in this country.
Constitutional and Legal Voids, my foot. Try pulling the other one, too.
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