Food For Thought

Facing reality.......

A coup d’état is usually brought about by people who are convinced that they cannot acquire power through democratic means and / or those whose vital interests are mightily threatened without power .

Friday, August 8, 2008

The Constitution

The Constitution

In 2004, I decided to contest the election for the Special Majlis because I believed with every fibre of my being that drastic changes to the constitution had to be brought, and the rule of law had to be brought back to our country if this country was to survive. The Maldives had been ruled with a tight fist by Qayyoom for over 25 years, and his single minded worldview had taken root in the core of Maldivian society. Qayyoom’s formative years had been spent in Baathist Egypt, his hero was Jamal Abdul Nasir, and he was trying to emulate a system of governance which you found in Nasir’s Egypt and Saddam’s Iraq.

It had come to a point where brutality was becoming the order of the day, and any thought which did not fit into his worldview was proclaimed to be treacherous and equivalent to treason. In short, the nation itself had become synonymous with Qayyoom. Anything which anyone said or did which was not in line with Qayyoom’s thinking was of course something which would destroy “national unity”, and by default detrimental to the nation. He even went to the extent of creating a new concept : “ebbaeh vanthakan” (oneness of people) which was portrayed as different from “ebbaivanthakan” (unity of people). “Ebbaeh vanthakan” was perceived to be a “higher state of existence”.

By the turn of the century, all the hallmarks of a true despot were very well defined and very visible. This was really not surprising, as anyone who has enjoyed that much of unfettered, unchallenged power for such a long time would have developed the psychological profile of a despot. History has shown this to us time and again.

With the brutal murder of Evan Naseem, and what ensued from then on, Maldivians had to decide what to do next. It was obvious that leaving the dictatorship as it was, would ultimately lead to a total systems break. But the critical question was how do we change the system? There were two main choices : bring down Qayyoom, revolution style, through direct public action, which would have been a quick way of obtaining an immediate respite, or focus on dismantling the very structures which held up the dictatorship. I always had believed that the latter was the solution that we should pursue. For many reasons.

First and foremost, to leave the structures as they were and simply replace Qayyoom would have had disastrous consequences. Whoever replaced Qayyoom would automatically inherit the structures, and the next dictatorship would begin. Once in power, it is highly unlikely that the new ruler would seek to democratize the system. Furthermore, he or she would, at that time have huge popularity in his or her populist agenda, and it would be virtually impossible to pressure or force the new ruler to bring any meaningful reform, because power would be derived from the masses. The intellectuals and thinkers in the movement to bring change would be quickly sidelined and projected as people “obstructing” the masses from “reaping the benefits” of the revolution with their fancy ideas and idealism. The Chinese revolution, what has happened repeatedly in Pakistan or even the more recent movements elsewhere in the world is consistently telling us this.

I know, that what I am outlining here will most probably anger some, particularly those who had believed in the panacea of removing Gayyoom from office with respect to our problems. However, this is the truth as I saw it, and I still see it.

So, replacing one dictatorship with another was, to my mind, not the solution. If one took a quiet moment to reflect on the defining moments in the past four years, and did some soul searching about the “reform movement”, one can identify the struggles between these elements. If we look at how this movement has evolved, and how it has fanned out now, we can clearly see early signs of what would have happened had there been a power vacuum without structural reformation.

In short, the actual reform would only come through structural reformation and readjustment, and the practical question to be asked was : do we attempt this with a weakened, dying out dictatorship which lacked any credibility in the public eye, at the helm; or do we attempt this with a vibrant, young, public adoring dictatorship at the helm?

I BELIEVED THAT IT WAS IMPERATIVE THAT STRUCTURAL REFORM BE MADE BEFORE A CHANGE OF GOVERNMENT OCCURS.

It was not an easy decision to make. On the one hand there was the deliberately created expectations of toppling Qayyoom on the streets. Everytime there was a demonstration or a protest on the streets, there was an expectation that tonight the Government would be toppled. The primary purpose of the particular protest would be lost somewhere between the starting point for the march and the designated rallying point. And of course, when it did not happen, instead of blaming those who created the unrealistic expectation, a carefully engineered propaganda piece would be generated to point the finger at those who had always advocated that this was not the way to go. Of course I had to bear the brunt of it. Who else, but Ibra, with his “shady dealings” with Qayyoom, Qasim, Ilyas, Yaameen and others could be blamed? The pressure was immense.

On the other hand, as an elected Member of Parliament, and as one who deeply loved the people of this nation, and as one who was fully committed to a genuinely democratic Maldives, I also had to consider the long term consequences of any action I take, or endorse. Of course, public direct action and sustained public engagement was a necessary component to keep the process moving, and to pressure the ailing dictatorship to give in to the democratic process, particularly on the floors of both Majlises where profound decisions were being made on a daily basis. One also had to consider the fragility of our society, the possibility of economic collapse, the loss of investor confidence, the possible bursting of the tourism bubble and diverting markets to competitors, the possible long term negative effects on a closely knit community and many such factors.

In the end, I realized that a fine balance had to be maintained between modes of action, and my belief that Structural Reforms should come before a change of government was further strengthened. And I decided, that whatever cost to my personal political career it might incur, I would dedicate the majority of my efforts to the constitutional revision process.

The decision HAS been costly to me personally. I had to remain silent while all kinds of rumours and innuendo, and outright lies about me were being spread around. While every other contender for the Presidency were focusing their energies on campaigning (Qayyoom, Anni, Hassan and others), I was stuck, day in and day out, 18 hours a day, 7 days a week in the drafting committee office. The amount of redrafting that we had to do even at the committee stage, the number of meetings which had to be called off because of lack of quorum, were carefully orchestrated attempts by political opponents to keep me engaged, and to discredit me. The pressures on my time were such that, at one point, my daughter declared that she needed another father because the current one did not have any time for her! I can understand her sentiment, because sometimes, I would go for a whole week without spending any time with either of my children.

Whatever the cost to me personally, I am now extremely joyous that the Constitution had been finally revised, and that whoever comes into power in the next election, be it Qayyoom or I, or anyone else, he or she will not have unchecked power to create another dictatorship in this country. Nothing short of a military takeover, or the public giving way to a plutocracy, will ever reduce us to that condition of inhuman subjugation. Even as I say this, I do realize that the possibility of a plutocracy is looming large on the horizon. That will be the next challenge.

I am grateful, that this objective of mine had been realized. I do not regret the decision I took. Whatever difficulties I had to face, whatever political damage that I may have suffered because of my decision, is still worth the achievement. If I had to, I would do it all over again.

We have now laid the foundation for Structural Reform, we have brought about much change, we have closed the doors for a dictatorship (at least legally!) and we did it more or less with our society still in one piece, the tourism industry still intact. All in all, not a bad 4 years work!

Allah bless us all.

29 comments:

  1. I beleive all the hard work & ur time is very well paid off.. today we all can see light from the dark..keep on..we can win this together..

    its a gaint step for our small nation..we are already breathing some fresh air..

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  2. ibra,

    you made the right decision. And I am with you on your campaign to the top job

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  3. GREAT job. we thank you for all the hard work. and for all the MPs who defended and voiced the rights and concerns of people.

    KURIAH DHIVEHI GAUMU.

    =Maldivian student in UK=

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  4. While others were busy in the streets trying to topple Maumoon, and also doing everything they can to stop you from doing work on the constitution, you were busy for 18 hours a day working on the constitution. So it is you against all the others, isn't it. Against all odds, you have made sure that the constitution is a reality, isn't it. Dream on Ibra, dream on.

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  5. Anonymous:
    I was on the streets, demonstrating with the people when I had to. If you can name just ONE leader of MDP who has attended more demonstrations than I have, hats off to you! But when protesting for the sake of protesting starts happening, I am out of it.

    And yes, the constitution was finally completed despite all the odds. History speaks for itself.

    After completing the constitution, when I judged public action was necessary to get it ratified, I was out there again: it did the job, didn't it?

    The dreamers were those who believed that Gayyoom could be toppled on the streets.

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  6. History will remember you and the rest of people like you, who worked tirelessly in changing the system and structure and bringing about this new constitution. You are the unsung hero's.

    Keep up the good work. You made a difficult choice but the right choice. It might not provide you with instant material benefit now but being remember in history is worth much more than that.

    Goodluck. Change we can and change we will!

    (I was a student who once listened to a guest speech from you on the invitation of Mr. Ratnayake at the Gateway school in Kandy and met you there personally. You might remember me or maybe not. Anyways that was the only guest speech that had the student population actually listen to it, i can attest to that)

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  7. Ibra: 1. Which do you prefer in the constitution - raeesakah hunna meehaku 'viyafaarieh kohgen nuvaane' or 'viyafaarieh hingumugai amalee gothun baiverivegen nuvaane'? 2. I hear Gasim asked you to insert that amendment. True? 3. Would you agree that amendment should have been debated because it was such an important and substantial issue?
    =Center-right=

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  8. What are your thoughts on how practical the constitution is to implement?

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  9. Well done Ibra. Watching the parliament, I sometimes wondered how you coped with the enormous workload.
    Nevertheless, the job is done and to our expectations. But the I would say the reform process has many pitfalls such as the imminent plutocracy (or Corporatocracy) that you were concerned.

    The next stage may be be to install such safeguards, so that reforms do not backslide. But I think you need to educate the public on this more.

    I hope you write a post on this soon.

    Many thanks. Keep up the pressure.

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  10. Dear Ibra,

    I have to say that only a handful of the members of the Special Majlis deserves the highest credit for getting the constitution revised and ratified, and you are definitely one of them on the very top!

    So, congratulations to you and the drafting committee and the other sub committee that worked extremely hard to reach this stage.

    As you have said it is a very worthwhile effort you all put in, and I pray Allah Almighty to give the Maldivian people the ability to build upon this important milestone in the journey of change that we are all striving hard through.

    I believe the Maldivian people have a very important job in their hands to get the best out of this important milestone; it is the job of increasing the awareness of the people (in terms of political, social, religious and economic aspects).

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  11. Anonymous:
    The Constitution calls for a whole new thought process in the country. For it start working properly will take time. It will also need a lot of dedicated effort by many people.

    It is not unpractical as any democracy is not unpractical. Democracy is not necessarily the most efficient form of government. But it is certainly the form of government which protects the people from abuse and tyranny. The most efficient would be, I believe a Platonic Republic. But that is an idealistic system which can only be practised in Utopia.

    Do not fear, my friend. Maldivians have a high absorption capacity. We will be fine. Just don't give up!

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  12. The possibility of a plutocracy IS looming large in the horizon.

    We have seen a newly formed Republican Party welcome itself into the highly volatile Maldivian political arena, and we have seen how effortlessly it has secured the majority opposition seats in the Majilis. Many 'politicians' sensing almost simultaneously, that this is where the money to be made is, have wasted no time in rushing to sign up, leaving behind old allegiances & civic responsibility in it's wake.

    A Business Party by businessmen for businessmen! The statement made by Jabir on a possible contender for the Presidency to be fielded by them, should suffice as proof of what they stand for!
    As one blogger put it, it seems that they see us, the population, as a consumer entity to which a product should be "marketed".

    The words of professor Robert W. McChesney, "It is a disaster for anything but the most superficial notion of democracy--a democracy where, to paraphrase John Jay's maxim, those who own the world ought to govern it", seem most appropriate here.

    This republican party has shown us very clearly who are in this regime-change boat for their own selfish gains and who are in it for the people.

    Power corrupts. And while 'legally' it is not possible henceforth, for a future government in this country to recede into a state of usurpation centered around one man or an elite few, history and in fact the present is rife with examples of 'democracies' being undermined from within, while clothed in the guise of a democratically elected government.
    In today's world, a democracy is fertile soil for despots as well.

    Concepts such as Participatory Economics and Parliamentary Oversight should be central to the idea of a REPRESENTATIVE Democracy, if we are to ensure equitable distribution of the nations finite wealth and the accountability of those in power, to the people. The idea that 'The Few' who have concentrated this wealth, deserve to speak for the many from whom which this wealth had been expropriated in the first place, does not sound very representative to me, Or very socialistic- I'm sure you would agree.

    It is this very flaw which allows convicted murderers and criminal elements to contest elections in the Biggest democracy in the world (even while they are incarcerated)- that also allows those with the loot to 'market' their seats in government!

    Lalu Prasad, for example, was able to occupy the post of Chief Minister of the Indian State of Bihar for decades by way of this very same 'legality' we talk of here. He is widely acknowledged as being the most openly corrupt politician in India- and he was there by popular mandate as well. Every single time.

    Ordinary people are easily swayed by false promises of more jobs, higher pay, better housing etc, without much impetus for laying out the policy details of How politicians intend to full fill these promises. It is from this platform- the ignorance of the masses & their desire for regime change, that most parties have come into being and from which many businessmen have launched their political careers. A disturbing trend.

    The various opposition parties must have a constitutional responsibility to ensure that the people are made aware of how they intend to make good on their promises, instead of recycling the usual rhetoric of Golhaa-bashing. And it is based on this premise that they should be elected to office. Why again, it is important that peopl know what democracy means before they start acting on it!

    As you said, this constitution is legally airtight. But as any lawyer would tell you 'legal' is a very plastic term. Consider that fact that businessmen have been able to legally forgo "direct" involvement in their businesses, thus bypassing any constitutional hinderance to 'investing' in politics!

    I wish there were more politicians like you. But unfortunately the mechanism which is driving this now constitutionally defined democracy maybe the very reason why you may not be able to make headway in an election while a republican party buys all seats & votes in parliament and on the streets.

    You have my support, for what it's worth :)
    I sincerely hope that you are able to take this message across the whole of Maldives, because after all this country is not just one island in kaafu Atoll.

    I also hope to see Dr.Hassan Saeed and Dr.Waheed join your party, but that might be just wishful thinking on my part. It is a dream I often dream of.

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  13. The constitution u r so proud of being part of is a farce to me and many others like me. Only time will tell. Yes, history will tell our grand children that Ibra was behind a constitution which does not give them the peace to choose a faith they want. Ciao.

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  14. Yes, you rightly deserve the credit for the constitution. But it is important not be complacent about what you have achieved.. I believe people are having their rightful high expectations but are dangerously naive as to next stage of the democratic process.

    Although the threat of plutocracy or a kind of a ‘mafia rule’ is looming large, you are the only one who has mentioned this. Please do not be hesitant to talk about it fearing reprisal.

    This is a far worse menace than the dictatorship we had because so far it is a one man show. Naturally, this ‘one man show’ will transmute into a ‘group show’ with the same output. It would be worse, because this new dictatorship would be with a democratic face.

    Please do not let the hard work of your labour die a premature death, before it is able to walk. In fact, what lies ahead is the most challenging part. Already the Jumhoory Party (with strange bedfellows) have come to an unholy alliance.

    What common purpose binds these business rivals other than to use the might of their resources to manipulate the democratic process.

    I think you have crossed the easiest hurdle, with many more to come.

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  15. drfreex:
    Thank you for your thoughtful comment. I don't have much by way of reply. You have expounded much of what I feel as well.

    Your support is important, and it is worth much. A thousand mile journey begins with one step, and this is going to be a mighty long journey, and I am in it for the long haul. And is life worth living if there is no challenge in it?

    I am trying to create a boat for like minded people to travel together. Looks like I have found one more!

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  16. Anonymous:
    No, I am not afraid. I simply try to state facts as I see it. If it rubs someone up the wrong way...so be it. I guess that is my brand of politics. Compromising principles and not speaking my mind in exchange for political expediency is not something I subscribe to. If I win this election, it will be on terms that I believe in, so that I will have gained enough political capital to spend on achieving what I envision for this country.

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  17. center-right:
    I think your questions deserve a separate post as answer. I will write one when I have a bit of time (a scarce commodity these day!)

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  18. Anonymous:
    On the issue of freedom of religion: faith is a personal thing. The fact that you have to express yourself on the issue under anonymity explains why the Maldivian constitution does not grant that freedom. I am simply a representative of the people, carrying out their wishes.

    I am a Muslim, I believe deeply in my faith, and I would die gladly defending my faith if I had to.

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  19. Hi, Ibra even Mandela sacrificed his family and loved ones for the nation, its not something new. Don't point fingers at others having advantage and you were meant to do what you were elected to do. I think you had a choice of resigning form the parliamentary work and focus the election to become a president. Now you are saying to us as if since you did the parliamentary work and sacrificed your family in return people should elect you. What you do for the nation you should do it from your heart not from your mouth. I did this so people should elect me. No I don't think it works that way, let the people decide don't talk about what you have done for your country rather talk what you will do in future, once again to bring unity, prosperity and peace to the country. Let the people decide who is the best captain of the team Maldives.

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  20. Ibra,

    As you have been the head of the drafting committee, I was wondering if Gayyoom can still issue verdicts as the highest court. I just read a headline on the newspaper regarding the appeal by the Civil Service Commission and Gayyoom has issued a verdict on it.

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  21. Anonymous:
    Ah! I knew this had to come! I think you lost the whole point of what I said.

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  22. Anonymous:
    The President is no longer the "Supreme Court". He cannot issue any verdict in the judicial process after ratification of the Amended Constitution. Any verdict he has issued since Thursday, 7 August 2008 carries no weight.

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  23. Ibra posted:
    The fact that you have to express yourself on the issue under anonymity explains why the Maldivian constitution does not grant that freedom. I am simply a representative of the people, carrying out their wishes.

    If one (any ordinary citizen) is in fear and needs anonymity because of what's in the constitution, reciprocally, the constitution can instill fear in (some) ordinary citizens who mind their own business.

    Hmmmm ... constitution == farce !!!

    Personally, I prefer an elected official who stands on principle, not one who would just relay a message (albeit from the majority). In fact, doing what the people want is one the most abused phrases in parliament - IMO.

    Last, I do appreciate the hard work you put in to revise the constitution. To me, its just that this particular clause/article stands out as a huge embarrassment to a generally excellent piece of work.

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  24. dear anonymous,
    i guess it is for the sake of people like you that ibra has to explain that he has completed what he promised his constituency before talking about what's next.
    i am sure there will be people more naive then you

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  25. Looks like somebody from Team-Gasim has dropped a comment here telling us to stop being jealous for the "advantages" they have been blessed with , as opposed to having robbed it from the people.

    Only an informed people can "decide" who they wish to assign their fate to

    "If a nation expects to be ignorant AND free, in a state of civilization, it expects what never was and never will be." Thomas Jefferson

    It seems quite clear once again, that the sincere & selfless are being separated from those driven by lust for power.

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  26. riyaz:
    When we set out to revise the constitution, we had to prioritize on our goals. The movement was started by citizens who were desperate for freedoms and liberties which would allow them to live decent lives.The complacent middle classes and the elite who had the time and means to ponder on alternative faiths and their merits and demerits were exactly that : complacent. The opportunists were (and still are)leading comfortable lives, politicking at coffee tables, waiting to see which way the cat would jump. The public sphere and the private sphere were quite distinct. Transgressions on liberties were mainly in the public sphere. That was where the focus was.

    You have grossly misunderstood my comment. Sometimes you have to read between lines, and sometimes you have to listen to the deafening silences to understand prose and text. Read my comment again, more slowly, put it in the context of the socio-political environment of Maldives in 2004, be a little less subjective in criticism, and you may be enlightened.

    Anyway, take the effort to read through the minutes of majlis sittings and trace where the particular clause came from, and how it came.

    nb : The standing orders of the Majlis stipulates that an absolute majority of the Majlis is required for any motion to be passed by the Majlis.

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  27. riyaz:
    When we set out to revise the constitution, we had to prioritize on our goals. The movement was started by citizens who were desperate for freedoms and liberties which would allow them to live decent lives.The complacent middle classes and the elite who had the time and means to ponder on alternative faiths and their merits and demerits were exactly that : complacent. The opportunists were (and still are)leading comfortable lives, politicking at coffee tables, waiting to see which way the cat would jump. The public sphere and the private sphere were quite distinct. Transgressions on liberties were mainly in the public sphere. That was where the focus was.

    You have grossly misunderstood my comment. Sometimes you have to read between lines, and sometimes you have to listen to the deafening silences to understand prose and text. Read my comment again, more slowly, put it in the context of the socio-political environment of Maldives in 2004, be a little less subjective in criticism, and you may be enlightened.

    Anyway, take the effort to read through the minutes of majlis sittings and trace where the particular clause came from, and how it came.

    nb : The standing orders of the Majlis stipulates that an absolute majority of the Majlis is required for any motion to be passed by the Majlis.

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  28. Dear Ibra.

    I'm not one to converse via comments :) but a last comment on this subject.

    1) In this day, if one has to read between the lines and spend more time trying to understand the context of the matter from the point of view of the author (you), on a blog meant to communicate to the general public ... I'm thinking of the original "Annonymous" poster who had to remain annonymous .... to make a point ... something ... :)

    2) Going by your explanation, I did not misunderstand at all. A wrong call is a wrong call is a wrong call (to say "fail-vee" is so cliche now). It doesn't matter what the context was - its still wrong.

    3) True, I can only imagine the pressures that people like you were facing (during those times). Prioritizing, of course, I can understand. After all, that's the only way one can go forward. Practical it might be at that time, but I don't see (and I have not seen you make) a reasonable defense of un-prioritizing a fundamental human right - the right to have ones own thoughts free of any repercussion.

    In case you are wondering, I am a practicing muslim.

    Wish you all the best. You are definitely, one of the few better politicians Maldives has.

    Best Regards.

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  29. I am losing my faith in this blog. You patronizing tone and efforts to enlighten us are failing. I am not so proud of the constitution that you led. That's my opinion. Just because you were spending time in amending the constitution doesn't mean I have to vote for you. Prove yourself in the campaign. Don't try to enlighten us. Did you ever consult your constituents about the important issues during constitutional amendment? Like the faith question? You are losing your cool, Ibra.

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