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.

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!

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.

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.

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?

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.

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?

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. 

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:

1. 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?
2. 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.
3. 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.

1. 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.
2. 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.
3. 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.