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   <title>Talking Point</title>
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   <updated>2008-09-07T18:24:15Z</updated>
   
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<entry>
   <title>Manipulating the Elections Commission</title>
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   <published>2008-09-07T18:20:58Z</published>
   <updated>2008-09-07T18:24:15Z</updated>
   
   <summary>There seems to be some debate in the public domain on the manner in which DRP has come to &quot;own&quot; and &quot;manipulate&quot; to its advantage, the membership of the Elections Commission....</summary>
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      There seems to be some debate in the public domain on the manner in which DRP has come to &quot;own&quot; and &quot;manipulate&quot; to its advantage, the membership of the Elections Commission.
      <![CDATA[
<strong>Political Motivation</strong>


I feel that the discussion is purposefully engineered for political reasons, and more specifically, to cast doubt and bias over the functioning and decisions of the Commission - simply because, certain nominations put forward by certain parties on certain considerations, were not voted in for the Commission when the time came. 


<strong>Thirty-day Timeline</strong>


Meeting the timeline of 30 days for the formation of the Elections Commission had been one of the primary concerns of the government. This was evident in the remarks I made to the media on the night of the protest at the Presidential Palace over the ratification of the constitution.


If the Commission could not be formed within the 30 day deadline due to the difficulty to get the two third majority clearance for every candidate, there was no plan B. There was no agreement on what  should happen next. 


Hence the government took it upon itself to ensure that the Commission had to be set up at every cost to ensure the process did not derail, and the country did not plunge into a constitutional void. 


<strong>Deal on Nominations</strong>


The constitution required names to be sent by parties to the parliament. Eight parties sent names for five seats. Naturally candidates of three parties would have to be left out.


The question was how to get the agreement of parliament members to the amount votes needed to pass the two third threshold.


DRP linked to government could not have pulled it off on its own in parliament. DRP dealing with Peoples Alliance, a party owned by ex DRP bosses could not have done it on their own either. MDP with their relatively few members in parliament could not have done it alone by themselves either.


The nearest we could go for two thirds was having an agreement amongst those three parties. 


Ibrahim Ismail is a presidential candidate, and a single voice, with just one vote, representing Social Liberals inside the parliament. His agreement meant nothing for the rest. 


Republican Party had at least 10 parliamentarians but they could not be said to be the largest opposition to the government. MDP for all purposes would be that opposition. Therefore, outside the parliament, they were still to be formed and organized in a palpable way. 


Besides, the Republican parliamentarians had already started sending out express and implicit signals that they had the ultimate control over the process and that their blessing was crucial for any forward movement. Their message was clear, that, they would torpedo anything that did not meet their requirements. 


Naturally, a desire was evident amongst rest of the parliamentarians of other key parties to give out an equally strong message that Republicans could be proven wrong. 


<strong>Seat Allocation</strong>


After intense proposals that went back and forth, it was agreed that MDP should be provided with two seats on the Commission. Earlier DRP had asked for two. Reason was that it was the largest faction within the parliament and outside the parliament, and had two other parties aligned with it. The remaining seat was given to IDP to bring in a Republican candidate through an alternative route. 


How MDP could be given a second seat to balance power with DRP was the issue. It could be done only if a party supporting DRP could be encouraged to promote a candidate preferably from or at least acceptable to MDP. That was done when Peoples Party promoted the name of an MDP choice. 


Hence, the deal was done a day or so ahead of the vote, that People's party would carry the name of Fuad Thiwfeeq acceptable to MDP, in addition to allowing MDP to carry its own candidate Ahmed Shahid. DRP and its ally MSDP floated names of Mohamed Ibrahim and Mohamed Mahir respectively. The name of Ali Faiz, a Republican, but promoted by IDP was the fifth candidate. The package was completed. 


<strong>Saved in Time</strong>


Peoples Alliance was the central force that brought the deal together between DRP and MDP. There is no secret about that. In turn, DRP relied heavily on Peoples Alliance and MDP to collect the necessary votes and form the Commission inside the thirty day period.


Ultimately, the Commission was voted in on the 29th day of the constitutionally imposed deadline of 30 days. The Commission had two chairs aligned to DRP, two chairs aligned to MDP, and one chair aligned to the Republicans.


<strong>No Ownership</strong>


In this allocation of seats, it is highly creative to suggest that DRP has manipulated the Commission and has owned it de facto. Three of the five seats represent opposition to the government at worst, or neutrality at best. 


I am certain that despite the many accusations to the contrary, the Elections Commission would prove its independence, deliver on its expectations, and base their decisions on fair play. 


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<entry>
   <title>Prosecutor General, Elections Commission in</title>
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   <published>2008-09-04T19:38:55Z</published>
   <updated>2008-09-04T19:41:38Z</updated>
   
   <summary>In the country&apos;s known history, today would be the last day for the Attorney General to discharge the functions of the chief prosecutor of the state....</summary>
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      In the country&apos;s known history, today would be the last day for the Attorney General to discharge the functions of the chief prosecutor of the state.


      <![CDATA[
<strong>On the Prosecutor General</strong>


Within 30 days of coming into force, the new constitution requires the Attorney General to wrap up the prosecution function, and hand over the responsibility to another sister creature of the constitution, the Prosecutor General.


While the Attorney General would remain responsible for larger prosecution policies of the country, responsibility for individual cases of prosecution would remain a sole function of the Prosecutor General. He comes with immense powers on initiating or discontinuing prosecution, closing open files or opening closed files, ordering investigations into allegations of breach of law. 



A few minutes back, Ahmed Muizz has taken the prescribed oath and received the presidential instrument of appointment as the country's first Prosecutor General.


Earlier in parliament today, he received a powerful endorsement from 41 parliamentarians clearing Muiz for the coveted post. 


<strong>Denuding in Parliament</strong>



There was an attempt to denude Muiz in open parliament by some parliamentarians who did not feel he was right for the job.


However, we must remember that now is not the time to denude professionals in open parliament.


We have only a handful of people who could qualify for important jobs mentioned in the constitution or law. It is with great difficulty that we convince professionals to take up the job for the country. 


However qualified they may be, some of them express strong reservations to commit themselves for the job, simply because they want to avoid during the parliamentary endorsement process, any personal attacks on them or their family or any attempt to denude them in front of the public.


Where parliament proceedings are shown uncut in nightly television broadcasts, where parliamentarians are privileged to utter any comments they wish to, where there is no legal recourse to any defamatory statements made in parliament, and where our society is so small that every body knows everybody else, the scars of personal defamation run deep and take time to heal.


Worse still, we expose ourselves to a greater risk of not getting the right kind of people for the many jobs which need to be filled by professionals meeting stringent constitutional or legal criteria. 


I fear the enormous challenge of finding five suitable and acceptable people to the bench in the coming fortnight.


<strong>On the Elections Commission</strong>


Just a day before the curtains fell on the timeline for instituting the commission, the parliament was able to clear five members from five parties to take up the seats on the country's first truly independent Elections Commission. 


Their work will be regulated by the Elections Commission Act. 


The constitution required the names to be endorsed with two thirds of the members present and voting. When that requirement was translated into the parliament session held today, where 47 members were present, the number of votes needed was 31. The membership was cleared with 34 votes. 


Like reported in the media, the names were proposed in three packages. One list came from the DRP parliamentary group. The other came from the Republicans, and the third came from the Social Liberals. 


Following the order of proposing, the package suggested by DRP was asked for a vote first. It sailed with 34 votes. The package was supported by DRP, MDP, and PA. 


The EC members took their oath and received their letters of appointment in the afternoon today, hours after they were cleared by parliament.


They are on their own from the time of receiving their credentials. I understand that they were aiming at starting work right away. 


<strong>On Judicial Service Commission</strong>

	
Members of the Judicial Service Commission also have been informed by the president of their constitution. A letter was dispatched by the president to each of the members of the commission. The commission needs to meet now and elect their own chair and vice chair. 


The commission is formed under the constitution and the relevant Judicial Services Commission Act.


During the interim period, the commission is constituted of officials representing eight different sectors, including the high court, lower courts, law society, parliament, president and the public.


<strong>On the Supreme Court</strong>


The Supreme Court has to be in place within 45 days counted from the date the constitution came into force. The period will be over by mid September. That is the main institution that needs to come now before the election.


There is serious movement now amongst political factions within parliament towards agreeing on a list of candidates to be proposed by the Judicial Services Commission.  


Parliamentary endorsement is necessary for the interim bench of the Supreme Court, like it was necessary for the members of the Elections Commission. 
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<entry>
   <title>Presidential Debate Has Happened</title>
   <link rel="alternate" type="text/html" href="http://www.mnasheed.com/2008/09/presidential_debate_has_happen.php" />
   <id>tag:www.mnasheed.com,2008://1.277</id>
   
   <published>2008-09-03T21:20:04Z</published>
   <updated>2008-09-03T21:21:18Z</updated>
   
   <summary>After much anticipation, serious negotiations, and prolonged pressure, the six presidential contenders finally met at the multi-purpose studio of Television Maldives tonight, for two hours, on a historic first for the country: the first ever multiparty presidential debate....</summary>
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      After much anticipation, serious negotiations, and prolonged pressure, the six presidential contenders finally met at the multi-purpose studio of Television Maldives tonight, for two hours, on a historic first for the country: the first ever multiparty presidential debate.
      
Representing a wide spectrum of political beliefs, experiences, and aspirations, the presidential contenders explained why they were on the platform; policies they would pursue in education, health, fishery, and tourism; and how they would want to convert their election promises into concrete reality.
  

Given that it was the very first of its kind, and the nervousness that prevailed from start to finish, the whole affair can be summarized as pretty informative. In large part, the candidates were dignified in their approach. And contrary to the dominant expectation, the 120 strong audience representing twenty invitees from each candidate were well disciplined.

 
As a Maldivian, I am impressed with the immense maturity we have achieved in our political transformation within such a short span of time.  


As a citizen, I felt proud to have witnessed this important milestone taking shape on national television. As one amongst many behind the debate, I was delighted that the debate had concluded with purpose, and without incident.


I want to thank all of the candidates for accepting our invitation, taking part, and for providing useful insights to design and conduct the event.


I am particularly grateful to the president to have taken part in the show, and for having personally experienced an event of democratic reform that this country is going through under his stewardship.


For me and several of my team members, it was a nervous wait until the last minute. But I am so grateful to the Think Nation Team, Television Maldives and Voice of Maldives for pulling this thing off real nice.
 

My warmest congratulations to them all. 

   </content>
</entry>

<entry>
   <title>Presidential Hopefuls&apos; Meeting</title>
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   <id>tag:www.mnasheed.com,2008://1.276</id>
   
   <published>2008-09-02T19:45:42Z</published>
   <updated>2008-09-03T04:47:49Z</updated>
   
   <summary>I know I just published a post on Dr Hassan Saeed&apos;s concerns in the media over his alleged unequal access to state media....</summary>
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      I know I just published a post on Dr Hassan Saeed&apos;s concerns in the media over his alleged unequal access to state media.
      
I could not wait without mentioning how pleased I was tonight to see all the six presidential candidates in one room, sitting side by side, and doing nice talk with each other.
 

They met at 10 pm tonight at Voice of Maldives for a pre-debate meeting and sign some documents. 


They signed the debate guidelines. They took upon themselves some strict conditions that they would need to comply with while on the debate floor. 


They also decided on their seating arrangements. They also agreed to the order in which each of them would be invited to make the opening remarks, answer each round of questions, and offer the closing summation. 


The debate is being advertised now on state media. It is to take place as scheduled on the evening of 3 September at 10 pm.


The two and half hour event will be carried live on state television and radio. I have also asked the stations to offer clean live feeds to private television and radio stations as well. 


Live webcast of the event is already arranged with Dhiraagu. May be it will also happen with ROL. TVM website will also archive it once the debate is over.


This country will see a first yet again, in our democratic process, come 3 September. 


Hope everything turns out just fine. 



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<entry>
   <title>Dr Saeed&apos;s Access to State Media</title>
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   <published>2008-09-02T19:13:50Z</published>
   <updated>2008-09-02T19:31:39Z</updated>
   
   <summary> It has been said that all presidential candidates have been given airtime on state media except Dr Hassan Saeed. It has been said that such acts impact upon government&apos;s attempts at holding free and fair presidential elections....</summary>
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It has been said that all presidential candidates have been given airtime on state media except Dr Hassan Saeed. It has been said that such acts impact upon government&apos;s attempts at holding free and fair presidential elections. 


      <![CDATA[<strong>
Dr Saeed's Concerns</strong>


Looking at media reports of the past few days, there seems to be several concerns expressed by or attributed to Dr Hassan Saeed.


Here is a summary of them all. 


a)	failure to give access to Dr Hassan Saeed breaches Equal Access Agreement signed on 25 June; 


b)	while Dr Hassan Saeed was invited to participate in the development of the Equal Access Agreement, he was not invited to sign the agreement;


c)	when state media started giving 15 minutes of free airtime to each political party under the banner "Siyaasee Fendaa" a series created under the Equal Access Agreement, Dr Hassan Saeed was deprived of those 15 minute broadcasts; 



d)	failure to give access to Dr Hassan Saeed on "Siyaasee Fendaa" is denying him the right of reply as regards attacks made against him in "Siyaasee Fendaa" programs;



e) 	giving unequal coverage to Dr Hassan Saeed on state media amounts to a breach of the doctrines of equality before the law; equal protection under the law provided in the Maldives constitution; and sharing of state media by all citizens enshrined as a fundamental right under the same constitution; and the "mistreatment" specifically breaches articles 17 (a), 20 and 23 (e) of the constitution. 


<strong>Airtime to Presidential Candidates </strong>


Quite contrary to popular belief, state media has not given 15 minutes of free airtime to any presidential candidate. The free 15 minute broadcasts are given by Television Maldives and Voice of Maldives to political parties alone.


The airtime has been given to all registered parties irrespective of the fact that the party may have a presidential candidate or not. 


The airtime is given solely with the view to encourage participation from the full spectrum of political ideologies in the current process of democratic transition. It has been given to supplement any deficiency there may be in coverage of their activities. It has been given as a platform to allow political parties to engage and communicate directly with the electorate or the people.


<strong>Breach of Access Agreement</strong>


The Equal Access to State Media Agreement signed on 25 June talks about two types of airtime in two different periods - "Period A" talks about airtime between the signature of the agreement to the time formal campaign period is announced by the Election Commission - "Period B" talks about airtime during proper campaign period.
 

Airtime during "Period A" is limited to coverage of news of political parties, political rallies, political events, political interviews, and political activities held by political parties. The same rule is extended by express mention to individual presidential candidates as well.


Airtime during "Period B" relates to pure campaign coverage. In addition to providing coverage as mentioned in "Period A", there will be additional opportunities given during "Period B" to purchase airtime, broadcast advertisements, and announcements of presidential candidates. The rule extends by express mention to running mates of presidential candidates and parties with candidates. 
 

Dr Hassan Saeed has been given "Period A" coverage as required under the Equal Access Agreement. He will be able to gain "Period B" coverage and purchase airtime, and use other services allowed under the Equal Access Agreement when the formal campaign period commences. 


Therefore, it is difficult to accept that there is any breach of the Equal Access Agreement. 


<strong>Not invited to sign the Agreement</strong>


Dr Hassan Saeed and Mr Idham Muiz Adnan were invited to take part in the development of the Access Agreement because it dealt with coverage of presidential candidates activities during "Period A" just as state broadcasters would cover activities of political parties. 


They were invited because there were rules being designed in the Agreement to cover political activity both before and during the presidential campaign period, and those rules were of relevance to individual candidates just as much as they were of importance for political parties. 


Although the agreement is primarily designed for use by political parties, rules applicable to parties have been extended by agreement of parties to individual candidates as well. 


Anyone who goes through the Access Agreement would know there is no difference made between parties and individuals as regards coverage of their acts and activities during or in the run up to the presidential election. 


Dr Hassan Saeed was not asked to sign the agreement because Information Ministry could not have signed a document designed for presidential elections coverage except with legal entities of relevance. 


A person who has expressed interest to stand for elections would not qualify to being an entity that could sign a media access agreement with the government unless he is a candidate certified by the competent authorities. There is no such candidate in the Maldives just as yet. 


Therefore the only possibility was to ask the registered political parties to sign the agreement, but in a way which protected the interests of parties and presidential candidates alike. 


That was why Dr Hassan Saeed was not invited to signing the Access Agreement. He may not be a signatory to the agreement. But he is very much a beneficiary of that arrangement. 


<strong>Siyaasee Fendaa Broadcasts</strong>


Fifteen minutes of airtime afforded to each political party every other day on radio or television under the series "Siyaasee Fendaa" is mistakenly confused by many to have originated from or given under the Access Agreement.


The free airtime broadcasts are mere political party broadcasts allowed outside and independent of the Access Agreement. I have explained already what is covered under the Access Agreement.


"Siyaasee Fendaa" is to continue well after the presidential elections are over. It would continue well into the parliamentary elections and local council elections.


The content of "Siyaasee Fendaa" broadcasts is focused by parties on presidential elections these days because the season is such. But the program must not be confused to be airtime granted to parties for presidential elections. It definitely is not. 


There are parties on the "Siyaasee Fendaa" programs which have no candidates for the upcoming presidential elections. 


As "Siyaasee Fendaa" has been designed for allowing political party input and larger public participation in the democratization process or the transitional phase, there is no similar avenue that could be opened up for individual candidates. 


If Dr Hassan Saeed is given airtime on Siyaasee Fendaa programs, I would have to meet a flood of requests by individuals to be on air, free, every other day. I have to use a consistent and uniform yardstick to allow free airtime on national television and radio. 


The safe yardstick I have chosen is to allow the opportunity for political parties. At least they have gone through a process of registration, collected 3000 supporters, incurred expenses, obtained a certificate of registration, and procured a license to take part in political activity. 


However much I know that Dr Hassan Saeed is a genuine presidential candidate, I cannot extend the same status to him on a platform reserved for political parties. That would be to dilute the difference between a political party and an individual who hopes to stand for presidential elections. 


Not giving airtime to Dr Hassan Saeed on "Siyaasee Fendaa" therefore, cannot be said to breach the Access Agreement. 

<strong>
Place in Debate </strong>


The presidential debate scheduled for 3 September is designed for all persons who have said that they would stand for presidential elections. The debate is for those who have begun their campaigns or would embark on their campaigns.


The debate held by Think Nation Team is meant to be an exercise of voter education - to educate the public on policies of their could-be leaders. 


That is why Dr Hassan Saeed has been invited for the debate. But that does not still mean that he must be given airtime like it is given to political parties. 


<strong>Denying Right of Reply</strong>


It has been said that if Dr Hassan Saeed is not allowed time on "Siyaasee Fendaa", he is being denied the right of reply as regards attacks made on him or his policies by people representing political parties on those free broadcasts.



That is not quite correct. If Dr Hassan Saeed is anxious to reply to a criticism he cannot be given time on "Siyaasee Fendaa" because those are pure political party broadcasts. 


The rule of balance and fairness which ought to be followed by the station does not apply there. 


There is a cautionary notice read at the beginning and at the end of each "Siyaasee Fendaa" program that the station takes no responsibility for any words uttered by parties as the program is a pure political party broadcast.


However, if Dr Hassan Saeed would like to respond to issues raised against him, he could hold press briefings to the media or give interviews to the state media defending himself or his policies, or clarifying himself or his policies. 


That opportunity is available to him under the "Period A" broadcasts of the Access Agreement.


<strong>Mistreatment amounts to breach of law</strong>


Yes, article 20 of the constitution provides for equal opportunity and equal protection under the law. Yes, article 23 of the constitution creates a best endeavor obligation on the state to use its resources in an inclusive manner and the obligation extends to the resource of the state media organizations.


To claim mistreatment under the constitution or prove being subjected to inequality under the constitution, Dr Hassan Saeed would have to prove one of the two things: 


The state media has given airtime to a presidential candidate but not to him. The state media  has  given airtime to some political parties but not to all.
 

If Dr Saeed is sidelined when there is free time allocated to presidential candidates, then the state media has definitely breached the constitution. If the state media has excluded a certain political party from using the resources offered to all political parties, then the state media would have definitely breached the constitution.


Equality before the law must always be read to mean 'like treatment in like cases'.


It does not mean a political party and an individual shall be treated as equal. It does not mean people placed in two different circumstances cannot be treated differently.


It simply means that the state must deal with all people in similar circumstances in the same way and that there cannot be discrimination amongst people placed in like circumstances.  


Therefore, denying free airtime to an individual who says he would run for president in the manner free airtime is offered to all registered parties is not unequal treatment in like circumstances. 


State media is very much within the law and the constitution. 


<strong>No claim of right</strong>



It is regrettable but under the current circumstances there is nothing Dr Hassan Saeed can claim as of right from the state media. 


The approach taken by his campaign team activating all media on this with threats of legal action is all but regrettable.


The law asks people to be subject to similar treatment when they are placed in similar circumstances. 



Dr Hassan Saeed is not a registered political party. But a person who has said that he would stand for presidential elections this year. 


So far the state media has not given time to a presidential candidate to the exclusion of Dr Hassan Saeed. Therefore the state media cannot be held to be in breach of any constitutional or legal or contractual obligation. 


His threats to sue the state media or me can only be described as a naked threat that is not clothed with any incriminating facts.


Besides, he gains nothing going by that road, because by the time a judgment is obtained from the three tiers of the judiciary, the presidential elections would be history. The decision would only be good to be kept in the files of his campaign office.  That judgment would not alter the outcome of the presidential elections whether he is elected or not. 

<strong>

Letter to Me</strong>


Yes, Dr Hassan Saeed has written to me requesting airtime like it is given in "Siyaasee Fendaa". The letter is less strict than comments appearing in the media. 


Written on 31 August, my office received the letter on 2 September. I am yet to give a reply to him.


After having responded to various issues in the media, I still feel that Dr Hassan Saeed is a prominent candidate for the presidential elections, and for what ever it may be worth, he must be provided with some airtime to communicate his views and policies. But I can only do it, if there is a way to do it, and a way to defend the action publicly. 



May be the holy month of Ramadan could inspire a straightforward decision to tackle this politically sensitive and difficult matter. 
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<entry>
   <title>Happy Ramadan	</title>
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   <published>2008-08-31T18:46:22Z</published>
   <updated>2008-08-31T18:58:21Z</updated>
   
   <summary>Maldivians begin the holy month of Ramadan this September first....</summary>
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      Maldivians begin the holy month of Ramadan this September first.
      
Many other Moslem nations would begin fasting on the same day as well. There may be communities or countries which may begin their month of fasting a day or two later.


The beginning and end of the month, follows a lunar calendar, and is much dependant on the citing of the moon in the locality, or the country.


According to Moslems, the month is special for several reasons. 


It is during the month of Ramadan that the Holy Book, the Quran, was revealed so that truth may prevail over falsehood. 


It is during the month of Ramadan that nonbelievers resident in Makkah and the early believers ousted from Makkah and resident in Madinah met in the locality of Badr to fight the important first battle between the two faiths.


It is also during the same month that that a night [not known with certainty but speculated to be the night of 26th day] has been included worth the benefit of thousand months. 



The Moslems believe that the month of Ramadan is divided into three parts - with ten days in each part - first part is for seeking forgiveness; the second part is for seeking God&apos;s blessings; the third part is for seeking Paradise. 



This Ramadan becomes noteworthy as the serious part of the presidential campaign will run for the entire duration of the fasting month this year.



I am curious to learn how the candidates and their parties engage in character assassination, political tug-of-war, and personal bickering during the 30 days of fasting.


I am anxious to see if there would be any change in the character or conduct of candidates and their language or their disposition. 


Maldives is a Moslem country that observes the month of fasting with a different demeanor altogether: lots of good worship, lots of good deeds, and lots of good food. 


This would be the first time to include in the month&apos;s menu, some good politics as well.


I would like to see how these two aspects -  being Moslem Maldivians observing fasting on the one hand, and democratic citizens anxious about the presidential campaign on the other hand, blend into the Maldives landscape this time around.


I would like to see if the holy month any change to the prevaling spirit amongst the candidates in their dealings with one another. 

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<entry>
   <title>Two Institutions, Three Questions</title>
   <link rel="alternate" type="text/html" href="http://www.mnasheed.com/2008/08/two_institutions_three_questio.php" />
   <id>tag:www.mnasheed.com,2008://1.273</id>
   
   <published>2008-08-28T19:57:48Z</published>
   <updated>2008-08-28T20:05:53Z</updated>
   
   <summary>As political dynamics gather momentum, and the country moves nearer to presidential elections, people like us are involved in getting institutions and laws in order....</summary>
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      As political dynamics gather momentum, and the country moves nearer to presidential elections, people like us are involved in getting institutions and laws in order.
      <![CDATA[
As legislations reach parliament, greater efforts are being put at building consensus amongst warring political factions. So far the co-operation from all sides has been truly remarkable. 



As stages for nominating people to institutions approach, rounds of intense deal making are visible. High politics in the approach to these nominations, both within and outside the parliament's precincts, is natural, given the immense political interests of all parties involved. 



DRP has their candidate. MDP has their candidate. Republicans have their candidate. All of them have an interest in protecting the interests of their parties and candidates as they keep finalizing bills and nominations. SLP is unique, in the sense, its presidential candidates is a sitting MP.



Except for the SLP candidate, the locus on which the rest of the abovementioned candidates want to stand elections is disputed by political rivals. Their capacity to stand is likely to be challenged.
 


In such circumstances, it is natural to expect that nominations to all independent institutions would be politically motivated or based upon political affinity and affection. And of them all, nomination to the Elections Commission and the Supreme Court would be the most fought for, most crucial for all. 



Elections Commission is crucial to decide on eligibility of candidates at the time of filing nominations. Supreme Court is crucial to decide the correct judicial interpretation of certain political questions when they are appropriately challenged. 



Even if candidates themselves may agree not to challenge each others' capacity to stand, public interest litigation, being a fundamental right in the country, would allow any member of the public to challenge the nomination in the Supreme Court. 


It is expected that there would be three key questions of immense significance that would addressed in some form by the Elections Commission and the Supreme Court.

They are as follows: 




      +   Maumoon Abdul Gayoom, presidential candidate of DRP can stand for presidency with reference to article 107 (a) of the constitution;


        +   Mohamed Nasheed, presidential candidate of MDP can stand for presidency with reference to article 109 (g) of the constitution;


        +    How much active involvement in business would be active involvement with reference to article 119 (a) of the constitution and with specific reference to Qasim Ibrahim, presidential candidate of Republican Party.



These are political questions that would need to be settled through the judicial process. How they get settled would have serious implications for the mood of the nation, pulse of the people, and the players involved in the presidential elections. 


As a citizen anxious about the elections, as an official involved in the process, and as a facilitator for bringing about laws and institutions, I am nervous just as much as any other about the political hardball that would be played, and the madness into which this country would be plunged, should anything go wrong. 




<strong>KEY - </strong>



<strong>LEGAL PROVISIONS</strong>


<strong>107 (a)</strong> deals with the term of office of the president and limits the presidential terms to two and is relevant to the incumbent president who has completed six terms already under the previous system under the repealed constitution.


The language of the relevant article is as follows. 


"<strong>107. (a)</strong> The President shall hold office for a term of five years, and <u>no person elected as President pursuant to this Constitution,</u> shall serve for more than two terms in office, whether consecutive or otherwise." 


<strong>109 (g) </strong>deals with the qualifications of a presidential candidate and is relevant to the presidential candidate of MDP in respect of an affinity drawn from a theft conviction under the local penal code. 


The language of the relevant article is as follows:


"<strong>109 (g) </strong> not have been <u>convicted of an offence for which a hadd is prescribed in Islam</u> or of fraud, deception or criminal breach of trust."

	
<strong>119 (a)</strong> deals with what a sitting president or vice president shall not do, and is relevant to the Republican Party's presidential candidate in respect of the huge business empire he actually owns and quite literally runs himself. 


The language of the relevant article is as follows:


"<strong>119 (a) </strong>The President and Vice President shall not hold any other public office or office of profit, <u>actively engage in a business </u>or in the practice of any profession, or any other income generating employment, be employed by any person, buy or lease any property belonging to the State, or have a financial interest in any transaction between the State and any other party."



<strong>PARTIES</strong>


<strong>DRP</strong> stands for Dhivehi Rayyithunge Party linked to government and whose leader and presidential candidate is the incumbent president. 


<strong>MDP</strong> stands for Maldivian Democratic Party which is seen as the largest opposition to the government. Their presidential candidate is Mohamed Nasheed, Anni. 


<strong>Republican</strong> Party was created just recently.  Their presidential candidate and leader is the former finance minister and business tycoon Qasim Ibrahim. 


<strong>SLP</strong> stands for Social Liberal Party. Their presidential candidate is the Member of Parliament for Male' Ibrahim Ismail. 
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   </content>
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<entry>
   <title>Elections Commission Law Introduced</title>
   <link rel="alternate" type="text/html" href="http://www.mnasheed.com/2008/08/elections_commission_bill_rati.php" />
   <id>tag:www.mnasheed.com,2008://1.272</id>
   
   <published>2008-08-25T20:10:07Z</published>
   <updated>2008-08-25T20:40:08Z</updated>
   
   <summary> Within hours of passing the Elections Commission Bill, the president has this evening signed the bill into law....</summary>
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Within hours of passing the Elections Commission Bill, the president has this evening signed the bill into law.
      <![CDATA[
The special committee of cross party representation completed review of the bill last Saturday with professional assistance from the Legal Commissioner Mohamed Anil, who was involved in drafting the bill. 


Hoping that the bill would be passed Sunday, I had alerted the Attorney General and the President's Office on Saturday itself requesting for ratification at the earliest. The Attorney General and the President's secretariat helped. 


However, with several amendments proposed and lots of members requesting to speak during the reporting stage and third reading of the bill, the passage of the bill was carried forward to Monday.


Anyway, I am glad that the Elections Commission Bill has been passed today with the unanimous support of all 37 members present and voting. I am also grateful that the president has signed the Elections Commission Bill into Law tonight itself. 


Now we turn to the important task of assigning members to the newly created Elections Commission. 


Along with a contentious submission from the Republican Party way after the deadline, eight parties have submitted eight names for the five-member Commission.


To be successful, every nomination would need to secure two third of the votes of those present and voting. It is expected that the full membership would turn out for important votes. In that scenario, we are looking at least 34 votes of the 50 member parliament to secure every name. 


The current composition of the Maldives legislature is such that the establishment is fractured into six segments. It is near impossible to get the requisite votes unless there is substantial cross party support for the candidates. 


Submission of a name by the Republicans has angered some parliamentarians. Earlier the secretary general of parliament had screened the parties with the help of the Elections Commission Secretariat and written to seven parties asking them to submit names by 2 pm of 19 August 2008. All seven parties complied with the deadline.


Apparently, the Republicans have sent a name long after the deadline had lapsed, and it has been included in the list of names. This has prejudiced Peoples Alliance who could have held their congress and sent a name if there were no deadlines imposed. It could have done just like the Republicans did.


Members sharing the sentiment in the corridors of parliament were quick to make the obvious connection between the Speaker's unprecedented decision to allow that Republican nomination and his membership in that party.


This decision has not been questioned inside the parliament chamber yet. However, some members tell me that if the sentiment gains momentum, in the days ahead, it is likely that they may even open up the prospects for a no-confidence motion against the speaker.


If I were the speaker, I would not have allowed a late nomination, especially, if it came from my own party. That is the ethical test some members are putting forward in the instant case.


A no confidence motion can pass with a simple majority of those present and voting. 
 

I have my doubts, however, if any segment of the parliament would seriously want to develop a no-confidence motion against the speaker at this juncture, given the hectic parliamentary agenda we have, and the warm disposition with which Speaker Shihab has been dealing with members and the work before them.



<strong>KEY</strong>


Peoples Alliance is a party duly registered along with the Republican Party. While the Republicans have held their congress and elected office bearers on 22 August, the Peoples Alliance have not done so. The Peoples Alliance known as PA is a political party promoted by Abdulla Yameen, half brother of the incumbent president, a year after resigning from his Cabinet portfolio. The party has roots to an association run as PA. 
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   </content>
</entry>

<entry>
   <title>The 10th October Deadline</title>
   <link rel="alternate" type="text/html" href="http://www.mnasheed.com/2008/08/the_10th_october_deadline.php" />
   <id>tag:www.mnasheed.com,2008://1.271</id>
   
   <published>2008-08-24T19:47:43Z</published>
   <updated>2008-08-24T19:49:34Z</updated>
   
   <summary>One fear that has continued to surface is if we can have the presidential elections on schedule - that is to say by the October 10th deadline imposed by the August 7th constitution....</summary>
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   <content type="html" xml:lang="en" xml:base="http://www.mnasheed.com/">
      One fear that has continued to surface is if we can have the presidential elections on schedule - that is to say by the October 10th deadline imposed by the August 7th constitution.


      <![CDATA[
What I saw in corridors of parliament today was a cross party consensus amongst key DRP, MDP and Republican Party parliamentarians that the elections shall happen within the timeline given in the constitution. And that - there was no choice. 


It was in furtherance of that belief that section 22 of the bill was finally deleted from the bill. 


The contentious section 22 provided a route for the Elections Commission to come to parliament if it were of the opinion that a task provided in the constitution or in law was not possible of delivery. Meaning to say, once the Commission is formed, it could come to parliament and obtain a further deadline or guidance from the parliament.


The section was not in the original draft of the bill. It was included during discussions held with the core group as some members felt that a mechanism must be provided to the Elections Commission to come to parliament if it were of the opinion that it cannot hold elections inside the timeline given in the constitution. 


However, the section met with opposition amongst key parliamentarians. There were intense negotiations happening in the corridors of the chamber on whether to keep the section or not. I was consulted as well. The section was later deleted from the bill. 


The argument put forward by them (and supported by me) was that there was no way a constitutional deadline can be open for renegotiation by the parliament or the Elections Commission, as both are creatures of, and therefore subservient to, the constitution itself.


They were of the view that it was obligatory on all authorities representing the state to ensure that the deadline was met, even if that meant parliament or other authorities needed to put in extra time and effort.


Some members also questioned the legal validity of a section like that of 22 which was  designed  to clothe a clear circumvention of the constitution with questionable legal authority. 


They were adamant that the clause cannot be put in to the bill as it was suggestive that a constitutional obligation may at some point in time be renegotiated inside parliament.


The members were also clear of another crucial point. 


If there were a failure to meet the deadline, the country would go into a 'constitutional void'. Simply because the constitution was silent on an alternative route or Plan B to follow in case such an eventuality did occur. 


The members were certain that neither the parliament nor the Supreme Court could provide a way out in such a circumstance.  


They were also pointing at the constitutional provision which prohibited the constitution from being amended before presidential elections and parliamentary elections were held. 


In such a scenario, there would be no path to follow. The constitution would not provide an alternative process. The parliament or Supreme Court would not have the power to decide on the way forward. The constitution could not be amended. That would put the country into a vicious cycle of constitutional anomalies. 


All these concerns made them certain that the clause 22 of the Elections Commission Bill had to be removed. And that every effort be made, across the board, to hold elections within the timeline provided by the constitution.


The Elections Commission Bill is expected to be approved in final form on 25th August. 


A committee to study names of candidates provided by political parties to be nominated to the Elections Commission is also expected to be formed on the same day. 


In the meantime, the Prosecutor General's Bill has gone to a committee for further improvement. Parliament is continuing debate on the Judicial Service Commission Bill. 


It is expected that all these two bills will also be approved this week.


The speaker is clear that he would hold three sessions a day, if needed, to meet the timeline. Currently he holds two sessions of parliament everyday. 




<strong>KEY</strong>

DRP refers to the political party linked to government both inside and outside parliament. 

MDP is the largest opposition party in the country in terms of membership, but it is not the largest opposition party within parliament. 

The Republican Party is amongst the latest of entrants to the political spectrum and has the largest opposition faction within parliament now. 

]]>
   </content>
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<entry>
   <title>On Comments Past Week - 4</title>
   <link rel="alternate" type="text/html" href="http://www.mnasheed.com/2008/08/on_comments_past_week_4.php" />
   <id>tag:www.mnasheed.com,2008://1.270</id>
   
   <published>2008-08-23T19:29:44Z</published>
   <updated>2008-08-24T12:17:29Z</updated>
   
   <summary>I write this post as a reaction to some issues noted last week....</summary>
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      I write this post as a reaction to some issues noted last week.
      <![CDATA[
<strong>Congratulating Republicans</strong>




This blog comes right after the Republicans had held their congress. I must congratulate their leader, deputy leaders, council members and heads of various leagues.


I hear that their charter is very much the constitution of DRP. That made it much easier for me to ascertain who is elected to do what and in what capacity and what their roles would be. 


I cannot wish a rival political party the very best, politically. But the Republicans' leadership is full of friends and colleagues. Therefore, I would write a personal note for their well being and good health. 


<strong>The Debate Format</strong>


Much has been said about the format of the upcoming presidential debate.


Many commenters have felt that the presidential debate scheduled for 3 September is more of a question and answer session and less of a debate. 


Arguments from candidates may be good before a run off or when two candidates have been identified for the face off in a second round.


It may be difficult to allow seven candidates to engage with each other on a public platform. It could become quite chaotic. It would have less for the electorate to educate themselves about policies. 


Besides, this kind of engagement is as new in this country as the multi-party elections. Therefore we must tackle these issues gradually with the candidates and the people, I think.  


We must base ourselves on reasonable probabilities of the average people, and not on fantastic possibilities of the intellectual few. 


All that said, I must add here, that the name, format and guidelines for the debate come from a US consultant we had hired to advise on voter education. She was working with us from early July to mid August. She carries experience as a political strategist, in political debates, and political consultancy - including voter education.



We are following her script. We have compromised nothing for the sake of parties or candidates, except where we have allowed parties to agree upon a common moderator. The US expert had suggested that the moderator be a surprise official selected only by the Think Nation Team.


Other than that allowance, we are going by what has been written down for us by the consultant. 


In our meetings with the representatives of presidential hopefuls, we are trying to share the process with them so that they know exactly what we are doing. 


Nothing more. Nothing less.



<strong>Live Streaming</strong>


I am working on arranging live streaming of important programs and events happening via the state broadcasters in the run up to the presidential elections. 


I am trying to see how I can create an online platform where content related to presidential elections can be archived by state broadcasters and private broadcasters alike for convenient retrieval and viewing by online users across the globe. 


I need time for this. Wish me luck. 


<strong> Diaspora Voting</strong>


Human Rights Commission of the Maldives have asked me to see how the government could work towards arranging Maldivian communities overseas to vote in the upcoming presidential elections - at least in countries where embassies or missions or some diplomatic presence is found. 


I have given my assurance to the Human Rights Commission that the government shall try its best, and I shall try my level best, to incorporate a clause in the relevant legislation allowing voting by diasporas. 


Neither the electoral rules bill nor the presidential elections bill has come to parliament for debate yet. Nor have the core group taken up any of these bills for detailed discussion yet. I shall be able to gauge the reaction when one of these stages has lapsed.


Progress on these bills is expected during the week we start on 24 August. I shall share on this blog what I am able to achieve or not achieve on the voting opportunities for the Maldivian diasporas.  


<strong>Anni's Candidacy</strong>


I just hope and pray that the Supreme Court where this issue would land, if there is opposition to Mohamed Nasheed's candidacy, decide in all fairness and justice. 


As far as the government is concerned,  there is no movement to disqualify Nasheed or anyone. It is stated government policy that the government shall not do anything that would close the door on anyone who has expressed his interest to run for the highest office in the country.


That is exactly the same basis upon which I had to withdraw my proposal to retain the erstwhile qualification of presidential candidates being married to Maldivian nationals as opposed to foreign nationals. 


The proposal affected a presidential candidate. I withdrew the proposal, and made a statement to the media. 


There was something beautiful said by one commenter on this post. For the sake of democracy, the people of this country owe it to Anni, that he be allowed to contest in the upcoming presidential elections. I am much of the same of mind. 



<strong>Anni's Mate</strong>



No, I did not write that post on Nasheed's theft and eligibility to set the stage for me to join MDP, or become the running mate of Nasheed, or be his political partner.


Sometime back, Nasheed met me, before taking off to Kulhudhufushi, in the aftermath of the incident involving the Energy Minister. Among many issues we discussed over coffee that day at my office, a slight mention was made of the theft conviction as a possible excuse to block his bid to presidency. 


I told him outright that the government will not be involved in it. And that the government has no interest in taking the issue up. Since then, I had been doing some legal thinking about the issue. I had some notes written on it when Dr Munavvar raised the issue on DhiTV and earlier in the letter he sent to resign from the MDP presidency. 


I thought that time had come to publish a post on Nasheed's candidacy and conviction.


It was a mere coincidence that news was spreading in Male' that I may join MDP or become Nasheed's running mate. It was also a coincidence that the post was published in the aftermath of the press release issued by DRP presidential candidate's media office bashing my "Think Nation" team over the presidential debate. It was also the same period when I was spotted speaking to MDP activists in front of the MDP Haruge. 

 
All factors combined, it was legitimate for my post to be associated with a decision to join the membership of MDP. That has happened in this country. So there was basis for it. 


However, there is no such intention on my part to leave DRP or join MDP or become Nasheed's vice presidential candidate. I can confirm that. I wrote the post for professional reasons -.because I believe in his eligibility. 


Sometime back, I spoke in favor of Ibra's party being deemed registered. I wrote a blog post. People thought I was joining his party or I was creating a party to join after I left government.


Similarly, when I spoke in favor of those who argued that Dr Hassan Saeed's book was academic work and shall not be banned in the Maldives, people thought I was finally showing my true colors of being a New Maldivian. 


And a few months back, when I talked against senior ministers being appointed people thought I was leaving the government. And recently, when I hit back at the DRP presidential candidate's media office, people thought I was leaving DRP. 

There is nothing like it. I only speak my mind.

It is common knowledge that Nasheed and many other leaders of MDP are personal friends. It is common knowledge that my relationship with opposition figures and parties are reasonably sustained. I am accessible to all parties. I am reachable to all politicians of all faiths and beliefs and camps. 


<strong>Customs Legislation</strong>


I think I had explained in my post that the Customs Legislation suffered the territorial politics played by government agencies.


It is not that there is such an official policy or tacit backing for it from the top. It is just that each minister has a mandate that is put into practice in a way that reflects a bit of himself, his personality, his make-up, and priorities.


I am different from my predecessors.  My approach to media and law reform are so very different from the way those who came before me had approached those two areas.


The constitution talks of the office of the minister. The functioning of it very much reflects the personality of the human occupant and the priorities he has before him and the needs of the day. 


Customs legislation was for all purposes considered pre-mature. It did not have the support of three key departments. Trade Ministry which signed the GATT as the trade regulator and holder of the trade policy brief, Finance Ministry under which Customs was situated as a department, and the Attorney General's Office whose chief occupant was totally unsympathetic to the role which Customs must assume.  

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<entry>
   <title>Presidential Debate Shall Happen</title>
   <link rel="alternate" type="text/html" href="http://www.mnasheed.com/2008/08/presidential_debate_shall_happ.php" />
   <id>tag:www.mnasheed.com,2008://1.269</id>
   
   <published>2008-08-20T19:07:50Z</published>
   <updated>2008-08-21T05:48:31Z</updated>
   
   <summary> After much controversy, I am delighted that the president has confirmed his participation in the upcoming presidential debate....</summary>
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After much controversy, I am delighted that the president has confirmed his participation in the upcoming presidential debate.

      
His first expression of interest to take part in the Think Nation exercise came in a telephone conversation yesterday. I was so excited that I personally informed my permanent secretary that the president has indicated his willingness to take part in the debate. 


Earlier, with the collapse of the first attempt, the Think Nation team had issued invitations to presidential contenders the second time around, inviting them to participate in the debate, and inviting them or their representatives for a discussion on the subject at 2 pm on 20 August.


Today, a few hours before that meeting, the president, in a second phone call confirmed his participation in the debate, and told me that he would send a representative to the meeting. His campaign&apos;s media manager attended on behalf of the DRP presidential candidate. 


The meeting at 2 pm today was to share a few things with the representatives of candidates and agree upon a few things with them as well. 


The date has now been agreed to be 3 September rather than 28 August proposed by Think Nation. The agreement on the date was important. The time is 10 pm. The debate is to run live on state radio and television for 90 minutes. Private broadcasters would be allowed to use the live feed. 


The format of the debate also has been largely accepted. As far as I know, each candidate would be given three minutes to state his platform. Through out the debate, each candidate would be asked a set of three questions on domestic policies. Each question ought to be answered in three minutes without the aid of prepared notes. At the end of the debate, a further three minutes would be given to each candidate to make his summation remarks. A total of 15 minutes of exposure would be available for each candidate.


The order of seating and speaking during opening and closing remarks would be decided by a lot taken a day earlier. 


The moderator shall also be decided by the acceptance of majority candidates rather than by the Think Nation. This is a compromise decision we made with those who objected to a surprise moderator. This also helps us to start this series of debates on a happy footing where all candidates are comfortable with the choice of the moderator. 


Each candidate would be allowed to invite 20 of his supporters to the studio to sit in the audience. The audience would need to be controlled by their respective candidates.
 

The candidates are to sign an acceptance of the debate rules and guidelines.


It is also proposed that the lot taken prior to the day of debate be held amongst candidates attending in person  instead of their representatives. That is to provide an opportunity for candidates to meet with each other prior to meeting on the debate floor.


The participants would meet again at 1 pm on 21 August for a second round of discussion.


   </content>
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<entry>
   <title>Of Anni, Theft and Presidency</title>
   <link rel="alternate" type="text/html" href="http://www.mnasheed.com/2008/08/of_anni_theft_and_presidency.php" />
   <id>tag:www.mnasheed.com,2008://1.268</id>
   
   <published>2008-08-19T21:06:11Z</published>
   <updated>2008-08-19T21:09:42Z</updated>
   
   <summary>A few nights back, I was watching television, when a senior opposition politician very subtly raised doubts over Mohamed Nasheed&apos;s eligibility to run for the top job of the nation....</summary>
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      A few nights back, I was watching television, when a senior opposition politician very subtly raised doubts over Mohamed Nasheed&apos;s eligibility to run for the top job of the nation. 
      <![CDATA[
Mohamed Nasheed is the presidential candidate of the Maldivian Democratic Party. His eligibility to stand election is being questioned based on a conviction of theft several years back.


Prosecution of Mohamed Nasheed for theft was contentious from beginning to end. The conviction effectively evicted him out of parliament. The passage of years since the conviction has not changed the public perception over that prosecution or the conviction. 


His conviction for the offence of theft is resurfacing today with a different set of contentions - whether he is eligible to stand elections having suffered that conviction is the main contention.


Mohamed Nasheed's eligibility becomes a serious issue because one of the qualifications for a presidential candidate under the August 7th constitution is that he must not be convicted of a Hadd offence. 


Theft is a "Hadd" or "Hudud" offence under Islamic Law. 


<strong>Hadd</strong>


Hadd offences are often referred to as prescribed offences. They are called prescribed offences because of two reasons: Firstly, those offences are created in the Holy Quran; and secondly, penalty for those offences are prescribed either in the Holy Quran itself or in the Traditions of the Prophet.


The Holy Quran and Prophetic Traditions are the two basic sources of Islamic Law. There are seven such prescribed offences under Islamic Law. Theft is one of those prescribed offences.


The offence of theft is created by and punishment is prescribed in the Holy Quran itself. 
In chapter 5, called Maida, and in verse 38, the Holy Quran explains the penalty for theft as follows: 


"And the thief, male or female: cut off the hands of both, as a recompense for what they have earned, and a punishment exemplary from God..." 

<strong>Professional</strong>


My interest in dealing with the issue of Nasheed's eligibility on the account of a conviction of theft is entirely professional. It is obvious that the issue will be taken up in the days ahead as elections near. What I saw the other night on television was just the beginning. 


I am of the view that Mohamed Nasheed will be able to run for president despite his conviction of theft; and despite the constitutional requirement that a presidential candidate shall not be convicted of a Hadd offence; and despite the fact that theft is a Hadd offence.


<strong>Arguments</strong>

  
My conclusions are based on the following arguments:


1.	Nasheed was convicted of theft under the Maldives penal code. There is a section in the Maldivian penal code which defines the offence of theft. The section contains the essential elements of the offence. The Hadd offence of theft does not correspond to the same definition. 



2.	Maldives penal code is man-made law, and is developed in the 1960's borrowing largely from the Indian penal code. Indian penal code is a codification of several common law offences recognized as such in England. 




3.	Theft as a Hadd offence has its elements explained in Islamic jurisprudence. The elements of Hadd offence of theft are invariably different from those found in the local penal code imported from India. The offence of theft as a Hadd offence is applied in a certain socio-legal climate that is developed after Shariah values and morals. In the words of conservative thinkers, the society must be Islamic in every aspect where Hadd is applied as a means of delivering criminal justice. 

 
4.	The state prosecution in Nasheed's case was held with reference to the Maldives penal code. The criminal court in Male' convicted Nasheed of the offence of theft under the Maldives penal code. The punishment handed down on Nasheed was also provided in the Maldives penal code. 



5.	State prosecution never intended to apply the Islamic law on Hadd in the instant case. It never proved to the court that Nasheed's acts fell within the definition of the Hadd offence of theft. The criminal court did not establish the Hadd offence of theft against Nasheed. The punishment prescribed for Hadd offence of theft in the Quran was never applied on Nasheed. 




6.	Although both man-made legal rules and religious legal rules have created offences of theft, the elements that constitute the offence differ substantially in between those two systems. The circumstances under which each of the offences may be established and the level of proof required for establishing the offences also differ greatly between manmade laws and the religious moral code. Therefore the two offences created in two systems cannot be considered as interchangeable or identical or analogous or reciprocal. 


<strong>Experts</strong>



Mohamed Nasheed's prosecution was led by Dr Mohamed Munavvar as the Attorney General of the Maldives. Dr Munavvar holds a doctorate in judicial sciences from Canada. He left government in 2003, joined the MDP and later became its president. He was defeated recently by Nasheed in party primaries held to select an MDP presidential candidate. A few days back he has resigned from MDP presidency. 


The judgment in Nasheed's case was handed down by Mohamed Jameel Ahmed, chief judge of the Criminal Court at the time. He later became the Minister of Justice. After two years on the job, he resigned from his cabinet portfolio in August 2007. Recently he has earned a PhD in law from the UK. 

 
Both the legal experts are very much around and with us even today. I would like to see how they react to the issue of Nasheed's eligibility and arguments raised by me. 

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<entry>
   <title>Ahmed Muiz, Prosecutor General</title>
   <link rel="alternate" type="text/html" href="http://www.mnasheed.com/2008/08/ahmed_muiz_prosecutor_general.php" />
   <id>tag:www.mnasheed.com,2008://1.267</id>
   
   <published>2008-08-18T18:45:15Z</published>
   <updated>2008-08-18T18:47:53Z</updated>
   
   <summary>It is delightful that Mr Ahmed Muiz has agreed to accept the post of Prosecutor General....</summary>
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      It is delightful that Mr Ahmed Muiz has agreed to accept the post of Prosecutor General. 
      
I have been talking to Mr Muiz about the post for quite some time. Some of my colleagues including the Attorney General have also been working on it for quite some time. He was not convinced. He was very clear. It was a no. Of course, his rejection of the offer was valid, and for understandable reasons. 


He has a successful practice. It has taken him several years to come this far. He has a certain standing in the legal fraternity. He is reputed in the world of clients. He could not have made the decision to let go of all of that which comes with the legal practice. There was no way he could have filled the vacuum left by his departure from his practice. 


However, on the day Mr Muiz made the decision, I made one last attempt. I could not believe it when he said, yes. It was a short conversation. Of course, on several occasions before that, he and I had gone into the depths of the matter. I was quick to inform the president and colleagues of his acceptance.


It was blissful when he finally made the decision to take up the post. With that decision of his, the Maldives has the opportunity today to have the best suited for the job. I am hopeful that the parliament will clear him soon.


As a fellow practitioner, he is exactly four years my senior. When I joined law school in Malaysia, he had just completed his LLB program from the same university. A few years later he obtained his Masters from Malta. In the legal fraternity of the country, he holds an exalted position. He is known to us all as our &quot;big brother&quot; (no other meaning intended). When he talks we listen. With respect. 


Mr Muiz has nearly two decades of experience as a lawyer active in the criminal justice system. He has been one of the lead state attorneys handling prosecution. He has served as chief judge of the criminal court. He has appeared as defense counsel in several important prosecutions. His association with the criminal justice system spans many years, and can be summarized as rich, reputed, and rounded. 


I am doubtful if anyone with a balanced approach to institution building would object to his nomination.


Empowered with legal knowledge, owning two decades worth of experience, and reputed for being ferociously independent, he is the best anyone can find for the job, and the most suited for the task at hand.


The position of the Prosecutor General is an independent position created by the constitution. The Prosecutor General shall be the sole authority to supervise and decide on prosecution matters. The broad policies and guidelines on prosecution may be spelled out by the Attorney General. 


However, the decision on individual cases of prosecution would solely rest with the Prosecutor General. He cannot be subject to the direction or control or influence of any person or authority. His decisions are solely his own, made without fear or favor, and based on fairness, impartiality and transparency.


Among others, the Constitution grants the following powers to the Prosecutor General of the Maldives: 


    -      Prosecute all criminal offences; 
    -      Proceed with or discontinue or drop any prosecution;
    -      Monitor and review pre-trial conditions of arrest, detention and denial of freedom
    -      Investigate complaints of criminal activity; and
    -     Take over prosecution carried out by any other lawful authority.


The constitution allows functions of the Prosecutor General to be assigned with express instructions to people working within or under his mandate. 


Limited to a term of five years, plus a possible term of another five years only, his salary and benefits are decided by parliament.
 

I want to wish my respected colleague and good friend, the best of luck for the enormous challenge ahead. 

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<entry>
   <title>Gatekeepers&apos; struggle for Customs Law</title>
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   <id>tag:www.mnasheed.com,2008://1.266</id>
   
   <published>2008-08-17T19:02:07Z</published>
   <updated>2008-08-17T19:05:37Z</updated>
   
   <summary>If my recollections serve me right, when Maldives signed the GATT agreement, several years back, Maldives Customs was not aware that the Maldives government had signed the agreement. Maldives Customs was not aware that the GATT agreement had put a...</summary>
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      If my recollections serve me right, when Maldives signed the GATT agreement, several years back, Maldives Customs was not aware that the Maldives government had signed the agreement. Maldives Customs was not aware that the GATT agreement had put a deadline on Maldives Customs to fully migrate into the valuation methods introduced by the GATT valuation scheme. 
      
If my memory is still faithful, it was in one of the meetings to which the customs chief attended years later that he learnt of the approaching deadline created by GATT. Apparently, a different authority of the Maldives government had signed the agreement and Maldives Customs was not duly informed.


On his return to the Maldives, the customs chief struggled to get an extension to the timeline on GATT migration that was already nearing completion. He also worked hard to get the customs legislation in place to fulfill the requirements of the GATT valuation scheme.


That was when Mr Ibrahim Zuhair, the head of Maldives Customs at the time, introduced me to the scene - to look at some existing draft legislation. It must be at least six years back. After a brief discussion with him, I took up the assignment. I had to redo the whole draft - and revisit the whole process. It was a rewarding experience. Being a draftsman is fascinating career. One&apos;s horizons expand, every time a new bill is drafted. 


When a complete legislation pack called the &apos;Maldives Customs Law&apos; was created incorporating valuation methods and duty tariffs in one legislation as per recommendations of the international consultant, it fell on unenthusiastic hands.


The legislation now complete with the draft law and regulations which ought to be created under that law (a first in the country) was not approved by higher authorities. They felt that the duty tariffs were a mandate of Trade Ministry and not that of Customs. The bill had to be adjusted. 


To get around the obstacles faced, I suggested that the draft legislation be cut into two halves to create two twin legislations: one containing valuation methods and customs procedures, and the other containing duty tariffs. 


Still, the bills lacked the collective interdepartmental blessings to travel to the parliament. The bills were subjected to protracted and often meaningless scrutiny. Mr Ibrahim Zuhair would call me once in a while to help with some corrections, bring some changes, and do some fine tuning, as may proposed by a relevant authority of the Maldives government. 

 

Since I was closely involved in creating the draft legislation and bringing about the changes, Mr Ibrahim Zuhair thought I had grasped the best of customs procedures, the best of relevant protocols, and the fanciful mindsets of Maldives ministers in relation to that piece of customs legislation. However, that did not seem adequate for the bill to grow up into legislation. 


Years later, today, I had to be in the chair of the minister responsible for law making. Years later, today, I had to meet the customs chief to discuss the customs law. The feelings were mutual. It brought back old memories. 


The draft customs law I created years back, is still in draft form, and still shuttling between government ministries and Maldives Customs Service and law commission carrying various comments and observations. 


Three Attorney Generals, Two Customs Heads, and one Law Minister have come since the bill was first drafted.  The bill is very much on the drawing board, never able make it to the parliament or mature into legislation. 


The original reason for drafting the law still remains. Maldives still needs to adopt GATT valuation. But that reason is now eclipsed by a new and more commanding reason - the constitution of 7 August.


The government has managed to secure 12 months of life for the customs regulations in place. That is useful for the immediate aftermath of the constitution. But proper legislation and proper rules need to be in place before the sun sets on the 365th day. 


Besides, the fundamental rights guaranteed by the constitution and special safeguards given to local and foreign nationals alike with regard to detention, arrest, search, seizure, confiscation, investigation, prosecution and co-operation in investigations -  all affect the work of customs pretty squarely.


Being gatekeepers of the Maldives, it is the core function of customs officers to detain suspects, search their luggage (and sometimes their bodies too), arrest, and investigate people for smuggling goods or contraband.


Customs officers also need protection under the law, to properly execute customs procedures including valuation and collection of income duty, in accordance with internationally recognized principles and conventions accepted by the Maldives.


Customs law has struggled to be born. It is a coincidence that, today, I happen to fill the chair that needs to make the decision on when and how it will see life.


As the draftsman behind the legislation, I am sympathetic towards the immense effort put by the Maldives Customs Service to introduce this legislation. Their struggle has spanned half a decade.


As the minister responsible for law making, I will do everything within my powers to help cut short the bill&apos;s struggle, expedite the process of sending the bill to parliament, and help customs officers get their law as quickly as practicable, so that they may function as a professional law enforcement agency in compliance with the constitution, and established customs procedures and international norms. 


I have promised the present Customs Chief my full support. I intend to deliver on this one, with the hope that, at least I could be different, from those whom they met in the past six years.


When the bill becomes law, I would want to meet Mr Ibrahim Zuhair to congratulate him for initiating this important legislation and paddling patiently through the troublesome waters of interdepartmental politics in his efforts to introduce the Maldives Customs Act.  

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<entry>
   <title>On Comments Past Week - 3</title>
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   <published>2008-08-16T20:00:12Z</published>
   <updated>2008-08-16T21:02:15Z</updated>
   
   <summary>As I have said before, this post comes every week to offer a general reaction to issues identifiable from various comments received during the past week to my posts....</summary>
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      As I have said before, this post comes every week to offer a general reaction to issues identifiable from various comments received during the past week to my posts. 
      <![CDATA[
<strong>Core Group</strong>


Core Group as it has come to be identified consists of six parliamentarians. It was created to build consensus on bills before they are sent to the parliament.


Each one of the core group represents a faction within the politically fractured legislature of ours. The current members are: Aneesa Ahmed from Dhivehi Rayyithunge Party [DRP], Hassan Afeef from Maldivian Democratic Party [MDP], Ahmed Zubair from Jumhooree Party [JP], Ahmed Nazim from People's Alliance [PA], Ibrahim Ismail from Social Liberal Party [SLP] and Ahmed Hamza from the three independents in parliament.
 

The group has no formal recognition and has been created informally by me after consultations with and agreement from the party parliamentary groups. However, their benefit is recognized now by the government and parties themselves.


The core group has assumed the role of a parliament within a parliament. It has become a compromise platform where parties are able to get together and contribute to the legislative agenda and process ahead of the lawmaking function proper of the parliament.  They are able to review legislations and offer comments ahead of formal notice. They are able to agree on draft bills ahead of their formal submission to parliament. 


Slowly the group's function is widening and its influence is expanding to approving candidates to be proposed to institutions to be created under the new constitution. 


Despite the political differences amongst members of the core group of parliamentarians, and the thin and often weak thread that binds them together, the core group has proved to be a professional outfit yielding practical solutions to complex issues. 





<strong>Flats from HulhuMale'</strong>



The comment is more of a question on a post I did not write. 


However, I must say that the constitution provides two rights of significance. The first right is an absolute right to receiving equal benefit and equal protection under the law. Second right deals with an absolute right to move freely within the country and settle where a person may want. 



Translated into reality, none of these rights may be taken at the face value or in their literal sense. It means more than what it says. Its legal significance is that treatment must be like in like cases. 


That is to say, where two individuals placed in similar or like circumstances may not be treated differently and that they must be treated in the like manner. 


The right cannot mean that all have an absolute right to have shelter wherever they may wish. All these rights must be read with the necessary legislations in place.


Those legislations would specify the broad public policies on granting land for habitation, agriculture, industrialization, or other purposes.


What is important is that all shall be able to seek equal benefits under the law. The legislation and its implementation shall guarantee that the same processes apply through out to all. 


If I am given the exact facts of the circumstances faced by the commenter, perhaps, I could offer some sign boards or directions to the proper avenues or processes. 




<strong>TVM Consultants </strong>


Consultants were hired by the Ministry of Information in two batches.


First batch of consultants were three in number. One was Terry Anzur, a television talent specialist, the other was Bob Andresen, a radio talent specialist, and the third was a management consultant. They arrived in the country at the start of February and left at the end of March.


A month after the main team of three consultants arrived in the Maldives, a program specialist by the name of Gary Ponticello also was recruited. He left a few days after the main team's departure. 


While the three consultants were hired for a joint consultancy on Voice of Maldives and Television  Maldives, Gary was hired for the program department of TVM as a television creativity specialist. 


The second batch of consultants arrived in July and left half way through this August. Terry and Gary were common amongst the second batch consultants as well.


They were recruited hoping that presidential elections would happen early August. A third consultant was also recruited along with them. She was Cathy Toledo, a political consultant with expertise in voter education. 


All of them were Americans, and all of them were recruited with the advice of Terry Anzur, who was our main focal point and chief consultant. 


I am certain that their recruitment has been beneficial in several ways. I could not have afforded to send all relevant VOM and TVM staff away for training. I thought if professional trainers could be brought to the country, not as mere consultants to write a report, but to work and coach the relevant staff on a daily basis, the impact would be greater. I think I was right. The recruitment of these trainers transferred knowledge, boosted staff morale, and helped them learn a lot more than what they were used to absorb from training visits and workshops.  


Yes, we paid substantial fees. And I am certain that we got value for money. But I think the suggested payment of over US$ 200,000 to these consultants is a little too creative. 


<strong>DRP Release</strong>


I have already explained what I feel about the press release. I do not believe that the issue can be attributed to the DRP leader himself. I do not believe that he would have been involved to authorize a press release that could tarnish his image or affect my credibility.
 

I think the issue lies in the fact that his campaign team is not run by the main stream party machinery. It does not follow the protocols established within the party. It works outside the system established by the party. It is largely manned by a different team of activists which has little experience or involvement with the party. 


May be parties do not involve themselves much in the campaigns of their presidential candidates. May be the candidates have their campaigns run by teams of handpicked activists loyal to them. 


The press release was issued by the campaign office and not by the DRP media. That distinction has to be made and maintained.


I think the press release was issued in haste, and may not necessarily be approved by the DRP leader himself. I am not sure how many party press releases are personally vetted by the DRP leader himself. Of course, he would have taken the advice of his campaign team not to appear for the debate and to let that be known by a press release. But I am not sure if he was aware of the contents of the release before it hit the media outlets. 
 

Knowing what I know of the president, both in his capacity as the head of state and head of the party, I would defend him to the extent that he would not approve a press release directly targeted at me. 


I must also accept the shortcomings on the party of my team in organizing the debate and the rush with which they proceeded to hold the debate. 


Anyway, the debate is being scheduled now for the 28th of August, and I hope that this time, it goes on as planned. 


<strong>President's Willingness</strong>


I don't think the president is unwilling to take part in a public debate with the rest of the presidential candidates. From what I know, he is not shaken or uneasy to deal with them.
 

I have been working quite closely with him for three years. One must give me the latitude to make this judgment.  


More than the debate, it was the manner in which the news of the debate was broken to him, and the manner in which it was briefed to him, and the wrong timing of the event given his schedule.


Because it was a party matter, and because I did not brief other parties, I did not brief the president either of the plans for having that debate. 


None from the ministry ever briefed any party before sending out the letters. All parties were sent the same letter and all were treated the same way. There was no special treatment for the sitting president when we deal with him in his capacity as the DRP presidential candidate. He does not ask for it. And we do not afford him that. 


I talked to him about the debate when he called me after learning of my unhappiness over the press release. I believed him when he explained everything. I must give him the benefit of any doubt I may have as to his level of involvement in the creation of the press release. 


 <strong>Running Mate</strong>


I have said it many times before. I would say it again.


I am not interested in seeking high office. I do not harbor ambitions towards becoming president or vice president. I am not interested in becoming a candidate or a running mate for a candidate. I am quite happy with what I am, where I am, and what I am able to do. 


Of course, there are many more things I wish to do, many more reforms I wish to undertake, and many more things I want to do differently. To do that, I only need time and space. 


If I can continue to have the freedom I have now, I would only need time to complete what I wish to undertake. What I wish to do can only be accomplished with time and by changing mindsets and creating culture shifts.


To do that, I need not become president or vice president. I could operate quite well being a member of a larger team. I think I am best when I am part of a team.


My ambition is limited to doing my job, and not keeping the job, or aspiring for greater ones. 


That said, I would not deny that I have been offered to become the running mate for at least three different presidential contenders from the opposition landscape.


I have very humbly declined every offer with a big thank you to each one of them for having considered me to be that material. 


I must also add here that I have told my colleague and friend Ahmed Thasmeen Ali that he will have the best of my support. I have told the president that I support his decision to appoint Thasmeen as his running mate. 


<strong>Selling Votes</strong>


I am totally against selling one's right to vote, or the way one exercises that right to vote. 


Yes, we need a lot of things to be improved in this country. Maldives politicians should not be the only hope for people to find books for their children, medicine for their family, and jobs for their children.


However harsh life may be for some Maldivians, we all need to convince them that we need to be far more vigilant in the exercise of our voting rights, and not associate our votes with favors or promise of favors. 


This may be wishful thinking that we can change the way our communities perceive votes and their relationships with favors in time for the upcoming elections. But I for one, would do everything I can, to educate them on the importance of the right to vote, and the wisdom with which they must exercise that right. 


If I cannot convince them on not accepting monetary favors in exchange for votes, I would go to the extent of advising people to accept the money, but to vote the way one wants.



<strong>The Rich Men's Club</strong>


Some have taken a parallel between rich politicians in DRP and the Republican Party.


I feel that there is a slight difference between a party that has rich men in important portfolios, and a party which is formed by and operated at the whims and fancies of a bunch of billionaires.


My understanding is that politics becomes a business for the latter club of billionaire politicians to advance a cause they believe in. They are used to buying and selling shares, commodities and projects. They feel the same way towards rival politicians and rival political agendas. What they know best is to quantify everything and everyone in monetary terms. 


This becomes dangerous in politics, especially in a volatile political climate like ours. The whole exercise of having a system change was to divest power from one institution to several institutions which could act as guardians and watchdogs for each other. 


If we have a situation where one individual or party has the money to buy people and plant them in these institutions, to show a cosmetic facelift of democracy, the sacrifices made by many for ushering in these reforms are but wasted.


<strong>Blocking Websites</strong>



Websites cannot be blocked in the Maldives. The constitution is very clear on the rights it gives to free speech and free expression and free press.


A limitation of those rights can only come through an Act of parliament, and the limitation can only be legitimate if it is acceptable in a liberal democracy, or only to the extent a right or freedom collides with a fundamental pillar of Islam. 
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