Anti-Corruption Commission Signals Activation

Chairman of the Anti-Corruption Commission Ali Rasheed Umar has signaled the activation of his Commission by indicating to the media that he will soon start investigating cases of suspected corruption identified by the Auditor General. He has told the local media that he intends to meet the Auditor General this week to discuss investigation of cases identified in the audit reports.

The Anti-Corruption Commission is one of the 7 independent institutions formed under the Constitution to ensure smooth functioning of democracy. Unlike the old Anti-Corruption Board (ACB), the new Commission has a broader mandate of preventing corruption proactively. Thus Article 202 (c) of the Constitution requires the Commission “to carry out research on the prevention of corruption and to submit recommendations for improvement to relevant authorities regarding actions to be taken;” while Clause (d) of the same Article requires it to “promote the values of honesty and integrity in the operations of the State, and to promote public awareness of the dangers of corruption.”

The Commission’s broader mandate implies that it cannot limit itself to reactively investigating cases reported to it. It will have to develop and implement a research based program to root out corruption. It will also be answerable for achieving that objective, unlike the old ACB, which was not answerable for anything. The Anti-Corruption Board was a totally discredited body, better known for harassing island katheebs who did not toe the line rather than any meaningful effort to stop corruption in high places.

During the Majlis debate on the Law on Anti-Corruption Commission in September, Members criticized the worsening corruption situation in the public sector. They expressed dismay about the lack of political will and intention on the part of the government to fight corruption. They pointed out that the government had swept several large scale corruption cases under the carpet.

The ineffectiveness of the ACB had made the Maldives one of the most corrupt countries on earth. The Corruption Perceptions Index 2008 compiled by Transparency International (TI) placed Maldives at the 115th place among 180 countries, 31 places below its 84th position last year.

The TI report came as no surprise to ordinary Maldivians for whom it is a fact of life to see multistory buildings burgeoning around them –buildings belonging to government officials in strategic positions and senior executives of state owned companies. Such ostentation of wealth beyond all legitimate sources of income is glaringly visible to everyone except those responsible to stop it. While company after company from FPID to MNSL, and Air Maldives to Stelco and STO had been embroiled in scandal after scandal, no senior official of any of these companies had ever been held accountable. On the contrary they continued to get promotion after promotion ending in ministerial or diplomatic posts.

Perhaps the Anti Corruption Commission will fare a little better, being part of an unprecedented wave of democratic reforms. A new Constitution was ratified on 7 August paving the way for multi-party elections. A Supreme Court, an Election Commission, and a Judicial Service Commission have been established. Further a new government is coming to power with the promise of weeding out corruption.

Will Maumoon Resign from DRP Leadership?

"The keenest sorrow is to recognize ourselves as the sole cause of all our adversities." – Sophocles (496 BC - 406 BC)

It is customary for party leaders to resign when they lose national elections. But when questioned about possible resignation in the aftermath of his debacle in the Presidential Election, Maumoon surprised the reporter by replying he would continue as DRP leader if party members want him to continue. This reply means he has no intention whatsoever of resigning. But an answered question remains. Will he hold a referendum among party members to seek their opinion whether he should continue? Or will he simply assume he has their support and continue as party leader, pretending nothing has happened, till the next party election?

If a referendum or a fresh election is held for party leadership, it will give members a chance to decide their future direction. DRP includes many potential young leaders who could revitalize the party into a credible opposition and prepare for the forthcoming Majlis elections. "Ability is of little account without opportunity." – Napoleon Bonaparte

Maumoon justified his bid for a 7^th term saying he wanted to continue his unfinished 'Reform Agenda'. He will soon have to think of a fresh justification for continuing as DRP leader. The old justification –unfinished agenda – did not work last time. It may not work next time either.

President Gayoom has had the opportunity to serve the Maldives for three decades. Perhaps it would occur to him one day that nobody is indispensable.

A Home for Ibrahim Nasir?

The person disparagingly referred to as 'Velaanaagey Ibrahim Nasir' no longer owns Velaanaage. In fact, former President Ibrahim Nasir no longer owns any house in the Maldives, which he freed from British Colonialism in 1965. However, if a bill recently presented by Meemu Atoll Member Aneesa Ahmed to the Majlis is passed, Nasir is likely to get a house after 30 years of being homeless.

Nasir belongs to the dynastic house, 'Velaanaage', founded by his great grandfather Malingey Hassan Velaanaa Manikufaanu at the beginning of 20^th Century. Descendents of Velaanaage Dynasty include former Vice President Ibrahim Mohammed Didi, President Ibrahim Nasir, Prime Minister Ahmed Zaki and current Defense Minister Ismail Shafeeu.

Velaanaage was legally expropriated in the 1990s and was demolished. Today a 15-story office complex is coming up in the plot of land, which happens to be in a prime location of Male.

With the passage of the bill Nasir will also get security befitting an ex-president after living in exile for 30 years. Nasir left the Maldives soon after relinquishing power in 1978 because he felt it was not safe to live in the country. His fears appear justified when one recalls what happened to his sons Mohamed Nasir and Ali Nasir and how his cabinet ministers were abused and paraded along the streets of Male. Earlier a former president Mohamed Ameen was lynched by an angry mob in 1953 (see photo above).

The bill currently in the Majlis is expected to close a sordid chapter in the history of Maldives. After that the door will be open for Nasir to return to the Maldives and live in safety. However, given his advanced age and ailing health it is uncertain how long he will be able to enjoy the opportunity.

But one thing is certain. No Maldivian living today would want to see an ex-president suffering for 30 years the way Nasir suffered his years in exile.

Can the new President Appoint Fresh Members to Majlis?

Questions are arising regarding the appointment of President's Members to the People's Majlis. For example, should appointed members continue in the transitional Majlis? Can the members appointed by the outgoing President be replaced by the incoming President?

On the first question, some are of the opinion that appointed members must not have a place in the Majlis anymore. The opposite view is that the Constitution requires the existing Majlis to continue till elections could be held under the new Constitution. According to this view, continuation of the current Majlis implies continuation of its existing structure –which includes appointed members. Article 294 (a) of the Constitution reads:

"The People's Majlis in existence at the commencement of this Constitution shall continue until such time as the first elections of the People's Majlis under this Constitution are held, and election of members and assumption of office by the members."

Now we come to the next question. Can members appointed by Gayoom be replaced by Anni? Those who argue against it say that the same members sitting now will have to continue unchanged. However, there is a counter argument against that. When an elected
seat falls vacant there is a provision to fill the vacancy. So it is quite certain that the Constitution does not preclude replacing current members. Here is the relevant article of the Constitution:

Article 294 (c): "Whenever there is a vacancy among the members of the People's Majlis, and there is a period of six months between the date of the vacancy and the first sitting of the first elected People's Majlis, an election shall be held to elect a member to the vacancy."

Will Gayoom get Immunity from Prosecution?

We have seen a former head of state, Mohamed Fareed, and a former head of government, Ibrahim Faamuladeyri Kilegefaanu, living in Male with respect and dignity during the 1960s. They could do so because their successor Ibrahim Nasir gave them the chance. But what did Nasir get in return for this good gesture? He was hounded out of Maldives. Perhaps those who did it then would now be wishing they hadn't. Today there is another change of guard at the Presidential Palace. Will history repeat itself?

Hopefully the new generation of Maldivians would prove to be more civilized in this respect. Already there are good signs. President Elect Mohamed Nasheed has said outgoing President Gayoom would be given facilities befitting an ex-president.

However an important question remains unanswered. What would happen to all cases of alleged corruption and abuse of power by Gayoom and his close associates? Would President Nasheed given an amnesty to Gayoom? There are doubts if the Constitution of Maldives empowers the President to do that. Article 115 (s) of the Constitution only gives him the power "to grant pardons or reductions of sentence as provided by law, to persons convicted of a criminal offence who have no further right of appeal." So, unless Gayoom is convicted it would appear that President Nasheed will not be able pardon him.

Under the Constitution, the responsibility to prosecute criminal activity is vested in the Prosecutor General. Article 115 (f) gives him the responsibility "to order any investigation that he deems desirable into complaints of criminal activity or into any other criminal activity of which he becomes aware." Clause (h) allows him "to review or revert any decision to prosecute or not to prosecute any alleged offender, or to discontinue any prosecution."

Thus it would appear that it is not the President, but the Prosecutor General who could take a decision on the matter. But can any of them stop an aggrieved citizen from taking Gayoom to court?

Inheriting a White Elephant?

Farooq Mohamed Hassan*

The out-going President, Al-ustaaz Maumoon Abdul Gayoom, will soon be a 'chapter closed' in our country's long and often times turbulent history. His 30-year rule will be written and re-written for years to come. His 'legacy' – as he loves to call it – will be studied and researched by scholars for generations to come. They will be recorded and preserved in various formats. And most certainly, some of his memorabilia – symbols of extravagance – will find its way to the new national museum which is now being built by the Chinese Government. After all, where else can such subjects of notoriety be displayed as objects of beauty? On a happier note, many of these collections will surely attract more tourists to the capital – Male'. Unfortunately, some like the priceless yacht may go under the hammer.

This reminds me of my visit to Manila/ Philippines to attend the Fourth Global Forum of the Water Supply and Sanitation Collaborative Council in 1997. One of the places we were taken to was the Malacanang Museum which gave us a glimpse of the excesses of the ousted former president and strongman of Philippines – Ferdinand Emmanuel Edralín Marcos and his family.

Why I have mentioned Marcos is because of the stark similarities that exist between these two dictators. First, they were elected Presidents; Marcos in 1966 and Maumoon in 1978. Second, their respective governments were marred by despotism, nepotism, political repression, human rights violations and massive authoritative government corruption. Third, while Marcos was removed from power by the 'People Power Revolution', Maumoon was removed from power by the MDP led coalition, in a public referendum in which Maumoon contested against the will of the majority, and also against the spirit of the new constitution, which Maumoon himself ratified. Marcos ruled Philippines for 20 years while Maumoon ruled Maldives for 30 years.

Oh yes! Coming back to my topic – inheriting the white elephant, will most certainly raise a few eyebrows among some of the radical DRP sympathizers. And why not? But let's continue.

A literature review of the term 'White Elephant' shows that it is derived from Thailand, where an Albino (white) elephant was given to unfavoured people by the ruler. Because these elephants were sacred and not permitted to work, it was a burden to the owner as it would eat up the owner's entire money until he/she became destitute. Keeping a white elephant therefore, was a very expensive undertaking, since the owner had to provide the elephant with special food and provide access for people who wanted to worship it. It is said that if a Thai King became dissatisfied with a subordinate, he would give him a white elephant. The gift would, in most cases, ruin the recipient. Today, the term 'white elephant' is commonly used in the context of 'a burdensome possession - creating more trouble than it is worth', or 'a possession that is unwanted by its owner', or 'a valuable possession whose upkeep is excessively expensive', or 'a useless and troublesome possession that one cannot easily get rid of'. The usage is infinite.

Now, here's the catch. Following the October 28 election, the winners gave a sigh of relief, hoping that they had got rid of a dictator, who not only cost the public a fortune to maintain, but also ruined the economy of our country. And so, many hoped that in the light of the recently released reports by the Auditor General, not to name the FPID, MSL, ATC and Air Maldives scandals, at least some justice will be done. Therefore, it comes as no surprise to me that so many raised their eyebrows when the President-elect, Mohamed Nasheed (Anni) proposed to give the out-going President, a reasonable pension and protection. Anni repeated this same request when he met with the Speaker of the Majlis, Honorable Mohamed Shihab.

I am sure no person with a sound mind will deny the merits of reconciliation over retribution. And so, when Anni asked the Speaker of the Majlis to do the needful to introduce a Bill to that effect as soon as possible, I, for one, was quite happy that the speaker answered in the affirmative. However, then came the biggest surprise of all. Within days, Maumoon himself, through his Minister, Aneesa, hurried to submit such a Bill. And what does this bill contain? No one yet knows for sure. However, according to one local newspaper, the Bill Aneesa has submitted to the Majlis, if passed, will require giving Maumoon the same salary as that of the President of the country, which is MRf 75,000.00 a month, a 'reasonable' house to live, an office with minimum staff and funds for research. How much will all this cost to the public?

Unfortunately, only the outcome of the Bill introduced by Maumoon through his Minister, Aneesa, will determine how much of a liability than an asset the Maldivian 'white elephant' would be to the public. And let's hope Anni, like the Thai king, is not giving the very public that elected him to his Office, a 'white elephant'.

[^*Faarooq Mohamed Hassan is a former shadow cabinet member of MDP and is also the Deputy Director General of the Environment Research Center.]

Innovation as a Catalyst for Change

By Farooq Mohamed Hassan*

Like in successful businesses, political processes and reform movements also require innovation to be successful. When I say innovation, I mean more than just developing new ideas; for instance, the ability to recognize changes as a catalyst to anticipate and improve the ways in which the process or the movement needs to evolve in order to succeed in a changing environment. The political reform movement led by the former Chairperson of the Maldivian Democratic Party (MDP), Mohamed Nasheed (Anni) succeeded because of this element of innovation in their campaign.

Stepping back a bit further, the end of the cold war and the resulting changes in geopolitical interests of the United States and its allies, resulted in dictators falling out of favor with the freedom loving nations of the world. As a result, Dictators became an endangered species – with no place to hide, and no one to protect them.

Anni saw this as an opportunity and a challenge. Initially as a writer, and later as a political activist, Anni demonstrated his skills and his ability to recognize innovation as catalyst for change in the rapidly changing environment, both abroad and at home.

The struggle for democracy and fundamental rights led by Anni in Maldives was an uphill battle. It was a battle that was fought in two fronts; internationally and locally. The reform movement which began in early 1990's, was met with fierce resistance from the dictator. Anni and many of his supporters were jailed, tried and banished. They were accused, abused and at times, tortured. Some of them have long left us. They were the ones that were not so fortunate to live to taste the sweetness of their noble struggle. However, they will be fondly remembered for generations to come. And they will be honored for the sacrifices they have made for the freedom of generations to come.

In the entire history of this struggle for democracy, freedom and fundamental rights, the past four to five years have been the most turbulent. It began with the brutal killing of Evan Naseem who was serving his prison term in Maafushi jail, and it has culminated in the overthrowing of the dictator - Maumoon and his regime from power, in the first ever multi-party election held in the country's entire history, on October 28, 2008.

Many just wonder as to how the Maldivians succeeded in overthrowing a dictator who has been in power for thirty long years, in such a short time. Yes! How did we do this? I would say, by being innovative. First, as Anni used to say, the word 'Golhaa Boa' was a scientific innovation to cut dictator Maumoon to size. Second, by empowering the people. This was also achieved by being innovative – by encouraging the people to 'get rid of their fear' of being punished by the regime, by 'each getting strength from the other' – in other words, through 'collective strength'. And third, by taking on to the street – to make the voice of dissent be heard and respected.

With pressure from the reform movement, the stagnant Special Majlis began more active, with Mr. Gasim Ibrahim elected to the Chair. With the new constitution passed and ratified, with independent commissions set up, the Dictators control over the affairs of the state began to crumble. In a primary held to decide MDP's presidential candidate, Anni emerged as the victor. This was followed by several so called 'heavy weights' resigning the party. For many party activists, it seemed all was lost. Mr. Zaki stepped in and salvaged the Party as he did following the crisis MDP fell into following the November 10 incidence of 2006. The rest is history.

No sooner had Anni submitted his candidacy for the presidency, he was accused of lacking leadership quality, both from outside and within the party supporters. Once again it was Anni's ability to innovate for change that united the opposition against the Dictator. And as events unfolded, it proved that there was none better than Anni to lead the reform movement.

Many of you would recall that when on Siyaasath Program, Maumoon was asked whether he saw lack of credible leaders in the country as his failure, he denied it out right. Leaving Maumoon's denial for the readers to judge, the undeniable truth is that, a shortage of capable and credible leaders of change persists because change has never been easy. According to Niccolo Machiavelli, the most difficult to carryout, the most doubtful of success, and the most dangerous to handle, is to initiate a new order of things. This is because the reform has enemies in all those who profit from the old order and only lukewarm defenders by all those who could profit by the new order. According to Machiavelli, this lukewarmness arises from the incredulity of mankind who do not truly believe in anything new until they have had actual experience with it.

Indeed! How very true. More than 500 years ago, Machiavelli, has very accurately described one of the innate natures of mankind. In retrospect, the truth of this statement is quite vivid in the changing political scenarios in our country. Today, when success seems not only within reach, but has actually been achieved, even those so called 'heavy weights', who left MDP after blaming its leadership, or were reluctant to work with Anni , are slowly coming back and joining the party. Whatever their reasons for joining MDP may be, the speed with which the changes are taking place now in Maldives, in particular, during the last few days, has underscored the essential role innovation has played in driving the very successful, yet, peaceful and historic change in Maldives.

[*Faarooq Mohamed Hassan is a former shadow cabinet member of MDP and is also the Deputy Director General of the Environment Research Center.]