Category: People

The Gemanafushi Stoning Ruling

lightningbolt

by H Abdulghafoor

It seemed like a blip in media time.

However, the court ruling to stone a woman to death for adultery issued by a magistrate in the Maldivian island of Gemanafushi in Gaaf Alif Atoll cannot be forgotten simply because it was revoked the same day by the benevolence of the Supreme Court.

Around sunset on Sunday 18 October 2015, the horrific news broke. By midnight the same day, the swift intervention undermining the ruling by the highest court in the land made the shocking news seem like a particularly bad rumour. It is of course, not a bad rumour – it is a very real travesty of justice or what is otherwise referred in social media circles as #MvInjustice. A common concept well understood by the Maldivian public.

The Gemanafushi Stoning Ruling is in fact a social lightning flash that happened inside a political hurricane.

The thunder will take time to rumble into earshot.

Its reverberations will be felt far into the future.

The Maldives has had a history of brutality and savagery within its criminal “justice” system. However, as a member of the United Nations, the country has acceded to the International Bill of Human Rights which gives it a strong veneer of respectability among the family of nations. The Maldives is also party to most of the core UN human rights conventions including the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT, since 2004) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW, since 1993). The country is also party to the Optional Protocols to both these Conventions. This year, the Maldives celebrates its 50th year as a member of the UN. In fact, the Maldives has performed so well in its engagement with the UN human rights system that the country became a member of the UN Human Rights Council in 2010. It remains a member, having been re-elected in 2014. The Ministry of Foreign Affairs jubilantly embraced the prestige of this membership declaring that

The Maldives stood for the voiceless in the international society; for the issues that affect the very fundamental values of human rights yet, hardly get a mention in global human rights debate; and it stood for helping the vulnerable and emerging democracies to cultivate the values of human rights in their societies.

Evidently, the country’s intentions to advocate for the voiceless and vulnerable are honourable.

The concerned and thoughtful public in the country immediately began to ponder the gravity of the unprecedented development that took place in Gemanafushi. What has this country become? Where are we headed? Stoning is an atrocity that we hear of happening in “other” “backward” and “uncivilised” countries with the greatest disregard to the human rights of citizens. It is something witnessed only on film, told in stories about foreign lands. What kind of judge delivers such a barbaric ruling, to initiate a practice that has never been seen in the Maldives – a country with a people proud of its long 800 year Islamic history, unfailing in their devotion to Islam as a collective? How able is this magistrate to issue such a ruling? How sane is he? Is he in fact, fit for responsible public office? Such questions would roll incessantly in the minds of those who think. The Gemanafushi Stoning Ruling is a seismic shock to the body politic.

The practice of stoning conjures up the kind of barbarism the Hindu cultural practice of Sati or widow burning does, which took place in India historically. Linda Heaphy in her researched article on Sati wrote that

Sati was regarded as a barbaric practice by the Islamic rulers of the Mogul period, and many tried to halt the custom with laws and edicts banning the practice.

The fact that Sati was deemed unacceptable by the Islamic Mughal Emperors of India during the 16th and 17th centuries indicates the rejection of that horrific traditional practice by Muslims of the Asia region, even at that time in history. Sati was finally outlawed in 1827 by the Governor General of India “claiming it had no sound theological basis.”

Stoning is such a practice in Islamic cultural history. It is a disputed and debated topic by Muslim scholars, having no consensus. Although still practised in ultraconservative societies such as Iran, Afghanistan and Saudi Arabia, it is banned by other Muslim nations such as Malaysia, Indonesia, Tunisia and Algeria. Stoning is rejected as barbaric and inhuman by progressive thinkers and human rights advocates around the world, including in those countries where it is practised.

The Gemanafushi Stoning Ruling is especially problematic because the Maldives has never considered this practice as a valid form of punishment in its long Islamic history. In that ruling, the punishment was meted out to a mother of five children who allegedly “confessed” to having a child out of wedlock. In the Maldives, the vast majority of adultery convictions and the customary punishment of public flogging are carried out against women. Available data shows that in 85% of cases, women are convicted for adultery as opposed to 15% men. In the Gemanafushi case, the complete absence of any reference to the involvement of a man in the conception of the child is telling, and unsurprising. Adultery allegations are just one area where women experience systemic discrimination.

According to Iranian scholar, Muslim feminist and Musawah advocate Ziba Mir-Hosseini,

Islamic sources of law are explained in many ways that allow for the discrimination of women. We often hear about stoning as punishment for adultery, or practices like female circumcision, but there are also laws that affect a woman’s right to education, employment opportunities, inheritance rights, dress and freedom to consent to a marriage. ….

There are women who might get stoned to death at any time, and we can’t help them right now, even though I know that stoning shouldn’t be part of Islamic law.

The campaign Violence Is Not Our Culture says that in the Islamic Penal Code of Iran, a single judge may rule “to his personal opinion instead of hard evidence” and “most stoning sentences … are issued not on the basis of testimony or confession but on the judge’s “knowledge” or “intuition”. In the Gemanafushi case, it is unclear whether the sentencing was based on the intuition of the magistrate, although a confession is alleged. However, the Supreme Court’s statement nullifying the ruling said that the sentencing was not conducted in line with judicial principles and procedures.

In the patriarchal society of the Maldives, it is evident that interpretations of Islam have been increasingly radicalised, undermining and solidifying ideologies that view women as subordinate to and placed at the service of men. An alarming development that helps to explain what is happening in the Maldives today is captured by the Maldivian Democracy Network’s (MDN) recent analysis of the Islamic curriculum in Maldivian schools.   The study found that the Islam textbook for grades 8 to 12 (13 to 17 year age group) taught that the religious rulings on “unlawful sexual relationships” involved the following :

1 – The man who is married and has consummated his marriage shall be sentenced to death by stoning.

2 – The man who is unmarried shall be lashed 100 times and banished for a year.

3 – The slave’s punishment will be half of that of a freeman, therefore 50 lashes.

Besides endorsing execution by stoning as “Islamic”, the text implies the acceptability of slavery as normative in Islamic culture. The fact that the Maldives has signed international treaties which obligate the State to respect, promote, protect and fulfil the human rights of citizens and categorically reject practices that violate basic human rights – including capital punishment and slavery – do not feature in school textbooks. Instead, the narrative provided to school children in their grade 9 textbook informs them that

there is a propaganda effort by the West to elect adherents of ‘Western ideology’ … to policymaking and governing positions in Islamic communities.

The MDN study highlights the presence of xenophobia and intolerance towards other faith groups within the school textbooks, observing that “even Islamic sects other than Sunni Islam are categorically maligned under this curriculum”.

According to Violence is Not Our Culture, the global campaign to stop violence against women in the name of culture, stoning is not endorsed in the Qur’an.

… there is no mention of stoning in the Quran, and the practice is only implied in the Hadith in the context of the Prophet Muhammad’s dealing with Jewish Law.

In fact, the practice of stoning is considered to have a history in Greek and Jewish culture, among others. It is also considered by some sources to be a pre-Islamic Arab cultural practice. The fact that a practice historically attributed to Judaism is being accepted as “Islamic” is a curious irony in the Maldives context where antisemitism is palpable among conservative segments of the population.

The judicial system in the Maldives has been under great scrutiny and study over the last decade. According to the August 2015 mission report to the Maldives by the International Commission of Jurists (ICJ), from 2003, the education of judges involved a “part-time one-year certificate course in “Justice Studies””. Further, “many of the sitting judges … had little or no formal legal education.” To address this, many sitting judges are currently undertaking higher education courses, as is the case with the Gemanafushi magistrate who issued the stoning ruling. The appropriately entitled ICJ report “Justice Adrift : Rule of Law and Political Crisis in the Maldives” observed further systemic issues, as described in this extract.

A number of recent criminal proceedings have displayed a pattern of violations of due process and fair trial rights under the ICCPR and the Maldives Constitution. The mission observed that the Maldives has no procedural laws such as a criminal procedure code, evidence code or codes of conduct for judges or prosecutors. The mission noted that the absence of these basic legal frameworks for criminal proceedings have helped enable courts and prosecutors to conduct criminal proceedings in an often arbitrary or biased manner, without regard for internationally recognised procedural safeguards and other fair trial guarantees.

The Gemanafushi Stoning Ruling is an indicator of the convulsions Maldivian society is experiencing in its current fragile state – socially, culturally and politically. It is an indicator of grievous political irresponsibility, the absence of just intentions toward the public good and toward good governance. It is indicative of an approaching tipping point resulting from years of neglect of the education system and curricula. Furthermore, it is the consequence of the unwillingness of key stakeholders to establish a functional justice system based on the provisions of the 2008 Constitution. It is above all a critical indicator of the loss of identity, common values of humanity, connection to community and cultural coherence. The combined effect of intolerance, radicalisation and weak governance produces a toxic social result, which is the lightning flash witnessed in the Gemanafushi Stoning Ruling. It must be rejected wholeheartedly and vocally by the Maldivian public, to reclaim their identity as a peaceful and justice loving people.

Keeping up with the authoritarians

YameenFathun2

by Azra Naseem

The Maldives is no longer a democracy. For some reason, this is a fact which most observers, especially from the outside, are unwilling to accept. All statements and reports from the international community note ‘with concern’ the many actions of Yameen’s regime that fall well within the boundaries of authoritarianism, yet continue to insist the Maldivian democracy still exists – it’s just ‘at risk’.

According to experts, modern democratic regimes meet four minimum criteria: 1) the executive and Majlis are chosen through elections that are open, free, and fair; 2) virtually all adults possess the right to vote; 3) political rights and civil liberties, including freedom of the press, freedom of association, and freedom to criticise the government without reprisal, are broadly protected; and 4) elected authorities possess real authority to govern, in that they are not subject to tutelary control of military or clerical leaders.⁠1

Which of these criteria are met by the current Maldivian regime?

In terms of No.1, the electoral process, the Supreme Court’s interventions in the presidential election of 2013 made a mockery of the electoral process. The many tricks and tactics used to draw out the election until it eventually ended in a win for Yameen are by now well documented⁠2 and cannot be described by anyone who understands the principles and norms of democracy as ‘democratic.’

The Majlis elections in 2014, which was preceded by Supreme Court-engineered firing of President of the Elections Commission Fuwad Thowfeek—noted for his integrity—was characterised by vote buying and selling. As the EU Observers noted, while⁠3 the election was ‘calm and orderly’, it was marred by ‘allegations of prevalent vote-buying, excessive campaign expenditure and abuse of state resources’⁠4.

Another death blow to the electoral process has been the systematic imprisonment of all opposition leaders. Almost all opposition leaders are in jail: former president Mohamed Nasheed for 13 years, charged and convicted of terrorism; leader of Adhaalath Party Sheikh Imran Abdullah, charged with terrorism and in detention without trial now for over a 100 days; former Defence Minister Mohamed Nazim, convicted of weapons smuggling and jailed for 11 years. Those who haven’t been put behind bars, like 2013 presidential candidate Qasim Ibrahim, have either been coerced out of the political arena through threats to personal freedom and business interests while others—like the Chairman of MDP Ali Waheed, Deputy Leader of Jumhooree Party (JP) Ameen Ibrahim and impeached Vice President Mohamed Jameel Ahmed—have chosen to live in exile rather than spend what could be decades in prison. This state of affairs ensures that, when (or if) the next election comes around it would be, for all intents and purposes, non-competitive.

Number 2 on the list, the right for virtually all adults to vote still exists. But based on the experiences discussed above—judicial interventions, the now deeply embedded custom of vote buying and selling, patronage, blackmail and corruption—it is clear to see that the mere existence of that right does not ensure its contribution to the strengthening of democracy.

No. 3—the protection of civil and political rights—has suffered equally greatly. It is not simply leaders of the opposition the regime has clamped down on. From 8 February 2012 onwards, it became the norm to quell opposition protests with brutal violence. Pepper spray, violent beatings, and imprisonment were prevalent throughout the regime of caretaker president Waheed and during the protests in the lead-up to and during the 2013 presidential elections; and it has been standard practise after Yameen’s election. The arrest of over 200 protesters on 1 May 2015 and their subsequent unlawful detentions, mistreatment and intimidation—combined with the continued imprisonment of Nasheed and coercion of MDP—have effectively put a stop to all opposition rallies.

MariyaDidi

It is not just activists and mass protesters who have been silenced. There are virtually no independent institutions or civil society organisations left with the capacity or courage to criticise the government. The independence of the Elections Commission and the Human Rights Commission was taken away through Supreme Court instigated suo motu cases, while all other institutions, such as the Police Integrity Commission (PIC) as just one example, have been rendered toothless by appointing regime loyalists as members. The recently published report by the International Commission of Jurists (ICJ) chronicles the many steps taken against cvil society organisations since 2013, which all contribute towards elimination of civil and political rights.

And, when it comes to No.4, the possession of ‘real authority’ by elected officials to govern—this now applies only to Yameen and members of his Progressive Party of Maldives (PPM). The entire local governance system has been dismantled, and elected council members rendered powerless. In the Majlis, PPM and its allies enjoy the majority power needed to pass whatever Bills they propose, and where an absolute majority is needed—as seen in the machinations that saw MDP voting with PPM for two controversial constitutional amendments—it resorts to blackmail, coercion, patronage and the usual web of corruption and deceit to engineer the result it desires. Elected MPs have also lost their power through amendments made to Majlis rules such as the recent abolishing of the requirement for debate and discussion before passing bills, and the new regulation which says only PPM members can propose any legislation or amendments related to state finances.

Clearly, the Maldives is failing to meet the minimum criteria required of a modern democracy in all sectors. Experts admit that violations of these criteria occur in even the most established democracies. However, in such cases, the violations are not systematic enough to ‘fundamentally alter the playing field between government and opposition.’ In the Maldives, the playing field is not just failing to be level, it has been almost totally annihilated. The Maldivian Democratic Party is at its weakest since inception, its power to mobilise supporters and lead opposition activities held hostage to a) government’s unlawful detention and mistreatment of its charismatic leader, Nasheed, and b) to the threat to freedom and security of all its supporters.

So what kind of a regime is it that currently exists in the Maldives?

As the ICJ report noted, the Maldives’ transition to democracy was flawed. While Nasheed managed to instigate several democratic reforms, many key elements of the state apparatus remained within the control of the former Gayoom regime. For most of the transition period under Nasheed, the Majlis remained under opposition control, not acting as a responsible branch of the opposition but existing as a bulwark against much needed democratic reforms. The judiciary, too, remained in the grips of the same forces, its key members acting against the new democratic constitution rather than with it. As diligently chronicled by former member of the Judicial Services Commission, Aishath Velezinee, MDP was at times unable—and at other times unwilling—to instigate the actions necessary for change in the right direction.

The Maldivian democracy in transition under Nasheed can therefore be described as being, a ‘weak’ or ‘flawed’ or even a ‘diminished’ democracy; nevertheless it was one that met the minimum requirements of one. A difficult transition experience is neither unexpected nor unusual, as seen by the many African and Eastern European countries that adopted democracy in the post-Cold War era. And, as was seen from these countries, authoritarian reversal is not an unusual ending to such a transition.

waheed-maldivesOnce the controversial end to Nasheed’s government was accepted by CONI as ‘legal and constitutional’ with ‘no coup, no duress, no mutiny’, possibilities opened up for the ‘flawed democracy’ to change into a hybrid regime veering away from democracy towards competitive authoritarianism. When caretaker president Mohamed Waheed Hassan Manik took the reigns of the country, this is the direction in which he—with the Gayoom loyalists he signed with—firmly steered the country.

In a competitive authoritarian regime, violations of the four criteria discussed above are frequent:

Although elections are regularly held and generally free of massive fraud, incumbents routinely abuse state resources, deny the opposition adequate media coverage, harass opposition candidates and their supporters, and in some cases manipulate electoral results. Journalists, opposition politicians, and other government critics maybe spied on, threatened, harassed, or arrested. Members of the opposition may be jailed, exiled, or—less frequently—even assaulted or murdered. Regimes characterised by such abuses cannot be called democratic. (Levitsky and Way 2002)

As discussed previously, the presidential election of 2013, was less than democratic. Waheed’s rule was marked by major clamp downs on opposition, the brutal murder of MP Afrasheem Ali, and several attacks on journalists and media organisations. All such activities multiplied after Yameen’s election. Three young men, including a journalist, have been missing for over a year. The government has failed to investigate and, in the case of the disappeared journalist, has actively obstructed efforts to find him. While media freedom remains, Maldives has slipped from 51st place in the World Press Freedom Index in 2012 to 112th place in 2015. Added to this are the threats and actions against the opposition previously discussed, and the government’s control of the judiciary and the legislature — all hallmarks of competitive authoritarianism.

Clearly, the Maldivian democracy has long since passed the ‘at risk’ stage. It no longer exists. The question that should be asked is, under what sort of authoritarianism is the country in? Is it competitive, or full-scale authoritarianism?

YameenQayoom

In a competitive authoritarian regime, although not a democracy, there are still arenas of contestation through which opposition forces ‘may periodically challenge, weaken, and occasionally even defeat autocratic rulers’. These are: a) the electoral arena; b) the legislature; c) the judiciary; and c) the media.

In competitive authoritarian regimes the electoral process can be marked by large-scale abuses of state power. The media is often biased, and there is widespread abuse and harassment of opposition activists and candidates. But, major opposition parties and candidates still compete, the elections are generally free of massive fraud, and international observers are allowed to monitor the process. This (apart from the extra-legal interventions of the Supreme Court) largely applies to what happened in the 2013 presidential election in the Maldives.

Things have, however, progressed far beyond that stage now. What is seen happening in the electoral process at present—such as the routine imprisonment of opposition figures—are hallmarks of full-scale authoritarianism where elections are either devoid of any serious competition, or are not held at all. At the level of local government, the electoral process has all but disappeared. When it came to the latest round of local council elections, the newly elected Elections Commission—populated by regime loyalists—decided the process wasn’t worth the required MVR100,000 or so. Furthermore, if an increasingly loud media murmur is to be believed, plans are now in the offing to extend the presidential term limits from five years to eight years through yet another constitutional amendment through the Majlis.

Looking at the legislative arena, things are not any rosier. In a competitive authoritarian regime, the legislature—although controlled by a ruling party majority—remains a place where the opposition can, even if occasionally, put up a good fight; and can still be a public platform from which to criticise the regime. This was largely the case with the Maldivian Majlis during caretaker Waheed’s regime. Recent developments in the Majlis in relation to the constitutional amendments, however, proved that it no longer serves as a people’s parliament, representing differing opinions and voices. It, too, has become a hallmark of full-scale authoritarianism where ‘conflict between the legislature and the executive branch is virtually unthinkable.’

ConstitutionThat the third arena—the judiciary—is under the complete control of the government is not an argument that anyone seriously contests, except the executive itself. Dozens of reports have been published by a whole range of international organisations from the UN to the ICJ censuring its lack of independence and corruption, and criticism has flowed from individual states, regional bodies and supranational entities. During Waheed’s competitive authoritarian regime, the widespread corruption, patronage and blackmail inherited from the Gayoom era remained in the judiciary. But there was room—although very little—for individual judges to express dissenting opinions. Several decisions by the executive since Yameen’s assumption of office, brought into effect via the compliant Majlis—such as the restructuring of the Supreme Court bench—have, however, destroyed any wriggle room for independent thought or action in the judiciary.

The media, is perhaps the only one of the four arenas which full-scale authoritarian regimes usually control that is not yet fully within the grasp of the Yameen regime. This is due not for the lack of trying, but to the impossibility of imposing such control over the kind of globally inter-connected media that exists today. Spying—both traditional and cyber—on dissenting voices by the police is common place, as is harassment and intimidation. And, as discussed before, the working environment for many journalists is far from safe. On top of this, the regime is now set to pass two new Bills—one on Freedom of Expression and one on Counterterrorism—which are set to curtail dissent and opposition to degrees not seen since the transition to democracy in 2008.

In addition to all this is the Yameen regime’s total dismissal of international democratic opinion, treaties and laws, and a deliberate foreign policy shift away from the democratic international community in favour of China, and authoritarian regimes in the Middle East. Except for the fact that the Maldives is not (yet) a threat to international security, the regime could easily be described as a ‘rogue state’.

And yet—despite all the evidence which shows the Maldives fitting neatly into the existing frameworks of what defines at best a competitive authoritarian regime and at worst a full-scale authoritarian regime—leaders of established democracies, and international stakeholders in the global democratisation efforts, continue describing the Maldives as ‘a democracy at risk’. This is clearly no longer the case.

Why the reluctance to let go of the ‘democracy’ label? Does it arise from a fear of acknowledging defeat and admitting that despite the international community’s interest and (sometimes admirable) efforts to help democratise the Maldives, it has failed to take root and succeed? Or is it simply because international actors are not keeping up with the authoritarians in the Maldives?

This must change. Any efforts to restore democracy to Maldives must start with the acknowledgement that however successful the transition appeared in the beginning, it has been deliberately failed. A fresh start that learns from the past, and knows what we are dealing with at present, is necessary.

1 Steven Levitsky and Lucan Way, ‘The rise of competitive authoritarianism’, Journal of Democracy 13 (2) (2002), 51-65:53

2 EU Election Observation Mission, ‘Republic of Maldives parliamentary elections 22 March 2014: final report’, available at http://www.eueom.eu/files/pressreleases/english/eu-eom-maldives2014-final-report_en.pdf (27 August 2015).

See also: International Commission of Jurists and South Asians for Human Rights, ‘Justice adrift: rule of law and political crisis in the Maldives’, August 2015, available at http://icj.wpengine.netdna-cdn.com/wp-content/uploads/2015/08/Maldives-Justice-Adrift-Rule-of-Law-Publications-fact-finding-report-2015-ENG.pdf (28 August 2015).

3 Commission of National Inquiry (CONI), August 2012

4 . EU Election Observation Mission, ‘Republic of Maldives parliamentary elections 22 March 2014: final report’, available at http://www.eueom.eu/files/pressreleases/english/eu-eom-maldives2014-final-report_en.pdf (27 August 2015).

Happy Independence Day

by Azra Naseem

The United Kingdom, which always wanted to colonise Maldives with the co-operation of the Athireege family, finally came to Malé in the form of the HMS Britain, on 22 Feb 1887. The captain of this ship was Rodney M Lloyd. As a representative of the Governor of Ceylon came Rear Admiral Fredrick W M Richard. Accompanying them were Athireege Annabeel Ahmed Didi, and Abdul Kareem Mudhuliar.

This delegation went upstairs in the Palace and asked Sultan Mohamed Mueenudheen III, the Prime Minister Sumuvvul Amir Mohamed Rannabandeyri Kilegefaan, and the Chief Justice Naibu Thuthu to write an agreement between the English and Maldivian governments which would provide ‘protection’ to the Maldives. According to this agreement Maldives would become a colony of the English.

The whole of Maldives opposed this. This proposal to become the protected servant of anyone other than the Great Allah was rejected by the Sultan, the Prime Minister, the Chief Justice Naibu Thuthu, the military, and the people. About six days later the ship returned to Colombo.

There, in Ceylon, the British and their Maldivian friends arranged for Abdul Rahman Alim Sahib to write a letter of agreement in Arabic in which Maldives would become a full colony, or at the very least, a country which came under colonial authority. It was written in such a way that the Sultan seemingly requested British protection on his own initiative, and made the annual tribute ceremony the formal recognition of this new relationship. In the document, the Sultan was given a voice of abject humility, admitting weakness and an inability to stabilise the country.

The delegation, this time with the addition of Abdul Rahman Alim Sahib, then returned to Malé in two large warships. The British delegation went upstairs again to Mathige. This time the document, which the Chief Justice had refused to write, had already been written and only the signing remained. The Sultan, the Prime Minister, the military, and the people… all refused.

The delegation returned to their warships and the guns were aimed at Malé, and the people ran to the edge of the reef. The British and their friends came ashore once again and said if the agreement went unsigned, then Malé would be smashed to pieces. The Sultan and the prominent people agreed to sign the agreement to escape from death. The Chief Justice Naibu Thuthu said that Maldivians ‘should prefer to be martyred rather than accept that thing.’ – Abdul Hakeem Hussein Manik

It was 78 years later, on 26 July 1965, that Maldives finally freed itself from the agreement signed, regardless of what the people wanted, on that day in February 1887. 26 July has since been marked as ‘Independence Day’. Sunday will be the 50th anniversary of the occasion. Much has changed since. At this moment in time, it is difficult to see a scenario in which, faced with a situation where parts [or whole] of the country is to be owned by a foreign party, ‘the president, the vice president, the military and the people…all refuse’.

Newly appointed Vice President Ahmed Adeeb

On Tuesday night, PPM submitted a motion to the Majlis: add a clause to the Constitution to allow the sale of Maldivian territory to foreign parties. The proposal was accepted and passed within 24 hours, with minimal debate, with the consent of 70 MPs. President Abdulla Yameen ratified the amendment the very next day. Public consultation was never part of the momentous decision, which has the potential to change the very identity and culture of the Maldives.

Broadly speaking, there is nothing wrong with non-nationals owning land – it happens in most countries in the world. Where the Maldives is concerned, the problems are many: only two percent of its territory is land, the rest is sea; roughly 99 percent of Maldivians cannot afford to buy off the public land registered in their names; there is no independent judiciary or legal expertise to handle cases of such complexity; rule of law is emphatically absent; the corruption among government officials is unprecedented; and there is little room to expect any benefit from such sales to trickle down to the ordinary person.

The natural beauty of the islands has been to Maldives what diamonds were to Sierra Leone: a disaster for the ordinary men and women; an impediment to democracy; an obstacle to human development; and a pathway to massive corruption. Most owners of tourist resorts in the Maldives are rich beyond the ordinary person’s wildest dreams; many pour their money into the dirty pit of Maldivian politics to ensure the people elected are puppets whose strings they pull in whichever direction is more lucrative for them; they help block the opening up of the tourism industry in ways that would allow more even wealth distribution; all the money they earn from tourism are squirrelled away in foreign banks, little of it allowed to go through Maldivian economic system; and, in more recent times—as a way of appeasing their ‘Muslim guilt’ for benefitting from trading in services and goods considered haram—they have been funding extremist individuals and organisations that encourage people to hate ‘the infidel’, successfully ensuring the ordinary person would not want a share of the tourism wealth.

Who cares if large numbers of people are joining radical organisations like ISIS and dying in dozens? As long as they are not a threat to the tourism magnates’ personal wealth, it’s not a problem.

And now, it’s not sufficient that islands can be leased as tourist resorts for 99 years that are developed with all imaginable modern luxuries while locals live on islands often with no drinking water, waste disposal systems, electricity or proper sewerage systems. It is no longer enough to have Special Economic Zones where rich foreign investors will not be subject to any Maldivian laws, the proceeds of whatever they do on these islands of no benefit to Maldivians. Now lagoons and reefs are to be sold off to any billionaire with a dredger. They will own ‘for perpetuity’ 70 percent of the land they reclaim and, as freeholds, Maldives will have little or no control over whatever happens on this new land—dug up from the bottom of the sea destroying for the sake of its existence the life that thrives underwater, the life that sustains Maldives and Maldivians.

Life as Maldivians have known it for centuries is coming to an end.

Running parallel to the plan to sell the lagoons and its life to the highest bidders is the plan for forced migration of the people. 60-70 percent of Maldivians are to be moved from the 200 odd islands they occupy to around two or three islands in what is to be called ‘The Greater Male’ Area’. They are all to be housed on high-rise flats built on these designated islands, families crammed into tiny little spaces like hens in a battery farm. This is what has happened in Male’ already – once an idyllic island, now one of the most crowded—and often the dirtiest—cities in the world. Traditional ways of life are not just going to change as everything inevitably does; they will be forced to disappear. There have been no studies or analyses done of what the social and environmental impacts of such a migration of people will be. Such considerations are for wimps, not ‘a government with guts’, as this one describes itself to be.

The consequences will be dire, but work has already begun to seduce people into thinking it is a good idea, with computer generated 3D images of a city with sky scrapers and swimming pools, vast roads and theme parks. An urban artificial ‘utopia’ a-la Singapore or Dubai. Few are asking why, when we have 1200 islands, can we not find a solution that allows the Maldivian people to live on those islands, why there are no efforts being made to provide the services they need on the islands they have existed on for centuries. No one is asking why such damage is being done to our fragile environment by dredging holes in the reef, by moving sand from the bottom of the sea from here to there, when we already have enough islands for just 400,000 people to live comfortably on. In the 21st century, where eco-friendly solutions are being invented to accommodate living life with the environment, when sustainable development is trending, where innovative scientific minds are finding ways for man to adapt to their own environments rather than the other way around — Maldives is being forced to turn around and walk doggedly in the opposite direction.

Independence Day celebrations this year ring hollow. From the plastic palm trees that line the main street of Male’ (the capital island of a country where the coconut palm is the national tree!); the fairy lights tastelessly thrown onto every available surface of the city; the Majlis’ removal of the Vice President in a political deal reeking of vengeance and personal glory disguised as a democratic ‘impeachment’; the Majlis ‘debate’ on the same night to float the idea of selling off Maldivian territory; the earlier ‘Adeeb Amendment’ to the Constitution to allow a specific person to become Vice President — it all smells of oppression, not independence.

Where once state and people together resisted until left with no choice to sign agreements that would infringe on Maldivian sovereignty and identity, today only lone voices are raised even in the face of serious national security breaches—such as foreign submarines making incursions into our territorial waters for no apparent reason. Instead of guarding borders and boundaries, the Maldives National Defence is deployed to repair broken generators and, at all times, protect the president and his government. Individual freedoms have been taken away, the Maldives Police Service dispatched 24/7 to ensure the people cannot—at any time—freely exercise their rights to freedom of assembly or expression.

The People’s Majlis has been turned into a place to fast-track documents loosely called ‘legislation’ that allow rulers to act with impunity, but under the legitimising veil of ‘democracy’. On Tuesday, the Majlis changed its procedural rules to say it is no longer necessary to discuss, analyse or debate a Bill before putting it to vote. As long as the ruling party has a majority, it can make anything law, without the people having a clue about what the legislation is for or what the rationale behind it is.

There is no judiciary to right any wrong, to provide justice where it is required. In its place is a state apparatus designed and implemented to control society the way rulers want. All substantial opposition have been robbed of their liberty, incarcerated in jail, put into solitary confinement, or held under house arrest. Their freedom is nothing but a bargaining tool of those in control.

The Maldivian Democratic Party is at its weakest since inception: it voted for the Constitutional amendment that allowed Tourism Minister Ahmed Adeeb to become Vice President, and citing its position as a ‘centre right party’—a position which it has not relied on to justify much of anything to its members before—chose not to issue a three-line whip in the vote to amend the Constitution allowing sale of Maldivian property. Only a handful of MDP MPs voted against the amendment rushed through the parliament with such haste and absolutely no public consultation.

MDP’s weakness is the majority’s weakness. The party has led the Maldivian democracy movement for the last decade; for a majority of its supporters, the meaning of democracy itself is ‘MDP’s vision’. And when MDP’s vision is clouded—by force or not—followers are lost in the fog, directionless, unable to see the road ahead with any clarity.

As Maldives marks its 50th Independence Day, the Constitution, and the people, are both hostage to the whims and desires of the rulers. People are but mere spectators in games played among and between the rich, the elite, and the powerful. The future holds the prospects of foreign military bases on Maldivian territorial waters; becoming embroiled in Indian Ocean security issues and potential naval warfare; forced internal migration; living in slum cities; absolute loss of way of life and identity; and total subjugation to a ruthless dictatorship that will always put money before people.

We need to revive the spirit of collectively saying we’ll do anything but ‘accept that thing.’

Happy Independence Day.