Tagged: Maldives

Maldives Inc.

HulhuMaleDredging

by Azra Naseem

We are gathered here today at a time of potential crisis confronting our planet and its population, the crisis of environmental destruction man has invoked upon himself. Man’s action over many centuries have transmuted the natural order of his environment to the point where the whole world is ensnared in the consequences. As the scale of man’s intervention in nature increased, the scope of nature’s repercussions have multiplied. Consequences of the actions of individual nations have reverberated globally, and all mankind’s present and future generations may suffer the penalties for the errors of a few. – President Maumoon Abdul Gayoom, 42nd Session of the UN General Assembly, 19 October 1987

Twenty years on from Gayoom’s landmark speech at the UN, the scale of ‘man’s intervention in nature’ has risen to unprecedented levels in the Maldives. The present and future generations of the Maldives will, without a doubt, suffer what Gayoom described as the ‘errors of the few’, now led by his brother Yameen Abdul Gayoom.

Maldives today is a capitalist dream. Mega development projects that aspire to ‘change the very map of the country’ are underway across the length and breadth of the 1200 islands spread across roughly 90,000 square kilometres of the Indian Ocean. No less than ten dredging projects are ongoing, reclaiming land at the expense of the coral.

Addu 2006/2016 Photo: @ahmedzahid

A bridge is being built to connect Male’ the capital with the island of Hulhule’, home to the country’s main Ibrahim Nasir International Airport. It matters not that the island is only a 10 minute boat ride away, five minutes on a speed boat. Already connected to Hulhule’ is the aritifical island of Hulhumale’, two square kilometres of land dredged from the ocean to alleviate the extreme overcrowding in Male’ which is home to over 150,000 people. Recently, Hulhumale’ has been expanded further to connect it to the island of Farukolhufushi, once a small tourist resort.

There is talk that once the ‘China-Maldives Friendship Bridge’ is completed, the construction of a new bridge may begin, connecting Male’ to Villingili, another ‘suburb’ of Male’ where close to 7000 people live on 0.3 square kilometres, unable to find accommodation on the capital. Together, Male’, Hulhumale’, and Villingili is to become The Greater Male’ Area where at least 70 per cent of the population is to live.

The Nasir Airport will be developed to cater to at least 7 million tourists by 2018, the government has said. Contracts to develop new terminals have been awarded to two state-aligned foreign companies: the Binladin Group of Saudi Arabia and China’s Beijing Urban Construction Group. The Beijing company will build a new 3.2 kilometre runway, a fuel farm, and a cargo complex for which the Maldives government secured a US$373 million concessionary loan from the Chinese EXIM Bank. The Binladin Group, which will build a new passenger terminal for an undisclosed amount, was recently suspended by Saudi Arabia for the Mecca crane disaster.

Meanwhile, the Chinese company building the China-Maldives Friendship Bridge, CCCC Second Harbour Engineering Company for US$210 million, is blacklisted by the World Bank for fraudulent practices elsewhere. Almost all workers on the bridge are Chinese. The north eastern corner of Male’ from where the bridge starts is now occupied by Chinese workers.  What was once the most popular recreation area for the people of congested Male’ is now off limits to them, reserved for prefab housing for the Chinese workers who have moved in with entire families. The nearby Artificial Beach has become a popular spot for their leisure, leaving little room for locals who have found themselves crowded out of yet another rare open space.

Where big red ugly platforms for the new bridge now rise from the sea once rose majestic waves, which had earned the area its name: Varunulaa Raalhugan’du – Uninterrupted Waves. Raalhugan’du was a popular surf spot where international award winning surfers rode the waves or spent the day watching them in an area of the beach they cleaned, grew a garden in, and enjoyed the beauty of nature Maldives has to offer. Today surfers get arrested for surfing, protests lead to jail and the government’s promise that it will arrange free transport to alternative surfing spots has turned out to be empty. Waveless and ‘homeless’, the surfers despair of ever getting back their way of life.

 

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Yameen’s(?) Maldives

MaldivesYameen

by Azra Naseem

The Yameen administration is putting in place a governance reform agenda with the help of Singapore’s Lee Kuan Yew School of Public Policy. There is no arguing that Singapore is a successful economy, and a well-ordered society; but a democracy it is not. Yet, although Maldives adopted a Constitution based on democratic values and principles less than a decade ago, it is Lee’s authoritarian capitalism that Yameen wants to practice in the Maldives. How likely is it that he will succeed?

Do I look good in your policies?

‘Singapore owes much of its prosperity to a record of honest and pragmatic government’, wrote The Economist in March 2015 on Lee’s death. Lee’s success in tackling corruption is legendary, and Singapore continues to score among the world’s top ten least corrupt countries. His government ministers were well paid, and he introduced harsh punishments for those who did steal from the public coffers. In sharp contrast, honesty is not in the Yameen government lexicon. While ministerial pay remains comparatively high, there is endemic corruption in the Maldivian government and society. And Yameen, not just his government, is implicated. “When you are handed a huge sum of money, no one would ask where it came from”, Yameen said this year in the aftermath of the worst corruption scandal in the history of the country involving at least US$79 million.

Although it is his own Vice President, under his direct watch, that is said to have masterminded siphoning off of the millions, Yameen has conveniently distanced himself from the whole affair. “The buck stops here”, he said, jailing Vice President Ahmed Adeeb. Apart from keeping Adeeb and associates under lock and key, no action has been taken to recover the lost moneys, or investigate how it was taken. This is a far cry from Lee’s unwavering stand against corruption.

The failure to stem embezzlement and bribery has had negative effects on foreign investment in Maldives. Multiple attempts to attract private foreign investment have resulted in few projects that are transparent, and of obvious benefit to society as a whole. This is the exact opposite of Singapore where foreign investment ‘poured in’ under Lee’s stewardship. Lee hired economic managers that, ‘kept the government small, the economy open and regulation simple, transparent and effective’. And, to attract foreign investment, Lee’s Singapore relied upon massive investments in specialised physical infrastructure, efficient bureaucratic and administrative systems, generous tax incentives to attract capital, and politically docile labour. In Yameen’s Maldives all of these variables are lacking in most areas and non-existent in others.

There is another crucial difference. In Singapore, Lee did not access the funds for its infrastructure through international borrowing or printing money, but through government imposed savings. In the Maldives, Yameen is borrowing like there is no tomorrow.

“I only have two and a half years left,” he said in a recent speech. “Short cuts have to be taken”, he asserts, if he is to undertake massive infrastructure projects—like the development of a new airport. By shortcuts he means loans. A US$800 million loan to develop the airport, he says, is justified. Debt levels are thus skyrocketing, standing at over 80% GDP this year, and forecast to rise up to over 100% of the GDP by 2018.

Added to the corruption and the bad debt scenario, which the World Bank Group sees as unsustainable, is how far the Maldives lags behind Singapore in the world ‘ease of doing business rankings’.  Singapore is No.1 out of 189 countries while Maldives at No. 128. In terms of reliability in enforcing contracts, Singapore leads the world once again while the Maldives, with the costly GMR debacle fresh in investor minds, and with its endemic corruption, is at No.95.

With such big shoes to fill, following in Lee’s economic footsteps will be a difficult, if not impossible, task for Yameen.

Bookworms and burger technicians

Yameen also lacks Lee’s vision of education as central to the growth of the nation he wanted to create. Singapore’s National University is among the top 25 in the world, and the country taken pride in having an ‘unabashedly meritocratic’ education system where ‘high quality education is available for all levels of academic aptitude’. Things cannot be more different in the Maldives—high quality education is only available in Male’, the capital. The quest to provide good education to their children is the driving force behind mass migration to Male’ from other islands. Even in Male’, a parallel system of expensive tuition is necessary for children to attain levels of education necessary to gain admittance in universities abroad.

On top of systematic failures in the education sector, Yameen’s personal approach to education is lukewarm. Yameen has moved to reduce importance of academic achievement, decreasing awards for and celebration of high achievers; encouraged vocational training for the ‘not as clever’ majority; and has spoken disdainfully of ‘bookworms’. Lee, on the other hand, is said to have read Lewis Carroll, Jane Austen, and Shakespeare’s sonnets—among others—to his wife when she lay ‘bedridden and mute for two years’ before her death.

Whereas Lee worked hard to make the Singaporean workforce one of the key strengths of the country’s economy, Yameen sees the Maldivian labour force as hopeless, unskilled, and unqualified for the tasks he has in mind for them.  He lamented recently that the biggest challenge to running a world-class airport in the Maldives would be having to do so with Maldivian staff.

Significant variables that contributed to Lee’s economic success is thus missing in Yameen’s equation, making it unlikely that the latter can emulate the former in a positive way. Latest World Bank Group report predicts a debt-ridden bleak economic future far removed from Singapore.

Me Yameen, You Lee

This is not to say that Yameen will fail altogether in his mission to mimic Lee. More than a few similarities are already evident in both men’s curtailment of people’s democratic freedoms. Lee locked up members of the opposition to stamp it out, stifled press freedom, and legally hounded critics and opposition politicians, including the foreign press. Lee also arranged the electoral process in such a way as to make it almost inconceivable for his People’s Action Party (PAP) to lose power. In the space of just two and a half years, Yameen has managed to take almost all those steps, and then some, against democratic freedoms. His main project at the moment appears to be emulating Lee’s role as a disciplinarian, the man in charge of creating a politically docile workforce.

Yameen has taken to performing this task like a duck to water. Armed with an award for excellence in governance, and security guards with machine guns, Yameen travels the country to tell people that if they want prosperity ‘like Singapore’, they must accept ‘government knows best’. Not just in terms of economy, but socio-politically as well. People must put aside their fight for civil and political rights, they must demonstrate obedience, be reverent, docile.

Everyone must accept Economies of Scale is king. Bowing to its power, over two thirds of the population must move to what Yameen is calling the Greater Male’ Area—Male’, Villingili, and the artificial island of HulhuMale’—being expanded at breakneck speed with borrowed capital. For a successful economy, Maldivians living on small islands scattered across 90,000 square kilometres of the Indian Ocean must all relocate—willingly, submissively—to living in purpose-built high-rises. It is impossible, Yameen has said, to provide basic services to Maldivians who do not fall in line with the plan.

Yameen’s speeches are often a scolding; full of rebukes and dressing-downs for some wrong committed by an individual or imagined societal groups. ‘Good Maldivians’ are not concerned about assembling freely, press freedom, or any other ‘minor’ civil liberty. Those who speak up for rights are mocked as street performers. When journalists objected to the fast receding press freedoms in April this year, for example, Yameen described them as political activists who had lost all semblance of order. He decries the last decade as one of futile resistance; not for democratic rights but against progress. The agitation for democracy and the short transition period were costly detours on the road to progress. The lesson must be learned from it that fighting for civil and political freedoms will only bring more of the same chaos. Therefore, work with Yameen and his PPM loyalists to make money at any cost, notwithstanding that they may come at the expense of human rights, the environment, and the Maldivian ways of life.

While Yameen may be on the same page as Lee on placing democracy behind economic progress, there are vast differences in how the two leaders persuade their peoples of the suitability of their plans for their countries.  Whereas Lee led by example, Yameen leads by fiat. In Singapore, Lee was ‘incorruptible, capable, and completely committed to Singapore’s interests’.

There is a long way to go before Yameen achieves that kind of credibility with the people of Maldives. Almost half the population is vehemently opposed to his rule; he has not proven his capabilities as an economist, nor has he proven himself incorruptible. Given these factors, it is going to be difficult, if not impossible, to cultivate belief among the majority that he is completely committed to Maldives’ interests.

Lee admitted to being Machiavellian in his approach to being loved or feared. “If nobody is afraid of me, I’m meaningless” he said. President Yameen, wants people to fear him—Gatu Raees, President with Guts, PPM supporters call him. A crucial difference remains, though. Whereas Lee was both feared and respected, there is little respect for Yameen among most people. There is fear, and there is intense dislike. Respect, despite legal and administrative demands for it, has not been forthcoming. The question of love is not even entertained—either by people, or by Yameen.

Go boldly forth, to realise someone else’s dreams

Yameen’s vision for the Maldives is problematic in a variety of ways.

Most fundamentally, it is plagiarised; somebody else’s idea for another country. It is not an organic vision shared by, or arrived at through consultation with the Maldivian people about their wants, aspirations and ways of life.

Yameen was not elected to change the system of governance in the Maldives but to govern according to the 2008 Constitution in place for  five years when he came to power. As president he has no right to curtail the rights provided by the Constitution, or to deviate from the democratic path.

Under the plan for reform, Yameen is making criticism a crime, is removing all opposition through legal and other means, wants to establish a one party system, and will engineer the electoral system or the voting system in such a way that he will remain in power for a long time to come.

Economic success that line pockets can, as Lee showed in Singapore, be a ‘winning’ strategy if it provides people with opportunities for better lives. Without such success, the politically docile society will remain a pipe dream.

These reasons, and other differences with Singapore that have not been discussed here–such as cultural background, religious controls, intolerance, xenophobia and a foreign policy rapidly moving away from democracies to align with autocracies–make Yameen’s attempts to morph Maldives into Singapore unlikely to succeed.

It is also important to recall here that the ongoing attempt by Yameen to super-impose Lee’s ideas for Singapore in the Maldives is not the first time its been tried. Someone else had this same plan before, and 30 years in which to make it a success:

The government now wants to attract international investment, as it is keen on the concept of profit and is not committed to sociologist ideology. Male’ is a free port, and, inspired by the example of Singapore, the government wants to bring in banking, insurance, ship bunkering and other clean but profitable enterprises. Whether Male’ can fulfil its hopes in this regard is doubtful, for it lacks the economic infrastructure.

That is a description of Maumoon’s government, by Clarence Maloney, at the start of the 1980s. Did we get anywhere near being a Singapore?

Further reading: Fareed Ahmed, 2015, Can Maldives Replicate Singapore Story: A Comparison

 

Are we all going to kill Humaam?

by Shahindha Ismail

Mamma, how can you kill a man to show the world that killing is unacceptable?

This is what my 14 year old daughter asked me today. I am so grateful that there is still so much innocence and, so, hope for new generations to come. It is as simple as she put it.

Although the penalty existed, a 62 year unofficial moratorium on the death penalty in the Maldives was lifted in 2014 with the enforcement of the Regulation on the Implementation of the Death Penalty. We now have a list of 17 people on death row since 2008, and a few of them sentenced as minors. The government of Maldives has in the past year justified MVR 4 million (US$ 261,547) to build a death chamber at the prison island. After having tried and failed to procure the serum for lethal injection, the government has quickly fixed this problem, choosing instead to implement the sentence by hanging until dead.

Out of the death row inmates, 23 year old Hussain Humaam has his case at the Supreme Court at present. Although not the first to be sentenced to death, he would be the first to be confirmed, if not acquitted by the Supreme Court. While all the death sentences were passed based primarily on confessions rather than evidence, what is most interesting in Humaam’s case is that his sentence is based on a statement given out of trial, during a remand hearing. It is also one of three different statements, contradicting each other, that he gave at the Criminal Court of Maldives. Let us not even go into the legitimacy of these statements when Islamic Shari’a and the law both require proof beyond any doubt as opposed to reasonable doubt, in the case of an accusation of murder. Article 52 of the Constitution states that a statement given in police custody, if contradicted at trial, cannot be used to convict the defendant.

Humaam is a notorious delinquent since childhood; a boy who was involved in all types of crimes from theft to street fights to stabbing, and now murder. Is this why many of us have turned a blind eye to what is going on with this young man who the State will very likely put to death, despite the many flaws in the judicial process? Penalties should absolutely apply to offenders, and it is also in the interest of the society. However it is not in the interest of anyone when the law is twisted far enough to take the life of an individual without due process. Neither the process nor the interpretations used conform to best practice or our international obligations.

An individual is part of the society. It is all these individuals, including the businessmen and women, the lawyers, the judges, mothers, fathers, our children and yes, the criminals and delinquents who make up a society. The Criminal Court deemed it necessary that a death sentence be passed on Humaam “in the interest of the harmony of the society” despite that fact that Islamic Shari’a requires ALL of the victim’s heirs to ask for it. The victim in this case left behind two children who are still minors, unable to state their wish until they turn eighteen. The Criminal Court deemed it necessary to not wait for these children to turn eighteen, as the Maalikee sect in Islam prescribes in such cases.

I wonder why there is such an urgency to take this young man’s life. Furthermore, why would the court use Maalikee sect when the general principle in criminal law is that in a situation of conflict of law or principle, whichever law that is most lenient to the defendant should be used. This has also been the practice in the Maldives in many cases – yet we do not see this principle followed in the case of Humaam, and upholding this death sentence by the Criminal Court seem to have become crucial at many levels.

I also wonder how many of us think about the gravity of this problem, with the State killing a man through a process that has breached the principles of Islamic Shari’a, common law, international obligations and even common sense. All of us who righteously speak of injustices, of a flawed justice system, inequalities, protection, prevention and so forth. Why do we not raise our voices against this atrocity? I cannot believe that we have failed the morality and values that our ancestors, and Islam itself, have left in us. It does not matter whether Humaam was ‘a good boy’. What matters is whether justice has been served, whether due process has been observed. Whether we treated Humaam fairly enough, such that if someone of our own (family) was accused of the same crime, we would have treated that person the same way.

Humaam’s lawyer, Usthaz Haseen, raised the question of Humaam’s mental condition at the Criminal Court, citing family statements that Humaam has had episodes where he was not mentally fit.   What was the court’s response? That a claim for insanity could not be accepted since Humaam had previously faced many charges and never once claimed insanity till now. Dear court, there is no time set in stone as to when a man can lose his mind.

The court also said that Humaam’s lawyer could not prove to the court that Humaam had a psychiatric problem. That is right. Humaam’s lawyer could not because he is a lawyer. Not a psychiatrist. The court then decided that Humaam was of sound mind. The court itself, not a psychiatrist. The next question is whether Humaam’s defense attempted to ascertain his frame of mind. Humaam was arrested on the night of October 20, 2012 and was in police custody until he was sentenced. Any medical or psychiatric evaluation that was conducted on him, was conducted by the police, by a medical professional of their choice. None of the medical records are shared with family. As with every person who is under police custody in the Maldives, no one will believe what those documents say, and insist on an evaluation by an independent medical professional or one of their choosing. Then again, it would be far-fetched to expect the judiciary or the state to provide an evaluation of Humaam by a psychiatrist that the family is happy with, and also for it to allow the family to have access to the medical reports.

In the case of Ford vs Wainwright in Florida (1974), the United States Supreme Court allowed for a review to clarify, among other issues, whether the district court should have held a hearing on Ford’s claim of insanity. The court “found that three problems with the procedures followed in Ford’s case: he had no chance to provide evidence relevant to his sanity, he was denied the opportunity to ‘challenge or impeach the state-appointed psychiatrists’ opinions,’ and the procedure placed the ultimate decision wholly within the executive branch. The Court found that Florida’s inadequate procedure denied Ford his constitutional right to due process. Accordingly, Ford was entitled to a new evidentiary hearing in federal district court on the question of his competence to be executed” writes Capital Punishment in Context, a resource platform for cases involving capital punishment.

The report of the Criminal Court repeatedly refers to the fact that Humaam was not consistent in what he said at the hearings. The court could not rely on his statements alone, so they rely on statements made by others. In legal jargon, hearsay. It also refers to Humaam’s self-proclamation that he had previously been involved in several heinous crimes. Again, it is a general principle in criminal law that, an assumption cannot be made for culpability based on the fact that one had previously committed a crime. Begging once again the question why the court could have declared him of sound mind then. Is it not natural for one to think the young man must be quite mad to be admitting to all these crimes when at the same time he is denying similar charges? Humaam has since attempted to end his own life and to harm himself in prison several times, at times requiring minor surgery. He speaks of a man in white entering the solitary confinement cell he has lived in for the past three years, of voices he hears deep into the night and of nightmares. The case screams for a psychiatric evaluation, yet none of the authorities or courts have had the decency to speak of it. Does the law allow for an insane man to be executed? Does Islam allow for it? I believe not.

Will the Supreme Court allow for an independent evaluation of Humaam’s mental condition? In the case of Abdul Awkal in Ohio (2012), the Supreme Court indefinitely stayed his execution based on the county court’s ruling that Awkal was mentally incompetent for execution following a mental competency hearing. In the case of Robert James Acremant in Oregon (2011), a death sentence was commuted to life imprisonment without parole with the exception of new evidence showing Acrament feigned mental illness. In the case of Isaac Jackson Stroud in California (2011), his sentence was commuted to life imprisonment without parole based on an incurable mental disorder. The list goes on. It depends on whether the Supreme Court will consider the reality of mental illness in the case of violent offenders. It also makes me cringe at the state of rehabilitation and care available for the mentally ill in the Maldives.

A bigger question for me is, will our society allow for an independent evaluation of Humaam’s mental condition? Are we, as a society, not satisfied enough to try and rehabilitate the outcasts within us? Or are we as a society too, hungry to take this man’s life, any life, believing that it will right the wrongs? Will we kill and do away with a chunk of our society to call it clean?

Killing a man will not bring back the dead. It will not prevent anyone else from killing again – for if it were a deterrent, then the world will have stopped murdering people for hundreds of years now. More cases of death sentences have been scheduled at the High Court as we read this. The rush at which a State will go for an individual’s life is no worse than hearing of a gang of thugs planning to kill a man.

One simple question. Prophet Mohamed SAW says, our Eeman will not be complete until we want that which we want for ourselves, for our brothers too. If Humaam was your own brother, would you believe that the court system is fair enough to warrant the taking of his life? Would we believe that the process he has gone through was fair enough?

******

Related link: Dhivehi translation of Tariq Ramadan’s International Call for Moratorium on Corporal Punishment In the Islamic World

About the author: Shahindha Ismail is the Executive Director at Maldivian Democracy Network. Shahindha has been working in fields related to human rights for ten years, and is the co-author of the MDN publication: Asaasee Haqquthakaai Minivankan [Fundamental Rights and Freedoms]. She has also contributed several articles and reports to human rights journals. She is a keen runner, and is married with one daughter. 

Photo: Humaam’s family hugs him as he is brought to court, VMedia