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Rapturous fantasy fails to impress Maldives Culture editorial 11 June 2004 Source graphic: Haveeru Maumoon Gayyoom's announcement that he had realised the errors of 26 years of despotic torture-backed rule and decided to embrace democratic ideas, has given new meaning to the Special Majlis which has about 108 members. Gayyoom himself is a minister and therefore entitled to a Special Majlis seat. The Special Majlis is made up of the 50 members of the normal majlis, plus 42 more elected members from the atolls and eight more presidential appointees, plus the cabinet ministers. The Special Majlis election in Male' attracted only a fifteen percent turnout of voters but in the atolls, voting numbers were much higher. Reform candidates including many members of the Maldivian Democratic Party standing as independents, were elected to about 30 seats. This means that Gayyoom, who personally appoints 16 of the members and ruthlessly controls almost all the normal majlis members and his ministers, can dominate the Special Majlis with a two-thirds voting block. Despite the fanfare over the constitutional reform plans announced by the president, he failed to mention a bill of rights and freedom of expression, but the major omission was any mention of the Maldives National Security Service (NSS). NSS oath of allegiance in constitutional vacuum This army, police, prisonguard, customs, immigration, internal security organisation is functioning without any defined constitutional or legal powers. It is trained as an army, but used for civil and political policing. Until NSS powers are defined, its operations are outside the law of Maldives, and the President, as the constitutional commander of the armed forces and police, remains responsible for the actions of the NSS. Gayyoom's control over the Special Majlis may be weakening. His brother Abdulla Hameed, the Speaker of the normal majlis and minister of atolls, has been damaged by allegations in the Sandhaanu Internet magazine concerning his high handed administration methods and granting of positions to his alleged sexual favourites. Hameed may not be able to muster the numbers he needs for election as the president of the Special Majlis. Gayyoom would prefer a trusted lackey like Hameed in this position, but the dictator may have to settle for someone genuinely independent. In the past, Gayyoom has used these occasions to order the NSS to harass and arrest reform-minded Special Majlis members, while saying publicly in Dhivehi that he is carrying out the will of the Special Majlis and protecting Maldives from evil western influences especially Christian missionaries. These lies worked relatively effectively, but now the Internet and foreign media interest is combining with the growing movement for reform among younger Maldivians who are the majority of the population, and eroding Gayyoom's hegemony over information and public discussion. Change is certain, but Gayyoom will do all he can to delay the inevitable. Sandhaanu and Fassangu magazines, the MDP newsletters and Dhivehi Observer, using websites and PDF files, are providing Maldivians with regular good quality Dhivehi and English articles and political analysis. Gayyoom's machinations are also being closely watched by overseas media and human rights organisations. Gayyoom at the crease After the president's speech, Ilyas Ibrahim, Gayyoom's wealthy and powerful brother-in-law, angrily left the room without taking part in the final formalities of the meeting. Abdullah Hameed seemed dumbfounded by his brother the president's words. Ilyas and Hameed together control important parts of Gayyoom's regime. Both men have a lot to lose in any genuine reform process, but it should be remembered that these public displays of disunity in the ruling family are often planned in advance and designed to give an illusion of change. In the past, after much delay and pretence that reforms are being debated, the result has always been the same – no change. The present performance looks like yet another piece of grim-faced fakery from the Gayyoom clan. If Gayyoom is genuine, and there is no reason apart from this speech to believe he is, then all political prisoners should be released and NSS political operations should cease immediately... now. Gayyoom can do it with a short phone call. The president should allow the Maldivian Democratic party to be registered... now. Gayyoom can do it with an even shorter phone call. In Maldives, young people are restive, impatient and disgusted with the hypocrisy of the fake piety their leaders have preached at them for so long. They are not fooled by Gayyoom's meaningless pomp and ceremony, nor by his latest constitutional plots. Gayyoom has proclaimed freedom for his citizen prisoners – the cell doors may be unlocked but the prison gates are still bolted, and the rapturous applause that greeted his promises during the speech is only canned laughter for Malé's latest presidential sitcom. Below is a recent email, edited, from the 'Maldives Youth Movement': Maldivian Government Run by a UK PR firm The simple truth is that today the Maldivian Government is run by UK PR firm Hill & Knowlton. Maumoon and his old team have run out of steam a long time back, and are bankrupt of vision and courage. Since November 2003, Maumoon has hired H&K - a UK firm to boost his image and to defend his government against serious allegations of human rights violation and corruption. The purpose of 9th June speech is to pre-empt any discussion by the reformers in the Majlis and to emphasis that these political changes are coming because Maumoon is so generous and wants change and to give an impression that it is he who wanted changes, and not because of any calls for reform from the young people. So he will take all credit for the constitutional changes and pretend that the reforms were not emanating from the 19/20 September kaarisaa. WE DO NOT WANT WORDS FROM MAUMOON, WE WANT TO SEE ACTION. If Maumoon truly and genuinely wants reform he can bring real reform in thirty seconds! Fire Abdulla Hameed from the majlis and cabinet, Yameen from cabinet, STO & STELCO, Ilyas and Summaray (Ibrahim Manik, the minister for information) from the cabinet, Sheik Rasheed from the High Court, and give life to political parties in Maldives. Change will happen automatically, without any need for constitutional change. Maldives Constitution Chapter 6 (Articles 92-105) The Legislature (2) The People's Special Majlis: 92. The power to make and amend the Constitution of the Maldives shall be vested in the People’s Special Majlis. 93. The People’s Special Majlis shall consist of: (a) members of the Cabinet of Ministers; (b) members of the People’s Majlis; (c) members elected from Male´ and the Atolls in accordance with law. Members elected from each constituency shall be equal in number to the members elected to the People’s Majlis from each constituency; and (d) eight members appointed by the President. 94. Where the President deems it necessary to convene the People’s Special Majlis or where the People’s Majlis resolves to convene the People’s Special Majlis, the President shall direct the People’s Special Majlis to be constituted. The People’s Special Majlis shall convene at a time appointed by the President and upon conclusion of the business of the Agenda the said Majlis shall be dissolved by writing under the hand of the President addressed to the said Majlis. 95. The qualifications for membership of the People’s Special Majlis shall be the same qualifications required for membership of the People’s Majlis under this Constitution. 96. Every member of the People’s Special Majlis shall assume membership of the said Majlis upon taking, before the President, the oath set out in paragraph (g) of the Schedule to this Constitution. 97. (1) A President and a Vice-President of the People’s Special Majlis shall be elected from among its members at the first sitting of the said Majlis. Where the office of President or that of Vice-President of the said Majlis becomes vacant prior to the dissolution of the People’s Special Majlis, a new member shall be elected to fill such vacancy. (2) The Speaker of the People’s Majlis shall preside over the first sitting of the People’s Special Majlis until a President of the People’s Special Majlis is elected pursuant to clause (1) of this Article. Upon election of the President of the People’s Special Majlis, the Speaker of the People’s Majlis shall cease to preside over the sitting. 98. The President and the Vice-President of the People’s Special Majlis shall assume office upon taking, before the President, the oath set out in paragraph (h) of the Schedule to this Constitution. 99. The President of the People’s Special Majlis shall administer all affairs of the Majlis, convene sittings of the Majlis for discharging the duties assigned to the Majlis, and preside over such sittings and submit to the President all matters passed by the Majlis within seven days of their passage. 100. The Vice-President of the People’s Special Majlis shall assist the President of the People’s Special Majlis in the discharge of functions conferred upon him. In the event of any vacancy of the office of the President of the People’s Special Majlis or where the President of the People’s Special Majlis is unable to perform the functions of his office, the Vice-President shall temporarily discharge the functions of the President. 101. Any article or provision of this Constitution may be amended only by a law passed by a majority of votes in the People’s Special Majlis and assented to by the President. 102. (1) Any matter referred to in Article 101 of this Constitution passed by the People’s Special Majlis shall be presented to the President within seven days from the date of its passing and the President shall, within ninety days of receipt of the same, assent to such Bill or return such Bill within the said period to the People’s Special Majlis for reconsideration of the Bill or for consideration of any amendment to such Bill recommended by the President. (2) Any Bill returned to the People’s Special Majlis for reconsideration in accordance with clause (1) of this Article shall be assented to by the President if such Bill after reconsideration is passed by a two-thirds majority of the People’s Special Majlis. In the event such Bill is not passed by a two-thirds majority of the People’s Special Majlis such Bill shall become void. (3) Where the President within a period of ninety days does not assent to or return for reconsideration a Bill passed by the People’s Special Majlis and presented to him for assent, such Bill shall be deemed to have received assent of the President. (4) A Bill passed by the People’s Special Majlis shall become law and enter into force upon being assented to by the President and when such law is published in the Government Gazette. 103. The validity of a decision of the People’s Special Majlis, on any matter taken in accordance with the provisions of this Constitution, shall not be questioned by any court or tribunal or any other such authority. 104. No member of the People’s Special Majlis shall be held liable in respect of any thought expressed or anything said without contradicting the basic tenets of Islam or any vote given by him in a duly constituted sitting of the People’s Special Majlis or any committee thereof. 105. (1) A seat in the People’s Special Majlis shall become vacant prior to the dissolution of the Majlis upon the death of a member or where a member of the said Majlis by writing under his hand addressed to the President of the said Majlis resigns or where a person who is a member of the People’s Special Majlis, by reason of being a member of the Cabinet of Ministers or the People’s Majlis as the case may be, has ceased to be a member of the Cabinet or the People’s Majlis or where a member becomes disqualified for membership of the People’s Special Majlis. (2) A member of the People’s Special Majlis shall be deemed disqualified for membership of the Majlis if the High Court so decides upon application by the State. (3) Where a member appointed by the President is removed from the People’s Special Majlis by the President, the seat of such member shall be vacated. (4) In the event of a vacation of a seat in the People’s Special Majlis, where the seat vacated is a seat of a member appointed by the President, a new member shall be appointed to fill such vacancy, and where the seat vacated is a seat of a member elected to the People’s Special Majlis, a new member shall be elected to fill such vacancy. However, such vacancy shall be filled if, in the opinion of the President of the People’s Special Majlis, the Majlis will remain without dissolution for a period sufficient for members who are so elected or appointed to attend the sittings of the Majlis. Constitution Article 91 (immediately preceding Chapter 6 above) states: A Secretary-General of the People’s Majlis shall be appointed and a secretariat thereof shall be established by the President. The Secretary-General of the People’s Majlis shall, as may be directed by the Speaker of the People’s Majlis, organise all the sittings and all the documentation of the Majlis. Where the People’s Special Majlis is convened, all such matters of the said Majlis shall also be undertaken by the said Secretary-General. top

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Maldives Culture is an independent internet magazine of Maldive cultural issues.
Editors and translators: Michael O'Shea and Fareesha Abdulla, Australia
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