The Courts of Maldives- Civil, High to Supreme!

Maldives has Magistrate Courts, Civil Courts, Criminal Court, High Court and the Supreme Court at the top; in its judicial structure. In the basic functioning, the High Court and Supreme Court are the highest appeal courts in that order. The Supreme Court is also the highest body that can "translate or define" what the constitution of Maldives reads. The Judicial Service commission is the independent body assigned with the important task of asserting that the Judges of our judicial system are of the highest behaviour and follow the laws they preach upon the defendants in courts. The Commission is comprised of Judges, Members of Parliament and Member of the Civil Service, a member appointed by the President and a Member appointed by the Public. The lines in this picture are so intertwined, hazy and unclear that these entities themselves do not understand where it begins and ends. 

We saw the biggest obstacles with the Court systems during the 3 years of President Nasheed. For what ever reason it was that he "padlocked" the Supreme Court; the decisions by the court itself is highly dubious. Then Nasheed "detained" the Criminal Court Judge Abdullah Mohammed and some believe, lead to Nasheed's downfall as well. The significance of Judge Abdullah is once more at an interesting intersection. The current Coalition Government backed Judge Abdullah when Nasheed detained him and now the current Government faces trouble from him as well. Before we get to this interesting area, let us look at what the Supreme Court did within the past year. 

The Supreme Court single handedly ruled over the parliament establishing that it can read the Constitution as it pleases. The Court also decided to delay the Presidential election (against the constitutional mandated dates) and also assigned special guidelines for the Elections Commission to follow. The public is now confused as to who is authoritative over whom; there was no clear decision. The Courts are still out on that!

Then now once more the Criminal Court (with Judge Abdullah) refuses to abide by the Directives of the High Court. Well with the example set by the Supreme Court in not following the Will of the Parliament, a precedence can be said to have formed. 

Then there was the Sex Scandal of the Supreme Court Judge Ali Hameed. The video of him having sexual relations with "prostitute" is being distributed in the public domain. The Judicial Service commission is yet to take any measures on the matter. Or and by the way, the commission is also investigating conduct by Judge Abdullah as well for another matter all on its own.

The Justice Ministry is busy trying to find ways to implement the death penalty while the status of our courts are highly questionable. 

Of course, we cannot forget the matter of the Minimal Criterion for a Judge (grade 7 standard if my facts are not wrong) and the exuberant salaries for life, insurance schemes and other privileges. The allowing of well known Criminals (including Murderers, like Shahum who was let out to the public by Judge Abdullah simply in his words "to show as an example" for something that no one is sure of; later to murder another person) to be free on the streets and travel to Sri Lanka for medical reasons, paid for by the state; has become common practice. Also let us not forget, Aishath Velezinee (the ex-member appointed by president Nasheed to the Judicial Service Commission) and how she single handedly protested at the Judges Swearing in ceremony ;she claimed that they were not following the Constitution and that all current Judges are not properly Sworn in! 

So, as the Public, what do we do? 

Death Penalty in the Maldives- is it being used as a political statement for the Parliamentary elections?

This is not about the application or implementation of the death penalty; this is whether the death penalty is used as a political tool to identify specific groups as being more "Islamic" than the others, by supporting it. The disturbing truth of the matter is the apathy towards the discussion and the fear of being labelled. This is a serious matter since we have not had anyone put to death by the state under a justice system since the early 1950's.
The issue had never been discussed or brought up by anyone other than religious persons who preached in the shadows during ex-president Gayyoom's presidency. Gayyoom had the scholars shunned and disgraced and belittled and ensured that they were not vocal enough. Then with the available freedoms of a democracy, brought about by the MDP and the Democratic movements and the first multi party elections; all scholars and preachers now had a voice. Still, the issue of death penalty was not raised at sermons or preachers on stage, at least not to the level that it made news headlines.
Many of our unfortunate young people had been murdered on the streets; no issue raised. Innocent Policemen and young girls being raped; no one batted an eye. A member of parliament and religious scholar was murdered on the streets and still no issue. Then it is time for the parliamentary elections, the government is afraid that opposition MDP will be stronger in the parliamentary elections; suddenly the issue is raised.
It is raised by Umar Naseer who once made a political party called Islamic Party and advocated for Shari-ah to be implemented. The man who lost his first bid for presidency in 2008 and then left his party and joined his then opposition, PPM and now is a minister of the PPM coalition government. The man raised the issue as Home Minister, via a special declaration, or directive to the authorities to start preparing for implementation of the death penalty via lethal injection. The Current President Abdullah Yameen, who is not known to be a strong advocate for Islamic law, was away and on his return to Male' furiously said that Umar had not consulted the cabinet. Today the cabinet has also advised the president that Umar was right and that we need to use lethal injection.
Then we saw MP Mahloof present to the parliament a request to have a public referendum on the matter, if we would want to implement lethal injection. Then he takes it back and apologises saying religious scholars have enlightened him on the matter, and calls upon the government to begin capital punishment.
It seems PPM or President Yameen cannot make up their mind, if they would implement the death penalty and gain support of the religious advocates for it or if they should, as their president of the party, ex-president Gayyoom did, ignore the religious voices and implement their own views. It seems now the final decision lies with the president. Ex-president Nasheed would be having a laugh imagining the turmoil within Yameen's self, for he had to face similar decisions. It was Nasheed in 2009 who created the Islamic Ministry and supported Adhaalath Party in the beginning;, for he once said, there was nothing better than politicizing the "scholars" who wanted power.
So it is a political decision,clearly! So does it mean, the government merely wishes to implement the policy for political gains rather than fear of God? Is the issue of implementation already decided, or will this be dragged on till the end of the parliamentary elections? Even MDP now has said that they have nothing against the implementation of lethal injection for those to be put to death.Does it mean the government and the opposition aligned already for the implementation? I believe so; this is not a matter of if the Death Penalty is allowed in Islam and has to be implemented but rather the way it is being used in Maldives Politics!

Maldivian Democratic Party (MDP) and it's Primaries!

I am not a member of MDP but i was a strong advocate for their ideals and beliefs back in 2004 to 2008. With the winning of the first multi party elections, we had so much hope for MDP and it's leaders. Our dreams of a democratic state were inadvertently linked to MDP. Let us leave what happened during their 3 years of rule for a later date.
Today, MDP once more is the opposition to the old dictatorial regime that has won the presidency via the peoples popular vote. PPM is the current face of the regime and it's broad coalition is made up for the rest of the political parties, all other than MDP, are united.
The parliamentary election in March 2014 will be a decisive moment; if the people want MDP back in power or it could also show the public to vote for qualities of candidates rather than their political alliance. MDP already threatened the current president that they would take a vote of no confidence against him if MDP wins majority seats in parliament.
MDP PRIMARIES!
When the DRP candidates joined MDP for the last presidential election, it was no real surprise. There were few parliamentary seats with DRP that were critical for MDP who are now with them. These seats belonging to Thasmeen Ali (ex-leader of DRP) and his wife's seat along with senior DRP leaders who joined MDP, like Rozaina, probably accepted to join MDP to secure their seats. There is nothing wrong here except politics itself. The issue arises when under suspicious circumstances, Thasmeen is allowed to win the primary without the inclusion of the votes of the largest island in his constituency based on the lack of "proper environment to vote". Surprisingly, all the DRP candidates who joined MDP now would have secured their seats in the MDP primaries. Thasmeen's rivals in the primaries are now calling foul play.
It is sad to see that many MDP members do not see the issue here. MDP no longer is owned or represented by few individuals but is a creature all by it's own independence. It has a responsibility to uphold the true values it promoted and inclined so many supporters towards it. Such issues of "undemocratic actions" should not taint it's image. If MDP wants democracy they cannot give it to the people in comfortable sips as they please; for that is exactly what ex-dictator Gayyoom said; "...Maldives is not ready for full democracy it has to be given in bits...".
MDP should allow for their incumbent Parliamentarians to be tested truly by their  constituents in the democratic manner that they have preached all these years. There should be no doubts, or room left for allegations of undemocratic behaviour. MDP is an ideal and it had given so many people so much hope for a better country and life. The members and it's leaders should not forget, they are to serve the people not themselves.

The parliament DOES represent the Society!

Sometimes i hear people say there should be a minimum qualification for members of parliament; especially since there is a minimum qualification for Judges as well. The Judges are not elected by the people but the parliament is!The parliament is representing the society!

Democracy is where the people elect their rulers and the people elect persons to represent their views and translate them into laws and regulations. The majority of the elected members of the parliament then legislate. If the members of parliament legislate with no conference or participation of their constituencies; then the public who elected them can vote against that person in the next election. 

Hence, the parliament truly represents the society in general. If we call the parliamentarians names we are very well calling names to ourselves. If the parliamentarians are ineffective then it is due to a bad choice of the public. Of course there are those who came with adequate qualifications and moving campaigns and lots of promises and simply fail to deliver. These persons we can rid ourselves of by not electing them the next election. 

Maybe we can put in a special clause that states after 6 months in through their term, if 2 thirds of the electorate wish to remove their representative, via a petition, or a referendum they can be removed. I am not sure of the efficacy or feasibility of this process, especially with financial constraints. Maybe it can happen in the future but not right now.

So, when we go to the polls in March 2014 to elect our representatives; the persons who represents our voices, let is be someone reflective of your beliefs. Not one who represents the party that you belong to; nor your relative or good friend. At the end of the day it is the public that decides who governs them in Democracy.

Then there is the issue of a vote of no confidence by the current opposition, Maldivian Democratic Party [MDP] against the government if they win a parliamentary majority this election. Ex-president Nasheed's statement saying they would do it seems more like an empty threat of a tired and defeated politician. His contributions for the democracy and governance establishment of political systems within the Maldives will always be remembered fondly, but his "threat" seems one if is a reality, to destabilize an already polarised nation. I  believe that if the current government is given their 5 year term, [by being the bigger person and not doing what they did wrong-two wrongs do not make a right and all that] he would simply fail as a politician or become a true dictator. There is no need for the change of the government until the next election.

MDP needs to focus on their parliamentary election campaign; for the primaries seemed too tainted with allegations of corruption and anti-democratic tactics. 

So elect who governs you carefully!!!

Democratic Elections begin with Political Party Primaries

Today is the day that the biggest and probably the most democratic political party, Maldivian Democratic Party (MDP) was to hold it's Primary elections for the Parliamentary candidates. Unfortunately due to administrative issues with regards to lists of voters it has been postponed. How does this affect the rest of us?
It affects us as they are the largest political organisation in Maldives, and they reflect a lot of the general population. MDP having a successful primary, in the most democratic manner, is paramount to upholding democracy as a whole within the nation.
Having Problems with the election can be viewed positively as well. To be optimistic; it can be said that the issues being raised is a sign that some sort of accountability does exist within the party and the people will not stand by and watch things go wrong any more.
MDP was an ideology of democracy and i hope it lives up to that ideology through this election. Good luck all candidates; VOTE FOR CHANGE!!!

Link to Haveeru Article: http://www.haveeru.com.mv/dhivehi/news/149306

Re-education

Every class I sit I think how much of the information that I grasp would really change my views. Everyday at the end I decide that at least one new idea has enriched me. This helps me believe that as humans every interaction can educate us and give us knowledge in some respect.Then I start to compare the rigid and interaction free class rooms in the schools of Maldives and the interactive and challenging class rooms over here. If we refrain from questioning we shall never learn. If we refrain from seeking answers to the questions we ask ourselves we shall never grow as a person. It is my dream that the schools of Maldives will become more interactive and teach children to doubt, question and learn from debate and discussion. For now I have to re-educate myself to do the same. The damage of the schools back home left its scars. Cheers have a lovely day people.

Back on Blogger

MY first blog was about 9 years ago. My late teens and early twenties I did a lot of postings on what I believed and stood for. Addressing a lot of social issues and political issues I was exploring limits and new realities. Now I begin a new blog with a whole new out look on life. While a lot of beliefs stayed strongly since then, some have weathered and been left behind. Hope to have a continuous flow of words that reflect my life. Take care.