MALDIVES: PLODDING PROGRESS ON THE PATH TO REFORM

C O N F I D E N T I A L SECTION 01 OF 03 COLOMBO 002025

SIPDIS

E.O. 12958: DECL: 11/30/2015
TAGS: PHUM PGOV MV
SUBJECT: MALDIVES: PLODDING PROGRESS ON THE PATH TO REFORM

REF: COLOMBO 1953

Classified By: AMBASSADOR JEFFREY J. LUNSTEAD FOR REASONS 1.4(b) and (d
)


1. (U) Summary: The Government of the Republic of Maldives
(GORM) is attempting to move forward with media and judicial
reforms with bills in the People's Majlis (parliament) to
create a freer press and the formation of a new Judicial
Services Commission. However, the Maldives Human Rights
Commission is still not functioning due to a lack of
Commissioners, and on November 30, opposition leader Mohamed
Nasheed's house arrest (reftel) was extended by 30 days.
Despite the hiccups in the reform process, members of the
opposition Maldives Democratic Party (MDP) remain optimistic
that an era of change is imminent as they prepare for their
December 15 Party Congress. End summary.

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MEDIA REFORMS PRESS FORWARD
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2. (SBU) On November 25, Maldivian Minister of Information
and Culture Mohamed Nasheed called on the Ambassador in
Colombo to share information on the Government of the
Republic of Maldives' media reforms. The GORM has introduced
bills on freedom of information, freedom of the press, the
registration of newspapers, and the creation of a Media
Council. Nasheed noted that the draft legislation was
initially sent to the Maldivian press corps for their views
and input, then revised to reflect their recommendations.
(Note: Pro-opposition journalists were included in these
consultations. End note.) The bills have now been sent to
the Law Commission to vet and pass on to Parliament.
According to Nasheed, the press freedom bill will work in
conjunction with a new penal code that will downgrade
defamation and libel from criminal to civil offenses.


3. (SBU) In addition to the media bills, Nasheed also
discussed the Ministry of Information's efforts to re-brand
and re-launch Television Maldives. He noted that under the
new system, the Ministry of Information will disengage from
state-run media and offer editorial independence. He stated
that all political rallies will get two minutes' coverage
with each Party Spokesperson given one minute of commentary
time to respond. Nasheed also said that beginning in
December, a consultant from the Indian Institute of Mass
Communications will be in Maldives for three months to assist
the Ministry of Information in developing a broadcast
journalism curriculum for the Maldives College of Higher
Education.


4. (C) On November 28 in Male', poloff spoke to Nazim Sattar,
sub-editor of Minivan News, the only pro-opposition paper
published daily in Maldives. Since the paper registered in
June, seven of fifteen Minivan staff have been under
investigation under the criminal laws governing the media.
Sattar said that after reading the press freedom bill, he was
worried the GORM had deliberately drafted vague clauses in
the defamation section, including "insults to family honor"
as offenses. Sattar feared that with new civil legislation
in place, the GORM would sue opposition journalists and
bankrupt Minivan. Sattar also alleged that the opposition is
excluded from access to journalism training. As an example,
he noted that the Ministry of Information will only provide
training for TV broadcasters-- and the only television
station in Maldives is run by the GORM.

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JUSTICE SYSTEM REFORMS: TWO-YEAR TIMELINE
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5. (U) Along with reforming media regulations, the GORM is
attempting to improve its justice system. On November 11,
the government announced the creation of a Judicial Services
Commission (JSC) formed by Presidential Decree (reftel). In
a November 17 phone conversation, Attorney General (AG)
Hassan Saeed outlined the JSC's composition and mandate:
-The JSC will have ten members.
-The Chief Justice will chair the JSC. He will also appoint
three judges to serve with him, one each from the upper and
lower courts and one from the President's Advisory Council.
-The GORM will appoint four members of the public, to include
at least two senior lawyers, to serve on the Commission.
-The remaining two members of the JSC will be the Attorney
General and the Justice Minister.
-The JSC will be responsible for the hiring, dismissal, and
investigation into the conduct of all judges.


6. (C) On November 27 in Male', poloff met with the AG's
Director General Maumoon Hameed and Assistant State Attorney
Mohamed Anil. Hameed and Anil heralded the JSC as a full
separation of the judiciary from the executive. Hameed
asserted that the fact that the JSC was composed entirely of
executive appointees not subject to parliamentary approval
would not lessen its independence, citing the Maldives Human
Rights Commission, which is similarly composed, as a good
model. (Note: The MHRC has not functioned since August 18.
End note.) Hameed went on to say that parliament will
eventually have a mandate to confirm JSC members.


7. (C) Hameed and Anil added that, prior to the formation of
the JSC, the Justice Minister and the Chief Justice advised
the President on the hiring and dismissal of judges. Since
the Constitution does not provide for a Supreme Court, the
President's Advisory Council, chaired by the Chief Justice,
serves as an appeals body. In a new development, Hameed
noted, the Advisory Council will hold appeals trials in open
court and publish its decisions in order to promote
transparency. The two interlocutors stressed that these
stop-gap measures were designed to improve the justice system
until Constitutional amendments can be implemented. They
added that Paul Robinson, an American law professor from the
University of Pennsylvania is working with the AG's office to
draft a penal code that will incorporate Shari'a law while
modifying some of the draconian rules now in place. Hameed
and Anil expect the new penal code to be presented to the
People's Majlis in early 2006, where it will be debated for
up to one year, and then implemented one year after
ratification.

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HUMAN RIGHTS (OUT OF) COMMISSION
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8. (C) While officials from the AG's office cited the
Maldives Human Rights Commission (MHRC) as a success story,
the organization has not been functioning since August
(Reftel) when the Chairman and two of the four remaining
Commissioners resigned over dissatisfaction with the bill
codifying the MHRC. In a November 27 meeting with poloff in
Male', MHRC Secretary-General Rasheeda Ali expressed
frustration at the current situation. She noted that on
August 18, a bill passed in the People's Majlis required that
MHRC members be named within three months. However, she
said, the GORM waited until two days before that time limit
ran out to present the People's Majlis with a short-list of
candidates. Ali said the parliamentarians refused to select
candidates without adequate time for debate, thus still
leaving three vacancies on the MHRC.


9. (C) In a November 28 meeting in Male' with poloff,
opposition Maldives Democratic Party activist and member of
parliament (MP) Ibrahim Ismail complained that the GORM had
nominated young, inexperienced candidates to the MHRC even
though qualified lawyers had expressed an interest in
becoming Commissioners. Ismail also said the parliament
would likely set the Commissioners' salary at the Deputy
Minister level in order to attract strong candidates and
reaffirm the weight of the office. He seemed confident that
the parliament would select MHRC members soon and have the
organization functioning once more.

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OPPOSITION NEWS
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10. (C) During his November 25 call upon the Ambassador,
Minister Nasheed noted that the GORM has faced international
criticism for its handling of the trial of the opposition
Maldives Democratic Party (MDP) chairperson, also named
Mohamed Nasheed (nicknamed Anni). Minister Nasheed mentioned
quiet discussions with key players in the opposition, and he
said the President may be willing to release Anni if the
opposition leader agrees not to engage in anti-government
incitement.


11. (SBU) Poloff visited Anni, under house arrest in Male',
on November 28. Anni said he expected to be freed from
detention by November 30 and pledged to refrain from speaking
out against the President. Anni was in high spirits, looking
forward to his party's congress to be held December 15.
(Note: On November 30, Anni's house arrest was extended by 30
days. End note.)


12. (SBU) Anni told poloff that his party, along with the
orthodox Islamic Adalath (Justice) Party, will boycott
all-party talks, the former because its activists are
detained and the latter because its members are prohibited
from public preaching. (Note: Only those with Islamic
theology degrees are allowed to preach. End note.) Detained
MDP leader Anni said that were he to be released and were the
MDP to engage in talks with the government, his Maldives
Democratic Party (MDP) would have two key objectives: a
constitutional amendment to prohibit the President from
appointing members of parliament, and the replacement of
Police Commissioner Adam Zahir, whom MDP members and others
allege has engaged in torture of detainees in police custody.


13. (SBU) Anni seemed confident that President Gayoom is on
his way out, and said his party is preparing national
policies in order take on the mantle of government. In terms
of foreign relations, Anni said, the MDP will look to
cooperate with the West rather than with the Non-Aligned
Movement. The party will seek to pare down the Cabinet to
nine ministers from the current twenty-two, and also to
decentralize government to accommodate more federalism. Anni
expressed his hope that the GORM's DRP (Maldivian People's
Party),once divested of President Gayoom, can become a
robust opposition party when the MDP comes to power.
Finally, the MDP will support the rule of law, protect
fundamental freedoms, and abolish the Information Ministry in
order to allow for full freedom of the press, Anni pledged.
Two MDP presidential hopefuls, former UNDP official Waheed
Hassan and MP Ibrahim Ismail, separately shared similar goals
with poloff during November 28 meetings in Male'.

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COMMENT
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14. (C) The opposition press has alleged that the "sweeping
reforms" the GORM touted in a November 23 press release are
merely cosmetic changes designed by a British public
relations firm to placate the international community. This
characterization is somewhat unfair. Over the past year,
political parties have been permitted to register, albeit
with some limitations on their abilities to function
effectively. We have also seen improvements in prison
conditions and treatment of detainees. In addition, it is
encouraging that opposition journalists were consulted in the
drafting of the press freedom bills. However, it is
difficult to see how the creation of the Judicial Services
Commission truly separates powers, and the protracted time
frame for penal code reform seems overly deliberative.
Furthermore, despite maneuvering from people within the GORM
and the opposition, the extension of Anni's house arrest is
bound to exacerbate tensions between the two parties.


15. (C) Comment (cont.): Surprisingly, of late, our MDP
contacts have been less critical of the GORM than usual. For
the first time, the MDP seems to be showing greater political
maturity by limiting inflammatory rhetoric, promoting
internal democracy through its first party congress, and
considering platforms based on issues and policies rather
than merely finding fault with Gayoom's government. It is
interesting to note the mood of optimism throughout the
opposition movement. It seems clear, whether through
GORM-led reforms or grassroots MDP efforts, the Maldives is
due for democratic progress in the months ahead. End comment.


LUNSTEAD