MALDIVES: BANNER DAYS FOR DEMOCRACY?

C O N F I D E N T I A L SECTION 01 OF 02 COLOMBO 000420

SIPDIS

DEPARTMENT FOR SA, SA/INS
NSC FOR DORMANDY

E.O. 12958: DECL: 02/13/2015
TAGS: PGOV PHUM MV
SUBJECT: MALDIVES: BANNER DAYS FOR DEMOCRACY?

REF: COLOMBO 297

Classified By: James F. Entwistle, Deputy Chief of Mission. 1.4 (b,d)


1. (C) Summary: Democracy in Maldives is going through a
growth spurt -- a big one -- and the government seems to be
taking it in stride. Amnesty International was set to
release its report on February 24 from its official visit to
Maldives in October 2004. The Maldivian court is scheduled
to sentence the National Security Service officials found
guilty in connection with the September 2003 custodial death
and prison riot. Finally, President Gayoom intends to
announce his eight presidential appointments to the newly
elected Majlis, which will have its inaugural assembly on
February 27. Meanwhile, the Chairman of the opposition
Maldivian Democratic Party is planning to return to Maldives
for the first time since he claimed political asylum in the
UK. It is a pivotal political moment for the government, and
the attitude exhibited by senior pro-government members of
the new Majlis will be telling. End Summary.

Release of Amnesty International Report
--------------


2. (C) In a February 24 conversation with poloff, Chief
Government Spokesman Dr. Ahmed Shaheed said that Amnesty
International (AI) was planning to publicly release the
report from its October 2004 visit. According to Shaheed,
the AI report would highlight two criticisms, that conditions
at the Dhoonidhoo detention center following the August 2004
unrest amounted to torture and that the court system does not
allow for a fair trial due to lack of available legal aid and
the occurrence of presidentially appointed judges. Shaheed
seemed accepting of the criticisms, but noted that the
Government of the Republic of Maldives (GORM) had made
immediate changes in the environment at Dhoonidhoo following
recommendations by the Maldivian Human Rights Commission
(HRC). AI's February 24 press release states, "no one has
been brought to justice for these abuses." Referring to the
criticism of the courts system, Shaheed said that reforms
were "in the pipeline" and felt that the judicial system at
least treated all people equally.


3. (SBU) The AI release also commends the government for
some of the reforms already underway, such as formation of
the HRC and the separation of the police from the National
Security Service (NSS). The organization calls on the
government to make the protection of human rights, as defined
in international treaties, the "guiding principle" in
drafting new constitutional amendments and laws.

Sentencing for officials complicit in custodial death
-------------- --------------


4. (C) Shaheed said that the court was scheduled to sentence
the prison officials who had been found complicit in the
September 2003 custodial death and subsequent prison riot.
(Note: The death of the prisoner led to associated riots on
the capital island of Male', with some government offices
being torched. The GORM was stunned by the magnitude and
intensity of the unrest that had occurred. End Note.) While
senior officials in the National Security Service were
absolved of involvement by a Presidential Commission
investigating the incident, prison personnel were brought up
on charges, marking a significant decision by the government
to address the abuse and hold at least some officials
accountable.

Presidential appointments to Majlis
--------------


5. (C) Preceding the February 27 inaugural assembly of the
newly elected People's Majlis ("Parliament"),President
Gayoom is set to announce his eight presidential
appointments. (Note: The Constitution provides for 42
elected members and 8 appointed ones in the 50-member
legislative body.) Shaheed said the President would not
consider appointing any candidate who lost the Majlis
election, although many of those defeated had lobbied the
President for such consideration. Shaheed characterized the
President's eight appointees as mainly a younger group -- "in
their 30's" -- and would likely include one or two current
members of the Special Majlis.
Opposition leader to return to Maldives
--------------


6. (C) Separately, poloff spoke on February 24 with
Maldivian Democratic Party (MDP) Chairman Mohamed Nasheed,
who said that he intended to return to Maldives for the first
time since seeking political asylum in the UK. (He left
Maldives in October 2003 and was granted asylum in the UK in
June 2004.) Nasheed's return is complicated, however, since
the terms of his asylum in the UK permit him to travel freely
anywhere except Maldives. Since he is distrustful of how the
government will treat him on his return, he is reluctant to
relinquish his British aslyee status. He told poloff he
hopes to resolve these issues and return to Maldives by
mid-March.


7. (C) Nasheed said it is time for the group to have
leadership in Maldives based on the exiled organization's
success in the Majlis elections and the MDP's intent to keep
President Gayoom committed to his reform agenda. (Note: As
the government does not recognize political parties, the MDP
is only an opposition group at present.) He hopes that the
MDP will be able to establish 18 "party branches" throughout
the atolls, adding that 8 have already been formed. Nasheed
also said that the MDP was in contact with the National
Democratic Institute (NDI),the U.S.-based organization that
conducted an assessment in Maldives in October 2004.
According to Nasheed, NDI officials agreed to monitor the
MDP's activities in Maldives, although no official guidelines
had been established.

Comment
--------------


8. (C) Opportunities to be receptive to change are
everywhere for the GORM, and its reaction to on-going events
will illustrate to Maldivians and others the strength of the
government's commitment to reform. It is a positive sign
that government interlocutors actually mention the MDP when
speaking with Embassy officials, an acronym that they did not
acknowledge only recently. The country is primed for
addressing democratic reforms. We hope that the GORM will
remember the negative consequences of its efforts to stifle
opposition voices last August, and will continue its new
attitude of unity and openness. We will continue to
encourage them in that direction. End Comment.
LUNSTEAD