MALDIVES: CONSTITUTION DRAFTING COMPLETE;

C O N F I D E N T I A L SECTION 01 OF 04 COLOMBO 000473

SIPDIS

DEPARTMENT FOR SCA A/S BOUCHER, SCA/INS AND SCA/RA

E.O. 12958: DECL: 05/15/2018
TAGS: PGOV PREL PHUM MV
SUBJECT: MALDIVES: CONSTITUTION DRAFTING COMPLETE;
PREPARATIONS UNDERWAY FOR AUGUST PRESIDENTIAL ELECTIONS;
REQUEST FOR ELECTION MONITORS

REF: A. COLOMBO 385

B. COLOMBO 250

Classified By: Ambassador Robert O. Blake, Jr., for reasons 1.4(b,d).


1. (SBU) SUMMARY: The Maldives is now in the midst of final
frenetic preparations to ratify its new constitution and then
hold the first truly free presidential elections in the
country's history in August of this year. The final chapter
of Maldives' new constitution passed in the Special Majlis
(constitutional assembly) on May 4. At the President's
request, the draft was reviewed by the Attorney General's
office, which identified over 200 "inconsistencies" that must
be addressed by the Special Majlis. Nonetheless, the
government hopes to ratify the constitution by the end of
May. In late April, the government's Dhivehi Raiyyithunge
Party (DRP) used their majority to push through a version of
the contentious chapter on transitional arrangements which
allows the current president and cabinet to retain their
powers until the new president is sworn in on November 11.
The opposition National Unity Alliance remains undecided on a
consensus presidential candidate. Meanwhile, the GORM says
that term limits specified in the new constitution do not
apply to President Gayoom and that he can run again. A
recent UN Assessment Mission that will prepare a confidential
report for the Secretary General told Ambassador that the
government faces a tight timetable to first ratify the new
constitution and then create the new institutions such as an
elections commission, Supreme Court and other institutions
that will supervise the August Presidential elections.
Nonetheless, they urged that the Maldives keep to the
timetable it has set and urged that the Commonwealth, EU and
US send election observers to help give the Maldivian people
confidence about the conduct of these important elections.
The EU and Commonwealth are considering observer missions.
Embassy recommends that the US seek to identify funding to
send at least a small observer mission. Ambassador will
visit Maldives May 19-20 and has requested appointments with
the President and senior Ministers to encourage the
government to keep to its timetable for establishing the
necessary institutions and legislation to ensure free and
fair elections. End Summary.

Constitutional Drafting Complete; Presidential Review Underway
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2. (U) The final chapter of Maldives' new constitution
passed in the Special Majlis (constitutional assembly) on May

4. The Special Majlis drafting committee is currently
reviewing the draft, according to the Ministry of Legal
Reform. The entire draft also was reviewed by the Attorney
General's office, at the President's request. A team of eight
lawyers produced a document identifying over 200
"inconsistencies" in the draft, including "typing and
grammatical errors, terms which may be misinterpreted,
conceptual inconsistencies, principles that could prove
problematic in implementation, and matters that would require
a substantial shift in current government policies." The
AG's office said publicly that many concerns relate to the
Maldivian Charter of Rights and Freedoms, which is based on
the International Covenant on Civil and Political Rights.
Attorney General Azima Shukoor has said that no changes will
be made to the draft without approval of the Special Majlis.
The government intends to ratify the constitution by the end
of May, according to Information Minister Mohamed Nasheed.

GORM Wins Debate Over Transitional Arrangements
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3. (U) The contentious chapter on transitional arrangements
was passed on April 20. The government's Dhivehi
Raiyyithunge Party (DRP) used their majority to push through
a version which allows the current president and cabinet to
retain their powers until the new president is sworn in on
November 11. The presidential election must be held before
October 10 and will be followed by parliamentary elections
before March 31, 2009 and local elections before July 2009.
The British and Australian High Commissioners, who recently
presented their credentials in Maldives, were told by the

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GORM that the new Elections Commission will likely decide to
hold the first round of Presidential elections on August 9
(see para 4). If no candidate wins a 50 percent majority, a
second runoff will be held on August 23. (Note: the GORM
would like to avoid holding elections during Ramadan which
falls in September this year.) The new president will
appoint a cabinet, which will not include members of
parliament. The cabinet will be approved by the current
parliament and later by the new parliament. The current
parliament will continue until new legislators are elected
and convened, no later than May 1, 2009. The current
parliament will have 90 days from the introduction of the new
constitution to pass timelines for eliminating current laws
that conflict with the new constitution, and for passing new
legislation required under the new constitution.


4. (U) Proposals have also been passed to provide for new
independent commissions, including an elections commission,
judicial services commission and anti-corruption commission.
An Interim Elections Commission will decide the exact dates
of the elections. The five-member Interim Elections
Commission will be created within 30 days of introducing the
new constitution. Names will be suggested by political
parties and ratified by parliament. An Interim Judicial
Services Commission will be created within 30 days of
introducing the new constitution, and a five-member Interim
Supreme Court will be created within 45 days of introducing
the new constitution. Judges will be proposed by the Interim
Judicial Services Commission and endorsed by parliament.

Opposition Alliance Searching for a Consensus Candidate
-------------- --------------


5. (U) On April 25, former Maldivian Democratic Party (MDP)
Chairperson Mohamed Nasheed (Anni) won his party's nomination
as the presidential candidate. On April 30, he proposed
teaming up with independent candidate and former Attorney
General Hassan Saeed as his running mate, an idea that has
met mixed reviews. Some MDP members have said they would
have trouble supporting a candidate who had been a part of
the Gayoom administration until just last year. The
Adhaalath Party, also an Alliance member, has instead
suggested that they nominate a running mate for Anni. The
Islamic Democratic Party (IDP) and the Social Liberal Party
(SLP),both members of the Alliance, called in early May for
a primary election to decide on an Alliance candidate. SLP
Leader Ibrahim Ismail has repeatedly said he believes
multiple candidates should compete in the presidential polls,
leading to a runoff round if no one candidate secures 50
percent of the vote. He said he would consent to one
alliance candidate only if selected through a primary. The
IDP has suggested nominating Finance Minister Gasim Ibrahim,
currently Speaker of the Special Majlis, as the Alliance
candidate. Some observers speculate that a final decision is
being delayed to see whether Gasim chooses to enter the
field. Gasim so far, has not commented on his plans (ref A).

President Cleared to Contest
--------------


6. (C) Maldivian High Commissioner to Sri Lanka Ali Hussein
Didi told Ambassador on May 7 that the Special Majlis voted
on April 13 that the current constitution (1998) would be
repealed on ratification of the new constitution, resolving
the debate over whether the draft in process is an amendment
to the current constitution or a new constitution. This
means, he said, that the term limits specified in the new
constitution do not apply to Gayoom and that he can run
again. Opposition groups, however, disagree with this
interpretation and say they will consider filing a case with
the Supreme Court if the President runs.

Election Planning Begins
--------------


7. (U) According to the Legal Reform Ministry, the
government has sent out invitations to international bodies
to observe the upcoming elections. Seven bills are being
drafted, in consultation with political parties, to ensure

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free and fair elections, including a Presidential Elections
Bill, Parliamentary Elections Bills, Electoral Districts
Bill, Freedom of Expression Bill, Political Parties Bill,
Referendum Bill, and Election Commissions Bill.


8. (U) The Ministry of Legal Reform says it is working on
87 bills, 47 of which are implementing legislation required
under the new constitution. These bills are at various
stages of the legislative process. On May 4, President
Gayoom introduced new regulations on freedom of information
by presidential decree. The decree was timed to mark Press
Freedom Day, following calls from the media to enact freedom
of information legislation. The regulation, however, will not
take effect until early 2009. Critics have pointed out that
the text includes numerous exceptions which undermine the
regulations' effectiveness. A law on freedom of information
will eventually be introduced in parliament, and once passed,
would supersede the decree.

GORM Acknowledges Challenges
--------------


9. (U) High Commissioner Didi told Ambassador that the
government is well aware of the challenges it faces,
including the limited timeframe to prepare for elections, the
heavy load of legislation that remains to be passed, human,
financial and technical resource constraints, the need to
create awareness of the process among the public, and the
need to develop independent institutions. Nonetheless, he
said, the government is committed to timely progress on these
issues and looks forward to continued engagement with the
international community on the process of reform. The
Government has said publicly that although the timetable for
presidential elections is short, it is necessary to push
ahead. DRP Head Aneesa Ahmed said publicly that the party
does not want Gayoom to continue in power after November 11
unless he receives a "fresh mandate from the people."

UN Assessment Team Notes Tight Timeline
--------------


10. (C) A UN assessment team, led by Dr. Jehangir Khan,
visited Maldives in early May at the request of the UN
Secretary General. Khan met with a variety of officials,
including the President, Speaker of the People's Majlis,
Speaker of the People's Special Majlis, chair of the Special
Majlis drafting committee, the DRP Parliamentary Group
leader, the Human Rights Commission and the Civil Service
Commission. The team also traveled to Addu Atoll in the
South and Haa Dhaalu Atoll in the North. In a meeting with
Ambassador on May 9, Khan said Maldivians in both parts of
the country expressed skepticism about the reform process and
the government's ability to conduct free and fair elections.
Most people, he said, had little, if any, understanding of
the multi-party system. He said it was apparent from his
meetings with senior GORM officials that the President has no
intention of losing the election.


11. (C) Khan noted UN concern about the tight timeline for
the elections and urged Ambassador to push the President to
follow through on ratifying the constitution and establishing
necessary enabling legislation and institutions. He cited
several other obstacles to free and fair elections, including
a history of dubious elections, overwhelming Presidential
power, and a lack of transparency. He said the UN prefers
that election laws and institutions, such as the election
commission, are in place in a country at least 1 year prior
to elections. In Maldives, the new elections commission
would have only a few weeks to prepare for elections, giving
them little time to effect any change.


12. (C) Khan said the UN's role in the upcoming elections
remains undecided, but the most likely scenario would be a
"low-key assessment mission." He said the UN worries that if
they engage with the current Election Commission, they might
discredit themselves with the new Election Commission. The
UN is reluctant to engage without knowing the "rules of the
game," he said, noting that no one, including the current
election commission has seen the draft election law. He said

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that the UN does not want the government to be able to "wave
a UN flag over a flawed election." Khan said the
confidential report his team prepares on the visit will be
for the Secretary General only, but interested countries will
be briefed on key findings within a few weeks.

Request for Election Observers
--------------


13. (U) Given that these will be the first ever truly
contested Presidential elections and given the very short
period that the new Election Commission and other Maldivian
institutions will have to prepare for these elections, the UN
team recommended, and we agree, that the Commonwealth, EU and
the U.S. in particular should make every effort to provide
elections observers to help give confidence to the people of
the Maldives that this election will be conducted in a free
and fair manner. President Gayoom and other senior
government officials have repeatedly welcomed the presence of
such monitors and stated their intention to conduct free and
fair elections.


14. (U) The Ambassador met on May 15 with representatives of
the EU, Canada, Australia and several other Missions to
discuss what plans individual countries are making to support
the election process. EU Head of Mission Wilson reported
that the EU sent a legal expert for three months to help
prepare the way for elections, and will send three further
experts in mid June to help election preparations. He said
they will focus on training poll workers, hearing and
responding to voter complaints, and voter education. They
will work out of the Maldivian Election Commission. The EU
also has agreed to send two people to report on the elections
themselves. Wilson acknowledged that the EU thus far has not
approved sufficient resources to allow an election monitoring
mission. However, some members of the European Parliament
are pressuring the EU to mount a monitoring effort. Wilson
expects a decision on whether to do this by the end of May.
Wilson also reported that the Commonwealth Secretariat is
considering a full election observation mission with a twenty
person team, as well as the alternative of a smaller expert
mission that would comprise approximately eight persons.


15. (U) The Embassy recommends that the Department explore
the possibility of sending at least a small election observer
mission from the United States. President Gayoom and senior
ministers have repeatedly told the Ambassador that they would
welcome a U.S. observer mission from NDI, the Carter Center,
or any other established US election observer center.
Embassy would appreciate guidance from the Department on
whether funding would be available for such a mission. We
would be pleased to provide a more detailed justification,
should funding be available.


16. (C) COMMENT: The completion of the draft constitution
is a significant accomplishment. Unfortunately, the delay in
completion has shortened the timeline for election
preparation. The GORM seems to determined to push forward on
August elections despite this short timeline. Ambassador
will visit Maldives May 19-20 and has requested appointments
with the President and senior Ministers to encourage the
government to keep to its timetable for establishing the
necessary institutions and legislation to ensure free and
fair elections.
BLAKE