Of all the changes taking place in the Maldives, the nation’s system of government is one of the most controversial. Many Maldivians are demanding greater democratic rights, and the government is faced with the challenge of making a smooth transition into a modern democratic state………………
Attorney General Mohamed Munavvar, who helped draft the country’s new constitution, adopted in 1997 cautions, “the legal and judicial sectors have not been able to keep pace with the rapid economic development and we have come to a point where further economic development and growth are not possible without rapid and substantial legal and judicial reform.”………………………..
Shaaheen Hameed, son of the Speaker and nephew to the President, is also a barrister at the private law firm Premier Chambers and Vice Chairman of the Law Commission. He also helped draft the country’s new constitution, but does not approve of it. He says that it is, if anything, more restrictive than the last. “It is much more detailed, but it hasn’t really changed much,” he explains. “It has not given us what we were looking forward to, which is greater transparency, greater democracy and more due process and rule of law.” ……………….
Attorney General Munavvar, also a Member of Parliament, claims that a multi-party system would necessitate a constitutional amendment. “The Electoral Commission must be independent, and so must the Elections Commissioner - in such a system one must ensure that they can only be appointed with the consent of Parliament.” He says change is possible with the present system: “If we have the present constitution and political parties, we are finished.”………………..
Shaaheen Hameed says that although legal representation is a constitutional right, in his experience the courts have not allowed defendants due process in cases that were evidently political, pointing to the example of Mohamed Nasheed, a former MP who was charged with theft. “I tried to represent him, not because of his theories and what he believes in, but because I believe in justice.” But Hameed was not allowed to. “I wanted to be able to represent, to defend, to let the defense side be heard. But Nasheed had to defend himself and he was convicted.”
Shaaheen Hameed adds that the restrictions of the system have caused less political involvement on the part of ordinary people: “As long you don't get involved in any political matter or try to establish your rights too much, you can live very happily here. People have kept away from any political involvement because they want to continue their business.”………………………….
But Shaaheen Hameed disagrees about the freedom of voting in Parliament. “I have seen Parliament at work from the inside,” he says. “I would not like to go in there as a member the way it runs. It does not work as a Parliament. It legislates, but it legislates what the government wants it to legislate on.”…………………….
According to Mohamed Bushry, editor of the English weekly magazine the Monday Times, Maldivians who disagree with the Government have an easier time than they used to. “The fear has receded in terms of talking to friends in tea shops: people can now talk, even be critical of the President or the system.” But, he says, that freedom has not translated into the media. “Radio and TV stations are government-owned, and the three newspapers are linked to government officials, people who may have some conflict of interest.”
Bushry says that the media have been nervous about using any freedom they have been offered. “It is like a wall, you have to keep pushing it and then slowly it will move. Until then the authorities will be in their comfort zone.” He adds that although the constitution and regulations theoretically provide complete freedom of expression, “somehow, for some reason, this does not translate into practice. Unfortunately, we were not colonized, so we don’t have a judicial system to protect us if we do express our thoughts.”………………………..
Bushry maintains that dissent is as important for the government as it is for the people. “I am not satisfied at all with the status quo. I would like there to be more freedom of expression, for the country, the people, the system to open up to all kinds of ideas, not to be rigid and try to censor. Every idea you hear may not be right, but you should listen to it at least.”
He says he is wary of publishing politically sensitive material in his magazine. “If somebody wanted to write a pro-political party article we would be reluctant, our judgment would tell us it would not be wise. We practice self-censorship…for the continuity of our business.” ………………….
According to Munavvar, in an age of widespread education, political change may turn out to be a tool for peace. “There will be people's demands, and they must be met. If not, then there is going to be social conflict in the country.” The government may not be ready for fully democratic processes, but if Munavvar is right, it may have to end up embracing change with open arms…………..
For more details pls visit http://www.internationalreports.net/asiapacific/maldives/2002/thequestion.html
Please Mr. President, stop insulting Islam!
14 years ago
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