US embassy cable - 04COLOMBO1878

C O N F I D E N T I A L SECTION 01 OF 03 COLOMBO 001878 
 
SIPDIS 
 
DEPARTMENT FOR SA/INS 
 
E.O. 12958: DECL: 11/19/2014 
TAGS: PGOV, PHUM, MV, Maldives, Human Rights 
SUBJECT: MALDIVES:  ELECTION NEARS AS LEGAL PROCESS FROM 
AUGUST EVENTS DRAGS ON 
 
REF: COLOMBO 1832 AND PREVIOUS 
 
Classified By: James F. Entwistle, Deputy Chief of Mission.  Reason 1.4 
(b,d). 
 
1.  (C) Summary:  The Maldivian government is slowly 
returning to work following the Ramadan Eid-al-Fitr holiday. 
Prison detainees are no longer on a hunger strike and 
approximately 21 people remain detained or under house arrest 
in connection with the August 12-13 civil unrest.  Nine 
people have been formally charged, but no substantive charges 
have yet to be filed.  The Government Spokesman contends more 
charges will be filed in the "next few weeks."  Not all MPs 
detained or under house arrest, such as Ibrahim Zaki, were 
able to file candidate papers to stand in the December 31 
parliamentary elections.  A readout follows of the 
Commonwealth Secretariat October 26-27 visit to Maldives. 
The slow government process regarding those under 
investigation for the August events may begin to provoke 
people as the Special Majlis commences substantive 
discussions and the election period nears -- without those 
MPs still barred from participating.  End Summary. 
 
2.  (C) NO HUNGER STRIKE:  With the end of the Ramadan 
festival of Eid-al-Fitr and only two work days before the 
Friday-Saturday "weekend," most Government of Maldives (GORM) 
officials are still on holiday.  Through speaking with 
various interlocutors, there are differing accounts of the 
status of detainees and those under house arrest.  In a 
November 19 conversation, Chief Government Spokesman Dr. 
Ahmed Shaheed said that no detainees remained on a hunger 
strike; of the 12 or so who had begun the protest on November 
4, was still note eating by November 8.  Supporting Shaheed's 
comments, Human Rights Commission Chair Ahmed Mujuthaba had 
told poloff that only one detainee remained on the hunger 
strike during a November 9 visit by the Commission. 
 
3.  (C) CHARGES STILL PENDING:  Shaheed did not have absolute 
figures on the number of detainees, but estimated that 
approximately 21 people were either detained or still under 
house arrest and the investigative stage of the government's 
case is almost complete.  To date, he said, nine people 
(including one MP) have been charged in connection with the 
August 12-13 civil unrest.  (Note:  The formal charges 
already filed are all on par with unlawful assembly and 
disturbing the peace violations.  None of the substantive 
charges, which are expected, has yet to be presented and GORM 
interlocutors continually anticipate them in the "next few 
weeks" in every conversation with emboffs.  End note.) 
Shaheed noted that two of the MPs under investigation -- 
detained or under house arrest -- filed candidate nomination 
papers by the November 15 deadline for the December 31 Majlis 
(Parliament) elections.  Mohamed Nasheed, from the opposition 
Maldivian Democratic Party (MDP), told poloff on November 19, 
however, that despite government assertions that those under 
investigation could stand for the election, some of those 
under house arrest were unable to submit their paperwork 
before the deadline. 
 
4.  (C) UNDER HOUSE ARREST:  In an example of the limbo that 
some of those associated with the August 12-13 events are 
still facing, Ibrahim Zaki, a Special Majlis MP and former 
SAARC Secretary-General, remains under house arrest with no 
charges filed.  Zaki had been placed in solitary confinement 
by GORM officials upon his arrest and was only released to 
house arrest in mid-October.  He has remained there and MDP 
contacts state that he has been unable to attend sessions of 
the Special Majlis and allege that he was prevented from 
filing candidate papers for the December 31 parliamentary 
elections. 
 
5.  (SBU)  READOUT OF COMMONWEALTH SECRETARIAT VISIT:  An 
Australian High Commission official met with members of 
Commonwealth Secretary General Don McKinnon's team that 
traveled to Maldives for an October 26-27 visit and meeting 
with President Gayoom.  Following is the text provided to 
poloff of the Australian emboff's readout of the visit. 
 
Begin Text: 
 
ComSec (Commonwealth Secretariat) has been seeking an 
opportunity for some time to engage the Maldives, more 
especially since the detentions of opposition figures in 
August.  The SG's visit (October 26-27) provided an 
opportunity to do this. McKinnon had already approached 
President Gayoom at the NAM Summit in Kuala Lumpur, and had 
written to him subsequently, but had received no reply.  The 
chance to visit was therefore very welcome.  McKinnon had met 
with the President, the Foreign Minister (Hameed), the 
Speaker of the House (Jameel), and the Chair of the Human 
Rights Commission of the Maldives (Mujuthaba).  (U.S. Embassy 
note:  the author has switched the names of the Foreign 
Minister and Speaker of the Majlis.  End note.)  He had also 
met with some of the political detainees.  After McKinnon's 
departure ComSec Special Adviser Syed Sharfuddin stayed on 
for a week for further discussions, and Sharfuddin provided 
us with the bulk of the debrief. 
 
McKinnon had gone with several messages for the Government: 
that it was important for dialogue to continue on 
constitutional change, and that the process should be 
transparent and inclusive - i.e. that the voice of the 
detainees and other political opponents of the government 
should be heard, and that they should be able to stand in the 
forthcoming elections.  Detainees need to be brought before 
the courts quickly, and the charges against them made known. 
While McKinnon recognized that a number had been released, 
and others had moved from detention to house arrest, there 
were still several important figures unable to participate in 
the political process, notably Ibrahim Zaki (a former Foreign 
Minister), Dr. Mohamed Munavvar (former Attorney-General) and 
Qasim Ibrahim (a businessman), all of whom have been accused 
of providing contacts or financial support to the opposition 
MDP. 
 
Sharfuddin noted that the Government argued that much of the 
reason for the disaffection of the detainees was sour grapes 
- that as former members of the elite they had seen no reason 
to change the system, and that it was only now that they were 
out of favour that they had begun to agitate for change. 
Sharfuddin believed that there was an element of truth to 
this, and had also observed a broad divide between family and 
in-laws of the President, but in reality that was beside the 
point - the issue for the Commonwealth is not the sources of 
political opposition, but that opposition is handled 
properly.  Sharfuddin noted that the Government was worried 
about the effect that instability would have on the tourism 
industry, and, although this had not been raised with him or 
McKinnon directly this trip, also worried about radical 
Islamic linkages with the opposition. 
 
ComSec's judgment, however, is that the MDP remains a middle 
class part of opposition, highly unlikely to be linked to 
Islamic radicals.  The real danger for the Maldives lies in 
the underclasses who do not have a voice, and who are 
beginning to coalesce around other opposition figures, such 
as Sheikh Fareed (although there is no evidence to suggest 
that he has any links with Islamic terrorism). 
 
Sharfuddin was told by the Attorney-General that detainees 
would be allowed to stand in the December elections.  The 
closing date for nominations was November 15, and even if 
detainees were subsequently convicted they would still be 
eligible to stand.  Dr. Munavvar argued, however, that being 
technically allowed to nominate was one thing, but being 
prevented from leaving his house to do so made it practically 
impossible.  Sharfuddin made this point to the 
Attorney-General, who undertook to make it possible for 
detainees to use lawyers to act on their behalf.  Sharfuddin 
also noted that the Speaker of the Parliament had made it 
possible for some detainees to attend parliamentary sessions, 
but that he had no authority over the sessions of the Special 
Majlis, which remained closed to them. 
 
The main outcome from ComSec's new engagement with the 
Maldives was an invitation from the Government for the 
Commonwealth to send an observer mission to the December 
elections.  The Secretariat is also currently conducting a 
needs based assessment of the Maldives, including judicial 
reform of the Attorney General's office, election and 
administrative reform.  In order to avoid any overlap with 
other agencies (as it seems that the Maldivians have accepted 
numerous offers of assistance for development and reform 
following the political incidents of August), the Secretariat 
is looking at placing a Coordinator in the Maldivian 
infrastructure, working in much the same way as a 
Commonwealth Special Envoy would, to create the institutions 
to support a multi-party state, a neutral civil service and a 
reformed criminal justice system.  McKinnon believes that 
such a coordinator, an eminent Commonwealth citizen who could 
report to both the SG and the President, would be able to 
pull the threads of reform together.  This plan has yet to be 
approved by President Gayoom, however.  Neuhaus informed us 
that the Secretariat has approached the Australian Electoral 
Commission to participate in the Commonwealth observer group 
for the December elections, and - despite the date (December 
31) - had received an initially favourable response. 
 
End Text. 
 
6.  (C) COMMENT:  The slow government process regarding those 
under investigation for the August events may begin to 
provoke people as the Special Majlis commences substantive 
discussions and the election period nears -- without those 
MPs still barred from participating.  The comments from the 
Commonwealth Secretariat largely track with our 
interpretation of the situation in Maldives.  The GORM has a 
looming challenge to carry out a fair election that includes 
all those who want to participate, without using the legal 
process associated with the August events as an excuse to 
avoid a real contest for power in the government.  End 
Comment. 
 
LUNSTEAD