US embassy cable - 05COLOMBO1716

C O N F I D E N T I A L SECTION 01 OF 05 COLOMBO 001716 
 
SIPDIS 
 
STATE FOR SA/INS 
USPACOM FOR FPA 
 
E.O. 12958: DECL: 09/27/2015 
TAGS: PGOV, PHUM, EAID, MV, Maldives 
SUBJECT: MALDIVIAN DEMOCRATIC REFORMS:  PROGRESS PLODDING 
BUT POSITIVE 
 
REF: A. COLOMBO 1680 
     B. COLOMBO 1669 
     C. COLOMBO 1530 
 
Classified By: AMBASSADOR JEFFREY J. LUNSTEAD.  REASON:  1.4 (B,D). 
 
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SUMMARY 
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1.  (C) During a September 25-27 visit to Maldives as part of 
the first US-Maldives Friendship Week (septel), Ambassador 
met Government of Republic of Maldives (GORM) 
representatives, including President Maumoon Abdul Gayoom, 
and opposition Maldivian Democratic Party (MDP) leaders to 
discuss the aftermath of the August 12-14 unrest in Male' and 
its impact on democratic reform.  Interlocutors' assessments 
of the reform effort varied predictably, with GORM leaders, 
including Gayoom, asserting an overall positive trend, 
despite some bumps along the way, and MDP activists accusing 
the President of only pretending to reform to placate the 
international community.  We believe the truth lies somewhere 
in between:  Gayoom recognizes the need for reform--whether 
he genuinely wants it or not--but wants to control the pace 
and scope more rigidly than the MDP and others might wish. 
International engagement with the GORM, especially in the 
form of democracy-building activities, seems the best way to 
ensure steady, if not rapid, progress.  The Ambassador, 
stressing the widespread popular desire for change, noted 
that reform, while difficult, is necessary.  How and when 
these reforms take place is up to Maldivians to decide, he 
emphasized; all parties should work together to find a 
satisfactory compromise.  He underscored the need for due 
process in the upcoming trials of MDP Chairman Mohamed 
Nasheed and other MDP activists detained after the August 
12-14 disturbances, while advising his MDP interlocutors of 
their party's responsibility to ensure that MDP assemblies 
remain peaceful.  Deputy Foreign Minister  Aminath Didi 
assured the Ambassador that the Government will move quickly 
to conclude the bilateral agreement on tsunami aid.  End 
summary. 
 
--------------------------------------------- --------------- 
GAYOOM:  EXTENDING ONE "HAND IN FRIENDSHIP" TO ALL PARTIES; 
OTHER HAND COMPILING "DOCUMENTARY" EVIDENCE AGAINST MDP 
--------------------------------------------- --------------- 
 
2. (SBU) During a September 25-27 visit to Maldives as part 
of an inaugural US-Maldives Friendship Week (septel), 
Ambassador held a series of discussions with Government of 
Republic of Maldives (GORM) representatives, including 
President Maumoon Abdul Gayoom, and opposition Maldivian 
Democratic Party (MDP) leaders to discuss the August 12-14 
unrest in Male' and its impact on proposed democratic 
reforms.  In all his meetings, the Ambassador noted the many 
difficult but important changes the GORM was attempting to 
undertake and emphasized the mutual responsibilities of 
government (to protect freedoms of speech and assembly) and 
political parties (to speak and assemble peacefully) in a 
democracy. 
 
3.  (C)  In his September 26 meeting with Gayoom, the 
Ambassador expressed gratitude for Gayoom's message of 
condolence for the victims of Hurricane Katrina and the 
Maldivian government's gift of USD 25,000.  Noting that 
several significant reforms, including the registration of 
political parties, had recently occurred, the Ambassador 
asked Gayoom how he perceived reforms were proceeding.  The 
Special Majlis on constitutional reform (which has spent more 
than a year just debating rules of procedure) has at last 
finalized almost all of the rules, Gayoom reported, and 
should be ready to "begin grappling with the reform agenda" 
once it reconvenes October 1.  With technical assistance 
provided by constitutional experts from the Commonwealth and 
India, the Special Majlis might be able to complete review of 
the proposed amendments by the end of 2006, he said. 
(Comment:  This is a far more leisurely time frame than 
Gayoom originally suggested.) 
 
4.  (C)  The government moved quickly to allow formation of 
political parties before people even understood what parties 
are, Gayoom asserted; thus "tensions are only to be 
expected."  The Ambassador agreed that reform is difficult on 
all sides; the GORM must foster an atmosphere conducive to 
responsible political expression, including provision for 
free speech, while the opposition has a responsibility to 
demonstrate its dissent in a peaceful and orderly fashion. 
He noted that Assistant Secretary for South Asian Affairs 
Christina Rocca, in a taped message played at the Friendship 
Week reception the night before, had stressed these same 
themes.  The GORM has begun a dialogue with political parties 
on two important pieces of legislation--one governing the 
Maldivian Human Rights Commission (MHRC) and the other on the 
registration of political parties, Gayoom told the 
Ambassador, "but MDP has refused to come," citing the 
continued detention of MDP Chairman Mohamed Nasheed as a 
"pretext." Describing the MDP rebuff as "sad," the President 
said the GORM "has extended our hand in friendship to all 
parties" and it was "not reasonable" of the MDP to stay away. 
 
5.  (C)  Commending the President's offer of dialogue to the 
MDP, the Ambassador emphasized the need for due process in 
the trials of Nasheed and other detainees.  Nasheed is facing 
very serious charges, the President replied, for which the 
Attorney General has compiled extensive "documentary 
evidence," including 1,000 pages of "inflammatory" speeches 
and 90 videos of MDP-incited violence.  (Comment:  Given that 
the MDP Chairman had only been in Maldives four months at the 
time of his arrest, that there are 1,000 pages of his 
speeches available as evidence of sedition is impressive by 
even the ever-prolix Nasheed's standards.  End comment.)  The 
GORM plans to invite a representative of the International 
Committee of Jurists (ICJ) when Nasheed's trial commences in 
"a week to ten days," Gayoom said. 
 
-------------------------------------- 
ATTORNEY GENERAL:  ENUMERATES REFORMS, 
CONFIDENT OF EVIDENCE AGAINST NASHEED 
--------------------------------------- 
 
6.  (C)  In a September 27 meeting with the Ambassador, 
Attorney General Dr. Hassan Saeed recounted some of the 
improvements he had recently introduced to the prosecutorial 
and legal systems.  For example, in 2003 97 percent of 
convictions were based on confessions, he reported.  Thanks 
to his efforts to encourage investigations built on other 
evidence, that number had dropped to 64 percent over the past 
year alone.  Interrogations of suspects must now be 
videotaped and conducted in the presence of legal counsel; 
copies of the videotape are given to the judge and are 
available to defense counsel upon request.  All trials are 
open to the public, he continued, and the ICJ has been given 
permission to observe Nasheed's trial.  A bail system has 
been introduced, although Saeed acknowledged inconsistencies 
in its application.  He plans to hold a "seminar" on the 
proper operation of the system for the relevant authorities 
soon.  He has invited all registered political parties to 
discussions on pending legislation governing political 
parties and the MHRC, but (as the President had told the 
Ambassador the previous day) the MDP had refused to 
participate. "If they claim to be serious about reform, why 
can't they participate?" Saeed asked.  Finally, he told the 
Ambassador, he has drafted a "road map" for continued reform 
which he had presented to the President on September 26. 
 
 
7.  (C)  The Ambassador welcomed these initiatives, including 
the decision to allow ICJ to observe Nasheed's trial, adding 
that people in Maldives and the international community would 
be following that process closely.  The US takes no position 
on Nasheed's guilt or innocence, the Ambassador stressed, but 
is concerned that the trial be conducted fairly and 
transparently.  Nasheed faces very serious charges, including 
sedition, he observed; the evidence needed to prove such a 
charge must meet a high standard.  The GORM has evidence that 
proves Nasheed's guilt beyond a reasonable doubt, Saeed 
rejoined.  In the lead-up to the August 12 protest, the AG 
continued, he had met with several MDP leaders to urge them 
against public demonstrations and most--with the notable 
exception of Nasheed--agreed to desist.  Nasheed had been 
determined to get himself arrested since he returned Maldives 
last April, Saeed asserted, "as a short cut to being a hero." 
 Nasheed now realizes the seriousness of the charges he 
faces, Saeed said, hinting that he expects a possible 
breakthrough in the MDP leader's plea that could obviate the 
need for a trial. When asked how many detainees besides 
Nasheed will also be charged, Saeed did not provide a precise 
number, although he noted that of the 23 cases referred to 
him for prosecution, "some had been sent back" for 
insufficient evidence. 
 
8.  (C)  Saeed said that he had warned the President that it 
was a mistake to legalize political parties without first 
adequately educating the people about party roles and 
responsibilities.  In retrospect, the Government should take 
some responsibility for the "failure" of this initiative so 
far, he told the Ambassador.  That said, the MDP's insistence 
that Gayoom step down is misguided, the AG suggested.  If a 
new government were to come in, its first priority would be 
to consolidate its own power and strengthen its position.  In 
contrast, Gayoom, confident in his authority, "is keen to 
lead reform and strengthen institutions."  That is why the 
reform process must be "government-led at this stage," Saeed 
explained.  MDP should realize that reform is coming, with or 
without them, he continued.  If the party truly wants reform, 
it should get on board and "be a part of history." 
 
------------------------------------ 
WHERE'S THE PARTY?: 
REGISTRATION WITHOUT REPRESENTATION 
------------------------------------ 
 
9.  (C)  The Ambassador met a group of MDP leaders, including 
former SAARC Secretary General Ibrahim Zaki, People's Majlis 
MPs Ibrahim Ismail and Hassan Afeef, and former UNDP official 
Dr. Waheed Hassan, at MDP headquarters on September 27.  The 
MDP representatives complained of GORM distortions and 
misrepresentations, especially to the international 
community, and expressed overwhelming suspicion of Gayoom's 
sincerity.  To keep Gayoom to his commitments, the 
international community must play "a stronger role," they 
asserted, adding that they had demanded third-party 
international observers, perhaps from the Commonwealth, be 
present at all MDP discussions with the GORM--including the 
meetings proposed by the Attorney General on the political 
parties and MHRC bills. 
 
10.  (C)  The international community should not be fooled by 
the "pictures" of so-called reform Gayoom is trotting out, 
the opposition members cautioned; they may sound good but 
they have little of real substance.  They offered several 
examples: 
 
--Political parties:  The GORM has allowed political parties 
to register but to do nothing else, they charged.  They cited 
a recent announcement by the Election Commissioner that 
parties would not be able to run candidates in an upcoming 
by-election for the Special Majlis.  What is the purpose of 
political parties if not to run in elections, they queried. 
Moreover, the GORM continues to deny the MDP access to 
state-run media, they asserted, and uses a combination of 
intimidation (threats that civil servants will lose their 
jobs) and bribery (promise of overseas 
scholarships/exchanges) to recruit membership in Gayoom's 
party. 
 
--Bail:  The investigating officer decides who gets bail and 
who doesn't--not a judge.  Since the investigating officer 
has always had the prerogative to release a detainee or keep 
him locked up, how has this improved the situation, they 
asked. 
 
--Rallies:  Political parties, upon application to the Home 
Affairs Ministry, may obtain permission to hold a rally, but 
the GORM still gets to choose the venue.  MDP "rallies" are 
largely confined to small school classrooms that cannot 
accommodate the number of people generally associated with 
the term "rally," they lamented. 
 
--Independent judiciary:  The MDP alleges that the police and 
National Security Service destroyed party property during the 
August 12-14 demonstrations, but each of the three 
courts--Lower, Higher and Supreme--has refused to hear the 
case. 
 
--Invitations for dialogue:  MDP members have taken up these 
offers in the past, and nothing has ever come of it, they 
charged.  To build up this shattered confidence, the MDP 
wants the President to offer "an action plan (for reform) 
with measurable results and a timeline." 
 
11.  (C)  The Ambassador replied that, in his view, the MDP 
was overestimating the influence of the international 
community and underestimating the pressure of Maldivian 
society.  The international community can support the process 
from the outside, he said, but only Maldivians can make it 
happen.  While ideas on the ideal pace may differ--with the 
MDP arguing for immediate, dramatic change and those in the 
GORM seeing the need for more measured process--there is 
nonetheless broad consensus on both sides that reform must 
occur, the Ambassador observed.  The MDP should not miss the 
chance for dialogue with the GORM, he argued, especially 
since many new members of the Cabinet are clearly reform 
proponents.  If this opportunity is missed, there is always 
the danger that the intense popular desire for change may go 
the wrong way toward extremism or militancy--which would be 
bad for all Maldivians, regardless of political persuasion. 
 
----------------------------------- 
NEW CABINET MEMBERS WITH NEW IDEAS 
----------------------------------- 
 
12.  (C) In a September 27 meeting with the Ambassador, newly 
appointed Home Affairs Minister Ahmed Thasmeen Ali lamented 
that the August 12-14 disturbances and subsequent spate of 
arrests "took us away from our reform agenda."    Besides 
introducing appropriate training for the police (which just 
separated from the National Security Service last year), Ali 
also has ambitious plans to improve the prison system.  He 
wants to improve training, recruitment and compensation for 
prison guards to help build up a professional officer corps. 
As a start, the Australian government has sent a technical 
advisor who will spend six months at the prison on Mahfushi 
Island.  In addition, Ali has begun a project to improve the 
physical infrastructure at the prisons.  To alleviate 
overcrowding, he is exploring the possibility of opening 
separate drug rehabilitation facilities for those convicted 
only of narcotics possession. 
 
13.  (SBU) Atoll Development Minister Mohamed Deen, a former 
member of the Maldivian Human Rights Commission, told the 
Ambassador in a separate meeting the same day of his plans to 
decentralize island administration by having a 
multii-partisan Island Council, appointed by the local 
population, that would have authority to tell the 
centrally-appointed island chief what to do.  With the 
islanders deciding for themselves many of the functions now 
performed by the Atoll Development bureaurcracy. "in two 
years this ministry shouldn't exist."  He is also considering 
a two-term limit for island chiefs, many of whom have 
retained that comfortable sinecure for decades; he has 
"already removed some old island chiefs" from their posts. 
The key to successful democratic reform, Deen stressed, is 
appropriate civic education.  To help familiarize young 
Maldivians with democratic precepts and to train the leaders 
of tomorrow, he hopes to sponsor (in part with his own funds 
as a resort owner) student exchange programs with high 
schools in the west. 
 
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TSUNAMI RECONSTRUCTION 
 
SIPDIS 
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14.  (SBU) In a September 27 meeting, Deputy Minister of 
Foreign Affairs Aminath Didi assured the Ambassador that the 
MOU on tsunami reconstruction would be signed soon.  While 
the GORM has some minor questions on details in the 
agreement, she said there is no problem with the general 
language of the document, and she believes the remaining 
details can be worked out later.  During the meeting with 
Gayoom the previous day, the President told the Ambassador 
that reconstruction is proceeding.  The GORM has already 
awarded contracts to seven companies, and construction will 
continue despite the upcoming Ramadan fast. 
 
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COMMENT 
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15.  (C) Substantial changes are occurring in Maldives--maybe 
not fast enough or dramatically enough for the MDP and other 
critics of the Government--but occurring just the same. 
While there is significant disagreement about Gayoom's 
motives for introducing reform, he clearly seems 
determined--or perhaps resigned--to doing so.  The MDP should 
not miss an opportunity to influence and help shape this 
important process.  Nor should the GORM, whether through 
intimidation, show "trials" of key opposition leaders or 
repression of legitimate party activities, discourage the MDP 
from such engagement.  The upcoming trial of MDP Chairman 
Nasheed could prove an important test of the GORM's 
much-reiterated commitment to due process and freedom of 
expression. 
LUNSTEAD