US embassy cable - 05COLOMBO2025

C O N F I D E N T I A L SECTION 01 OF 03 COLOMBO 002025 
 
SIPDIS 
 
E.O. 12958: DECL: 11/30/2015 
TAGS: PHUM, PGOV, MV, Maldives 
SUBJECT: MALDIVES: PLODDING PROGRESS ON THE PATH TO REFORM 
 
REF: COLOMBO 1953 
 
Classified By: AMBASSADOR JEFFREY J. LUNSTEAD FOR REASONS 1.4(b) and (d 
) 
 
1. (U) Summary:  The Government of the Republic of Maldives 
(GORM) is attempting to move forward with media and judicial 
reforms with bills in the People's Majlis (parliament) to 
create a freer press and the formation of a new Judicial 
Services Commission.  However, the Maldives Human Rights 
Commission is still not functioning due to a lack of 
Commissioners, and on November 30, opposition leader Mohamed 
Nasheed's house arrest (reftel) was extended by 30 days. 
Despite the hiccups in the reform process, members of the 
opposition Maldives Democratic Party (MDP) remain optimistic 
that an era of change is imminent as they prepare for their 
December 15 Party Congress.  End summary. 
 
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MEDIA REFORMS PRESS FORWARD 
---------------------------- 
 
2. (SBU) On November 25, Maldivian Minister of Information 
and Culture Mohamed Nasheed called on the Ambassador in 
Colombo to share information on the Government of the 
Republic of Maldives' media reforms.  The GORM has introduced 
bills on freedom of information, freedom of the press, the 
registration of newspapers, and the creation of a Media 
Council.  Nasheed noted that the draft legislation was 
initially sent to the Maldivian press corps for their views 
and input, then revised to reflect their recommendations. 
(Note:  Pro-opposition journalists were included in these 
consultations.  End note.)  The bills have now been sent to 
the Law Commission to vet and pass on to Parliament. 
According to Nasheed, the press freedom bill will work in 
conjunction with a new penal code that will downgrade 
defamation and libel from criminal to civil offenses. 
 
3. (SBU) In addition to the media bills, Nasheed also 
discussed the Ministry of Information's efforts to re-brand 
and re-launch Television Maldives.  He noted that under the 
new system, the Ministry of Information will disengage from 
state-run media and offer editorial independence.  He stated 
that all political rallies will get two minutes' coverage 
with each Party Spokesperson given one minute of commentary 
time to respond.  Nasheed also said that beginning in 
December, a consultant from the Indian Institute of Mass 
Communications will be in Maldives for three months to assist 
the Ministry of Information in developing a broadcast 
journalism curriculum for the Maldives College of Higher 
Education. 
 
4. (C) On November 28 in Male', poloff spoke to Nazim Sattar, 
sub-editor of Minivan News, the only pro-opposition paper 
published daily in Maldives.  Since the paper registered in 
June, seven of fifteen Minivan staff have been under 
investigation under the criminal laws governing the media. 
Sattar said that after reading the press freedom bill, he was 
worried the GORM had deliberately drafted vague clauses in 
the defamation section, including "insults to family honor" 
as offenses.  Sattar feared that with new civil legislation 
in place, the GORM would sue opposition journalists and 
bankrupt Minivan.  Sattar also alleged that the opposition is 
excluded from access to journalism training.  As an example, 
he noted that the Ministry of Information will only provide 
training for TV broadcasters-- and the only television 
station in Maldives is run by the GORM. 
 
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JUSTICE SYSTEM REFORMS: TWO-YEAR TIMELINE 
------------------------------------------ 
 
5. (U) Along with reforming media regulations, the GORM is 
attempting to improve its justice system.  On November 11, 
the government announced the creation of a Judicial Services 
Commission (JSC) formed by Presidential Decree (reftel).  In 
a November 17 phone conversation, Attorney General (AG) 
Hassan Saeed outlined the JSC's composition and mandate: 
-The JSC will have ten members. 
-The Chief Justice will chair the JSC.  He will also appoint 
three judges to serve with him, one each from the upper and 
lower courts and one from the President's Advisory Council. 
-The GORM will appoint four members of the public, to include 
at least two senior lawyers, to serve on the Commission. 
-The remaining two members of the JSC will be the Attorney 
General and the Justice Minister. 
-The JSC will be responsible for the hiring, dismissal, and 
investigation into the conduct of all judges. 
 
6. (C) On November 27 in Male', poloff met with the AG's 
Director General Maumoon Hameed and Assistant State Attorney 
Mohamed Anil.  Hameed and Anil heralded the JSC as a full 
separation of the judiciary from the executive.  Hameed 
asserted that the fact that the JSC was composed entirely of 
executive appointees not subject to parliamentary approval 
would not lessen its independence, citing the Maldives Human 
Rights Commission, which is similarly composed, as a good 
model.  (Note: The MHRC has not functioned since August 18. 
End note.)  Hameed went on to say that parliament will 
eventually have a mandate to confirm JSC members. 
 
7. (C) Hameed and Anil added that, prior to the formation of 
the JSC, the Justice Minister and the Chief Justice advised 
the President on the hiring and dismissal of judges.  Since 
the Constitution does not provide for a Supreme Court, the 
President's Advisory Council, chaired by the Chief Justice, 
serves as an appeals body.  In a new development, Hameed 
noted, the Advisory Council will hold appeals trials in open 
court and publish its decisions in order to promote 
transparency.  The two interlocutors stressed that these 
stop-gap measures were designed to improve the justice system 
until Constitutional amendments can be implemented.  They 
added that Paul Robinson, an American law professor from the 
University of Pennsylvania is working with the AG's office to 
draft a penal code that will incorporate Shari'a law while 
modifying some of the draconian rules now in place.  Hameed 
and Anil expect the new penal code to be presented to the 
People's Majlis in early 2006, where it will be debated for 
up to one year, and then implemented one year after 
ratification. 
 
--------------------------------- 
HUMAN RIGHTS (OUT OF) COMMISSION 
--------------------------------- 
 
8. (C) While officials from the AG's office cited the 
Maldives Human Rights Commission (MHRC) as a success story, 
the organization has not been functioning since August 
(Reftel) when the Chairman and two of the four remaining 
Commissioners resigned over dissatisfaction with the bill 
codifying the MHRC.  In a November 27 meeting with poloff in 
Male', MHRC Secretary-General Rasheeda Ali expressed 
frustration at the current situation.  She noted that on 
August 18, a bill passed in the People's Majlis required that 
MHRC members be named within three months.  However, she 
said, the GORM waited until two days before that time limit 
ran out to present the People's Majlis with a short-list of 
candidates.  Ali said the parliamentarians refused to select 
candidates without adequate time for debate, thus still 
leaving three vacancies on the MHRC. 
 
9. (C) In a November 28 meeting in Male' with poloff, 
opposition Maldives Democratic Party activist and member of 
parliament (MP) Ibrahim Ismail complained that the GORM had 
nominated young, inexperienced candidates to the MHRC even 
though qualified lawyers had expressed an interest in 
becoming Commissioners.  Ismail also said the parliament 
would likely set the Commissioners' salary at the Deputy 
Minister level in order to attract strong candidates and 
reaffirm the weight of the office.  He seemed confident that 
the parliament would select MHRC members soon and have the 
organization functioning once more. 
 
---------------- 
OPPOSITION NEWS 
---------------- 
 
10. (C) During his November 25 call upon the Ambassador, 
Minister Nasheed noted that the GORM has faced international 
criticism for its handling of the trial of the opposition 
Maldives Democratic Party (MDP) chairperson, also named 
Mohamed Nasheed (nicknamed Anni).  Minister Nasheed mentioned 
quiet discussions with key players in the opposition, and he 
said the President may be willing to release Anni if the 
opposition leader agrees not to engage in anti-government 
incitement. 
 
11. (SBU) Poloff visited Anni, under house arrest in Male', 
on November 28.  Anni said he expected to be freed from 
detention by November 30 and pledged to refrain from speaking 
out against the President.  Anni was in high spirits, looking 
forward to his party's congress to be held December 15. 
(Note: On November 30, Anni's house arrest was extended by 30 
days.  End note.) 
 
12. (SBU) Anni told poloff that his party, along with the 
orthodox Islamic Adalath (Justice) Party, will boycott 
all-party talks, the former because its activists are 
detained and the latter because its members are prohibited 
from public preaching.  (Note: Only those with Islamic 
theology degrees are allowed to preach.  End note.)  Detained 
MDP leader Anni said that were he to be released and were the 
MDP to engage in talks with the government, his Maldives 
Democratic Party (MDP) would have two key objectives:  a 
constitutional amendment to prohibit the President from 
appointing members of parliament, and the replacement of 
Police Commissioner Adam Zahir, whom MDP members and others 
allege has engaged in torture of detainees in police custody. 
 
13. (SBU) Anni seemed confident that President Gayoom is on 
his way out, and said his party is preparing national 
policies in order take on the mantle of government.  In terms 
of foreign relations, Anni said, the MDP will look to 
cooperate with the West rather than with the Non-Aligned 
Movement.  The party will seek to pare down the Cabinet to 
nine ministers from the current twenty-two, and also to 
decentralize government to accommodate more federalism.  Anni 
expressed his hope that the GORM's DRP (Maldivian People's 
Party), once divested of President Gayoom, can become a 
robust opposition party when the MDP comes to power. 
Finally, the MDP will support the rule of law, protect 
fundamental freedoms, and abolish the Information Ministry in 
order to allow for full freedom of the press, Anni pledged. 
Two MDP presidential hopefuls, former UNDP official Waheed 
Hassan and MP Ibrahim Ismail, separately shared similar goals 
with poloff during November 28 meetings in Male'. 
 
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COMMENT 
-------- 
 
14. (C) The opposition press has alleged that the "sweeping 
reforms" the GORM touted in a November 23 press release are 
merely cosmetic changes designed by a British public 
relations firm to placate the international community.  This 
characterization is somewhat unfair.  Over the past year, 
political parties have been permitted to register, albeit 
with some limitations on their abilities to function 
effectively.  We have also seen improvements in prison 
conditions and treatment of detainees.  In addition, it is 
encouraging that opposition journalists were consulted in the 
drafting of the press freedom bills.  However, it is 
difficult to see how the creation of the Judicial Services 
Commission truly separates powers, and the protracted time 
frame for penal code reform seems overly deliberative. 
Furthermore, despite maneuvering from people within the GORM 
and the opposition, the extension of Anni's house arrest is 
bound to exacerbate tensions between the two parties. 
 
15. (C) Comment (cont.):  Surprisingly, of late, our MDP 
contacts have been less critical of the GORM than usual.  For 
the first time, the MDP seems to be showing greater political 
maturity by limiting inflammatory rhetoric, promoting 
internal democracy through its first party congress, and 
considering platforms based on issues and policies rather 
than merely finding fault with Gayoom's government.  It is 
interesting to note the mood of optimism throughout the 
opposition movement.  It seems clear, whether through 
GORM-led reforms or grassroots MDP efforts, the Maldives is 
due for democratic progress in the months ahead.  End comment. 
 
 
LUNSTEAD