Abdul Ghafoor Mohamed was the Maldives Ambassador to the UN, defacto non-resident Ambassador to the US and one of the Maldives? most experienced and respected diplomats. He resigned live on Al-Jazeera following February 7?s controversial transfer of power, expressing ?certain moral and ethical concerns I had that surrounded the departure of the former President [Nasheed].?
More than eight months since the first democratically elected government in the Maldives was brutally cut short by a mutinous mob on 7 February, the country continues to be divided on intensely partisan grounds.
Emotion, rather than rational discourse, has become the mainstay of political debate, both in and outside of parliament. In the meantime, the country?s economy appears to be in freefall, violence and brutality is on the rise and social norms are declining. A country once hailed as a haven of peace, both by its citizens as well as visitors, is fast becoming a playground for drug peddlers, criminals, pedophiles, bootleggers and knife-wielding gangsters.
This is not the country I grew up in; nor is it the country I wish to bequeath to my children.
I write this, not because I wish to blame one or the other person or party for the plight we find ourselves in; nor because I have any definitive or fanciful solutions to the seemingly ceaseless arguments of right or wrong pervading through our society at this particular junction in our history. There must be, indeed, there has to be, a better way of resolving our differences, of rising above narrow partisanship, of being able to settle our political scores, while respecting the views of those who diverge from us in belief and conviction.
Almost four years ago, when we so eagerly adopted a new Constitution granting us many freedoms hitherto unfamiliar, both at the individual as well as at institutional levels, we rejoiced proudly at our ability to instigate change through discussion and debate, and transform our country from a 30 year authoritarian regime to a multi-party democracy peacefully through the ballot box. The whole world heaped unbounded praise on the good judgment of a small nation that had lit a beacon for peaceful democratic transition other small nations could hopefully emulate; Maldives was in fact regarded as a ?success story? by the United Nations and the international community ? a ?poster-country? for peaceful democratic transition!
There was indeed a sense of poetic justice as the once all-powerful old ?dictator? humbly bowed down to the will of the people, and without much fuss handed over the reins of governance to a new democratically elected youthful leader, who in fact had been repeatedly incarcerated by his defeated predecessor for demanding greater political freedoms in the country.
On that joyous day, we all believed in the depths of our hearts and souls that a new era of political pluralism, with concomitant freedoms and longed for justice, had dawned on the shores of our beautiful isles; we were marching in step with civilization and progress.
Regrettably, our elation seems to have been short-lived.
As we decline further into an abyss of political and economic disaster, following the abrupt and unceremonious regime change on 7 February 2012, many in the Maldives seem to be fast losing faith in the anticipated promises of democracy, in our politicians sworn to serve the people, and the independent institutions that were set up to protect the system.
Today, the people of Maldives, especially in Male?, yearn for some normalcy in their lives; to be able to send their children to school; do the shopping; cross the street safely; enjoy a ride around the island; above all, have their loved ones return home in one piece. Yet, unfortunately, normalcy for the people of Maldives appear to be increasingly elusive as the politics of vengeance, mutual distrust, personal enmity and party rivalries take precedence over every other national interest.
This is no better demonstrated than in the current efforts to convict the ousted President on charges of alleged abduction of a judge, whose ?unorthodox? rulings in the execution of his judicial duties, to say the least, is common knowledge.
It is not my intention here to vilify the said judge, but suffice it to say that there are many who believe, and seemingly justifiably so, that his continued stay as a judge is an affront to the ?independence? of any respectable judiciary. For them, he represents, in many ways, the worst and most manifest example of judicial abuse, in an already weak and compromised judicial system that has consistently been meting out systematic injustice, according to more than one international observer who have analysed and commented on the Maldivian judicial system.
Be that as it may, the arrest of the said judge by the then President was roundly condemned both nationally and internationally as legally untenable, the perceived moral imperatives of the President?s actions by some notwithstanding.
During the ensuing months since that fateful Tuesday, our country has been thrown into a seemingly never ending cycle of turmoil and turbulence. Our society has been brutalised, violence has become commonplace, respect for and confidence in the various state and government institutions and high ranking officials has never been so low. Indeed, even the very legitimacy of the newly sworn in President and his cabinet continues to be questioned by a considerable section of the Maldives polity, despite an internationally recognised Commission of National Inquiry having deemed the transfer of power as being legal and constitutionally mandated.
In the Maldives today where you stand on any conceivable issue of national significance depends almost entirely on with whom you party rather than on any sound judgments reached based on a rational analysis of facts. Truth, when it impedes the political interest, is summarily discarded.
Consequently, a government that had been formed on the claim of ?national unity?, by stitching together a coalition of disparate political parties, appear to be going through a complete policy paralysis, as competing factions in the government fight for greater leverage on every issue. Many, in fact, are inclined to believe that this has become a one-issue government ? that being the denial of candidacy for the ousted President in the 2013 presidential elections. Indeed, it seems that it is only on this one issue that the government is really united.
Little wonder then that the state?s decision to relentlessly pursue criminal charges against the former President, on charges of alleged human rights violations of an ?innocent? man, appears to meet with so much skepticism both within and outside the country. Justice must not only be done, it must also be seen to be done.
There are those who passionately argue that the former President must be tried and sentenced to jail for his alleged abduction of the judge. There are others who just as vehemently argue that his actions, even if wrong, were understandable, in the larger interest of establishing an enduring and robust judiciary, claiming the charges to be based more on political expediency rather than a quest for justice.?Both claim to be seeking justice for the people of Maldives.
It is my belief that, taking into consideration the events that led to the resignation of the then President, the mayhem that followed and the current emotionally charged atmosphere in the country, not to mention the questionable reputation of our judicial system, the pursuance of criminal charges against the former President is unlikely to serve the best interests of our nation which we so dearly claim to love; indeed it could possibly result in even more injustices being heaped on the people of Maldives.
At a time when we are so desperately in need healing the many wounds pervading through our nation, it is even more imperative that the state should not try to further fan the fires of distrust, disharmony, hatred, instability, and even political insanity. Indeed, it is duty bound to make every effort in harnessing greater harmony, mutual trust and increased cooperation amongst the various factions of the community.
It is quite evident that whatever the eventual outcome of the on-going court proceedings against the former President, the country will be further split on party lines. A conviction and possible disenfranchisement of the defendant will provoke the ire and indignation of his intensely loyal supporters who comprise a considerable mass of the country?s voting population. An acquittal will be an equally devastating blow for the many who have been so vociferously demanding the former President?s incarceration in jail.
Indeed, whatever may be the final decision of the three magistrates entrusted to hear the case, it would be a lose ? lose situation for the country as a whole. Instability will continue to reign supreme.
Even more sadly, the moral authority of any President elected in a presidential election that had disenfranchised the chosen candidate of the largest political party will be considerably compromised, both domestically as well as internationally.
No one can doubt the steep uphill battle ahead for any new President, whose first and foremost task on assuming office will be to begin the healing process for a nation that had been torn apart over the last few months. The new President will require much goodwill and trust, moral and material support, both from within the country and international friends.
If our presidential elections do not receive the unequivocal stamp of approval as being free and fair, both nationally as well as internationally, there will always be a cloud of doubt hanging over the legitimacy of the new President. That would be a shame the people of Maldives should not have to bear, nor a burden we should impose on a newly elected President.
I believe our country currently face a very particular and unique situation in its short democratic history, in which the people of the Maldives desperately deserve the opportunity to have their say in determining whether or not the former President?s actions were justified, even if legally suspect. Let the people decide!
It is for all these reasons, in the larger interests of the future of our small yet beloved nation, that I would urge the State to cease the on-going prosecution of the former President on criminal charges. This becomes even more critical when there appear to be near universal agreement on the systematic weakness of our judiciary and its questionable competency to provide justice.
A long time ago, when I was still a young and impressionable student, a professor of mine once advised me that regret is something we should not waste our time on; we can never change what happened yesterday, but we can do something today to help shape our tomorrow, he said. Much has happened in the Maldives during the recent past, many of which perhaps regrettable, yet today unchangeable.
It is time for us to move forward, learning from our past, with confidence in a future shaped by our own actions taken today in the larger interest of our country, as the people of Maldives so desperately seek justice.
Abdul Ghafoor Mohamed was the former Maldives Ambassador to the UN and defacto non-resident Ambassador to the US.
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Source: http://minivannews.com/politics/comment-desperately-seeking-justice-46897
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