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Editorial

When will the new constitution come into force?

A.S.I. Moosa (Sappe'), Editor-in-Chief, Dhivehi Observer, 11 November 2007

Delay tactics were embedded in Dictator Gayyoom's 2004 reform agenda right at the design stage. The whole idea was to take the world –particularly us the Maldivians –for a ride, feigning he was finally easing his autocratic style of government, while doing absolutely nothing. "It is a tale told by an idiot, full of sound and fury, signifying nothing," as Shakespeare would have said.

The reform agenda was nothing but subterfuge, aimed to divert attention away from the sweeping demands of the people to put an end to Gayyoom's dictatorship, following the gruesome murders of Evan Naseem and fellow inmates at Maafushi jail in September 2003. Faced with the strong determination of the Maldivian people, Gayyoom caved in soon –too soon, as later events would prove –and announced his now infamous reform agenda.

If one were gullible enough to take Gayyoom's 9th June hype at face value, the Maldives was to be turned into a full fledged democracy in 2 years, with separation of powers, independent judiciary, direct elections, multiparty democracy and proportional representation. But sceptics suspected all along –and with good reason –that this was just a ploy aimed to buy time and continue ruling the country for the full term.

Let us now revisit the 'sweeping' reform speech of 9th June 2004 and see what those delaying tactics were.

First of all, Gayyoom suggested that the constitution, once amended, will be submitted to a public referendum for Maldivians to endorse or reject it. Now, what if the public rejects the new constitution? We will be back to square 1 and stuck with the current constitution. This is the biggest delaying tool that was embedded in his plan.

Secondly, Gayyoom himself proposed the removal of unelected members from the parliament and the constitutional assembly. Of course he had no intention whatsoever of doing it, as he knew retaining them would secure the bloc vote of at least 1/3 of the assembly. But he also knew these unelected members would fight tooth and nail to retain their seats thereby disrupting the constitutional reform process. And, we saw this drama unfold before our eyes and delay the whole reform agenda exactly as Gayyoom had scripted.

Thirdly, he used state funds and government institutions to ensure that several of his loyalists were elected to the parliament and to the Constitutional Assembly. Not satisfied with this, he also promoted several of these people to high profile government posts, offering some even ministerial berths in return for their total allegiance to him.

Fourth, he unduly influenced the election of the Speaker of the Majlis, getting his brother in law Abbas Ibrahim elected as Speaker and nephew Shaheen Hameed as Deputy Speaker. This put the reins of the Constitutional Assembly in the dictator's hands through proxy. Many would recall how the current Speaker Gasim Ibrahim was bullied and forced by the Dictator to withdraw his candidacy. As we now know, it was only when Gasim finally became Speaker 3 years later that the Constitutional Assembly started functioning properly.

Now let's look at another feint perfectly executed by the master of deception. Initially, the proposal was for constitutional amendments, meaning only certain specific clauses were to be amended and ratified. However, in the midst of all the palaver, the notion of amendment was quietly dropped and drafting a new constitution taken up. This was also another attempt by the Dictator to delay the whole process. To expedite the process many members of the parliament suggested amending the statute clause by clause, but it was repeatedly rejected by the house. We all know why. Take also the issue of the campaign to remove the 29 unelected members in the house.

And with all these cards up his sleeve, no wonder the smug dictator has the audacity to talk of finishing the constitution by the end of November. But let us take a reality check on what actually lies ahead of us. Just for the sake of argument, let's say it's actually complete by the end of November. Does that mean it's in force? No. It will still have to go to the Dictator for ratification and God knows how long that will take. What if he wanted to change parts? What then? Do we go back to the drawing board? Can the Assembly force him to ratify it by a 2/3 majority? No. And, let's not forget that the constitution has to be endorsed by a public referendum as well. So, considering the pace at which things are moving right now, we will be lucky to have the new constitution in force in the next 12 months. What does that mean? Simply that the next Presidential Election will have to be held under the existing constitution.

Of course, the reform process is no longer in Gayyoom's total control and change is imminent. The people of the Maldives are no longer submissive to his demands and they are ready to face the challenges that lie ahead. They will no longer stand begging for that which they have the power to take.

Gayyoom is part of the problem and not the solution as MDP Chairman Nasheed said. And, we the people of Maldives must be united to remove this obstacle in the path of bringing lasting democracy to our small nation. The final frontier is near.

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