MALE: Among the serious issues confronting the Maldives in its proposed move to democratic governance, the immediate ones relate to strengthening the basic institutions — the legal system and the administration of justice. For a nation criticised by human rights watchdog Amnesty International, the existing legal system is a major lacuna. The lack of separation of powers between the judiciary, the legislature, and the executive is another.

Last September, the spotlight was on the human rights and prison conditions after the death of four inmates, resulting in unprecedented protests. At least one of the deaths is suspected to be a result of torture, but in a country where there is no provision for an autopsy, there is no way of legally declaring it so, say human rights activists.

An immediate outcome of the prison deaths was the setting up of a Human Rights Commission, but its functioning is restricted by the existing law. The Maldivian Constitution, for instance, defines a "law" to include "the practices of the Government." This, according to legal opinion, gives a blanket legal sanctity to all acts of the state.

The interpretation of the law, a difficult task for the Maldivian even during normal times, raises further apprehensions during the current state of emergency. Vocal advocates of democracy speak on conditions of anonymity. "I know the laws are strict, but someone has to speak up," said a youngster, who wants a visible and functioning democracy.

Critics of the Government point out the action after the August 12 public protests as a case in support of the weak legal system. Sections of civilians in Male referred to the protest as fini fenmaa, which in the Maldivian language, Dhivehi, means "Rose Revolution." For the impatient youth, it symbolised some form of a new beginning. "But it just ended and the protesters were arrested. For what, we don't know."

The Human Rights Commission is still based on an executive decree and its members are appointed by the President, making its tenure uncertain. A draft bill sent to Parliament to pave the way for an enabling legislation has been referred to a committee.

Expressing disappointment at the delay in passing the bill, Ahmed Mujuthaba, chairperson of the Human Rights Commission, said the present situation "does not comply with the Paris Principles," as the institution is dependent on an executive order.

The urge for a political change among the politically restive Maldivians, however, is matched by the uncertainty over what lies ahead. Pointing out that some of the pro-democracy activists also include former Ministers, a Maldivian youth said: "They could all be the same finally. We still are not sure." But he is emphatic that democracy is the need. "There is no other option. We have to have our say."

One other concern is the possible emergence of Islamic hardliners. "They are fanatics and they are increasing. If that happens, it could be dangerous," said a senior Maldivian, who also wants democratic reforms.

The President, Maumoon Abdul Gayoom, has conceded that the fundamentalists do not have a critical mass. His critics, however, fear it will be used as "an excuse to delay reforms."

The Government spokesman, Ahmed Shaheed, is emphatic there is no such intention. "The President has no desire to delay reforms," he said, adding that a series of measures had been put in place.

"We are [a] young democracy, and it can only be built by constructive, legitimate and non-violent political processes," he said.

Much of how the Maldives transforms into a democracy will depend on the speed with which its basic institutions are strengthened and public confidence that the promised political reforms would be delivered is built. "Democracy has to be in letter and in spirit," a senior Maldivian said. "Otherwise it will be of no use."

Courtesy The Hindu