The Maldives

Lord Swire Excerpts

Tuesday 5th November 2013 Westminster Hall

[The Minister of State, Foreign and Commonwealth Office (Mr Hugo Swire)]

I am very grateful to my hon. Friend the Member for Redditch (Karen Lumley) for securing the debate. I believe that it is her second debate on the Maldives, her first one being in November 2012. I am particularly grateful to her for her continued interest in the Maldives and her tireless support for democratic reform there.

I want to speak very explicitly and clearly, because I want to leave no one, particularly anyone in the Maldives who is listening to what I am saying or who will receive a report of it later, in doubt. I want it to be crystal clear where the Government stand on the current situation.

On the problems and the need to support democratic reform in the Maldives, that is a desire very much shared by the Government, who consider the Maldives to be a long-standing friend and international ally, but we are, as my hon. Friend is, deeply dismayed by the delays in the democratic process. Democracy in the country has been a recent and welcome development. The first multi-party presidential elections were held—my hon. Friend alluded to them—only in 2008. We must recognise that the people and the electoral process of the Maldives have come a long way in that time.

The hon. Member for Strangford (Jim Shannon) raised the issue of religious freedom as part of democracy and human rights in the Maldives, and he is absolutely right that the Maldivian constitution stipulates that a non-Muslim may not become a citizen of the Maldives. We believe that that provision is a violation of article 48 of the international covenant on civil and political rights, which was ratified by the Maldives in September 2006. We have raised our concerns about that with the Ministry of Foreign Affairs and the Ministry of Islamic Affairs, have urged them to promote religious tolerance and have supported that through funding projects to promote moderate Islam.

Let me revert to the democratic process and the democratisation of the Maldives. The evidence is that more than 85%—how many of us would like to be able to cite that figure for our own constituencies?—of the electorate voted in the presidential elections on 7 September this year, demonstrating their strong commitment to the democratic process. Polls were judged by international and domestic observers to have been fair, free and credible. As the Maldives Elections Commission stated, the election was described by observers as

“one of the most peaceful and best”

that they had seen. That certainly remains our view.

However, it is clear that in recent weeks the commitment demonstrated by the Maldivian people has not been respected by some politicians, whose various manoeuvres, including calls for military intervention, have sought to frustrate and impede the democratic process.

Following what appeared to be a weakly substantiated legal challenge from an unsuccessful presidential candidate, the Maldives Supreme Court voted to annul the election results and ordered a restart of the process. Regrettably, the controversy does not end there. On 19 October, the scheduled re-run was cancelled at the last moment, and the Maldives police service intervened to ensure that the vote could not take place. The cancellation came as a result of the refusal of two candidates to sign the electoral register—one of the 16 onerous conditions imposed by the Supreme Court. That condition in effect allows any one candidate to veto the elections, raising the possibility, as my hon. Friend the Member for Redditch says, of further delays.

However, such interference has not gone unnoticed. On 30 October, the United Nations High Commissioner for Human Rights, Navi Pillay, said in a statement:

“I am alarmed that the Supreme Court of the Maldives is interfering excessively in the presidential elections, and in so doing is subverting the democratic process and violating the right of Maldivians to freely elect their representatives.”

The statement also rightly noted:

“Judges should act in accordance with the principles of impartiality, propriety, equality and due diligence”.

Navi Pillay also expressed concerns about the reports of intimidation, noting that the Supreme Court had threatened to charge both lawyers and media with contempt of court for challenging the Court’s decisions. Local non-governmental organisations, including Transparency Maldives, have been subject to inappropriate and unwarranted threats of investigation and dissolution. Such attempts to silence dissent must be condemned. Threats against staff at the Elections Commission and Human Rights Commission must be thoroughly investigated and those responsible brought to justice. The current Government and those responsible for the impasse should understand that their domestic actions are not isolated from the scrutiny of the international community.

I raised the troubling situation in the Maldives with my counterparts at the Commonwealth Foreign Affairs Ministers meeting in New York in September. After all, building, supporting and strengthening democratic rights, freedoms and institutions are values fundamental to the Commonwealth. In fact, such is our concern at the Maldives’ disregard for those values that it prompts the question—if the elections do not proceed as scheduled—of whether it is appropriate for the Maldives to be represented at the forthcoming Commonwealth Heads of Government meeting in Colombo.

In addition to what has been done by the UK and the Commonwealth, statements of concern have been issued by, among others, India, the US, the EU, the UN and those with business interests vital to the Maldivian economy, such as Richard Branson, head of the Virgin Group. It is clear that further delays to the elections, and related instability and human rights concerns, will further damage both the Maldives’ international reputation and their economy.

As my hon. Friend the Member for Redditch noted, the Maldives’ constitution makes it clear that a new President should be elected by 11 November. With less than a week to go, there are justifiable worries that that deadline will not be met and the Maldives will be plunged into uncharted constitutional waters. The Maldives Parliament—the Majlis—has passed a resolution for the Speaker to act as an interim President if required. We hope that that workable solution can be agreed between the parties.

I stress again that the British Government have taken a robust stance on this issue and continue to contribute to international efforts to ensure that the vote takes place. That is no less than the Maldivian people deserve. The United Kingdom has provided capacity-building support for the Maldives Elections Commission; funded observer education through the United Nations Development Programme; and provided election observers, including Members of this House and the other place.

[Karen Lumley]

If the elections do go ahead on Saturday and then there is the run-off the week after, will any observers be there from our Parliament to observe the elections?

[Mr Swire]

So many of our colleagues have gone backwards and forwards like yo-yos to the Maldives in the past few weeks that I am not sure that anyone has the appetite to go again. I have been discussing observers with the secretary-general of the Commonwealth—I shall say something about that in a minute—but I see from the reaction of certain hon. Friends that they are dying to go back to the Maldives, hopefully for the final time for this election.

As I was saying, we have funded observer education through the UN Development Programme; provided election observers, including Members of this House—some of whom wish to go again—and the other place; and encouraged the EU to provide election experts to keep a close eye on proceedings. We also strongly support the Commonwealth’s continued commitment to observing elections and the engagement of the Commonwealth’s special envoy to the Maldives, Sir Don McKinnon.

Our high commissioner to Colombo, who is also accredited to the Maldives, has been in close contact with key figures. He and his staff have visited the Maldives several times in the past two months. He will be there again this week with the United Nations Assistant Secretary-General, the Commonwealth special envoy to the Maldives, and his American and Indian counterparts. I have spoken to the Commonwealth secretary-general a number of times, and I shall visit the Maldives on 17 November, when I fully expect to be able to pay my respects to the new, democratically elected president.

We are frustrated and concerned, but not without hope. There are practical actions that can be taken without delay. The voter registers are due to be signed by candidates today. I am alarmed by what my hon. Friend the Member for Redditch has just told me, but a commitment to do that will help to ensure that the elections can take place.

[Rosie Cooper]

What can be done to help the process? We will have what is substantially a veto if the election lists are not agreed. If, as is thought, the candidates do not agree to those lists, what does the Minister think will happen this weekend?

--- Later in debate ---

[Mr Swire]

We will be somewhere near the impasse that I was so concerned about. We will continue to apply whatever pressure we can, and all the different agencies and countries involved, which I have just mentioned, will continue to do that.

I was about to answer the questions raised earlier by the hon. Member for West Lancashire. I know that she is a vice-chair of the all-party group and has visited the islands. Regarding the capacity of the judiciary, we welcome the visit of the UN special rapporteur on the independence of judges and lawyers. Her statement urged the Maldivian Government to address a number of challenges hampering the functioning of the judicial system in the Maldives, such as training, education and transparency. Progress in that area is vital, as the special rapporteur suggested, to strengthen the independence of the judiciary in the Maldives.

I assure my hon. Friend the Member for Redditch that, in the coming days—despite the news we have just heard, which I think is unconfirmed at the moment—the Government will, together with the Commonwealth, the UN, the EU and international partners, continue to follow developments in the Maldives closely and to make our views known.

As the Foreign Secretary said last month, further challenges to prevent elections from taking place would undermine democracy in the Maldives. The Maldivian people deserve the opportunity to choose their president in accordance with their constitutional rights.

Once again, I thank my hon. Friend and other hon. Members for their continued interest in the subject. I urge them to continue to support the people of the Maldives and the democratic process there in whatever way they can. It is imperative that the rescheduled elections go ahead as planned. Anything short of that will be unacceptable. I say again to those people listening in the Maldives: the world is watching closely and it wants democratic elections, a democratically elected president and no further impediment to that to be created artificially by anyone in that country, which deserves so much better.

Question put and agreed to.