Government fails in its obligations to FA Maldives

Hamid Abdul Ghafoor, Mon 29 November 2007, Male’

FIFA have “appointed” a committee of five football personalities to oversee the transition of the National FA from a government controlled entity to a legal civil society organization. The man responsible for recommending this transition committee of five for FIFA approval was the AFC Secretary General Dato’ Paul Money Samuel.

Chairman appreciates government’s assistance!
The FIFA appointed Chairman of the FA transition committee Ahmed Shahir, in his first encounter with the local media after his appointment, expressed his appreciation of the assistance afforded by the government to his transition team. This is truly shocking in light of the fact we are in this situation today, because it was this very government that had continuously rejected democratic elections of the Maldives FA for the last 25 years.

Chairman Shahir, also a prominent member of the government appointed National Sports Council. He explained through last Thursday’s daily newspaper Haveeru that he was confident of getting the government controlled national FA to successfully transit into an independent and democratic institution without outside interference. Shahir, surely must have been joking when he expressed his public appreciation to the very government that continues to block representative governance. Government interference was the very reason for FIFA interference.

Chairman Shahir’s need to “please” the government is extremely worrying! I do not see how his comments can be interpreted as diplomacy. Shahir’s comments go against the very principle of freedom from outside interference. But then my very good friend Shahir we all know is an honorable man.

The FIFA appointed transition team consist of a past national goalkeeper and active coach Iqbal, a past national player and now a team manager Shah Ismail, two businessmen Mohamed Amir and Ahmed Hafeez, both past players, are the other members of this committee.

Committee’s mandate
The Transition Committee must be cognizant of the fact that their task is to ensure the FA is handed over to its rightful owners, namely the collective decision of member clubs as per Maldivian law in the first instance and of course the FIFA Statutes. This committee must guarantee that the government stops interfering in the affairs of the Maldives FA. Chairman Shahir rightfully points this out as his noble mandate.

I am sure he could therefore have done better by NOT kicking off his FIFA backed chairmanship with a whopping endorsement of the very government that had been the problem. Shahir is an honorable man, or did Haveeru just make this all up?

However, if cuddling up to the government is to be the Chairman’s stance, FIFA and Dato Paul Mony Samuel must understand that this committee will not command the confidence of the already frustrated domestic football community. Dato Paul has obviously failed to get a realistic assessment of the situation on the ground. Conspicuous is the absence of certain long standing members of the domestic football community on the Dato’s must-meet list in the Maldives. This probably is why the spirit of the FIFA Statutes requires even an interim committee such as a transitional committee to be elected and not selected as is the case here.

Government flouts the Law
Lawyers expressed surprise at Shahir’s remarks in light of the fact that the Maldives Law of Association (1/2003), since May 2003 required founding members of unelected associations, such as the Football association to re-register their Statutes and hold elections within a year of ratification of the law, meaning latest by May 2004.

We know that the sports minister at the time, Zahir Hussain, had the foresight to at least act within the “letter” of the law by submitting a new set of statutes for the FA apparently on the very last day of the deadline. We also heard that Minister Zahir was concerned at the blocking of government interference prescribed by law 1/2003 and had wished amendments to facilitate a return to an “acceptable” level of government control. After minister Zahir, two ministers, Ibrahim Manik and Hussain Hilmy passed through the ministry dragging their feet on elections. Incumbent minister Deen has totally distanced himself from his responsibility as founder to call for elections. The consequent FIFA intervention and appointment of a Transition Committee have been the direct result of government neglect at a time of an unprecedented political awakening of Maldivian society.

The law requires the government, as founder, to ensure democratic elections. Unfortunately the government not only failed to allow democratic elections, but actively blocked initiatives to democratize the FA. All past Presidents were appointed. The government have, to date consistently rejected all proposals to elect even a minority of club representatives to the executive committee. Finally, after the landmark Kuda Heena case last year, the government, through Presidential Decree “appointed” a National Sports Council, which in turn could manipulate National Association elections. The latest proposal from the NSC to the NA was for member clubs to vote in a clause to their Statutes, giving the NSC the right to appoint Presidents of NAs. Ridiculous as it is, club officials were told that government will withhold funding, should they refuse to ratify “institutionalized government interference”.

“Government Non-government Organizations (NGOs)”
Unlike the case in most other countries, we have the bizarre reality of “Government NGOs”. The Maldives FA is such an NGO, disguised as a civil society organization until FIFA recently caught up to this deception by rejecting the government appointed FA President and Executive Committee. It has always been the responsibility of the incumbent sports minister, as founder of the FA to ensure that even “government founded” sport NGOs were elected according to Maldivian law.

FIFA Intervention
FIFA intervened in our “internal affairs” simply because the Maldives FA was not constituted in line with the world body’s regulations. The Maldives Government, as the founder of the National FA, has therefore failed in its duty towards its members in whose interest the government should have registered the FA. The government blocked democratic elections in contravention of Maldivian law.

It is a terrible shame that the international sports community have had to override government to come to the rescue of Maldivian football clubs and players. I believe it is simply a matter of time before other international bodies such as the International Olympic Committee will be jolted into taking note of the situation in the Maldives. Unlike the FIFA, most international sport federations have not bothered to act on issues of democratization, conveniently turning a blind eye to government interference.

Context
The FIFA appointed transition team and its Chairman Shahir must recognize the historic context within which the Maldives FA has to transit into a democratic institution. I sincerely hope the FIFA and the AFC will attempt to obtain a better grasp of our ground reality. It appears questionable weather the best option for FIFA in the case of the Maldives was to appoint a Transitional Committee.

Forced to respond to internal and external pressure for democratic reform since 2003, the government of President Gayoom today stands face to face with the task of ratifying a new constitution and agreeing to a coherent, time bound, transitional framework as early as next month. It is perhaps within this context that FIFA should have weighed the question of “selection” and “election”.

Can we still give Chairman Shahir a break?