Maldives fears FIFA will suspend them if elections annulled

And quite rightly so! But, what was the FIFA doing endorsing a national association's elections over the law of the land?

The situation is highly irregular given that the Maldives Articles of Association categorically accommodate FIFA's requirements. So where did the FIFA go wrong?

Where FIFA went wrong
I have consistently argued that the FIFA backed Interim Transitional Committee was composed outside the remits of Article 17 of the FIFA Statutes.

This is where the FIFA or more aptly, it's executive, AFC Secretary General Dato' Paul went wrong. He has consistently refused to address this accusation.

The closest the good Dato' got to the issue was to admit more clubs must be accommodated. He is totally tight lipped on his seemingly unilateral decision (in the FIFA's name) to get a group of people of his choice on the interim committee.

FIFA Statutes requires even an interim committee to be composed of member clubs, not individuals of the Dato's choice.

Legitimacy
The ongoing domestic court case questions the legitimacy of the 20 July FAM elections.

The present FAM administration quote FIFA's endorsement as a curtain of credibility.

Their is however no guarantee that the illegitimacy of the Dato's interim committee and their complicity in bypassing the legal process can be swept under the carpet.

The question of "why?" will eventually be answered. In the meantime, the case continues.

FAM Defence
The FAM presented their defence Thursday 28 August at the second hearing.

The FAM submitted a letter from the Home Ministry stating that the FAM Statutes have now been approved. The letter was signed by the Registrar. He quotes the "Home Ministry". The law however mandates the Registrar to respond, not the "ministry".

In the meantime, Male' FC is said to have submitted a letter from the same Registrar Ishaq Ahmed who confirmed to the club that the FAM Statutes were not approved at the time of elections. This was immediately following last month's elections.

The issue in court is the contravention of Clause 19 of the Regulations and Clause 18 of the 2003 Articles of Association. The FIFA backed election process by-passed the law.

Ishaq is an appointee of the President.

Damage control
It is ludicrous how both ministries, Home Affairs and the the Sports Ministry get into damage control mode with backdated documentation every time they are cornered. Remember the 2006 episode!

With respect to the Courts, this will be a test of the independence of the judiciary, post-ratification. We are going through the transitional phase with a "pseudo-independent" judiciary of sorts.

Should the Male' FC win, the case is likely to open a hornet's nest.

Behind the facade of autonomy
Observers are already raising interesting questions with reference to the FIFA backed FAM Statutes.

For example Article 10, Admission restricts membership to a tight circle of twenty seven clubs, dominated by a select Male' League. An exclusive cartel of clubs such as the M-27 is not what the Articles of Association of 2003 and the recently ratified National Constitution grants us.

There are over 60 legitimate football clubs unaccounted for. These clubs are scattered among two thirds of the island nations population. They reside among the 200 island communities which make up this unusual island nation.

It is therefore doubtful if in fact the FAM Statutes allow the two "non-member" island based "Zone Champions" Thinadhoo and Khalaidhoo to participate in the 2008 Premier Dhivehi League.

Article 75 Dissolution welcomes the Government Sports Council to underwrite the FAM in case of dissolution. This opens up a whole new discussion on the IOC and FIFA rhetoric of the independence and integrity of sport.

Role of Global NGOs
One wonders how effectively such global NGOs are able to enforce their self declared obligations of curbing external (governmental or otherwise) interference, human rights, non-discrimination, respect for rule of law and Fair Play?

There are times we suspect such practices are in fact encouraged and "institutionalised" by "Officials" as in the case of the Maldives.

We now have a rather suspect cartel of clubs running our affairs with the government sports council underwriting the project.

The project is endorsed by the FIFA's Dato Paul and bankrolled by "hidden officials" of a fledgling government. The FAM executives ranging from the National Team Manager to its new President are seen openly using the FAM as a campaign platform for Gayyoom's re-election for a 7th term!

Maldives, as a nation state must be aware that the international community of sports will not intervene in the internal affairs of a sovereign state.

We must therefore be mindful of individuals with private agendas interfering at all levels of the legal process.

In the case of the FAM it appears this has happened!

What lies ahead?
The situation do not look healthy. The Government is still unable to comprehend that this is a totally new ball game! The law applies, domestically as well as internationally.

We have seen how the Court of Arbitration for Sport recently ruled on the cases Olympic athletes. Sepp Blatter tried to hoodwink National Associations into releasing them for the Beijing Olympics.

It is time we woke up!

We must guard ourselves from manipulations of the law. Sports officials in the civil service must be conversant with the complexity of their professional and legal responsibilities. The FAM executive committee cannot continue to be this irresponsible.

The FIFA will not be pleased at all.

The July elections were crafted, supervised and endorsed by the FIFA through it's trusted officials. One wonders how long the present government and related FA administration could use the FIFA as a weapon to shield themselves from the law?

It is most interesting to note that the AFC Vice President Mr. Manilal Fernando arrived Thursday 28 August on the date of the second hearing of the court case against the FAM. Uncanny coincidence indeed!

Furthermore, eyebrows were raised when suddenly it is no longer the good Dato' who visits to discuss FIFA assistance. Today it is Vice President Mr. Manilal Fernando of Sri Lanka!

What if the FIFA is forced to suspend the FAM? I am afraid the FIFA may need to have a second round of negotiations to clean up the mess the Dato' left behind.

Players and members will not be too pleased either. They will want to know what really happened.