Author: Mariyath Mohamed

JP MP Alhan Fahmy to initiate no-confidence vote against President and Vice President

Jumhoree Party (JP) MP Alhan Fahmy has said today that he is in discussions with MPs from other parties to submit a motion to take a no confidence vote against both President Mohamed Waheed Hassan and Vice President Mohamed Waheed Deen.

Fahmy was initially elected to parliament as an MP representing the Dhivehi Rayyithunge Party (DRP). He then transferred to the Maldivain Democratic Party (MDP), before signing with JP earlier this year. He was elected as Vice President of MDP during his time in the party.

Fahmy told local media today that he was initiating this vote for two specific reasons:  the first being Waheed’s negative remarks about the Majlis in his last trip to Sri Lanka, and secondly, that in Fahmy’s view neither Waheed nor Deen were fulfilling their constitutional responsibilities.

“[Waheed] has said that MPs just stay home without doing any work. That we take our salary and yet are always on leave. Waheed cannot make a statement like that,” Fahmy told Haveeru.

“That is encroachment on the privileges of MPs. This is a very worrying matter. What is going to happen if while staying as the highest authority in the state, he treats the parliament like sh*t?” Fahmy was quoted as saying.

He furthermore stated that both Waheed and Waheed Deen had failed to perform up to the responsibilities of the post detailed in article 100(a) of the Constitution of the Maldives.

Article 100(a) states the Majlis can remove a President or Vice President on grounds of violating a tenet of Islam or the constitution, conduct unsuited to the office, or an inability to carry out the office’s duties.

Removal of both President and Vice President simultaneously would trigger constitutional clauses requiring the Speaker of the Majlis Abdulla Shahid to assume office and to organise elections within 60 days.

According to Fahmy, his initiative was getting support from the opposition MDP, and he specifically noted the work of the party’s Chairperson ‘Reeko’ Moosa Manik.

Fahmy said he is now in the process of drafting the motion, expressing confidence that he would be able to obtain signatures from 25 MPs to submit the motion as per the regulations.

According to article 100 (e) of the constitution, a no confidence vote can be passed with votes from two-thirds of the total numbers of MPs in parliament, which amounts to 52 votes.

The constitution also requires 14 days notice to be given before the matter is voted upon, as well as providing both the President and Vice President with the opportunity to defend themselves against their respective charges.

Meanwhile, President of Jumhoree Party Ibrahim Didi, who formerly served in the same position at MDP, expressed concern over Fahmy’s statement.

Didi told local media that being part of the coalition, JP would offer full support to the coalition government. He said Fahmy had made the statement of his own accord, and that the party had no knowledge of the matter.

However, Didi has said that the party has not yet decided if it would take action against Fahmy for speaking against the party’s stance.

During Wednesday’s parliament session, Fahmy also called for the resignation of the Commissioner of Police Abdulla Riyaz and Minister of Home Affairs Dr Mohamed Jameel.

MDP Chairperson ‘Reeko’ Moosa Manik confirmed to Minivan News today that he supported Fahmy’s initiative to take the no-confidence vote.

“Since Alhan has taken the initiative, I will support him. I will do what needs to be done to bring the MDP Parliamentary Group on board,” Manik said.

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Case against Nasheed for defamation of Police Commissioner postponed indefinitely

Former President Mohamed Nasheed’s legal team on Sunday stated they had not been officially informed by the civil court of the rescheduling of the defamation case filed by Commissioner of Police Abdulla Riyaz against Nasheed.

A member of Nasheed’s legal team, Hisaan Hussain, said they had seen local news reports that the hearing had been postponed on Riyaz’s request, but had not been officially informed. Hussain said they had no information as to when the hearing had been rescheduled to.

“The procedure is that the person who filed the case has to request for postponement at least one hour before the hearing. We don’t know when Riyaz sent in the request, we saw it in the news around 11:15pm,” Hassan said.

In addition to this, the legal team noted that they had so far not received details of the case and were not aware which action or words of Nasheed had prompted Riyaz to file the defamation case against him.

“We haven’t had any official word as to why the case has been filed. Again, through local media we have heard it was because Nasheed had called Riyaz a ‘baaghee’ (traitor). What we have heard through official means is only that it is a case for defamation, and that Riyaz wants compensation for a loss that this alleged defamation has caused him,” Hassan said.

Another member of the legal team, former Minister of Youth and Sports Hassan Latheef, pointed out that while Riyaz had filed the defamation case in the civil court, the police were continuously arresting people for calling them ‘baaghee’ (traitor) on the streets, and that the criminal court was continuing to provide extensions of detention periods for people arrested under the charges.

“The articles in the penal code against defamation has been removed. Defamation is now considered a civil offence, and yet police continue to arrest people for expressing their opinions on the police force under what can only be perceived as charges of defamation,” Latheef said.

A second  case regarding similar defamation allegations against Defence Minister Mohamed Nazim is also pending.

Hassan added that they believed the police were arresting people under the directives coming from the Commissioner of Police. Emphasizing the contradiction, Hassan further said, “We believe this is something Riyaz needs to answer to the people for. This is because people are continuing to be arrested, jailed and charged for the matter. The Police Commissioner needs to make up his mind whether he perceives defamation as a civil or criminal offence.”

In response to a question posed by Minivan News, Latheef said that Nasheed would respect the decisions reached by the National Executive Council (NEC) of the Maldivian Democratic Party (MDP), referring to the NEC’s decision to not abide by court orders until the changes proposed by international community are brought to the Maldivian judicial system.

“Since President Nasheed is MDP’s presidential candidate, he accepts that a decision by the NEC is one that he, too, would wish to abide by in principle. The NEC, after much consideration, came to that decision. Hence President Nasheed believes that he will act in accordance with it,” Latheef said.

The legal team stated that Nasheed would decide whether or not to attend the hearing once he is officially notified of the rescheduling by the civil court.

MDP International Spokesperson Hamid Abdul Ghafoor told Minivan News today that the MDP would go ahead with the scheduled trip to the atolls, although the Hulhumale’ Magistrate Court has placed Nasheed under island arrest with regard to a case against him for the arrest of Criminal Court Chief Judge Abdulla Mohamed.

“We will be leaving tomorrow for the southern campaign. We will not budge,” he said.

Minivan News tried contacting Commissioner of Police Abdulla Riyaz, but he was not responding to calls.

Maldives Police Services Media Official Sub Inspector Hassan Haneef was also not responding to calls.

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MDP decides to stop following court orders until judicial system is reformed

The Maldivian Democratic Party (MDP) has released a statement saying it will no longer follow any orders given by the courts of the Maldives until the changes proposed by international entities are brought to the Maldivian judicial system.

The party said the decision was reached as to date, they had observed no efforts to improve the judicial system based on the recommendations put forward in reports released by numerous international organizations.

Former Minister of Foreign Affairs Ahmed Naseem proposed a motion regarding the matter at the party’s 128th National Executive Council (NEC) meeting Thursday, which was seconded by Former Minister of Environment and Housing Mohamed Aslam.

The motion stated that the party believed the increasing number of arrests and allegations of serious crimes like terrorism against a large number of citizens, parliament members, city councillors, and other elected political leaders were politically motivated. It further stated that this was unjust manipulation of the judiciary by the government to weaken political competition, and an attempt to prevent Nasheed from contesting in the upcoming presidential elections.

The MDP also states that with reference to the reservations put forward by former President Mohamed Nasheed’s legal team on Wednesday, it does not believe any of the existing courts would be able to give Nasheed a fair and just trial.

MDP furthermore intends to go ahead with the trips to the atolls planned to commence on October 1, after the motion was passed unanimously at the NEC meeting.

The Hulhumale’ Magistrate Court has placed Nasheed under island arrest effective from Tuesday, with regard to a case concerning the arrest of Criminal Court Chief Judge Abdulla Mohamed last year.

In reaction to this, MDP has also announced its intention to conduct a nationwide protest on Friday.

A number of international actors, including the UN Human Rights Committee, Amnesty International, European Union and the United States have previously emphasised the importance of judicial reform in the Maldives.

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Nasheed case proceedings against laws and norms: Nasheed’s legal team

Former President Mohamed Nasheed’s legal team has expressed concern that Nasheed is not being given the opportunity to have a fair trial.

At a press briefing held on Wednesday they detailed concerns about the procedural and legal matters around the case against Nasheed, stating much of the proceedings were against both the constitution and the laws of the Maldives.

Nasheed has been currently placed under island arrest, with regard to a case concerning his arrest of Criminal Court Chief Judge Abdulla Mohamed last year.

Hulhumale’ court’s legality in question

Member of Nasheed’s legal team Hisaan Hussain voiced concerns that the Hulhumale’ Magistrate Court, tasked with presiding over the case, was formed unconstitutionally. Quoting Article 141 (a) of the Constitution and Articles 53 (b) and 62 of the Maldives Judicature Act, Hisaan stated that it was clear the Hulhumale’ Magistrate Court was established out of the boundaries of law.

Hassan also noted that there was an existing case in the Supreme Court, where the court had been asked to rule on whether the Hulhumale’ Magistrate Court had been formed in accordance with existing laws. She said that although they did not know who had filed the case, it had been filed prior to the decision to have the court preside over the case against Nasheed. The Supreme Court has not yet made a ruling on the case.

However, an official from the Hulhumale’ Court who did not wish to identify himself said to Minivan News today, “We are not officially aware that such a case regarding this court exists.”

He further said that the Department of Judicial Administration was mandated to provide details on similar issues to the media.

However, Department of Judicial Administration’s Spokesperson Latheefa Gasim said that they did not wish to comment on the issue at this point in time.

Panel of Three

Former Minister of Youth and Sports and member of Nasheed’s legal team, Hassan Latheef stated that the panel of three magistrates which are to preside over the case was selected in violation of Article 67 of the Judicature Act, which specifically outlines how magistrates can be assigned to courts. He said that none of the three magistrates assigned by JSC were appointed to the Hulhumale’ Magistrate Court.

Latheef said that in contrast to international practices, the magistrates for this particular case had been “handpicked from around the country”. According to him, this was in direct violation of the Maldives Judge’s Act.

In addition to this, Hassan revealed that one of the three magistrates assigned by the Judicial Services Commission (JSC) was currently being investigated by the commission on two different offenses, a charge of corruption and of sexual offence.

Latheef further said since the strongest penalty against Nasheed in this case was a 3 year jail sentence, the case could not be considered an offence serious enough to warrant three magistrates to preside over it. He confirmed that this was the first time a case regarding an offence against Article 81 of the Penal Code was being overseen by a panel, rather than a single judge.

The legal team noted that they believed Nasheed was being discriminated against due to his political views. They pointed out that this was in violation of Article 17 of the constitution.

JSC Media Officer Hassan Zaheen spoke to Minivan News today regarding the concerns raised by MDP.

“It is not MDP that gets to decide whether or not a panel needs to be formed. In Islamic Shariah there is nothing to stop us from doing something just because it hasn’t been done before,” he said.

Zaheen further stated that it was constitutional to bring in magistrates from any part of the country to sit on the case and that this was clearly defined in law.

“JSC can bring in judges from anywhere, as long as they are of the same level. It is clearly defined in the Judges Act, or the Judicature Act, or some relevant law. These are all magistrates,” he said.

Zaheen denied that Nasheed was being discriminated against.

“Has another president of Maldives had a criminal case against him? No. Now, if a similar case has not occurred before, there is no room to claim there is discrimination. What are they comparing with?”

Violation of fundamental rights

Nasheed’s legal team expressed concern that the case was being handled outside of all norms.

They pointed out that the Prosecutor General, Human Rights Commission of the Maldives (HRCM) and the Ministry of Gender, Family and Human Rights had so far stayed silent on the matter, although it was within their mandate to protect the rights of the people.

Media Official of the Prosecutor General’s Office Hussain Nashid declined from commenting to the media.

“I will not comment about a case which is in the courts currently. The PG office will make whatever necessary statements during court sessions only.”

HRCM and the Human Rights Ministry were unable to comment on the matter at the time of press.

In January, a group of lawyers had forwarded this same case, concerning the arrest and detention of Criminal Court Chief Judge Abdulla Mohamed to the International Criminal Court.

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No party members on Judgement Day: Vice President

Vice President Mohamed Waheed Deen has stated that political parties should refrain from breaking up unity among the people. He stated that all Maldivians belong to “one family” and should have a sense of kinship.

Speaking at the inauguration of the 5th Meeting of SAARC Ministers of Interior and Home, Waheed Deen said that Maldivians used to treat each other with respect and empathy, but that these traits were no longer present.

“We cannot even distinguish who among us are friends anymore. However, Judgement Day is a day in which we can no longer stay with members of our parties,” Waheed Deen said.

Waheed Deen stated that regardless of differences that could be seen at present, all humans come from the same roots. He noted that for this reason everyone needs to treat each other with mutual respect. Waheed Deen stated that politics and political ideologies were no reason to cause animosity between people.

Speaking about the objectives of the SAARC Home Ministers’ meeting, Waheed Deen stated that the main issues to be covered were the global concerns around internal and external security and safety.

The vice president expressed hope that discussions would be held, and solutions would be put forward for issues of high concern to the Maldives; including piracy, drug trafficking, human trafficking and terrorism.

Waheed Deen repeatedly stressed on the importance of mutual respect and unity, stating it would lead to faster national development.

SAARC Secretary General Ahmed Saleem and Minister of Home Affairs Mohamed Jameel Ahmed also spoke at the meeting today. The issues of numerous security risks in the region were highlighted in both speeches, along with the intention to discuss the matter further during today’s meeting.

The 5th Meeting of SAARC Ministers of Interior and Home is being held at Bandos Island Resort and Spa, owned by Vice President Waheed Deen.

Earlier this week, the Fifth Meeting of the SAARC Immigration Authorities was also conducted. Immigration Controller Mohamed Ali expressed concern over illegal immigration to Europe and money laundering through Maldives.

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Maldives a mid-point for illegal immigration to Europe, money laundering: Immigration Controller

Controller of Immigration Mohamed Ali  on Monday expressed concern that the Maldives was being used as a mid-point for money laundering and illegal immigration to Europe.

Speaking at the Fifth Meeting of the SAARC Immigration Authorities, Ali said that while it was a rising concern that illegal immigrants were making their way to Europe via the Maldives, there was also the matter of African nationals attempting to enter the Maldives itself illegally.

Ali pointed out that people from African countries like Nigeria were entering the Maldives, which he said would lead to problems.

“Now for example, if people like those from Nigeria start entering the Maldives, you all know what sort of problems this can give rise to. That is because Nigerians don’t have much of a reputation when it comes to certain things,” the Controller said.

Stating there was a chance that Maldivians were involved in assisting the illegal immigration, Ali said this should therefore be a matter of huge concern for the country.

“We haven’t received any information about Al-Qaeda. Nevertheless, we have been getting other sorts of information,” Ali said.

“There is all sorts of organised crime coming in now from all sides. It isn’t just terrorism,” he said.

Ali went on to say that people on the Interpol watch-list had been intercepted attempting to enter the Maldives a number of times. A few of these persons have been found after entering the country.

He highlighted the importance of working more closely with Interpol and of strengthening the border control system in order to prevent such crimes from continuing.

Speaking to Minivan News today, Mohamed Ali further said that he hoped the Maldives Monetary Authority (MMA) would now consider the implications of money laundering happening in the country.

“What I meant to say is that there are risks of all these activities happening in the Maldives. Our intention is for MMA to plan and start taking action about the issue of money laundering,” Ali said.

The current border control system is operated by Nexbis, and is at present a contentious matter. The Anti-Corruption Commission has recently approached parliament’s Finance Committee about the issue.

The Maldives has meanwhile been on the US State Department’s tier 2 watch list for human trafficking for three years’ running.

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Police investigating MDP MP Sameer for “creating public mistrust” towards the Supreme Court

The Maldives Police Service are investigating MDP MP Ahmed Sameer over allegations of creating public mistrust towards the Supreme Court.

Sameer is Vice Chair of parliament’s Independent Commissions Oversight Committee, responsible for oversight of the judicial watchdog, among others.

The case was filed by the Department of Judicial Administration on September 12, with reference to an interview Sameer had given to local newspaper Haveeru.

The interview, published on 6 September, focused on the Supreme Court ruling against Anti-Corruption Commission (ACC) regarding the border control system, and the ensuing statement by ACC.

In the interview, Sameer is quoted as saying, “I am concerned that the Supreme Court has not considered the ACC’s mandate, it’s future and it’s objective. The Supreme Court will need to take responsibility for the all barriers to stopping corruption caused by this ruling.

“The commission has now been made a toothless lion. That isn’t right. The ACC must have the authority to obtain court orders. It won’t be easy to do this through the PG everytime,” he continued.

Sameer had further described the court ruling as having a personal prejudice behind it. He said, “I see it as a personal decision. This is because at a time when ACC is investigating corruption allegations against the Supreme Court itself, the court has made a ruling which takes away the ACC’s powers.”

Haveeru Deputy Editor, Hussain Fiyaz Moosa, was summoned to police offices on Monday. He was asked for confirmation as to whether the quotes attributed to Sameer in the article were actually said by him.

Police Media Official Sub-Inspector Hassan Haneef has said that the investigation is ongoing. He confirmed that Sameer had not yet been summoned for questioning.

Department of Judicial Administration has earlier filed a case against MDP Chairperson and MP ‘Reeko’ Moosa Manik, who is now to appear in court for having ‘opened his own court’ last year.

MP Ahmed Sameer’s phone was switched off at the time of press. Local media has reported that he is out of the country.

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Waheed’s lack of solid policies led to increase in state expenditure: MP Jabir

Amid rising concerns about state expenditure, debt and the economic stability of the country, some political actors who are part of the unity government coalition have started expressing concern about the government’s actions publicly.

The government-aligned Dhivehi Rayithunge Party (DRP) earlier this month expressed concern over Waheed’s handling of the coalition’s dispute with the GMR contract to develop the airport, while one of the party’s MPs called for his resignation should he be unable to settle the matter.

More recently, Jumhoree Party Deputy Leader and MP Abdulla Jabir on Sunday criticised President Waheed’s commitment to bring down state expenditure.

“Spending money he does not have”

MP Jabir said Sunday that President Waheed was acting with no consideration for the extremely high levels of state expenditure.

Jabir claimed that while the norm elsewhere in similar circumstances was that the president would work to cut down on spending, Waheed was continuing to appoint people to new political posts and campaign with “money he does not have”.

“He picks people off the streets and gives them posts,” Jabir said. “Why hold on to such a pointless formula?”

Jabir asked Minister of Finance and Treasury Abdulla Jihad if Waheed had discussed his pledges with him prior to making them public, speaking at the Public Accounts Committee meeting on Sunday. Jihad responded that he had no documents detailing Waheed’s presidential pledges and only become aware of them as they were reported in local media.

Jihad also stated that Waheed mostly consulted the leaders of the coalition parties when appointing people to head the state companies, although he said he had been consulted about a few appointments.

The Finance Minister on Monday revealed that the country’s budget deficit for 2012 was set to reach MVR 6 billion, (US$390 million), MVR 3 billion (US$195 million) over estimates.

In addition to Jabir, DRP MP Abdulla Maseeh Mohamed also expressed his disapprovement of government actions.

“The government does not seem to be serious in its efforts to bring down expenditure,” Maseeh said. “Some ministers just make bold statements without even considering the budget. These statements lead to fancy headlines. This needs to be stopped.”

Interference in parliamentary duties

Meanwhile President’s Office Spokesperson Abbas Adil Riza, himself a member of Jumhoree Party, denied the allegations. He is reported in local media as saying Jabir was disappointed regarding ongoing issues with the government concerning the lease of his personal restaurant business, West Park. Riza claimed this is the reason why Jabir was critical of the government.

“We are seeing members of the government coalition criticising the government because some personal interests cannot be gained. This itself shows that the government will not be involved in any unconstitutional actions,” Riza has been quoted as saying.

“Jabir has expressed disappointment over the West Park issue many times, but this government will not make any decisions which are not aligned with the values of equality and justice,” he said.

In response to the government’s statement, Jabir spoke to Minivan News today.

“Of course I am disappointed over the West Park issue. It is part of my personal business. But I am questioning the state and its ministers in my capacity as a member of parliament, in the best interests of the country. My personal disappointment does not cloud my seeing Waheed constantly making trips to islands and making pledges. Even the Finance Minister has said he has seen these on media,” he said.

“I am saddened that such an incompetent man is using the resources of the President’s Office to make such unfounded claims,” Jabir said. “I am not sure that man was in his right senses when he said that.”

Jabir stated that according to the regulations of the parliament, no one could raise questions or take action against statements made by a member through the work of the legislative as long as it conformed to constitutional and islamic principles.

“The three powers of the state are separated. The president’s spokesperson seems unaware of even this. By making such a statement, he is interfering with another branch of the state, and is breaching democratic norms,” he further said.

Jabir said that it was his duty as a member of parliament to make the government and the president accountable. He pledged to continue with the work and condemned what he said was the government’s attempts to inhibit it.

However, Jumhooree Party’s Chief Spokesperson Moosa Rameez told Minivan News today that the party did not share Jabir’s opinion of the government.

“This party is part of Waheed’s government. We have not noticed any instance where Waheed has spent money he does not have for campaigning,” Rameez said.

“We are very concerned about Jabir having made such a statement. He did not discuss this in the party’s council. Our concern is that this might create problems within the unity government.”

President’s Office Spokesperson Abbas Adil Riza was not responding to calls at the time of press.

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Parliament Watch aims to increase citizen involvement in the legislative process: MDN

Maldivian Democracy Network (MDN) has beta-launched its ‘Majlis Watch’ website, although the site remained password protected at time of press.

MDN Executive Director Fathimath Ibrahim Didi told Minivan News today that the project and its website are meant to provide a platform allowing citizens to more conveniently get involved in the legislative process. The website will also provide updates about the events at parliament on a more timely manner than the annual reports currently being released by the NGO.

“Through the website, you can access draft bills which the parliament is working on. This will give citizens a chance to submit comments and concerns. In future, we will highlight bills we are working on each week, so as to increase efficiency,” Didi said.

MDN has also released its Parliament Watch report, an analysis of the work of the parliament for the year from March 2011.

Representation and attendance

The political parties holding seats in the parliament in this period were Maldives Democratic Party (MDP), Dhivehi Rayyithunge Party (DRP), Jumhooree Party (JP), People’s Alliance (PA), Qaumee Party (QP) and Adhaalath Party (AP). DRP had split up into two factions, one of which was later registered as the Progressive Party of Maldives (PPM). However, although the party held a number of seats, PPM was not officially recognised in the parliament.

According the report, by 31 December 2011, MDP had 34 representatives in the parliament, while DRP and PPM each had 15 members, JP and PA had 2 members, QP and AP had 1 member each, and there were 7 independent members.

In 2011, the 17th People’s Majlis held a total of 91 meetings. While the report states that 67 members showed at least 81 percent attendance, it further points out that only four members of parliament attended all meetings. They were MDP MPs Imthiyaz Fahmy, Mohamed Rasheed, Ibrahim Rasheed and Abdul Ghafoor Moosa.

Independent MP Ismail Abdul Hameed attended 55 out of the 91 meetings. He had a corruption case against him in the courts, and his right to attend the meetings were a contentious issue during that year’s parliamentary meetings.

The least number of meetings were attended by DRP MP Mohamed Ramiz, who attended 47 out of the 91 meetings, and Independent MP Ahmed Shiyam who was present at only 45 meetings.

The report further speaks of the number of times parliamentary meetings were disrupted for various reasons. It states that there are 193 instances where meetings were stopped due to lack of quorum and 26 instances where meetings were adjourned until the members named by the speaker were escorted out of the parliament hall. A total of 13 members had been asked to leave the parliament meeting hall, the most common being PPM MP Ahmed Mahloof.

Parliament remains suspended by Speaker Abdulla Shahid due to his concerns over political turmoil several months ago, however committees are meeting.

Legislative work

A total of 17 bills were passed in 2011, half the amount of bills passed in 2010.

Similar to the previous two years, the maximum number of bills that were passed in 2011 were in the area of Constitutional and Administration. The two other areas that were given priority are Religious and Social bills and Economic and Financial bills.

What needs to change?

MDN calls on members to not discriminate between members of their own party and those of the opposition when working with the constituents they represent.

It further notes that many MPs have expressed concerns that they are expected to spend on constituents from their own salaries. MDN states that this practice would prove detrimental to democratic norms. The NGO calls upon MPs to refrain from giving out hand-outs, and to instead work on strengthening the necessary social security frameworks.

MDN also calls on the parliament to increase accessibility to meetings, bills, motions, etc to the general public. It also notes the importance of members considering national interest ahead of political gains.

The electorate itself is asked to ensure that they cast an informed vote when electing members to represent them in parliament.

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