Tag: Attorney General Mohamed Anil

Attorney General unveils 207-bill legislative agenda

Attorney General (AG) Mohamed Anil unveiled a 207-bill legislative agenda last night for the current administration’s five-year presidential term.

Speaking at a ceremony held in Nasandhuraa Palace Hotel to launch the AG Offices’ strategic plan along with the legislative agenda, Anil said the the agenda was comprised of 98 new bills and 109 amendments to existing laws.

Anil observed, however, that bills should originate from parliament instead of the executive in “a perfect presidential system” and criticised the People’s Majlis for its lack of initiative.

“[Submitting bills] should be done by the Majlis as well. But we don’t see that spirit in the Maldives,” he said.

Of the 207 bills, Anil said the government hoped to submit 65 pieces of legislation to the legislature this year once the 18th parliament was sworn in after the elections on March 22.

“One of the highest priorities of the legislative agenda will be formulating bills for implementing the [policies] in the government’s manifesto,” he said.

The new legislation includes bills on establishing special economic zones, conducting public referendums, regulating the legal profession and health services, as well as new laws governing children’s rights, medical negligence, free expression, and implementation of the death penalty.

Anil said that the AG office was working with independent bodies to expedite and strengthen the functioning of new institutions created by the constitution.

The AG office has received assurances from the judiciary of its cooperation in drafting laws to strengthen the justice system, he added.

As a result of parliament’s failure to complete the legislative framework needed to enact the 2008 constitution, Anil said there were “many laws and provisions in our books that are contrary to the constitution.”

The new administration has commenced efforts to identify and abolish outdated and unconstitutional laws, Anil said, adding that the legislative agenda and strategic plan were formulated for that purpose.

Anil also criticised the administration of former President Mohamed Nasheed – which took office three months after the ratification of the new constitution – for failing to pass legislation needed to strengthen and reform the judiciary.

He suggested that the Maldivian Democratic Party government did not prioritise legal reforms due to the political situation at the time. As a result, he added, the shortcomings of the justice system worsened over the years.

The AG’s office will review the problems in the judiciary and enact reforms during the next five years, he said.

Budget constraints and legislative framework

The AG also expressed concern with the MVR17 million (US$1.1 million) annual budget allocated for his office, which he said posed difficulties for executing its responsibilities.

While the office needed 43 lawyers, he noted that there were only 18 presently working at the office.

The AG’s Office should have a budget of similar size to that of the Prosecutor General, Anil insisted – which was MVR26 million (US$1.7 million).

The team working at the AG office was “inexperienced and young” but hardworking and determined, he added.

In August last year, parliament revealed that 43 bills were required to give effect to the constitution, of which 24 were submitted and 18 were passed by the 17th People’s Majlis.

Legislation currently under review at the committee stage includes the education bill, the penal code, the criminal justice procedures bill, and the evidence bill.

Among the 19 bills that have yet to be submitted included legislation governing public referendums, freedom of expression, press freedom, parliamentary ombudsman, state secrets, defamation, women’s rights, public services, trade unions, legal counsel, civil justice procedures, and national security.

The executive was also required to submit amendments to existing laws governing the Human Rights Commission, the Civil Service Commission, the auditor general, children’s rights, and family matters.

Meanwhile, prior to the ratification of the new constitution on August 7, 2008, parliament passed a General Regulations Act as parent legislation for over 80 regulations without a statutory basis, or which did not derive their authority from an act of parliament.

The parent act prolonged the lifespan of these regulations – deemed necessary for administrative functions and service provision – for a one year period until new legislation, such as a Criminal Procedures Act, Evidence Act, Freedom of Information Act and Political Parties Act, could be enacted.

Since the first deadline for passing the new laws elapsed in 2009, parliament has been extending the general regulations law for one-year periods. The last extension was approved in April 2013.

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Attorney General refuses to attend parliament committee regarding revenue bills

Attorney General Mohamed Anil has refused to attend the parliamentary committee tasked with reviewing revenue bills after being summoned to a meeting scheduled for Tuesday.

The rejection letter sent to the parliament secretariat argued that the bill of amendments to the Tourism Act and T-GST [Tourism Goods and Services Tax] bills include policies compiled by the Economic and Youth Council of the cabinet.

Anil stated that the only role played by the Attorney General’s Office had been to draft the bills as directed by the council.

“As this office has no comments to make on the content of these bills at this moment, I respectfully inform you that I excuse my office from sending staff to attend the meeting we have been invited to,” a parliament official quoted the letter as saying.

Opposition Maldivian Democratic Party (MDP) MP Ahmed Hamza has suggested that the absence of the Attorney General (AG) suggests disapproval of government policies.

Upon forming a government late last year, President Abdulla Yameen divided his cabinet into two sub-divisions – a social council and an economic council.

Government aligned parties have initiated special sessions of the parliament in order to extend the duration in which bed taxes can be charged, and also to increase T-GST. The government has also proposed to take full payments as lease from resorts that have extended their contracts.

President’s Office Spokesperson Ibrahim Muaz Ali stated that, while the attorney general’s reasons for refusal are “absolutely clear”, the cabinet has thus far not decided whether it will hold discussions on the relevant policies with the parliament committee.

Ruling Progressive Party of Maldives (PPM) MP Ali Arif – who sits in the committee tasked with reviewing the revenue bills – stated that he would be able to further comment on the matter after deliberations with the attorney general.

“What the AG has actually said is that he has already provided his views on the matter to the cabinet’s Economic Council, and therefore he declines from attending the committee to present the same views,” Arif stated.

Opposing view

An opposition MDP member in the same committee has interpreted the AG’s refusal to attend the committee meeting in a different light.

“Reading between the lines, MDP feels that the AG refused to attend as he does not agree with some of the things proposed by the government,” MDP MP Ahmed Hamza told Minivan News today.

“One of the things we feel he disagrees on is the government’s proposal to change the payment terms for resorts, to cancel the extentions granted to payments in breach of what the government has previously agreed with resort owners,” he continued.

“The other thing is the bed tax. The law says bed tax charges are to be ceased from December 31, 2013. The government is now proposing to continue taking it from January 1, 2014, but there is no law to support this. We feel the AG does not support taking this in retrospect after a law is formed now,” Hamza stated.

The AG, Mohamed Anil, was not responding to calls at the time of press.

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Death penalty implementation “not advisable” without cabinet, parliament approval: AG

Implementation of the death penalty “is not advisable” without cabinet and parliamentary approval, Attorney General Mohamed Anil has told local media.

Last week, Minister of Home Affairs Umar Naseer ordered the Maldives Correctional Services to prepare for the implementation of the death penalty through lethal injection, despite the lack of laws administering capital punishment.

Naseer said he had sought advice from Anil before signing the order, but Anil refused to comment on the matter.

Instead, he said Naseer’s order had not been discussed in the cabinet. Anil has called for an advisory mechanism within the cabinet stating that the president of a Muslim country bears a personal responsibility in the implementation of death sentences.

“It is crucial that there is an established mechanism through which the cabinet of ministers has a role, and the president gets the opportunity to make an informed decision about the matter. However, the order recently released by the Home Minister was not conducted through such a process,” Anil said.

The best method to implement death penalty is through legislation passed by the parliament, he added.

Although the current legislative framework does not mandate legislation for the implementation of death penalty, Anil said broad and in-depth discussions needed to take place before the change in policy.

Since 1954, Maldives has had a moratorium on the death penalty, with the president commuting death sentences to life imprisonment.

“When we are bringing about such a huge change in policy, there are discussions that we must undertake within the cabinet, as well as with the Parliament. I do not believe it is the best thing to do to implement such a sentence at this moment without first going through these motions,” he said.

Former Attorney General Azima Shakoor had drafted a bill on the administration of the death penalty, but the government does not have a time frame to submit the bill to parliament, Anil said.

Once the parliament passes the bill, the death penalty can be implemented in retrospect, he added.

High crime rates in recent years has lead to widespread public support for the death sentence, Anil claimed.

“The rate of crime is rapidly increasing in the Maldives. This includes crimes of a heavily serious nature. Things are escalating to the point where individuals do not even hesitate when committing crimes,” he said.

“Therefore, I believe that the best medium through which we can get the general public’s view on the matter is through the parliament. It is imperative that the parliament holds a debate and comes to a decision on the matter.”

Anil also highlighted the importance of a responsible justice system, pointing out that implementation of such a sentence is in nature an irreversible act.

Minister of Home Affairs Umar Naseer said he wished to refrain from commenting on the matter at this stage.

Naseer’s order followed the passing of the death sentence on Hussain Humam Ahmed on charges of murdering the moderate religious scholar and MP Dr Afrasheem Ali in October 2012.

President Abdulla Yameen told local media on Friday that Naseer had released the order under his mandate, but without prior discussion with the cabinet. The cabinet would hold in depth discussions about the matter before coming to a final discussion, he added.

Meanwhile, Amnesty International has called on the Maldives to halt any plans to end the current moratorium on the death penalty, calling such moves “a retrogade step and a serious setback for human rights in the country”.

In May 2013, the UN country team also called for the abolition of death penalty in the Maldives, stating “in view of the country’s more than 50 year moratorium, the UN calls upon the Maldives to take the opportunity to reaffirm its commitment to its international human rights obligations, and abolish the death penalty”.

The last execution in the Maldives was the death of  Hakim Didi in 1954 who was sentenced to death for practicing black magic.

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