Tag: Decentralisation Act

Government proposes changes to local government model

The government has submitted amendments to the Decentralisation Act to make councillors part-time with the exception of the president and vice president of island, atoll, and city councils.

If the proposed changes are passed into law, councillors other than the president and vice president would not be involved in day-to-day activities after a president and vice president are elected through secret ballot.

While the president and vice president would be paid a monthly salary, other councillors are to be paid an allowance for attending council meetings – a move that would lead to substantial savings from the public sector wage bill.

The responsibilities of other councillors would be to “attend meetings of the council, participate in the council’s decision-making [process], and assist the council in ways determined by the council in achieving its objectives,” read the amendment.

The amendment bill (Dhivehi) was submitted on behalf of the administration of President Abdulla Yameen by outgoing Progressive Party of Maldives MP Abdul Azeez Jamal Abubakur.

The purpose of the bill is to strengthen decentralised administration in line with the unitary nature of the Maldivian state, stated the introduction of the legislation.

In January, the Local Government Authority (LGA) – the institution tasked with monitoring councils and coordinating with the central government – revealed that recommendations had been shared with parliament to make most councillors part-time.

Recurrent expenditure

Defence Minister and LGA Chair Colonel (Retired) Mohamed Nazim told the press that the changes would allow professionals to contest the council elections, as their responsibilities would be offering advice and participating in decision-making.

“The president and vice president will operate the council. Instead, now they have to leave their profession – the teacher, headmaster or boat builder has to give up his job,” he explained.

As a consequence, Nazim contended, the councillors’ time was not put to productive use.

“The benefit of [the changes] is that the councillor has to work a very short amount of time and be free to work productively for the island’s development,” he added.

The presidents of island councils currently receive a monthly salary and allowance of MVR15,000 (US$973) while council members receive MVR11,000 (US$713). The mayor of Malé is paid MVR45,000 (US$2,918) a month.

Under article 25 of the Decentralisation Act, a five-member council is elected in islands with a population of less than 3,000, a seven-member council for islands with a population between 3,000 and 10,000, and a nine-member council for islands with a population of more than 10,000.

City councils comprise of “an elected member from every electoral constituency of the city”, and atoll councils comprises of “elected members from the electoral constituencies within the administrative division.”

In December, the World Bank warned in a report that the Maldivian economy was at risk due to excessive government spending.

The current model of more than 1,000 elected councillors approved in 2010 by the then-opposition majority parliament was branded “economic sabotage” by the Maldivian Democratic Party (MDP) government, which had proposed limiting the number of councillors to “no more than 220.”

The new layer of government introduced with the first local council elections in February 2011 cost the state US$12 million a year with a wage bill of US$220,000 a month.

Finance Minister Abdulla Jihad told parliament’s Budget Review Committee last year that President Yameen favoured revising the local government framework to reduce the number of island and atoll councillors.

In November 2013, the incoming administration proposed merging island and atoll councils, with the latter to be composed of a representative from each island of the atoll.

President’s Office Spokesperson Ibrahim Muaz said at the time that “the president’s thinking is not to cut down on the number of councillors. But to elect councillors based on the population of the islands. This is a move to curb state expenditure.”

However, parliament did not move to amend the Decentralisation Act ahead of the local council elections on January 18, which saw 1,100 councillors elected for a three-year term.

While the proposals were intended to reduce the state’s recurrent expenditure – which accounts for over 70 percent of the budget – Nazim said the LGA does not support changing the council’s term from three to five years.

Contending that the legal responsibility of local councils was implementing the government’s policies, Nazim said voters should have the opportunity to change their elected representatives during an ongoing five-year presidential term.

“Citizens get an opportunity to see what kind of results the council produced and the extent to which they upheld the government’s policies,” he said.

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LGA recommends making councillors part-time

The Local Government Authority (LGA) has recommended making councillors part-time with the exception of council presidents and vice presidents.

Speaking at a press conference yesterday, Defence Minister Colonel (Retired) Mohamed Nazim – who chairs the institution tasked with monitoring councils and coordinating with the government – said the LGA has proposed amending the Decentralisation Act to pay part-time councillors an allowance for attending council meetings.

“For example, a teacher or a headmaster level person or someone with higher educational qualifications, they will have the opportunity to contest [council elections]; or for example if it’s a skilled person, a boat builder, they will only have to come for meetings and they’re done after giving their advice and opinion,” Nazim explained.

“The president and vice president will operate the council. Instead, now they have to leave their profession – the teacher, headmaster or boat builder has to give up his job.”

As a consequence, Nazim contended, the councillors’ time was not put to productive use.

“The benefit of [the changes] is that the councillor has to work a very short amount of time and be free to work productively for the island’s development,” he added.

Wage bill

The president of island councils currently receive a monthly salary and allowance of MVR15,000 (US$973) while council members receive MVR11,000 (US$713). The mayor of Malé is paid MVR45,000 (US$2,918) a month.

The president and vice president of councils are elected from among the members by secret ballot.

A total of MVR717 million (US$46 million) was allocated in the 2011 national budget to pay salaries and allowances for local councils, which accounted for 17 percent of the annual wage bill.

Under article 25 of the Decentralisation Act, a five-member council is elected in islands with a population of less than 3,000, a seven-member council for islands with a population between 3,000 and 10,000, and a nine-member council for islands with a population of more than 10,000.

City councils comprise of “an elected member from every electoral constituency of the city” and atoll councils comprises of “elected members from the electoral constituencies within the administrative division.”

The current model of more than 1,000 elected councillors approved in 2010 by the then-opposition majority parliament was branded “economic sabotage” by the Maldivian Democratic Party (MDP) government, which had proposed limiting the number of councillors to “no more than 220.”

The new layer of government introduced with the first local council elections in February 2011 cost the state US$12 million a year with a wage bill of US$220,000 a month.

Finance Minister Abdulla Jihad told parliament’s Budget Review Committee last year that President Abdulla Yameen favoured revising the local government framework to reduce the number of island and atoll councillors.

In November 2013, the incoming administration proposed merging island and atoll councils, with the latter to be composed of a representative from each island of the atoll.

President’s Office Spokesperson Ibrahim Muaz said at the time that “the president’s thinking is not to cut down on the number of councillors. But to elect councilors based on the population of the islands. This is a move to curb state expenditure.”

However, parliament did not move to amend the Decentralisation Act ahead of the local council elections on January 18, which saw 1,100 councillors elected for  three-year terms.

Three-year terms

Nazim meanwhile told the press yesterday that the LGA’s recommendations have been shared with the government and the legislature.

While the proposals were intended to reduce the state’s recurrent expenditure – which accounts for over 70 percent of the budget – Nazim said the LGA does not support changing the council’s term from three to five years.

Contending that the legal responsibility of local councils was implementing the government’s policies, Nazim said voters should have the opportunity to change their elected representatives during an ongoing five-year presidential term.

“Citizens get an opportunity to see what kind of results the council produced and the extent to which they upheld the government’s policies,” he said.

Nazim said that LGA Deputy Chair Ahmed Faisal’s public remarks concerning combining the local council and parliamentary elections represented his personal opinion.

The defence minister noted that the Elections Commission has yet to announce official results of the local council elections – held eleven days ago – and that conducting the polls simultaneously would create present difficulties for the commission.

In December, the World Bank warned in a report that the Maldivian economy was at risk due to excessive government spending, with an already excessive wage bill ballooned by 55 percent in 2013.

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Women’s development committees elected amid low turnout

Elections took place in 102 islands across the country on Wednesday for women’s development committees to function under island and city councils.

Candidates for six seats in Male’ were elected by default as only one candidate contested for the seats.

Candidates from the formerly ruling Maldivian Democratic Party (MDP) were elected to all eleven seats of the women’s committee in the capital Male’.

Turnout in the capital was however low. Of 2,013 eligible voters from the Hulhu-Henveiru district, only 223 women cast their ballots.

In other constituencies in Male’ turnouts stood at 211 out of 1,814 in mid-Henveiru, 159 out of 1,479 in Galolhu North and 142 out of 1,800 in Manchangoalhi North.

Following the election, MDP Chairperson and MP for Hulhu-Henveiru, ‘Reeko’ Moosa Manik, congratulated the winning candidates and expressed gratitude to the party’s women’s wing, elections committee and secretariat for conducting a successful campaign.

MDP candidates were also elected to women’s committees in Noonu Velidhoo and Gaaf Dhaal Thinadhoo.

Local Government Authority (LGA) Chief Executive Officer Dr Ahmed Shukuree however told local daily Haveeru on November 4 that there were no candidates from 44 islands.

Under article 36 of the landmark Decentralisation Act (Dhivehi), the powers and responsibilities of women’s committees are: (a) Advise island council on matters related to island development and municipal services provided by the council; (b) Own properties and conduct business activities with others in the name of the committee; (c) Sue and be sued in the name of the committee; (d) Conduct various activities for income generation and for the development of women; (e) Work to uphold the rights of women; (f) Work to increase religious awareness amongst women; (g) Work to increase political participation of women; (h) Work to increase the numbers of women enrolled in higher  education; (i) Work to improve the health condition of women; (j) Gather important information related to women; (k) Manage assets and finance of the committee.

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Elections scheduled on Wednesday for women’s committees

Elections are due to take place in 102 islands on Wednesday for women’s committees to work with the existing island councils.

Local Government Authority (LGA) Chief Executive Officer Dr Ahmed Shukuree however told local daily Haveeru yesterday (November 4) that there were no candidates from 44 islands. The LGA plans to fix a date for elections in the 44 islands after sharing information on the importance of the committees, he said.

While elections would be held in 102 islands, constituencies where only one candidate applied, such as in some areas of Male’ and Addu City, would not require an election, Shukuree said.

Aside from nine-member committees for three islands, five member committees would be elected in 159 islands and seven members committees in 26 islands, according to the LGA.

Under article 36 of the landmark Decentralisation Act (Dhivehi), the powers and responsibilities of women’s committees are: (a) Advise island council on matters related to island development and municipal services provided by the council; (b) Own properties and conduct business activities with others in the name of the committee; (c) Sue and be sued in the name of the committee; (d) Conduct various activities for income generation and for the development of women; (e) Work to uphold the rights of women; (f) Work to increase religious awareness amongst women; (g) Work to increase political participation of women; (h) Work to increase the numbers of women enrolled in higher  education; (i) Work to improve the health condition of women; (j) Gather important information related to the women; (k) Manage assets and finance of the committee.

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Decentralisation Act not unconstitutional, Supreme Court rules

The Supreme Court ruled on Thursday that provisions of the Decentralisation Act were not in conflict with the constitution.

In March 2011, former State Minister for Home Affairs Mohamed ‘Monaza’ Naeem filed a case at the apex court arguing that some provisions of the Act contradicted the unitary nature of the Maldivian state as laid out in the constitution, and requested the conflicting articles to be struck down.

Naeem had argued that the Local Government Authority (LGA) created by the Decentralisation Act was not answerable to any government minister while article 140 of the constitution states that, “A member of the cabinet shall be given responsibility for each authority or institute established by the government or the People’s Majlis, except for independent institutions specified in this constitution or established pursuant law. Such member of the cabinet must take responsibility for the operation of such authority or institution and must be accountable for it.”

The Supreme Court bench that heard the case ruled unanimously that the LGA was not unconstitutional as it was not necessary for a minister to be the administrative head of such an authority or office.

The Justices further noted that article 140 did not envision a cabinet minister to be responsible for elected councils.

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Kodey councillor loses seat after being sentenced for contempt of court

Gaaf Alif Kodey Councillor Ahmed Abbas of the Jumhoree Party (JP) has lost his seat on the island council after being sentenced to four months imprisonment for contempt of court.

The Kodey magistrate court sentenced Abbas on June 19 after he refused to comply with three court summons and appear at court in relation to two ongoing cases.

Under the landmark Decentralisation Act of 2010, councillors convicted of a criminal offence are to be stripped of their seats.

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Thasmeen warns DRP councillors against helping PPM recruit members

Main opposition Dhivehi Rayyithunge Party (DRP) Leader Ahmed Thasmeen Ali has warned that the party’s island and atoll councillors who help the newly-formed Progressive Party of Maldives (PPM) – led by former DRP ‘Zaeem’ or Honorary Leader Maumoon Abdul Gayoom – recruit members will be dismissed from DRP.

Thasmeen told MNBC One today that the party’s charter outlined procedures for disciplinary action against members who violate the charter or party rules and regulations.

PPM Spokesperson MP Ahmed Mahlouf told local media last week that the party would seek to amend the Decentralisation Act to allow councillors to quit their parties without losing their seats.

Thasmeen however said that the law should not be changed merely because it puts the newly-formed party at a disadvantage.

The Decentralisation Act was passed in a completely partisan vote after MPs of the ruling Maldivian Democratic Party (MDP) walked out in protest of the high number of councillors and the committee decision to scrap province councils in the original draft legislation.

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President vetoes bill doubling number of city councillors

President Mohamed Nasheed yesterday vetoed the third amendment passed by parliament to the Decentralisation Act last month, a bill that would have doubled the number of city councillors in the capital Male’ as well as Addu City.

The legislation proposed by opposition Dhivehi Rayyithunge Party (DRP) MP Hassan Latheef would have created 11 additional seats on the Male’ City Council and six on the Addu City Council, both of which were won by the ruling Maldivian Democratic Party (MDP).

According to a letter from President Mohamed Nasheed informing the Speaker of the reasons for returning the bill for reconsideration, the Attorney General noted that some provisions in the legislation were in conflict with the powers and responsibilities of local councils.

The Attorney General’s legal advice also noted that the creation of additional seats in the city councils would significantly increase government expenditure.

A day after the bill was passed 36-33 on June 22 in a partisan vote, Press Secretary Mohamed Zuhair told Minivan News that the legislation amounted to “economic sabotage” of the government’s attempts to reduce state expenditure and plug a crippling budget deficit.

“From the outset [of the decentralisation process], the government has been of the position that the total number of councillors should be kept down as much as possible,” he said. “We at the beginning suggested that the total number of councillors should be no more than 220, yet opposition parties like the DRP wanted more.”

In March, Deputy Speaker Ahmed Nazim of the minority opposition People’s Alliance (PA) told Minivan News that expenditure on more than 1000 councillors was unsustainable.

The PA MP for Dhiggaru said he believed that the main opposition DRP had been too “heavy handed” in their approach to working with government on devolving decision-making powers to local councils.

“I was advocating that even now, we will work with the MDP to reduce the number of [island] councilors in small areas from five to three posts.  There is simply not enough work for all of them to do,” he said.  “Some opposition took a heavy handed approach meaning there was no need for compromise.  The DRP wanted it their way when it came to each of the wards.”

Nazim claimed that he still hoped to work with the MDP on plans to reduce the number of posts on councils. He said this was particularly the case on smaller islands, boasting populations of less than 1000 people, which could be cut to just three council representatives instead of five.

Nazim was however among the opposition MPs who voted to double the number of city councillors.

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Small islands reject administrative consolidation

Small island populations overwhelmingly rejected the government’s proposal for administrative consolidation and the creation of city councils at Saturday’s referendum amid a 30 percent turnout across the country.

Of 88,882 eligible voters, less than 27,000 participated in the referendum.

Provisional results show that 86 islands voted against the proposal for grouping smaller islands to form large population centres, while only 19, mostly larger islands, voted in favour.

Voting took place in 105 islands listed by the government for administrative consolidation and the creation of city councils ahead of the enactment of the landmark Decentralisation Act and upcoming council elections.

Following the evident lack of voter enthusiasm, the government has been severely criticised for inadequate efforts to raise awareness and inform voters of the benefits of the proposed administrative changes.

After a bitter year-long struggle between the government and opposition parties in parliament over the draft legislation for local governance, the Act was passed in a partisan vote in April after MPs of the ruling Maldivian Democratic Party (MDP) walked out in protest.

The dispute centred round the government’s stated policy of grouping two or more atolls to form seven provinces, which the opposition argued was unconstitutional and could marginalise less populous atolls with disproportionate representation.

While the opposition insisted that the existing division of 20 administrative atolls and the capital Male’ must be maintained, the government argued that consolidation was necessary to achieve economies of scale or cost advantages in the long run.

Saturday’s referendum was necessitated by article 136 of the Decentralisation Act, which states that islands could be grouped to form constituencies if the respective populations make an appeal to the president.

Following discussions between the two main parties before listing administrative constituencies for the council elections as stipulated by the Act, the parties agreed that a public referendum would have to decide the disputed issue of consolidation.

After the plan for combining islands was announced, opposition Dhivehi Rayyithunge Party (DRP) Leader Ahmed Thasmeen Ali criticised it as “senseless”, warning of “dire consequences for the people” should the proposed administrative changes fail.

The parliamentary majority leader also argued that “it would be highly irresponsible to spend taxpayer money” on the referendums in islands with traditional opposition to consolidation.

“Anyone who understands the politics of the different islands would understand that some of the groupings are just non-starters,” he said.

Meanwhile in his weekly radio address on Friday, President Mohamed Nasheed reiterated that developing a large number of small island units was not economically viable.

“Based on my education and experience, I see that a small unit could be developed to a particular extent, a particular limit,” he explained. “When that limit is reached for the small unit, there is very little that can be done.”

Referring to the islands Inguraidhoo, Kinolhas and Fainu in Raa atoll, separated by four nautical miles, Nasheed argued that the administrative consolidation would create a population centre of over 2,500 people.

“When the government as well as aid agencies and well wishers look to help, it is likely that more attention will be given to an island where 2,500 people live than an island with a very small number of people,” he said.

A larger budget could therefore be earmarked for the new constituency, he added, allowing for large scale operations to provide utility services, such as one powerhouse for three islands.

Of the 105 islands where voting took place, the proposal was endorsed by Alif Alif Mathiveri, Alif Dhaal Maamingili, Thaa Omadu, Baa Dharavandhu and Goidhu, Haa Alif atoll Baarah and Thakandhu, Haa Dhaal Finey, Noonu Kendhikulhudhoo, Raa Inguraidhoo and Rasgethymu, Shaviyani Fonadhoo and Milandhoo.

The Elections Commission (EC) is expected to announce the official results tonight.

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