Tag: legislation

Majlis members send six bills to committee

Six pieces of legislation submitted on behalf of the government by Progressive Party of Maldives MPs were sent to committee for further review at today’s sitting of parliament.

The bills include amendments to the Goods and Service Tax Act, amendments to the Immigration Act, a bill to repeal an outdated law on allowing detention for more than seven days, amendments to the Civil Service Act, amendments to the Human Rights Commission of Maldives Act, and amendments to a number of laws to remove inconsistencies with the Decentralisation Act.

While most of the bills were accepted and sent to committee with comfortable majorities of between 50 to 64 votes, the proposed amendment to the Immigration Act was accepted with 46 votes in favour and 19 against

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Government submitting bills to Majlis at “remarkable speed”, says PPM group leader

The government has submitted 12 bills to the People’s Majlis today (June 8), local media has reported.

“The government is submitting bills to the parliament at a remarkable speed. We’ll do our best to table these bills in the parliament,” Progressive Party of Maldives Parliamentary Group Leader Ahmed Nihan told Haveeru today.

Having already submitted special economic zones legislation to the Majlis last week, the government was reported to have today introduced bills addressing the issue of referendums as well as amendments to current laws on GST, child protection, MPs’ income, and immigration.

The scope of the government’s legislative agenda was revealed last March when Attorney General Mohamed Anil unveiled a 207-bill plan comprising 98 new bills and 109 amendments to existing laws.

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.

The government’s ability to secure new legislation was reduced late last month, however, after the split with it electoral ally the Jumhooree Party (JP).

The loss of the JP’s 15 MPs brings the ruling Progressive Coalition’s majority in the house to just one seat, after last week’s signing of independent MP  Abdulla Khaleel. This excludes the support of unofficial partner the Adhaalath Party’s sole MP.

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“Murder has to be punished with murder”: Yameen calls for death penalty to be put into practice

Progressive Party of the Maldives (PPM) Presidential Candidate Abdulla Yameen has called for the death penalty to be put into practice in the Maldives, a day after vowing to reform the judiciary.

The MP, half brother of former autocratic ruler Maumoon Abdul Gayoom, made the comments while speaking on the program Voice of Maldives on Monday night (July 22).

Yameen explained that although he was not previously an advocate of the death penalty, he now believed it must be implemented to save Maldivian society from murders that have become too commonplace, according to local media reports.

Yameen noted that as a result of the “recent spate of killings” in the Maldives he has had a “change of heart” and now believes “murder has to be punished with murder.”

“It is something that has to be done. We cannot move forward without making our streets safe,” Yameen said.

Yameen explained that a death penalty sentence should only be implemented if upheld by the Supreme Court.

“I now believe, if it can be proven in trial so that the country accepts, if it is proven to a degree accepted by judicial principles, if all the steps are followed, and if the Maldivian people believe, I believe that the death penalty is necessary to save society,” he said.

He also noted that because detailed legislation is necessary to implement the death penalty, the current government recently proposed a death penalty bill in parliament.

Regarding whether he would implement Islamic Sharia law, Yameen’s response to a caller was that “justice is currently delivered in the Maldives through Islamic principles” and that he would act “in accordance with what is laid out by the constitution.”

He pledged that under a PPM government he would “do whatever has to be done” to make the Maldives a peaceful place.

Yameen also denied financing or having links with gangs, claiming these allegations “do not have any basis” and politicians perpetuating such rumors “lack sincerity”.

Such rumors that Yameen has gang ties have “been around a long time”, according to CNM.

During the PPM presidential primary, former candidate and PPM Vice President Umar Naseer publicly accused Yameen of involvement with gangs and the illegal drug trade. However, Yameen denied the “defamatory accusations” calling them “baseless and untrue”.

Yameen further noted during the Voice of Maldives program that a “major part” of the government budget would be spent on youth, including a special rehabilitation program for drug addicts, with more than 900 placements available, if he is elected president.

Last month, Yameen also announced that PPM intended to transform Hulhumale’ into a “Youth City” where enough apartments to accommodate young people would be constructed.

Judicial reform pledge

Meanwhile, a day prior to Yameen’s comments in favor of implementing the death penalty to quell violent crime in the Maldives, the PPM presidential candidate pledged to reform the judiciary, even if it required amending the constitution.

To gain investors’ confidence and bring foreign investments to the Maldives, reforming the judiciary to ensure swift justice and confidence in the institution is necessary, Yameen explained.

“We see the many challenges ahead from every direction. So we are not only competing with other candidates. We are competing against the flailing economy and fading culture and values,” he said.

Yameen told local media that Chief Justice Ahmed Faiz Hussain had also noted the judiciary has “problems”.

Faiz has meanwhile urged the public and media to refrain from making statements that would give a negative image of the judiciary, and called for constitutional amendments.

His comment’s follow the Maldives Bar Association (MBA) calling for the suspension of Supreme Court Justice Ali Hameed pending an investigation into his alleged sexual misconduct. Hameed is under investigation by both the police and Judicial Service Commission (JSC) over the circulation of at least three sex videos apparently depicting him fornicating with unidentified foreign women.

Earlier this year, Faiz said that the current seven-member bench of the Supreme Court cannot be abolished and will continue to remain as the highest court of the country as long as the Maldives remains a democracy. In July 2012, the Chief Justice also said the death penalty can be executed within the existing justice system of the Maldives.

Death penalty controversy

While the Maldives still issues death sentences, these have traditionally been commuted to life sentences by presidential decree since the execution of Hakim Didi in 1954, for the crime of practicing black magic.

Death penalty legislation was presented to parliament in June by government-aligned Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed to implement the death penalty by hanging if the Supreme Court upheld a death sentence passed by a lower court. The legislation was put to a vote to decide whether or not to proceed with the bill at committee stage and was ultimately rejected 26-18 with no abstentions.

The Maldivian Democratic Party (MDP) MP said at the time that the party’s parliamentary group had opted to throw out the bill on the grounds that it would be “irresponsible” to approve such measures with ongoing concerns held by itself and international experts over the functioning of the country’s judiciary.

The party additionally criticised the proposed bill as being irrelevant, arguing that the country’s draft penal code – a recent issue of contention between MPs and certain political parties – already included provisions for the death sentence as outlined under Islamic Sharia.

Recent calls for presidential clemency to be blocked led Attorney General (AG) Azima Shukoor to draft a bill favouring the implementation of the penalty via lethal injection. It was met with opposition by several religious groups such as the NGO Jamiyyathul Salaf, which called for the draft to be amended in favour of beheadings or firing squads.

Minivan News understands that the bill submitted by the AG remains open for comments on potential amendments.

More recently, the state called for a High Court verdict on whether the practice of presidential clemency can be annulled.

Eariler this year, the UN country team in the Maldives issued a statement calling for the abolition of both corporal punishment and the death penalty in the Maldives.

Additionally, the state’s stance to review implementation of death sentences has led to strong criticism from certain human rights-focused NGOs this year.

Speaking to Minivan News immediately following a visit to the Maldives in April 2013, Amnesty International’s South Asia Director Polly Truscott raised concerns about the recent drafting of new bills outlining implementation for executions.

She argued that even in practice, such bills would be deemed as a human rights violation, with the NGO maintaining that there remained no research to support the assertion that executing criminals served as an effective deterrent for serious crimes.

She noted this was a particular concern considering the recent findings of various international experts such as UN Special Rapporteur on the Independence of Judges and Judiciary, Gabriela Knaul, regarding the politicised nature of the country’s judicial system.

“To leave Sharia law to the discretion of individual judges is something we believe would be a bad idea,” she said at the time.

In May this year, Amnesty International condemned the sentencing of two 18 year-olds to death for a murder committed while they were minors, and called on Maldivian government authorities to commute the sentence.

Meanwhile, a survey of the leading criminologists in the United States conducted in 2009 found that 88 percent of the country’s top criminologists “did not believe” that the death penalty is a “proven deterrent to homicide”.

The study, Do Executions Lower Homicide Rates? The Views of Leading Criminologists published in the Journal of Criminal Law and Criminology, also found that 87 percent of the expert criminologists believe that abolition of the death penalty would not have any significant effect on murder rates.

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Climate institutions in “flux”, consolidation needed for Maldives Green Fund success: leaked Transparency report

The Environment Ministry claims climate mitigation and adaptation projects have not been affected by government instability, however leaked draft Transparency Maldives reports indicate that climate governance institutions are in a state of “flux” and suffer from a lack of accountability, including the proposed Maldives Green Fund.

Currently, the Ministry of Environment and Energy (MEE) is implementing MVR 3.1 billion (US$201,298,810) worth of climate projects, which does not include donor funded programs implemented by “other sectoral agencies” and NGOs, MEE Environment Analyst, and contributor to the MGF’s establishment, Aishath Aileen Niyaz told Minivan News.

In an effort to merge all the currently established trust funds in accordance with the government’s Biosphere Reserve sustainable development policy, President Mohamed Waheed Hassan Manik’s cabinet recently proposed the establishment of a Maldives Green Fund (MGF).

“The Maldives Green Fund is designed to work as a national entity that would comply with international fiduciary standards for enabling, appraising and financing projects,” explained Niyaz.

“The MGF will act as both a funder and guarantor of projects in the areas of renewable energy and energy efficiency, biodiversity conservation, water management, waste management and capacity building and research in these areas,” she continued.

The current US$9.5 million Climate Change Trust Fund (CCTF) and US$138 million the Sustainable Renewable Energy Project (SREP) have been designed to complement the MGF, with both projects allocating resources for MGF capacity building, according to Niyaz.

“It is envisaged that by the time these projects are concluded, the MGF will be in a strong enough position to take manage such funds and take on the lead responsibility for such projects and in the Maldives,” said Niyaz.

She further explained that to protect climate funds from fraudulent practices “checks and balances” are in place, such as government anti-corruption procedures derived from financial laws and regulations, as well as rules of the implementing international organisation.

Niyaz also claims that government instability has not affected climate finance in the Maldives.

“Since most of the [climate change related] projects were ongoing at the time of [the 2012 government] transition, there was no real impact on their implementation. Furthermore, the negotiations for pipeline projects continued on pace,” she stated.

Meanwhile, “It is a general concern from Transparency Maldives’ studies that institutions in the Maldives, including climate institutions, are in a state of flux and not consolidated. New ones are being created and existing ones inactive or ineffective. This results in confusion, waste, delays, and duplications,” states a Transparency Maldives (TM) MGF Policy Brief dated December 17, 2012.

TM estimates that approximately US$160.5 million is being spent on various climate adaptation and mitigation projects through externally funded grants and loans, while an additional US$ 279,480,275 is required for short-medium term (10 years) adaptation and a further US$ 161,500,000 will be needed for long-term (40 years) adaption, states a Transparency Maldives Climate Governance Integrity Mapping of Climate Finance draft report.

“The fact that the state is a transitional democracy, with only emergent institutions of horizontal and vertical accountability, has posed significant challenges to climate change governance. The lack of a legislative framework for the sector also exacerbates the situation,” said the report.

“Moreover, the country is grappling with corruption and lacks effective governance mechanisms to address the issue. In 2010, Maldives was placed at 143rd on Transparency International’s Corruption Perception Index, with an average score of 2.3, indicating that perceived levels of corruption in the country are very high,” it continued.

The Maldives lacks a comprehensible overall institutional framework and comprehensive policy for addressing climate change, which adds to the confusion of the existing climate change mandates, TM identified. Additionally, no comprehensive database of climate projects currently exists.

This has resulted in ad hoc monitoring and evaluation of climate projects and institutional rivalry between ministries, according to TM.

“Another major challenge in climate change governance is the lack of experts in this area. The key climate experts of the country have multiple responsibilities and a very demanding schedule to fulfill their obligations. They are on multiple governing bodies…,” noted the report.

TM also highlighted the challenges that exist for ordinary citizens to gain access to information, including climate change related projects, despite the existence of a regulation on the right to information.

“Given that most official institutions are based in the capital island of Male’, accessing these information is especially challenging for the majority of the population who reside in other islands,” the report stated.

“In principle establishing a ‘green fund’ to consolidate climate change mitigation and adaptation money is ‘ok’ as long as it adheres to international best practices and good governance standards,” Transparency Maldives Climate Governance Senior Project Manager Azim Zahir recently told Minivan News.

Transparency Maldives had not responded to enquiries at time of press.

MGF plan

“One of the aims of the Maldives Green Fund is to roll out the Baa Atoll Conservation Fund – the funding arm supporting the Baa Atoll Biosphere Reserve – model to the entire country,” said Niyaz.

“The MGF will provide access to funds in simpler procedures for the private sector,” she added.

Essentially the MGF will function “largely as a co-financier of projects, and will work diligently to engage the financial support of other sources”, states a December 2012 draft 2 of the MGF triennial spending strategy 2013-2015.

MGF financial support – in the form of direct grants, interest rate subsidies and soft loans – will be available to “public institutions (including schools, hospitals, etc), small and medium sized enterprises, NGOs, government institutions at all levels, and natural persons,” notes the document. However, it “should be additional to other available sources of finance and not a replacement for them”.

The Maldives government is to provide the initial capital for the MGF, totalling MVR 3 million (US$194,805).

“The Fund’s limited resources will not be used to finance projects or activities that should normally be undertaken by government institutions and financed by government budgets, e.g. compensation and salaries of government authorities, trips of governmental officials to conferences, development of laws and policies, etc.,” both the December draft spending strategy and October 2012 draft 1 operational manual specify.

Despite these proposed regulations for project funding, the December 2012 MGF draft 5 legislation, provides MGF board of directors members remuneration in the form of a “fee for their work” and “reimbursement of expenses” to attend board meetings.

“The level of fees for participation in the work of the Board of Directors shall be defined by the Board of Directors itself, taking into account compensation fees for Board of Directors members of similar government companies established in the Republic of Maldives and complying with the provisions of the President’s Decree as regards maximum permissible levels of administrative costs,” as stated in Fund Governence, section 2 article 12 of the MGF draft legislation.

Compensation for board of directors members is also included under administrative costs in the fund spending policy section four, article 12.

The MGF board of directors will be comprised of a chairperson from the MEE and representatives from the Environmental Protection Agency, Ministry of Finance and Treasury, Local Government Authority, Maldives National Chamber of Commerce and Industries, as well as Maldives Association of Tourism Industry and a non-governmental environmental organisation.

The 2013 budget will allocate US$166,320 for personnel compensation and US$7,000 for administrative expenditures.

However, the MGF education and research priority area will receive US$66,690.

As a supervisory mechanism, the MGF will establish an independent integrity unit and redress mechanism that will report to the board of directors, as specified in the draft legislation section 5 article 16.

“In line with the provisions of the President’s Decree, the Ministry of Environment and Energy [providing a chairperson for the MGF board] shall receive full and unrestricted cooperation from the Fund in order to exercise adequate administrative control and supervision of the Fund’s operations,” reads draft legislation section 2 article 43.

The draft legislation, operations manual, and triennial spending strategy documents were prepared by Æquilibrium Consulting for the MEE.

MGF recommendations

MGF documents, including the Operations Manual and Legislation were not provided to stakeholders like Transparency Maldives prior to the stakeholder conference on 11 December finalising MGF documents, TM claimed in their Maldives Green Fund Policy Brief.

Despite being given “insufficient time (a week)… to comment more specifically and comprehensively on documents of such a technical nature,” TM highlighted a number of MGF issues.

They recommend that the MGF be established through People’s Majlis (Parliament) legislation, notPresidential Decree, given that the “MGF is created to handle large sums of public money and projects and programme implemented for the public”, said the policy brief.

TM also identified the potential for MGF board members to have conflicts of interest which would “compromise independence of the directors” and recommended the government reconsider appointing an independent board.

They also “encourage that declarations of financial interests and disclosure of conflicts of interest be made public,” noted the policy brief.

Given that “minimal reference” is made to or incorporated from the Code of Corporate Governance, TM also recommended a code of conduct be established for all MGF employees which elaborates mechanisms, responsibilities, operations, and practices.

“Bringing forward” educational awareness and research activities is also emphasised, to ensure these activities “have the necessary impact during project cycles”.

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High Court appeal of 15 year-old rape victim’s sentence begins

The High Court appeal case for a 15 year-old rape victim sentenced to flogging and house arrest after she was found guilty of fornication began today (April 29).

The 15 year-old was convicted of premarital sex at the Juvenile Court on February 26 and sentenced to 100 lashes and eight months of house arrest, after confessing to fornication with another man. The confession was made during a separate investigation which was launched following the discovery of a dead baby buried in the outdoor shower area of her home.

The High Court trial that began today (April 29) was not open to the public, as the presiding judge exercised the authority to exclude the public “where the interest of juveniles or the victims of a crime so require”, as stated in Article 42 of the Constitution, according to local media.

High Court media official Ameen Faisal told local media that the Human Rights Commission of Maldives (HRCM) had also intervened in the case.

The victim’s state-appointed attorney filed the appeal with the High Court on April 1.

At the time, former Attorney General Aishath Azima Shukoor told local media the case had to be appealed because the Juvenile Court had taken statements from the witnesses in violation of procedure.

Shukoor also said the Juvenile Court ruling was in violation of Islamic Sharia as it had not considered psychological reports produced to the court.

Additionally, the child’s defence claimed her testimony was taken in violation of constitution and the charges against her were filed in violation of criminal procedure.

Sources from the girl’s island of Feydhoo in Shaviyani Atoll previously told Minivan News that concerns had been raised by islanders since 2009 that the minor was allegedly the victim of sexual abuse not just by her stepfather, but an unidentified number of other men on the island.

In June 2012, the girl gave birth to a baby which was later discovered buried in the outdoor shower area of her home. Her stepfather was later charged with child sexual abuse, possession of pornographic materials and committing premeditated murder. Her mother was meanwhile charged with concealing a crime and failing to report child sexual abuse to the authorities.

Council heads and senior civil society figures have slammed the judiciary, state authorities and welfare groups over their systemic failure to protect the 15 year-old girl.

Sentencing controversy

The 15-year-old’s case has brought international attention to the Maldives’ legal system, including the launch of an online Avaaz.org petition signed by over two million people that has threatened to put pressure the tourism industry. The sentencing of the minor has also come under high-profile public criticism from British multi-billionaire Sir Richard Branson, founder of the Virgin group of companies.

President Mohamed Waheed Hassan Manik’s government previously criticised the verdict, pledging earlier this year to review the use of flogging as a punishment for sexual offences – a practice it alleged in some cases actually serves to punish victims of rape and abuse.

Following the Juvenile Court’s ruling in February, Waheed stated on his official Twitter account: “I am saddened by the sentence of flogging handed to a minor. Govt will push for review of this position.”

However, the religious Adhaalath Party (AP) – which largely makes up the ranks of the Islamic Ministry and with which President Waheed’s Gaumee Ithiaad Party (GIP) entered into a coalition in March – endorsed the sentence.

“The purpose of penalties like these in Islamic Sharia is to maintain order in society and to save it from sinful acts. It is not at all an act of violence. We must turn a deaf ear to the international organisations which are calling to abolish these penalties, labeling them degrading and inhumane acts or torture,” read a statement from the party.

“If such sinful activities are to become this common, the society will break down and we may become deserving of divine wrath,” the Adhaalath Party stated.

Inadequate child protection measures

A Maldivian children’s rights NGO recently criticised child protection measures currently in place as “inadequate”, while urging government authorities to incorporate several key human rights obligations into domestic law.

NGO Advocating the Rights of Children (ARC) told Minivan News earlier this month that although the Maldives has signed and agreed to be legally bound by the provisions in the Convention on the Rights of the Child (CRC) and its Optional Protocols, the commitments have yet to be adopted into law.

ARC claimed that provisions outlined in the CRC had not been fully adopted by the state into domestic legislation, thereby limiting the promotion and protection of child rights.

“The recent case of a 15-year old girl, whose rights were violated and abused by her stepfather is a clear example of how domestic judicial and legal mechanisms failed to address and rectify the violation over a substantial period of time, at different levels,” ARC said.

“This is a situation where an individual complaint to the UN Committee could hold the government accountable even if the ‘domestic remedial system’, including judicial and legal mechanisms, fail to address the issue of abuse.

“Ratifying this optional protocol will help protect the rights of children as it could help reduce the number of cases in the Maldives where a lack of legislation, clarity and commitment to international human rights law allow serious injustices to proliferate,” ARC added.

Meanwhile, neglect and abuse of children were reported to have increased to an “alarming level“, compelling the the Maldives’ Ministry of Gender, Family and Human Rights to submit an amendment (April 7) that would transfer parental guardianship of children in cases of negligence.

Earlier this year, ARC called on the Maldivian government to pass legislation concerning the treatment of sexual abuse victims. The NGO also raised concerns over the potential impact on the state’s ability to prevent sexual offences following reductions to the state budget approved by parliament in December 2012.

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President cleared to submit bills to Majlis

An amendment has been passed to the People’s Majlis’ Rules of Procedure enabling the current government to submit bills to the legislature.

Since February’s transfer of presidential power, there has been dispute regarding the power of current President Dr Mohamed Waheed Hassan to submit bills to the Majlis as his party, the Gaumee Ittihad Party (GIP), has no representation in parliament.

Yesterday’s amendment, which was approved by 42 of 67 MPs present, changed the procedure to allow the president to designate a party to represent the government. The amendment was submitted to the floor by a report from the General Purposes Committee.

Article 217 of the parliamentary rules of procedure had previously interpreted the president’s party as that which he was a member of. The new amendment defines the president’s party as any designated by him.

This, in turn, impacts upon article 71 which states that government bills must be submitted by the party in power.

The Maldivian Democratic Party (MDP) has maintained that they remain the party in power, although this is not defined in the rules of procedure.

“This is the perfect example of the democratic changes we are losing every day,” said party spokesman Hamed Abdul Ghafoor who argued that, after being elected on an MDP ticket, Waheed was now allowing the opposition to dictate policy.

When asked by a reporter from Al Jazeera on February 8 about his relationship with other political parties, Waheed responded: “I come from a different party, and the [former] president knew very well that I was not from the Maldivian Democratic Party (MDP) when he asked me to be his running mate to win the election,” he said.

The status of the MDP has been queried, particularly following the publication of the Commission of National Inquiry (CNI) report which ruled the February transfer of power to have been legitimate.

The MDP and Waheed’s GIP formed a coalition just days before the 2008 presidential elections which Mohamed Nasheed won, with Waheed as his running mate.

Nasheed’s February resignation was followed by wholesale changes to the cabinet and the formation of a coalition government in which the MDP refused to participate – maintaining that Nasheed was ousted illegally.

Waheed has also claimed, however, that his government is “a continuation of the previous one under President Nasheed.”

“There should be no doubt on this score,” he was reported as telling Indian Prime Minister Manmohan Singh in May.

The MDP still holds 30 seats in the Majlis, although it is outnumbered by the pro-government coalition, which currently includes 39 of the assembly’s 77 members.

Local media have reported that the government intends to submit 12 bills to the Majlis within the next month following yesterday’s amendment.

The bills are said to concern human trafficking, prevention of sexual harassment, extradition as well as a bill that will govern the implementation of the death penalty, amongst others.

The Majlis has been beset by the political gridlock enveloping the country over the past eight month. Attempts to open the Majlis session in March saw violent clashes between protesters and security forces, while tensions within the chamber saw sessions suspended throughout August and September.

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Accountability of political accounts not so clear: Transparency

Transparent political financing in the Maldives is moderately but unspecifically supported by legislation, however in practice political parties and candidates can easily manipulate funding with little consequence and leaving no clear trail of public accountability.

“In the Maldives political financing is mainly viewed as a book keeping and procedural issue rather than as an issue of accountability to one’s constituency that directly affects the level of democracy within the system”, reads the report.

“Transparency in Political Financing in Maldives” is part of the Crinis Project, a joint effort between Transparency International and the Carter Center that began in Latin America in 2006, and has since been executed in Indonesia, Bangladesh and Nepal.

Using surveys, interviews and analysis carried out between November 2010 and April 2011, the project measures 10 “dimensions of transparency” in the financial reporting practices of nine political parties, 15 MPs, eight presidential candidates from the 2008 elections, and various donors. Official legislation was jointly analysed.

Ratings for both ‘Law’ and ‘Practice’ were measured on a scale of 0 to 10, where 10 indicates full compliance with standards of transparency and accountability and 0 indicates no compliance.

The project distinguishes between non-electoral funds, campaign funds, and funds received and managed by candidates independent of their parties.

The Maldives ranked 4.6 on the Crinis Index overall, qualifying as “average”. With ‘Law’ rated at 5.1 and ‘Practice’ rated at a lower 4.1, the report notes that “there is much room for improving both the legal framework on political financing and political financing practices in the country.”

Average aggregate scores in the categories State Oversight, Prevention (of manipulation), Disclosure (of information to the citizens), and Reliability, Depth and Scope of reporting leveled the total score at 4.6, the report states.

However, the majority of these categories barely reached above the ‘Insufficient’ rating, with Non-State Oversight and Sanctions, or penalties for non-compliance with the legal framework, received the lowest scores.

The only category to qualify as “good” (6.8-10) was Book Keeping, scraping in with the minimum score of 6.8.

In each category the Maldives’ legislation for political financing qualified as ‘average’ with a median score of 5.7. However the law was not rated for Reliability as it was a perception-based dimension, or for Non-State Oversight, as there is no mechanism stipulated in Maldivian law.

Practices in political financing were generally found to be‘insufficient’, notably in the categories of Reporting, Disclosure, and Prevention. Sanctions (1.0) and Non-State Oversight (1.2) scored the lowest.

Comparatively, Book Keeping and Scope (of reporting) scored positively with ratings of 7.5 and 8.4, respectively.

The report observes that the Maldives only introduced multi-party democracy in 2005 and did not have an independent elections commission (EC) until 2008.

Although reporting to the EC is mandated by law, the study finds that the legal framework enforcing this mandate ranks only at 4.5 on the Crinis scale. In practice, reporting received a score of 3.3 (insufficient), as “parties do not specify separate sources and amounts of funding” when they do report and “in most cases, the absence of the standardised reporting format also leads to inconsistencies on the information provided by parties.”

Moreover, information is poorly disclosed to the public. In the category of measures which prevent abuse of resources and conflicts of interest, the study ranked party behavior at 2.8  and practice at 3.2–both insufficient rankings. Meanwhile, the law scored an average ranking of 4.7.

“The Regulation on Political Parties does not require political parties to conduct their financial transactions through a bank account; nor is there a provision in the law prohibiting the acceptance of cash donations; nor is there an upper limit to cash donations which parties are allowed to accept,” the report states. “Since parties are not required to conduct all its transactions through a bank account, there is no way for Elections Commission to verify that parties have reported all of its income and expenditures, nor can the Elections Commission verify that parties have not accepted types of income which are prohibited by law.”

The report points out that the system of political financing is interdependent. “For example, the public’s access to financial reports depends on whether political actors submit reports to a state oversight agency. Such disclosure, in turn, is nearly impossible to obtain if parties lack an internal book-keeping system.

“As such, transparent political financing is not guaranteed even if the proper operation of one or two of these dimensions is confirmed in practice”, the report states.

The effort involved in assembling the report further highlights the system’s weaknesses.

“We had quite a bit of difficulty getting information from almost all sources,” said Project Coordinator Ma’rifa Hassan. “After a long time of asking and waiting for donors, political parties and politicians” to respond to inquiries, she said most information came from the EC “because they’re the only ones with the financial records”–in itself a surprise.

Of the fifteen candidates approached, Hassan said, only one provided a single set of records. “The rest just said ‘you can get it from the EC, we do not have it anymore.’ Our impression is that once the campaign is over and they’re elected, they don’t care about the financial aspects,” she said. “In my opinion, it’s quite absurd that a lot of political parties or campaign candidates claim they do not have those records.”

Approaching the EC was a struggle as well.

“Just getting the first appointment to explain our project was very difficult,” said Executive Director Ilham Mohamed.

Once allowed to access the information, researchers found that they had to sit with an official to look over the records, and could only copy the information by hand. “The average citizen, public official or a journalist is not going to have the drive or the time to wait and wait for an appointment, and then have to copy everything by hand,” she observed. “These things should be available, and people shouldn’t have to justify why they want to see the records in the first place.”

The team conceded that the research collided with the primary elections, and that the EC was understandably busy at the time.

Aside from their own experience, the team took the pulse of the public’s interaction with the information.

Sending out 14 volunteers from the public with a list of information to obtain, the team examined the level of proactive disclosure among donors, politicians, political parties and the EC. According to the team, none of the volunteers were able to obtain any information.

The team affirmed that the lack of transparency and accountability in political financing supports the recent finding that 90 percent of Maldivians believe that “corruption has increased” or remained level in the last three years and perceive parliament as the “most corrupt” institution, as stated in Transparency’s recent report “Daily Lives and Corruption: Public Opinion in Maldives”.

“Asking about a party’s financial records and spending practices also labels you as suspicious,” Mohamed pointed out. “A majority of people we interviewed saw this as a privacy issue. But if you’re spending money or taking money from a budget to be elected to a public post, then it is a public matter. You’re privacy stops there.”

The team observed that although the country scored ‘average’ for its laws and clauses, “the objective of having those laws and clauses is not achieved. The EC is required by law to facilitate public access to records, but it doesn’t specify how.”

The Elections Commission received the brunt of the report’s constructive criticism, along with Parliament. The report charged the EC with streamlining and enforcing the reporting methods to be used by political parties and between parties, the EC and the public. Meanwhile Parliament was tasked with amending legislation to make financial transactions among political parties and electoral candidates more transparent, for example, by requiring that all transactions be done through a specific bank account.

Other recommendations included consistent and balanced media coverage and work by civil society organisations to inform the public of political financial operations. Political parties were tasked with reporting clearly to the public and the EC in a timely manner.

“Basically, we have a lot of work to do”, the Transparency team concluded.

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Quarter of all parliament sittings disrupted, report finds

A quarter of all parliamentary sittings last year were terminated due to disruption, a report into the legislature’s performance last year by Transparency Maldives (TM) has found.

The Parliament Watch report, produced with UNDP support, draws on attendance and voting data obtained from the parliament secretariat.

Attendance data shows that shows that 22 MPs were absent for 35 sittings of parliament – more than a third of the total number held.

In addition to the four months of recess, 13 MPs took casual leave for 58 days – almost two months – while 20 MPs took 38 days leave. Only seven of the 77 MPs attended all sittings of parliament.

Notable absentees included Dhivehi Rayyithunge Party (DRP) MP Ali Mohamed, who was absent for 52 consectutive votes, and Maldivian Democratic Party (MDP) MP Nazim Rashaad, who missed blocks of 34 and 19 consecutive votes with only several days in between.

Independent MP Ahmed Shiyam Mohamed was among those who attended the least number of votes, and was absent for 84.

The report’s “highlights” of the first session of parliament included the dismissal of the Auditor General (and failure to approve a replacement for over a year), and the provision of Rf 2 million in media subsidies to the two wealthiest opposition-supporting private broadcasters, one of which is owned by a sitting MP.

Performance evaluation

The report also interviewed 15 MPs from a spread of parties and seven professionals from the media, civil society and legal sectors in an attempt to evaluate parliament’s performance.

It found that the strongest perceived aspect of parliament was the relative freedom MPs had “to express their opinions freely, without executive and legal interference,” although interviewees noted significant under-representation of women.

Parliament’s oversight of the executive was also highlighted for its autonomy over the government and scrutiny of appointments to executive posts, although the effectiveness of committees scored poorly.

The weakest area of parliament, TM found, was accountability, particularly the public acceptability of the procedure whereby members determined their salaries.

This was highlighted in one of parliament’s first votes of the June session, in which MPs voted against a motion to cut a controversial Rf20,000 in committee allowances – an effective 33 percent salary increase that sees Maldivian MPs earning on par with those in Sweden. A quarter of the chamber was absent during the vote.

The report highlighted oversight of party and candidate funding, procedures for preventing financial conflicts of interest, and reporting back to constituents as particular areas of weakness.

Based on its findings and interviews conducted, the report makes a number of recommendations. These include:

  • Fulfilling parliament’s constitutional obligation to publicise financial and other interests of MPs submitted to parliament. The report noted that the disclosure of such interests “should extend to the MP’s immediate children, spouse and parents”;
  • Prioritising bills of national interest, as bills vital to the state and preservation of justice, such as the evidence bill, right to information bill, political parties bill, penal code bill and drugs bill “remain stagnated at committee stage”;
  • Incentivising MPs to consult their constituencies, as despite allowances paid for such, “few MPs – if any – operate offices”;
  • Assessing the financial and governance impact of bills before they were passed, as bills such as the Public Finance Act and Decentralisation Act contained conflicting clauses;
  • Increasing the participation of women in parliament so as to ensure a balanced gender perspective;
  • Developing the infrastructure and human resource capacity of the secretariat, both of which were insufficient, as were the quality of documentation produced and its accessibility.~

Read the full Parliament Watch report

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