Tag: Majlis

Government proposes amendments to old laws to ensure protection of rights

The Maldives government has proposed amending laws enacted under the country’s outdated constitution in order to ensure rights guaranteed by the current constitution are enshrined in old laws.

A bill has been introduced to amend the Immigration Act of 2007 to limit the period for which state institutions can withhold a individual’s passport without a court order to twenty four hours from the currently stated seven days.

Article 48 (d) of the current Constitution forbids detention of a person for more than twenty four hours without being brought before a judge who will decide if the detention could be extended.

It was also proposed that the Controller of Immigration and Emigration should be allowed to withhold passports based on orders from all investigative bodies of the state.

The current version of the Act states that the Controller can only withhold a passport based on court warrants, verdicts and orders from “government institutions authorized to make arrests under the General Laws Act.”

If passed, this amendment will allow independent state institutions such as the Anti Corruption Commission to ask the Controller to withhold passports.

Other major changes proposed to the Immigration Act include removing references to a 1968 law titled ‘Some General Laws’ (4/68) from the Immigration Act. The law allows detention of a person on suspicion of disobeying laws and for security and safety for any period of time by the Ministry of Defence and National Security and the Ministry of Home Affairs if in Malé area and (now abolished) Ministry of Atolls if on other islands.

The government states the law contradicts several articles of the Constitution, particularly those regarding the rights of the detained.

The 1978 “Procedure for detentions exceeding seven days act”  has been put up for annulment for the same reason, as it allows detaining people for periods exceeding seven or more days without authorization from a Judge.

The government has also proposed annulling the 1990 “Law on determining the salaries of the People’s Majlis and the People’s Special Majlis.” The one- line law is no longer of use as the Constitution already authorizes the Majlis to determine their own salary.

The government also proposed an amendment to the “Protection of Child Rights Act” of 1991 to include universal education up to middle school for all children.

The current Act only requires government to provide education “to the extent which the economy of Maldives and the resources of the government allows.” Further, instead of universal education without discrimination, it states that education must be provided for all “in a way that is relevant for each Island”.

Article 26 of the Constitution guarantees universal education for everyone without any discrimination and requires the state to provide free primary and secondary level education.

However, while the amendment to the act requires the state to teach obedience to Islam and instilling love for Islam as outlined in the constitution, it has excluded “fostering respect for human rights and promoting understanding, tolerance and friendship among all people” mentioned in the same article of the constitution.

Attorney General Mohamed Anil yesterday said the government will be sending a total of 51 bills to the current session of the newly elected People’s Majlis where the ruling Progressive Party of the Maldives holds a majority.

Speaking to Haveeru he said that 19 of these bills have already been forwarded to the Majlis, and said he hopes to send eleven more bills within the month.

The highest priorities of the legislative agenda will be formulating bills required for implementing the PPM manifesto, he has also said.

The scope of the government’s legislative agenda includes  207 bill comprising 98 new bills and 109 amendments to existing laws.

A bill on establishing special economic zones (SEZ) designed to attract foreign investments was recently proposed by the government.

Anil today revealed that  an interim Criminal Procedure will also be proposed shortly.

Speaking to Haveeru, Anil said it is very important to have an interim Criminal Procedure Act which could complement the recently ratified revised Penal Code which is to come in to force in April 2015.

Anil said he feared that the long-term Criminal Procedure bill may be delayed in the parliament as it “has many issues” and would generate a lot of debate in the parliament.

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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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Select committee decides composition of ‘241’ security services committees

The composition of parliament’s ‘241’ security services committee has been determined today by a five-member select committee chosen at Monday’s sitting.

Article 241 of the constitution states, “A committee of the People’s Majlis shall be established to exercise continuing oversight of the operations of the security services. The committee shall include representation from all the different political parties within the People’s Majlis.”

Parliamentary rules dictate proportional representation in standing committees for political parties based on the number of MPs in each party.

The select committee decided to allocate four seats for the ruling Progressive Party of Maldives (PPM), three seats for the opposition Maldivian Democratic Party (MDP), two seats for the Jumhooree Party (JP), and one seat each for the Maldives Development Alliance (MDA) and the Adhaalath Party (AP).

Along with Independent MP Muaz Mohamed Rasheed, the committee will consist of 12 MPs.

The select committee decided the number of seats to allocate for each party in the other 12 standing committees during meetings yesterday.

The PPM with 38 MPs will have five seats each from 11 committees and four seats from one committee while the MDP with 25 MPs will have four seats from nine committees and one seat from three committees.

The JP with 15 MPs will have two seats each from 11 committees and one seat from one committee.

The MDA with its five MPs will have one seat from eight committees while Adhaalath Party MP Anara Naeem and Independent MP Muaz will each sit in two committees.

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Progressive coalition will dissolve if Gasim runs for speaker, says PPM

Ruling Progressive Party of Maldives (PPM) has announced that the ruling coalition will dissolve if the coalition partner Jumhooree Party leader Gasim Ibrahim stands as speaker of the newly elected People’s Majlis.

The 18th People’s Majlis is due to be sworn in tomorrow, with the new speaker to be elected by secret ballot.

Gasim has responded by saying he will not retract his name, claiming the PPM was the first to breach the coalition agreement made during November’s presidential elections.

“Truth is, they have been trying to kick us out of the coalition for a long time now,” Gasim told the press today.

After coming third in the presidential polls, Gasim’s support was crucial in securing a win for the PPM against the opposition Maldivian Democratic Party (MDP).

Gasim’s support was given in exchange for a 35 percent stake in executive political postings and a promise to work together during subsequent local government and parliament elections.

The Progressive Coalition secured a combined total of 53 out of 85 seats in parliamentary polls, no party won enough seats to reach the 43-vote simple majority alone.

Who broke the agreement?

PPM deputy leader, and minister of tourism, Ahmed Adeeb further warned last night that he would request President Abdulla Yameen replace JP political appointees should Gasim stand as speaker.

“From [Gasim’s] actions, we are seeing him working together with the opposition Maldivian Democratic Party (MDP) to acquire the speaker’s seat,” said Adeeb.

“As MDP worked to present obstacles to this government when they held parliamentary majority, we cannot accept a coalition member working alongside them,” he continued.

PPM leader and former President Maumoon Abdul Gayoom had also written to Gasim, describing a recent meeting with MDP leader and former President Mohamed Nasheed as being against the “coalition’s spirit”.

During the meeting at Gasim’s residence last month, Nasheed had signalled the MDP’s support for Gasim – a stance reiterated today.

Gasim subsequently called a press conference today during which he argued it was not his party but the PPM, which had breached the agreement.

Holding up the agreement, he said coalition partners had agreed to hold discussions to resolve any issues not included therein.

The PPM had unilaterally informed him they would nominate separate candidates for the position, said the JP leader, who also complained of not receiving the party’s quota of appointments.

“The agreement says 35 per cent of political appointments will be given to us, which would amount to between 90 to 40 posts when we consider the total number of political appointments in this government. However, today we have only about 29 slots,” Gasim explained.

Gasim stated that he had received the support of President Yameen, Defence Minister Mohamed Nazim, and Adeeb prior to publicly announcing his candidacy.

“Nazim and Adeeb said it’s a good decision and wished me luck. No one asked me to not put my name forward or mentioned they wanted to further discuss the matter. Then without any notice, they make this announcement about breaking up the coalition,” Gasim said.

“I will always work for the rights of the people. We do not want another administration where the president can unilaterally call the shots on all matters. We need a democratic system,” he continued.

JP MP Ahmed Sameer added that the coalition agreement signed by Gayoom and Deputy Leader Abdu Raheem explicitly stated that the agreement will be in effect until November 11, 2018.

“So how can they just break up the coalition like this? What more is there to say about people like them? Where is the justice in these actions of theirs?” Sameer asked.

“Parliament must be led by PPM”

Speaking to local media yesterday, President Yameen said he believed Gasim must withdraw from the speakership claiming it to be the “general norm around the world” for the majority party to hold the speaker’s seat.

Contrary to the JP’s claims, he claimed that the PPM had sent Gasim a number of letters and held discussions on the matter.

The PPM yesterday announced that it planned to nominate the party’s parliamentarians Abdulla Maseeh and Abdu Raheem Abdulla for speaker and deputy speaker, respectively.

Current Deputy Speaker of parliament Ahmed Nazim – affiliated with the PPM – has also expressed interest in the position, though Yameen has expressed confidence that Nazim would not run against the party’s wishes.

Meanwhile, the deputy leader of second coalition partner the Maldivian Development Alliance (MDA), Ahmed Amir, has also announced he will be running for speaker.

Saying that the PPM announced its nominees after he had already decided to contest,  Amir said he had no intention of withdrawing his name, though the PPM has promised action against any competing coalition candidates.

The MDP announced last Friday (May 23) that the party’s 25 MPs-elect would back a candidate who support’s the parties policies, including judicial reform, empowerment of local councils as well as the introduction of a progressive income tax and a minimum wage.

Following the signing of three out of the five independent candidates elected to the 18th parliament, the PPM currently has 37 seats, followed by the opposition MDP with 25 seats, the JP with 15 seats, the MDA with five seats, and the religious conservative Adhaalath Party with one seat.

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Orientation for new MPs session held today

An orientation session to familiarise the new intake of MPs set to be sworn in later this week was held at Traders hotel today.

Organised by the Majlis Secretariat and the UNDP, the event is to introduce newly elected MPs to the parliament’s work and procedures, reported Haveeru.

Only a third of those who won seats for the 18th Majlis are incumbents.

The Progressive Coalition – made up of the Progressive Party of Maldives, Jumhooree Party, and the Maldives Development Alliance – secured 53 out of 85 seats in the March 22 parliamentary polls.

The Maldivian Democratic Party (MDP) won 26 seats while independent candidates won five seats and the religious conservative Adhaalath Party won one seat.

Three independent candidates along with MDP MP-elect for the Thimarafushi constituency, Mohamed Musthafa, have since signed for the PPM, bringing the ruling party’s numbers up to 37 and securing a two-thirds majority for the coalition.

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Maumoon Hameed among applicants for prosecutor general position

Four current judges have applied for the latest opening for the position of Prosecutor General (PG) according to local media.

The names reported include Criminal Court Judge Muhuthaz Muhsin, Drug Court judges Mahaz Ali Zahir and Abdul Sattar Abdul Hameed, as well as Baa Hithaadhoo Magistrate Court Judge Ummu Kulsoom Aboobakuru.

Additional applicants include the former Tourism Minister Mariyam Zulfa and state prosecutor Aishath Fazna Ahmed.

Prominent lawyer Maumoon Hameed has applied for the PG post for the second time, after being rejected by the People’s Majlis four months after he was first put forward by his uncle, President Abdulla Yameen.

The PG’s position has been vacant since former PG Ahmed Muiz resigned from the post prior to a scheduled no-confidence vote last November. The opposition MDP brought the motion after suggesting Muizz had failed to take action against security forces who mutinied on February 7, 2012.

Prior the full house’s failure to approve Hameed’s nomination, the Majlis’ oversight committee had recommended that Hameed not be approved for the position, with committee chair Rozaina Adam telling Minivan News that the nominee had failed to meet the group’s assessment criteria.

The recent resignation of the acting prosecutor general Hussain Shameem has thrown thrown the justice system into confusion, with both state prosecutors and courts unsure of the legal validity of ongoing trials.

Despite calls to reconvene the Majlis, the government has maintained that cases can continue until the 18th Majlis begins its first session later this month.

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Parliament approves amendment for state to cover expenses of president’s private residence

Parliament today voted through an amendment to the law governing renumeration and benefits for the president and vice president making it mandatory for the state to cover expenses of the pair’s private residences.

If either the president or vice president choose not to live in the official residences, the amendments stipulate that the state should provide employees and cover other expenses required for the private residence out of the budget allocated for the official residence.

However, aside from expenses for maintaining security, the amendment states that the expenses should not include “any additional capital expenditures.”

The amendment bill proposed by ruling Progressive Party of Maldives (PPM) MP Riyaz Rasheed was approved with 35 votes in favour, 15 against and one abstention.

The amendments (Dhivehi) were sent to a select committee for review following preliminary debate on March 31. The opposition Maldivian Democratic Party was not represented in the committee, which consisted exclusively of pro-government MPs.

Immediately after being sworn in on November 17, President Abdulla Yameen announced he and his vice president – Dr Mohamed Jameel Ahmed –  would be fulfilling a campaign pledge of only taking half of the MVR100,000 (US$6500) salary afforded to the head of state.

“The reason behind this is that Dr Jameel and I both live a simple life. No matter what has been said about us we are not wealthy. We want to be an example to others and lead by example,” Yameen said.

After assuming office, President Yameen announced that he would continue to live in his private residence while Dr Jameel moved into the official vice presidential residence, Hilaaleege.

However, despite Yameen’s decision, the budget allocated for the official residence was increased by MVR2 million (US$130,208) in the state budget for 2014 – rising to MVR19.1 million (US$1.2 million).

In December last year, Parliament’s Budget Review Committee Chair Gasim Ibrahim – leader of the JP – said the increased budget was necessary in case the president decides to move to Muleeage.

Highlighting the increased budget for Muleeage at the time, MDP Spokesperson Hamid Abdul Ghafoor described Yameen’s decision to live in his personal house as a “symbolic act.”

“Unlike in the past, even media points out inconsistencies in what leaders say and what reality presents these days. I do not believe the public will be deluded about any of this,” Hamid said.

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Government coalition remains strong, insists President Yameen

The ruling Progressive Coalition remains strong and united despite minor problems in the coalition’s “internal dynamics”, President Abdulla Yameen told the press yesterday prior to departing on his official visit to Japan.

Asked about rumblings of discontent from coalition partners, President Yameen suggested that the main issue of contention was appointing members of coalition parties to political posts, which posed difficulties to the government.

“One thing is that I don’t want the government to be one with that many political posts. I wanted to keep political posts within some limit,” he said.

Yameen explained that he had decided that political appointees should not exceed the number of appointees under the previous administration of President Dr Mohamed Waheed.

“However, the written agreement of our coalition had higher figures than before,” he conceded.

President Waheed’s administration comprised of the same parties in the current ruling coalition.

Members of coalition parties as well as the Adhaalath Party worked hard in the presidential campaign to secure the coalition’s victory, Yameen continued, and were “awaiting some kind of post” in the government.

A second issue was the preference for appointing educated youth to political posts with a first degree as a minimum requirement, Yameen said.

Parties sought to secure appointments for its members to the boards of government-owned corporations, though Yameen said the executive’s hands were tied by the new privatisation law.

The president’s nominees are evaluated by the privatisation committee and individuals who do not meet the criteria are rejected, he added.

Similarly, nominees for diplomatic posts such as high commissioners and ambassadors must have a background in foreign affairs, Yameen said.

Tension within the coalition was caused by the difficulties in appointing members of coalition parties to their desired posts, said Yameen, though he insisted that there were no problems at the leadership level.

While the problems related to appointments could persist, Yameen said he did not believe it could “affect the coalition too much”.

The number of political appointees in the executive presently exceeds 100, with four deputy ministers on average for each ministry.

The president’s remarks came after Jumhooree Party (JP) Leader Gasim Ibrahim revealed at a rally on Saturday night that JP members have been appointed to only 29 political posts so far.

JP was promised 35 percent of all political appointees in the coalition agreement, Gasim noted.

“For example, if the government is making 400 political appointments, 29 is not 35 percent of that amount. [If it is 35 percent] there would be more. But if 29 appointments is 35 percent [of political appointments] then we are content,” the business tycoon said.

“But if we consider this figure, it should definitely reach 100. If this is not the case [we have to] look in to this.”

Friction

The JP was meanwhile absent from the celebration rally held earlier this month by the ruling Progressive Party of Maldives (PPM) and coalition partner Maldives Development Alliance.

Several unsuccessful JP candidates have contended that they lost due to PPM members contesting as independents in constituencies reserved for the JP in the coalition seat allocation deal.

Explaining JP’s absence at the celebration rally, Gasim said that the event was organised by the PPM rather than the coalition.

Gasim claimed JP leaders were not given the opportunity to speak at the rally – “not even to give words of thanks”.

He further accused the PPM leadership of refusing to grant the JP’s request to alter the agenda to allow JP members to address coalition supporters.

Following the coalition’s victory in the March 22 parliamentary polls, the PPM and JP announced that the coalition partners would be fielding separate candidates to become the next speaker of parliament.

The speaker will be elected through secret ballot following the swearing-in ceremony for MPs-elect scheduled for May 28.

On the dispute over the speaker’s post, President Yameen told reporters yesterday that discussions on the issue have not taken place yet.

Yameen stressed the importance of parliament’s cooperation for the executive to implement policies, deliver services and fulfil campaign pledges, noting that parliamentary approval was needed for obtaining loans.

No one should be allowed to either obstruct the government from providing services to the public or “slow down” the legislative process, he added.

“So for that reason I want the speaker of parliament post for my party. I know Gasim is also interested. God willing, we will discuss it further with Gasim within the coalition,” he said.

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Parliament approves ambassador for Sri Lanka as president withdraws nominee for EU post

The Majlis today unanimously approved Zahiya Zareer as the Malidves’ ambassador to Sri Lanka with 49 votes.

Zareer previously served as the Minister of Education in President Maumoon Abdul Gayoom’s administration and ran for parliament.

President Abulla Yameen’s nomination for the ambassador for Pakistan, Major General (Rt) Moosa Ali Jaleel was also sent for review by the National Security Committee as per parliament regulations.

Jaleel was the Chief of Defence Force under President Mohamed Nasheed and is revered as a national hero for his services during the attempted coup by Tamil mercenaries in 1988.

However , president Yameen today withdrew the name of Hassan Sobir whom he earlier nominated as the new ambassador to Belgium and the European Union. No official reason was given for the withdrawal.

Sobir served as the tourism minister and fisheries minister in President Maumoon Abdul Gayyoom’s administration. He also served as the ambassador for Singapore and the UK.

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