MDP – Page 29 – Minivan News

Government’s reaction to death threats is a test of democracy: IPU

The Inter-Parliamentary Union (IPU) has called on the Maldives to make a speedy investigation into the death threats against opposition MPs and to offer them full protection.

The statement follows a series of death threats made against seven Maldivian Democratic Party (MDP) MPs on Saturday night (August 2).

“IPU is deeply concerned by these acts of intimidation against MPs in a country where many parliamentarians have been victims of attacks, harassment and arbitrary arrests in recent years,” said the IPU.

Secretary General Martin Chungong said “the authorities’ response to the threats and their capacity to promote, with the help of the opposition, real inclusiveness and political dialogue will be a litmus test for the democratic process in the Maldives.”

“The authorities must act with the necessary resolve to bring the culprits to justice,” continues the statement.

MP Eva Abdulla – a recipient of the threats, and the first Maldivian member of the IPU – told Minivan News that she had received no update from the authorities regarding any investigation or protection after reporting the incident three days ago.

“I am alarmed the parliament has not said anything,” she said.

“The MNDF should take some action, the Majlis have not said anything, and the Inter-Parliamentary Union is speaking before the parliament,” Eva added.

Meanwhile, police claimed that an investigation had been launched on the day the threats were received, with a spokesman describing the investigation as “going very fast”.

When asked about the level of security offered to MPs, the spokesperson stated that it was the responsibility of the Maldives National Defence Force (MNDF) to provide a bodyguard.

Both the police and the MNDF were unwilling to comment on the level of protection currently offered to MPs.

The Sergeant-at-Arms – the head of the Majlis’ independent security team – told Minivan News that he had been informed of the threats, adding that the usual procedure was to inform MNDF and the police.

He suggested that authorities have no capacity to track who sends these threats, a point previously contested by the opposition who have suggested those culpable are being protected from prosecution.

Threats

In the death threat sent to MPs on Saturday, the perpetrators referred to the murder of Ungoofaaru constituency MP and Islamic scholar in October 2012.

“It is not a sin to kill those who challenge Allah’s words and call for freedom of religion. Afrasheem Ali was an example,” read the message.

While the murder of Dr Afrasheem was the most shocking attack on an elected representative in the country’s history, former MDP MP Alhan Fahmy was left unable to walk for months after being stabbed in the back in February this year.

The safety and rights of MPs have previously been a concern of the IPU, who in November 2013 arranged an emergency visit to the Maldives.

The organisation’s request for an urgent visit was prompted by the growing list of cases involving Maldivian MPs – 24 in total – filed with the IPU’s Committee on the Human Rights of Parliamentarians.

Death threats made against those in the public eye have become a norm in Maldivian cyberspace. Politicians, bloggers, and social media users have reported receiving threats for a range of reasons, from their support of a particular political party to their advocacy of freedom of religion.

Earlier this week, 15 journalists from different media outlets received SMS threats in relation to the coverage of gang violence in the capital Malé.

The Human Rights Commission of the Maldives (HRCM) has previously expressed concern over the prevalence of cyber threats, and urged victims to report threats made via Facebook, Twitter, or comments on blog posts to the police.

“In light of recent events, at a time of high levels of intolerance, and increase in gang related violence, do not treat any form of cyber threat as an idle threat,” said HRCM Vice President Ahmed Tholal.

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MPs debate allowing civil servants to campaign for public office

The government has proposed revisions to the Civil Service Act that would allow civil servants to campaign for public office without resigning from their jobs.

“If these amendments are passed, our civil service employees would be able to campaign for elected posts while remaining in their jobs and have the opportunity contest elections,” explained Progressive Party of Maldives (PPM) MP Mohamed Ameeth Ahmed Manik at today’s sitting of the People’s Majlis.

Presenting the legislation (Dhivehi) on behalf of the government, the MP for Raa Madduvari explained that the amendments to the 2007 law were part of a raft of bills proposed by the government to bring outdated laws in line with the new constitution adopted in August 2008.

Opposition MPs have expressed concern that the changes may lead to the politicisation of the civil service, which currently employs just under 25,000 Maldivians – over 7 percent of the population.

Ameeth meanwhile noted that the Supreme Court had ruled Article 53 of the act was unconstitutional.

In September 2011, the Supreme Court backed a ruling against the prevention of civil servants’ participation in political activities.

The courts referred to Article 30(a) of the Constitution, which states, “Every citizen has the right to establish and to participate in the activities of political parties.”

The case was filed at High Court in late 2008 by Mohamed Hanim, who was demoted from his post as director general at the Ministry of Youth and Sports after he spoke at a campaign rally of the then-opposition Dhivehi Rayyithunge Party.

Ameeth noted today, however, that the revisions would establish boundaries for civil servants who wish to be active in politics.

The amendments would prohibit civil servants from using powers to directly or indirectly influence political activities as well as participating in political activity either during official working hours or in a way that casts doubt on impartiality in the performance of duties.

Additionally, civil servants would be prohibited from filling any post in a political party or submitting a form to register a political party.

The restrictions were necessary to ensure that the civil service was free of political bias and undue influence, Ameeth said.

The amendments also stipulate that political appointees, judges, employees at state-owned enterprises, soldiers, and staff at the judiciary and parliament would not be considered civil servants.

Article 77(d) of the Civil Service Act – which prohibits campaigning for public office – would meanwhile be abolished.

Despite Ameeth’s claims, however, the bill does not propose abolishing Article 51 of the act, which stipulates that civil servants must resign six months ahead of contesting an election.

Conceding that the draft legislation could have shortcomings, Ameeth appealed for MPs to offer “constructive” criticism and noted that stakeholders could be consulted at the committee stage to address concerns of civil servants.

Debate

In the ensuing debate, opposition Maldivian Democratic Party (MDP) MP Ali Azim alleged that the main purpose of the bill was to “force all civil servants to join PPM.”

He further claimed that employees hired for government-owned corporations were forced to sign PPM membership forms.

MDP MP Abdulla Shahid – former speaker of parliament – contended that the amendments would return civil servants to the “enslavement” of the years before 2007, warning that it could be used to dismiss large numbers of civil servants.

Civil servants could be fired if they refuse to attend “certain rallies” or put up campaign posters, he claimed.

MDP MP ‘Reeko’ Moosa Manik meanwhile called on the government to set a minimum wage of MVR4,500 (US$292) a month for civil servants.

Statistics published by the Civil Service Commission in June showed an estimated 40 percent of civil servants are paid less than MVR4,999 (US$324) per month.

MDP MP Mariya Ahmed Didi noted that current President Abdulla Yameen – who resigned from the government and formed the People’s Alliance party in 2008 – had backed the legislation in the 16th parliament (2003-2008).

The prohibitions in the law were intended to establish a “professional civil service” and ensure “institutional memory,” she said.

Civil servants would have an undue advantage over other candidates since they could misuse their authority, she suggested.

Majority Leader Ahmed Nihan, however, insisted that former President Maumoon Abdul Gayoom deserved “full credit” for creating an independent civil service.

The present administration also deserved gratitude and praise from civil servants for ensuring the right to participate in political activity, he added.

MP Ahmed Amir of the Maldives Development Alliance (MDA) – coalition partner of the ruling PPM – meanwhile suggested seeking advice from the Supreme Court when the legislation is reviewed by committee.

While the amendments prohibit civil servants from being a signatory to a request to form a political party, Amir noted that the constitution guarantees the right to form political parties to all citizens.

PPM MP Abdulla Rifau said it was “regrettable” that parliament had not amended the law in light of the Supreme Court ruling.

The PPM government would ensure that civil servants receive a pay rise when the economy improves, he added.

Rifau went on to accuse employees in the health sector of “pestering” the government with politically motivated acts of sabotage.

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MDP condemns death threats received by Majlis members

The Maldivian Democratic Party (MDP) have condemned death threats received by six MDP MPs last night (August 2), and called on the Progressive Party of the Maldives (PPM) to desist in sheltering radical suspects.

“[T]he PPM government continues to shelter radical suspects and is yet to name or arrest a single suspect accused of having issued such threats in previous cases lodged by the MDP,” read an MDP statement.

The MDP confirmed that MPs Mariya Didi, Rozaina Adam, Eva Abdulla, Ali Azim, Parliamentary Group Leader Ibrahim Mohamed Solih and former Speaker Abdulla Shahid all received death threats.

Two threats were sent to each MP via text message. The first message read, “[We] will kill you if you behave inappropriately.” The party suggested that the police had the technical capability to identify unlisted numbers.

The second read, “It is not a sin to kill those who challenge Allah’s words and call for freedom of religion. Afrasheem Ali was an example.”

In June the party requested that police investigate a series of threats made via Twitter against its members, including former President Mohamed Nasheed.

The MDP statement went on to note the recent spate of murders taking place around the capital, as the number of violent attacks reported rises to nine.

“The Maldivian Democratic Party notes with concern that the present climate of fear in Male’ and several islands began to escalate following Home Minister Umar Naseer’s constitutional powers as the Minister in charge of Police being reduced on 24 July 2014 by his former political rival President Yaameen Abdul Gayoom.”

Writing on her Twitter account, Eva Abdulla challenged the Maldives Police Service to investigate the matter. “You have the means to investigate, if you have the will,” Eva stated.

“[The] police have the means to look this up, if they have the will to do so. If they do not (as they did not with any of the complaints I lodged past two years) well at least I will know this is govt-approved. [sic]” Eva added on social media.

Police have confirmed with Minivan News that they are investigating the matter, but declined to give any more information on the details of the case.

Dr Afrasheem Ali’s murder in October 2012 was the most high profile attack on a member of parliament in the country’s history.

In the second death threat sent to MPs yesterday, the perpetrators referred to the attack on the former Ungoofaaru constituency MP and Islamic scholar.

The ensuing investigation found the crime to have been premeditated and politically motivated. On January 16 2014, the Criminal Court sentenced the prime suspect in the murder, Hussain Humam, to death.

Meanwhile, former MDP MP Alhan Fahmy was unable to walk for months after he was stabbed in the back in February.

The safety and rights of MPs have previously been a concern of organisations such as the Inter-Parliamentary Union (IPU), who in November 2013 called for an emergency visit to the Maldives.

The organisation’s request for an urgent visit was prompted by the growing list of cases – 24 in total – involving Maldivian MPs filed with the IPU’s Committee on the Human Rights of Parliamentarians.

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Majlis approves Criminal Court Judge Muhthaz Muhsin for prosecutor general post

The People’s Majlis has today approved Criminal Court Judge Muhthaz Muhsin for the post of prosecutor general (PG).

Muhsin’s nomination for the role – vacant since November – received 62 votes in favour, and seven votes against, while 12 MPs abstained.

President Abdulla Yameen had nominated Muhsin and his nephew Maumoon Hameed for parliamentary approval on June 2. As Muhsin’s name was put to a vote first and approved, Speaker Abdulla Maseeh Mohamed did not call a vote for Hameed.

Thirteen MPs of the opposition Maldivian Democratic Party (MDP) also voted in favour of Muhsin.

They were Addu Meedhoo MP Rozaina Adam, Felidhoo MP Ahmed Marzooq, Hithadhoo South MP Ali Nizar, mid-Hithadhoo MP Ibrahim Mohamed Didi, Hulhuhenveiru MP ‘Reeko’ Moosa Manik, Komandoo MP Ahmed Nashid, Kulhudhufushi North MP Abdul Gafoor Moosa, Kurendhoo MP Abdul Bari Abdulla, Addu Maradhoo MP Ibrahim Shareef, mid-Henveiru MP Ali Azim, Mulaku MP Ibrahim Naseer, Vaikaradhoo MP Mohamed Nazim, and Velidhoo MP Abdulla Yameen.

While the Jumhooree Party (JP) decided today that its 12 MPs would abstain in the vote, JP MP for Kendhoo Ali Hussain voted in favour of Muhsin.

MDP MP for Alifushi, Mohamed Rasheed Hussain ‘Bigey’, joined the remaining 11 JP MPs in abstaining while all seven MPs who voted against Muhsin belonged to the opposition MDP.

The MDP parliamentary group had reportedly decided last night to issue a three-line whip against Hameed and to give its 23 MPs a free whip to vote as they chose for Muhsin.

With 20 MPs in attendance at parliamentary group meeting last night, the proposal by Deputy Speaker Moosa Manik was passed with 13 votes in favour.

Meanwhile, at a parliamentary group meeting on Saturday (July 19), MPs of the Progressive Party of Maldives (PPM) decided to endorse Muhsin despite the party’s leader, former President Maumoon Abdul Gayoom, urging ruling party MPs to vote for his nephew Maumoon Hameed.

Majority Leader MP Ahmed Nihan confirmed to Minivan News that a three-line whip was also issued for PPM MPs to vote for Muhsin.

All PPM MPs in attendance along with MPs of coalition partner Maldives Development Alliance (MDA) voted in favour of approving Muhsin as the new PG.

“Puppet”

Maumoon Hameed has meanwhile criticised the PPM MPs’ decision on his Facebook page.

“The reasoning behind the decision of the PPM parliamentary group this afternoon apparently went something like this: ‘He won’t do as he’s told!'” he wrote.

“Given this reasoning, and the evident desire to install a puppet instead of someone who will uphold the law without fear or favour, I applaud the decision to endorse someone (anyone!) other than me.”

Responding to the post, former MP Mohamed ‘Colonel’ Nasheed alleged that PPM MPs on the independent institutions oversight committee were instructed to award zero percent to Hameed and 100 percent to Muhsin during the vetting process.

Following evaluation of the nominees at a closed session based on academic qualifications, experience, and competence, the oversight committee awarded Hameed 33 percent and Muhsin 67 percent and decided against recommending either nominee for approval.

In a letter to PPM Parliamentary Group Leader Nihan demanding an explanation of the PPM-majority committee’s decision, Gayoom had contended that the committee meeting where the nominees were interviewed was conducted in violation of parliamentary rules.

In the wake of the PPM parliamentary group’s decision to vote for Muhsin, MDP MP Rozaina Adam meanwhile tweeted, “Could President Yameen publicly humiliate President Gayoom more than this? Yameen’s choice is very clear.”

Vacant PG post

Rozaina also alleged that Yameen had conspired for the previous parliament to reject Maumoon Hameed in April by ensuring that several PPM MPs would be absent for the vote.

Several pro-government MPs – including Nihan who was with President Yameen in Japan and MDA Leader Ahmed Siyam – were conspicuously absent at the sitting, which saw Hameed fail to garner the required 39 votes after falling just three votes short.

According to Article 221 of the Constitution, “The President shall appoint as Prosecutor General a person approved by a majority of the total membership of the People’s Majlis from the names submitted to the People’s Majlis as provided for in law.”

Following the previous parliament’s rejection of Hameed, President Yameen refused to submit a new nominee and opened up a third call for applicants, announcing his intention to nominate Hameed for a second time to the newly elected 18th People’s Majlis.

The PG’s post has been vacant since November 25 following the resignation of Ahmed Muiz ahead of a scheduled no-confidence motion in parliament.

Meanwhile, Acting PG Hussein Shameem’s resignation in early May brought the criminal justice system to a halt after state prosecutors went on strike, citing concerns of a lack of accountability in the absence of a PG.

However, the Supreme Court ordered prosecutors to resume work “without any further excuse” and ordered the seniormost official at the PG office to assume the PG’s responsibilities.

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MDP seeks candidate for Velidhoo council by-election

The opposition Maldivian Democratic Party (MDP) has made an announcement inviting interested members to contest in a primary scheduled for July 24 to choose a candidate to contest in a by-election for a vacant island council seat in Noonu Velidhoo.

Potential candidates were asked to submit application forms to the party’s national secretariat before 3pm next Monday (July 21). The Elections Commission (EC) have not announced a date for the by-election yet.

The party’s candidate for a vacant seat on the Noonu Kendikolhudhoo island council was meanwhile elected by default this week after no other candidates stood for the seat.

The opposition party has a majority on the five-member Velidhoo council while the parliamentary constituency that includes the island is also represented by an MDP MP.

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Thousands rally against the Israeli offensive in Gaza

Thousands of Maldivians marched in Malé on Tuesday night against the continuing Israeli offensive in Gaza.

The march set off from the Social Center and ended with a prayer for the Palestinian people in front of the stadium. Event organizer Hamna Waheed said approximately 13,000 people participated in the rally.

“It was more successful than we expected. We are planning further activities such a fair for children and for disabled children to express solidarity. We will also be sending the prayer and materials to all the islands in the Maldives,” she said.

“We are also going to hold discussions with NGOs, Palestine Brotherhood and Islamic Foundation to see what the Maldivian government can do to help.”

The rally received cross party support and was attended by several women and children.

The opposition Maldivian Democratic Party also held a separate rally on Saturday night in solidarity with Gaza and condemning government inaction on the issue.

Home Minister Umar Naseer has asked the Maldives Police Services to investigate participants for gathering against the law in front of Islamic Minister Dr Mohamed Shaheem Ali Saeed’s residence. The 2012 Freedom of Assembly Act prohibits protests against individuals at their private residences, the ministry said.

The MDP condemned Naseer’s “unconstitutional order” and said it is an attempt to undermine the right to peaceful assembly and expression.

“Home Minister Umar Naseer’s unconstitutional order is widely seen as a reaction to appease the government’s inability to digest the MDP taking the initiative and highlighting deliberate government dithering over Israeli attacks on Gaza,” the party said in a statement on Tuesday.

Naseer himself is being prosecuted for disobedience to order for calling for protesters to storm the army headquarters in 2012, MDP noted.

The case has been stalled at the Criminal Court pending Naseer’s request for transfer of the presiding judge.

The judge in June had ordered Naseer be arrested and presented to court after the minister failed to attend three consecutive hearings.

Meanwhile, Shaheem in a tweet on July 13 said he has forgiven those who gathered outside his house and verbally abused him and made his children afraid.

MDP supporters set off from the party headquarters on Sosun Magu at 10 pm carrying placards denouncing the actions of the Israeli government and showing solidarity with the Palestinian people.

MPs and party officials delivered speeches throughout the rally, condemning Israeli Prime Minister Benjamin Netanyahu and Arab countries for failure to resolve the crisis.

The party said the rally was conducted peacefully without confrontation.

“The Maldivian Democratic party had always condemned and raised its voice against foreign domination and subjugation of states as well as against murder and a slaughter of citizens. The MDP shall also be resolute and without any degree of retreat in always defending freedoms such as the right of peaceful assembly and expression,” the statement said.

Foreign Minister Dunya Maumoon has called for an immediate cease-fire.

“Israel must stop the invasion of Gaza, it should stop the killing, the airstrikes, and declare a cease-fire, and start dialogue with Palestine,” she said on Saturday.

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Oversight committee rejects President Yameen’s nominees for Prosecutor General

Parliament’s independent institutions oversight committee last night decided against recommending for approval President Abdulla Yameen’s nominees for the vacant post of Prosecutor General (PG).

According to opposition Maldivian Democratic Party (MDP) MP Rozaina Adam, the committee awarded President Yameen’s nephew Maumoon Hameed 33 percent and Criminal Court Judge Muhthaz Muhsin 67 percent following a vetting process.

A minimum score of 75 percent or marks is required for the committee to recommend a nominee for approval. The pair were interviewed by the committee last Thursday night (July 10).

Marks were awarded following evaluation of their academic qualifications, experience, competency, management skills, leadership qualities, achievements, and integrity.

The nominees will however be put to a vote on the People’s Majlis floor.

The ruling Progressive Party of Maldives (PPM) has a clear majority of the 85-member house with 43 MPs in addition to five MPs of coalition partner Maldives Development Alliance (MDA).

The independent institutions oversight committee is comprised of five PPM MPs, one MDA MP, three MDP MPs and two Jumhooree Party (JP) MPs.

The final evaluation process took place at a closed session last night where opposition MPs reportedly awarded zero marks to both nominees.

In April, Maumoon Hameed failed to garner the required 39 votes in the previous parliament – falling just three votes short – four months after he was put forward by President Yameen.

Article 221 of the constitution states, “The President shall appoint as Prosecutor General a person approved by a majority of the total membership of the People’s Majlis from the names submitted to the People’s Majlis as provided for in law.”

The independent oversight committee in the 17th People’s Majlis had also rejected Hameed’s nomination after the lawyer failed to meet the assessment criteria.

“Approval is based on a preset grading scheme, and not on members’ opinions,” MP Rozaina told Minivan News at the time.

The PG’s post has been vacant since November following the resignation of Ahmed Muizz ahead of a scheduled no-confidence motion in parliament.

Moreover, Acting PG Hussein Shameem’s resignation in early May brought the criminal justice system to a halt after state prosecutors went on strike, citing concerns of a lack of accountability in the absence of a PG.

However, the Supreme Court ordered prosecutors to resume work “without any further excuse” and ordered the seniormost official at the PG office to assume the PG’s responsibilities.

President Yameen meanwhile refused to submit a new nominee to the 17th Majlis during the crisis and opened up a third call for applicants, announcing his intention to nominate Hameed – son of former Atolls Minister Abdulla Hameed – for a second time to the newly elected 18th People’s Majlis.

Meanwhile, at its meeting last night, the independent institutions committee also awarded 68 percent to President Yameen’s nominee for the Police Integrity Commission, Adam ‘Kurolhi’ Zahir.

The committee however approved the nominations of former MP Abdul Azeez Jamal Abubakur for the newly created post of Information Commissioner with 88 percent and Aishath Zahira for deputy governor of the Maldives Monetary Authority (MMA) with 90 percent.

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Public accounts committee approves reintroducing car allowance for ministers

The People’s Majlis’ public accounts committee (PAC) yesterday approved a request by President Abdulla Yameen to reintroduce a discontinued car allowance for cabinet ministers.

A motion by Maldives Development Alliance (MDA) MP Ahmed Amir to grant the request was approved with seven votes in favour and six against after Chair MP Ahmed Nihan – parliamentary group leader of the ruling Progressive Party of Maldives (PPM) – cast the tie-breaking vote.

Opposition Maldivian Democratic Party (MDP) MPs and Jumhooree Party (JP) MPs voted against the motion. The PAC is comprised of six PPM MPs along with one MP from coalition partner MDA as well as four MDP MPs and two JP MPs.

The committee’s decision will be put to a vote on the Majlis floor.

Under the previous parliament in December 2012, the PAC had decided to discontinue an MVR6,500 (US$422) monthly salary for drivers of ministers’ cars as well as an MVR1,000 (US$65) allowance for petrol cost. Ministers were instructed to settle the expenses out of their salaries from April 2013 onward.

The PAC decision was later voted through on the Majlis floor on December 31 as part of a revised pay scheme for senior officials in the executive, judiciary, and independent institutions.

The elimination of both the salary for drivers and the fuel allowance was estimated to save 89 percent from the budget item. Cabinet ministers presently earn a monthly salary of MVR57,500 (US$3,729).

The task of determining salaries and allowances is entrusted to the PAC – also referred to as the finance committee – under section 100(a) of the parliamentary rules of procedures.

Article 102 of the constitution states, “The president, vice president, members of the cabinet, members of the People’s Majlis, including the speaker and deputy speaker, members of the judiciary, and members of the independent commissions and independent offices shall be paid such salary and allowances as determined by the People’s Majlis.”

In its meeting yesterday, the PAC also commenced a review of the state’s salary structure or pay scheme.

Executive expenses

During the debate on reintroducing the car allowance yesterday, MDP MPs suggested studying the government’s request further after summoning the finance minister.

MP Ibrahim Mohamed Solih – parliamentary group leader of the MDP – argued that it would be “irresponsible” to approve additional expenditures without scrutiny.

The proposal was however rejected by pro-government MPs after the chair said the issue had been thoroughly considered by the PAC in the previous parliament.

MDP MPs also objected to increasing expenditure on ministers while doctors and teachers were unhappy with their renumeration.

Meanwhile, a paper prepared by the parliament secretariat on expenses by the executive in 2013 was deliberated by the committee.

The paper – subsequently shared with local media – reportedly revealed that MVR913,277 (US$59,227) was spent out of the budget last year to provide the allowance to ministers under former President Dr Mohamed Waheed’s administration between April and November 2013.

The allowance was provided to the health minister, economic development minister, tourism minister, fisheries minister, defence minister, Islamic affairs minister, housing minister, youth minister, education minister, transport minister, finance minister and the attorney general.

While MDP MP Ibrahim Shareef contended that the allowance was provided in violation of public finance laws and should be investigated by parliament, MP Nihan insisted that there was no proof of wrongdoing in the document.

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Government proposes scrapping punishment for evading mandatory national service

The government has proposed scrapping a provision in a 1976 law that allows the president to banish or place under house arrest persons who evade mandatory national service after completing state-funded training or education at public schools.

Presenting the amendment bill (Dhivehi) on behalf of the government at today’s sitting of parliament, Progressive Party of Maldives (PPM) MP Abdulla Rifau said the provision contravened article 55 of the constitution, which states, “No person shall be imprisoned on the ground of non-fulfilment of a contractual obligation.”

Rifau also noted that according to article 16(a) of the constitution, fundamental rights and freedoms guaranteed by chapter two could only be restricted or limited to any extent “only if demonstrably justified in a free and democratic society.”

Debate

In the ensuing debate, PPM MP Mohamed ‘Kutti’ Nasheed argued that abolishing the provision would be a “cosmetic change” as it had become null and void with enactment of the new constitution in August 2008.

Advising a broader debate on national service, Nasheed noted that 80 percent of workers was employed by the government and 20 percent by the private sector when the law was passed in 1976 while the reverse was true at present.

“Our ground reality has changed while this law was on the books,” he said.

In 2013, Nasheed added, 7,623 students completed O’ Levels, out of which 3,123 students (43 percent) was eligible for A’ Levels after passing five subjects.

The number of students who completed A’ Levels in 2013 was meanwhile 1,725, he noted, of which 1,294 students (75 percent) was eligible to pursue higher education or bachelors degree.

While students who completed O’ Levels 40 years ago were forced to serve the government regardless of their grades, Nasheed said in the present day hundreds of people apply for job openings at government offices.

The 1976 law – comprised of 11 articles – requiring 80 percent of school leavers to join the civil service was therefore irrelevant today, he contended, with the exception of sections dealing with employees who refuse to return to work after completing government-sponsored higher education or training.

As the issue was not “clearcut,” Nasheed recommended “serious debate” on formulating new rules appropriate for present circumstances.

Unconstitutional

Opposition Maldivian Democratic Party (MDP) MP Abdul Gafoor Moosa meanwhile contended that the entire law should be abolished as it was unconstitutional.

The law was also in conflict with article 36 of the constitution on the right to education, which stipulates that the state should provide free primary and secondary education and ensure accessibility for higher education for all citizens.

While supporting the amendment, MDP MP Imthiyaz Fahmy, however, accused the government of seeking positive headlines to mislead the public.

Jumhooree Party (JP) MP Gasim Ibrahim recommended expediting the debate on the legislation “to save time” as there was consensus among MPs on approving the amendment. The JP leader noted that several similar amendments to laws in conflict with the constitution were before parliament.

Among other amendments submitted by the government to bring outdated laws in line with the constitution include revisions to the Immigration Act, Child Protection Act, and detention procedures.

In June, Attorney General Mohamed Anil told local media that 51 pieces of legislation will be submitted to the current session of parliament out of a legislative agenda comprised of 207 bills.

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