Tag: parliament

Parliament sitting proceeds with security officers

Today’s sitting of parliament proceeded with speaker Abdulla Maseeh Mohamed surrounded by People’s Majlis security personnel.

Maseeh was forced to adjourn yesterday’s sitting after opposition Maldivian Democratic Party (MDP) MPs approached the speaker’s desk and screamed into his mic.

The parliament secretariat also resumed providing a live feed of the sitting to television stations this morning, after ceasing the popular service when opposition MPs began protesting in the chamber on March 2.

However, the speaker continued proceedings while debates were inaudible to the viewing gallery due to the disorder. The speaker did not invoke authority under parliamentary regulations to order the sergeant-at-arms to expel disruptive MPs.

Earlier this week, changes proposed by speaker Maseeh to the parliamentary rules to ban horns, sirens and megaphones were approved by the pro-government majority.

During today’s debate on amendments to the import-export law, MDP MPs surrounded ruling coalition MPs and held up placards calling for the release of imprisoned opposition leader Mohamed Nasheed.

Likes(0)Dislikes(0)

Tourism ministry seizes environment regulatory powers

The parliament has granted powers to the tourism ministry to authorise developments on resorts in a move critics say will weaken the environment protection regime, and pave the way for corruption.

Amendments to the tourism law passed today transfers to the tourism ministry the Environment Protection Agency’s (EPA) powers to evaluate environmental impact assessments (EIAs) and authorise projects such as land reclamation. The agency functions as an independent body under the environment ministry.

Voting on the bill submitted by government-aligned MP Mohamed Ismail took place amid continuing protests by opposition Maldivian Democratic Party (MDP) MPs.

It was passed with 41 votes in favour after Speaker Abdulla Maseeh Mohamed asked for a show of hands.

If the amendments are ratified, resorts will have to seek authorisation from the tourism ministry for any development that could “permanently alter” the island, plot of land, or lagoon’s environment. The ministry must evaluate an EIA report before issuing permission.

EPA permanent secretary Ajwad Musthafa told the economic affairs committee during its review of the legislation last week that “the independent checks and balances system will be lost” if the regulatory powers are transferred to the tourism ministry.

The move amounts to allowing the tourism ministry to “self-regulate,” he contended.

The EIA process is the “main instrument” of the environment protection regime and adheres to international best practices, he said, noting that the reports are prepared by independent and qualified consultants.

Ajwad also objected to transferring technical experts to the tourism ministry as the agency’s “institutional capacity” was built up over a long period.

EPA director Miruza Mohamed meanwhile warned that the move could reduce funding from international donors.

However, the ruling party says “making the services available under one roof would ease the burden on investors, speed up services, and improve investor confidence.”

The involvement of other ministries and institutions in regulating resorts hinders the tourism ministry and “lowers investor confidence”.

The new provisions state that “only the tourism ministry will have the authority” to conduct assessments and authorise development projects.

The tourism ministry will also have the power to impose fines not exceeding US$5 million for violations.

Transparency and accountability

Environmental NGO Ecocare warned that the move conflicts with the environment protection law – which requires the EPA to evaluate assessments – and could “pave the way for corruption”.

“Under this particular scenario we also feel that when EPA assess and evaluates EIA reports, it is a more transparent practice than leaving this to the Tourism Ministry, who carry out the evaluation and awarding of bids for tourist resorts,” Ecocare said in a press release today.

The current system put in place by the Environment Protection and Preservation Act includes checks and balances and assures transparency and accountability, Maeed Mohamed Zahir from Ecocare told Minivan News today.

With the changes to the law, an unscrupulous official at the tourism ministry can grant approval “regardless of the effect on the environment,” he said.

Opposition Maldivian Democratic Party (MDP) MP Fayyaz Ismail said at the committee last week that the tourism ministry presently “discriminates” in issuing and suspending operating licenses to resorts.

Fayyaz warned that officials could misuse the authority to approve development projects on resorts and selectively impose fines at whim.

MP Ali Fazad, a ruling Progressive Party of Maldives MP, also expressed concern with the amendments conflicting with the existing environment law as “two laws would have two [provisions] for the same thing”.

However, all ruling coalition MPs on the committee voted in favour of the bill and forwarded it to the parliament floor.

The law also introduces a new scheme to allow the extension of resort leases to 99 years for a lump sum payment of US$5 million.

The changes aim to incentivise investors, make it easier to obtain financing from international institutions, and increase revenue for the government.

To be eligible for a lease extension, a resort property must be operational with an existing lease period of 50 years and must not owe money to the government.

Under the current Tourism Act, the maximum lease period for resorts or hotels is 50 years. However, the constitution allows leases up to 99 years.

Likes(0)Dislikes(0)

Horns and megaphones banned in parliament chamber

The People’s Majlis today banned the use of horns, sirens and megaphones in the parliament chamber following weeks of protests by opposition MPs.

MPs of the Maldivian Democratic Party and Jumhooree Party have been protesting since March 2 over the arrest and imprisonment of former president Mohamed Nasheed on terrorism charges.

Opposition MPs continued protests with horns and megaphones today, but Speaker Abdulla Maseeh Mohamed called for a vote on the changes proposed to the parliamentary rules despite the disorder in the chamber.

The changes were proposed by the speaker and approved with 43 votes in favour at today’s sitting.

The debate on the bill was once again inaudible to the viewing gallery and the parliament secretariat ceased providing a live feed of the sittings to television stations this morning.

“Work on bringing an end to the MDP’s horns by amending article 51 of the parliament rules is on the agenda today,” tweeted majority leader Ahmed Nihan before today’s sitting.

Nihan was not responding to calls at the time of publication.

MDP spokesperson Imthiyaz Fahmy told Minivan News today that opposition MPs will continue the protests.

With daily anti-government demonstrations and heightened political tension, the state of the nation shall be reflected in the People’s Majlis, he said.

“While democratic principles are destroyed and political leaders are jailed, the Majlis is a place where such issues can be resolved,” he said.

The MPs are calling for a resolution to the political crisis, but the “current majority party does not want to listen,” he added.

Imthiyaz also questioned the need for the changes as the rules allow the speaker to order the sergeant-at-arms to expel MPs who disrupt sittings.

He contended that laws were passed in recent weeks in violation of parliamentary rules as voting took place with disorder in the chamber.

Constituencies represented by opposition MPs did not have a say either, he added.

Previous speakers resolved disputes through dialogue with political parties, but the current speaker “is too dictatorial and doesn’t even want to talk to the minority,” he said.

Maseeh is conducting sittings in violation of the rules while insisting that there was order in the chamber despite the protests, Imthiyaz said.

But neither the speaker nor MPs were able to hear debates, he noted.

Last week, a three-month delay for the implementation of the new penal code was approved with a show of hands amid protests by MDP MPs.

Rules of procedure

The new provisions state that cases of MPs who use horns or megaphones and approach the speaker’s desk will be investigated by the ethics committee.

The committee can cut 55 percent of an MPs’ monthly committee allowance and suspend participation in an official parliament trip for six months.

Imthiyaz said the proposed punishment was “ridiculous” as it amounted to undoing or erasing committee attendance.

MPs receive a monthly allowance of MVR20,000 for attending more than 50 percent of committee meeting.

The purpose of today’s changes to impose pay cuts on opposition MPs as the ruling coalition lacked two-third majority required by the constitution for non-payment of salaries and allowances, he said.

He also noted that the MDP parliamentary group leader sent a letter to Maseeh expressing concern with sittings taking place in violation of the rules.

However, in a meeting last week, Maseeh insisted that he was following the rules.

Imthiyaz also objected to the speaker refusing to allow MDP MPs to speak during debates and advocate on behalf of their constituents.

At a previous sitting, deputy speaker ‘Reeko’ Moosa Manik refused to allow MDP MP Mariya Ahmed Didi to speak.

Imthiyaz said Mariya was seated, but the deputy speaker said the MDP MP will not be allowed to speak while her fellow MPs were protesting.

Likes(0)Dislikes(0)

Police in row with opposition MP over tweet

Police have accused opposition MP Rozaina Adam of posting a photo of a police officer on Twitter to intimidate security personnel.

Rozaina had accused the officer in question of obstructing her car on Wednesday night while she was heading to the parliament for a committee meeting.

The MDP said in a statement today that police officers had refused to remove a barricade set up near Dharumavantha School to allow Rozaina’s car through.

When one officer tried to let the car pass, another officer insisted that they must seek permission from a superior officer, the party said.

However, he removed the barricade after talking on a handheld transceiver.

Rozaina posted a tweet with a photo of the officer, her account of the incident, and an article from the parliamentary privileges law, urging police to “keep officers near barricades after teaching them the law.”

“If we are stopped on the way to Majlis, police will have the opportunity to stop us on the road until a vote is taken,” she argued.

However, police said a fire evacuation drill was ongoing at a nearby school at the time and said the officer had informed the senior officer in charge that a car will be passing through as the students were preparing to rush out.

Police criticized Rozaina for posting the photo of the officer, saying her intent was to intimidate, undermine public confidence in police, and bring the institution into disrepute.

The MDP said the police statement was symptomatic of the politicisation of the institution and its senior officers, whom it accused of bearing personal animosity towards opposition MPs.

The opposition party advised senior officers against exerting “political influence” over junior officers and against encouraging illegal actions.

Likes(0)Dislikes(0)

New penal code will ‘bury’ Islamic sharia

A religious NGO has said the new penal code will “bury” the principles of Islamic sharia in the Maldives, as it does not criminalise apostasy or include punishments of stoning for adultery and amputation for theft.

“We note with regret that this law has been formulated on a secular, liberal basis that is alien to the purposes of Islamic sharia, after changing the whole shape of the Islamic sharia that should be enforced upon Muslims in an Islamic country,” the conservative Jamiyyathul Salaf said in a statement on Sunday.

Salaf’s statement was released shortly before the pro-government majority in parliament delayed implementation of the penal code by three months, a day before it was due to come into force.

Ruling party MP Ahmed Nihan said more time is needed to raise awareness among the public and address concerns of religious scholars.

The law was ratified on April 13 last year, nine years after it was first submitted to parliament.

The current penal code was adopted in 1968 and has been widely criticised as outdated, draconian and unsuited to the 2008 constitution. The new law has meanwhile been touted as the first time Islamic sharia has been codified while upholding minimum international human rights standards.

However, Salaf claimed attempts to portray the law as sharia-compliant were intended to “deceive the citizens of a 100 percent Islamic nation”.

As the law currently states that shariah punishments must be meted out only for crimes with a punishment fixed in the Quran, Salaf argued that it “completely does away with” the Sunnah (Prophetic traditions) under a “secular philosophy”.

The Sunnah is one of the “fundamental sources” of sharia law and specifies how punishments prescribed in the Quran must be enforced, Salaf said.

The law will also make it easier for criminals to escape punishment and encourage youth to offend, Salaf contended, claiming it was drafted by lawyers with a view to increasing their income.

The language of the law and criteria for constituting a crime are “alien to the principles of Islamic criminal jurisprudence,” Salaf argued.

The mandatory punishment for wrongfully accusing a chaste Muslim of adultery or homosexuality in the law is a jail term of no more than four years, Salaf noted, while meting out the sharia punishment of 80 lashes is left to the discretion of judges.

The offences of ‘murder and reckless manslaughter,’ ‘involuntary manslaughter,’ and ‘negligent manslaughter’ are based on English common law and is contrary to the degrees of murder in sharia, Salaf said.

Several punishments fixed in the Quran and Sunnah such as amputation of the hand for theft, death by stoning for adultery, death for highway robbery, and death or banishment for apostasy are not enforced in the Maldives.

However, flogging for pre-marital sex is implemented while the current administration has ended a six-decade moratorium on the death penalty.

Codifying sharia

In an op-ed published on newspaper Haveeru on April 7, former deputy prosecutor general Hussain Shameem stated that the Maldives is the first Islamic country to pass a criminal law in accordance with sharia and international standards.

While sharia punishments are specified in laws of other Islamic nations, Shameem said the Maldives’ penal code was drafted on the basis of codifying sharia.

“Therefore, the law will not include parts of principles contrary to Islam,” he wrote.

The law criminalises fornication, eating during daylight hours in Ramadan, consumption of alcohol and pork, and anti-Islamic activities, he added.

All crimes with punishments prescribed in the Quran are included, he continued, including the death penalty for murder.

“Therefore, the new penal code of the Maldives is in line with Islamic sharia and a victory for Islamic sharia,” Shameem asserted.

As a senior legal consultant at the Legal Sector Resource Centre established by the attorney general’s office with assistance from the UNDP, Shameem has been involved in training more than 1,100 individuals, including state prosecutors, lawyers, staff and members of independent commissions, customs officers, and 98 percent of police investigators.

Likes(0)Dislikes(0)

Dhiggaru by-election brought forward to June 6

The Elections Commission has brought forward the by-election for the vacant parliament seat for the Dhiggaru constituency to June 6.

The commission previously scheduled the election for June 13 after ruling party MP Ahmed Nazim was found guilty of defrauding the state of MVR1.4 million (US$91,400).

The Supreme Court sentenced Nazim to 25 years in prison on April 6, overturning lower court rulings that dismissed the corruption charges against the former deputy speaker of parliament.

The ruling Progressive Party of the Maldives (PPM) has invited interested candidates to seek the party’s ticket while the opposition alliance has said it will field a single candidate.

The opposition Maldivians Against Brutality coalition, made up of Adhaalath Party, Maldivian Democratic Party, and members of the Jumhooree Party, said they are holding discussions on fielding a single candidate against the PPM.

Adhaalath spokesperson Ali Zahir and a PPM member on the Meemu atoll council, Moosa Naseer, have expressed interest in standing for the vacant seat.

Likes(0)Dislikes(0)

Penal code delayed amid opposition MPs’ protest

Parliament has approved a three-month delay for the implementation of the new penal code amid vociferous protests by opposition MPs on the People’s Majlis floor.

The new penal code was ratified a year ago and was due to come into force tomorrow, but the ruling Progressive Party of Madives (PPM) claims more time is needed to raise awareness among the public.

However, both the attorney general and prosecutor general have said there is no reason to delay enforcement. The government has trained some 1,100 individuals including state prosecutors, police officers, customs staff, lawyers and journalists on the new law.

Critics say the existing penal code adopted in 1966 is outdated, draconian and not in line with international human rights conventions the Maldives is signatory to.

The main opposition Maldivian Democratic Party (MDP) contends that the postponement is a “politically motivated attempt to continue using the current penal code as a means to harass and intimidate the opposition.”

Hundreds of protesters face harsher punishment for ‘disobedience to order,’ a charge MDP argues the government uses to suppress rights to expression and assembly.

While similar offences are included in the new penal code, the punishment for protesters who do not have a criminal record would have been less severe as judges are required to take mitigating factors into consideration under sentencing procedures.

Show of hands

The government-sponsored amendment bill to the penal code was passed with 43 votes in favour and one against at an extraordinary sitting of parliament held today.

Prior to voting, MDP MPs took over the speaker’s chair and the secretariat desk and protested with megaphones and sirens, leaving Speaker Abdulla Maseeh Mohamed unable to use the electronic voting system and forcing secretariat staff to vacate their chairs.

In a scuffle between pro-government and opposition MPs, PPM MP Ahmed Assad grabbed and smashed one of the megaphones.

Pro-government MPs meanwhile surrounded Speaker Maseeh as he used a megaphone to ask for a show of hands. The secretary-general walked around the chamber and took the count.

Adhaalath Party MP Anara Naeem voted against the legislation.

MDP MPs have said the voting took place in violation of parliamentary rules as there was disorder in the chamber.

“During this time of increased political opposition to the [Abdulla] Yameen government, the MDP condemns the government’s use of their political majority to cripple the criminal justice system and restrict the rights of all Maldivians,” the party said in a statement.

However, majority leader Ahmed Nihan said former Speaker Abdulla Shahid had called a vote under similar circumstances in 2011, which can be considered a precedent under the standing orders.

Human rights NGO Maldivian Democracy Network has called on President Yameen not to ratify the amendments as the current law “is widely understood as draconian and unreflective of the democratisation process that was introduced to the Maldives through the constitution ratified in August 2008.”

Preparations

Speaking at a symposium about the new penal code yesterday, Attorney General Mohamed Anil said the country should bid farewell to the existing law “without any fear” as it was unsuited to the present day.

Former Prosecutor General Hussain Shameem told Minivan News today that 98 percent of police investigators have been provided extensive training as part of preparations for implementing the penal code.

Shameem has been involved in the training as a senior legal consultant at the Legal Sector Resource Centre established by the attorney general’s office with assistance from the UNDP to train and sensitise stakeholders.

A phone application for the penal code was launched yesterday and 12 information papers were published on the penal code website, he added.

Shameem noted that the website features an ‘ask us’ interactive function, marking the first time questions can be posed to experts regarding a Maldivian law.

“So the government is ready. The public are ready as all this information has been provided through the media as well. The documents and phone application are available. We have never been more prepared for a law than this,” he said.

Majority leader Nihan meanwhile told reporters that the PPM parliamentary group did not consult the attorney general’s office before today’s vote.

Nihan said ruling party MPs did not believe the public was adequately prepared, adding that the state broadcaster should show educational television programmes.

Revisions based on issues raised by religious NGOs can also be incorporated during the next three months, he said.

NGO Salaf said today that the new penal code is contrary to the principles of Islamic Sharia.

Likes(0)Dislikes(0)

New penal code delayed by three months

Parliament’s national security committee plans to defer by three months the enforcement of the new penal code, which will bring widespread changes to the Maldivian legal system, reports Haveeru.

The penal code is due to come into force on Monday, April 13 but ruling Progressive Party of Maldives MP Jameel Usman told the local daily that he believed more time was needed to raise awareness among the public.

The current penal code was passed in 1966.

Maldivian Democratic Party MP Mariya Ahmed Didi accused the government of delaying implementation of the new code in order to prosecute opposition supporters and mete out harsh punishments under existing laws.

At today’s meeting of the oversight committee, which is dominated by pro-government lawmakers, Usman proposed adding a clause to the penal code to postpone its enforcement.

The oversight committee was reviewing a government-backed bill submitted to bring minor changes to the new penal code ahead of its enforcement. Usman’s clause has been added to the amendment bill after a majority of the committee’s MPs voted in favour.

A sitting of parliament is meanwhile expected to take place on Sunday for voting on the bill. If the legislation is passed, President Abdulla Yameen will have to ratify it on the same day to postpone the implementation.

The revised penal code was passed on April 1, 2014 with a one-year period to prepare institutions for the seminal changes to the criminal justice system.

Likes(0)Dislikes(0)

President seeks changes to law barring Nasheed from MDP

President Abdulla Yameen has vetoed changes to the prison and parole law that would have stripped ex-president Mohamed Nasheed of his membership and leadership position in the opposition Maldivian Democratic Party (MDP).

However, the changes are expected to pass through parliament in an adjusted form that would still bar Nasheed from leading the MDP.

President Yameen reportedly advised parliament to adjust the planned changes so that convicts can remain members of political parties and associations, but did not recommend removing a clause barring them from leadership posts.

Critics of the government believe that clause is aimed specifically at Nasheed, who was jailed last month for 13 years on terrorism charges.

The president returned the bill to parliament for reconsideration yesterday and recommended revisions in light of issues raised by the attorney general, the President’s Office said.

Government-sponsored amendments to the Prisons and Parole Act had been passed on March 30 with 42 ruling coalition MPs voting in favour.

Nasheed was found guilty of terrorism last month over the detention of the criminal court chief judge in January 2012 and jailed for 13 years. The MDP contends that the charges were politically motivated, while the trial was widely criticised by the international community for its apparent lack of due process.

President’s Office spokesperson Ibrahim Muaz Ali and Majority Leader Ahmed Nihan were not responding to requests for comment at the time of publication.

Muaz told online news outlet CNM yesterday that the bill was unclear as to whether inmates could remain members of political parties, because of the ambiguous phrasing of the clause.

Muaz said the president believes the clause conflicts with the constitutional right to establish and participate in political parties.

Stripping convicts of political party membership would pose challenges to the Elections Commission in processing membership forms and maintaining registries of political parties, Muaz said.

President Yameen suggested rephrasing the clause to allow convicts to remain members of political parties and private associations, said Muaz, and to exempt detainees who have not been convicted of a crime.

Muaz noted that according to the constitution, fundamental rights and freedoms can only be limited to any extent “only if demonstrably justified in a free and democratic society”.

Speaking at a rally last week, MDP Chairperson Ali Waheed claimed Attorney General Mohamed Anil had advised parliament that the amendment was unconstitutional.

The chairman of the committee that was reviewing the legislation – ruling Progressive Party of Maldives MP Ibrahim Riza – kept the attorney general’s letter secret from other MPs, Waheed alleged.

Waheed declared that Nasheed remains the party’s leader and its presidential candidate for elections scheduled in 2018.

Voting on the bill meanwhile took place while MDP MPs were protesting inside the parliament chamber.

MDP MP Eva Abdulla told Minivan News at the time that the party would not accept the government using the People’s Majlis as “an extension of its tyranny to strip us of our democratic rights.”

“No amount of backtracking can strip him of the fact he formed the first political party in the country and became its first democratically elected leader. Or the fact that those who vote for this amendment today would not be in a political party if not for the hard work of this man to win them that freedom,” she said.

Likes(0)Dislikes(0)