Tag: parliament

Parliament approves Rf160,000 lump sum for each MP as committee allowance back pay

Parliament’s Public Accounts Committee (PAC) on Wednesday approved a lump sum of Rf160,000 (US$10,376) for every MP, in committee allowance back pay for January through August.

The decision to approve the Rf20,000 (US$1200) monthly allowances in December 2010 was met with  protests and widespread public indignation. However in June this year, parliament rejected a resolution proposed by opposition Dhivehi Rayyithunge Party (DRP) MP Ahmed Mahlouf to scrap the allowance.

The back payment of the allowance will cost the state up to Rf 12.32 million (US$800,000), following a year in which a quarter of all parliament sessions were disrupted and at a time when the country faces a crippling budget deficit.

A Majlis official, who wished to remain anonymous, confirmed to Minivan News that following its decision, the committee asked the Speaker to issue the lump sum allowance with MPs’ salaries this month.

Deputy Speaker Ahmed Nazim, chairman of the PAC and parliamentary group leader of the minority opposition People’s Alliance (PA), was not responding at time of press.

Article 102 of the constitution states that parliament shall determine the salaries and allowances of the President, Vice President, cabinet ministers, members of parliament, members of the Judiciary, and members of the independent institutions.

The Rf20,000 allowance was initially approved on December 28, 2010 as part of a pay scheme recommended by the PAC.

The opposition-majority PAC decided earlier this month that MPs who attend less than 50 percent of committee meetings would not receive the allowance while those who attended between 50 and 75 percent would receive Rf10,000 (US$648) a month.

While MPs who attend over 75 percent of meetings would receive the full amount, those who did not wish to take the allowance would be allowed to refuse it.

Few MPs that Minivan News contacted today wished to comment on record regarding the controversial allowances.

Independent MP Mohamed Nasheed told Minivan News that he was not informed of the Public Accounts Committee decision.

“There was a decision to institute committee allowance, I know. [But] I am not in support of a committee allowance at all. And if there is any back pay, that would be awfully irresponsible,” he said.

Nasheed added that he had written to the Speaker requesting that he “not be given it and that it may not be deposited with my salary.”

Maldivian Democratic Party (MDP) MP Ahmed Hamza, a member of the PAC, meanwhile said that he too was not aware of the decision.

If a decision had been made, said Hamza, it must have been done while he was either absent or had stepped out of the committee meeting.

“I do not think it is a good idea at all,” he said. “I have expressed my disapproval at the committee when it was first discussed.”

Hamza added that he did not want the allowance. Other MDP MPs on the committee did not respond at time of press.

With the committee allowance, in addition to their existing salaries, Maldivian MPs earn just US$215 a month less than MPs in Sweden.

Breakdown of the vote to scrap the allowance, by MP.

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National Security Committee supports sending Maldives troops to UN peacekeeping operations

Parliament’s National Security Committee has voted in favor of signing a memorandum of understanding with the UN to send Maldivian soldiers to UN conflict zones for peacekeeping operations.

According to the parliament, all the members of the committee were present at the meeting last Monday when the voting was held, including Dhivehi Rayyithunge Party (DRP) MP Rozaina Adam, Peoples Alliance Party (PA) MP Abdulraheem Abdulla and DRP MP Mohamed Nashiz.

The committee will now submit the matter to parliament for approval.

On April 5, the cabinet decided to sign a memorandum of understanding with the UN to deploy Maldivian soldiers to UN conflict zones, noting that it would be important for the Maldives to contribute to these international efforts to ensure that every country, society and individual had the opportunity to live in peace and security.

The decision was then sent to the parliament for approval, and the parliament voted in favor of sending it to the National Security Committee to examine the issue further.

According to 243[b] of the constitution, “if the President, as Commander in Chief, authorizes or orders the employment of the military service in defence of the republic or as part of an international undertaking, the President shall without delay submit the authorisation to the People’s Majlis. The People’s Majlis may at any time approve the authorisation, or revoke the authorisation.”

Speaking on the matter in parliament, opposition Dhivehi Rayyithunge Party (DRP) MP, Ahmed Mahlouf, said the issue was concerning.

“This is no joke, this is a very serious issue,” he said. “I do not think any honorable member would want to send some Maldivians abroad to their deaths.”

Mahlouf said death was a real possibility in peacekeeping operations. He also noted that it was possible that terrorists would target the Maldives if Maldivian soldiers were sent to participate in peacekeeping operations.

Religious NGO Jamiyyathul Salaf also expressed concern over the issue and called on the government to withdraw the decision.

Salaf at the that time claimed that any Muslim who assisted non-Muslims in a war against Muslims would themselves be branded infidels.

“Muslims will be obliged to treat him as a non-Muslim in all ways, such as if dead, burying without enshrouding the body, burying the body with other non-believer, and when dealing with inheritance matters the terms and condition that applies to a non-believer who dies in a war against Muslims will be applied to him,” the NGO said.

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Two economic reform bills sent to committee

Two bills of the government’s economic reform package were sent to committee for further review at today’s sitting of parliament.

While the amendments to the Land Act was approved 37-34, the mortgage bill was approved narrowly with 37 votes in favour and 36 against.

The government’s economic reform package includes 18 pieces of legislation, which would introduce direct taxation, excise import duties for most commonly-used items and facilitate ease of doing business.

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Bill proposed to abolish Foreign Investment Act

Preliminary debate began yesterday on a bill proposed by the government to abolish the Foreign Investment Act of 1979, as part of its economic reform package.

At yesterday’s sitting of parliament, opposition MPs severely criticised the legislation, arguing that abolishing the Act would facilitate corruption and “bankrupt” local businesses.

Presenting the bill, MP Alhan Fahmy of the ruling Maldivian Democratic Party (MDP) said that the purpose of the bill was to open the country to unhindered investment by foreign businesses.

Kelaa MP Dr Abdulla Mausoom of the Dhivehi Rayyithunge Party (DRP) however accused the government of trying to turn the Maldives into the “money-laundering machine of the world” by removing restrictions to foreign investments.

Mausoom said that the Foreign Investment Act had been used to protect local industries and encourage joint ventures with Maldivians in the tourism industry, adding that bringing amendments to the 1979 law would be better than abolishing it.

Other opposition MPs speculated that the bill was part of an agenda to “sell off state assets” and undermine national interests and sovereignty.

While MDP MPs did not speak in the debate in the interest of expediting the legislative process, shouting matches broke out in the chamber sporadically and disrupted the debate.

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“Maldives needs postmortem facilities”: Independent MP Nasheed

A mechanism to conduct autopsies or postmortem examinations should be established in the Maldives to avoid unexplained deaths of tourists becoming “issues of national importance”, Independent MP Mohamed Nasheed advocated at parliament today.

Speaking during debate on a motion without notice prompted by the disappearance of two Japanese tourists last week, Nasheed argued that “the problem among us is not just the incidents [of tourist deaths] themselves” but the absence of a mechanism to investigate “sudden, unexpected, unexplained or suspicious deaths.”

“Incidents will occur and people will die but what we should know for certain is how it happened,” he said. “If that mechanism is established among us, every time a person disappears or is found dead, we would not have to debate it in parliament as a worrying matter of national importance.”

A coroner’s or medical examiners office could be set up to assist police, Prosecutor General’s Office and the courts, he added.

Presenting the motion, MP Ali Arif of the opposition Dhivehi Rayyithunge Party’s breakaway Z-faction said that two incidents in the space of 30 days was “proportionately high for the Maldives,” as the tourism industry was “the goose that lays golden eggs.”

Earlier this month, two British tourists died in a quad-bike accident on Kuredhu Island Resort.

Arif said that Tourism Minister Dr Mariyam Zulfa had recently expressed concern in the media over security measures, noting that resorts had not complied with notices to establish safety mechanisms to monitor tourists out at sea.

“We’ve notified the resorts three times to build watchtowers, but they keep insisting on how they can build such a huge structure. Even though it’s called a tower it does not necessarily have to be a huge structure. All we’re saying is that a system or mechanism should be established to monitor tourists out in the sea to ensure their safety. But that’s not being done either,” Haveeru reported Dr Zulfa as saying.

If the resorts were refusing to comply with notices from the Tourism Ministry, said Arif, “they should be closed immediately and put back on the market only after they are reformed.”

Arif added that a solution was urgently needed “even if it is brought through such harsh measures.”

The DRP MP for Vaikaradhoo speculated that “maybe the letters [from the Tourism Ministry] are lost at middle management.”

MP ‘Colonel’ Mohamed Nasheed of the ruling Maldivian Democratic Party (MDP) however urged MPs to be “a bit more mature” as debating every incident in parliament “leads to unwanted negative coverage in the foreign media”.

Several other MPs concurred that motions without notice – which opens the floor for a one-hour impromptu debate but does not lead to any concrete action – should not be proposed in response to every single incident involving an explained death or disappearance of tourists.

Unwarranted speculation by MPs would harm the tourism industry more than the incidents of tourist deaths, Colonel insisted, “because tomorrow the newspapers of their countries will cover it as major news since they believe the issue could only reach parliament if it was very serious,” he said.

Independent MP Ahmed ‘Sun Travel’ Shiyam, owner of Sun Hotels, meanwhile called on MPs to stop “pointing accusatory fingers” at the tourism industry.

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Bill doubling city councillors rejected after presidential veto

An amendment to the Decentralisation Act proposed by opposition Dhivehi Rayyithunge Party (DRP) MP Hassan Latheef and subsequently vetoed by President Mohamed Nasheed was invalidated at parliament yesterday.

The amendment would have doubled the number of city councillors in Male’ City and Addu City.

A motion proposed by DRP MP Dr Abdulla Mausoom to override the veto and pass the bill again did not receive the required 39 votes.

Article 91(b) of the constitution states that “any bill returned to the People’s Majlis for reconsideration shall be assented to by the President and published in the government gazette if the bill, after reconsideration, is passed without any amendments, by a majority of the total membership of the People’s Majlis.”

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Jumhoory Party MP Muthalib resigns from party

MP Ibrahim Muthalib has resigned from the opposition-aligned Jumhoory Party (JP) led by MP ‘Burma’ Gasim Ibrahim claiming that his dreams of making JP the country’s third most active party had been “shattered due to lack of cooperation.”

“Nine months ago I joined the Jumhoory Party with the hope of making it the third most active party in the Maldives, because I felt that the Maldives was in need of a third party,’’ MP Muthalib today told Minivan News. “Currently only the ruling Maldivian Democratic Party (MDP) and the opposition Dhivehi Rayyithunge Party (DRP) are really heard, and no one says a word against them.’’

He said he was not originally invited to join the JP by Gasim, but joined the party on his own wish.

‘’I have worked nine months to accomplish this but it does not seem to be happening, so I thought it would be best to resign,’’ he said. ‘’The decisions we make are not implemented in the party and the JP really needs more time to stand on its own feet and walk.’’

Muthalib said he had not yet decided to join any other party for the moment.

‘’I resigned because I did not want to remain depressed with these thoughts. For now I just want to relax and remain independent for the time being,’’ he said, adding that he still believed that the Maldives was in need of an active third party other than the DRP or MDP.

Muthalib was elected to the parliament as an independent MP.

”I have officially informed the Elections Commission (EC) and the Speaker of the parliament about my resignation,” he said.

However, newspaper Haveeru quoted Muthalib as saying that his resignation came following Gasim’s vote in favor of the appointment of Dr Ibrahim Didi for Fisheries Minister and and Thalhath Ibrahim for Defense Minister.

Following Muthalib’s resignation, only two MPs of the Jumhoory Party will be left in parliament, Gasim and MP Ahmed Moosa.

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Government submits bill to establish mercantile court

The government has introduced a Mercantile Court bill to the parliament with the purpose of establishing a separate court with a separate seal and special jurisdictions to solve disputes involving business transactions in the Maldives.

Maldivian Democratic Party (MDP) MP Mohamed Musthafa submitted the bill to parliament on behalf of the government.

According to the bill, the Mercantile Court will consist of a Construction Division, Banking and Financial Division, Tourism Division, Investment Division, Goods and Services Division and Proprietary Division.

The bill also gives the Chief Judge of the Mercantile Court the powers to include any other divisions that the court finds that it lacks.

The bill will give the court jurisdiction to handle cases relating to business transactions concerning tourism, construction, international business, insurance, civil aviation, maritime, shipping, finance leasing, banking and finance, securities, fishing, company, partnership, professional liability and intellectual property rights.

The Mercantile Court will also handle contract, trade and service provision, consumer and service recipient protection in matters worth more than Rf 15 million (US$1 million).

According to the bill, the Mercantile Court has the jurisdiction to issue any sort of warrant or orders on its own initiative or upon a request made by a person to uphold justice or to prevent the judiciary from being misused.

The court’s bench will consist of seven judges, and significantly, a Muslim foreigner may be appointed as a judge at the court.

The bill comes following concerns aired recently by international organisations such as the International Committee of Jurists (ICJ) that the existing Maldivian judiciary lacked the independence and capacity to rule in cases involving complex civil proceedings.

Speaking to Minivan News in March after several weeks observing the operation of the Maldives’ Judicial Services Commission (JSC), former Australian Supreme Court Justice Professor Murray Kellam said that an impartial judicial system was a key factor in encouraging foreign investment and could have a direct and significant impact on the economy.

This was something that Singapore recognised 15 years ago, he said.

“They understood the value of a civil system that is incorruptible and competent. They spent a lot of money on their judiciary and Transparency International now rates their civil legal system as one of the best in the world.

“Singapore realised that one of the best ways to attract investment was to have a system whereby international investors knew they would get a fair go in domestic courts. If you look at the circumstances in other parts of the world where investors have no confidence in the judiciary, that deters investment and takes it offshore. They’ll go somewhere else.

Citing Adam Smith, considered one of the founders of modern capitalism, Kellam observed that “Commerce and manufacturers can seldom flourish long in any state which does not enjoy a regular administration of justice, in which people do not feel themselves secure in possession of their property, in which the faith of contracts is not supported by law.”

As a foreign investor, Kellam said, “you want to know that contact you enter into with domestic partners will be understood and enforced by courts if there is a breach. You want courts to judge you impartially – you don’t want to be discriminated against because you are a foreigner.”

“Secondly, it’s no good getting judgement if no there is enforcement – which is a major factor in developing countries. Sure you can get a judgement, but it’s not worth the paper it’s written on because there is no process for getting it enforced, and you can’t turn judgements into anything productive.”

Singapore had recognised this, and become not only a hub for foreign investment but also a regional hub for commercial arbitration, Kellam said.

“People from around the region will use Singapore as a place of law and business,” Kellam observed.

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Parliament approves appointment of Defence and Fisheries Ministers

Parliament today approved the appointments of Dr Ibrahim Didi as Minister of Fisheries and Agriculture and Tholhath Ibrahim Kaleyfan as Minister of Defence and National Security.

Dr Didi was approved 40-35 after Jumhooree Party MP Gasim Ibrahim and Independents Ahmed ‘Sun Travel’ Shiyam Mohamed, Ahmed Amir, Ali Mohamed, Ismail Abdul Hameed and Mohamed Zubair voted with the ruling Maldivian Democratic Party (MDP).

Tholhath Ibrahim meanwhile received parliamentary consent with 50 votes in favour and 24 against.

Both the main opposition Dhivehi Rayyithunge Party (DRP) and the independently functioning opposition parliamentary group had declared their intention to reject the reappointment of Dr Didi on the grounds that he had failed to receive parliamentary consent in November, 2010.

Dr Didi was among seven ministerial appointees who did not receive parliamentary consent in November.

DRP Leader Ahmed Thasmeen Ali told press last month that the party did not accept “the President appointing someone parliament has already rejected.”

In its report presented today after evaluating Dr Didi, the Government Oversight Committee – comprised of six oppositon and four MDP MPs – meanwhile recommended that his appointment be rejected on the same grounds.

The committee however recommended approving the nomination of Tholhath Ibrahim as Defence Minister.

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