parliament – Page 79 – Minivan News

2010 to be a productive year at parliament, promises speaker

Parliamentary Speaker Abdulla Shahid said he will work to make 2010 a productive year at parliament, reports Miadhu.

Out of 77 MPs, 64 were present at yesterday’s meeting, the first parliamentary session of the year.

Shahid said 2009 was also a productive year. Since the new parliament was sworn in on 28 May 2009, the Majlis have conducted 33 deliberations and adopted 6 legislations.

There will be priority given to those issues that were being discussed when parliament was called into recess in December 2009.

Kulhudhuffushi South MP Mohamed Nasheed has criticised the parliament for taking a two month long recess, arguing that it will be difficult to complete the parliament’s work in the six remaining months of the transition period.

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President appeals to MPs for “cooperation and support”

The president has appealed to opposition parties not to jeopardise the country’s nascent democratic system and put aside partisan politics, in his second presidential address on the opening of parliament.

He warned of the “consequences” should the government be forced to take to safeguard the country’s democratic system against “unlawful actions based on unrealistic hopes”, stating they would be borne “not only by this system of governance, but also by the opposition and we ourselves.”

“I don’t believe that any of us would want for that to happen. The sensible way would be to avoid falling into such personal rivalry and to build essential national foundations,” he said, calling on “the cooperation and support of the honourable Members of the People’s Majlis to transcend political turmoil and differences of thought and ideology.”

Justice

The president also spoke about addressing problems with the judicial system, promising that “this government will work tirelessly to solve the problems of delayed justice when people who are arrested and investigated are not prosecuted.”

He noted that the number of people who were sentenced and had their sentences enforced increased by 69.7 per cent last year compared to 2008, while the percentage of people involved in cases sent for prosecution increased by 88.2 per cent.

He also said the government would “redouble efforts to save generations of youth from strong addiction to
different kinds of hard drugs and free countless Maldivian families from this plague that has caused them so much grief and sorrow.”

He noted that the government had established branches of the prosecutor general’s office in the atolls.

Extremism

The president asked that “beloved citizens who might harbour what might be considered extremist ideas and opinions to be moderate and soften their ways of thinking.”

“I call on all citizens to prioritise friendship and understanding for the harmony and progress of society,” he said.

Decentralisation

The president appealed to MPs for “consideration and support” when he resubmitted amended legislation on decentralisation.

“This nation is in great need of the cooperation of this esteemed Majlis,” he said. “The Government desires to advance the principle of resolving matters through dialogue and deliberation with all political parties. At the moment, we must embark on many endeavours for this nation.

He said the government would also decentralise the country’s sports centres in the country and seek to organise a sea sport festival before 2012.

“In the coming two to four months, several projects are due to be started. I believe that if a framework to resolve issues through dialogue among the different political parties could be constituted, it would provide many benefits for the people.”

Nasheed appealed to the MPs to “talk to the Government so that the bills submitted by the government are speedily passed, even if it should be with amendments.”

Future

Nasheed described the country’s outlook as “very clear, very joyous, as the Maldives passes the stages of consolidating democracy.

“With the grace of God, the government’s continued efforts to provide even more fulfilment and prosperity for the people will result in easing and enriching their lives further this year,” he said.

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President to give address tomorrow at People’s Majlis

President Nasheed will deliver a presidential address tomorrow at the People’s Majlis.

The president’s address will be delivered at 10:00am tomorrow, marking the first parliamentary session for this year.

President Nasheed declared 1 March a public holiday last week to commemorate the first sitting of the year of the People’s Majlis.

The presidential address will be webcast live via the President’s Office website

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Parliament called to arbitrate civil servant pay dispute

The ministry of finance has asked parliament and the Maldives Monetary Authority (MMA) to arbitrate a dispute between the ministry and the Civil Service Commission (CSC) over the restoration of civil servants’ salaries.

Parliament has been asked to act as a mediator as the ministry “does not believe a satisfactory solution can be found through discussions with the commission”.

Until the dispute is resolved, “employees will receive the salary that was reduced due to the economic circumstances,” the finance ministry’s statement said.

The CSC meanwhile criticised the ministry for a lack of communication and unwillingness to meet for discussions.

“They could ask us to sit down and discuss this tomorrow morning and we would be there,” said CSC member Mohamed Fahmy Hassan.

“We’ve sent many letters and made many requests for them to submit information but they have not submitted it to us,” he said.

The CSC was not opposed to the involvement of third parties such as the MMA, he said, but having another government institution like the MMA acting as a go-between “sounds a bit odd.”

“We can discuss the issue with MMA or the People’s Majlis, but there’s going to be no decision made without the involvement of the finance ministry.”

Parliament broke for recess in December and will begin its first session of the year in March.

Waiting game

On 30 December, the CSC issued a circular announcing that civil servants’ salaries and allowances had been restored to their former levels.

Since it was agreed that the pay cuts will be rescinded once government revenue exceeds Rf7 billion, the CSC argued, the salaries would have been “automatically reversed” when parliament approved this year’s budget with a revenue of over Rf7 billion.

However the finance ministry’s statement criticised the commission for the announcement as it came after the ministry had declared that the economic circumstances had not changed.

“And while it did not consult with the ministry, the fact that the Civil Service Commission did not seek the advice and counsel of the Maldives Monetary Authority, the most appropriate independent institution to approach before making such a decision, is regrettable,” it said.

No deal

The pay cuts of up to 20 per cent for civil servants were made necessary due to a fall in government income and an increase in expenditure, the ministry claimed.

In August, the government introduced a raft of austerity measures – including cutting back on travel, controlling capital items purchases, halting renovation and repairs unless necessary and pay cuts of 20 per cent for political appointees ranked higher than deputy minister to alleviate the inherited budget deficit.

Recurrent expenditure on salaries and allowances for government employees was 34 per cent of total expenditure in 2008, a 62 per cent increase from the previous year.

The International Monetary Fund [IMF] has noted that this puts the Maldives in first place among small island nations for the highest expenditure on government employees as a percentage of GDP.

Pay cuts for civil servants were enforced in October following protracted negotiations with the CSC.

The commission exercised clause 43[c] of its Act, which authorise it to alter salaries based on “special economic circumstances” subject to a review in three months.

“The measure proposed by this ministry to determine the special circumstances was the state’s income and expenditure,” the ministry’s statement read. “It was therefore agreed that the economic circumstances would be considered to have passed once the state’s annual income exceeds Rf7 billion, while it was also agreed that the state’s total income does not include foreign aid once-off revenue.”

It further added that the pay cuts were not made for a three-month period, but would be subject to a review to determine if the economic circumstances had changed.

The inclusion of foreign aid in the government’s budget is a particular point of contention, as it pushes the total revenue over Rf7 billion. Actual government revenue excluding foreign aid and once-off revenue was projected to be Rf6.8 billion in the budget.

“We understood it was the total revenue of the government. The ministry’s press release on 25 September said they were not going to exclude anything. This issue needs to be resolved,” said Fahmy.

Special circumstances would be considered to have improved when the state’s “recurring income” reaches Rf7 billion, the ministry said, and “not when it is estimated that Rf7 billion will be received in income.”

Scaring off donors

The opposition-dominated committee selected to review the budget made a recommendation to inject Rf617 million to restore civil servants’ salaries as the proposed budget had Rf7.05 billion in revenue.

While the original budget submitted to parliament had a deficit of 14.8 per cent and was acceptable to the IMF, the alternations made by parliament increased it to 18.8 per cent.

The ministry now estimates the deficit by the end of the year will exceed 18.8 per cent as the government will lose Rf150 million in revenue due to parliament’s failure to pass taxation legislation.

Increasing expenditure at the beginning of the year based on projected revenue was “not sensible at all”, the ministry insisted.

There were four ways the government could plug the deficit – printing money, financial assistance from international monetary organizations, obtaining commercial loans and devaluing the rufiyaa – all of which would have adverse effects of the economy.

Printing money would lead to inflation and a dollar shortage, taking commercial loans would make it harder for the private sector to secure loans and devaluing the currency would increase inflation and the price of imports.

Instead, the ministry reached agreements with the IMF, World Bank and the Asian Development Bank to obtain loans to plug the deficit.

However hiking salaries for government employees without increasing the revenue base was not “a sustainable fiscal or monetary policy”, and these international organisations have since informed the government that they are reconsidering the loans, the ministry’s statement said.

If the Maldives does not have an economic framework that is acceptable to the IMF, it continues, it would not be possible to obtain assistance or loans from other financial institutions.

Apart from potentially losing Rf755 million in assistance from the World Bank and ADB, the donor forum organised by the World Bank and scheduled for March could be canceled.

“Therefore, the ministry believes reducing expenditure is the wisest and most economically sensible way,” it said, adding that expenditure on wages had to be kept low until the economy rebounds.

Fahmy said the CSC was willing to negotiate and wished to meet the finance ministry “to hear their views on the economic circumstances.”

“We have always said that if there is a national crisis we will put the national interest above the interest of civil servants,” he said.

“But it is difficult to justify that to 29,000 civil servants if the government is spending on all the other items in the budget.”

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MPs tried to release MDP protester, claims DRP

The Dhivehi Rayyithunge Party (DRP) has accused Maldivian Democratic Party (MDP) MPs of interfering in police handling of MDP activists during a protest outside parliament on 30 December.

DRP and MDP protesters squared off outside parliament in response to the contentious decentralisation bill, debate over which had stalled four times.

The DRP claims MDP MPs Eva Abdullah, Mariya Didi and Mohamed Mustafa approached riot police and asked them to release an MDP activist who was being manhandled.

DRP MP Ahmed Mahlouf said he was close to the gate when Mariya and Mustafa allegedly asked police to release the activist.

Police restrain protesters outside parliament

“I’m not somebody who spouts rubbish. I saw this with my own eyes along with my colleagues,” he said.

“Police said [the activist] had attacked them and that is why he was handcuffed. The police are an independent body and should only be given orders by the police commissioner, not the president or the chairperson of the MDP,” Mahlouf said, adding that he would be filing a case with the police integrity commission.

Asked for her version of events, Eva replied that the MDP MPs “were just trying to find out what was going on.”

“A group of MDP activists outside brought a megaphone with them,” she said. “Police tried to disperse them and there was some kind of skirmish. I was looking on when police tried to get a bit physically tough on them and one of my constituents was hit and fell.”

The police did not respond to her, she said.

“If you look at the police records he was detained for several hours, so reports he was released are not true.

“We were not involved, we were just standing there during the Majlis break. We know what police brutality is like and went to see what was happening before it could get out of hand.”

The Maldives Police Service (MPS) released a statement claiming that rumours of police releasing protesters on the request of MDP MPs were incorrect, adding that such claims “undermine the trust people have in the police” and “should not be made for political gain”.

Videos aired on DhiTV appeared to show the three MDP MPs communicating with the police officers.

Astroturfed?

Independent MP Mohamed Nasheed claimed that MDP had astroturfed the protest and that furthermore, MP interference with police work was nothing new.

“This is the third time the MDP have engineered a protest outside parliament,” he said. “The first was the bill over benefits to previous presidents, the second was the no confidence vote against the foreign minister and the third was this decentralisation bill. They are very organised and bring loudspeakers and umbrellas. The modus operadi is for MDP MPs to meet the protesters and brief them on what to say and how to do it. It’s a very normal thing for MDP; I’ve seen senior MDP members making calls to the police at the station asking for the removal of barriers. On occasions when the barriers have been removed, [MPs] haven’t even been enable to leave to go to lunch – it’s not a good idea to walk through a mob.”

MPs watch the protests from behind the gates of the Majlis

Eva claimed there was no need for MDP MPs to engineer protests “as protesting is grassroots MDP and the activism in the party is still quite strong.”

“The MDP created space for peaceful protests in this country – we put the concept in the Maldivian vocabulary,” she said.

Nasheed said he did not personally witness the MDP MPs interaction with police during the latest protest, “all the MPs were talking about how Mariya had intervened with a protester being taken away. I don’t think it is becoming of MDP to interefere with police discharging their duties.”

The DRP had exploited the situation very effectively, he noted.

“I think they already had the video. Mahlouf spoke about it to the media and the following day, probably on instructions from higher ups under intense pressure, the police issued a statement denying [they had released the activist on MP request). The video was not released initially because [the intention] was to trap police. They fell into it and now it’s obvious to everyone – I think it’s sad it happened.”

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President vetoes special needs legislation

President Mohamed Nasheed has vetoed the bill on protecting the rights of and providing financial assistance to people with special needs following an appeal from NGOs and advice from the attorney general that it would conflict with UN conventions.

Article 91(a) of the constitution states the president shall either assent to a bill within 15 days or return it for reconsideration.

The bill was passed on 21 December and would have automatically become law if the president did not ratify it today.

Mohamed Zuhair, president’s office press secretary, said the legislation was returned as the president believed it could lead to “social, economical and legal problems” if it was enacted.

Zuhair said Attorney General Husnu Suood advised the president that many provisions in the bill conflicted with international standards and the Convention on the Rights of Persons with Disabilities, which the Maldives has acceded to.

Suood told the president that the bill would create obstacles for persons with special needs making decisions on their own and participating in society.

Zuhair added the ministry of health and family informed the president that social and economic difficulties could arise if the provisions in the legislation were implemented.

Moreover, the Human Rights Commission of Maldives as well as NGOs Care Society, Handicap International and Association for Disabilities and Development had urged the president to ask parliament to ensure that the law would protect the rights of people with special needs as required by the UN convention.

Appeal

Care Society, the Maldivian Deaf Association and the Association for Disabilities and Development were joined by parents of persons with special needs at a gathering outside the president’s office this morning.

The NGOs and parents held up placards urging the president not to ratify the bill.

Speaking to Minivan News, Sidaatha Shareef from Care Society said the NGOs wanted a law to protect the rights of the special needs.

“But we had to gather today after working through a lot of different stages. When the bill was at parliament, we met parliament members and met members of the social affairs committee separately and made recommendations in writing and gave them a presentation,” she said.

The bill was passed without considering any of the recommendations, she continued, and the NGOs met with the president’s office, the HRCM and the health ministry to raise their concerns.

“But, since we have not got an adequate response, we are here today to see what decision is made,” she said, adding if the president ratified the bill it would be a “big failure”.

Among the main concerns with the bill was lack of health rehabilitation. “That is one difficulty that the parents here endure every day. It is a basic right that they should be getting,” she said.

She added the language of some provisions the “spirit of the bill” would “segregate” people with special needs or provide assistance as “charity”.

The NGOs wanted the bill to be “more inclusive, rights-based and in line with the UNCPWD”.

Shortly after Sidaatha went into the president’s office and was told to wait until the end of lunch hour, Hassan Afeef, political advisor to the president, came out and addressed the group.

Asked how the president would make his decision, Afeef said, “The president is considering doing it in line with your thinking.”

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Clemency bill passed

Parliament passed legislation on clemency and commuting sentences during its last sitting of the year on Thursday before breaking for a two-month recess.

The bill proposed by the government to set guidelines for the president to grant pardons and commute sentences was passed with 59 votes in favour and two against.

Presenting the committee report, Kulhudhufushi South MP Mohamed Nasheed, chairman of the home affairs committee, said views expressed by MPs during the debate were incorporated in the final draft.

Among the changes made by the committee include adding a provision for aiding interpretation in determining if convicts have exhausted the appeal process, specifying crimes that will not be eligible for pardon and creating a clemency board chaired by the attorney general to advise the president.

The committee further added provisions to authorise the president to commute death sentences to life imprisonment as well as detailing criteria on granting pardons, said Nasheed.

Moreover, criminal records of those convicted under the old constitution would be wiped clean if they were pardoned.

Article 115 of the constitution states the president has the authority “to grant pardons or reductions of sentence as provided by law, to persons convicted of a criminal offence who have no further right of appeal.”

Under the legislation, convicts who did not get a fair trial and those who have exhausted the appeal process will be eligible for release.

Of the 11 amendments proposed to the bill, only four were passed.

In the debate after voting on amendments, MPs stressed the importance of the legislation to grant pardons for people in jail who were wrongfully convicted or sentenced solely on the basis of extracted confessions.

But, several MPs said the president should exercise caution and good judgment in commuting sentences and granting pardons.

In its 82 sittings since being convened in May, parliament has passed eight bills and adopted five resolutions, while 19 bills remain pending at the committee stage.

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Government withdraws decentralisation bill

The government has withdrawn the bill on decentralised administration after parliament reached an impasse on the controversial model of provinces in the proposed legislation.

At today’s sitting of parliament, Speaker Abdullah Shahid said the president’s office sent a letter informing him of the decision.

“Since it has become difficult to continue Majlis sittings due to disagreements among MPs on the bill on decentralised administration and as the public and political parties have requested that it be withdrawn, the president’s office said the bill was withdrawn to be submitted again in the first Majlis session of 2010 after making amendments following consultations with the public and political parties,” he said.

Intractable

Four sittings have been cancelled over the past three days after the opposition-dominated committee selected to review the legislation presented its report with an amendment to scrap provinces.

The third and final reading of the bill where MPs propose and vote on amendments could not be continued after heated rows, points of order and unsuccessful negotiations forced the speaker to call off sittings.

Over 700 amendments were tabled, the majority from MPs of the ruling Maldivian Democratic Party (MDP) to reverse the changes made by the committee.

While MDP MPs argued the opposition was infringing on the government’s prerogative of implementing its agenda, MPs of the Dhivehi Rayyithunge Party (DRP) maintained that dividing the 21 administrative areas to seven provinces was unconstitutional.

Under the government’s bill, they argued, an atoll council would be elected from a province that includes three or four atolls, leading to unequal representation.

Islanders from the less populous atolls would have to travel to the province capital for essential services, they said.

Moreover, the legislation would give provincial state ministers undue authority and influence over elected councils, including the power to dissolve the bodies.

Chapter eight of the constitution stipulates that “the administrative divisions of the Maldives shall be administered decentrally”, while giving the president powers “as provided in law, to create constituencies, posts, island councils, atoll councils and city councils”.

Article 230(c) states “the jurisdiction and characteristics of constituencies, posts and councils created to provide for decentralised administration shall be specified in law”.

Economies of scale

Speaking at the inauguration of the Maldives National Defence Force (MNDF) Male’ Area last night, President Mohamed Nasheed defended the government’s decentralisation policy.

Concentration of power and development in Male’ has led to congestion and neglect of the atolls, said Nasheed, adding devolving decision-making powers were necessary for the equitable distribution of wealth and prosperity.

But, he added, it was the government’s responsibility to pursue decentralisation in a manner agreed upon by all parties.

While he respected the DRP’s main proposal, the government believed electoral constituencies should be grouped together for administrative purposes.

The president said 54 per cent of the people endorsed the MDP manifesto and its policy of dividing the country into seven regions or provinces.

“It was impossible for a single island or atoll to develop in the manner in which a province could develop exploiting 40 per cent of its income and natural resources,” he said. “Decentralised governance through regionalisation will not be a win for any specific political party. In reality it will be a victory for the Maldives.”

Economies of scale would only be possible through the creation of provinces, he argued, and the government’s legislation proposed granting authority of 40 per cent of a province’s income to the councils.

Economies of scale refer to the benefits of large scale operations when more units of a good or service can be produced while decreasing the average cost of production.

Public interest

When parliament resumed at 2.30pm yesterday, MDP MPs as well as the Republican Party and Dhivehi Qaumee Party (DQP) MPs urged the government to withdraw the legislation.

Maamigili MP Gasim Ibrahim, the sole representative of the Republican Party, said the bill should be withdrawn in the interests of social harmony and allowing parliament to proceed with other legislation.

Supporters of the two main parties gathered outside parliament to protest yesterday, leading to the arrest of activists from both sides. However, all who were taken into custody have since been released.

Gasim urged the president to exercise article 115(p) of the constitution and hold a public referendum on the issue of provinces.

The article authorises the president to hold referendums “on issues of national importance”.

Vilufushi MP Riyaz Rasheed of the DQP reiterated the MDP criticism of the committee, invoking parliamentary rules of procedure that state committees could not make amendments that conflict with or negate the purpose of a bill.

“Therefore, considering the public interest and the rivalry of the two political parties, I would say the best thing would be for the government to take this bill back,” he said.

MDP parliamentary group leader “Reeko” Moosa Manik said the amended bill presented by the committee did not resemble the one proposed by the government at all.

Moosa called upon the government to withdraw the bill as it would not be able to pursue its policies or deliver on its promises with the committee’s version of the legislation.

At today’s sitting DRP MPs blamed the government and the MDP parliamentary group for the failure to pass the decentralisation bill as the constitutional deadline for local elections had elapsed in July.

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Civil servants’ salaries to be restored

The Civil Service Commission (CSC) has decided to restore salaries and allowances of civil servants to its levels before the pay cuts enforced in October.

A circular issued by the commission yesterday states that the cuts were made on the request of the president and the finance ministry, which informed CSC it did not have enough funds in the budget for employees’ remuneration.

“Since the finance minister had estimated in the state budget for 2010 submitted to the People’s Majlis that government revenue would exceed Rf7 billion (US$544 million) and because the commission does not believe reduction of civil servants’ salaries for three months could be prolonged as a measure due to the economic circumstances facing the country…the commission has decided that civil servants will receive the full salaries determined for their posts from 1 January 2010,” it announced.

It adds that government offices and departments have been informed of the decision.

Following negotiations with the finance ministry in September, the CSC imposed pay cuts under clause 43(c) of its regulations, which authorises the commission to alter salaries subject to a three-month review based on “special economic circumstances”.

When pay cuts of up to 20 per cent were enforced in October, the commission and the finance ministry agreed that the economic circumstances would be considered over when the government’s annual income increases beyond Rf7 billion.

Special circumstances

Speaking to Minivan News today, Adam Zahir, a member of the executive committee of the Maldives Civil Servants’ Association, said parliament made amendments to include additional funds in the budget to restore salaries and the CSC has now said it will follow the budget.

Parliament passed the budget for 2010 with an additional Rf617.6 million (US$48 million) to restore the salaries.

“I believe we have now got 100 per cent guarantee that salaries will be restored,” he said. “But, with the way things have been going, we will believe it when it happens.”

MPs had informed the association that were enough funds in the original budget to pay the salaries, he continued, but now it has been confirmed “in a more certain and transparent way”.

Zahir said the association found it hard to accept the “special economic circumstances” because of the government’s actions and failure of either independent institutions, parliament or the judiciary to enforce similar pay cuts.

The administration continuing to make political appointees “showed that the money was there”.

Moreover, he said, both MPs and independent institutions have refused to accept the special circumstances and the government has not adequately proven that the situation warranted the austerity measures.

“So we don’t believe it because the people who would know these things best don’t believe it either,” he said.

Austerity measures

In August, the government announced it would be introducing a raft of austerity measures, including reduction of overtime, cutting down the number of overseas trips and releasing government rented properties where possible, to alleviate an inherited budget deficit.

In addition to civil service wage cuts, the president said he planned to halve the 32,000-strong civil service by 2011.

Both decisions caused an angry backlash from opposition parties who petitioned the CSC to refuse the wage cuts, which they argued would adversely impact the lives of many citizens.

In his maiden speech at the 64th UN General Assembly on Thursday, President Mohamed Nasheed said the Maldives had “suffered badly” from the global economic recession.

“Moreover, since assuming office, it has become clear to us that in the run-up to last year’s election, the former government engaged in highly irresponsible economic policies in the hope of buying their way to victory,” he said.

Nasheed said government planned to tackle the economic crisis by reducing the civil service, privatising public utilities, and promoting private enterprise and trade.

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