Majlis accepts legislation on building code

The People’s Majlis yesterday accepted for consideration a bill submitted on behalf of the government by Progressive Party of Maldives (PPM) MP Saudhulla Hilmy on building codes.

Presenting the 90-page draft legislation (Dhivehi) at yesterday’s sitting of parliament, Hilmy explained that the proposed law would establish a legal framework and set safety standards for the construction industry in the Maldives.

“One of the most important reasons for [submitting] this bill is because important measures are not taken due to the lack of a bill or law while many people have died or suffered serious harm in construction accidents,” the MP for Thinadhoo North said.

The submission of the bill was delayed due to changes made by ministers under successive governments, he added.

The bill proposes the formation of the ‘Maldives Building and Construction Authority’ to function under the Ministry of Housing and Infrastructure.

The authority would be tasked with formulating rules and regulations, setting standards, and ranking and registering contractors and industry professionals.

All MPs who spoke during the ensuing debate spoke in favour of the bill and noted the importance of introducing a Building Act.

However, several MPs argued that the building and construction authority should be an independent institution free from political influence.

Some MPs objected to contractors from the atolls having to travel to Malé to seek permits or licenses while others suggested that the law should incentivise or provide equal opportunity for small and medium-sized construction companies.

Opposition Maldivian Democratic Party (MDP) MP Mariya Ahmed Didi said the submission of important legislation drafted during the MDP’s three years in government were delayed due to the “coup on February 7, 2012.”

As a result of changing regulations and the lack of a comprehensive building code, Mariya said several of her constituents in the Manchangoalhi ward of Malé had requests for construction permits declined.

MDP MP Ahmed Nashid contended that fines specified in the bill were excessive and suggested revisions at the committee stage.

PPM MP Jameel Usman meanwhile noted that the bill includes provisions for incentivising the hiring of locals in the construction industry.

He suggested that the law should also specify a reasonable period for approving construction permits and recommended improvements by the committee.

Jumhooree Party (JP) Leader Gasim Ibrahim contended that the faults in the bill were too numerous to be rectified at the committee and said it should be withdrawn.

As audit reports were exposing “serious corruption and negligence” by government ministries, Gasim argued it would not be advisable to require approval and permits from the housing ministry.

Following the preliminary debate, the bill was accepted unanimously with 61 votes in favour and sent to the national development committee for further review.

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Maldives not obliged to consult neighbours before joining China’s Silk Route, says foreign minister

The Maldives, as an independent and sovereign nation, is not obliged to consult other countries before making foreign policy decisions, foreign minister Dunya Maumoon told the People’s Majlis today.

The foreign minister appeared in parliament to respond to a question tabled by opposition Maldivian Democratic Party (MDP) MP Ahmed Nashid concerning the Maldives’ participation in the Chinese ’21st Century Maritime Silk Route’ initiative.

President of the People’s Republic of China Xi Jingping has called on the Maldives “to get actively involved” in the creation of a maritime trade route linking China to the east coast of Africa and the Mediterranean.

Nashid, MP for Shaviyani Komandoo, asked whether neighbouring countries in the Indian Ocean were consulted before the decision was made.

“If we join this project, is it likely that the longstanding close relations we have with neighbouring countries could be adversely affected?” he asked.

In response, Dunya noted that the agreement signed with the British in 1965 to secure independence “states in clear language that the Maldives is not obliged to consult or seek consent or approval from any other nation to implement Maldivian foreign policy.”

Former Presidents Ibrahim Nasir and Maumoon Abdul Gayoom did not join any “military or political alliance” during the Cold War, she added, out of fear of losing the independence gained in 1965 as the Maldives would be obliged to consult major powers before making foreign policy decisions.

“We should all know that the interest of any foreign country should not take precedence over Maldivian national interest,” she said.

MDP MP Ibrahim Mohamed Didi – a retired brigadier general – asked whether relations with India could deteriorate if Chinese naval activity is conducted in a Maldivian port, which would threaten Indian “geopolitical interests”.

Dunya declined to answer citing national security concerns and advised raising the issue through parliamentary committees.

Asked if India has expressed concern with the decision, Dunya said the Indian government also welcomed the Silk Route initiative during Chinese President Xi’s visit to New Delhi in September.

Foreign policy

Dunya said President Abdulla Yameen’s foreign policy was based on Article 115(d) of the Constitution, which states that the president has a duty “to guarantee the independence and territorial integrity of the Maldives, and to promote respect for national sovereignty in the international community.”

The government decided to participate in the Silk Route initiative as it would promote national interest and benefit the Maldivian people through trade and commerce, she said.

Dunya referred to a joint communique issued during President Xi’s state visit in the Maldives in September, which declared that the Maldives “welcomes and supports the proposal put forward by China to build the 21st Century Maritime Silk Road, and is prepared to actively participate in relevant cooperation”.

Fostering ties with South Asian countries and ensuring national security was one of the most important aims of the government’s foreign policy, she continued, noting that Maldivian security was intertwined with Indian Ocean regional security.

The Maldives would consult all nations and work together to ensure regional security and stability, she assured.

Former President Mohamed Nasheed has criticised the decision to join the Silk Route initiative, contending that it would threaten Indian Ocean security and risk putting the Maldives in the middle of war or disputes between Asian powers.

China’s rising economic presence in the Indian Ocean region has stoked concerns in New Delhi that China is creating a “string of pearls” to encircle India, including Chinese investments in ports and other key projects in Sri Lanka and Pakistan.

Asked if closer ties with China would adversely impact relations with India or Japan, President Yameen told reporters upon returning from a visit to China in August that Sino-Maldives economic cooperation would not affect “the very friendly, close relations with India”.

“All these projects are also open to India and we are doing a lot of diplomatic work with India,” he said, referring to his administration’s decision not to sign a Status of Forces Agreement (SOFA) with the United States as an example of cooperation.

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Parliament approves MVR46million budget for audit office

Parliament today approved an annual budget of MVR46 million (US$2.9 million) for the Auditor General’s Office for 2015 as recommended by the public accounts committee (PAC).

The PAC’s report was approved unanimously with 64 votes in favour.

While the audit office had requested a MVR93 million (US$6 million) budget, the Ministry of Finance and Treasury advised the public finance oversight committee that the audit office’s annual expenses would not exceed MVR46 million.

The finance ministry pledged to provide additional funds out of the contingency budget if the audit office’s functioning was affected by budget restrictions.

The Auditor General’s Office had requested allocations of funds for the construction of an office in Hulhumalé. However, Finance Minister Abdulla Jihad told the committee of plans for a building to house all independent institutions.

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President vetoes amendments to Child Protection Act

President Abdulla Yameen has vetoed amendments passed by the People’s Majlis to the Child Protection Act on October 14, requesting revisions based on advice from the attorney general.

In a letter to parliament – read out at today’s sitting – President Yameen explained that the government submitted the amendments to the 1991 law to remove inconsistencies with the new Constitution adopted in August 2008.

Article 36(b) of the Constitution states, “Primary and secondary education shall be freely provided by the State. It is imperative on parents and the State to provide children with primary and secondary education. Opportunity for higher education shall be generally accessible to all citizens.”

However, the amendment bill (Dhivehi) passed by parliament states that the state shall freely provide pre-school, primary, and secondary education to all “Dhivehi children living in the Maldives.”

President Yameen noted that the amendment to Article 5(b) of the Child Protection Act contravenes Article 36(a) of the Constitution – which states that “Everyone has the right to education without any discrimination of any kind” – as it implies that the state does not have to provide free education to foreign or expatriate children residing in the country.

“And considering Article 2 and 28 of the Convention on the Rights of the Child to which the Maldives has acceded, providing free primary education to all children living in the Maldives without discrimination is obligatory,” the president’s letter explained.

Therefore, it added, the amendment to the Child Protection Act was contrary to the obligations placed on the state by the convention.

Moreover, the president observed that the amendments make it mandatory for the state to provide pre-school education to all children.

The amendments also contravene rules for the state to assist pre-schools operated by local councils specified in the Pre-schools Act of 2012.

The president noted that providing mandatory free pre-school education in all inhabited islands would place a burden on the state budget and recommended consultations with the education ministry and finance ministry regarding government policy.

In the ensuing debate, opposition Maldivian Democratic Party (MDP) MP Mariya Ahmed Didi criticised parliamentary committees for hastily approving legislation without proper study or consultations with stakeholders.

Leader of the Majlis have in recent weeks, however, called upon committee members to speed up work after a number of Majlis sessions were cancelled due to lack of work on the house’s agenda.

Progressive Party of Maldives (PPM) MP Jameel Usman had submitted the amendments on behalf of the government in June. The social affairs committee reviewed the amendments and forwarded the legislation to the Majlis floor earlier this month, after which it was passed with 51 votes in favour and two abstentions.

MP Ahmed Nihan – parliamentary group leader of the PPM, the majority party in the Majlis – conceded that the inconsistencies with the constitution and pre-school law were missed due to an oversight in the legislative process.

Nihan said the majority party should ensure that such incidents do not recur in the future.

Following the debate, the amendment bill was returned to committee for further review with 58 votes in favour and one abstention.

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MDP condemns MNDF decision to cease providing security to MPs

The Maldivian Democratic Party (MDP) has condemned the Maldives National Defence Force’s (MNDF) decision to cease providing security to MPs despite continuing death threats.

“We note with concern that security provided by MNDF to members of the People’s Majlis from [October] 20 to 23 was stopped while death threats were made repeatedly to MDP MPs and without the security services investigating the threats and taking action and despite the present danger to the MPs,” read a press statement issued by the main opposition party last night (October 24).

The party contended that providing security to MPs was not optional as Article 105 (b) stipulates that “the security services of the state shall ensure the protection and safety of all members of the People’s Majlis.”

The MDP accused senior officials of the security services of ordering the military to cease providing protection and criticised Speaker Abdulla Maseeh Mohamed for failing to ensure the safety of opposition MPs.

The decision was made to intimidate and obstruct opposition MPs from “freely fulfilling their legal responsibilities” as elected representatives, the statement added.

The parliament secretariat sent a text message to MPs on Thursday (October 23) stating that the MNDF would cease providing security as of midnight.

The MNDF informed parliament that the decision was made after assessing the current situation, the message read.

Meanwhile, death threats were sent via text message from an unlisted number to several MDP MPs and senior members yesterday.

“Tomorrow is the last day for all of you. Watch and see. [We] will kill you,” read the message.

An MDP rally is due to take place at the carnival area of Malé tonight.

On October 19, the MNDF urged MPs to stay in at night and offered to provide personal security upon request.

The move followed the escape of two dangerous convicts from Maafushi jail, who were both apprehended in Malé last week.

The MDP said at the time that the MNDF’s offer for protection indicated the “loss of domestic security and extreme levels of fear.”

“It also shows the extent to which senior officials of the government responsible for ensuring public safety and security have lost control of terrorist activities,” the party said in a press release.

series of attacks against the MDP’s premises and upon the homes of some of its members in late September followed months of death threats, described as too numerous to publicise by the party’s spokesman.

The Inter Parliamentary Union has previously said the government’s reaction to the death threats would be a test of its democratic credentials.

A delegation from the IPU visited the Maldives late last year, requesting an urgent assessment of the political situation following repeated allegations of threats and intimidation against Majlis members.

“The frequent intimidation, harassment and attack of MPs as they go about their work have been deeply worrying,” read an IPU press release after the delegation’s visit last November.

After meeting with the IPU earlier this month, union member and MDP MP Eva Abdulla raised concerns over the personal safety of MPs and journalists in the Maldives.

Eva – who has been in personal receipt of threats against both herself and her family members – also received a threat suggesting the MDP’s next gathering would be targeted by suicide bombers.

A subsequent rally held in Addu City was disrupted by youths with wooden planks and rocks before the party’s office in Hithadhoo was set on fire.

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AG seeks to strengthen prohibitions on carrying of sharp weapons

Attorney General Mohamed Anil has today submitted to parliament a number of amendments to the act prohibiting carrying and threatening use of sharp weapons.

Speaking at a press conference held by the cabinet’s Social Council, Anil revealed that amendments included the narrowing of certain rights that the accused currently have.

Among these, the right to remain silent and the right to consult with legal representatives will be narrowed, while police will be given the right to hold suspects in custody for purposes of community safety until the court considers the case.

The proposed changes comes as the number of stabbing incidents in the country continues at an alarming rate, with 18-year old Ibrahim Shifaaz last week becoming the latest in a list of incidents that have resulted in three deaths this year.

Anil explained that the present law only stipulates penalties for the carrying of sharp weapons and for threatening individuals with the use of sharp weapons.

“Both the home minister and we at the AG office find it to be very concerning that the law does not describe penalties for damages caused by such actions, such as the taking of a life, loss of a limb, or other physical harm to the victims,” Anil stated.

“Currently, these crimes are tried under the existing old Penal Code, which has in it far too lenient penalties. Thus, the proposed amendments will include new penalties that can be given to perpetrators for commission of such an act.”

He described the newly proposed penalties as including 7 to 15 year jail sentences and even the death penalty, depending on the seriousness of the crime.

Minister of Home Affairs Umar Naseer prompted international concern when calling for an end to the country’s 60 year moratorium on the death penalty earlier this year, completing the required regulatory changes in April.

The new amendments also stipulate that crimes falling under this act should be investigated within 15 days of arrest, while the Criminal Court must complete the case within 30 days from its submission.

Anil also announced that three additional bills have been submitted to parliament. These are the goods and services tax bill, the construction bill, and the mutual legal assistance bill.

Earlier on October 15, Umar Naseer conducted meetings with pro-government parliamentarians about amendments to these same laws.

“Reactions from parliamentarians of both Jumhooree Party and Progressive Party of Maldives were positive to my recommendations,” Naseer said at the time.

At today’s press conference, Naseer also revealed that the government has plans to commence a MVR4 million  (US$260,000)  project to further develop the security of the prisons in the coming week following the recent escape of two convicted murderers last weekend – both since apprehended.

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Government to freeze hiring in 2015

The state will not be hiring any new employees in 2015 in a bid to reduce recurrent expenditure, Finance Minister Abdulla Jihad told parliament’s public accounts committee last night (October 22).

Jihad told MPs that government ministries and various state institutions have proposed creating more than 5,000 posts next year.

However, President Abdulla Yameen has decided to “freeze employment” during 2015, Jihad revealed.

All state institutions should consider reducing expenditure as domestic debt has reached MVR16 billion (US$1 billion), he added.

Jihad noted that the government’s economic council was currently reviewing the estimated annual state budget for 2015 ahead of submission to the People’s Majlis for approval.

President Yameen’s campaign pledge to create 94,000 new jobs would be fulfilled through spurring job creation in the private sector, he added.

In August, Jihad warned that the ballooning fiscal deficit could affect the government’s ability to pay civil servants.

Jihad explained that shortfalls in revenue of MVR1.5 billion would see the deficit increase to MVR4 billion – equal to 10.6 percent of GDP.

The government currently employs just under 25,000 civil servants, representing over seven percent of the population.

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Majlis sitting adjourned after minister’s question time

Today’s sitting of the People’s Majlis was adjourned after minister’s question time with no other items on the agenda.

Following a 30-minute question and answer session with Housing and Infrastructure Minister Dr Mohamed Muiz regarding the construction of a harbour in Thaa Omadhoo, Speaker Abdulla Maseeh Mohamed adjourned proceedings and announced that the next sitting would take place on Monday (October 27).

Two previous sittings had been canceled due to the absence of agenda items. Parliament returned from a one-month recess this month.

However, meetings of parliamentary committees took place today with the public accounts committee reviewing the annual budget proposed by the Auditor General’s Office and the national security committee interviewing President Abdulla Yameen’s nominee for Maldivian ambassador to India, Ahmed Mohamed.

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Parliament repeals law on detention procedures

Parliament today repealed an outdated law specifying procedures to follow in arresting and detaining suspects for longer than seven days.

The national security committee had reviewed the government-sponsored bill (Dhivehi) to repeal the 1978 law and forwarded it to the People’s Majlis floor, where it was passed unanimously with 51 votes in favour.

The legislation was part of a raft of bills submitted on behalf of the government by ruling Progressive Party of Maldives MPs to bring outdated laws in line with the new constitution adopted in 2008.

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