Tag: Privileges and Protection for former Presidents Act of 2009

MP Riyaz Rasheed withdraws amendments to law on privileges and protection for former presidents

Progressive Party of Maldives (PPM) MP Riyaz Rasheed has withdrawn amendments proposed to the Privileges and Protection for former President’s Act of 2009.

At today’s sitting of parliament, the PPM parliamentary group deputy leader said he decided to withdraw the bill as it required revision, adding that he would resubmit during the next session after the upcoming one-month recess.

The amendment proposed denying financial benefits and protection for former presidents if they are either convicted of a criminal offence or encourages an act that threatens Maldivian sovereignty and independence.

Similar amendments proposed by the Vilufushi MP twice before had been rejected by the previous parliament.

The 2009 law stipulates a monthly allowance of MVR50,000 (US$3,243) for a president who has served one term.

Before declaring his intention to withdraw the amendments, Riyaz suggested it could be beneficial to allow the bill to be debated on the People’s Majlis floor to “recall” the alleged misdeeds of former President Mohamed Nasheed and the Maldivian Democratic Party (MDP) government.

He went on to allege that the party was behind all the murders that have occurred in the Maldives, prompting MDP MP Ibrahim Shareef to object with a point of order.

PPM MPs were using the Majlis floor as “a political podium,” Shareef said.

Following the controversial transfer of presidential power on February 2012, the government had questioned Nasheed’s eligibility for state benefits on the grounds that he had not completed a full five-year term in office.

In June 2012, MDP MP Ahmed Hamza revealed that the state had spent MVR1.3 million (US$84,300) on healthcare costs for former President Maumoon Abdul Gayoom and his wife from 2010 to April 2012.

In November 2012, Riyaz threatened to sue the finance minister and attorney general for providing state benefits to former President Nasheed.

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MP Riyaz Rasheed threatens to sue Finance Minister, Attorney General over state benefits to former President Nasheed

Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed threatened to sue Finance Abdulla Jihad and Attorney General Azima Shukoor at parliament today for providing state benefits to former President Mohamed Nasheed under the Privileges and Protection for former President’s Act of 2009.

Riyaz’s remarks came during introduction of a bill the MP for Thaa Atoll Vilufushi has submitted to bring amendments to the 2009 law, specifying circumstances where the financial benefits could be denied to ex-Presidents.

Riyaz contended that former President Nasheed was not eligible for financial benefits under the law as he had not completed a full five-year term.

While the government had initially questioned Nasheed’s eligibility, the Finance Ministry began providing the financial benefits to the former President in May 2012.

“Even though the Finance Minister is doing it [releasing the funds] based on legal advice from the Attorney General, they have to answer for this,” Riyaz said today. “There will come a day when these two will face a lawsuit over this. We are waiting for the day when this government ends. We will sue the Attorney General and Finance Minister on that day.”

He however added that it was “not easy to proceed with this now” as the DQP was part of the ruling coalition.

Riyaz’s amendments meanwhile state that ex-Presidents would not be eligible for state benefits if they committed or participated in an unlawful act or encouraged such an act.

Moreover, former Presidents would be deprived of all privileges and protection if they commit or encourage an act that threatens the country’s independence; commit an act that leads to the loss of Maldivian territory; commit or encourage an act of terrorism, join a terrorist organisation or call for others to join such a group; and commit, encourage or call for “an act that could pulverize the country’s economy”.

If a former president is convicted of corruption, embezzlement or misappropriation of public funds during his or her tenure, Riyaz’s amendments state that he or she would be deprived of state benefits for a period of 10 years.

If the amount embezzled or misappropriated exceeds MVR 10,000 (US$650) the amendment proposes extending the period by one month for each additional MVR 1,000 (US$65).

In addition, if a former president is convicted of a criminal offence committed while in office, state benefits would be discontinued for a period of 10 years.

If a former president is convicted of a criminal offence committed after leaving office, he or she would be deprived of state benefits for five years.

During today’s debate, MPs of the formerly ruling Maldivian Democratic Party (MDP) claimed that the purpose of Riyaz’s amendments was to terminate state benefits to former President Nasheed, accusing him of personally targeting the MDP presidential candidate.

Government-aligned Jumhooree Party (JP) MP Alhan Fahmy – former vice president of MDP before defecting to the JP – agreed with his former colleagues that the bill was “politically motivated” and submitted “out of personal animosity.”

Progressive Party of Maldives (PPM) MP Ilham Ahmed however supported the amendments and suggested that Nasheed should not receive state benefits based on the former President’s disrespect of courts, alleged sale of national assets and call for a tourism boycott.

Meanwhile, the office of former President Nasheed last week accused the government of “negligence” in providing the legally mandated monthly allowance to cover expenses of the office.

In a press release on Thursday, the former president’s office noted that article 8 of the Privileges and Protection for Former President’s Act (Dhivehi) states, “In the event that a former president wishes to conduct social work beneficial to the community, the state shall provide up to MVR175,000 (US$11,350) a month to arrange for an office, employees and other matters.”

Article 128 of the constitution states that a former president “serving his term of office lawfully without committing any offence, shall be entitled to the highest honour dignity, protection, financial privileges and other privileges entitled to a person who has served in the highest office of the land.”

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Government withholding allowance, claims office of former President

The office of former President Mohamed Nasheed has accused the government of “negligence” in providing the legally-mandated monthly allowance to cover expenses of the former’s president’s office.

In a press release on Thursday, the former president’s office noted that article 8 of the Privileges and Protection for Former President’s Act (Dhivehi) states, “In the event that a former president wishes to conduct social work beneficial to the community, the state shall provide up to MVR175,000 (US$11,350) a month to arrange for an office, employees and other matters.”

The social work to be carried out by the former president’s office included “efforts to develop and strengthen democracy,” the press release explained.

Article 128 of the constitution states that a former president “serving his term of office lawfully without committing any offence, shall be entitled to the highest honour dignity, protection, financial privileges and other privileges entitled to a person who has served in the highest office of the land.”

The Privileges and Protection for former Presidents Act of 2009 was the first piece of legislation passed by the 17th parliament elected in May 2009.

The press release meanwhile revealed that the government first provided the state benefits due to the former president by law “four months after he left office” when a letter was sent to the Finance Ministry on April 30.

However, the financial benefits were discontinued four months later in August 2012.

Officials of various rank at the Finance Ministry as well as Finance Minister Abdulla Jihad were approached “repeatedly” regarding the benefits and all requested information was provided in a letter on August 27, 2012.

While Finance Minister Jihad had said that the ministry would send a letter seeking further information concerning the work of the former president’s office, the press release noted that the said letter had not been sent as of November.

On Jihad’s claim to local media that he was unaware of the location of the office and had sent a letter seeking clarification, the press release stated that “the minister should believe that a letter sent to an office whose address he did not know would not be delivered.”

“We note that this office has not been informed of the reasons for the sudden discontinuation of the benefits previously provided,” the former president’s office said, adding that a “verbal explanation” by ministry officials that the benefits were discontinued on orders from the Finance Committee of parliament was refuted by the committee.

While the amounts to be paid as benefits were specified in the law, the press release alleged that the Finance Ministry had not deposited the full amounts.

The law stipulates a monthly allowance of MVR 50,000 (US$3,243) for a president who has served one term.

The former president’s office expressed concern with the ministry’s failure to adhere to the law and called on the government to “respect the laws” and ensure “administrative fairness” by the state.

In October, local media gave conflicting statements regarding the reasons for the withholding of Nasheed’s office allowance.

Sun Online reported Jihad as saying that the issue was related to the unknown location of Nasheed’s office whereas Haveeru said that the suspension of privileges was related to a disagreement over whether former presidents were required to conduct charitable activities.

“In reality, the office should be involved in holding social activities. However, the concern of these members is that there is no social work to be seen by the (Nasheed’s) office,” Jihad was quoted by Haveeru.

“It has to be clarified. Hence the financial allowances have been halted for the time being. We still haven’t been provided with the information we sought in relation to the office,” Jihad told the paper.

Meanwhile, in March, the government had questioned Nasheed’s eligibility for state benefits on the grounds that he had not completed a full five-year term in office.

In June, Maldivian Democratic Party (MDP) MP Ahmed Hamza revealed that the state had spent MVR 1.3 million (US$84,300) on healthcare costs for former President Maumoon Abdul Gayoom and his wife from 2010 to April 2012.

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