Talking Point

Whether Maldivians within the bracket of 18 and 21 years shall be allowed to vote in the upcoming public referendum is the question the Chair of the Peoples Special Majlis is not allowing the members to debate or decide. The referendum is to decide the system of government to be installed under the new constitution. The Chair has repeatedly said that the matter cannot be put to a discussion or vote. The stand of the Chair has come under immense pressure from certain quarters of the Special Majlis and the media.

The Chair has been prevented from doing any business in the Special Majlis. About 10 or so members affiliated primarily with MDP have continued to disrupt the proceedings through points of order, clapping, shouting, verbal abuse and booing. Few sittings back to back have been such a spectacle. The last one held on Monday, 9 April 2007 was especially noteworthy. It was adjourned indefinitely because the Chair found it impossible to continue when those members refused to stop shouting, clapping, booing and abusing the Chair.

When the proposal to allow Maldivians within the bracket of 18 to 20 years to vote, first came, the Chair refused to entertain the proposal. The position was maintained by the Chair for a few sittings despite the disruptions. Mr Shaaheen Hameed on the Chair felt that it was in conflict with the constitution. The constant disruption by those members caused the Chair to consult the administrative affairs committee. The committee advised the Chair to table the matter for discussion and debate by the Special Majlis. The matter was put on the agenda.

Members affiliated primarily with DRP refused to attend that sitting for which the matter was included for debate and decision by the Special Majlis. They held the view that they supported the position laid out by the Chair in the past few sittings and the matter cannot be discussed, debated or voted because it simply was not possible under the constitution. The Chair sought independent legal opinion as well. The matter was later taken out of the agenda. The subsequent sitting saw the Special Majlis relapse into the previous disruptive mood, almost always caused by those 10 or so members affiliated primarily with MDP.

But what is the issue? Why this impasse? Why is the Chair refusing to allow the matter for debate in the Special Majlis?

The Special Majlis Rules require it to decide the main features and principles of the new constitution before taking up any other business. Independence of the judiciary, independent offices and institutions, parliament and its composition, local governance, fundamental rights and liberties are all important principles or features the Majlis have decided. The constitution is drafted taking these decisions in to consideration and in a manner consistent with those principles.

On 22 June 2006 the Maldives Parliament voted not to accept the Bill on Political Parties. It was a Bill submitted by the Government. Earlier the Government had introduced a set of Rules on Political Parties facilitating registration of political parties in the country pending proper legislation. Those Rules were introduced by Presidential Decree issued on 5th June 2005.

Submitting a Bill on Political Parties was a requirement on the part of the Government under the Roadmap. It aims at providing political parties with proper legal clothing in their registration, organization and functioning. Parliament took four sittings of debate on the bill between the period of 26th April 2006 and 22nd June 2006. The debate went well on all four days. The primary debate on the bill’s policies and principles ended on 22nd June 2006.

According to Majlis Standing Orders, a vote has to be taken after a primary debate on every bill to see if the bill is in principle acceptable to the Parliament. If the bill is rejected in that vote, it means the House did not agree to the principles contained in the bill. If the bill is accepted, then the process of detailed debate happens, amendments are proposed and actual improvements are made to the bill.

I often hear of the shadow cabinet of the Maldivian Democratic Party. I also see newspapers and websites carry statements made by their shadow ministers. Sometime back, a friend told me that shadow island chiefs too have come into being now. However, it was a few days back that I heard the best so far: the story of a shadow Mudhim (an in charge of a mosque who leads prayers in congregation).

The word shadow has in large part come to be identified in the Maldives with persons who shall take up public office if and when MDP comes to power. But how many have thought about the following?

Peoples Special Majlis or the Constitutional Review Assembly saw on 26 April 2007 the second attempt to cause Abbas Ibrahim, its Presiding Officer to resign. Abbas Ibrahim is a member elected from Gaaf Dhaal Atoll to Parliament. He is a member of the Special Majlis because the Constitution requires Parliament Members to be part of the larger Special Majlis. He was elected to the chair of the Special Majlis at its inception in 2004. Few months later he was elected again when the office fell vacant on a technicality. When the old Parliament was dissolved and the new one was formed in February 2005. So he has been on the chair ever since the constitutional review process began in 2004.

Abbas Ibrahim, the Presiding Officer of the Peoples Special Majlis, has sent in his resignation this Sunday morning in a letter addressed to Shaaheen Hameed, his erstwhile Deputy – just 2 weekend holidays after Thursday’s failed no confidence motion.

On 14th April, 2007, I concluded the 12th session of monthly dialogue that I began a year ago with the Maldives media outlets. I first met them on 3rd May 2006 on the occasion of the World Press Freedom Day.

UN General Assembly in 1993 decided to mark “World Press Freedom Day” on May 3rd every year. The day is sponsored by UNESCO. It is about celebrating press freedom, raising awareness on violations of the right to free expression and remembering the sacrifices many journalists around the world make risking life or freedom in their work. The day also signifies the importance of media for democracy and development.