As part of a final review of the constitution in progress, President Gayoom has requested seven key areas be addressed before the document is finalised by the Special Majlis (constitutional assembly) – including a request for some form of presidential immunity from prosecution.
The draft was completed earlier this month, but is now undergoing last-minute revisions before ratification by the president.
But legal reform minister Mohamed Anil has told local media the delay to the constitution will limit the number of new laws that can be passed before this year’s presidential election, the country’s first multi-party polls.
Presidential Immunity
One area of concern for the president is that of presidential immunity from prosecution. Immunity was proposed by the government’s Dhivehi Raiyyithunge Party (DRP) during the drafting process, but did not pass a Special Majlis vote.
Member of the drafting subcommittee Hassan Afeef said the proposal had failed to pass because, using wording similar to that in the current constitution, “it would have meant there was no way to bring him before a court of law.”
Therefore if the constitution was ratified in its current state, the president would be open to prosecution, according to Muiz.
The president now seeks a level of protection, but “not total immunity”, Muiz adds. And information minister Mohamed Nasheed says the president should have a level of immunity from civil suits and prosecution in discharging his official duty.
“If not it could lead to a situation where anyone with vested interests could stop the country from working,” he told Hamaroalhi.
Afeef said the subcommittee has drafted a clause to allow the postponement of prosecution until the end of office. “[A president] cannot be dragged to court all the time,” said Afeef.
But after the term ends, charges can be brought, with Afeef saying “there is no way he can be immune after he leaves office”.
Majlis
The subcommittee is also working to clarify the involvement of the Majlis (parliament) in decisions made by the executive, such as control of the military, proclamations and ratification of conventions.
The government has asked to limit the Majlis’ power to alter a proclamation made by the president, such as that of a national emergency, so that parliament cannot add new provisions.
Afeef, a member of the opposition Maldivian Democratic Party (MDP), supports this change. “The proclamations would limit the power of the people, so why should parliament want to increase that?” he said.
The government is also seeking to reduce the authority of the Majlis over security forces so the Majlis’ role does not clash with that of the executive.
And “mistakes” in the document will also be corrected, such as a clause saying proof in criminal cases should be “beyond all doubt” instead of the correct wording, “reasonable doubt”.
Citizenship
Earlier this month Robert Blake, US ambassador to Sri Lanka and Maldives, said a clause stipulating Maldivians had to be Muslims did not align with international conventions.
The constitution being drafted says Maldivians who are not of the Islamic faith will lose their citizenship.
Blake said the government told him they would look into the issue, but it has now been dropped.
Muiz said the reason the subcommittee had not addressed the matter was because the office of the attorney general (AGO) had failed to request any changes be made.
Afeef says the subcommittee has “left the issue for the main committee to decide” as it is a “controversial issue” that they did not want to broach.
State attorney Shameem said it had not been altered because of its “sensitive” nature, but mentioned the issue might even be taken to the new Supreme Court after ratification.
Revisions
Subcommittee chair Ahmed Muiz said President Gayoom had sent a letter to the speaker of the Special Majlis, Gasim Ibrahim, on 21 May highlighting ten key areas to address. Three such issues have since been dropped, leaving the seven as top priorities.
The subcommittee of the constitutional drafting committee is now working on solutions to over 200 issues raised by the government, including those identified by Gayoom.
On endorsement by the full drafting committee, the material will be passed to the Special Majlis (constitutional assembly) for debate and voting, before the whole document is sent to the president for ratification.
Information Minister Mohamed Nasheed told Hamaroalhihe believes the president’s concerns will “make it impossible” to ratify unless they are resolved.
Timeframe
The government has promised international diplomats the constitution will be finalised in time to set up independent commissions for this year’s presidential elections, but ongoing delays mean time is running short.
Legal reform minister Mohamed Anil told Miadhu the delays may affect legislation prior to elections, indicating certain laws may not have time to pass.
The initial deadline – set in 2004 as part of the government’s Roadmap for the Reform Agenda – for the new constitution was June 2007.
But now attorney general Azima Shukoor says the document will “hopefully” come into force in June 2008.
With government suggesting August 9th as a possible election date, parliament will have under two months to pass the laws necessary for independent commissions.
Judicial services and anti-corruption commissions are to be established within 60 days, meaning they may not come into being until after elections.
