Members working extra time to complete constitutional reform

14 November 2007
Report: Ayya

In order the constitutional reform be completed by end November this year, the Members of the people’s Special Majlis are working extra he and, in a united spirit.

In this regard additional sittings have been scheduled. The Speaker of the Special Majlis Qasim Ibrahim has decided to schedule additional on all days of the week except Friday. 3 sittings have been scheduled each day, one in the morning, one in the afternoon and one in the evening.

2 sittings of the Special Majlis were held on last Monday. At these sittings many of the Articles of the Bill on Judiciary were sent back to drafting committee as they failed to achieve Majlis consensus. However the Bill on Property, Liabilities and legal actions of the state were passed during the 2 sittings.

The first main agenda item of the 201 sitting on last Monday morning was putting the remaining articles of the Bill on Judiciary that was not put to vote at the 200 sitting of the Majlis, to vote. In this regard articles from 6 to 11 are put to vote. Draft Articles 6, 7, 8, Clause (a) of Article 9 and 11 were passed. Draft Article 10 were rejected by the Majlis and had to be sent back to Drafting Committee along with the rest of the Articles of the Bill on Judiciary that failed to achieve Majlis consensus.

Speaking at the debate time opened by the Chair, MP for Kaafu Atoll Maria Ahmed Didi said that Members were mostly concerned with the omission of the words “Islamic Sharia” from the Draft of the Bill on Judiciary. She noted that even though she supported for the inclusion of the words Islamic Sharia, she noted the lack of response from the President’s Members and Cabinet Ministers. She said such actions are regrettable and accused the government of trying to influence the Majlis. She offered proof of her statement by saying President’s Member type government’s thinking during an unofficial meeting held.

After the debate time, the floor was opened for submission of amendments for the Bill on Property, Liabilities and Legal Actions of the State. All submissions of amendments were completed during the sitting held in the afternoon.

A total of 6 Articles constitutes the Bill on Property, Liabilities and Legal Actions of the State and deals with State property and assets, Land Sea and Resources, Ownerless Property, State Transactions, Prohibition of Foreign Ownership and Legal Actions.

During the debate time opened, opinion was divided among members on the Article 5 of the draft. Clause (a ) of Article 5 states that no person who is not a citizen of the Maldives, and no foreign corporation shall own any part of the territory of the Maldives or receive any lease there of exceeding 99 years. Clause (b) states no part of the territory of the Maldives shall be used for foreign military purposes without the approval of the Majlis.

Members expressed their dissatisfaction of the clause (a) of the Article 5. They say that the duration of 99 years is too long a period. Member in favor of the draft said that in order to attract foreign investors 99 years is not a lengthy period.

All articles of the Bill on Property, Liabilities and Legal Action of the State except clause (b) of Article 3 and clause (b) of Article 5 of the draft were passed as proposed by the Drafting Committee. Article 4 of the draft failed to achieve Majlis consensus. Article 4 states that any transfer, sale, lease or mortgage of any property or assets of the state, any borrowing of money or guarantees of repayment and other agreement, shall only be entered in to the Executive pursuant to the enacted by the parliament.

Clause (b) of Article 3, passed as per the amendment of MP for Male’ Ahmed Athif states all property such as gold, silver or jewelry, money or item’s of historical interest, without a rightful owner, shall vest in the state. Clause (b) of the Article 5 passes with the amendment proposed by MP for Male’ Mohamed Shihab states no part of the territory of Maldives shall be used for foreign military purposes without the approval of the People’s Majlis.

The rest of the articles of the Bill were passed as proposed by the Drafting Committee.