NGOs raise concerns over rapid constitutional amendment
The statement urged the government and parliament to ensure adequate consultation and public participation.
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Eleven civil society organisations in the Maldives have raised concerns about the government’s decision to pass a constitutional amendment in parliament within a single day.
In a joint press release issued on Thursday, the organisations criticised the swift process, emphasising the lack of transparency and public participation. The signatories of the statement include:
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Transparency Maldives
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Save the Maldives
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Association for Democracy in the Maldives
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Uthema
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Equal Rights Initiative
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Zero Waste Maldives
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Maldives Local Council Association
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Hope for Women
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Project Thimaaveshi
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Belief Maldives
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Ecocare Maldives
The statement condemned the hasty adoption of the constitutional amendment, describing it as a violation of democratic principles and procedures outlined in the constitution.
The organisations argued that the process undermined Article 4 of the constitution, which states that all powers of the state originate with the people.
Additional concerns outlined in the press release included:
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Insufficient time allocated to deliberate on the amendment, with the bill being presented at night and worked on the following day, limiting members' ability to fulfil their responsibilities.
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The lack of opportunity for civil society and the general public to review and debate the amendments, which they argued is essential given the significant impact of constitutional changes.
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The absence of adequate consultation and participation by civil society and the public, hindering the exchange of views under democratic principles.
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Concerns over the procedural adequacy of the Attorney General’s role in the amendments, suggesting insufficient safeguards were in place.
The press release also highlighted specific issues with the amendment, including:
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A new article granting the president exclusive power to formulate national development policies and plans, which was described as a departure from the principles of separation of powers and decentralisation.
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Provisions allowing political parties to expel members, with the potential for members to lose their parliamentary seats, thereby discouraging independent decision-making and limiting their ability to represent constituents effectively.
The organisations called for the strengthening of the anti-corruption framework to address concerns about potential member corruption and stressed that constitutional amendments should adhere to democratic principles and parliamentary procedures.
The statement urged the government and parliament to ensure adequate consultation, public participation, and adherence to principles of transparency and accountability when enacting constitutional changes.
“These organisations call for the protection of democratic principles and legal rules in amending the constitution, which is the foundational law that protects the powers and rights of the people and shapes the executive system,” the statement concluded.