Petition calls for withdrawal of bill giving cabinet power over council land

An e-petition calling for the withdrawal of a bill that would give the Cabinet powers to reclaim land and property under local councils has been submitted to Parliament and opened for public signatures.

The petition was submitted by Midhuam Saud, founder of Aamunge Jamiyya, in response to an amendment to the Decentralisation Act introduced to the People's Majlis last week.

The bill was submitted by Thulhaadhoo MP Abdul Hannan Aboubakuru, an independent MP who has supported government policies and previously introduced legislation backed by the administration.

One of the provisions in the bill would allow the Cabinet to remove land and property from a council's jurisdiction for government development projects.

Under the proposed amendment, the Cabinet would be able to make such a decision notwithstanding provisions in the Decentralisation Act or other laws.

Once the decision is communicated to the council by the relevant national authority, the Local Government Authority (LGA), the land or property would cease to be under the council and come under state authority. The decision would also have to be published.

The petition argues that the proposed amendments would transfer powers held by elected councils to the Cabinet.

It also raises concern over provisions allowing action to be taken against councillors for opposing or failing to cooperate with government decisions.

According to the petition, the proposed changes conflict with the principles of decentralisation by reducing the authority exercised through elected councils.

Under Article 56-1 of the existing Decentralisation Act, the President has the authority to determine the jurisdiction of councils.

Several islands and lagoons have previously been removed from council jurisdictions under the provision. Existing law requires compensation for investments made on land that is subsequently removed from a council's jurisdiction.

The proposed amendment would expand the government's authority over land and property held by councils.

The bill also requires councils to hand over land requested for government development projects, including in cases where an island or city's physical development plan has not been approved or implemented.

It further proposes adding cooperation with government projects carried out for public benefit to the code of conduct governing councillors.

Obstructing government projects without reasonable grounds, or making decisions that result in such projects being halted, would also be classified as prohibited conduct under the proposed changes.

The amendment comes after local council elections held in April, in which the opposition Maldivian Democratic Party (MDP) secured majorities in city councils and a number of island councils.

Hannan previously introduced legislation relating to media regulation that was disputed over whether it constituted a government-backed bill. The legislation was later passed by Parliament and signed into law by President Mohamed Muizzu.