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March 22, 2023: President of the Election Commission Fuad Thaufeeq gives an interview to Atoll Times. Dhauru Photo/Muzayyin Nazim

EC chief says against legal amendments ahead of elections

The commission has been invited to appear before parliament this week to discuss the issue of the amendments.

26 March 2023

By Mohamed Muzayyin Nazim, Ahmed Naif

Elections Commission (EC) President Fuad Thaufeeq has said that the amendments to the election laws were sent to the Attorney General's Office a couple of years ago and he is not in favour of passing them at a time when the presidential elections are just a few months away.

Fuad made the remarks in an exclusive interview with Atoll Times on Wednesday about the issue, which has been raised by organisations.

Ahead of the presidential elections due in September, the government had last month moved amendments to three election laws. Organisations have expressed concern over the amendment of election laws in this manner with six months to go for the presidential elections.

Amendments have been proposed to:

  • Presidential Election Act

  • Elections (General) Act

"I also believe this is not the right time for that [to amend election-related laws]," Fuad said when asked about the concerns of various organisations. 

"We started the process two years ago. [Amendments] were sent to the Attorney General two years ago. However, it was delayed in being sent to the parliament."

Noting that the Elections Commission does not directly bring amendments to parliament, Fuad said if the laws are to be amended in a way that the public trusts, the only option is to submit an amendment to parliament through the Attorney General. Fuad said that if the commission tables its own amendment through a member, it will be "pictured in a different colour". He also expressed concern over the delay in sending the amendments to parliament despite the commission forwarding them to the Attorney General's Office two years ago.

"It's been so long since we had sent it to the Attorney General. We were asking the Attorney General to expedite the process of sending the amendments to parliament. However, given the functioning of the Attorney General and the functioning of the parliament, our reforms have been delayed and delayed and finally reached this point," Fuad, who is serving a second term as the commission's president, said.

"We first completed these works two years ago and even submitted it saying that there will be a lot of difficulties in this regard as the elections approach. There will be a sense of criticism in people's minds, there will be questions now."

Fuad said the commission had asked the attorney general to send the amendments to parliament at least a year before the election. Fuad said the request was made because if the laws are amended close to the elections, there will be doubts among the general public about the elections.

"That's what has happened now," Fuad said.

"It is now less than six months and now these amendments are in parliament. That's why you're saying that some of the things in it are questionable in people's minds."

The commission has been invited to appear before parliament this week to discuss the issue of the amendments. The commission is expected to discuss the amendments before going to Parliament.

When questioned if he would ask the parliament to reject the amendments when Fuad believes it is not right to pass amendments at this juncture, Fuad said a decision will be taken after consultation with the commission members. He said the decision will be made public in the parliament.

"However, I personally believe that and the commission members also believe that [amending the laws so close to election date] it is not appropriate," Fuad said.

"There is a discussion within us about how we should act in this situation; to withdraw now or leave it to move forward. The commission members are yet to take a decision on this."

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