Gayyoom's decrees violate the constitution :: Maldives News :: Dhivehi Observer

Editorial
Dictator Gayyoom's decrees violate the constitution

By A. S. I. Moosa (Sappe'), 19 December 2005

In Gayyoom's latest bid to win the support of the international community, his 'reform team' held a news conference in Colombo on 16th December in which they unveiled the plans for 'New Maldives – Reform and Democracy' package.

Interviews given by Gayyoom's Foreign Minister Dr. Shaheed to international media, particularly those reported by China Post and the BBC are quite astonishing to say the least.

In the BBC interview he is reported to have said that the government had decided to get a foreign expert to help draft a new constitution after consultations with the political parties. However, according to MDP officials, they have refused to participate in any multiparty talks until all political prisoners and detainees are unconditionally released. This includes MDP Chairman Mohamed Nasheed, MDP Council Member Jennifer Latheef as well as other prominent prisoners of conscience such as Naushad Waheed and Sandhaanu Didi. So it is quite clear that no talks have taken place between MDP and Gayyoom and hence this statement by Dr. Shaheed is yet another fabricated lie to appease the international community. Gayyoom is in a desperate situation to mend fences with them because he needs their financial assistance and support to sustain his autocratic rule.

Dr. Shaheed did not stop there. He explicitly blamed the members of the Special Majlis for the delay in getting the reform agenda implemented. He was quoted as saying "If as the president promised at the beginning of the year our parliament had started its work we would be having a new constitution by now." Perhaps Dr. Shaheed is trying a little too hard to convince the international community that his boss is really sincere. Dr. Shaheed as well as the other ministers who were presented the 'New Maldives' concept at the Colombo conference are all members of the constitutional assembly by virtue of being cabinet ministers. Gayyoom has 16 appointed MPs, more than 7 cabinet ministers on top of his overall majority in the special majlis. However, he is claiming that he could not fast track the constitutional amendments because of the 'filibustering' by parliament members. MDP Presidential Candidate and MP for Male' Hon. Mohamed Shihab dismissed this claim saying "If President wants to really proceed with work, he can do so at will because he has an absolute majority in the constitutional assembly. This allegation that we are the reason for the delay in implementing his reform package is totally false". Out of the 113 or so members of the constitutional assembly, less than 20 members are from the opposition Maldivian Democratic Party. Gayyoom's cabinet minister, appointed MPs and the remainder of MPs are under his full command.

Another point to note is that the Special Majlis is headed by Gayyoom's brother in law Abbas Ibrahim and deputized by Gayyoom nephew Shaheen Hameed. After taking power by force in 1978 (Gayyoom personally admitted that he was in possession of illegal firearms whilst he took the oath of office) Gayyoom spent 17 years amending the constitution which came to effect in 1997. Gayyoom then hailed it to be a model democratic constitution. But nothing could be further from the truth. The constitution was a blue print for Gayyoom to run the Maldives as a dictator implementing his will and overriding basic principle rights of the people enshrined in the constitution such as freedom of association, expression and assembly. Gayyoom was very happy with his 'model' constitution but pressure from within the Maldives forced him to announce constitutional reform in June 2004 yet he is using delay tactics so that he can remain a dictator forever.

In an attempt to convince the international community Gayyoom's Foreign Minister announced that they will be implementing proposed amendments to the constitution by presidential decrees. Shaheed said he will lift a ban on women running for the presidency. A Human Rights Commission will be created, provision will be made to limit the term of presidency to two five-year terms, a post of prime minister will be created, and the executive, judiciary and the legislature will be separated. What he does not realize is that these amendments to the constitution cannot be carried out outside the parliament.

According to legal and constitutional experts, a presidential decree to bring these changes to the constitution will be in violation of it and amounts to nothing but high treason. "Constitution cannot be amended by Presidential Decree. Constitution specifically requires certain structures within the government. Such provisions cannot be changed except by the methods specifically stipulated in the constitution. So any decree of such nature will be in blatant violation of the constitution" said former attorney general Dr. Munavvar, who is also running for the leadership of the MDP. Dr. Munavvar is an authority on legal and constitutional affairs and holds a doctorate in Law.

Article 101 of the constitution says "Any article or provision of this Constitution may be amended only by a law passed by a majority of votes in the People's Special Majlis and assented to by the President". It could not be any clearer. So Gayyoom has just announced to the world that he is now going to undermine the constitution of the Maldives by amending it with decrees to fast track reform process.