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Debate on Constitutional Reform

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For the creation and implementation of a proper democratic state, it is absolutely vital for the state laws or the constitution to embody equality and compassion. It must be compiled and adopted only after exhaustive debates and deliberations. It must also be passed by a truly representative body not hand picked by any one person or group. It must also consist of people who are capable, learned and diligent. Representatives of the people must have strong moral principles and must be able to transcend the selfishness and greed that comes with power. They must have the well being of the people at their hearts and must thrive on a humane agenda to create a just society that can prosper and protect its future generations. Therefore, it is paramount that the rights of the people to be preserved with strong and clear set of laws as in the Universal Declaration of Human Rights, for example. [Related Articles and References]

Have Your Say

What are the necessary amendments to our constitution, that will guarantee us our rights?

  • Do you believe that there should be complete separation of the powers of the Executive, Legislature and the Judiciary?

  • Do you believe in the abolition of the President Appointment of Member to the Parliament?

  • Do you believe that the Proportional Representation should be introduced to ensure that each member of parliament is representing an equal number of citizens/constituents? For example, Vaavu Atoll has 1158 eligible voters electing 2 MPs when Male' has 29,582 voters electing 2 MPs)

  • Do you believe that MPs should have a minimum education standard or pass a test to be able to stand for the parliament?

  • Do you believe that the President should be elected by a public election and therefore the abolishment of the secret ballot in the parliament?

  • Do you believe that there should be an independent constitutional court and supreme judges in the Maldives?

  • Do you believe that Maldives should ratify the United Nations Human Rights Declaration? Do you think it should be enshrined in the Constitution?

Fully agree on the point of ammending the constitution;-
1. not to give power to someone who are unable to serve the nation.
2. to avoid corruption
3. to serve everybody equally
4. to have a good labour law which protects us and our nation.
5. to have a good justice system
6. freedom but not for the drung gangs!!!
7. etc.....
-to do this we need to bring a big change- such like;-
- bringing a lot of changes to most of the senior positions in the government.
- to give power to the island people to select their leaders.
To say simply we should cut down the old generation "island chiefs, atoll chiefs, etc.." who are unable to fulfill their duties in this century. I mean those who are uneducated!!!.... lot to write.
I wish my point of view is clear.
Naad - Maldives


According to Aafathis today Gayyoom has asked ALL CITIZENS OF MALDIVES to send in suggestions on the necessarily amendments to the Maldives Constitution. This is a welcome move by the Dictator, but I feel this is again going to be another 'Show and Tell' session to the Maldives people.

If I may make a suggestion, and I stand by this and hope that many do too, I feel that all amendments to EVERY or ANY CLAUSE of the constitution (that are going to be made by the newly elected Majlis) should be adopted immediately instead of waiting for the whole thing to be finished in another '17 years' time. This is how its done in many other civilized and working true democracies.

'The first Amendment to the Maldives Constitution' should be to GUARANTEE the right to freedom of speech, press and the right to gather and express themselves. And this amendment should be recognised as the very FIRST AMENDMENT to the constitution and should come into effect IMMEDIATELY.

Before this Amendment is made and GUARANTEED, I cannot believe anything else Gayyoom says EVER.

Once the people are empowered, then we can talk about the rest of the constitution. Only then can the people really make any suggestions to any amendments without any fear of any possible repercussions.

Dear DO readers, If you agree with my suggestion, please forward the same suggestion to President Gayyoom. ALL EMAIL SUGGESTIONS TO THE PRESIDENT SHOULD BE SENT TO info@po.gov.mv . Please title the emails as "CONSTITUTIONAL AMENDMENT SUGGESTIONS" as per the presidential press release.

NO PART OF THIS SUGGESTION OR ANYTHING ELSE THEREIN SHOULD BE ASSUMED OR TAKEN AS IMPLIED.

Mariyam Mohamed <DO contributor>
Maldivian Citizen - Friday, May 28, 2004

This new Majlis is another fool Maumoon is playing, don't hope to get passed anything against which Maumoon don't like, as simply he hold the majority still. Please read the open letter in Sandhaanu latest issue, law Majlis members are include present Majlis members, cabinet and 8 appointed by Maumoon, so that means majority is with him. Its rather a useless cat and mouse game, again....be aware.

Democrat <democrat@hotmail.com>
Colombo, Sri Lanka - Thursday, May 27, 2004 at 23:17:11 (MDT)

I hope Gayyoom is reading this. I want freedom of press to be a main point discussion in the Parliament so that people can express their feelings on government funded projects or other development projects funded by foreign parties. Things like these has to have a saying of the whole of public and not by a party or from a department.

Beybe
Maldives - Wednesday, May 26, 2004 at 23:44:41 (MDT)

This is another good beginning.

I must say that I do agree with the points proposed. If I may I will have specific comments.

1.Seperation of powers of executive (president or PM and other government posts), legislature (The Majlis) and the Judiciary (courts...all of them) is absolutely vital.

2.I believe it is absolutely of no democratic value for the president to have appointed members in the parliament. He can still have legally and democratically elected members in the Majlis from either his party of independents who support him.

3.I still believe that it is reasonable to have members from regions, regardless of the number of people living in that region. Yes Vaavu atoll has significantly less people- but this also means that their needs and conditions may be different from others in more populous areas. So they need to have a voice of their own. The other alternative
is to have more equal population distribution - which is not possible in the near future and to strictly influence and enforce it maybe a type of human rights abuse.

Male having the chance to elect 2 members is an issue. But if we can make Male' the "federal" area it can have 2 members in parliament........but I guess this is debatable.

4.It is very good if we can have rather well educated people in the Majlis. But I don't know what level of education it should be. Certainly with the inequality of education available to those people in the rural areas it will be discriminatory to put a higher educational requirement.

Educated people may be good, but not always necessarily better than the less educated or non-formally educated but able people. We would certainly want them to be able to read, write and reason things. But a
better qualities would be truthfulness, honesty, patriotism, capacity to lead, manage and organise things well.

5. No "secret" ballots in the parliament. Presidential General election by the public with more than one candidate to vote for would be ideal. Candidates may be representing a party or self representing. An independent election commission with necessary powers will need to be running the process with observers form the different parties, national figures and international regulation bodies (not just friends in friendly countries).

6. Supreme court is a big thing to have. But yes....it is a good idea. However I wonder who the judges will be. They have to be Maldivians with sound legal background and experience. I am not the best judge of judges.....

7.The UN Human rights declaration and "Islamic human rights declaration" should both be enshrined in the constitution.

I wonder how many of you have read this lovely story but I find it very good. It made me want to do something to help my kids have a better homeland to return to. http://www.e-maldives.com/imagine/index.html
l

Feedback
NY City, NY USA - Monday, May 24, 2004 at 23:12:25 (MDT)

A humble contribution regarding the Constitution of the Maldives

Proudly proclaiming my individual status of being a Maldivian scholar abroad, I take the honour to fulfil my obligation towards my country on the occasion of amending the country’s Constitution. While the country is experiencing many forms of reform aimed to design a better system for the wellbeing of the nation and for the future generations of the country. Every Maldivian shall find him/her self obliged to bestow the best donation to their country to make it a better place to enjoy their legal rights.

Every nation as an institution of human civilization requires a government to prevent injustice and maintain order and set boundaries. People need boundaries. The healthiest, happiest children are those with clear boundaries. Citizens shall thereby be subject to the laws of the land in which they reside. Property is secured with boundaries. Armies and business organizations are subject to internal and external rules of order and discipline.

In framing a government for the gratification of the institution; the government of men over men, there are two fundamental requirements that enable the government to control the governed, and at the same time oblige it to control itself. This requires civil laws to restrain men in society, so the Constitutional laws to restrain men in power thus the flawed human nature and unrestrained power is a dangerous combination.

We Maldivians have a Godly law pertaining to our Islamic belief; the fundamental foundation that our Constitution shall oblige upon, provided the adaptation of the Constitution shall not be influenced to any degree to tyrannical and authoritarian powers. Thus the Constitution shall be the fundamental law of the Maldives with the lawful authorization by the people for the implementation of the said Constitution. A Constitution as such, would unable the future of Maldivian civilization and the future of the Maldivian political institutions being staked upon the centralized power of despotic governments and only upon the capacity of the power holders and the question of liberty and security will be guaranteed by the Constitution to the government as well as to the governed.

Powers of the state within the Constitution
 
 Separation of Powers is one of the major concepts to reduce the governmental violation of the individual rights, where the government’s role is to protect individual rights. This is an extremely vital fact when there is an acknowledgement that the government has historically been the major violator of these rights.

The Constitution shall therefore distinguish the major powers of the state by the kind of power they exercise. Because the fundamental presumption behind the Separation of Powers is that when a single person or group has a large amount of power, they can become dangerous to citizens. The Separation of Power is a method for removing the amount of power in any group's hands, making it more difficult to abuse. Therefore, the Executive, the Legislative, and the Judicial powers of the state shall be separated by the Constitution. The Legislative branch has the ability to enact laws. The Executive branch has the ability to see those laws enforced. The Judicial branch has the ability to decide the guilt of a party, allowing punishment. This will reduce the government’s ability to obtain unlimited power and the requirement for the combination of these three powers will per se increase the likelihood that the government will not initiate violent force.

Having left my analysis on the Constitution in force at the back of my mind, I would hereby humbly request the people who assigned themselves to this assignment, to accomplish the burdened mission with honesty, loyalty and faithfulness to the country.

May Allah the Almighty’s blessings be upon you.

Alhan Fahmy - via email - alhanfahmy@hotmail.com

Yes, I support the changes proposed by MDP, I support for the  UN's Universal Human rights declaration to be especially enshrined in the constitution and laws giving all the freedoms in the charter including the freedom of belief and conscience...I support the rest of the proposed changes by MDP too.... wished we could all bring down the DHAJAAL down from the power...

ADAM <musics100@hotmail.com>
Clagary, AL Canada - Monday, May 24, 2004 at 18:41:50 (MDT)

Take it as the beginning of human rights

A sermon that calls for the full implementation of human rights

Please read the last sermon of Prophet Muhammadh's (S.A.W) 

                                                                                Bismillah

This Sermon was delivered on the Ninth Day of Dhul Hijjah 10 A.H in the Uranah Valley of mount Arafat

"O People, lend me an attentive ear, for I don't know whether, after this year, I shall ever be amongst you again. Therefore listen to what I am saying to you carefully and take these words to those who could not be present here today.

O People, just as you regard this month, this day, this city as Sacred, so regard the life and property of every Muslim as a sacred trust.

Return the goods entrusted to you to their rightful owners. Hurt no one so that no one may hurt you. Remember that you will indeed meet your Lord, and that He will indeed reckon your deeds.

Allah has forbidden you to take usury (Interest), therefore all interest obligation shall henceforth be waived... Beware of Satan!, for your safety of your religion. He has lost all hope that he will ever be able to lead you astray in big things, so beware of following him in small things.

O People, it is true that you have certain rights with regard to your women, but they also have right over you. If they abide by your right then to them belongs the right to be fed and clothed in kindness. Do treat your women well and be kind to them for they are your partners and committed helpers. And it is your right that they do not make friends with any one of whom you do not approve, as well as never to commit adultery.

O People, listen to me in earnest, worship Allah, say your five daily prayers (Salah), fast during the month of Ramazaan, and give your wealth in Zakath. Perform Hajj if you can afford to. You know that every Muslim is the brother of another Muslim. You are all equal. Nobody has superiority over other except by piety and good action. Remember, one day you will appear before Allah and answer for your deeds. So beware, do not astray from the path of righteousness after I am gone.

O People, no prophet or apostle will come after me and no new faith will be born. Reason well, therefore, O People, and understand my words, which I convey to you. I leave behind me two things, the Qur'an and my example, the Sunnah and if you follow these you will never go astray.

All those who listen to me shall pass on my words to others and those to others again; and may the last ones understand my words better than those who listen to me directly. Be my witness oh Allah that I have conveyed your message to your people."

(  My thanks to staff of dhivehiobserver, )

Salaam.
Nazeer Ahmed Jamaal - via email

I think the constitution must go through a public referendum not through the nominated Majlis by Gayyoom. What we need is an open discussion and not Gayyoom's vision, so that he can stay in power as long as he wants.

Majlis
Male, Maldives - Monday, May 24, 2004 at 14:32:59 (MDT)

I am in complete agreement with all the points above. It is pivotal that we sign up to UN Human Rights Declaration and enshrine that in the Constitution; that will guarantee us all our rights but I am not sure if these MPs will be able to get that through.

Hassan Mohamed
Male', Maldives - Monday, May 24, 2004 at 10:53:44 (MDT)

No "kingdom" allowed. We don't need no "king". The constitution needs to be made in such a way the PEOPLE will benefit. It has to be a peoples' constitution for the people BY the people.

Moya Soreh
Male', k Maldives - Monday, May 24, 2004 at 10:46:02 (MDT)

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