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Special problems with Maumoon Gayyoom from a correspondent 8 June 2004 translated by Maldives Culture editors Editorial comment below When the president talks about changing the constitution and gathers people at various places in the island, the system is in crisis and there are conflicts of laws. According to article 93 of the constitution, the Special Majlis is a separate and independent body and must be run very differently from the normal Peoples’ Majlis. The President of Maldives appoints the speaker of the People’s Majlis, whereas the president of the Special Majlis is elected by the members of the Special Majlis. The president of the Special Majlis runs everything, and the executive President has no role in this activity. The Special Majlis must be run according to the constitution, which explains very clearly how the Special Majlis should be constituted and conducted. Many liberal thinking members were elected to the 1989 Special Majlis, and it functioned very well at first. While it was in operation, President Gayyoom formed an advisory council outside the Special Majlis. Some people remembered this was similar to the Elite 68 assembly that King Shamsuddheen formed to abolish the laws in the early 1930s. Gayyoom’s advisory council, appointed by him, marginalised the Special Majlis of 1989. Battlers for reform, let us not get stung twice by the same sneaky creature. The president has nothing to do with the Special Majlis. He may send matters to be debated to the Special Majlis through his members. People may send their concerns to Special Majlis through their own four representatives – two members of the People’s Majlis and two newly elected members of the Special Majlis. The Special Majlis should be conducted independently and separately from the president because its essential responsibility is to compose the documents that allocate powers to the branches of the government. Translated from original graphic in Fassangu Editorial comment The Special Majlis was intended to be a meeting of elected and appointed leaders from the country’s trusted elites who would make constitutional changes for the benefit of the whole country. It was meant to be above petty personal and domestic politics, and the President and all other citizens were expected to respect this role. Gayyoom sidelined the Special Majlis of 1989-90, and he is attempting to do the same to the 2004 Special Majlis. The President is pretending to lead a public reform campaign, while planning to sabotage the whole process and make a mockery of the Maldives constitution and legal system. In Male’, where Gayyoom is very unpopular, voter turnout for the Special Majlis extra members was less than 15%. Gayyoom has constantly manipulated election results and rejected reform members returned by the Male’ electorate, sometimes harassing good men like Mohamed Waheed and Mohamed Nasheed out of the country. Voters complaints were never independently investigated, and many people in the capital see no point in voting any more after seeing their choices so blatantly betrayed. Unpopularity in Male’ is a core problem for Gayyoom and his plans to keep control of the country. As long as he remains reliant on the NSS and torture, Gayyoom lives in fear of assassination, and in paranoia of all political reform. When those reforms eventually come, the President will have to flee the country or face trial for his crimes. Ultimately, Gayyoom’s fate will be decided by the National Security Service, but for many Maldivians the sentence has already been passed. Maldives Constitution Chapter 6 (Articles 92-105) The Legislature (2) The People's Special Majlis: 92. The power to make and amend the Constitution of the Maldives shall be vested in the People’s Special Majlis. 93. The People’s Special Majlis shall consist of: (a) members of the Cabinet of Ministers; (b) members of the People’s Majlis; (c) members elected from Male´ and the Atolls in accordance with law. Members elected from each constituency shall be equal in number to the members elected to the People’s Majlis from each constituency; and (d) eight members appointed by the President. 94. Where the President deems it necessary to convene the People’s Special Majlis or where the People’s Majlis resolves to convene the People’s Special Majlis, the President shall direct the People’s Special Majlis to be constituted. The People’s Special Majlis shall convene at a time appointed by the President and upon conclusion of the business of the Agenda the said Majlis shall be dissolved by writing under the hand of the President addressed to the said Majlis. 95. The qualifications for membership of the People’s Special Majlis shall be the same qualifications required for membership of the People’s Majlis under this Constitution. 96. Every member of the People’s Special Majlis shall assume membership of the said Majlis upon taking, before the President, the oath set out in paragraph (g) of the Schedule to this Constitution. 97. (1) A President and a Vice-President of the People’s Special Majlis shall be elected from among its members at the first sitting of the said Majlis. Where the office of President or that of Vice-President of the said Majlis becomes vacant prior to the dissolution of the People’s Special Majlis, a new member shall be elected to fill such vacancy. (2) The Speaker of the People’s Majlis shall preside over the first sitting of the People’s Special Majlis until a President of the People’s Special Majlis is elected pursuant to clause (1) of this Article. Upon election of the President of the People’s Special Majlis, the Speaker of the People’s Majlis shall cease to preside over the sitting. 98. The President and the Vice-President of the People’s Special Majlis shall assume office upon taking, before the President, the oath set out in paragraph (h) of the Schedule to this Constitution. 99. The President of the People’s Special Majlis shall administer all affairs of the Majlis, convene sittings of the Majlis for discharging the duties assigned to the Majlis, and preside over such sittings and submit to the President all matters passed by the Majlis within seven days of their passage. 100. The Vice-President of the People’s Special Majlis shall assist the President of the People’s Special Majlis in the discharge of functions conferred upon him. In the event of any vacancy of the office of the President of the People’s Special Majlis or where the President of the People’s Special Majlis is unable to perform the functions of his office, the Vice-President shall temporarily discharge the functions of the President. 101. 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. 102. (1) Any matter referred to in Article 101 of this Constitution passed by the People’s Special Majlis shall be presented to the President within seven days from the date of its passing and the President shall, within ninety days of receipt of the same, assent to such Bill or return such Bill within the said period to the People’s Special Majlis for reconsideration of the Bill or for consideration of any amendment to such Bill recommended by the President. (2) Any Bill returned to the People’s Special Majlis for reconsideration in accordance with clause (1) of this Article shall be assented to by the President if such Bill after reconsideration is passed by a two-thirds majority of the People’s Special Majlis. In the event such Bill is not passed by a two-thirds majority of the People’s Special Majlis such Bill shall become void. (3) Where the President within a period of ninety days does not assent to or return for reconsideration a Bill passed by the People’s Special Majlis and presented to him for assent, such Bill shall be deemed to have received assent of the President. (4) A Bill passed by the People’s Special Majlis shall become law and enter into force upon being assented to by the President and when such law is published in the Government Gazette. 103. The validity of a decision of the People’s Special Majlis, on any matter taken in accordance with the provisions of this Constitution, shall not be questioned by any court or tribunal or any other such authority. 104. No member of the People’s Special Majlis shall be held liable in respect of any thought expressed or anything said without contradicting the basic tenets of Islam or any vote given by him in a duly constituted sitting of the People’s Special Majlis or any committee thereof. 105. (1) A seat in the People’s Special Majlis shall become vacant prior to the dissolution of the Majlis upon the death of a member or where a member of the said Majlis by writing under his hand addressed to the President of the said Majlis resigns or where a person who is a member of the People’s Special Majlis, by reason of being a member of the Cabinet of Ministers or the People’s Majlis as the case may be, has ceased to be a member of the Cabinet or the People’s Majlis or where a member becomes disqualified for membership of the People’s Special Majlis. (2) A member of the People’s Special Majlis shall be deemed disqualified for membership of the Majlis if the High Court so decides upon application by the State. (3) Where a member appointed by the President is removed from the People’s Special Majlis by the President, the seat of such member shall be vacated. (4) In the event of a vacation of a seat in the People’s Special Majlis, where the seat vacated is a seat of a member appointed by the President, a new member shall be appointed to fill such vacancy, and where the seat vacated is a seat of a member elected to the People’s Special Majlis, a new member shall be elected to fill such vacancy. However, such vacancy shall be filled if, in the opinion of the President of the People’s Special Majlis, the Majlis will remain without dissolution for a period sufficient for members who are so elected or appointed to attend the sittings of the Majlis. Constitution Article 91 (immediately preceding Chapter 6 above) states: A Secretary-General of the People’s Majlis shall be appointed and a secretariat thereof shall be established by the President. The Secretary-General of the People’s Majlis shall, as may be directed by the Speaker of the People’s Majlis, organise all the sittings and all the documentation of the Majlis. Where the People’s Special Majlis is convened, all such matters of the said Majlis shall also be undertaken by the said Secretary-General. top

Maldives Culture related articles Rapturous fantasy fails to impress Setting the record straight - more Gayoom means no reform Maldives NSS - from militia to torturers Democratic reform: un-Islamic and a grand conspiracy by Christian missionaries, not by Maldivians - President Gayyoom The sadistic intimacy of Isthafa Ibrahim Manik and Maumoon Gayyoom Party system protection needed to make meaningful changes to the Maldives constitution Mohamed Nasheed 4 June 2004 Special Majlis procedures Maldives Constitution Chapter 6 (Articles 92-105, with 91 included)

Maldives Culture is an independent internet magazine of Maldive cultural issues.
Editors and translators: Michael O'Shea and Fareesha Abdulla, Australia
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