The Foreign Ministry has issued a statement calling the press statement issued by the European Commission (EC) Delegation Office in Colombo regarding alleged "delays" with the ratification of the Maldives' new Constitution ‘ill-informed’.
The statement said that the Government was disappointed that the EC Delegation in Colombo had decided to make “an ill-informed and ill-judged public intervention at such a crucial and sensitive juncture in the Reform Agenda.”
“The Government fully understands the urgent need to ratify the new Constitution in order to pave the way for the country's first multiparty presidential elections later this year,” the statement said. “Under the current Constitution, the President has 90 days to ratify a new text. Notwithstanding, H.E. President Maumoon Abdul Gayoom has consistently made clear that, due to the urgency of the longer-than-expected drafting and adoption process, he will move to ratify much faster than allowed-for under the existing Constitution.”
The statement continued, saying that the President had made it clear that the urgency must be balanced against the need for legal exactitude and the protection of the public interest.
“The new Constitution introduces massive changes to the governance and legal infrastructure of the Maldives, and many of the laws and regulations created under the old Constitution will become obsolete upon ratification,” the statement said. “It is imperative that this does not lead to a legal or institutional vacuum which could seriously compromise the proper functioning of the State. The decision to ratify must therefore be based on careful analysis and legal certainty. This explanation lies behind the President's assertion that ratification is not a procession but a major national responsibility.”
The Ministry’s statement also said that based on an analysis by the Attorney-General and the Cabinet, a small number of vital preliminary steps were identified that must be undertaken before ratification in order to avoid legal and institutional uncertainty.
“These steps include the adoption of the Police Act by the People's Majlis and the adoption of a ‘catch-all regulation’ covering all those laws and provisions ‘orphaned’ by the redundancy of the old Constitution,” the Foreign Ministry’s statement said. “Once these few - yet vital – steps have been taken (the Police Act was already adopted last week, while the "catch-all" regulation has been drafted and is currently being scrutinised by the People's Majlis), the President would be ready to ratify with the minimum of delay.”
The statement also highlighted the work that is being done by the Government to ensure that the forthcoming elections conform to international standards of freeness and fairness.
“The state broadcasters, Television Maldives and Voice of Maldives have, in this regard, come to agreement with all registered political parties on how airtime should be divided for purposes of political campaigning,” the Ministry’s rebuttal continued. “The Ministry of Legal Reform, Information and Arts have been conducting campaigns on voter education, while a number of Non Governmental Organizations have been running their own campaigns on educating the voters on the requisites for free and fair elections.”
The statement ended with the assurance that throughout the conception and implementation of the Reform Agenda, the Maldives Government has made every effort to keep the EU institutions fully abreast of developments, and has also sought, wherever possible, to involve the EU in the process of change.
“The Government therefore regrets the decision of the EC Delegation in Colombo to issue the above-mentioned Press Statement, but reaffirms our commitment to furthering our common relationship premised on open-dialogue, shared understanding, and mutual respect,” the statement said.
The statement said that the Government was disappointed that the EC Delegation in Colombo had decided to make “an ill-informed and ill-judged public intervention at such a crucial and sensitive juncture in the Reform Agenda.”
“The Government fully understands the urgent need to ratify the new Constitution in order to pave the way for the country's first multiparty presidential elections later this year,” the statement said. “Under the current Constitution, the President has 90 days to ratify a new text. Notwithstanding, H.E. President Maumoon Abdul Gayoom has consistently made clear that, due to the urgency of the longer-than-expected drafting and adoption process, he will move to ratify much faster than allowed-for under the existing Constitution.”
The statement continued, saying that the President had made it clear that the urgency must be balanced against the need for legal exactitude and the protection of the public interest.
“The new Constitution introduces massive changes to the governance and legal infrastructure of the Maldives, and many of the laws and regulations created under the old Constitution will become obsolete upon ratification,” the statement said. “It is imperative that this does not lead to a legal or institutional vacuum which could seriously compromise the proper functioning of the State. The decision to ratify must therefore be based on careful analysis and legal certainty. This explanation lies behind the President's assertion that ratification is not a procession but a major national responsibility.”
The Ministry’s statement also said that based on an analysis by the Attorney-General and the Cabinet, a small number of vital preliminary steps were identified that must be undertaken before ratification in order to avoid legal and institutional uncertainty.
“These steps include the adoption of the Police Act by the People's Majlis and the adoption of a ‘catch-all regulation’ covering all those laws and provisions ‘orphaned’ by the redundancy of the old Constitution,” the Foreign Ministry’s statement said. “Once these few - yet vital – steps have been taken (the Police Act was already adopted last week, while the "catch-all" regulation has been drafted and is currently being scrutinised by the People's Majlis), the President would be ready to ratify with the minimum of delay.”
The statement also highlighted the work that is being done by the Government to ensure that the forthcoming elections conform to international standards of freeness and fairness.
“The state broadcasters, Television Maldives and Voice of Maldives have, in this regard, come to agreement with all registered political parties on how airtime should be divided for purposes of political campaigning,” the Ministry’s rebuttal continued. “The Ministry of Legal Reform, Information and Arts have been conducting campaigns on voter education, while a number of Non Governmental Organizations have been running their own campaigns on educating the voters on the requisites for free and fair elections.”
The statement ended with the assurance that throughout the conception and implementation of the Reform Agenda, the Maldives Government has made every effort to keep the EU institutions fully abreast of developments, and has also sought, wherever possible, to involve the EU in the process of change.
“The Government therefore regrets the decision of the EC Delegation in Colombo to issue the above-mentioned Press Statement, but reaffirms our commitment to furthering our common relationship premised on open-dialogue, shared understanding, and mutual respect,” the statement said.
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