Members of the People’s Majlis on Tuesday expressed that even though Majlis approval may be desirable when appointing Defense Chief, the most senior position of the Maldives National Defense Force, seeking Majlis approval for his dismissal may be unwise. Members expressed this while deliberating on the amendment bill on Maldives Defense Force Act proposed by MP for Kulhudhuhfushi region Mohamed Nasheed.
During debate stage of the second reading of the amendment bill held yesterday, most members argued that in other countries despite parliamentary endorsement is required for the appointment of the Defense Chief, parliament consent is not sought when for his dismissal. They argued that if the Majlis makes such an endorsement it may cause difficulties for the government and may lead to conflicts between the government and the Majlis.
MP for Ha Dhihdhoo region Ahmed Sameer said in countries following presidential system of government, a parliament approval is only sought when appointing Defense Chief. He said no Majlis or parliamentary approval is sought for dismissal and further other senior ranks below the Defense Chief does not require any approval from the parliament either when being appointed or dismissed.
MP Sameer said he had no objection to seeking parliamentary approval for appointing Chief of Defense Force as stipulated under Article 11 (d) of the Defense Force Act. Article 11 (d) stipulates that Defense Chief should be appointed from among the general officers of Defense Force and consideration should be given to his seniority, capacity and capability to discharge the responsibilities of the Defense Chief. MP Sameer expressed any legislation which mandates obtaining parliamentary approval for dismissal of the Defense Chief may conflict with command of chain being practiced among the military.
MP for Ha Ihavandhoo region Ahmed Abdulla expressed that even though Article 239 of the constitution stipulates that legislation be formed to establish procedural rules that may be followed by the security services, such legislations will not include appointing and dismissing Defense Force officers. He also said that Article 241 of the constitution which stipulates that Defense Chief be appointed by Security Services Committee of the Majlis was in conflict with the Defense Force Act which says Defense Chief will be appointed by the Commander in Chief of the Defense Force.
“I do not believe that the parliament is responsible for the administration of the government, what we must take in to consideration is that state this country would be in, if Commander in Chief of the Defense Force does not have the authority to dismiss his subordinates when circumstances which calls for such action, in urgent situations, it may not be the best option to wait until parliament deliberates and reach a decision” MP Ahmed Abdulla said.
MP for Ha Kelaa region Abdulla Mausoom , who is the secretary general of the main opposition Dhivehi Rahyithunge Party (DRP), said that Chief of the Defense Force should a person who has the support of the people and it is important to ascertain that by seeking parliament endorsement. He also said such a person must have the assurance he will not be dismissed suddenly without his knowledge. However, he also said appointment and dismissal of Chief and Vice Chief of Defense Force, instead of being brought to the Majlis floor should a case for the Security Services Committee of the Majlis.
MP for Gdh Faresmaathoda Ibrahim Mothalib said that issue was that some people were losing their jobs due to change in the government and that the fact remain that new government was possible due to sincerity of the Defense Force.
MP for Galholhu South region Ahmed Mahloof said that he was in support of the amendment bill proposed by MP Nasheed. He said Defense Force personnel are hardworking people with a huge responsibility and as such their jobs must be guaranteed and the government must not be allowed to dismiss them at its fancy. He further condemned that government’s recent dismissal of senior officers of Defense Force.
MP for Seenu Feydhoo region Ahlan Fahmy expressed support for the bill. He said under the checks and balances introduced under the ongoing reform process such positions must be appointed and dismissed with the support and consent of the Majlis. He also said the intent of the bill was not to reduce the powers of the president.
Some 51 members in total have deliberated on the amendment bill on Defense Force Act proposed by MP Nasheed by the close of yesterday’s sitting. More were still waiting to speak on the bill when the sitting was adjourned.
Prior to closing yesterday’s sitting Speaker of the People’s Majlis Abdulla Shahid revealed that government has submitted 5 bills to the Majlis including an Export and Import bill which would be tabled at the next sitting.
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