The much-criticised amendments to the Civil Service Act 2007 were on Monday debated in a belligerent session of the People’s Majlis (parliament), with opposition politicians arguing the proposals are a “politically motivated” attempt to retain presidential control over a large and influential section of Maldives’ public servants.
The government proposes groups including the police, elections commission staff, island chiefs and the anti-corruption board should remain under the ambit of the President’s Office pending new legislation to deal with them separately.
But opposition parliamentarians estimate that if the amendments pass a parliamentary vote, President Maumoon Abdul Gayoom could retain direct power over twelve to fifteen thousand of the Maldives’ 40,000 government employees in the run-up to the country’s first multi-party elections.
Exceptions
Information minister Mohamed Nasheed has proposed a series of amendments to the Civil Service Act which would reduce the number of employees falling under the independent Civil Service Commission (CSC) by around a third.
The CSC said it was not consulted about the amendments, and the relevant sectors have already been temporarily excluded following a presidential order earlier this month.
The Act, due to come into full force in May, makes the civil service – proportionally one of the world’s largest – independent under the CSC, which came into being late last year.
A central pledge of the government’s Roadmap to the Reform Agenda, the Act was proposed as a private member’s bill and passed in May 2007.
The bill passed a Majlis vote, after an eighteen-month parliamentary process, at a time when the Maldives found itself under intense international scrutiny after protests and mass jailings following the suspected custodial death of Hussein Solah.
Necessary
Legal reform commissioner Mohamed Anil argues the amendments are necessary because they cover “any institution excluded by another [proposed] law”. Under the constitution in progress, bodies such as the police, army and anti-corruption board must be overseen by independent commissions.
But opposition politicians are sceptical, arguing the backlog of bills awaiting Majlis consideration means the government cannot guarantee any timeframe for the laws creating new commissions, so the CSC should take over in the interim.
“The moment [these amendments are] passed, the control of all these positions reverts back to the president because there is no one else – there are no commissions,” says Ibrahim Ismail MP, of the fledgling Social Liberal Party (SLP). “The government has no intention of implementing any of these.”
Retirement
The proposals also include a two-year delay before compulsory retirement for 65 year olds, to allow retirees to “mentally or physically prepare”, according to head of the ruling Dhivehi Raiyyithunge Party (DRP) parliamentary group Aneesa Ahmed.
Under the proposals, “people who worked for the government for a prolonged period and are honorary members of the government” would also remain under the president’s office.
Both amendments raise the contentious issue of “beached” civil servants, who remain on the government payroll despite no longer attending work.
No reliable figures are available for the number of such civil servants, but the opposition contend the phenomenon occurs frequently, allowing the government to ensure support from respected figures in local communities.
Ahmed Nazim, an MP and member of the People’s Association political group, said that even of the 1,700 due to retire under the Civil Service Act, “the majority are retirees already”.
The CSC had previously announced it would use from May its power to compel civil servants over 65 to retire on a government pension.
Island Chiefs
With the Maldives’ first ever multi-party elections due later this year, the opposition Maldivian Democratic Party (MDP) has argued the President’s power to appoint atoll and island chiefs and their assistants – a total of 473 individuals – is a threat to electoral fairness.
The amendments would see the chiefs continuing to report to the President’s office until local elections, which the DRP propose should take place after presidential and parliamentary polls.
High-ranking civil servants including “staff at the level of ministers”, state ministers, special advisors, and ministers’ assistants, would remain under the President’s office permanently, a situation the CSC has said could cause “difficulties with lines of authority”.
The DRP are confident of passing the amendments, according to Aneesa. But even with their majority, which includes eight presidential appointees, chances of the bill passing are “50/50” according to Ibra, and head of the MDP parliamentary group Hassan Afeef says he believes the bill may yet be blocked.
The government proposes groups including the police, elections commission staff, island chiefs and the anti-corruption board should remain under the ambit of the President’s Office pending new legislation to deal with them separately.
But opposition parliamentarians estimate that if the amendments pass a parliamentary vote, President Maumoon Abdul Gayoom could retain direct power over twelve to fifteen thousand of the Maldives’ 40,000 government employees in the run-up to the country’s first multi-party elections.
Exceptions
Information minister Mohamed Nasheed has proposed a series of amendments to the Civil Service Act which would reduce the number of employees falling under the independent Civil Service Commission (CSC) by around a third.The CSC said it was not consulted about the amendments, and the relevant sectors have already been temporarily excluded following a presidential order earlier this month.
The Act, due to come into full force in May, makes the civil service – proportionally one of the world’s largest – independent under the CSC, which came into being late last year.
A central pledge of the government’s Roadmap to the Reform Agenda, the Act was proposed as a private member’s bill and passed in May 2007.
The bill passed a Majlis vote, after an eighteen-month parliamentary process, at a time when the Maldives found itself under intense international scrutiny after protests and mass jailings following the suspected custodial death of Hussein Solah.
Necessary
Legal reform commissioner Mohamed Anil argues the amendments are necessary because they cover “any institution excluded by another [proposed] law”. Under the constitution in progress, bodies such as the police, army and anti-corruption board must be overseen by independent commissions.
But opposition politicians are sceptical, arguing the backlog of bills awaiting Majlis consideration means the government cannot guarantee any timeframe for the laws creating new commissions, so the CSC should take over in the interim.
“The moment [these amendments are] passed, the control of all these positions reverts back to the president because there is no one else – there are no commissions,” says Ibrahim Ismail MP, of the fledgling Social Liberal Party (SLP). “The government has no intention of implementing any of these.”
Retirement
The proposals also include a two-year delay before compulsory retirement for 65 year olds, to allow retirees to “mentally or physically prepare”, according to head of the ruling Dhivehi Raiyyithunge Party (DRP) parliamentary group Aneesa Ahmed.
Under the proposals, “people who worked for the government for a prolonged period and are honorary members of the government” would also remain under the president’s office.Both amendments raise the contentious issue of “beached” civil servants, who remain on the government payroll despite no longer attending work.
No reliable figures are available for the number of such civil servants, but the opposition contend the phenomenon occurs frequently, allowing the government to ensure support from respected figures in local communities.
Ahmed Nazim, an MP and member of the People’s Association political group, said that even of the 1,700 due to retire under the Civil Service Act, “the majority are retirees already”.
The CSC had previously announced it would use from May its power to compel civil servants over 65 to retire on a government pension.
Island Chiefs
With the Maldives’ first ever multi-party elections due later this year, the opposition Maldivian Democratic Party (MDP) has argued the President’s power to appoint atoll and island chiefs and their assistants – a total of 473 individuals – is a threat to electoral fairness.
The amendments would see the chiefs continuing to report to the President’s office until local elections, which the DRP propose should take place after presidential and parliamentary polls.
High-ranking civil servants including “staff at the level of ministers”, state ministers, special advisors, and ministers’ assistants, would remain under the President’s office permanently, a situation the CSC has said could cause “difficulties with lines of authority”.
The DRP are confident of passing the amendments, according to Aneesa. But even with their majority, which includes eight presidential appointees, chances of the bill passing are “50/50” according to Ibra, and head of the MDP parliamentary group Hassan Afeef says he believes the bill may yet be blocked.
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