Tuesday, March 11, 2008

Civil Service Exclusions Brought Forward

The president of the Maldives has moved to immediately exclude institutions such as the Maldives Police Service and Customs Service, as well as cabinet ministers and their deputies, atoll and island chiefs, from the ambit of the civil service shortly to become independent.

The government had already moved to propose parliamentary amendments to exclude the groups from the Civil Service Act due to come into force on May 1.

But the new decision excludes the institutions and government posts from the civil service category – due to become independent from government under the new Civil Service Commission within two months – with immediate effect, following an announcement made this Thursday.

The exclusions will remain in power until the People’s Majlis (parliament) decides on the amendments or until May 1, when the Civil Service Act becomes law.

The groups concerned are included as civil servants under the act, which was endorsed by parliament in May 2007 and ratified by the president. As part of the separation of powers promised under the government’s reform agenda, the act removes control of the civil service from the president.

Speaking to Minivan News, Legal Reform Commissioner Mohamed Anil said the reasons for excluding these institutions and public servants was because “civil service is a part of public service,” but “not all public servants are civil servants.”

The exclusions will “ensure smoother transition” and “fewer pieces of legislation needing to be made,” he adds. “Legislative bodies and commissions such as the Human Rights Commission will then have their own laws to cover staff.”

However parliamentarian Ibrahim Ismail, who chairs the constitutional drafting committee, says the president’s changes to the act “undermin[e] the spirit of reform.”

Mariya Ahmed Didi, MP for the largest opposition Maldivian Democratic Party (MDP) said that it “goes against the principles of parliament” when the government proposes amendments to a “ratified Act” before it even comes into force.

The President transferred some powers of the Public Service Division of the President’s Office to the Civil Service Commission (CSC) by presidential decree in early February, effective from March 2.

The powers transferred from the Public Service Division to the CSC will be “the appointment, dismissal and transfer of officials of the State” and “the allocation of salary and other remuneration to Government employees.”

In addition to removing some institutions and government posts from the civil service, the government has proposed to delay mandatory retirement of 65-year-olds for a further two years.

The first parliamentary hearing of the government’s bill to amend the Civil Service Act took place at the People’s Majlis on March 10 and its second hearing is scheduled for March 17.

The government’s Roadmap for the Political Reform Agenda had pledged to create the CSC by the end of July 2007, but the process was delayed when members of the Majlis (parliament) repeatedly voted to reject the president’s nominees.

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