No guarantee of free and fair elections if the government wins the referendum: Ali Hussain

Legal expert Ali Hussain has stated that the vote to consolidate two elections is merely the beginning, warning that if the government succeeds, there is no guarantee that future elections will remain free and transparent.

Speaking at a press conference titled "No to Referendum" on Sunday, Ali Hussain stated that the proposed referendum to amend the Constitution of the Maldives is an attempt to destabilize the entire state mechanism. He warned that if the government succeeds in this vote, there is no guarantee that free and fair elections can be held in the Maldives in the future.

Ali Hussain stated that whether the President ratifies a specific bill is not a question that should be posed to the public. He noted that this is a discretionary power granted to the President by the Constitution, and only the President can determine how that power is exercised. He further argued that the fundamental question that should be asked of the people is whether they support shortening the term of the People's Majlis. He contended that the question as currently framed falls outside the constitutional framework and is fundamentally flawed.

The most fundamental feature of our Constitution is the separation of powers—the independence of the three main branches of the state. Indeed, the public voted for a presidential system specifically to ensure that these three branches remain distinct. However, when the separation of powers is compromised because those elected to the executive and the legislature—the President and the members of Parliament—campaign and come to power hand-in-hand as a single entity, how can we hold the state leadership and the government accountable? If we cannot hold them to account, how can we monitor how the President utilizes the state’s finances and resources? We would be left with no way to oversee them.

Ali Hussain

Furthermore, Ali Hussain highlighted that numerous cases directly impacting the public remain "parked" and unresolved at the Supreme Court. Among these are disputes regarding the disqualification of Members of Parliament. He further characterized the Elections Commission as being under the direct control of the President, asserting that the current environment in the Maldives is not conducive to holding free and fair elections.

If this referendum is successful, future elections will follow the same format as local council or parliamentary elections, where the candidate with the simple majority wins. Consequently, the President would contest with a supermajority in Parliament, wielding absolute control over state resources, finances, assets, and the media. With total command over jobs and development projects, it would reach a point where, if necessary, even the Supreme Court would rule in favor of Dr. Muizzu’s victory.

Ali Hussain

Ali Hussain further stated that there is a significant risk that even the Supreme Court’s rulings will align solely with the government's interests. Expressing his concern, he noted that attempts to undermine the core tenets of the Constitution represent a systemic threat to the nation.