Significant constitutional reforms are necessary for the Maldives: Fayyaz

Former MDP Chairperson Fayyaz Ismail has stated that significant constitutional amendments are necessary, noting a recurring pattern where efforts are made to restrict citizens' rights every five years in the Maldives.

Speaking at a meeting with the residents of Maafannu on Sunday night, Fayyaz stated that the "Green Constitution" was established through immense effort to guarantee extensive rights for the citizens. However, he noted that every five years, there are visible attempts to restrict and strip away these rights. He added that based on this experience, he believes significant amendments to the Constitution have now become necessary.

Fayyaz stated that the primary objective of establishing a system with three separate branches of power is to guarantee the rights of citizens and ensure a system of checks and balances. He noted that while it is expected that one branch would advocate for and intervene if another attempts to infringe upon the rights of the people, the entire system becomes blurred once the government secures a supermajority in Parliament. He further asserted that, even within the Parliament, no voice is being raised in defense of the citizens' rights.

However, what we have witnessed instead is a blurring of the lines between the three branches of government. Every time a government secures a supermajority in Parliament, we see the legislature fail to fulfill its fundamental purpose. For instance, despite the significant challenges facing the nation, the increasing hardships of our citizens, and the stagnation of development projects across the islands, I have not heard this current Parliament raise its voice in defense of the people’s rights. The People’s Majlis was envisioned as the primary instrument for protecting public rights through the separation of powers, yet it has failed to meet that expectation. Furthermore, in a system of separated powers, the judiciary is tasked with ensuring justice and upholding constitutional rights. However, judicial independence is being eroded as the courts fall under the undue influence of those who hold a supermajority in Parliament.

Former Chairperson of the MDP, Fayyaz Ismail

Fayyaz stated that the tireless efforts and street protests to establish democracy were driven by the goal of protecting the rights of the people. He emphasized that those who come to power must not be allowed to infringe upon public rights at their whim, and that these rights must be guaranteed.

He emphasized the need to revise the Constitution to detail fundamental rights more comprehensively and eliminate any potential ambiguities. He further noted that strengthening the system of checks and balances between the branches of state is the most effective way to ensure the full protection of these rights. He stated that these reforms can only be achieved by reducing the powers of both the President and the Parliament. As a solution, he proposed a structural change to separate the roles of the Head of State and the Head of Government into two distinct institutions.