26 June 2008, Male’
The Maldives new constitution was adopted by the Special Majlis this morning.
At today’s sitting, over 70% of those present voted in favour of the new constitution indicating broad cross-party support. Following adoption by the Special Majlis, the new constitution is expected to be submitted for ratification by the President. President Gayoom has, on a number of occasions, noted his commitment towards speedy ratification and execution of all interim measures in time for the upcoming presidential elections.
Welcoming the adoption of the new constitution, Foreign Minister Abdulla Shahid said that “the new constitution is the central column of the Reform Agenda initiated by President Gayoom. I am pleased that the Special Majlis has adopted it. I believe that the new constitution is a modern and forward-looking document and that its adoption heralds a new era for the Maldives. I commend the Speaker of the Special Majlis for the way in which he has taken this work ahead towards successful completion. Today, we have taken an important step forward for ensuring the rights and freedoms of all Maldivians. With the new constitution, the Government can accelerate the work it has initiated on democratization and reform. ”.
Commenting further, the Minister noted that “ we have a challenging period ahead in ensuring the passage of the required legislation. I am convinced that with perseverance and patience we can ensure a smooth transition. It is the obligation of all, to ensure that the social and economic development of the country, and the peace and stability prevailing within it are not jeopardized during this period.”
The new constitution has a strong focus on the protection and promotion of human rights. It guarantees the very fundamental rights and freedoms enshrined in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Chapter 2 on Fundamental Rights and Freedoms includes articles enshrining, inter alia, freedom from discrimination, the right to equality before the law, the right to life, the right to work, the right to education, the right to participate in cultural life, freedom from illegal detention and arrest, and the right to fair and transparent trial.
The new constitution clearly stipulates the separation of powers among the legislature, executive and the judiciary. It also, outlines the setting up of a number of independent institutions to deepen democracy in the Maldives. These include the appointment of a Chief Justice, the establishment of a Supreme Court and an independent Elections Commission. The Human Rights Commission and the Civil Service Commission are already in place and functioning. The new constitution also charts out the transitional arrangements and timelines for the upcoming presidential, parliamentary and local council elections.