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| Former President of National Integrity Commission (NIC), Mr. Yoosuf Maaniu Photo by: Maldives Independent Website |
The
Parliament’s draft of the new Police Service Bill grants substantive authority
to its Standing Committee on National Security Services or 241 Committee. However,
it must also be taken to account that the more authority politicians have over
an independent institution the most likely that institution loses its
independence.
The Majlis in
the Presidential system has institutions watching over government or executive
institutions. In fact, the constitution gives the President the executive power
over all institutions which execute services directly to the public. As per the
bill, the purpose of provisions granting increased powers to the 241 committee
is to ensure that the committee can exercise its vested oversight authority
over Maldives Police Service as stipulated in the Maldives constitution. When a
committee of the Majlis acquires that power, they can influence the outcome of operations
by Maldives Police Service by slowing down investigations. This will result in muddling
up the already politicized institution by having the legislative powers of the
nation having a direct say before or during investigation. Finally, rendering
the President or the executive powers useless.
Article 14 of
the bill sets out the scope and powers of the 241 Committee. Further, as per
Article 73(c), decisions approved by the Committee are legally binding and
mandatory for involved parties to comply with.
This contradicts the very foundations of the already existing bill of
Maldives Police Service. It’s even against the principals of what a Parliament
in a Presidential system should do. Surely it will undermine the independence of
the institution.
According to
the new bill, the Home Minister will not have the authority to give orders to
individual police officers though the current Police Act grants the authority
to the Home Minister as the Chief of Police. The bill states that the 241
Committee shall have the authority to instruct the Minister of Home Affairs and
the Commissioner of Police on changes to be brought to procedures pertaining to
individuals held under police custody, as well as privileges afforded to police
personnel. The Home Minister not having the authority to give orders to
individuals officers is understandable. This would help maintain the hierarchy
and the code of conduct of the Maldives Police Service while reducing political
influence. However, having the Majlis 241 committee dictate the policies and procedures
of MPS violates the constitutional powers of the President and the Presidential
system while turning it into a parliamentary system with powers superseding the
executive. It’s a silent coup of the Presidential system without a public
referendum.
The bill
renders National Integrity Commission useless by stating that the 241 Committee
shall have the authority to review complaints regarding the police force and to
instruct the Home Minister and Police Commissioner on changes to be brought to
police procedures if the committee finds fit. This allows the Parliament
committee to do the work of National Integrity Commission. In the broader image
the Police Service bill allows the entire takeover of the Ministry of Home Affairs
and Maldives Police service by a committee of the Majlis. It’s not only absurd
but dangerous while putting fuel to fire by breaking an already brittle public
trust of the MPS by having people not elected by the people to run the
executive but to make legislations trying to undermine the Presidential system.
Disclaimer: Above is an exclusive opinion written to Adamington Online by Mr. Yoosuf Maaniu who was the Former President of the National Integrity Commission (NIC), an independent institution which was the watchdog of all law enforcement agencies of the Maldives. He holds a Master of Business Administration from University of Ballarat, Australia & a Degree in Marketing from University of Northumbria at Newcastle, UK. He served as the President of Customs Integrity Commission (CIC) since 30th December 2013 and was the Former Director General – Corporate Department of the Auditor General’s Office (AGO) since July 2011. He was also in charge of Sifainge Co-operative (SIFCO) as it’s CEO, a corporation under Maldives National Defence Force (MNDF). After serving the public sector for around 18 years with a wide range of portfolios at various leadership capacities, he is currently working to establish a political party in the name of National Democratic Alliance (NDA). Views expressed by writers in this section are their own and do not reflect Adamington Online’s point-of-view.
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