Update on the Current Situation in the Maldives (20/02/2018): President’s Proposed Amendment to State of Emergency Decree Amended and Approved by Majlis

The President’s proposed amendment to the Decree (No. 2018/3) declaring the State of Emergency was approved by the People’s Majlis today.

The National Security Committee of the Majlis had recommended yesterday that Majlis endorse the amendments proposed by the President while proposing additional amendments.

Majlis approved the amendments in three motions. The motions voted on were as follows:

1. To remove all restrictions placed by the State of Emergency Decree on;

  • Article 100 – Removal of President or Vice President
  • Article 101 – Vote of no confidence in a member of the Cabinet
  • Article 113 – Jurisdiction of the Supreme Court
  • Article 228 – Removal from Office of the Prosecutor General

2. To extend the State of Emergency by an additional 30 days in so far as it shall only apply to those alleged to have carried out illegal activities – it shall not apply to otherwise law abiding residents of, or visitors to, the Maldives.

3. To seek Legal Clarification from the Supreme Court, pursuant to Article 95 of the Constitution, on the applicability of Section 38 of Parliamentary Rules of Procedure.

Section 38 of Parliamentary Rules of Procedure, pursuant to Article 87(b) of the Constitution, relates to voting by members of the Majlis in matters requiring compliance by citizens.

President Abdulla Yameen Abdul Gayoom, on 5 February 2018, declared a State of Emergency by Presidential Decree No. 2018/3, under Article 253 of the Constitution of the Republic of Maldives.

As per the Presidential Decree, the State of Emergency was enforced in order to protect the peace and wellbeing of all citizens, and the country, and to facilitate investigations following the events that unfolded in relation to the Supreme Court Order No. SC-SJ/01/2018, issued on 1 February 2018, which resulted in the disruption of the functions of the executive power and the State institutions vested with specific mandates under the Constitution, the infringement of national security and public interest, and if implemented, would potentially lead to an undermining of the supremacy of the Constitution of the Republic of Maldives.

Despite the declaration of the state of emergency, there will be no enforcement of a curfew; and general movements, services and businesses will not be affected.

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