New referendum law sets stage for electoral reforms as opposition warns of term extension

The president ratified the bill on holding public referendums last Tuesday, a day after the ruling party's supermajority in parliament approved the legislation in a 64-12 vote during a recess sitting. 

The opposition Maldivian Democratic Party's dozen lawmakers voted No. The law is part of a plot to "narrow the people's power after bringing the whole system of seeking public opinion under the government's control," the MDP contended.

"The purpose of this is to do what the government wants saying that it's on behalf of the people. We note that extending the presidential term for some additional years is what's hidden behind this."

The warning came after MP Ibrahim Mohamed 'Janab' from the ruling People's National Congress – President Muizzu's brother-in-law – floated an extension of the five-year term. Appearing on the pro-government Mendhuru TV, Janab backed the change "for the greater good, for the collective benefit." 

A clip of the interview from September 13 went viral over the past week and sparked an uproar. Janab's remarks came after resort magnate 'Champa' Mohamed Moosa (Uchchu) suggested on a podcast appearance in early August that solving the perennial dollar shortage would require extending the term from five to 10 years.

Government supporters on social media have since called for an extension of the term to seven years. 

With 75 seats in the 93-member legislature, the ruling People's National Congress has the three-quarters majority needed to amend the constitution. However, any changes to provisions guaranteeing fundamental rights or specifying the terms of office and the conduct of the presidential election could only be ratified “after a public referendum decides so by a majority of the votes cast.”

Both the president and parliament have the constitutional authority to call public referendums on issues of public or national importance. 

During the final debate on the bill, MDP MP Meekail Naseem characterised the bill as “a tool that President Muizzu will use to steal the 2028 election.” 

He objected to a 21-day campaign period and "vague" provisions about an information paper to be prepared with props and cons ahead of polls. As details about the paper was left to be determined in a regulation to be formulated by the Elections Commission, Meekail argued that political influence could be exerted over the electoral body to unfairly "sell" one side of the argument.

"This bill paves the way to hold rigged elections," he warned. 

MDP MP Mauroof Zakir alleged a plot to prolong the presidential term. “We won’t allow a kingdom to be established in this country," he declared.

However, Majority Leader Ibrahim Falah flatly denied the MDP's allegations. 

"This government won't prolong the presidential term. We won't prolong it. The president's doesn't support it in the least," Falah assured, accusing the opposition party of misleading the public.  

Contrary to the MDP's claims, the government plans to seek public approval for shortening the terms of both the president and parliament, the PNC parliamentary group leader said. He pointed to electoral reforms proposed by President Muizzu to hold the presidential and parliamentary elections on the same day.

President Muizzu has also proposed the introduction of ranked choice or preferential voting and reverting Inauguration Day to November 11. He told ruling party lawmakers in April that he intends to call a public referendum this year.

If the public endorses concurrent elections, Falah noted that the change would shorten the president's term by a week. The five-year term of the 20th would be reduced by a full six months, he added.

"We will sacrifice the salary for six months. This isn't something the MDP would dare to do," he said.

Holding the polls on the same day would save MVR 70 million (US$ 4.5 million), Falah estimated. "So it will be clear to the public today that the MDP doesn't support a cost-cutting policy in the least," he said.

A law detailing the conduct of public referendums is long overdue and should have been passed after the constitution was adopted in August 2008, Falah said. He dismissed the MDP's criticism about the misuse of the Elections Commission's powers to create rules and procedures to unduly influence the outcome. "This bill only has ways to seek the public's opinion and consultation as much as possible," he said.

In addition to nationwide polls, the bill allows public referendums to be held in specific regions or atolls. Following ratification last week, President Muizzu announced plans to hold a public referendum in Addu City to decide whether each island would elect its own council. The existing city council currently administers all the islands in the southernmost atoll. The October referendum would also decide whether to add the suffix Addu to the name of each island.

Speaking to the Maldives Independent, Meekail explained his opposition to concurrent presidential and parliamentary elections. 

"Even now we are saying even six months is also not sufficient because it falls during that honeymoon period for every government and like a packaged deal [the ruling party] gets the majority," he said. "So it would be good if the parliamentary election is held like a mid-term election at least a few years after the president is elected. Now this is going to be worse because every one will vote on one ballot and its very likely that the same party will win even more so than it is now."

Meekail – the sole opposition lawmaker on the independent institutions committee that reviewed the bill – questioned the speed of the legislative process for the referendums bill. 

According to Meekail, the PNC-majority committee took up the referendum bill after he criticised the fast-tracking of the media regulation bill despite the former having been submitted first. Following his criticism about the order of the committee's work, the Attorney General's office "very hastily" sent comments and the bill was quickly finalised, Meekail said.

"They should do more comprehensive work with something as significant as this," he said. "Because we're talking about referendums. Adequate time was not taken to review the comments."

Comments from the local chapter of Transparency International, which conducts the most extensive assessment and observation of elections in the country, were sent a week before the committee concluded its review, Meekail noted.

"Referendums must be inclusive, transparent, and accessible to all. This includes allowing citizens sufficient time to be informed about the nature and implications of the referendum so that their decisions are well informed and objective," Azza Mohamed, governance manager for Transparency Maldives, told the Maldives Independent.

"It is important to ensure that awareness materials are widely accessible, including for persons with disabilities, to guarantee that no one is excluded from participating in important decisions. As one of the most direct expressions of the will of the citizens, a referendum must be protected from provisions that risk undermining its fairness or inclusivity."