GOVERNMENT OF THE MALDIVES: BRANCHES, HISTORY, THE PRESIDENT

GOVERNMENT OF THE MALDIVES

The Maldives is presidential republic governed under the constitution of 2008. Serving as both the head of state and head of government, the president is popularly elected to a five-year term. The unicameral legislature consists of the People's Council, or Majlis; Its 85 legislators are elected to five-year terms from single member constituencies. [Source: The Columbia Encyclopedia, 6th ed., The Columbia University Press]

All the government offices are housed in one building. In August 2007, a referendum was held to decide whether Maldives’ new constitution would provide for a US-style presidential system or a British-Westminster-style parliamentary system of government. The presidential system won with a 62 percent vote. The Majlis (parliament) has considerable powers — including the right to block presidential cabinet appointments. [Source: The Guardian]

The right to vote is universal for those aged 18 or older. Not so long ago the voting afe was 21. Citizenship is by descent only: at least one parent must be a citizen of Maldives Dual citizenship recognized but citizenship by birth is not. Independence: July 26, 1965 (from the UK). [Source: CIA World Factbook, 2020]

Symbols of the Maldives

Flag: red border with a large green rectangle in the center bearing a vertical white crescent moon. The closed side of the crescent is on the hoist side of the flag. Red recalls those who have sacrificed their lives in defense of their country. The green rectangle represents peace and prosperity. The white crescent moon and the color green both are associated with Islam. The flag has been slightly modified but has remained essentially the same for many years, A number of flags used by the national government are based on the national flag. [Source: CIA World Factbook, 2020]

National symbols: 1) national tree: coconut palm; 2) National flower: pink rose; 3) national colors: red, green, white; 4) national fish: yellowfin tuna. The Maldives has long been associated with the "maldive fish" (boiled sun-dried tuna).

National anthem: name: "Gaumee Salaam" (National Salute) with lyrics by Mohamed Jameel Didi and music by Wannakuwattawaduge Don Amaradeva. The lyrics were adopted 1948. The was music adopted 1972. Between 1948 and 1972, the lyrics were sung to the tune of "Auld Lang Syne". South Korea and the Maldives used to use the tune of Auld Lang Syne for their national anthem. The Didi family produced many sultans and members of the elite. Te chorus of anthem goes: Gavmii mi ekuverikan matii tibegen kuriime salaam (In National Unity Do We Salute Our Nation).

Early History of the Maldives Government

The Maldives have been independent most of its history. The exceptions of the brief period between 1556 and 1578 when it was under Portuguese rule and from 1887 to 1965 when it was British protectorate, but even then local sultans ruled and had a great deal of say in local governing. The Maldives became a fully independent state on July 26, 1965. After independence, Ibrahim Nasir (b. 1926) was president from 1968 to 1978. He was succeeded in 1978 by Maumoon Abdul Gayoom (b. 1937), who ruled for 30 years until 2008. He was reelected the president of the Maldives five times, in 1983, 1988, 1993, 1998, and 2003 under a one-candidate referendum. [Source: Governments of the World: A Global Guide to Citizens' Rights and Responsibilities. 2006]

For about 800 years the Maldives were ruled by sultans and sultanas (female sultans). The sultanate became a quasi constitutional monarchy with the promulgation of the 1932 constitution. The Maldives experienced a very short period of republican form of government in 1953 and 1554, but the country returned to being a sultanate after that and remained that way until 1968 when a republican form of government was adopted, The first constitution of the Republic of the Maldives was promulgated on June 4, 1968.

According to “Gale Encyclopedia of World History: Governments”: “Due to its isolation, Maldives has been able to survive as a self-governing, independent country for centuries. The country was a sovereign Islamic sultanate for almost the entire period between 1153 and 1968. Portugal claimed ownership of the islands from 1558 until they were defeated by Sultan Muhammad Thakurufaanu Al-Azam in 1573. The Dutch government, controlling nearby Ceylon, reached an agreement whereby the sultanate paid tribute to the rulers of Ceylon in return for protection. When Great Britain took control of Ceylon in 1815, it also assumed responsibility for Maldives. Colonial Ceylon became independent Sri Lanka in 1948, and Great Britain and Maldives negotiated a new agreement that eliminated tribute payments. [Source: “Gale Encyclopedia of World History: Governments”, Thomson Gale, 2008]

According to the “Worldmark Encyclopedia of National Economies”: The formation of the Maldives as a political entity is generally dated from the period of conversion to Islam in the 1100s. This makes the Maldives one of the oldest surviving small states in the world. Unlike most other countries in the region, the Maldives was not subject to the overt domination of foreign powers. This is most likely due to the problems of navigating the sea around and within the islands as, without a high level of knowledge of the dangers of the reefs and shallow lagoons, ships would often be smashed or grounded. The Portuguese managed to rule the Maldives for a period of 17 years in the mid-1500s. They were soon thwarted in their dominance by a guerrilla war assisted by the Rajah of Cannanore in what is now India. Various sultans then ruled the Maldives unhindered, until Sultan Muhammad Muenuddin entered into an agreement with the British in 1887. The British, whose empire extended throughout South Asia, made the Maldives a British protectorate in return for the payment of tribute.

Later History of the Maldives Government

According to “Gale Encyclopedia of World History: Governments”: “A 1952 referendum abolished the sultanate in favor of a republic, but the royal family, the Didis, continued to dominate the government. Amir Didi, already Sultan Amin Didi’s designated heir, became president on January 1, 1953. Many Maldivians resented Didi’s progressive reforms, such as emancipation of women, and he was removed from office in September 1953. Two of his cousins temporarily served as copresidents. Parliament voted to restore the sultanate in 1954, to be led by Muhammad Fareed Didi and Prime Minister Ibrahim Ali Didi. Maldives became independent in 1965, and a November 11, 1968, referendum replaced the sultanate with a second presidential republic. Ibrahim Nasir (1926–), a member of the royal family who had been prime minister since 1965, became president, a post he occupied until 1978. [Source: “Gale Encyclopedia of World History: Governments”, Thomson Gale, 2008]

According to the “Worldmark Encyclopedia of National Economies”:After a gradual rise in its level of sovereignty, the Maldives became fully independent of Britain on 26 July 1965. Three years after, a national referendum saw 80 percent of votes cast call for the abolition of the hereditary sultanate in favor of a republic, although the country's status as an Islamic state remained. This included civil law being subject to Sharia (Islamic law) which remained in place by mid-2001. Although the executive position of sultan was abolished, the office of the president wields similarly large powers. (The president is required to be a male Sunni Muslim.) The president is the head of state, the supreme authority defending the national faith of Islam, the chief executive, and commander-in-chief of the military. And not only does he have the power to appoint the prime minister and cabinet of ministers, but he can dismiss them too. Amir Ibrahim Nasir, formerly the prime minister under the sultan, was elected president in 1968. Nasir ruled until the 1978 elections, when he cited poor health and did not stand for office. He instead left for Singapore after the new president, Maumoon Abdul Gayoom, initiated investigations into Nasir's alleged misappropriation of government revenues. [Source: “Worldmark Encyclopedia of National Economies”, The Gale Group Inc., 2002]

The Maldives has been since shortly after it gained independence. Under the 1998 constitution, the president was nominated by a secret ballot by the Citizens’ Majlis (parliament) with the decision being confirmed by popular referendum. The president headed the executive branch and appointed the cabinet, and serves a five-year term. The Majlis had 50 members, 42 directly elected and 8 appointed by the president. Majlis members served five-year terms. There were two elected members from each atoll Until the mid 2000s, the Maldives had no organized political parties. Candidates for elective office had to run as independents on the basis of personal qualifications. Tamil

Maldives Become More Democratic in Government

According to the “Worldmark Encyclopedia of National Economies”: President Gayoom was re-elected in 1998 for a fifth consecutive 5-year term with the support of 90.9 percent of votes cast. In each election, he ran unopposed — presidential candidates are selected by the Citizens' Majlis (parliament) and posed to the people in a simple "for" or "against" referendum. The Majlis itself consists of 48 members, 8 of whom are selected by the president, while voters in the Maldives' 20 administrative atoll districts elect the rest (2 members per district). In November 1988, Tamil mercenaries from Sri Lanka, in collusion with some Maldivian nationals, attempted to overthrow the government. However, President Gayoom appealed to India for military assistance, which swiftly foiled the rebels.

“The Maldives electoral system has received criticism for being limited, unfair, and unrepresentative. For example, Freedom House (the U.S. political liberties and civil rights advocacy group) classified the Maldives in 2000 as "Not Free." Amnesty International (a London-based human rights organization) has reported the detention of a number of politically motivated prisoners. Gayoom himself is often cited as authoritarian. In a country profile on the Maldives, the British Broadcasting Corporation (BBC) suggested that Gayoom "has been accused of heading a small heredity elite which holds decisive power and which uses intimidation to discourage political activity." However, the government addresses these criticisms by maintaining that this limited style of democracy provides a stable and consistent form of rule that also acts to protect the basic tenets of the nation's Muslim faith. Maldives' brand of Islam is among the most emancipated of current Islamic states. This is exemplified by the Maldives' comparatively high rating in the Gender-related Development Index. [Source: “Worldmark Encyclopedia of National Economies”, The Gale Group Inc., 2002]

Protests took place and reforms were made in the mid 2000s. A special Majlis session began meeting in mid-2004 to review constitutional reform issues. Regularly scheduled Majlis elections took place in January 2005. In August 2007, a referendum was held to decide whether Maldives’ new constitution would provide for a US-style presidential system or a British-Westminster-style parliamentary system of government. The presidential system won with a 62 percent vote. A new constitution was promulgated in August 2008. Gayoom was ousted a presidential election held in 2008.

Constitution of the Maldives

The constitution in effect in the Maldives was ratified on August 7, 2008. The were many previous constitutions. Amendments were proposed by Parliament. Passage requires at least three-quarters majority vote by the parliament’s members and the signature of the president. Passage of amendments to constitutional articles on rights and freedoms and the terms of office of Parliament and of the president also requires a majority vote in a referendum, The constitution was amended 2015 [Source: CIA World Factbook, 2020]

The constitution of the Maldives came into force in 1968 after independence was amended in 1970, 1972, and 1975 was repealed and replaced by a new constitution in 1997 that came into effect January 1, 1998. The first constitution of the Maldives was proclaimed in 1932, making the Maldives and constitutional monarchy at that time. [Source: “Worldmark Encyclopedia of Nations”, Thomson Gale, 2007]

The 1968 constitution, provided the basis for a highly centralized, presidential form of government. Its philosophical frame of reference was derived from Islam; thus the distinction between secular and religious authority was often academic. The constitution vested final authority for the propagation of Islam in the president, who in turn was empowered to appoint all judges who interpreted and apply the sharia in the adjudication of civil and criminal cases. In Maldives, therefore, the courts were not independent of the executive branch, but rather were under the minister of justice, who was appointed by the president. [Source: Helen Chapin Metz, Library of Congress, 1994 *]

Constitutional provisions regarding the basic rights of the people were broadly phrased. They refer to freedom of speech and assembly, equality before the law, and the right to own property, but these rights were to be exercised within the framework of the sharia. In 1990 younger members of the recently expanded president's Consultative Council called for the repeal or amendment of Article 38 in the penal code, which allows the jailing or banishment "for any gesture, speech or action that instills malice or disobedience in the minds of Maldivians against lawfully formed government." *

Branches of the Maldives Government

The government of the Maldives operates under the constitution of 2008 as presidential republic with three branches: 1) Executive — president and cabinet and the bureaucracy under them; 2) Legislative — unicameral Majlis (parliament); and 3) Judicial. The president serves as both the head of state and head of government and is popularly elected to a five-year term. The unicameral legislature consists of the People's Council or Majlis; Its 85 legislators are elected to five-year terms from single member constituencies. The judicial branch including the High Court, Civil Court, Criminal Court, Family and Juvenile Court, and 204 general courts. [Source: The Columbia Encyclopedia, 6th ed., The Columbia University Press]

Executive power is held by the president and cabinet, with political power highly centralized in the office of the president, who is both chief of the state and head of the government. The president is now popularly elected. In the past he was approved by the public in a yes-or-no referendum after being elected by the parliament (majlis). The president is aided by the Council of Minister, which comprises the ministers of atolls. Ministers are appointed by the president and do not have to be members of the majlis. The majlis has the power to approve or reject cabinet members. [Source: Governments of the World: A Global Guide to Citizens' Rights and Responsibilities. 2006]

The legislative power lies in the majlis, a unicameral parliament. The majlis consists of 87 members who are elected for five-year terms. The judiciary is divided into courts of general and limited jurisdiction and includes a high court, civil court, criminal court, family and juvenile court, and 204 general courts.

Head of Government — The President — and Executive Branch of the Maldives

The Executive branch is comprised of the president and cabinet and the bureaucracy under them. Executive power is held by the president and cabinet, with political power highly centralized in the office of the president, who is both chief of the state and head of the government. The president is aided by the Council of Minister, which comprises the ministers of atolls. Ministers are appointed by the president and do not have to be members of the majlis. The majlis has the power to approve or reject cabinet members.

The executive branch is divided into the president's office, the attorney general's office, and a dozen and half or ministries and associated entities that implement government programs. The ministries of government, the attorney general's office, and the high court all function under the president's office. The current president is also the governor of the central bank.

The president is both chief of the state and head of the government. Executive and political power is highly centralized in the office of the presidency. The president is now popularly elected. In the past he was approved by the public in a yes-or-no referendum after being elected by the parliament (majlis).

Executive branch: chief of state: President Ibrahim "Ibu" Mohamed Solih (since 17 November 2018); Vice President Faisal Naseem (since 17 November 2018). [Source: CIA World Factbook, 2020]

The president is directly elected by absolute majority popular vote in two rounds if needed for a five-year term and is eligible for two terms.. The last election was held on September 23, 2018. The next is in 2023. Result of the 2018 presidential election:Ibrahim Mohamed Solih (Maldives Democratic Party, MDP) elected president in the first round) 58.3 percent of the vote.Abdulla Yameen Abdul Gayoom (Progressive Party of Maldives, PPM) was second with 41.7 percent

Old Presidential System in the Maldives

Before the new 2008 constitution and presidential election the same year the President of the Maldives was elected in a referendum rather a real election and there was no limit to the number of five year terms he or she could serve. Maumoon Abdul Gayoom (b. 1937), who ruled for 30 years until 2008. He was reelected the president of the Maldives five times, in 1983, 1988, 1993, 1998, and 2003 under a one-candidate referendum. The president has traditionally exercised power through the ministries of law and religion. He was supposed to govern at the will of the legislature but that was often not been the case. He was constitutionally permitted to have as many vice presidents as he wanted.

Before 2008, the president was elected for a renewable five-year term by the Majlis, or legislature. The election had be formalized through confirmation in a popular referendum. The chief executive was assisted by a cabinet, or Council of Ministers, whose members serve at his pleasure. The post of prime minister, which had existed under the sultan and in the early years of the republic, was eliminated in 1975 by President Ibrahim Nasir because of abuses of the office. [Source: Helen Chapin Metz, Library of Congress, 1994 *]

When Gayoom was president, his brothers occupied key advisory roles within the government, including speaker of parliament, minister of trade, and minister of atoll administration. President Gayoom was also minister of defense and national security, minister of finance, and governor of the national monetary authority. There was no prime minister. The president was assisted by an eleven-member cabinet, most of whom were Gayoom relatives. [Source: “Gale Encyclopedia of World History: Governments”, Thomson Gale, 2008]

Cabinet of the Maldives

Cabinet Ministers are appointed by the president and approved by Parliament. Cabinet ministers need not be members of the Majlis. [Source: CIA World Factbook, 2020]

Principal Government Officials in the late 2000s
President
Minister of Atolls
Minister of Construction & Public Infrastructure
Minister of Defense & National Security
Minister of Economic Development & Trade
Minister of Education
Minister of Environment, Energy, & Water
Minister of Finance & Treasury
Minister of Fisheries & Agriculture
Minister of Foreign Affairs
Minister of Gender and Family
Minister of Health
Minister of Higher Education, Employment, & Social Security
[Source: “Countries of the World and Their Leaders” Yearbook 2009, Gale]

Minister of Home Affairs
Minister of Housing & Urban Development
Minister of Information & Arts
Minister of Justice
Minister of Planning & National Development
Minister of Presidential Affairs
Minister of the President's Office
Minister of Tourism & Civil Aviation
Minister of Transportation & Communication
Minister of Youth & Sports
Minister of State for Foreign Affairs
Attorney General
Governor, Maldives Monetary Authority (Central Bank)

Underwater Cabinet Meeting in the Maldives

In 2009, President Mohamed Nasheed and his cabinet met underwater. The BBC reported: The government of the Maldives has held a cabinet meeting underwater to highlight the threat of global warming to the low-lying Indian Ocean nation. President Mohamed Nasheed and his cabinet signed a document calling for global cuts in carbon emissions. [Source: BBC, October 17, 2009]

Ministers spent half an hour on the sea bed, communicating with white boards and hand signals. The president said the UN climate change conference in Copenhagen in December 2009 cannot be allowed to fail. At a later press conference while still in the water, President Nasheed was asked what would happen if the summit fails. "We are going to die," he replied. “ If the Maldives cannot be saved today we do not feel that there is much of a chance for the rest of the world . We're now actually trying to send our message, let the world know what is happening, and what will happen to the Maldives if climate change is not checked."

“Three of the 14 cabinet ministers missed the underwater meeting, about 20 minutes by boat from the capital, Male, because two were not given medical permission and another was abroad, officials said. President Nasheed and other cabinet members taking part had been practising their slow breathing to get into the right mental frame for the meeting, a government source said. The cabinet were joined by instructors and military escorts. About 5 meters underwater, in a blue-green lagoon on a small island used for military training, they were observed by a clutch of snorkelling journalists. Each minister was accompanied by a diving instructor and a military minder. While underwater, they signed a document ahead of the UN Climate Change Conference in Copenhagen in December, calling on all nations to cut their carbon emissions.

Legislature of the Maldives

Legislative branch of the Maldives government: unicameral Parliament or People's Majlis (87 seats — includes two seats added by the Elections Commission in late 2018. Members are directly elected in single-seat constituencies by simple majority vote to serve five-year terms. The Majlis drafts legislation that becomes law after ratification by the president. The parliament has considerable powers including the right to block presidential cabinet appointments

Parliamentary elections: last held on April 6, 2019. The next will be held in 2023. The 2019 election results: A) percent of vote — Maldives Democratic Party (MDP) 44.7 percent; Jumhooree Party (JP): 10.8 percent; Progressive Party of Maldives (PPM): 8.7 percent; People's National Congress (PNC): 6.4 percent; Maldives Development Alliance (MDA): 2.8 percent; other: 5.6 percent; independent: 21 percent; B) Seats by party — MDP: 65; JP: 5; PPM: 5; PNC: 3; MDA: 2; independent: 7; C) composition — men: 83 seats; women 4 seats; percent of women 4.6 percent [Source: CIA World Factbook, 2020]

Before the mid 2000s, the Citizen' Majlis (parliament) had 48 or 50 members elected to five year terms, with two elected from each atoll and Malé and eight are nominated by the president. For the most part members were elected. Elections to the Majlis, held individually and not necessarily in conjunction with its sessions, were held in December 1994, December 1999, and January 2005. The first parliamentary elections for directly elected in single-seat constituencies by simple majority vote were held in March 2009 to choose a new 74-member Majlis..

The Majlis only began to have a modern legislative role in the 1980s and 90s. It is still limited. The authority of the president has traditionally not been challenged by the Majlis. The representatives have typically had other state responsibilities in local governments or as heads of state-owned firms. The speaker of the Majlis was not a member of the Majlis but was appointed by the president. Even though all the members had the right to attend sessions and speak at the Majlis, only elected members could vote. [Source: “Gale Encyclopedia of World History: Governments”, Thomson Gale, 2008;“Countries and Their Cultures”, The Gale Group Inc., 2001]

Judicial Branch of the Maldives Government

Judicial branch: highest courts: Supreme Court (consists of the chief justice and four to six justices. There were three justices as of late 2019). Subordinate courts are the Criminal, Civil, Family, Juvenile, and Drug Courts; Magistrate Courts (on each of the inhabited islands). [Source: CIA World Factbook, 2020 =]

Supreme Court judges are appointed by the president in consultation with the Judicial Service Commission — a 10-member body of selected high government officials and the public — and upon confirmation by voting members of the People's Majlis (the Maldives parliament). Judges serve until mandatory retirement at age 70. =

The president appoints all judges to the courts. He can (or could in the past but can’t anymore) fire judges or overturn High Court decisions at will and has (or had) the final word in all legal cases. A 1995 presidential decree gave power to a five-member advisory council appointed by the president to review the high court's decisions. The president also has (or had) authority to affirm judgments of the high court, to order a second hearing, or to overturn the court's decision. The president may grant pardons and amnesties. [Source: “Worldmark Encyclopedia of Nations”, Thomson Gale, 2007]

The secular side of the Maldivian legal system is administered by secular officials, a chief justice, and lesser judges on each of the 19 atolls, who are appointed by the president and function under the Ministry of Justice. There is also an attorney general. Each inhabited island within an atoll has a chief who is responsible for law and order. Every atoll chief, appointed by the president, functions as a district officer in the British South Asian tradition. [Source: “Countries of the World and Their Leaders” Yearbook 2009, Gale]

Local Government in the Maldives

Administrative divisions: 21 administrative atolls (atholhuthah, singular — atholhu); Addu (Addu City), Ariatholhu Dhekunuburi (South Ari Atoll), Ariatholhu Uthuruburi (North Ari Atoll), Faadhippolhu, Felidhuatholhu (Felidhu Atoll), Fuvammulah, Hahdhunmathi, Huvadhuatholhu Dhekunuburi (South Huvadhu Atoll), Huvadhuatholhu Uthuruburi (North Huvadhu Atoll), Kolhumadulu, Maale (Male), Maaleatholhu (Male Atoll), Maalhosmadulu Dhekunuburi (South Maalhosmadulu), Maalhosmadulu Uthuruburi (North Maalhosmadulu), Miladhunmadulu Dhekunuburi (South Miladhunmadulu), Miladhunmadulu Uthuruburi (North Miladhunmadulu), Mulakatholhu (Mulaku Atoll), Nilandheatholhu Dhekunuburi (South Nilandhe Atoll), Nilandheatholhu Uthuruburi (North Nilandhe Atoll), Thiladhunmathee Dhekunuburi (South Thiladhunmathi), Thiladhunmathee Uthuruburi (North Thiladhunmathi). [Source: CIA World Factbook, 2020]

The political subdivisions used to be 19 atolls and capital city. At that time the islands, which are clustered into 24 natural atolls, were grouped for administrative purposes into 19 atolls, each headed by a government-appointed verin or chief, the equivalent of a district officer who serves as the administrative head of the island. On each inhabited island a khatib, or headman, also appointed by the government, supervises and carries out the orders of the government under the supervision of the atoll chief. Malé and Hulhulé (the island of the international airport) are geographically in Kaafu Atoll, but are treated as a separate administrative entity. [Source: “Junior Worldmark Encyclopedia of the Nations”, Thomson Gale, 2007]

Local governance is complicated by the diffuse geography of Maldives. The atoll offices and the island offices come under the Ministry of Atoll Administration, which is responsible to the president. The appointed atoll and island chiefs are supposed to be versed in Islamic law. Male is the only city. The islands that are inhabited are mostly the largest ones and the ones with the best fishing. Individual islands serve as social and administrative units. Everyone is officially registered on their home island. They can not change residence to a new island until they have lived there for 12 years. Islanders are often partial to their home island: insisting it has the best land, best fishing and best people.

Image Sources: Wikimedia Commons

Text Sources: New York Times, Washington Post, Los Angeles Times, Lonely Planet Guides, Library of Congress, Republic of Maldives Department of Information, the government site (maldivesinfo.gov.mv), Ministry of Tourism Maldives (tourism.gov.mv), Maldives Marketing and Public Relations Corporation (MMPRC, visitmaldives.com), The Guardian, National Geographic, Smithsonian magazine, The New Yorker, Time, Reuters, Associated Press, AFP, Wikipedia and various books, websites and other publications.

Last updated February 2022