Review of the Decentralization Framework in the Maldives

REVIEW OF THE DECENTRALIZATION FRAMEWORK IN THE MALDIVES

Transparency Maldives, a National Chapter of Transparency International, is a non-partisan organisation that promotes collaboration, awareness raising, and other initiatives to improve governance and eliminate corruption from the daily lives of people. Transparency Maldives views corruption as a systemic issue and advocates for institutional changes that will punish and prevent corruption. www.transparency.mv

Author : Transparency Maldives Researcher : Aminath Haifa Naeem Editor : Mimrah Abdul Ghafoor Layout Design : www.calibre.studio

This publication may be reproduced in whole or in part in any form for education or non- profit use, without permission from the holder of copyright, provided acknowledgment of the source is made. Transparency Maldives would appreciate receiving a copy of any publication which uses this publication as a source. No use of this publication may be made for resale or other commercial purposes without the prior permission of Transparency Maldives.

This publication is produced by Transparency Maldives as part of the project funded by the European Union to strengthen local governance in the Maldives through capacity building local councils and empowering citizens for social accountability. Any opinions expressed in this publication do not necessarily represent the views of the European Union.

1 CONTENTS

i. Executive Summary 4 ii. Purpose of Study 5 iii. Methodology 5

Chapter 1 : Background 8

1.1 An Overview of Political History 8 1.2 Governance of Islands 9

Chapter 2 : Literature Review - What is Decentralisation? 17

2.1 Political decentralisation 18 2.2 Administrative decentralisation 18 2.3 Fiscal decentralisation 19

Chapter 3 : The Aspiration for Decentralisation in the Maldives 21

Chapter 4 : Legal Framework 29

4.1 The Constitution 30 4.2 Decentralisation of the Administration Divisions of the Maldives Act 7/2010 30 4.3 Local Council Elections Act 36 4.4 Amendments to the Decentralisation Act 36 4.5 Some Proposed Changes to the Decentralisation Act 40

Chapter 5 : Local Government Authority 43

5.1 LGA Board and the Seventh Amendment 44 5.2 Training Opportunities 45 5.3 Monitoring 50 5.4 Disciplining 51 5.5 Challenges Faced by the LGA 51

Chapter 6 : Decentralisation in the Maldives 2010-2017 55

6.1 Local Council Elections 56 6.2 Appointed Councillors and Province Offices 58 6.3 Alignment with Other Existing Legislations 59 6.4 Level of Administrative, Political and Fiscal Decentralisation 66 6.5 Challenges Faced by Local Councils 70

Chapter 7 : Other challenges for Decentralisation and Way Forward 73

Chapter 8 : Conclusion 77

Chapter 9 : Recommendations 81

References 84

Annex 1: List of Interviewees 89 Annex 2: Selection of councillors for the telephone survey 90 Annex 3: Survey questionnaire for councillors 91 Annex 4: Councils that participated in the telephone survey 93

2 3 I. EXECUTIVE SUMMARY mechanism using measurable indicators. • Review the mandate of the LGA with a The Review of the Decentralisation view to facilitating and strengthening the Framework in the Maldives is produced functions of local councils. with the purpose of empowering local • Increase the participation of local councils communities and strengthening local and communities in development planning, governance. This review seeks to understand implementation and monitoring of the historical context and experiences of projects. decentralisation during the past few decades, with the aim of informing policy actions of Decentralised administration was agreed by Transparency Maldives and other actors. actors across the political divide as crucial for the Maldives’ development during the debate The review explores the legal and in the constitutional assembly, resulting in a structural framework of decentralisation specific provision in the 2008 Constitution as well as experiences of local government decreeing that administrative divisions of the officials including elected councillors and country are to be governed in a decentralised administrative staff of local councils. The manner. The 2010 Decentralisation Act review discusses Maldives’ governance details the objectives of decentralised systems of the past decades, from monarchy administration: to allow island communities to republic, back to autocracy and finally the to make their own decisions in a democratic adoption of a democratic Constitution in and accountable manner; to improve people’s 2008. Governance of the islands, dimensions living standards through social, economic of decentralisation, the Decentralisation Act and cultural development; and to create and the amendments brought to it, Local an environment conducive for peace and Council Elections, governance of councils prosperity. and the Local Government Authority (LGA), and challenges faced by the decentralisation However, successive governments have system are analysed in the review. Local failed to decentralise, especially with regard Government Authority, civil society, to fiscal decentralisation. The centralisation representatives of the government, and of governance has contributed to wide councillors were interviewed for the review. inequalities in the quality and accessibility of basic services across the atolls. Despite THE MAIN FINDINGS OF THE challenges, civil society actors, elected local REVIEW INCLUDE: government officials and some political actors continue to work towards a more democratic • Lack of political will to implement and inclusive governance system, of which a decentralisation, in particular, fiscal key demand is decentralised administration. decentralisation, severely hampering the It is our hope that this publication will help ability of local councils to implement their generate discussion on the challenges mandates. and solutions to decentralisation, and by • Lack of capacity of some local councils to extension, empower local councils, civil implement the broad mandate as specified society, and political actors in their efforts to in the Decentralisation Act. strengthen local democracy by implementing • The politicisation of LGA and the utilisation decentralised governance system. of the LGA to stifle political dissent. • Lack of inclusivity in local councils, notably the extremely low number of women contesting and successfully winning local council election. • Administrative challenges faced by some local councils in implementing their mandate due to conflict with the administrative staff, who are accountable to the civil service and not the council. • Transparency Maldives recommends the following based on the findings of the report. • Prioritise fiscal decentralisation to promote self-determination of local communities and provide adequate resources and support to implement the mandate of the local councils. • Promote local resource ownership and allow councils to conduct development projects that are in-line with the National Development Plan and Sustainable Development Goals. • Ensure councillors and administrative staff are provided regular capacity building opportunities. • Implement a local council monitoring

4 II. PURPOSE OF STUDY

This review was undertaken as part of a broad project by Transparency Maldives to strengthen local democracy and the decentralisation system in the Maldives. As part of this project, there was a need to understand and capture the historical development and experiences of decentralisation in the Maldives. The review, therefore, examines the legal and structural framework in place in the Maldives, how it has evolved in recent years, and captures the experiences of the elected local councils. The review also provides policy recommendations to reform and strengthen the decentralisation framework in the Maldives.

III. METHODOLOGY

As stated in Article 2 of the Decentralisation Act, the main objective of introducing a decentralised administrative framework in the country is “to allow the island communities to make their own decisions in a democratic and accountable manner; to improve people’s living standards through social, economic and cultural development; to empower the people; bring the services closer to the people; and to create an environment conducive for peace and prosperity”.

This clause in the Act is used as the primary research question in undertaking this review, the actual question being whether this objective has been achieved.

As the review also attempts to highlight the challenges faced by local councils and the Local Government Authority (LGA) in implementing decentralisation, information was collected through:

• A desk review of published reports and news articles. • Twenty-six interviews conducted with thirty individuals, which includes representatives of various institutions and relevant professional individuals. (See Annex 1 for a full list of interviewees) • Thirty telephone interviews conducted with former and current local councillors. (See Annex 3 for the interview questionnaire and Annex 2 for the factors considered in selecting councillors for the interviews.)

The review looks at events up to and including the third local council election held in May 2017.

5 6 CHAPTER 1 BACKGROUND

7 CHAPTER 1: BACKGROUND

1.1 authority on matters of government, including AN OVERVIEW OF POLITICAL the administration of atolls and islands HISTORY outside of Male’. Both Presidents Nasir and Gayoom vested most government authority in The Maldives is currently a democratic their own person.6 republic, based on the principles of Islam. 1 The Commonwealth. 2016. http://thecom- However, for most of its recorded history Similarly, the new constitution that was monwealth.org/our-member-countries/ the Maldives was an independent sultanate ratified on November 1997 and took effect maldives/history; See also Al Suood, H. 2014. The Maldivian Legal System, p. 19. save for a brief occupation by the Portuguese from January 1998 onwards contained 2 Al Suood, H. 2014. The Maldivian Legal during the sixteenth century and also the provisions that completely subjected the System, p. 23. 3 Ibid. p. 25. period from 1887 until 1965, during which the administration of islands to the central 4 Maldives Independent. 2015. A lingering 1 7 longing for self-rule, http://maldivesin- Maldives was a British protectorate. After government’s authority. The atoll chiefs, to dependent.com/feature-comment/the- a previously unsuccessful attempt, lasting whom were delegated the ability to run day longing-for-self-rule-115666; Maloney, C. 1976. “The Maldives; New Stresses between 1953 and 1954 under the tenure to day affairs, were appointed and removed at in an Old Nation”, Asian Survey, 16(7), of the Maldives’ first President, Mohamed the full discretion of the president.8 pp. 665-671. 5 Mufeed, A. 2013. Dhivehi Ingireesi Amin Didi,2 the Maldives finally abolished Gulhun Adhi Addu Bagaavai, p. 86; 6 Independent. 2008. Ibrahim Nasir: First the sultanate in 1968 and the country has Despite the rapid economic and social President of the Maldives following remained a republic thereafter. strides made by the Maldives in the 1980s independence in the 1960s, http://www. independent.co.uk/news/obituaries/ and 1990s there was increasing discontent ibrahim-nasir-first-president-of-the- For the remainder of the twentieth century towards autocracy and a burgeoning desire maldives-following-independence-in- the-1960s-1035062.html; Al Suood, H. the Maldives was presided over by autocratic for more political liberties, both nationally Political System of the Ancient Kingdom, p. 26. leaders who exercised power without serious and at the local level. Following mass riots 7 Articles 106, 112, 118 and 124 of the challenge or opposition: first under Ibrahim precipitated by the death of a prisoner on the 1997 Constitution of the Maldives. 8 Ibid. 9 Nasir, who was President from 1968 to 1978, island of K. Maafushi in 2003, and outrage 9 Harding, R. and Morgan, N. 2004. Strengthening Custodial Services in the and subsequently, under Maumoon Abdul ensuing in the aftermath of elections held in Maldives, http://www.mvlaw.gov.mv/pdf/ Gayoom, President from 1978 to 2008. It was the October of that year – in which Gayoom publications/2.pdf; BBC. 2003. Maldives ‘had second jail riot’, http://news.bbc. not until the 2000s that a movement towards reportedly secured over 90 per cent of the co.uk/2/hi/south_asia/3131326.stm democratisation began, resulting in the 2008 vote – pressure intensified on the government 10 Freedom House. 2004. https://freedomhouse.org/report/freedom-world/2004/ 10 constitution that formally inaugurated a to reform. maldives ; IFES Election Guide. 2003. http://www.electionguide.org/elections/ democratic regime in the Maldives. id/53/; Amnesty International. 2005. In response to these pressures, on 9 June Maldives: Human Rights Violations in the Context of Political Reforms, https:// As will be explored in the next chapter, 2004 Gayoom announced a program of www.amnesty.org/download/Docu- during its long history encompassing many democratic reforms11 released officially on 27 ments/84000/asa290012005en.pdf 11 Human Rights Commission of the shifts in type of government, the Maldives March 2006, entitled a Roadmap for Reform Maldives. 2006. The “Rights” Side of Life, 12 http://www.hrcm.org.mv/publications/oth- has witnessed several changes with regard Agenda. This process culminated in the 2008 erdocuments/TheRightsSideOfLife.pdf to: how its various atolls and islands have Constitution, which established a democratic 12 President’s Office. 2006. Roadmap for the Reform Agenda: Ushering in been governed; the level of autonomy local system of government in the Maldives, a Modern Democracy, http://www. communities enjoyed from the central with guaranteed basic civil and political maldivespartnershipforum.gov.mv/doc/ Roadmap_for_the_Democratic_Reform_ government; and the level of influence liberties for its citizens for the first time in Agenda.pdf 13 13 Zahir, A. 2010. Thirty Years, p. 143. locals have had in selecting who governs the country’s history. Furthermore, the new 14 UNDP. 2014. Maldives Human Develop- them at the local level. Present attempts at constitution contained provisions aimed at ment Report 2014, p. 24, http://hdr.undp. org/sites/default/files/maldives_hdr2014_ decentralisation, which are intended to grant empowering local communities and formally full_report_0.pdf local communities the ability to shape their incorporated the principle of decentralisation 15 Asian Human Rights Commission. 2006. The Maldives Human Rights Situation own destinies, draw abundantly from the into the country’s governance framework. in 2006, http://www.humanrights. asia/wp-content/uploads/2018/07/ lessons learned over this long period. Maldives-2006.pdf; Freedom House. According to Article 230(a) of the constitution 1998-2006, https://freedomhouse.org/ report/freedom-world/2006/maldives; US Local communities have not always been “The administrative divisions of Maldives State Department. 2010. Country Report content with how the central government must be administered decentrally”. However, on Human Rights Practices, https:// www.state.gov/documents/organiza- has governed them. Frustrations had even despite the formal incorporation of such tion/160060.pdf; Amnesty International. 2004. Maldives : Peaceful demonstrators manifested in rebellion: from 1959 to 1963, articles and provisions the political turmoil beaten and detained, https://web.archive. the three southernmost atolls of the country, that characterised the period prior to org/web/20060307225502/http://news. amnesty.org/index/ENGASA290042004; Huvadhoo, Fuvahmulah and Addu Atoll, and following the ratification of the new Freedom House. 1998. https://freedom- claimed independence from the rest of the constitution has hindered the effective house.org/report/freedom-world/1998/ maldives; Amnesty International. 3 country, calling themselves the United implementation of decentralisation (this 1995. Maldives: Freedom of expression 4 under threat, https://www.amnesty. Suvadive Republic. Additionally, there had was arguably exacerbated by the fact that org/download/Documents/176000/ previously been other uprisings in Addu at the time of ratification the Maldives was asa290011995en.pdf; Amnesty Inter- national. 2003. Amnesty International Atoll and a united rebellion from all major still struggling to recover from the effects of Report 2003 - Maldives, http://www. islands north of Male’ atoll, known as Bodu the 2004 tsunami which had wrought much refworld.org/docid/3edb47db4.html; Amnesty International. 2003. Republic 5 14 15 Thiladhummathi Gadubadu. economic damage upon the Maldives). of Maldives: Repression of Peaceful Po- litical Opposition,https://www.amnesty. org/download/Documents/104000/ Another obstacle with regard to There had been promising beginnings for asa290022003en.pdf; NDI. 2004. Assessment of the Opportunities and the decentralisation has been that until very democracy in the Maldives. In accord with the Challenges to the Development of Polit- recently, the overarching legal frameworks new democratic constitution’s requirements ical Parties in the Maldives, p. 5, www. mvlaw.gov.mv/pdf/publications/1.pdf; of the country have favored strong chief the country’s first competitive multi-party Article 19. 2006. Press Freedom Mission to the Maldives, https://www.article19. executives, and the country has been helmed presidential elections were held in 2008 and org/data/files/pdfs/press/maldives-state- by autocratic leaders, averse to letting local were won by Mohamed Nasheed – one of the ment-by-the-international-press-.pdf 16 Transparency Maldives. 2008. Domestic communities select their own leaders or type founders of the Maldivian Democratic Party Observation of the 2008 Maldivian of government. Under the 1968 Constitution and former political prisoner.16 Furthermore, Presidential Election, http://transparencymaldives.org/transparency/wp-content/ for instance, the president was the supreme in 2011 the country’s first local council uploads/2013/03/election_report.pdf

8 elections were successfully held.17 an attendant decline in political and civil space. Constitutional safeguards intended to However, in February 2012, three years after protect key democratic liberties and empower his election and amidst protests over his local communities have been undermined. arrest of a sitting judge of the Criminal Court, Within this context, efforts to decentralise President Nasheed resigned.18 Vice President the country have suffered. Mohamed Waheed was sworn in on the same day as the fifth President of the Maldives.19 Whilst, under the present administration On the day following his resignation, Nasheed the Maldives have held their second claimed that he was forcibly removed from and third local council elections, these office and alleged that a coup d’état had elections were subject to several delays occurred.20 In the immediate aftermath, and the decentralisation framework of the public violence ensued and clashes occurred country has witnessed marked changes. between supporters of the former president The key guiding legislation outside of the and the police. Accusations of torture and Constitution relevant to decentralisation, excessive use of force by the police against the Decentralisation Act, has been amended Nasheed, MDP parliamentarians, and his on five separate occasions; the powers and supporters were reported by the MDP to resources of councils and council members local and foreign news agencies.21 representing local communities have been curtailed; and the structure of the Local The disputes surrounding these events Government Authority (LGA), the monitoring contributed to greater political rifts within body for local councils has been modified. the country which arguably stymied the This will be examined in more depth in the work of democratic consolidation, including next section, which traces the evolution with regard to strengthening the country’s of atoll and island governance in the decentralisation framework. The months that Maldives and recounts how the desire for Waheed served as President, from February decentralisation developed over the years. 2012 to November 2013, were charged with high political tensions. The MDP refused 1.2 to accept Waheed’s offer to join in the new GOVERNANCE OF ISLANDS administration being formed in 2012 and the new President reneged upon his initial Atolls governance structure in early centuries. indications that early elections would be held.22 During the period in which the Maldives was ruled by a monarch, the power of this leader When elections were eventually announced was absolute throughout the country. Whilst for September 2013, four candidates major decisions were taken in consultation competed: incumbent President Waheed; with appointed noble chiefs and ministers, former President Mohamed Nasheed; the king had the power to veto any of these Jumhooree Party leader Gasim Ibrahim; recommendations.25

17 Transparency Maldives. 2011. Domestic and Abdulla Yameen Abdul Gayoom, a Observation of Local Council Elections longstanding and well-known public official Islands were grouped into thirteen atolls by 2011, http://transparency.mv/wp-content/ uploads/2013/12/Presidential-Parliamen- who is also a half-brother to former President the early seventeenth century. Each was led tary-Local-Council-election-reports.pdf 26 18 President’s Office. 2012. http://presiden- Maumoon Abdul Gayoom. by a naib appointed by the sultan, who was cymaldives.gov.mv/Press/Article/6727 tasked with overseeing all administrative 19 President’s Office. 2012. http://presidencymaldives.gov.mv/Press/Article/6742 The long-drawn-out election saw an and legal affairs as well as affairs relevant to 20 The Guardian. 2012. Maldives unprecedented level of court interference education within the atoll. president says he was forced to resign at gunpoint, https://www.theguardian. in elections (notably, the Supreme Court com/world/2012/feb/08/maldives-presi- 27 dent-resign-gunpoint annulled the first round of elections), Atholhuverin were also appointed by the 21 Al Jazeera. 2012. Thousands encroachment on the powers of the Sultan but initially their role was limited to of Maldivians condemn ‘coup’, https://www.aljazeera.com/news/ independent Elections Commission, and tax collection (hence the previous term of asia/2012/02/201228593123326.html issuance of electoral guidelines that allowed vaaruverin28 for this same position) on behalf 22 Reuters. 2012. New Maldives president says willing to call early election, political parties to influence elections. In a of the state. They worked alongside naibun https://www.reuters.com/article/us-mal- 29 dives-president/new-maldives-president- runoff election between former President and the post was held in high esteem. says-willing-to-call-early-election-idUS- Nasheed and Yameen Abdul Gayoom, the Katheebun30 presided over affairs at the island TRE81F0KZ20120216 31 23 Elections Commission. 2013. https:// latter secured the presidency, winning 51.39 level and reported to their respective naib. www.elections.gov.mv/en/ec/elections/ per cent of the vote.23 Presidentialelectionsresults2013.html 24 Freedom Now. 2015. http://www. Records of the French traveller Pyrard in freedom-now.org/news/un-finds-detention-of-former-maldivian-president-mo- During President Yameen’s administration the early seventeenth century indicate that hamed-nasheed-in-violation-of-interna- political tensions have remained high atholhuverin were junior to naibun. However, tional-law-urges-his-immediate-release/; OHCHR. 2017. https://www.ohchr.org/ throughout the country, particularly after according to the British commissioner Documents/Issues/Detention/Opinions/ the arrests and convictions of high-profile HCP Bell, who travelled in the Maldives in Session77/Opinion2016_59_Maldives_Na- zim.PDF politicians and state officials, including the 1890s, by this time atholhuverin had 25 Al Suood, H. 2014. The Maldivian Legal System, p. 8-13. members of government and the ruling party. become the more powerful position whilst 26 Singular form: naib; plural form: naibun. Several of these trials and convictions have the responsibilities of naibun were limited to 27 Singular form: atholhuveriyaa; plural 32 form: atholhuverin. been criticised by international authorities for providing advice on judicial matters. 28 Singular form: vaaruveriyaa; plural form: not following due process.24 By 2016, Yameen vaaruverin. 29 Ibid., p. 15. had dismissed and appointed a Vice President 30 Singular form: katheeb; plural form: katheebun. on three separate occasions. 31 Al Suood, H. Political System of the Ancient Kingdom, p. 18. 32 Al Suood, H. 2014. The Maldivian Legal In addition to this turmoil there has also been System, p. 15.

9 ATOLL GOVERNANCE STRUCTURE usually were unable to provide the most PRECEDING DECENTRALISATION professional and administrative support a ACT school needed to thrive.42 The report noted that the Ministry of Education addressed By the early 1980s, atholhuverin or atoll this at the time by training supervisors for all chiefs were regarded as the most senior schools. But this confirmed that even up until representative of the government in each 2006, these political appointees were still atoll. They were highly respected and lived managing at least some schools in the islands. in the atoll capital in state accommodation. Atolls chiefs were supported in their duties ATOLL CHIEF MEETINGS by deputies who were also directly appointed by the president. In some cases, there were From the early 1980s, all atoll chiefs various levels of deputies hierarchically convened on an annual or biennial basis, to divided into the posts of eheetheriya33 discuss challenges and issues that they faced (assistant), is eheetheriya34 (senior assistant), in their respective atolls. Economic and social muaavin35 (an Arabic term referred to an progress was also discussed during these assistant more senior than the is eheetheriya). meetings. However, muaavinun were not appointed to every atoll.36 The scope of the responsibilities This meeting took place throughout various of atoll chiefs gradually expanded from locations around the country, sometimes in maintaining law and order to assisting Male’. The first meeting was held in HDh. ministries with coordination of development Kulhuduffushi.43 In later years this meeting projects. was divided into two distinct sessions: one meeting for the northern atolls and another Katheebun, who were also appointed by the meeting for the southern atolls.44 president and reported to the atoll chief, were tasked with overseeing the administrative PROMINENCE OF ATOLL AND affairs at the island level. They were assisted ISLAND CHIEFS in their duties by a deputy called kuda katheeb.37 In islands with large populations In the atoll chiefs’ meeting of 2006, the there were sometimes more than one kuda Minister of Atolls Development invited the katheeb.38 United Nations highest representative in the Maldives to join the meeting since the Katheebun were often appointed following United Nations (UN) was a key donor in the their recommendation for the post by the development projects (such as the 2004 atoll chief. They were usually local residents tsunami projects) and the atoll chiefs played of the island. Atoll chiefs, however, were not a key role in assisting coordination in these always residents of the atoll themselves and projects. At the meeting the UN noted that had often been transferred among several atoll chiefs had a “unique insight into the atolls or other public offices in senior posts.39 conditions of the people on the island”.45

The role of the atoll chief was formalised in The role of the atoll chief was important Article 109 of the 1997 Constitution, which because of their knowledge and expertise mandated that the president nominate an on issues and also because of their highly atoll chief for each atoll.40 According to the visible presence within communities. For constitution, the atoll chief reported directly instance, whilst the 1997 Constitution was in to the president, with the duration of their effect they played a key role in the country’s terms being at the discretion of the president, presidential and general elections. who held the sole authority of appointing and dismissing them.41 The article specified A particularly illustrative example is from the that the atoll chief must administer the 2003 election during which the Elections 33 Singular form: eheetheriyaa; plural form: affairs of the atoll in accordance with the Commission at the time did not possess the eheetherin. 34 Singular form: is eheetheriyaa; plural form: president’s instructions. Communications human resources to administer the election is eheetherin. 35 Singular form: muaavin; plural form: to the atoll chiefs were to be made via the and had to rely on the atoll chiefs to oversee muaavinun. relevant minister. The constitution did not voting and the transportation of ballot boxes. 36 Interview with Mohamed Ahmed, atoll chief between 1986 and 2007 for four mention how administrative affairs should be atolls. organised at the island level. Sometimes this prominence transmuted into 37 Singular form: kuda katheeb; plural form: kuda katheebun. undue influence and contributed to societal 38 Interviews with former atoll chief Mohamed Ahmed, and Minister of Atolls The duties of the katheeb encompassed more frictions. A report by an Indian research Administration in 1983, Abdul Rasheed than simply managing the administrative and institute in 2004 noted that several persons Hussain. 39 Joint Government and UNDP Mission. political affairs of the island. For instance, the from both Male’ and the atolls felt that 2005. Strengthening Decentralised Gov- katheeb also presided over matters relating atoll chiefs possessed full control over the ernance in the Maldives, p. 4, http://www. shareefweb.com/documents/LocalGovRe- to education, and oversaw the running of elections that occurred during this time- forms/SeminarsConsultations&Studies/ Decentralisation%20Study%20Report.pdf government schools in the island. A 2006 period and that they could directly influence 40 Article 106 of the 1997 Constitution of UNESCO review of educational facilities in their outcome. According to this report, the Maldives. 41 Ibid., Article 111. the Maldives, in fact, noted this particular several interviewees noted that they would 42 UNESCO. 2006. http://www.ibe.unesco. point as concerning in two ways: (1) This face repercussions by atoll and island chiefs org/fileadmin/user_upload/archive/Coun- tries/WDE/2006/ASIA_and_the_PACIFIC/ meant that the katheeb did not have a lot if they voted against government backed Maldives/Maldives.pdf 43 Interview with Abdul Rasheed Hussain, of time to tend to the school owing to his candidate – often they would suddenly be Minister of Atolls Administration in 1983. other duties, and (2) Due to the lack of formal confronted with difficulties in obtaining 44 Zahir, A. 2010. Thirty Years, p. 248. 45 UN. 2006. Atoll Chiefs Meeting, http:// education and training, the island chiefs www.un.org.mv/un-newsroom/atoll-chiefs- meeting-11-may-2006/

10 government services such as medical IDCs consisted of five to ten members, attention, government loans, necessary also depending on the population-size of licences and so on.46 the island. Some of these members were appointed directly by the atoll chief. The This report also highlighted that competition president of the IDC was always the island 46 NDI. 2004. Assessment for Opportunities 56 and the Challenges to the Development for the appointment of atoll chiefs in the early chief. of Political Parties in the Maldives, p. 28, 1970s created family rivalries and conflict www.mvlaw.gov.mv/pdf/publications/1.pdf 47 Ibid., p. 30. in some islands that would endure for years, IDCs sometimes included some de facto 48 Ibid., p. 44. indicating the power and prestige accorded to members in their composition because of the 49 Joint Government and UNDP Mission. 47 2005. Strengthening Decentralised Gov- the position. social prominence of these individuals. For ernance in the Maldives, p. 4, http://www. shareefweb.com/documents/LocalGovRe- instance, if they were the head of the island’s forms/SeminarsConsultations&Studies/ Thus, atoll chiefs and katheebun were seen as health facility or school, it was not unusual for Decentralisation%20Study%20Report.pdf 50 Interview with Abdul Rasheed Hussain, an extension of the central government rather women who held such prominent positions Minister of Atolls Administration in 1983. than representatives of communities.48 The to be included in IDCs. Other members were Also noted by Maloney, C. 1976, “The Maldives: New Stresses in an Old Nation”, posts were not advertised, and appointments selected by the community through a voting Asian Survey, 16(7), p. 659. 51 Interview with Abdul Rasheed Hussain, were seen as based on political calculation process – though in this instance, it was rare former Minister of Atolls Administration. rather than merit.49 Dismissals would be for a female member of the community to A publication by LGA also states that 50 elections for Atoll Development Councils prompt, with no appeal or review process. be selected by vote. However, there were no were held on 29 August 1961 in Male’ barriers to women voting on the composition atoll, where the person with the most votes 57 was to become the president of the Atoll It was to cater for the lack of community of both IDCs and ADCs. Development Committee and the atoll chief. However, this was not successful and involvement in decision-making processes atoll chiefs were appointed again. Another that Atoll Development Committees (ADCs) As per guidelines, elections were writer, Clarence Maloney, wrote that atoll committees were created soon after the and Island Development Committees (IDCs) administered on each island or atoll by a republic was formed and the member and eventually Women’s Development temporary group appointed by the atoll chief securing the most votes became atoll chief. These committees were abolished in 1975 Committees (WDCs) were formed. in consultation with island chiefs, usually and atoll chiefs were then appointed by the President. This is also mentioned in UNDP composed of senior government officials. report Strengthening Decentralised Gov- ATOLL DEVELOPMENT If the number of persons applying for the ernance In the Maldives, p. 6, http://www. shareefweb.com/documents/LocalGovRe- COMMITTEES, ISLAND committee was less than the number of forms/SeminarsConsultations&Studies/ vacancies, then all candidates were granted Decentralisation%20Study%20Report.pdf DEVELOPMENT COMMITTEES 52 Interview with Mohamed Ahmed, former AND ISLAND WOMEN’S membership and the remaining positions Atoll Chief first appointed in 1986. A shadow report prepared by the local NGO, DEVELOPMENT COMMITTEES were appointed by atoll chiefs, following Hope for Women, reported that Women’s consultations with island chiefs.58 Development Committees were active in many islands by 1982 (https://www2. President Nasir had attempted to form ohchr.org/english/bodies/cedaw/docs/ ngos/HopeForWomen_MaldivesForPSWG. elected ADCs, in which the person winning Island Women’s Development Committees pdf, p. 42). According to Abdul Rasheed the most number of votes would be selected (IWDCs) were established in all inhabited Hussain, former Minister of Atolls Admin- 59 istration, these WDCs were formed after as the atoll chief. However, this proved islands by 1992 but according to some ADCs and IDCs. unsuccessful. Committees were abolished, sources had been active in many islands 53 Interview with Abdul Rasheed Hussain, 60 former Minister of Atolls Administration. and atoll chiefs were subsequently directly as far back as the 1980s. IWDCs were Also mentioned in Zahir, A. 2010. Thirty 51 Years, p. 247. appointed by the President. first established in 1979 in Male’, then 54 Zahir, A. 2010. Thirty Years, p. 247. subsequently in other islands.61 55 A news article issued by MDP on 23 September 2017 provides some back- Atoll Development Committees (ADC) and ground on the electoral process for island Island Development Committees (IDC) were IWDCs were expected to take on a wide development committees, which have a term of two years. According to the article, later introduced by President Gayoom and range of activities relevant to women but the Ministry of Atolls Development had 52 appointed two independent committees were in effect by the 1980s. Initially an Atoll their income generating activities tended to to oversee the elections: Organising Development Advisory Board was formed focus on cleaning services or training courses Committee and Executive Committee. MDP, expressing concern, highlighted that within the central government to determine such as tailoring. Reviews of the IWDCs this takes place with no involvement of development affairs of the atolls and islands, report that some of these committees were the Elections Commission. https://themdp. wordpress.com/2007/09/23/island-devel- which subsequently led to the roll out of disempowered and confined to stereotypical opment-committee-elections-to-be-held- 53 on-27-october-2007/ ADCs and IDCs throughout the country. gendered roles such as cleaning the island 56 Joint Government and UNDP Mission. and catering for events and festivities during 2005. Strengthening Decentralised Gov- 62 ernance in the Maldives, p. 5, http://www. In 1992, the government formally issued these years whereas other IWDCs were shareefweb.com/documents/LocalGovRe- regulations to ensure these bodies were more active and contributed significantly forms/SeminarsConsultations&Studies/ Decentralisation%20Study%20Report.pdf elected within the communities they to their island development committees or 57 Interview with Mohamed Ahmed, former 63 Atoll Chief. represented. Amongst other responsibilities generated revenue from running businesses. 58 Joint Government and UNDP Mission. these committees were expected to advise 2005. Strengthening Decentralised Gov- ernance in the Maldives, p. 6, http://www. the katheeb or atoll chief on issues such as There was no formal mention of ADCs, IDCs shareefweb.com/documents/LocalGovRe- land use and development-related affairs.54 or IWDCs in any laws prior to 2010. Their forms/SeminarsConsultations&Studies/ Decentralisation%20Study%20Report.pdf functions, elections and operations had been 59 Ibid. 60 Hope for Women. 2012. Shadow Report These rules were later amended in 1999 only described in regulations and circulars to the Committee on the Elimination of and remained in effect until the committees issued by the Atolls Ministry. Discrimination against Women, p. 42, http://www2.ohchr.org/english/bodies/ were dissolved following the passage of cedaw/docs/ngos/HopeForWomen_Mal- the Decentralisation Act and replaced with CONSULTATION OF THESE divesForPSWG.pdf 55 61 UNDP. 2014. Maldivian Women’s Vision, p. elected councils. COMMITTEES 3, http://www.mv.undp.org/content/maldives/en/home/library/democratic_gover- nance/Publication0.html ADCs comprised of ten to twenty members, Consultation was made mandatory in 62 Hope for Women. 2012. Shadow Report to the Committee on the Elimination of depending on the population-size. In most community affairs, as stated in the regulations Discrimination against Women, p. 42, cases, ADCs were chaired by atoll chiefs and of the IDCs and ADCs of both 1992 and http://www2.ohchr.org/english/bodies/ cedaw/docs/ngos/HopeForWomen_Mal- consisted of representatives of IDCs of the 1999. However, there are few comprehensive divesForPSWG.pdf 63 Transparency Maldives. 2015. Assessment respective atoll who were appointed by the reports assessing the performance of of Women’s Development Committees in Ministry of Atolls Development. individual island chiefs or atoll chiefs or their the Maldives, http://transparency.mv/files/ media/9cf640937386789db4c8b82b- 78bad815.pdf

11 relevant committees in this regard. did not list any consultation with local level consultations, despite the aforementioned Some of the donor-driven tsunami related plan specifically listing increasing tourism projects consulted and involved island links with island communities as a specific and atoll development committees in the strategy.71 The Second Tourism Master Plan, planning and implementation stages of their the preceding plan prepared for 1996-2005, projects. For instance, the British Red Cross had only listed consultations with Male’ based formed a temporary planning committee government offices.72 which included an IDC member during the reconstruction and redevelopment of Th. A report by UNDP on the general process of Vilufushi.64 tsunami recovery efforts by the government noted that attempts to integrate IDCs on The Japanese aid agency JICA implemented a systematic basis in recovery efforts (for a harbour and sewerage project following the example, through providing updates on tsunami. In their evaluation report, it was recovery efforts or presenting plans for clearly stated that they needed to obtain the approval) were limited.73 Therefore, the ADC’s consent of IDCs to operate and maintain the and IDC were not consulted by the central harbour and sewerage systems, since it was government consistently during this period. understood that this infrastructure would be handed over to the IDCs after completion.65 Nevertheless, during the period currently being discussed, although ADCs and The USAID provided reverse-osmosis IDCs were not legal entities, a form of desalination plants to Naifaru and Hinnavaru decentralisation had already started in the and noted in its environmental assessment Maldives and this was proving to be an report that the sites chosen to locate these effective way of involving communities in plants were selected in consultation with the local development efforts.74 respective IDCs.66 FINANCIAL ASPECTS OF THESE Furthermore, during a technical assistance LOCAL GOVERNANCE UNITS initiative provided by the Asian Development Bank to improve environmental management Expenses of a typical island office included in the Maldives, the plan of action entailed salaries of staff, recurrent expenses of discussions with IDCs and WDCs amongst maintaining island or atoll chief’s offices, 64 IUCN. 2009. Study on Post-Tsunami Res- other stakeholders, in carrying forward with transportation costs within the atoll and toration and Conservation Projects in the the project. allowances for IDC and ADC members. Public Maldives, https://www.miteco.gob.es/es/ parques-nacionales-oapn/proyectos-de-co- services such as street lighting was also operacion/Producto-H_tcm30-287669.pdf It is noteworthy that in the above examples, provided by some offices in coordination with 65 JICA. 2006. https://www.jica.go.jp/english/ our_work/evaluation/oda_loan/econom- 75 the committees in particular were prioritised the respective IDC. ic_cooperation/c8h0vm000001rdjt-att/ maldives.pdf in consultations rather than the government- 66 USAID. 2017. Maldives Tsunami Recon- appointed katheebun or atoll chiefs, indicating The island and atoll offices and committees struction Program, p. 1, http://pdf.usaid. gov/pdf_docs/Pnadj905.pdf their authoritative and important role in island were increasingly responsible for more and 67 Interview with Salma Fikry. development planning. more community funds towards the latter 68 Ministry of Housing and Urban Develop- ment. 2008. Maldives National Housing years. The sources of these funds included Policy, p. 1, http://www.mvlaw.gov.mv/pdf/ gavaid/minHousing/25.pdf The committees were also consulted by allocations from the government’s budget 69 Ministry of Home Affairs and Environment. the central government in policy, sector, and also funds raised from local sources 2004. Identification of Existing Barriers to the Provision of Effective Solid Waste or program planning, particularly with such as rent from guesthouses or shops. Management Services within the Maldives regard to those plans that heavily impacted Some committees were also known to levy and Recommendations for their Removal, http://www.globalislands.net/userfiles/ communities. In some cases, the Atolls taxes. For instance, Kulhuduffushi IDC was Maldives6.pdf 70 Consultations with these committees Ministry would explicitly instruct the island reported to have collected 5 per cent of confirmed by Ahmed Afaal, current Man- chief to obtain the advice of the IDC prior earnings from sand-mining.76 However, IDCs aging Director of ADK Hospital, who was involved in the preparation of the Health to deciding on key issues such as land and ADCs faced difficulties in raising funds Master Plan 2006-2015, as acknowledged allocations.67 via commercial banks because they were not in its foreword: http://www.searo.who. int/maldives/documents/Health__mas- legal entities and therefore not entitled to ter_plan_2006_2015.pdf?ua=1 77 71 Ministry of Tourism and Civil Aviation. During 2005 to 2008 when the Ministry of take out loans. People contributed in-kind 2007. Third Tourism Master Plan Housing and Urban Development prepared to community development needs, such as 2007-2011, http://www.tourism.gov.mv/ 78 downloads/ttmp.pdf the National Housing Policy, a draft of the repair of mosques or water tanks. 72 TRANSTEC. 1996. Tourism Master Plan policy was reportedly sent to all atoll offices 1996-2005, http://www.tourism.gov.mv/ pubs/MasterPlan/MasterPlan.htm to receive input from ADCs and IDCs, in In the 2000s, Ministry of Atolls Development 73 UNDP. 2006. Local Governance in Tsunami 68 Recovery: Lessons learned and Emerging addition to other stakeholders. implemented highly successful integrated principles, p. 12, http://www.recoveryplat- atolls development projects encompassing form.org/assets/recoverycases_reports/ Local_Gov_Tsunami_Recovery_2006.pdf Similarly, an exercise to improve solid waste several atolls (see Chapter 2). Funds for these 74 Interview with Salma Fikry. management services within the Maldives projects were raised from the government, 75 Joint Government and UNDP Mission. 2005. Strengthening Decentralised Gover- included consultations with ADCs, IDCs and the respective ADCs, and from various nance in the Maldives, p. 10, http://www. 69 shareefweb.com/documents/LocalGovRe- WDCs in the islands selected for the study, donors such as the UNDP. In the case of forms/SeminarsConsultations&Studies/ as did the Health Sector Master Plan for Shaviyani atoll, the ADC alone contributed up Decentralisation%20Study%20Report.pdf 70 79 76 Ibid., p. 9. 2006-2015. to MVR 1 million. 77 Interview with Shareef Nafees, Executive Director at the Ministry of Home Affairs (initially joined Ministry of Atolls Devel- However, some sector plans were developed Donors acknowledged the responsibilities opment in 1985, and was part of the core team working on decentralisation reforms). without close consultations at the local of IDCs in their own reports, such as the 78 Interview with Shareef Nafees and Abdul governance level. For example, the Third Japanese aid agency JICA who constructed Rasheed Hussain. 79 Atoll Development Funds, http://www.sha- Tourism Master Plan for Maldives 2007-2011 eight sewerage systems in islands post- reefweb.com/documents/AboutIADproj- ects/Atoll%20development%20funds.pdf

12 tsunami. JICA worked closely with IDCs in questionable that they were used to optimum developing and designing these projects, as effect. the systems were originally designed to be handed over to the IDCs for maintenance Furthermore, even though island chiefs or the and operation after construction.80 JICA IDCs were handling large amounts of cash, noted in their 2014 evaluation report that this was based on a single-entry bookkeeping until 2010 the IDCs were responsible for system until 2009, and sometimes not operation and maintenance for harbours and maintained properly at all.83 The UNDP IDCs repaired island harbours under their mission in 2005 also commented on the annual budgets, whereas major repairs were unavailability of financial records during their done under the atoll chief using atoll budget, field visits; the mission attempted to obtain an based on a request by the island chief. More overview of the IDCs and ADCs accounts and serious repairs would be put to the relevant revenues but this proved to be difficult due to ministry.81 “a lack of local transparency”.84

However, there was a lack of accountability, Thus, the situation at the time created scope transparency and poor record-keeping for the misuse of funds entrusted to the during this period. Due to the lack of banking local offices.85 However, measures that the facilities in atolls and islands, payments for state subsequently implemented in 2009 salaries and other necessary government would have lasting repercussions in terms office running expenses were often sent in the of community development and facilitating form of cash from the central government.82 support for decentralisation, which is felt to this day. Disbursement and reporting of such funds were guided by loose instructions by the then Ministry of Atolls Administration. Hence, the utilisation of such funds was left to the discretion of island or atoll chiefs and it is

80 By the time the project was completed, there were utility companies formed in 2009 in the atolls. Hence, the sewerage systems were handed over to these utility companies. The maintenance and operation of harbours were handed over to the newly elected island councils. 81 JICA. 2014. Ex-post Evaluation of Japanese ODA Loan: Maldives Tsunami Reconstruction Project, p. 24, https:// www2.jica.go.jp/en/evaluation/pdf/2014_ MV-P1_4.pdf 82 Interview with Fathimath Razeena, Finan- cial Controller, on 15 October 2017. 83 Interview with former State Minister for Finance and Treasury Ahmed As-ad on 9 October 2017. 84 Joint Government and UNDP Mission. 2005. Strengthening Decentralised Gover- nance in the Maldives, p. 11, http://www. shareefweb.com/documents/LocalGovRe- forms/SeminarsConsultations&Studies/ Decentralisation%20Study%20Report.pdf 85 Interview with Fathimath Razeena, Finan- cial Controller.

13 BOX 1:

THE CONSOLIDATION OF PUBLIC FUNDS

The change in government in 2008 brought affairs of islands were already taking place about shifts in policy encompassing in 2009. These included having appointed new approaches to economic and social councillors working alongside island development and the initiation of new chiefs, creating confusion and conflict in projects. The dissolution of the island and some islands amid multi-party divisions. atoll offices as well as IDCs and ADCs were Therefore, as mandated by the new keenly felt by every community, as were the Public Finance Act, the MDP government modifications made to the public finance implemented reforms in the public finance system, which took effect in 2009. management system as well. As part of these banking reforms, numerous ad hoc It is important to understand the events that banking accounts of island councils were led to these changes in the public finance closed and reopened under a more standard system. The 2004 tsunami had impacted system for better management.88 the Maldives to a great extent and the aid of the international community was As part of these reforms to the public essential for rebuilding and reconstruction. finance management system, one decision Along with this aid, assistance was received continues to attract criticism because of by the government to undertake reforms the arguably adverse impact it is having in public finance management systems on decentralisation. Many communities including reforms in the central banking and had accumulated funds under different restructuring of public finance management. entrepreneurial activities, which were These changes were intended to help better historically under the custodianship of Island manage these increased aid flows and to Development Committees or the respective bring about needed reforms to the outdated island chiefs. The most common source of financial systems. income for these communities at the time had been running the powerhouses on their Thus, a new Public Finance Act 3/2006 was islands. The MDP government convinced ratified in 2006, which introduced more many communities to hand over their stringent measures for management of state entire community fund and savings to the finance. This included the consolidation of State. Some communities and onlookers all funds into four main state accounts from criticise this as encroachment by the then which withdrawals could be made upon government on communities’ hard-earned certain conditions or with the approval of funds, while proponents of the move cite the Finance Minister.86 The Act gave a grace that there was room for mismanagement period of three years for the government to and misuse under the previous financial implement all the changes entailed. Hence, systems. the law fully came into effect by 2009.87 Prior to the consolidation of these public

By this period, the MDP government was in funds, Ministry of Atolls Development had 86 Article 11 and 15, Public Finance Act place and the decentralisation bill was being reportedly received complaints regarding 3/2006. 87 Ibid., Article 50. debated. Changes to the administrative misuse of funds and had dispatched official 88 Interview with Fathmath Razeena. Examples were cited of how bank accounts of island offices were renamed in a more consistent manner.

14 teams to investigate them.89 They had However, many communities have not kept found that financial statements were not sufficient records to submit to the MOFT.97 appropriately kept. Furthermore, due to the lack of banking infrastructure at the time, a Communities have had varying success lot of atolls handled cash only, resulting in in reclaiming their funds. Meemu Atoll opportunity for misuse.90 Council for instance reported that they had managed to claim back their funds after Under the previous Public Finance Act, opening a trust fund to maintain these monthly reports that included details of funds, which are now used as a loan scheme community funds were to be submitted to for on-lending within the atoll for various the audit office. However, statements from projects.98 Conversely, HDh. Hirimaradhoo all islands were not audited sufficiently and Island Council reported that they have been some had simply not been submitted.91 Some unsuccessful thus far in gaining access to misuse did occur when funds were raised their funds.99 and managed under island development committees92 and the consolidation of Some islands refused to hand over their these community funds had arguably been community funds initially in 2009/2010, and needed to address. Furthermore, it was a of these some have managed to successfully requirement imposed by the new public use these funds for development activities. finance law.93 Examples include R. Ungoofaaru and Shaviyani atoll. Critiques of this particular decision argue that these funds were not state funds It is impossible to say how each community per se and were raised by that particular would have made use of these funds had community’s development activities. they retained the funds, or how much Consolidating these funds with the overall had previously been lost to misuse or state treasury entailed that communities mismanagement prior to consolidation. would face difficulties in withdrawing Nevertheless, the consolidation of the finances for own needs and that this was a community funds by the MDP government flaw of the new Public Finance Act. remains a controversial issue. Some note that respecting the wishes of communities Reportedly, these actions by the state and acknowledging their ability to raise had negatively impacted community revenue and manage their own finances spirit.94 Alternative measures to protect would have been more in keeping with the the funds from misuse could have been spirit of decentralisation. considered. For example, more stringent reporting and accountability measures could have been introduced with the new island administration in place, with elected councillors and new legislation being drawn up.

It should be noted that communities still have claim to their stake of funds that were consolidated.95 According to the Ministry of Finance and Treasury (MOFT), the procedures for how a community can reclaim these funds from the state have been announced on multiple occasions. One such announcement was made on 21 July 2011, by the MOFT circular number 2011/10, which mandated that councils must present to the state how the council 89 Interview with Shareef Nafees. 90 Interview with Fathmath Razeena. intends to use these community funds, 91 Interview with Auditor General’s Office. 92 Interview with Anti-Corruption Com- and furthermore this must be proposed mission. after thorough community consultations 93 Interviews with Ahmed As-ad, former Minister of State for Finance and Treasury, regarding proposed usage.96 and Anti-Corruption Commission. 94 Interviews with Salma Fikry and Ali Hussain. 95 Interviews with Ahmed As-ad and Fath- In order to successfully reclaim what was math Razeena. taken, the particular community, now 96 Ministry of Finance and Treasury. 2011. Circular 2011/10, http://www.finance.gov. represented by their elected councils, must mv/public/attachments/184BgKSrowyLO- evabuJ9hNXL9vjndnJk0r3iTFMb.pdf provide supporting documents listing the 97 Interview with Fathmath Razeena. amount that was handed over to the state. 98 Telephone interview with councillor for Meemu Atoll Council 2017. 99 Telephone interview with councillor for HDh. Hirimaradhoo 2011-2017

15 16 CHAPTER 2 LITERATURE REVIEW - WHAT IS DECENTRALISATION?

17 CHAPTER 2: LITERATURE REVIEW - WHAT IS DECENTRALISATION?

This chapter comprises of a literature review 2.2 relevant to decentralisation, outlining its ADMINISTRATIVE definition whilst examining its varying types. DECENTRALISATION

The World Bank defines decentralisation as: While political decentralisation transfers “(A transfer of) authority and responsibility of decision-making to citizens, administrative major government functions from central to decentralisation refers to transferring the sub-national governments — including local authority of delivering public services governments, civil society, and the private from the central government to local sector.”100 government units. This can encompass the functions of planning, financing, and Thus, the main purpose of decentralisation is management, depending on the approach to to allow communities to exert influence over decentralisation. There are also distinctions local governance and service, and to empower relevant to the type of local government people at the local level.101 Another source units to which responsibilities are entrusted; also gives a similar definition and meaning for for example, whether the recipient agency decentralisation, which is “the redefinition is simply a government department located of structures, procedures and practices of within a community, a semi-autonomous governance to be closer to citizenry”.102 public authority, a public corporation, or a regional authority. Distinct types of decentralisation exist, each of which possesses varying characteristics, The three most commonly discussed forms policy implications as well as preconditions of administrative decentralisation are for success. Three types of decentralisation deconcentration, delegation and devolution. are explored below: political, administrative and fiscal. (I) DECONCENTRATION

2.1 Regarded as the weakest form of POLITICAL DECENTRALISATION administrative decentralisation, deconcentration is used most frequently in The core objective of political decentralisation unitary states. Deconcentration merely shifts is to offer citizens or their direct responsibilities from central government representatives more power in decision- employees in a capital city to central making so that the public services offered government employees working in regions, locally will be improved and customised to provinces, or districts (with supervision cater to the needs of each community. remaining the responsibility of the central government). Despite the ostensible transfer In the Maldives, political decentralisation of responsibilities that have occurred, they was formalised with the ratification of still remain within the ultimate purview of the the Decentralisation Act in 2010 and the central government.103 election of local councils. These councils are empowered by law to develop five- As an example, in 2002, two Regional year development plans in full consultation Development Management Offices (RDMOs) with their constituencies. The significant were created to manage the development involvement of the public in these projects being carried out in the northern development plans arguably make them and southern atolls.104 These RDMOs were more effective and relevant to the needs tasked with coordinating and implementing of local communities. Furthermore, these development projects undertaken by central local representative political bodies have government agencies. The offices were the advantage of being comprised of familiar administered by staff from the Ministry faces from the local communities whereas of Atolls Development and headed by a national level bodies tend to be seen as Chief Executive Officer. To increase public detached and depersonalised. participation in the planning process, the 100 World Bank. 2013. Decentralisation, RDMOs were supported by an Advisory http://www.worldbank.org/en/topic/ communitydrivendevelopment/brief/ The previous existence of IIDCs and Committee that included the atoll chief and Decentralization ADCs arguably indicates that political representatives from each atoll in the region 101 Ibid. 102 Ahsan Ullah, AKM. 2004. “Poverty decentralisation had already existed in the covered. Reduction in Bangladesh: Does Good country prior to the Decentralisation Act. Governance matter?”, The Role of Public Administration in Alleviating Poverty and However, as expounded upon in previous The seven province offices, which were in Improving Governance, p. 42. 103 Decentralisation Thematic Team, What sections, questions remain as to how effect from 2009 to 2012, is another example is decentralisation?, http://www.ciesin. effective they had been due to a lack of public of administrative decentralisation. These org/decentralization/English/General/ Different_forms.html information assessing their performance. offices were headed by a State Minister 104 Joint Government and UNDP Mission. appointed by the then President and 2005. Strengthening Decentralised Governance in the Maldives, p. 13, http:// supported by civil servants. These province www.shareefweb.com/documents/Local- 105 GovReforms/SeminarsConsultations&- offices also held a similar mandate to the Studies/Decentralisation%20Study%20 RDMOs – that is, to coordinate development Report.pdf 105 Renamed as National Offices after the local election in 2011. See: https:// english.sun.mv/2860

18 projects underway across different parts of passage of the Decentralisation Act and the the country.106 election of local councils, the actual extent of devolution of the central government’s (II) DELEGATION powers has been gradual and at times inconsistent. This will be explored further in Delegation refers to when the central this report. government transfers responsibility for decision-making and administrative public 2.3 functions to organisations that are not wholly FISCAL DECENTRALISATION controlled by the central government but can nevertheless be held accountable by them. In this form of decentralisation, authority Under delegation discretion is provided for over finances, encompassing taxation and these semi-autonomous organisations to generating revenue, are dispersed to local exercise decision-making powers and charge levels of the government. This is so that the locals for services rendered. The central local representatives of the government government, however, retains the right to can better control their resources in the override or overrun any decision or policy best interest of the communities and make taken by local government (or any other economic decisions accordingly. decentralised authority). The Decentralisation Act states that all The formation of seven utility companies in elected atoll, island, and city councils in 2009 in the Maldives can be regarded as an the Maldives “shall be allocated funds from example of delegation as the responsibility the state reserves for state administration, of managing electricity grids, powerhouses, provision of services and development and water and sewerage networks were projects”.111 Whilst atoll chiefs and islands conferred upon them. These seven companies chiefs in place prior to the establishment were eventually merged in 2012 into a single of councils had also received funds for company, Fenaka Corporation Limited, which administrative purposes, Decentralisation operates even today.107 Another example is Act goes further in terms of fiscal the creation of the Housing Development decentralisation, by specifically providing Corporation Ltd. (HDC), which is tasked with funds for and allowing local governments developing and managing Hulhumale – one greater discretion in spending their budget on of the largest urban and growing wards of the development projects. capital city.108 The Act also provides guidance on how this (III) DEVOLUTION can be carried out and delineates factors that must be considered when allocating funds Devolution entails the transfer of to each council; these include the population responsibilities from the central government size, and the geographical spread of islands to to local governments, which are granted account for transport costs. clear legally recognised boundaries over which they can exercise their authority and perform public functions.109 Usually these municipalities will elect their own mayors and councils and have independent authority to make investment decisions across their municipalities.

In a devolved structure more authority is exercised at the local level in terms of utilizing resources and decision-making and local governments are held to increased standards of accountability for achieving targets. Cramer states that devolution should ultimately entail the “transfer of functions or decision-making authority to legally incorporated local governments, such as states, provinces, districts and municipalities.”110

106 President’s Office and Ministry of Home Affairs. 2009. Strengthening Local Devolution is to be understood as distinct Governance in Maldives, p. 4, http://www. from deconcentration. In the latter model maldivespartnershipforum.gov.mv/pdf/ Local%20Governance.pdf local governments operate essentially as 107 Minivan News. 2012. President Waheed creates centralised utilities corporation agents of central government rather than as ‘Fenaka’, https://minivannewsarchive. instruments of local self-expression. On the com/politics/president-waheed-creates-centralised-utilities-corpora- other hand, in the devolution model the local tion-fenaka-39349 government is said to be experiencing the 108 See: https://hdc.com.mv/about/ 109 NDI. 2004. Decentralisation and Local highest form of decentralisation. Government in the Caribbean, https:// www.ndi.org/sites/default/files/decentralization-and-local-government-ca- Although the Maldives has achieved political ribbean.pdf 110 Ibid. decentralisation to some extent with the 111 Article 82.

19 20 CHAPTER 3: THE ASPIRATION FOR DECENTRALISATION IN THE MALDIVES

21 CHAPTER 3: THE ASPIRATION FOR DECENTRALISATION IN THE MALDIVES

THE BEGINNINGS IMPACT OF MULTI-SECTOR AND LIVELIHOOD DEVELOPMENT It is difficult to determine the exact point in PROJECTS IN ATOLLS time in which the extant decentralisation framework first started to take form in the Efforts for atoll development planned by country. This is because there had been the government initially revolved around several factors that incrementally laid the government-led projects to build basic groundwork. Similarly, it would be unfair to infrastructure such as schools, health centres, attribute this immense achievement to any and harbours. particular person or one group of people, although the persistent efforts of certain Prior to 1978, there were no records of a persons and institutions are noteworthy.112 public school ever being operated outside of Male’ and there was only one hospital for Furthermore, it can be argued that a de facto the entire country113 (which was tragically felt form of decentralisation had always existed when a country-wide cholera epidemic killed in the Maldives due to the wide dispersion more than 200 people and affected nearly of its numerous islands coupled with the 12,000 others in March-April 1978114). communication and transportation challenges that this entailed. In the 1980s a broad and comprehensive approach to atoll development was In the past atoll chiefs or the prior naibun introduced. Initial efforts were made in Raa exercised power delegated to them atoll in 1982 and subsequently expanded to by the central government, which is a include various other atolls. These projects form of deconcentrated administrative were funded by numerous external donors decentralisation (although the common including UNDP, USAID, IFAD and various citizen did not have a role in decision-making others, with Ministry of Atolls Development at the time). as the local implementing agency and were called Integrated Atoll Development Projects Research gathered shows that the current since they covered various sectors including Decentralisation Act that is in place was health, education, water and sanitation, as the culmination of efforts from within the well as agriculture and fishing. government, mainly from the Ministry of Atolls Development (renamed from Ministry In addition to the traditional approach of of Atolls Administration) and was part of building infrastructure, these projects also the reform movement driven by Maldivian included activities designed to boost and Democratic Party (MDP). However, these empower communities such as trainings efforts were also made successful by the and capacity development programs. After readiness and eagerness of the communities a series of Integrated Atoll Development to be involved in the development affairs of Projects were implemented in thirteen their island or atoll. atolls, another broad program called Atoll Development Sustainable Livelihood Although IDCs and ADCs were formed in Programs, which relied significantly on the the 1980s and had functioned for nearly provision of micro-loans, was introduced (see twenty years in the country, there is limited Box 2 for details of some of these projects). official research describing how they functioned, how much consultation took place between the government and within themselves, and how much engagement occurred between general communities and these committee members. Such research, if it had been pursued, may also have revealed any differences amongst atolls or islands or throughout the years relevant to the effectiveness of these committees.

In addition to political reform movements during the late 1980s and early 1990s, there were also a series of donor-led projects that 112 Many interviewees recognised the efforts have had lasting impacts on communities of former Minister of Atolls Development Mohamed Waheed Deen in pushing for even today, which is explored in more detail in decentralisation reforms, especially within later sections. the Atolls Ministry. 113 Clarence Maloney wrote in 1974 that Male’ had only one hospital, a bank, a post office, and three government offices, and that such facilities were not found anywhere else in the country. According to Ahmed Zahir, the first government funded school was opened in 1978 in Baa Atoll. 114 USAID. 1978. Disaster Case Report, http://pdf.usaid.gov/pdf_docs/ PBAAB137.pdf

22 BOX 2:

SELECTED ATOLL DEVELOPMENT PROJECTS DURING 1980 – 2000S

The success of certain development projects four southern atolls combined under a in the Maldives contributed significantly to single project known as the Southern boosting the economic growth and poverty Atoll Integrated Development Project alleviation of the target islands. Government (1996-2002). These projects were funded officials who worked on these projects from various donors, such as UNDP noted that the empowerment that directly and International Fund for Agriculture resulted from the projects contributed Development (another specialised agency to a stronger desire by communities to within the UN).118 become involved in local island planning and development affairs.115 As such, a closer look • All the above projects included at these projects is explored here: activities encompassing multiple sectors, hence the title ‘integrated’ • The first such project was the Raa Atoll atoll development. The sectors were Integrated Development Project, funded agriculture, health, education, and water by the US aid agency, USAID. The and sanitation. Interventions included project was implemented from 1982 to the construction of infrastructure such 1985, in all sixteen islands of Raa atoll. as hospitals, schools, and rainwater This was designed to be a pilot project tanks; the implementation of training in and if successful, to be replicated in vocational self-development and various other atolls of the country. The project occupational areas; conducting health 115 Interview with Salma Fikry, former staff at Ministry of Atolls Administration from included thirteen activities, ranging from related surveys; and distribution of 1999 to 2007. Also, interview with construction of hospitals, schools, and seedlings for farming.119 Mohamed Ahmed, former Atoll Chief for four atolls, from 1986 to 2007. water tanks to trainings in agriculture, 116 USAID and IHAP. 1985. IHAP Raa Atoll 116 Integrated Development Project: End teaching leadership, and micro loans. From early 2000 onwards, a different of Project Evaluation Report, http://pdf. The final evaluation report concluded approach of projects commenced. Known as usaid.gov/pdf_docs/PDAAR451.pdf 117 Ibid., p. xvi. the use of funds to be a “worthwhile the Sustainable Livelihood Programs, these 118 Community Development, http://www. shareefweb.com/index.php?option=com_ use of funds” and the “relatively greater included microcredit schemes, whereby content&view=article&id=15&Itemid=95 involvement of community members in small loans were provided at interest rates 119 UNDP. 1998. Nilandhe Integrated Atoll Development Program: A Post Project decision-making regarding island-level lower than typically offered by commercial Participatory Evaluation Report, http:// structures and attention to the use banks and on more flexible terms. Over www.shareefweb.com/documents/ DocsofProjects/Nilandhe%20IADP.pdf; of local materials and locally adapted 1500 loans were given between 2000 USAID and IHAP. 1985. IHAP Raa Atoll Integrated Development Project: End of technologies” was expected to increase and 2005. The Sustainable Livelihood Project Evaluation Report, p. vi, http:// the probability of the physical structure Programs were implemented in six atolls: pdf.usaid.gov/pdf_docs/PDAAR451.pdf; GOM, FORUT and Save The Children. of the project being maintained and Shaviyani, Noonu, Vaavu, Laamu, Kaafu, and 1986. Integrated Atoll Development expanded.117 Lhaviyani.120 Project: Mid-term tripartite Evaluation Report, http://www.shareefweb.com/ documents/DocsofProjects/Laamu%20 IADP%20Redd%20Barna.pdf; IFAD. • Consequently, Atoll Integrated 2003. Southern Atolls Development Development Projects took place in Project Completion Report, http://www. shareefweb.com/documents/DocsofProj- Laamu atoll (1983-1988), Haa Alif atoll ects/SADPinfrastructure.pdf (1984-1987), Meemu atoll (1985-1991), 120 UNDP. 2010. Assessment of Devel- opment Results: Evaluation of UNDP Shaviyani atoll (1987-1991), Thaa atoll Contribution, https://www.oecd.org/ countries/maldives/47865168.pdf; Atoll (1989-unknown), Haa Dhaalu atoll Development Funds, http://www.shareef- (1991-1995), Faafu atoll (1991-1997), web.com/documents/AboutIADprojects/ Atoll%20development%20funds.pdf; Noonu atoll (1995-unknown), and the Community Development, http://www. shareefweb.com/index.php?option=com_ content&view=article&id=15&Itemid=95

23 These projects were specifically designed 2000. Throughout President Gayoom’s to include elements that would lead to administration, the government published a community empowerment and sustainable total of seven national development plans, livelihoods. The successful implementation each spanning three or five years, outlining of these projects was a contributing factor government intended programs and plans in discussions at the highest policy level for over the respective period. The Sixth decentralised decision-making in governance National Development Plan 2001 -2005 issues, rather than just delegating authority to included strategies to decentralise planning appointed government chiefs – a topic which and implementation, but mainly through was previously ‘taboo’.121 NGOs and community-based organisations. Community-led development planning The government itself recognised that these was encouraged as were local resource projects created new relationships between mobilisation efforts. 121 Interview with Salma Fikry, former the central government and IDCs, ADCs, and Executive Director at Ministry of Atolls Development. This conclusion was also WDCs, whereby these committees became The need for legislative reform to introduce noted by UNDP in its Assessment of more actively involved in the planning and elected local bodies was mentioned in Development Results (2010), p. 22. The UNDP report notes that decentralised management of projects. Hence, a degree the Seventh National Development Plan authority of power was previously a taboo of devolution was already taking shape in 2006-2010. The eleventh goal of this topic of discussion at policy level in the Maldives. 122 practice in these committees. plan was dedicated to strengthening local 122 Ministry of Planning and National Development. 2001. Sixth National governance and public administration. The Development Plan 2001-2005. GOVERNMENT-INITIATED report highlighted the need for elected local 123 These efforts include visits to India and the Philippines in 2006 to meet with local RESEARCH AND CONSULTATIONS governments that would be accountable to councils and other relevant institutions. ON DECENTRALISATION the communities rather than to the parent See the reports from these visits: http:// www.shareefweb.com/documents/ ministries or central government. This LocalGovReforms/Studyvisitsabroad/Ker- alavisit.pdf; http://www.shareefweb.com/ In recognition of the growing success of Plan also included a strategy to establish documents/LocalGovReforms/Studyvis- the community empowerment projects and an institute called ‘Training Institute for itsabroad/PhilippinesVisit.pdf 124 Interview with Salma Fikry. The number of the growing desire to formalise community Local Governance and Development’ to islands where consultations were not held involvement in island planning and decision- train and prepare elected officials for their is either three or four. 125 Local Governance Reforms, http://www. 130 making, the government undertook focused responsibilities. shareefweb.com/index.php?option=com_ content&view=article&id=1:local-gov- efforts to develop its own capacity to ernance-reforms&catid=4:local-govern- prepare a decentralisation framework for the By then domestic and international pressure ment&Itemid=43 123 126 Interviews with Salma Fikry. Husnu country. for political reforms directed against the Al Suood, who was later hired by the government in the late 1990s and early 2000s government to draft the Decentralisation Act that was eventually submitted to the Between December 2005 and February had prompted President Gayoom to announce Parliament, also confirmed that he was given an initial draft of the act by MOAD. 2006, a team from the Ministry of Atolls a program of democratic reforms, which was 127 Interview with Shareef Nafees. Development (MOAD) visited all inhabited later released officially on 27 March 2006 128 Interview with Salma Fikry. 131 129 Interview with Husnu Al Suood, who islands of the country to hold community as a ‘Roadmap for the Reform Agenda’. was also a Member of Parliament for consultations regarding the establishment This reform agenda included time-bound the Special Majlis assembled to draft the 2008 Constitution. of elected atoll and island councils. This institution-specific reforms, which also 130 Ministry of Planning and National Development. 2006. Seventh National was successfully held in all islands except a included goals for decentralisation. Development Plan 2006-2010, p. 197. few where the community did not allow the 131 The President’s Office. 2006. Roadmap 124 TABLE 1 : for the Reform Agenda: Ushering in consultations to be held. a Modern Democracy, http://www. EXTRACT FROM THE ROADMAP maldivespartnershipforum.gov.mv/doc/ Roadmap_for_the_Democratic_Re- In 2006, a national seminar was held in which FOR THE REFORM AGENDA form_Agenda.pdf more than 80 people participated from government offices, atoll and island offices, ACTION 6: STRENGTHENING ATOLL AND ISLAND ADMINISTRATION NGOs, and political parties.125 That same PROPOSED year, the team within MOAD incorporated CURRENT CONCERNED GOAL COMPLETION the recommendations from this seminar into STATUS AUTHORITY DATE the first draft of the decentralisation bill.126 The MOAD team also drafted a regulation on Strengthening 1. Tabling the Bill 31 January 2017 Attorney electoral procedures of the proposed councils and on Decentralised General’s Office in association with the then Commissioner decentralising Administration of of Elections. Furthermore, the team met atoll and island Atolls and Islands Maldives Law with various stakeholders (parliamentarians, administration before the Majlis Commission ministries, and atoll chiefs) separately.127 2. Electing Island Ministry of Atolls During this period, MOAD also contributed Councils Development to the chapter on decentralisation to be incorporated into the new Constitution, 3. Electing Atoll People’s Majlis which was being debated at the time in the Councils Special Majlis.128 However, the ministry’s draft was significantly rewritten for the final version of the constitutional chapter on decentralised The roadmap also included modernising the administration.129 electoral system by establishing an Electoral Commission (before 31 December 2007), CAUTIOUS PLEDGES and developing the regulatory framework to enable the formulation political parties Decentralisation also started to make a (before 1 June 2006) – all of which were slow presence in the government’s broad linked to a functioning decentralised system strategic planning documents after the year to take effect.

24 The new Constitution was ratified in which parliamentary debates took place August 2008 with chapter 8 dedicated to between political parties. decentralisation. Local island and atoll leaders were to be elected for the first time in the As stressed, the debates within the Maldives’ recorded history. Furthermore, parliament regarding the decentralisation bill Article 298 of the Constitution stated that the were difficult and lengthy. Some interviewees first local council election must be held by 1 were of the view that the arguments made by July 2009. the opposition members were to deliberately obstruct the government’s decentralisation These targets were not met by the stated plan and the policies surrounding it.142 While deadlines. there were various points of contention between the ruling party (MDP) and the DELIVERING ON PLEDGES: THE opposition (DRP), the main dividing line was DECENTRALISATION LAW their respective stance on the matter of provinces.143 UNDP notes that the during the 2000s the government conducted extensive The bill submitted by MDP proposed to consultations on decentralisation, but the include elected councils to a new tier of local speed of progress remained slow.132 This government: provinces. These were to be criticism was echoed by various observers composed of groups of atolls. The reasoning who lamented the incremental pace of put forward by MDP was that provincial- realizing the Roadman for the Reform Agenda, level atoll councils, in which several atolls 132 UNDP. 2010. Assessment of Devel- as described below. would be grouped together under provincial opment Results: Evaluation of UNDP councils, would increase efficiency in terms of Contribution, p. 40, https://www.oecd. org/countries/maldives/47865168.pdf The decentralisation bill was submitted to resource utilisation since the main purpose of 133 The bill was drafted by Husnu Al Suood, who was initially commissioned privately the parliament on 23 March 2009 to the these councils would be mainly to coordinate for the work. However, while the bill was Sixteenth Parliament.133 The term of the the work of island councils. The bulk of the being debated in the parliament, he was appointed as the Attorney General by Sixteenth Parliament lapsed before the bill development planning and implementation President Nasheed in June 2009, and was passed, and as per parliament procedures would be borne by the island councils.144 served in this position until August 2010. 134 Dates given by Majlis secretariat by the bill was resubmitted to the Seventeenth email correspondence with Transparency Maldives on 14 November 2017. Parliament on 17 June 2009. After some Furthermore, members of parliament from 135 Minivan News. 2010. Decentralisation debate, the government withdrew the bill MDP argued during committee meetings that bill passed as MDP MPs walk out, https:// minivannewsarchive.com/politics/ and resubmitted a revised version on 3 March the governance of the country on a provincial decentralisation-bill-passed-as-mdp-mps- 134 walk-out-6444 2010. The Decentralisation Act was finally system was included in the MDP manifesto, 136 See: http://www.mvlaw.gov.mv/ passed on 28 April 2010,135 and was ratified and that it was incumbent on the elected ganoonAll.php 145 137 Interview with Aiman Rasheed. Also noted by President Nasheed on 17 May 2010. government to deliver upon this pledge. by UNDP in Assessment of Development Results: Evaluation of UNDP Contribution (2010), p. 40, and in a country evaluation While the decentralisation bill was in the However, DRP’s rebuttal was that the report carried out for the European Commission, Evaluation of the European process of debate in the parliament for more administrative regions of the Maldives Commission’s Co-operation with Maldives than a year, it is important to acknowledge were already defined by the Constitution in (2010), p. 73. 138 The party was formed in 2005 by former that there was a huge amount of work being its Annex 2, and that the decentralisation President Maumoon Abdul Gayoom. done at this time in the parliament, following framework should follow these exact twenty 139 Composition right after the 2009 parliamentary election was 28 seats for the promulgation of the new Constitution, administrative regions. Both DRP and the DRP, 25 for MDP, 13 Independent, 7 PA, 2 DQP, and 1 JP. See: Transparency posing challenges to meeting strict deadlines. Attorney General at the time maintained that Maldives. 2009. Domestic Observation For example, during 2010, twenty-five new forming provinces were not in strict harmony of the 2009 Maldivian Parliamentary Elections, p. 29, http://transparency.mv/ laws or amendments were passed while with the administrative divisions as laid out in files/download/b56ff34b94e9c41983be- the number for 2009 and 2008 had been the constitution.146 8c3ac21b6a3f.pdf 136 140 Transparency Maldives. 2010. Parliament 13 and 15 respectively. Various new Watch: Evaluation of the Parliament of the Maldives, p. 12, http://transparency. independent institutions and statutory bodies In addition to this core dividing rift, there mv/wp-content/uploads/2013/09/par- were formed, and each required a specific were various other discussion points liament_watch1.pdf 147 141 ICJ. 2011. Maldives: Securing an legislation. In the midst of this hectic work regarding the bill. For instance, a clause was Independent Judiciary in a Time of pace, several constitutional deadlines were included in the initial draft that allowed an Transition, p. 13, http://www2.ohchr.org/ 137 148 english/bodies/hrc/docs/ngo/ICJ_Mal- not met, including parliamentary election. atoll to lease land from other atolls. These dives_HRC102.pdf 142 Interviews with Ibrahim Waheed and and other clauses were amended on the floor. Member of Parliament Mohamed Aslam. Partisan wrangling added to the above 143 Mentioned in separate interviews with Husnu Al Suood, Aiman Rasheed, Salma difficulties in drafting the decentralisation bill. In the final Act that was passed, atoll councils Fikry, and Naish Ahmed, Acting Editor at At the time the majority of the parliament would be formed in accordance with the list Maldivian Independent. Also noted in a country evaluation report carried out for was comprised of opposition party members, of twenty-one administrative regions in the the European Commission, Evaluation of the European Commission’s Co-operation mainly from Dhivehi Rayyithunge Party constitution; no mention was made of the with Maldives (2010), p. 75. (DRP).138 139 During this period President provincial councils. 144 Interview with Husnu Al Suood. 145 Minivan News. 2010. “Hell will come” to Nasheed consistently raised concerns that the Parliament over provinces section: MP parliament was obstructing the government’s MDP party members walked out of the Mohamed Nasheed, https://minivan- 140 newsarchive.com/politics/hell-will-come- duties. To protest this, on 29 June 2010, parliament on the day the bill was voted on. to-parliament-over-provinces-section-mp- mohamed-nasheed-5741 the President announced the resignation of President Nasheed himself publicly expressed 146 Interviews with former Attorney General his entire cabinet of thirteen ministers. On his dissatisfaction with the bill but ratified the Abdulla Muizzu and Husnu Al Suood. 147 Interviews with Abdulla Muizzu. 30 June the leaders of two political parties, Act on the basis that it was not in the public 148 Minivan News. 2010. Decentralisation Jumhooree Party (JP) and People’s Alliance interest to delay the bill any further, in light of bill passed as MDP MPs walk out, https:// minivannewsarchive.com/politics/ (PA), were arrested on bribery charges that the constitutional deadline for delivering decentralisation-bill-passed-as-mdp-mps- 149 walk-out-6444 and detained for thirteen days until the a Decentralisation Act had already passed. 149 Ibid.; See also: http://www.unpan.org/ Supreme Court ordered their release.141 These PublicAdministrationNews/tabid/115/ mctl/ArticleView/ModuleID/1467/arti- incidences highlight the tensions amidst By then the public expectations for cleId/21687/Default.aspx

25 decentralised governance, with an elected frustration within communities on the limited local island and atoll council, were growing. role of communities in selecting their local Some studies conducted in the mid-2000s, leaders (see Box 3). four or five years prior to the passage of the Act, had already reported on growing

BOX 3:

PUBLIC DESIRE FOR DECENTRALISATION: A SUMMARY OF SELECTED RESEARCH FROM 2000s

Some independent reviews conducted in the constituents after they had been elected. 2000s concluded that communities were He reported that the people wanted eager to have more say in development parliamentarians to act as their advocate affairs, and in the selection of island and to the government to raise their issues. atoll chiefs. He also reported that it was generally felt that the local island and atoll chiefs should A report150 published by the Human be elected and made answerable to the Rights Commission in 2006 analysed the communities they worked in, instead of attitudes and knowledge of Maldivians being appointed.151 about their rights, including democratic rights. The survey was conducted within a sample of 1,205 households from selected islands across the country, which was then augmented by focus group discussions. The survey found that nearly 90 per cent of the population believed that atoll chiefs and island chiefs should be elected locally.

Some other reports which were prepared at the request of Gayoom’s administration, to facilitate the government’s requests for technical assistance to move ahead with their stated intentions of democratic reforms, reiterated the Maldivian communities’ readiness for decentralised local governance.

Similar findings are concluded in a report prepared by a Commonwealth electoral advisor who visited two atolls (consisting of five islands in total) towards the end of 2004. His main task was to prepare a brief on the shortcomings of the electoral process

at the time. However, he also spoke with 150 Human Rights Commission of the community members during these visits Maldives. 2006. The “Rights” Side of Life, http://www.hrcm.org.mv/publications/ot- and noted that the majority of the people herdocuments/TheRightsSideOfLife.pdf he spoke with were critical of members 151 Turner, J. 2004. Report following a review of the Maldives’ electoral laws, regulations of parliament because they did not visit and other related legislation, procedures and administrative mechanisms, p. 9, www.mvlaw.gov.mv/pdf/publications/3. pdf

26 27 28 CHAPTER 4: LEGAL FRAMEWORK

29 CHAPTER 4: LEGAL FRAMEWORK

The legal framework for decentralisation in Another critique raised was the high number the Maldives is guided by Chapter 8 of the of councillors in total and the additional 2008 Constitution, and the Decentralisation burden on the government for salaries and of the Administration Divisions of the allowances. The Decentralisation Act created Maldives Act (7/2010). Procedures for local nearly 1,000 new political new posts in the council elections are detailed in the Local country, and the International Monetary Councils Elections Act (10/2010). Fund (IMF) also highlighted that this was a considerable additional expenditure burden The legislative framework also includes any on the government. The IMF forecasted an regulations under these acts. In addition, increase of 1 per cent of GDP for only the locally elected councillors are required to employment related expenses due to the abide by any other instructions issued by the Act, explaining that these posts would have a LGA or other state institutions (such as the salary higher than the average civil servant.154 Ministry of Finance and Treasury), that are MDP had proposed 220 councillors in total in not in contravention of the above laws or their draft legislation.155 regulations. Qualifications of a city councillor, island 4.1 councillor, and atoll councillor are the same THE CONSTITUTION and none of these include any necessary education or experience prerequisites. There The Constitution contains six articles on is no limit on the number of terms that a decentralisation. Article 230(a) states that single person can serve as a councillor. administrative regions of the country must The Law also included a definitive role for be administered in a decentralised manner. Women’s Development Committees and for Article 231(c) states that the term of the the first time gave these committees a legal council is for a maximum duration of three status. Box 4 examines in depth the role of years and that councils must be given powers Women’s Development Committees and to own property and incur liabilities. some of their experiences over the past years. The Constitution also states that local councillors must be elected by a secret ballot (Article 231(a)), and that the president and vice president of councils must be elected from among the members of each council by a secret ballot (Article 231(b)). Article 234 states that the central government must allocate funds to local councils to facilitate fiscal decentralisation.

4.2 DECENTRALISATION OF THE ADMINISTRATION DIVISIONS OF THE MALDIVES ACT 7/2010

The Decentralisation Act consists of fourteen chapters. A brief description of these chapters is given below (excluding amendments): As stated in the previous section, the debates of the bill in the parliament were disruptive, with pro-government members walking out just before the final vote. President Nasheed, nevertheless, ratified the bill on 18 May 152 Minivan News. 2010. President ratifies 2010, within the month of its passage by the Decentralisation Act, https://minivannewsarchive.com/politics/president-rati- parliament, stating that it had already been fies-decentralisation-act-7208 long delayed. 153 Fuvahmulah had eight wards. Each ward was considered an island. Therefore, each ward or ‘island’ had a three-member council. Since Fuvahmulah is also a The President’s Office also immediately separate atoll, it also had a six-member released a statement which included issues atoll council, thus resulting in a total of 30 elected councillors. According to the of concern regarding the Decentralisation current Mayor of Fuvahmulah, this large Act, highlighted by the then Attorney local municipal framework for the island was actually an amendment proposed General.152 Among the issues raised was by an MP for the island, when the bill was discussed in the parliament. In 2017 the disproportionate numbers of council Fuvahmulah was categorised as a city and members with respect to population. For now has only three councillors in total. 154 International Monetary Fund. 2011. instance, Male’ with a registered population Article IV Consultation: Staff report, p. 9, of 125,000 had eleven members whilst Addu https://www.imf.org/en/Publications/CR/ Issues/2016/12/31/Maldives-2010-Ar- with a population of 29,000 had twelve ticle-IV-Consultation-Staff-Re- port-Staff-Statement-and-Supple- members. On the other hand, Fuvahmulah ment-Public-25261 with a population of 9,000 had thirty council 155 Minivan News. 2010. Decentralisation 153 bill passed as MDP MPs walk out, https:// members in total. minivannewsarchive.com/politics/ decentralisation-bill-passed-as-mdp-mps- walk-out-6444

30 TABLE 2 : SUMMARY OF DECENTRALISATION ACT 7/2010

NAME OF CHAPTER MAIN POINTS

1. General Articles This introductory chapter provides the name and objectives of the Act.

These objectives include allowing the island communities to make their own decisions in a democratic and accountable manner; to improve people’s living standards through social, economic, and cultural development; to empower the people; to bring public services closer to the people; and to create an environment conducive for peace and prosperity.

2. Administrative The articles in this chapter outline the president’s powers to form city councils, atoll councils, and Divisions of the Maldives island councils. These divisions are in accord with the administrative regions specified in Annex 2 of the Constitution.

The articles also outline the reporting structure and hierarchy of these councils: they instruct that island councils should report to their respective atoll council, and that atoll councils should report to the Local Government Authority. Furthermore, all local councils are ultimately accountable to their constituencies. 3. Atoll Council The articles in this chapter stipulate that an atoll council must be formed for each of the twenty administrative regions specified in Chapter 2, and that these councils are independent legal entities.

The powers and responsibilities of atoll councils are listed. These include: monitoring and coordinating the work of island councils; carrying out development activities within the atolls; and financing these activities by taking out loans or generating revenue by various means.

The number of councillors per atoll is to be dependent on the number of electoral constituencies within the designated administrative division (the same system that is used for the parliament).

If there are two constituencies within an administrative division, then three members are elected from each (so that cumulatively six members will serve on the atoll council); if there are more than two constituencies, then two members are elected from each constituency.

The Act also states the prerequisites for an atoll councillor and further specifies the attributes which would disqualify someone as a candidate (which includes bribery charges and other certain criminal charges). The length of term of an atoll council member, as well as for city and island council members, is three years. 4. Island Council This chapter states that island councils must be established in every inhabited island that is not designated as a city and gives each island council the status of a separate legal entity. The act delineates twenty-four distinct powers and responsibilities to be conferred to island councils. These include broad development responsibilities such as to implementing development projects, acquiring land reefs and lagoons in accordance with the Land Act (for leasing or investment purposes), and maintaining a safe and peaceful environment in the island in collaboration with the police.

Similarly, services to be provided by the island council are also listed. These include: building and maintenance of roads; disposal of waste; maintenance of jetties and operation of ferry terminals; alleviating any land erosion problems; maintaining public utilities such as water, sewerage, and electricity; providing primary health care; maintaining sports fields and playgrounds; protecting victims of domestic violence; maintaining a land registry; and maintaining mosques and cemeteries.

The composition of the island council is to be dependent on the population of the island: five members if the population is less than 3,000; seven members if the population is between 3,000 and 10,000; and nine members if the population is above 10,000.

Under this chapter, Women’s Development Committees (WDCs) are also given legal status for the first time with their powers and responsibilities defined (see Box 4 for more information on WDCs). 5. City Council This chapter gives the president the power to give city status to any island or area that meets the prerequisites (which are determined by the LGA and include considerations such as population size). The city council elected to these areas are to have independent legal status. The power and responsibilities of city councils and the services they provide are defined in this chapter and are similar to that of island councils. But unlike island councils, city councils have wider discretion to raise funds through financial securities and trading activities.

(Note: The powers, responsibilities, and services of city councils were later amended; see Chapter 3.)

31 NAME OF CHAPTER MAIN POINTS

6. Local Government The Act gave powers to the president to create a Local Government Authority (LGA) to monitor Authority and coordinate the work of local councils.

The responsibilities of the LGA, as defined in the Act, include formulating all necessary regulations, identifying training needs, and organising such trainings.

The LGA also has broader powers, such as determining the area of jurisdiction of every city, atoll, and island council and to publish these areas within the first year.

The composition of the LGA is a mix of appointees by the president, parliament, and representatives from amongst the councils themselves. (Note: Changes were brought later to the composition of LGA. These changes are discussed further in Chapter 3.)

The LGA is granted the power to review and assess situations where councils fail to perform their duties and responsibilities in a satisfactory manner, as per the Act. Furthermore, in specific situations the LGA may file cases to the High Court for the dissolution of elected councils. 7. Relationship between This chapter describes how state institutions must involve local councils in national planning and national authorities and development activities. councils Councils have a right to be involved in discussions prior to launching projects. Atoll councils must review any Environmental Impact Assessments (EIAs) that are required for a project.

National authorities must provide their services in all administrative divisions. They can do this by establishing an office in the area (deconcentration) through an agreement between the national authority and relevant council, or by facilitating the ability of atoll council to provide services directly.

In addition to any predetermined arrangements, the central government is also obliged to provide extra assistance to councils in time of disasters, emergencies, or epidemics. 8. Business ventures of Councils are encouraged to increase the participation and role of NGOs and the private sector in the councils development efforts and are mandated to share this information with the public if their share of investment exceeds one-third of the total estimated income. National laws regarding procurement are applicable and transparency is encouraged in these collaborations. 9. Acquiring fees, rents, Councils have a right to charge fees for the services they provide. These services include the income and loans provision of electricity, water and sewerage; communication; waste collection and disposal; vehicle/vessel registration and operation; retail permits to operate businesses; diving permits; and lease of land and reef under the jurisdiction of council administration.

The government is also obliged to provide a portion of the state budget to local councils. The factors (such a population, number of inhabited islands, etc.) to be considered in calculating specific allocations are listed in the Act. (Note: See Chapter 3 for further information on the fiscal formula that LGA has developed for budget apportioning.)

Councils may seek loans from banks, international financial institutions, or other councils. They can also enter into contracts with private parties. In all of these instances the LGA must be informed. 10. Management of This chapter states how financial statements of councils are to be maintained, reported and how Accounts of the Councils budgeting statements are to be carried out.

All laws regarding public finance and assets are applicable to councils (in practical terms this chiefly encompasses the Fiscal Responsibility Act, and the Public Finance Act and its regulations). The chapter also explains the contents of the annual budget statement that must be prepared by each council.

The Act also states that the government must consider the development plans of the councils in preparing the National Development Plan and the annual government budget. 11. Submission of plans, This chapter lists the plans and reports that must be prepared by the councils and specifies to reports and provision of which authorities and by when these documents are to be submitted. information Councils are obligated to submit a detailed activity report for the first six months, a detailed activity report for the previous year, a work plan and budget, an audit report, and a five-year development plan.

Two public meetings are to be held annually, one in February and one in July, where the reports, plans and budgets are to be shared with the community.

32 NAME OF CHAPTER MAIN POINTS

12. General Rules on the This chapter outlines how council meetings are convened and conducted. All decisions, Administration of Councils resolutions, and orders of councils must be publicly disclosed. This chapter also contains articles and Council offices on how council members can relinquish their membership (as a council member).

The president or vice president of a council can be dismissed from their post by a vote taken from within the council, and still retain membership.

A conflict of interest clause is included in the Act, which states that a councillor cannot be present in a meeting where they have a vested interest in the issue being discussed or if the issue involves their spouses or children.

The central government is obliged to provide all councillors with an office, which must be staffed by employees who are members of the civil service and who are thus appointed by the Civil Service Commission, though in consultation with the councillors. (Note: This arrangement has created difficulties in practicality, which is explored further in Chapter 3.) 13. Miscellaneous This chapter pertains to other issues of island and atoll development. This includes community relocation, which was a policy being pursued by the government at the time when the Act was being drafted.

The Act provides that community relocation can occur contingent on the consent of the majority of the population of that island.

Another issue at the time was the division of communities within the same island, with some communities functioning separately even though they were geographically one island. The Act declares that any island that had been previously administered as separate communities but is naturally one island would hereafter have one island council. (Note: This particular article would later be removed in an amendment, see Chapter 3.)

The Act also provides the LGA discretion to determine the minimum population that an island must have to be designated as inhabited. The president has the final authority to declare any island or newly reclaimed land as inhabited or uninhabited. This chapter also sets a deadline for elections, which was 150 days from enactment. (Note: Even though the deadline was 13 October 2010, the election was eventually held on 5 February 2011. Local Council Elections Act was passed on 29 July 2010.) Schedule 1 This section contains the oath to be taken by council members. Schedule 2 This section contains the standards and prerequisites required to be declared as a city. These are as follows:

1. The population must not be less than 25,000. 2. Services required by the LGA must be available in the area. 3. Gross productivity must exceed the amount published by LGA.

33 BOX 4:

WOMEN’S DEVELOPMENT COMMITTEES

The passage of the Decentralisation Act laid their mandate.’’160 The report also noted out a more participatory role for Women’s that a few WDCs had nevertheless started Development Committees (WDCS) in entrepreneurial activities successfully and the governance of development affairs of were contributing to their communities. islands, compared to the previous IWDCs. The report’s recommendations included The Act stipulates that a WDC should be for WDC elections to be conducted by established in each island, operating under the Elections Commission, to give it more either an island council (Article 35) or a city importance, and for active WDCs to visit council (Article 57). WDC members are islands where WDCs were lagging to mentor elected by the women of the community,156 and assist the dormant WDCs.161 and the term of a committee member is three years.157 As mandated by the Decentralisation Act, the LGA monitors local councils’ The Act states that these committees performance and adherence to law, which must advise the island or city councils on includes monitoring which islands have development affairs of the island or city. set up WDCs. In 2015, LGA introduced The council must also grant a monthly a framework to monitor councils using meeting with the WDC. Article 5 of WDC thirty-four measurable indicators, one of Regulations, 2012/R-14,158 states that the which was how many councils had formed activities developed by the WDC must be WDCs.162 included in the island development plan and annual island development budget. A 2014 report by Transparency Maldives noted that there were 61 WDCs registered The first WDC election under the with LGA at the time and that most WDCs Decentralisation Act was held in November were quite active, with 70 per cent of the 2012 and took place in 102 islands only. In WDCs interviewed having weekly meetings. forty-four islands there were no candidates Most WDCs noted receiving support from competing. In some islands, candidates island councils, but this was mainly limited were elected by default if they were the to administrative support (such as provision sole contestants. For instance, in Male’ the of office space or use of office computers, 156 Article 35, Decentralisation Act. 157 Article 37, Decentralisation Act. candidates for the six seats were elected by fax machines, or phones). Fifty-five per cent 158 Article 5, WDC Regulations. default as only one candidate contested for of WDCs reported not being consulted in 159 Minivan News. 2012. Women’s development committees elected amid low all six seats. Voter turnout was also low.159 matters related to island development,163 turnout, https://minivannewsarchive. com/news-in-brief/womens-develop- Unlike elections for the local councils, the which is in violation of the Decentralisation ment-committees-elected-amid-low-turnout-47060 elections for WDCs are carried out by the Act. 160 IFES. 2014. Women’s Empowerment in LGA. Political Processes in the Maldives, p. 20, https://www.ifes.org/sites/default/files/ WDC members expressed a lack of ifes_womens_empowerment_in_politi- cal_processes_final_0.pdf A review of these committees published confidence in their own knowledge of the 161 Ibid. 162 Published data gives combined results for in 2014 reported that women in WDCs Decentralisation Act, although they felt that all 35 indicators only. “were not fully aware of their mandate they possessed enough knowledge about 163 Transparency Maldives. 2015. Assessment of Women’s Develop- and lacked the power and budget to fulfil their own mandate. ment Committees in the Maldives, p. 12, http://transparency.mv/files/ media/9cf640937386789db4c8b82b- 78bad815.pdf

34 The report also included some recommendations that were put forward by WDC members themselves, specifically that: (a) Men should be able to vote for the WDC election to ensure inclusivity (suggested by 89 per cent of participants of the study), (b) WDCs should be provided training and capacity building avenues on skills such as proposal writing, budgeting, fundraising, and community mobilisation, (c) Island councils must increase consultation with WDCs.

Both studies highlight the gap in the current system, with no specific institution devoted to enhancing the capacity of WDCs.

Since the enactment of the Decentralisation Act, at least two amendments have been proposed regarding WDCs. In 2013, an opposition member submitted an amendment to include the chair of WDCs in island councils. In 2014, the government submitted a proposal to abolish WDCs and form Women’s Development Advisory Committees in their stead.164

164 Minivan News. 2014. Government proposes abolishing women’s development committees, https://minivannewsarchive. com/politics/government-proposes-abolishing-women%E2%80%99s-development-committees-81252

35 4.3 boards and created two islands councils in LOCAL COUNCIL ELECTIONS ACT such situations.

In addition to the Decentralisation Act, the The second amendment to the Local Councils Elections Act, which was Decentralisation Act was the inclusion of ratified on 29 July 2010, is also an important Article 119, which stated that councillors who piece of legislation in the decentralisation were elected on a party ticket will lose their framework. position as a councillor if they were either removed from the political party or resigned President Nasheed refused to ratify the first from the party. This was ratified on 17 bill on the Local Council Elections Act that January 2011. However, this was contested was approved by the parliament.165 The main in 2012 claiming this was in conflict with the reason he refused was the law stated that constitutional rights of all Maldivians (aged only those who were living in their island above eighteen years) to run for public office could vote in local elections, and remote or be a member of any political party of their voting was not an option initially.166 The bill choosing.169 In December 2012, the Supreme was again debated in the parliament and this Court revoked the newly added Article 119 of particular article was subsequently amended. the Decentralisation Act, allowing councillors Key articles of the Local Councils Elections to change party membership.170 Act include: The third amendment was put forward in • Article 4(a) and (b): Elections Commissions June 2015 and relates to the powers of must make arrangements for all Maldivians city councils. This bill proposed that public in the country and those living abroad to services provided by a city council to the take part in the local council elections. community will be determined by the • Article 8: The population registered at a president. The amendment was submitted to particular administrative region as of 31 the parliament on 4 June 2015,171 approved by December 2009 is to be used as the chief the parliament and subsequently gazetted the factor into designating city status and next day.172 The amended article now states determining the number of councillors in that any public service that the president the first local council election. deemed that the city council shall not provide • Article 9(a): Elections Commission must will be transferred to the relevant ministry. announce a call for candidates for the first This amendment was issued after a year of local council election within forty-five separate instructions from the government days of enactment of the Local Council to Male’ city council on separate issues, Elections Act.167 which removed Male’ city council’s powers • Article 11: Elections must be held gradually.173 165 Minivan News. 2010. President ratifies within twenty-eight days of the call Decentralisation Act, https://minivannewsarchive.com/politics/president-rati- for candidates made by the Elections The President then issued a decree on 23 July fies-decentralisation-act-7208 Commission. 2015, which listed the revised powers and 166 As an indication of the scale of this particular point, during the Population • Article 15(b): Each candidate must submit responsibility of city councils (see Table 9 and and Housing Census conducted in 2006, a deposit of MVR 1,500.168 10). This effectively reduced the mandate of 33% of Maldivians reported that they had migrated to another island at least once • Article 15(c): An independent candidate the two established city councils, Addu and in their lives (http://statisticsmaldives.gov. mv/nbs/wp-content/uploads/2006/12/ can only participate with signatures of at Male’ city councils, considerably. analysiscd/#, p. 46). Also, in the 2008 least fifty people from their constituency. Presidential Election, Elections Commis- sion invited eligible voters to re-register • Article 19: Official results must be The decision by the government to reduce if they will vote in a location other than announced within fourteen days. the powers of city councils was criticised as their place of permanent registry. For that election, twenty-five thousand a targeted move against the main opposition voters re-registered to vote in Male’, from the total 208,252 registered voters 4.4 party, MDP, who had always won majority (http://transparency.mv/wp-content/ AMENDMENTS TO THE seats in both city councils.174 The decision was uploads/2013/12/Presidential-Parlia- mentary-Local-Council-election-reports. DECENTRALISATION ACT also criticised for leaving little authority and pdf, p. 81). decision-making power in the hands of these 167 The election was announced on 1 November 2010. 175 Since passage of the Decentralisation Act, elected bodies. 168 The deposit for a candidate in parliamentary election is MVR 5,000 (Article 10b, a total of seven amendments have been Parliamentary Elections Act 2/2009), and ratified, and many more amendments have In September 2016, Fuvahmulah in Gnaviyani for a candidate in Presidential Election 176 is MVR 40,000 (Article 9, Presidential been proposed. Two amendments were atoll was designated a city. The powers of Elections Act). passed in 2010, four amendments in 2015 Fuvahmulah City Council were also officially 169 Articles 26(c) and 30(a) of the 2008 Constitution. and one amendment in 2017. announced by the President on 28 May 2017, 170 Supreme Court Ruling 2012/SC-C/13, 4 December 2012. which were in effect identical to the now 171 Minivan News. 2015. PPM MP proposes The first amendment to the Decentralisation severely curtailed roles of Addu and Male’ removing Male’ city council’s powers, 177 https://minivannewsarchive.com/politics/ Act was passed on 9 September 2010, only city councils. ppm-mp-proposes-removing-male-city- four months after the passage of the Act. councils-powers-99159 172 Law 15/2015, third amendment to the This amendment removed Article 136(b) from It is interesting that this amendment only Decentralisation Act. 173 Interview with Shamau Shareef, Deputy the Act, which stated that inhabited islands specified that the president will determine the Mayor of Male’ City Council. that are geographically a single island, but responsibilities of the city councils. The public 174 Interview with Naish Ahmed. 175 Interview with Ahmed Shukree. had been historically administered as two services of atoll and island councils were 176 Maldives Independent. 2016. different islands will (after passage of the Act) not discussed and remain to be determined Fuvahmulah declared Maldives’ third city, http://maldivesindependent.com/ have one island council for the entire island, by the discretion of parliament. As the law politics/fuvahmulah-declared-maldives-third-city-126687 and furthermore will have ward boards under now reads, the mandate of city councils can 177 Maldives Independent. 2017. President the island council. The amendment removed now be changed at any time by presidential restricts powers of Fuvahmulah city council, https://maldivesindependent.com/ this article, effectively removing these ward decree, posing difficulties for cities in terms of politics/president-restricts-powers-of-fuvahmulah-city-council-130868

36 development planning as they operate under regarding island council by-elections was the risk of their mandate being frequently passed on 29 July 2015. On that same day, changed. the Elections Commission issued a news release and cancelled the by-elections In October 2015, the salaries of Male’ and planned for 1 August 2015 for HA. Dhidhoo, Addu city council members were reduced by HDh. Naavaidhoo, and N. Henbadhoo.183 more than 50 per cent.178 The total income for Such last-minute amendments can be mayors (salary and living expenses included) disheartening for those who wish to take part was reduced by 60 per cent, while deputy in local government affairs or community mayors had their salaries cut by 55 per cent. development. In this particular instance, The remaining council members saw a decline candidates lost time, effort, and money of 47 per cent. campaigning for the posts.

During the parliamentary debate, pro- The sixth amendment to the Act was brought government parliamentarians said that about in December 2015 and entailed several most municipal services of city councils changes. One was to reduce the number have now been transferred to government of councillors per council. Islands with a ministries, leaving these councils with fewer population of less than 3,000 would have responsibilities than before. three members rather than the previous composition of five members. Islands with FIGURE 1 : SALARIES AND ALLOWANCES FOR CITY a population of more than 3,000 saw a COUNCILLORS, AS REVISED IN OCTOBER 2015 reduction in the number from seven to five. Atoll councils are based on the parliamentary Previous salary for mayor constituency, and this was reduced from two Revised salary for mayor members per constituency to one. And if Previous living allowance for mayor Revised living allowance for mayor the entire atoll had only two parliamentary Previous salary for deputy mayor constituencies, then they are to have three Revised salary for deputy mayor atoll councillors. In addition, the minimum Previous living allowance for deputy mayor threshold for an island or area to be Revised living allowance for deputy mayor considered as a city was reduced from 25,000 Previous salary for city councillors Revised salary for city councillors to 10,000. Previous living allowance for city councillors Revised living allowance for city councillors Following this amendment, a presidential Maximum salary for atoll councillors decree was issued on 22 September 2016 Maximum salary for island councillors declaring Fuvahmulah as a city.184 The amendment to lowering the threshold for the SOURCES: 0 population of a city was primarily brought to

Local Government 5000 185 10000 15000 2 0000 2 5000 3 0000 3 5000 include Fuvahmulah as a city, in efforts to Authority, 6 October reduce the overall number of councillors in 2015 the country as part of government’s austerity Maldives Independent, The fourth and fifth amendments to the measures. Under the previous categorisation, Parliament approves Decentralisation Act were passed three Fuvahmulah had thirty councillors (three pay cuts for city weeks apart in July 2015 and were to do island councillors for each of its eight wards councillors, 12 with holding by-elections for vacant posts and six councillors for the atoll council). October 2015 of council members during the middle of the term. In the initial Decentralisation Act, if a After being declared as a city, the number of council member’s position is vacant for any councillors for this single island was reduced reason, then a new member must be elected to three.186 within forty-five days, and the new member is eligible to remain until the end of the ongoing The overall impact of the sixth amendment term.179 The amendments added clauses that was a reduction in the total number of such by-elections would only be held in the councillors from 1,095 to 653.187 178 Fuvahmulah was not yet decreed as a city at this point in time. first year of the council’s term, unless it was a 179 Article 16. situation where a new member needed to be The island of HDh. Kulhuduffushi with a 180 Interview with MP Ali Hussain. 181 Voting was not required for other elec- elected to fulfil quorums for council meetings. registered population of 9,366 in December tions if there was only one candidate or if 2014188 is likely to be eligible for city status the situation in the amendment applied. The fourth amendment referred to atoll 182 Maldives Independent. 2015. Council council elections, and the fifth amendment soon, which will create a new scenario where by-elections cancelled after president a city council office and an atoll council office ratifies changes to decentralisation law, referred to island council elections. http://maldivesindependent.com/politics/ may operate on the same island for the first council-by-elections-cancelled-after-president-ratifies-changes-to-decentralisa- The rationale for these amendments was time. tion-law-115948 183 Ibid. the high-cost of holding elections and hence 184 In accordance with powers vested with to save state resources.180 According to the The seventh amendment brought about the President. changes to the Local Government Authority 185 Registered population of Fuvahmulah Election Commission’s 2015 annual report, as at 31 December 2014 was 12,012 there were eighteen by-elections for that Board. The number of board members (National Bureau of Statistics, Statistical Yearbook of Maldives 2017). year alone, for which six required voting to was reduced from nine to four and the 186 Maldives Independent. 2016. 181 representatives selected from amongst the Fuvahmulah declared Maldives’ third be held. By-elections reportedly costs city, http://maldivesindependent.com/ between MVR 50,000 and MVR 60,000 councillors on the Board were removed. (The politics/fuvahmulah-declared-mal- 182 changes to the composition of the LGA board dives-third-city-126687 every time. 187 Maldives Independent. 2016. Council is explored in more detail in Section 5.1.) posts down to 653, http://maldivesindependent.com/politics/council-posts- However, these amendments were passed down-to-653-127378 188 Statistical Yearbook of Maldives 2010 - in the middle of campaigns for at least published by previous Ministry of Planning three by-elections. The fifth amendment and National Development.

37 BOX 5:

CITY COUNCILS

When the Decentralisation Act was debated TABLE 4 : POPULATION and eventually passed in 2009, it was OF MALE’, ADDU AND decided that some administrative divisions FUVAHMULAH IN 2014[192] of country would be designated as cities for REGISTERED the purposes of electing local councils.189 CENSUS POPULATION It was envisioned that these city councils NAME OF CHAPTER POPULATION AS AT 31 DEC 2014 would be supported by ward boards, as 2014 opposed to the two-tier local government Male’ (including temporary framework of island councils and atoll 65,667 133,412 residents- dhafthar) councils in other areas. Fuvahmulah 12,012 8,095 Another difference between city and Addu 32,057 19,829 island councils is that the law states that Total population of the the development plan of the city will be 109,736 161,336 three areas produced by the relevant government Total population of ministry, albeit in full consultation with 357,566 344,023 city councils and residents of the city, Maldives whereas in the case of islands, it is stated Percentage of population 30.7% 47% as a responsibility of the island council living in a city to produce their own development 190 plans. Other than this, the powers and expatriate population is taken into account, responsibilities of city council are similar it can be stated that more than half of total to island and atoll councils. However, the persons living in the Maldives are living in a proportion of population living in a city is ‘city’. higher than that of the average island. Given this fact, two issues or trends that When the Act was passed in 2010, two have developed over the past years are areas were declared as cities: Male’ and a cause for concern when evaluating the Addu. In 2016, Fuvahmulah was declared to progress of decentralisation within cities in 191 be a third city. The table below gives the the country. The first issue is the curtailing registered population and census population of the powers and responsibilities of city of these three areas in 2014. council as stated in the law. The second is the low and falling voter turnout in city The registered population is considered for council elections compared to any other voting purposes and by this consideration, elections in the country. one-third of the population lives in a ‘city’. The census count gives closer proxy of (I) REMOVAL OF POWERS OF where people are currently living after CITY COUNCILS 189 Article 3, Decentralisation Act 7/2010. 190 Articles 41 and 23, Decentralisation Act internal migration movements. Thus, as can 7/2010. be seen in the table above, close to half the 191 President’s Office Declaration 2016/7, 22 In June 2015, the parliament passed the September 2016. local population is living in a city. When third amendment to the Decentralisation 192 National Bureau of Statistics. 2006. Cen- sus 2006, http://statisticsmaldives.gov. mv/yearbook/2016/wp-content/uploads/ sites/2/2016/10/3.3.pdf

38 Act, which stated that the powers and how stringently councils are monitored responsibilities of city councils would and if more transparent guidelines on the hereafter be determined by the president use of resources can be introduced to in consultation with the cabinet. Less circumvent misuse of resources by councils. than three weeks later, the President’s This might be a better strategy for making Office issued the revised powers and decentralisation effective, as opposed to responsibilities of city councils.193 removing or adding to the councils’ powers and resources on a whim depending on their Throughout this process, the state performance or party alignment with the removed city councils’ powers relevant to ruling government. road maintenance; waste management; harbour maintenance and ferry terminal (II) LOW VOTER TURNOUT FOR management; tackling erosion issues; CITY COUNCIL ELECTIONS provision of utilities such as water, sewerage and electricity; primary healthcare and Voter turnout in local council elections is running pre-schools; maintenance of public/ low in comparison to all other elections held children parks; and subletting or acquiring in the Maldives. In addition, the turnout land, reef, or lagoon for investment for cities has been lower than the national purposes. Services that remained average in these elections. included registration of births and deaths, registration of foreigners, and maintenance TABLE 4 : VOTER TURNOUT of cemeteries in the respective city.194 NATIONALLY AND FOR CITIES.

In the case of Male’ city council, the powers 2011 Local Council Election 72.11% and responsibilities were specifically 2014 Local Council Election 65.52% removed prior to amending the Act. 2017 Local Council Election 65.68% For instance, in 2014, Dharubaaruge (convention centre in Male’) previously 2011 Local Council Election - 52.63% used by the council to generate revenue cities only by renting out halls was taken over by 2014 Local Council Election - 35.87% the government. Later that same year the cities only mandate of Male’ redevelopment work was 2017 Local Council Election - changed to Housing Ministry, and in 2015 47.3% cities only the government informed the council that road development work would be carried out by the Ministry. Similarly, overseeing One possible reason for the lower turnout all cemetery related issues was also taken in local council elections is that the high from the council. In 2015, Male’ city council level of internal migration within the received a letter informing that they no country decreases the vested interest of longer had the mandate of developing constituents with regard to the composition vehicle parking spaces in Male’. According of the local government in their community to the Deputy Mayor of Male’ city council, of origin. The Elections Act states that these separate instructions were issued to people must vote for the municipal council the council prior to the third amendment to in their registered permanent residency, the Act in June 2015. as opposed to their place of residence, regardless of considerations such as This amendment has left city councils with how many years have passed since they very little work to do and is essentially a step have resettled, if they have purchased backwards in decentralisation, as previously or developed property, or are married to 193 President’s Office Announcement devolved powers to local governments were 196 2016/9, 11 May 2016. someone from another island. Male’ is the 194 Maldives Independent. 2015. A council transferred back to the central government. main urban centre of the country and has in name only, https://maldivesindependent.com/feature-comment/a-council-in- Furthermore, the amendment to the law attracted a strong flow of migrants over the name-only-116137/comment-page-1 195 Minivan News. 2015. PPM MP proposes now reads that the responsibilities of the years. In 1995, 45 per cent of the population removing Male’ city council’s powers, council can be changed by the Executive, https://minivannewsarchive.com/politics/ in Male’ was migrants from other islands. By ppm-mp-proposes-removing-male-city- whereas previously the powers of the 2006, this figure had risen to 53 per cent.197 councils-powers-99159 196 Interview with Ahmed As-ad, former council were stated and protected by law. State Minister for Finance and Treasury. See also: Chandrasekharan. S. 2014. A related issue is that despite Hulhumale Maldives: Local Council Elections and During parliamentary debates, pro- being a ward of Male’, this area has other Developments, http://www. southasiaanalysis.org/node/1449. It was government parliamentarians argued never been under active involvement or previously recommended by Transparency Maldives in its report Domestic Observa- that city councils were not using their oversight of any elected Male’ city council. tion of Local Council Elections 2011 that resources for the betterment of Male’ and this needed to be amended in the Local The municipal services and all planning Elections Act. were instead prioritising their premises and development activities of this ward 197 Ministry of Planning and National Development. 2006. Analytical Report and other resources for their own party are entirely overseen by a state-owned 2006: Population and Housing Census 195 2006, p. 49, http://statisticsmaldives.gov. activities. This begs the question of corporation, the Housing Development mv/nbs/wp-content/uploads/2006/12/ analysiscd/#

39 Corporation (previously Hulhumale concerns over the poor conditions of the Development Corporation). In recent years office space. While these issues were being the government has widely encouraged raised, the government locked down the more of the population to move to new premises without notifying Male’ city Hulhumale, with estimated targets of up council in advance, and also whilst the to 70 per cent of the country to eventually building still had the council’s assets and reside in Hulhumale.198 equipment inside. From this point onwards, Male’ city council staff operates from their Due to a combination of the government waste management office site. Reportedly encouraging migration and migrants not the equipment inside Huravee Building has being allowed to change their voting not been returned. Due to lack of space in constituency, there may be further drops the current premises, Male’ city council staff in voter turnout in city council elections. share one table among six staff, and one This falling interest by citizens of cities to computer among three staff. take part in their local elections need to be addressed. Reviews of electoral regulations In 2013, Addu city council acquired the need to be conducted in addition to equipment necessary to issue driving awareness campaigns targeting city licences for vehicle users in Addu and populations. this proved to be a significant source of revenue for the council. Coupled with the (III) OTHER ISSUES FACED BY rent they earned from land under their CITY COUNCILS name, the council enjoyed a significant amount of revenue. The council also tried Male’ city council has been evicted twice to raise revenue by issuing the mandatory from their official premises since 2015. annual stickers for vehicles. In 2013, the In April 2015, the government expelled government arranged for all transport Male’ city council from their original office, related services to be provided by an office G. Billoorijehige, where the secretariat of the Transport Authority, which was of Male’ city council was located at and opened in Addu. The police also started was allocated space within Huravee refusing to accept the stickers issued by Building. The poor condition of this newly Addu city council. Land under Addu city allocated office space posed health and council was also taken away during this time. safety risks to council staff and the council Due to no longer being able to provide rent notified relevant authorities regarding the and transportation services, 90 per cent inappropriate working conditions. of the revenue earned by the city council Both the Civil Service Commission and dropped. Health Protection Agency also raised

4.5 presidents of WDCs and to include measures SOME PROPOSED CHANGES TO that would make it incumbent on island THE DECENTRALISATION ACT councils to consult and provide more support to WDCs than what occurs in practice Since the promulgation of the currently. Decentralisation Act, various amendments have been proposed to the Act, some of Another amendment proposed in 2016 by a which have been debated in the parliament. parliamentarian from the ruling party at the One model proposed and discussed in time was to increase the term of local councils the parliament was a system whereby the from three years to five years.201 The term of presidents and vice presidents of councils local councils is stipulated in Article 231 (c) of would serve as full-time members, whereas the Constitution and reiterated in Articles 12, other council members would serve as part- 29, and 46 of the Decentralisation Act. 198 Maldives Independent. 2015. Population time members. The underlying rationale was consolidation keystone of 2016 state budget, http://maldivesindependent.com/ to reduce state expenditure as part-time In the thirty-eight interviews conducted politics/population-consolidation-keystone-of-2016-state-budget-119844 members would be paid less; furthermore, for this research, all councillors noted that 199 Minivan News. 2014. Government it was also argued that such a system would the Decentralisation Act was adequate and proposes changes to local government model, https://minivannewsarchive.com/ attract more educated and professional suitable. The only suggestion put forward for politics/government-proposes-chang- persons of higher calibre to the councils who amendment (in the phone interviews) was to es-to-local-government-model-2-80984 This is a suggestion that was repeatedly would be more willing to serve in an advisory increase the term of councils from three years put forward by interviewees, including some councillors, for this report. capacity whilst serving in their chosen to five years. 200 Minivan News. 2014. LGA recommends profession simultaneously.199 The proposal making Councilors part-time, https:// minivannewsarchive.com/politics/ to have a mix of part-time and full-time Ministry of Finance and Treasury also noted lga-recommends-making-council- councillors was also proposed by the LGA, in that increasing the term of councils will lors-part-time-76501 201 Maldives Independent. 2016. Parliament 200 January 2014. reduce state expenditure on elections and considers five-year terms for local councils, https://maldivesindependent.com/ also a longer term may yield greater results politics/parliament-considers-five-year- It was also proposed by a parliament member in development efforts.202 However, it was terms-for-local-councils-125857 202 Email from Ministry of Finance and to reserve a seat in all island councils for the pointed out by a member of parliament that Treasury, 17 July 2018.

40 shorter terms are included as a means of duties and responsibilities specified in the increasing accountability to constituencies.203 Act. Furthermore, there are restrictions in other laws and procedures that limit their LGA has also raised their concerns regarding powers (these limitations are explored further the short lifespan of councils.204 It was in Section 6.3 Alignment with Other Existing noted that since most of the newly elected Legislations). councillors do not have much technical capacity in financial management, the In recent years the pro-government members efforts aimed at capacity-building is wasted of parliament have proposed amendments when councillors are renewed every three and made comments during debates years. To address this, LGA submitted a expressing a preference for a centralised recommendation to have staggered elections form of administration. In June 2017, the for local councils, whereby all members government proposed to abolish local councils are not renewed at the same time so as to in islands with populations fewer than 500 maintain institutional memory and quicken people.206 During the parliamentary debates the pace of development. This proposal was in June 2017 on the above amendment, some rejected by the parliament in 2016.205 pro-government parliament members were of the opinion that the previous model of However, twenty-three councillors noted appointing island and atoll chiefs, as opposed that the main issue with the Decentralisation to electing councillors, was a more suitable Act was that it was not implemented in model for the Maldives. its entirety. For instance, councils are not allocated enough funds to carry out the

203 Interview with MP Mohamed Aslam. 204 Interview with CEO of LGA, Mohamed Shafeeq Mahmood 205 Maldives Independent. 2016. Parliament considers five-year terms for local councils, http://maldivesindependent.com/ politics/parliament-considers-five-year- terms-for-local-councils-125857 206 Maldives Independent. 2015. PPM seeks to limit elected councils to populous islands, http://maldivesindependent.com/ politics/ppm-seeks-to-dissolve-elected- councils-in-small-islands-100584

41 42 CHAPTER 5: LOCAL GOVERNMENT AUTHORITY

43 CHAPTER 5: LOCAL GOVERNMENT AUTHORITY

The Local Government Authority (LGA) 5.1 was established on 4 August 2010 under LGA BOARD AND THE SEVENTH the Decentralisation Act to monitor and AMENDMENT coordinate the work of local councils. The responsibilities of the LGA as per the Act In 2017, the seventh amendment to the include ensuring that the activities of councils Decentralisation Act was passed. This are aligned with the Constitution and laws; amendment changed the composition and monitoring the work of councils to ensure appointment procedures of the LGA board consistency with regulations; determining and the appointment of the chief executive the jurisdiction and boundaries of individual officer (CEO). The table below compares the councils; and finally, identifying training previous and current composition of the LGA. needs and conducting trainings.207 The LGA is overseen by a board and their day-to-day TABLE 6: affairs are overseen by a chief executive CHANGE IN THE COMPOSITION OF LGA officer. PREVIOUS COMPOSITION OF LGA NEW COMPOSITION OF LGA The LGA was established six months before the first local elections were held • Minister • Minister in the country. At the time, there were • A representative from Male’ city • Gender equality expert (must be approximately ten staff in the institution. council a female) The LGA has now grown to an institution • Four representatives elected from • NGO representative comprising of forty-one staff in 2017. Their atoll councils (by vote amongst • Governance/public main functions include training, legal support atoll councils) administrative and services, monitoring and evaluation, and • A representative from NGO • expert planning and administrative departments. The appointed by parliament • Chief Executive Officer (CEO) distribution of their staff as per departments • An individual from public is illustrated in their organisation chart appointed by parliament below.208 • A representative from city councils (elected by city councils)

CHART 1: ORGANISATION CHART OF LGA AS AT OCTOBER 2017

207 Article 61, Decentralisation Act 7/2010. 208 Information provided by LGA on 23 October 2017.

44 The overall number of LGA board members Minister of Home Affairs, though there have was reduced from nine to five. The initial been exceptions. Furthermore, the appointed composition allowed the inclusion of council minister has always been the president of the members, allowing representatives to present board. issues on behalf of all councillors, whereas the new composition removed all council Three CEOs have served in the LGA since its members from the board. inception, and several ministers have now chaired its board. The representative from an NGO and the individual from the public who sat on the According to the LGA’s first CEO, the LGA board previously had been selected government’s level of attending to the issues by the parliament and had been appointed and challenges faced by the LGA had been from a pool of candidates who responded contingent on the prominence of whichever to the parliament’s public announcement minister was serving on the cabinet at that for the relevant vacancies.209 The seventh particular time.212 The removal of councillors amendment revised the appointment from the board was viewed by both the procedures so that the NGO representative, previous and the current CEO as a necessary the gender equality expert, and the step for two main reasons: discussions of governance expert would be nominated by matters directly concerning councillors were the president, from applicants who responded often difficult to resolve in the presence of to a public announcement by the President’s councillors; and the significant costs involved Office. Under the current selection in arranging the travel and accommodation of procedure, the president selects a candidate the four elected councillors for the monthly and submits their name to the parliament for or bimonthly board meetings.213 The LGA approval. The term of the LGA board is also had attempted to remedy this in the past five years now. by proposing to hold board meetings via teleconference, but the councillors were not The amendment also introduced prerequisites amenable to this solution, wanting to attend for the post of CEO encompassing experience in person.214 and educational qualifications. This includes a minimum of first degree in a relevant field 5.2 as well as ten-year experience in a managerial TRAINING OPPORTUNITIES position. The CEO was also added as a permanent member of the board, which had As an essential and core part of its mandate, not been the case previously. The inclusion of the LGA has been providing training for the CEO in the LGA board was noted to be a councillors since its inception. With regard positive step. to this, an important responsibility of the LGA has been the orientation they provide Another notable change brought about by for newly elected councillors soon after the amendment is that the appointment and the councillors are sworn in. The approach dismissal of a CEO is at the discretion of the adopted by LGA after each of the three president, whereas previously, candidates for different rounds of elections has been this position were evaluated and appointed different. by the LGA board. Under the amendment currently in effect, the president has no In 2010/2011, the LGA had a total staff obligation to evaluate the candidate and capacity of five employees, thus the furthermore there is no criteria for dismissal, orientation for the newly elected 1,091 again leaving the discretion in the hands of councillors across the country was completed the executive. In effect, the appointment with the assistance of other institutions. process for CEO of the LGA is identical to that The LGA hand-picked a team of experienced of any other political appointee. facilitators from other state institutions, who underwent an intense training of trainers The amendment also changed the intended to familiarise them with all relevant appointment process in selecting the topics, laws, regulations, and procedures. president and vice president of the board. The initial articles of the Act stated that The trainers were then dispatched to all the president and vice president must atolls, in teams of two facilitators per atoll to be selected by a secret vote amongst all cover all islands in that respective atoll. In this 209 See, for example, when parliament 210 announced for applicants for LGA board appointed members within the LGA board. manner, all councillors, 210 atoll and island in 2014: http://english.sun.mv/22828 The amendment states that the president councils, were trained within a month.215 The 210 Article 63. 211 Interview with Husnu Al Suood, former of the LGA would thereafter be a minister President’s Office also gave close attention Attorney General. appointed by the Executive, and the vice to ensure that this orientation program was 212 Interview with Ahmed Shukree, former 216 CEO of LGA. president would be elected by the board, quickly and successfully rolled out. 213 Interviews with Ahmed Shukree, former CEO of LGA, and Mohamed Shafeeq Mah- with the exemption of the CEO. Electing the mood, current CEO of LGA, who noted minister as the chair of the LGA board was a For the second term of elections in 2014, the that the board meeting cost amounted to MVR 40,000 per meeting. recommendation raised in 2010 by the then LGA sought the support of police personnel 214 Interview with Ahmed Shukree. Attorney General as well, immediately after to conduct trainings. These trainings for all 215 Interview with Ahmed Shukree. This 211 was supported by Fathimath Habeeba, the passage of the Act. councillors were also completed within one Director at CSTI, and Mohamed Naseer, 217 Director of Training at LGA, who were month. both trainers for this batch. In practice, the minister who has been 216 Interview with Mohamed Naseer, Director of Training, LGA. represented in the LGA has mainly been the The orientation training for the third round 217 Interview with Ahmed Shukree.

45 of councillors who took their oaths in June of these study tours on the basis that the 2017 has not been delivered as planned by frameworks for decentralisation used in these the LGA at the time of this research. This time countries differed to that of the Maldives.223 the LGA had intended to utilise its own staff for trainings. In 2016, the Chinese government pledged to provide technical assistance to develop However, the budget requested for decentralisation in the Maldives.224 As part of training, calculated on the basis of previous a training program, a team of twenty-three experiences, was not approved. The LGA participants, consisting mainly of councillors, then considered different approaches, such as travelled to China in 2017 for a three-week bringing all councillors to Male’, (since by then program. the number of councillors had been reduced to about 600), or alternatively to have training Apart from the LGA, other government in strategic locations throughout the country, institutions also conduct one-off workshops such as atoll capitals and bring the councillors to build capacity of councillors in relevant to these locations, minimizing the travel of technical areas. In addition, UNDP has LGA teams. But all these options were still worked with the LGA in the development decided by MOFT as too costly and were not of training materials and in implementing approved. training programs.225

By the time the new councillors were sworn During 2012-2014, the previous minister in, the LGA had decided to develop an online for Atolls Development, Mohamed Waheed training platform to reach out to all local Deen, set up a training institute in Bandos councillors, with the technical support of the Island Resort and Spa. This was a separate National Centre for Information Technology. institution wholly devoted to enhancing the This platform had not been completed at the skills of newly elected councillors. The Civil time of research for this report. Service Training Institute also welcomes councillors in their training sessions targeting Given the delay in the delivery of the civil servants, if councillors express interest orientation programs, the LGA then offered to and slots are available. deliver the training to any council that could bear the costs of the entire training including In the research conducted for this report, travel and accommodation of LGA facilitators councillors were asked three questions with and any other expenses related to the three- regards to their overall training experiences, day orientation program. This was not a including their views on the training provided foreseen expense for councils and therefore by the LGA. Out of thirty-six councillors, not budgeted by any council. However, some seven had not yet attended any training.226 atolls responded, and in this way nine atolls218 These respondents were newly elected (and the island councils contained therein) councillors excluding one who was elected in have now received an orientation program for 2014. the councillors elected in 2017.219 Those that had attended the LGA trainings The LGA noted that the level of training said that it was very useful and relevant. designed for each council was different and They highlighted that it was useful to had been customised on the basis of training familiarise themselves on topics such as the needs assessments (TNAs). The LGA had Decentralisation Act and Public Finance carried out two such TNAs over the past Act, as well as finance management and years. The LGA noted that in general councils procurement procedures. were receptive towards trainings, though one notable exception was the Male’ city council, Box 6 analyses other major organised training who were uncooperative. opportunities for councillors that are either ongoing or took place between 2010 and The delay in the 2017 orientation program 2017. was criticised by some of the interviewees for this research.220 Some interviewees further suggested that these orientations 218 As of October 2017. should occur soon after the elections rather 219 Interview with Mohamed Naseer. 220 Interviews with MP Ali Hussain and than after the councillors actually take their Shamau Shareef, Deputy Mayor for Male’. 221 Interview with MP Ali Hussain. oaths, so that they can assume their office 222 Interview with Azhath Rushdhy, Director and its attendant responsibilities without of Projects and Planning. Support from 221 these donors are also noted in the audited interruption. financial reports (2012-2016) of the LGA. 223 Interview with Mohamed Naseer. 224 PSM News. 2016. China to assist Mal- The LGA does receive support for their dives develop decentralised governance, http://psmnews.mv/en/news/17521-chi- training and capacity building efforts from na-to-assist-maldives-develop-decen- external organisations. In this regard, donors tralised-governance 225 Eydhafushi Times. 2015. Baa Atoll who provide assistance include the UNDP, Council’s Vice President in China for UNICEF, and Kuwait Fund.222 Other training training program, http://www.eydhafus- hitimes.com/english/news/826/. See partners include JICA and the government of also: https://twitter.com/lgaMaldives/ status/880458032299114501 India. Under these arrangements, LGA staff 226 This question considered trainings re- usually attend trainings or study trips abroad. ceived after being elected as a councillor. Some said they attended LGA training as However, some LGA staff criticised the utility a civil servant and were able to comment on the quality of training.

46 47 BOX 6:

TRAINING AND CAPACITY DEVELOPMENT EFFORTS BY OTHER INSTITUTIONS

(I) INSTITUTE OF GOVERNANCE was formed in 2010, two years after the AND DEVELOPMENT 2012-2014 formation of the Civil Service Commission. Prior to this, there were no formal training The Institute of Governance and programs for public servants. Now the Development (IGD) was an institute CSTI carries out a timetabled schedule founded by the previous minister of Atolls of trainings, both in Male’ and in selected Development, Mohamed Waheed Deen, locations across the country.227 The and operated from 2012 to 2014 in Bandos CSTI has entered into a memorandum of Island Resort. The institute was developed understanding (MOUs) with some atoll to complement the trainings organised councils to facilitate trainings that are by the LGA and focused on developing conducted in the islands. These MOUs leadership skills of councillors and to assist in outlining the responsibilities of provide an avenue for them to network with both parties in delivering the trainings, each other. such as the provision of venue and other resources.228 The trainings range from one- Councillors interviewed for this report who year diploma programs to those that span had attended IGD trainings noted that it was half a year or even a few weeks or days more relevant and thorough than any other based on the topic. that they had attended and greatly assisted them when they began their duties. The CSTI prepare their annual scheduled In elaborating on why they found the training modules based on an annual training so helpful, they expressed that training needs assessment (TNA), which the sessions were more practical and that is completed with input from all state the lecturers were more experienced. institutions. Local councils are also given They noted in particular the usefulness of this opportunity to self-assess their training personal development sessions focusing needs, but in the CSTI’s experience councils’ on skills such as communication, leadership response to the TNA survey has been weak. grooming, and effective presentation. The reasons perceived for this include lack They also highlighted that the training was of human resource personnel with the an excellent opportunity for networking capacity to undertake this task and a lack of with one another as councillors from understanding of its value. various atolls and islands were living in close proximity for three weeks. Overall, all the In addition to this TNA form, councils are interviewees who had attended a training also given the opportunity to state their at this institute spoke positively regarding preferred training requests with reference the relevance and utility of the program and to the scheduled training program for expressed that it was important that this or the year, and they receive responses for a similar program targeting newly elected trainings from all councils.229 councillors should continue. While the programs run by the CSTI (II) CIVIL SERVICE TRAINING contribute to boosting the professionalism 227 CSTI has a pool of about 13 external trainers who are contracted out to travel INSTITUTE and efficiency of island and atoll council and deliver the trainings to island and offices, the CSTI does not currently offer atoll councils and government institutions on the islands. The Civil Service Training Institute (CSTI) any training directly related to the topic of 228 Interview with Fathimath Habeeba, Director of CSTI. 229 Interview with Fathimath Habeeba, Director of CSTI.

48 decentralisation.230 Furthermore, the main on the needs of governing and developing target audience of the CSTI programs are an island in the Maldives.234 civil servants, and thus training slots are usually filled by civil servants from council (IV) UNDP offices rather than by councillors. The UNDP has also run programs directly However, CSTI does not bar councillors intended to enhance the capacity of from attending any of their sessions and local councils. For instance, when the some councillors have even enrolled Decentralisation Act was initially ratified, in their long-term diploma programs. UNDP conducted capacity building The CSTI noted that they are willing to workshops targeting candidates running in consider targeted programs for councillors the local council elections, prior to the first on professional development, general elections of February 2011. management, and office skills in accordance with requests by the LGA. This may be an However, in recent years, due to UNDP’s option worth pursuing due to the current resource redistribution, the bulk of their scarcity of training opportunities in light of aid has shifted to Laamu atoll and is mostly the closure of the Institute of Governance devoted to the Low Emission Climate and Development. Resilient Development Program (LECReD) that started in 2012. As an activity under Surprisingly, five councillors interviewed for this program, UNDP worked with the LGA this report stated that they have not heard to develop a methodology for developing of the CSTI. This included councillors who island development plans, which was later were elected in 2011 and 2014. used as a template for all island and atoll Of the remaining respondents, some councils for the first five-year development have attended trainings by the CTSI and plans.235 expressed that they found it useful and that it helped their staff improve their skills. Overall, councillors noted that such trainings Others viewed it as a training exclusively helped increase their confidence and meant for civil service staff and not for assisted them in learning how to engage councillors. A few mentioned that they with staff whilst managing their offices. would like more opportunities for training It is important that adequate and timely and were unable to send anyone usually due trainings are prioritised by both the central to staff shortages in their offices. government and the LGA. Training programs must consider feedback from past training (III) CAPACITY-BUILDING programs, and these programs must be AND SUPPORT BY OTHER delivered at the earliest possible time after GOVERNMENT INSTITUTIONS the election.

Other state institutions also carry out Addu city council adopted a different capacity building programs and workshops approach to staff development, which that are implemented when the need is chiefly entailed immersing their staff of identified. approximately 300 personnel in internal training programs, rather than relying only For instance, in 2016 the Ministry of on the LGA or CSTI. Strategies adopted to Finance and Treasury (MOFT) travelled to enhance motivation and skills of their staff islands to familiarise the relevant councils’ included job rotation, regular identification staff with better financial record-keeping of the best employee, ensuring minimal and reporting methods.231 The Auditor political influence in day-to-day operations, General’s Office also visited all local councils and making the best use of higher education in 2016 to create awareness on international opportunities that were expanding in Addu bookkeeping practices and to familiarise atoll. councils and their staff on international 230 According to Mohamed Naseer, Director of Training at LGA, and Fathimath public sector accounting standards (IPSAS), MOFT noted the importance of conducting Habeeba, Director of CSTI: Initially, which is used by the AGO for auditing sufficient capacity development on public upon requests from councils, the CSTI conducted training programs related purposes. finance management in particular, including to decentralisation. However, this led the procedure and formalities of acquiring to confusion and overlap in materials covered by the CSTI and LGA on the topic. The Maldives Land and Survey Authority funds from the ministry. Furthermore, Eventually both institutions came to an understanding that LGA would focus on conducted some workshops in 2014/2015 trainings should also be provided on decentralisation law and related content to local councils on sustainable land formulating a well-planned budget based on for councillors and civil servants while the 232 CSTI would cover other topics required management practices or surveying. the economic outlook of the world and the for professional development and office The Anti-Corruption Commission also country.236 management. 231 Interview with Fathimath Razeena, conducts trainings and awareness programs Financial Controller. 232 Interview with Ibrahim Areef, Land Officer, on corruption, good governance, and Maldives Land and Survey Authority. transparency for council staff.233 233 Interview with ACC President Hassan Luthfee, Vice President Muaviz Rasheed, and Member Sofwath Mohamed. Currently the Maldives National University 234 Interview with Mohamed Naseer, Director of Training, LGA. is preparing a master governance program, 235 Interview with Nasheeth Thoha, Assistant Resident Representative, UNDP which is expected to be very much focused 236 Information provided by MOFT by email dated 17 July 2018

49 5.3 their financial statements and ownership MONITORING of assets.

The Decentralisation Act empowers the 5. Security: This category looks at the LGA to monitor the work of councils on effort councils have made to keep their two aspects: ensuring consistency with the communities safe. The indicators used to legislative framework; and ensuring that evaluate this category include the level councils adhere to standards set out for them of preparedness for natural disasters, the in executing their duties.237 efforts made to reduce crime, and the steps taken to protect the environment. The law also specifies that it is the responsibility of atoll councils to “monitor The performance index was first used in the performance of the island councils 2015 to score all the councils. The index in discharging their responsibilities”.238 uses a score between 0 and 1, in which 1 is Therefore, LGA uses a monitoring system the highest. The highest scoring atoll council whereby atoll councils are given a certain was Shaviyani atoll with a score of 0.349, level of autonomy and guided instructions on and the best scoring island council was Sh. how to carry out this function in a consistent Foakaidhoo with an overall score of 0.38.241 manner in their respective jurisdictions. If the law is violated, atoll councils can forward The winning councils were presented with cases to the LGA when needed. Based awards, known as ‘Kangathi Award’, on 6 on cases forwarded from atoll councils or March 2016.242 The council to score the observed by the LGA directly, the LGA can highest in each of the five categories was also either take direct action or they can forward acknowledged as well as the highest scoring to the police, Anti-Corruption Commission, island in each atoll. or the Auditor’s General Office, depending on which is most appropriate.239 City councils were not included on the basis that there were too few to compare, given In 2015, the LGA introduced a performance that there were only two cities at the time.243 index to review and evaluate the councils across five categories.240 These categories are Data for the analysis of the performance as follows: index was collected by the LGA, which asked all councils to complete a questionnaire 1. Implementation of Decentralisation Law: and submit them by a specific deadline. This measures the extent to which councils Only those councils that submitted the have implemented the Decentralisation questionnaire by the deadline were Act. Seven specific components of the considered. law are considered and include whether councils have established women’s It is noteworthy that some of the indicators development committees, completed used were under-reported and that some internal audits, and if they have prepared a councils submitted incomplete forms by national development plan. the deadline, which contained only the information they were able to collect. The 2. Effectiveness: This component looks at indicator that was the most under-reported internal factors and investment returns of was the last category of security, to which councils. There are eight indicators used to only five atoll councils and thirty island score this category, encompassing the level councils responded (whereas all nineteen atoll of resources devoted to enhancing their councils and 153 island councils reported for human resources and how much revenue the first indicator).244 they collect through fees and investments. In 2016, the tool was revised, and the councils 3. Participation: This category is devoted to were re-evaluated according to a new the level of community consultation and rubric245. The final score of the performance engagement efforts made by councils. ranking of councils was used by the LGA as a The ten indicators used to assess this factor in proposing budgetary allocations for component include a mixture of direct 2017. Since 2010, the councils’ budget had and indirect measures such as how many been decided by MOFT. For 2017, the LGA activities were carried out by WDCs and was given the authority to propose allocations 237 Article 61(a) and (d). how much councils spent on WDCs. for different budgets. The institution used 238 Article 8. a fiscal formula, which had initially been 239 Interview with Ahmed Hassan, Director of 246 Monitoring and Evaluation Department. 4. Accountability: This category attends to developed in 2013 with UNDP’s assistance. 240 Location Government Authority. 2016. the efforts made by councils to report to This formula included multiple factors and Council thakuge ranking 2016, p. 11-13. 241 Ibid., p. 21 and 31. and hold themselves accountable to the was later updated to include the performance 242 PSM News. 2016. Rangalhah masah- kaikuraa council thakah award dheyn central government and to their respective index. To date, the final budget allocation to nimmaifi, https://psmnews.mv/11989 communities. The five indicators used councils has not been determined exactly as 243 Information provided by email by Ahmed 247 Hassan, 5 December 2017. to assess this component include the per the fiscal formula. Nevertheless, the 244 Local Government Authority. 2016. extent to which councils share progress LGA’s attempt to implement results-based Council thakuge ranking 2016. 245 Interview with Ahmed Hassan, Director of relevant to implementing development monitoring measures is commendable and Monitoring and Evaluation Department, LGA plans with the community, and the level of should continue to be used as a guideline and 246 LGA. 2013. Annual Report, p. 28. transparency they demonstrate regarding incentive for budgetary allocations. 247 Interviews with Azhath Rushdy, Director of Planning and Projects, and Shammoon The lack of evaluation of city councils Adam, Division Head of Planning and Monitoring Division.

50 in the current performance monitoring for refusing to participate in government- framework used by LGA means that councils organised celebrations for Independence Day representing a significant portion of the and for urging members of the pubic to do the country’s population go unreviewed. A review same.253 of their effectiveness, accountability, and their efforts to engage with the community There have been cases of councillors can be used to monitor their annual progress retaliating against these suspension orders. and performance, even if these indices are In the case of the May Day protest, B. not used to compare city councils with one Thulhadhoo council decided to continue another. Such evaluations can be useful to issue salaries to their two councillors for a particular community to assess the who were suspended. Because of this, in performance of their elected councillors December 2015, the LGA suspended all five when voting. councillors from Thulhadhoo for one month without pay.255 5.4 DISCIPLINING On 25 July 2016, the LGA issued a ruling which categorised possible offences by The LGA is not a constitutional body and is councillors into three categories and outlined not clearly defined as an independent legal the actions that would be taken by the institution. It is a government authority that LGA for each category. Actions by the LGA monitors nearly 200 local councils that are ranged from advising the council or individual independent legal entities in their own right councillors to suspension without pay to with fully elected bodies. This raises debate issuing a warning that a case may be filed for on what type of disciplining measures the the dissolution of the entire council. Since LGA should take. then more suspensions have been issued.256

The Decentralisation Act states that the LGA These disciplinary measures by the LGA should “monitor to ensure” that policies and have been met with criticism. Interviewees laws are implemented by councils,248 but does noted that the role of the LGA as defined 248 Article 61. not provide detail on how this is to be done. in the Decentralisation Act is to monitor, 249 Article 66, Decentralisation Act. 250 Interview with Ahmed Shihad, Head of The law also states that the LGA has the assess, coordinate, and train. The disciplinary Legal Department. power to review and assess situations where measures taken in recent years have been 251 Article 3 (a), Code of Conduct for Councillors. councils are failing to perform their duties and interpreted as being taken without sufficient 252 Minivan News. 2015. LGA suspends 257 seven councilors over May Day protest, responsibilities in a satisfactory manner. investigation, often preemptively and whilst https://minivannewsarchive.com/news-in- overstepping the mandates dictated by law. brief/lga-suspends-seven-councilors-over- may-day-protest-98156 Therefore, the LGA has a duty to investigate 253 Minivan News. 2015. Councilor and attend to issues and complaints regarding Interviewees also noted that, as discussed suspended over tweet, https://minivannewsarchive.com/politics/lga-sus- local councils. The Act then states that the during the Special Majilis debates, a pends-thulhaadhoo-councilman-over-a- 249 tweet-99659 LGA can file a case to the High Court shorter term of three years for councillors, 254 Maldives Independent. 2015. Thulhaad- to dissolve a council for misusing council as opposed to the five-year term of the hoo councillors suspended for ‘defying orders’, http://maldivesindependent.com/ facilities, repeated failure to perform the president and members of the parliament, politics/thulhaadhoo-councillors-sus- duties of the council, or if the council is was more appropriate as councillors worked pended-for-defying-orders-119746 255 Articles 4, 5 and 6, Guideline on actions unable to make decisions, have meetings or directly with communities and a quick to take for unlawful acts by councillors (Councilun kuraa gaanonaa khilaafu otherwise carry out their responsibilities. turnover would easily allow voters to hold amaluthakaai islaahee fiyavalhuthah In practice, the LGA has found only one their elected representatives accountable. darajakurumuge usool). 256 In September 2017, the President of case that they considered submitting to the Under this model, disciplinary measures by HA. Dhidhoo Council was suspended High Court, though the issue was resolved the LGA may not be necessary. It was noted for a month over a dispute with the government regarding the selection of prior to this step being taken, rendering it that the LGA can monitor, investigate, and beneficiaries of 140 housing units built 250 in Dhidhoo. On 11 December 2017, the unnecessary. forward any fraudulent cases or criminal LGA issued a circular requiring councillors activities to the police, the Anti-Corruption to seek prior permission to meet with foreign diplomats. The circular was issued The LGA has thus taken the initiative to Commission, or the courts for further while the British Ambassador to the Mal- determine how to enforce and ensure action.258 dives was visiting GDh. Thinadhoo and the Indian Ambassador to the Maldives that councils abide by all policies and was touring the islands of Gaafu Alif atoll. On 12 December, three councillors from laws. In November 2013, the LGA issued a 5.5 Gaafu Alif was suspended for unautho- code of conduct for all councillors, which CHALLENGES FACED BY THE LGA rised meetings with foreign diplomats. In January 2018, three councillors from provided guidelines regarding issues such Maafushi were suspended after meeting as confidentiality clauses, abuse of power, The issues noted below are concerns with a foreign diplomatic without prior permission. In February 2018, all five discrimination within office staff, and conflicts raised by interviewees from the LGA, who councillors from Ihavandhoo were suspended on grounds of lack of cooperation of interest. The code also states that if the highlighted the following as challenges with the government during Fishermen’s LGA found any councillor to have breached currently faced within their respective Day celebrations in 2017. 257 See, for example, the case of Dhidhoo the code of conduct, the LGA can impose a departments as well as within the LGA as a councillor who was suspended before suspension of ninety days maximum, without whole.259 investigation was completed: http:// maldivesindependent.com/politics/ pay, after all the relevant investigations have dhidhoo-council-president-suspend- 251 ed-over-housing-ministry-row-132848 been completed. 1. Some functions assigned to the LGA in the 258 Interviews with Husnu Al Suood, Salma Decentralisation Act are broad national Fikry, MP Mohamed Aslam, and Deputy Mayor Shamau Shareef. In May 2015, seven councillors from different planning mandates and beyond the 259 Interviews with Ahmed Shihad, Director, councils were suspended for two months capacity of an institution such as the LGA. Head of Legal Department; Ahmed Hassan, Director, Head of Monitoring after taking part in anti-government protests Such functions may be better suited for and Evaluation Department; Azhath 252 Rushdy, Director of Projects and Planning; on May Day. In July 2015, four councillors, an agency that already has other national Mohamed Naseer, Director of Training; again from different councils, were suspended planning responsibilities so that there Shammoon Adam, Division Head of Planning and Monitoring Division; and is less duplication of efforts within the Mohamed Shafeeq Mahmood, CEO.

51 government (such as conducting national using information from the performance consultations or research) and so that index surveys, there is still a need for LGA such functions would be attended to by teams to travel for monitoring purposes. more experienced and knowledgeable This is costly, and budget is not available staff who can better align these efforts to complete this required function. with other broad strategic development Alternative ways to conduct monitoring plans. Examples of such functions that (possibly requiring less travel by an LGA were highlighted included determining the team) need to be explored. characteristics of a city, determining the minimum population of an inhabited island, 4. Although the human resources of the and assigning the geographical boundary LGA have grown considerably since of an island (functions that are currently its inception (from 2010 to now, the part of the LGA). institution grew from five employees to over forty),260 the experience and exposure 2. The legal department reported facing of the entire institution is limited. More a high demand from councils for legal capacity building opportunities for the support on various issues. The department LGA staff is needed. For instance, research reportedly receives on average sixty issues was an area that was identified as an area per week, which are handled by the five in which the LGA is lacking; currently there legal staff in the department. is only one staff in the LGA who is assigned to undertake research. 3. The monitoring department noted that although they have developed a system of monitoring whereby atoll councils monitor island councils to some extent and annual formal evaluations are completed

260 Information provided by Azhath Rushdy.

52 53 54 CHAPTER 6: DECENTRALISATION IN THE MALDIVES 2010-2017

55 CHAPTER 6: DECENTRALISATION IN THE MALDIVES 2010-2017 6.1 be elected thirty days before the three-year LOCAL COUNCIL ELECTIONS term ends.

The Constitution of 2008 imposed a deadline The local council election of 2017 was also for the first local council election, which delayed. Compared to 2011, the delay in was 1 July 2009 (Article 298). As described holding the 2017 election was met with much in the previous sections, the finalisation of more criticism by stakeholders as there were the decentralisation and related elections less extenuating circumstances and evinced legislative framework was a lengthy process bad faith on the part of the government. and the constitutional deadline was not achieved. The election was initially planned for 14 January 2017 and was then postponed thrice When this clearly failed, the Decentralisation from 8 April to 15 April to 6 May, on which Act was passed on 17 May 2010 with a new the election was finally held. The initial delay deadline for the first local council election to was in response to a ruling by the Civil Court, take place within 150 days,261 on 13 October issued on 1 December 2016, following the 2010. The equally important Local Council conclusion of a case submitted by President Elections Act was ratified on 29 July 2010. Yameen that his party required more time However, the first round of election was held to prepare for the elections due to disputes on 5 February 2011 with the second round by within the ruling party. 12 March 2011. The election was rescheduled again when the It is important to consider some other schools, which served as ninety per cent of events that occurred during this time period all polling stations, were not available for the to contextualise the delay. Several other announced date. The last time the election deadlines were not achieved during this was postponed, there was a flu outbreak tumultuous and hectic period. For instance, in the country. The Elections Commission the constitution had also set a deadline to announced that they had been advised by hold the next parliamentary election by 15 the Health Protection Agency that public February 2009,262 which was not achieved gatherings may cause the flu to spread and set a precedent for a series of delayed further.265 elections (albeit the parliamentary election was delayed by only three months compared These delays were criticised as tactics to the delay of nineteen months for the local used by the government to gain time to council election). field candidates, given the disputes that were going on at the time within PPM. One Another significant issue in the country at the opposition party went as far as to announce time was emerging problems between the that they would not partake in the local 261 Article, 150 (b), Decentralisation Act 2010. executive, judiciary, and legislative branches council election, although they ultimately 262 Article 296 (a), Constitution 2008. as the interim phase of the Constitution did participate.266 Adding to these criticisms 263 ICJ. 2011. Maldives: Securing an Inde- pendent Judiciary in a Time of Transition, ended on 7 August 2010. The overriding issue was disapproval that the delay in the p. 12-15, http://www2.ohchr.org/english/ at the time was regarding the appointment of election dates coincided with amendments bodies/hrc/docs/ngo/ICJ_Maldives_ HRC102.pdf; Transparency Maldives. permanent judges to the Supreme Court. The to the Elections Act in February 2017, 2010. Parliament Watch: Evaluation of the Parliament of the Maldives, p. 12, parliament had failed to pass the Judges Bill which changed the required qualifications http://transparency.mv/wp-content/up- in time and therefore the permanent Supreme of candidates in the midst of the campaign loads/2013/09/parliament_watch1.pdf 267 264 Minivan New. 2011. Oath-taking ceremo- Court was not elected by the time the interim period. ny for 14 councils delayed following High phase ended. The interim judges had already Court injunction, https://minivannewsarchive.com/politics/oath-taking-cere- sent a letter to the President informing him During this period of delay, the current mony-for-14-councils-delayed-following-high-court-injunction-16560 that they intended to remain permanently on councillors remained in their posts, as per the 265 VNews. 2017. Local Council elections the bench. The executive locked the Supreme judgement of the Civil Court, referencing the have been postponed for the third time, 268 http://vnews.mv/80092; Maldives In- Court building and barred access to any of its necessity thereof. dependent. 2017. Maldives local council employees or judges. Although this issue was elections postponed a second time, http:// maldivesindependent.com/politics/ resolved quickly thereafter, this highlighted The following table (right) gives a summary of maldives-local-council-elections-postponed-a-second-time-128598; Maldives the extreme tension between the branches key facts and figures of all three local council Independent. 2017. Council Elections de- of the state and also diverted attention from elections held to date. layed for the third time over flu outbreak, http://maldivesindependent.com/politics/ other affairs such as the local council election council-elections-delayed-for-third-time- 263 over-flu-outbreak-129619 and associated campaigning. Voter turnout at local council elections is low 266 News release by Adhaalath Party on 17 in comparison to other elections that are held January 2017: http://www.adhaalath.org. mv/?p=650 After the first round of election took place in the Maldives. For instance, voter turnout in 267 News release by MDP on 18 March 2017: on 5 February, most of the councillors were the 2008 presidential election and the 2009 https://mdp.org.mv/archives/73939; News release by Transparency Maldives sworn in by 26 February 2011, with fourteen parliamentary election was 79 per cent and on 9 May 2017: https://www.transparen- 269 cy.org/news/pressrelease/wider_issues_ constituencies pending as issues had been 87 per cent respectively. Voter turnout continue_to_cast_a_shadow_on_the_elec- filed with the High Court.264 in the first round of the 2013 presidential toral_processes_of_the_ma 268 Maldives Independent. 2017. Council election was 87 per cent, and 90 per cent in Elections delayed for the third time over The 2014 local council election was held the second round. This is explored in more flu outbreak, http://maldivesindependent. com/politics/council-elections-delayed- on 18 January 2014. According to the detail in Box 5. for-third-time-over-flu-outbreak-129619 269 Transparency Maldives. 2011. Domestic Constitution, the term of city, atoll, and island Observation of Local Council Elections councils is three years. The Decentralisation Other issues noted, which are common to all 2011, p. 17, http://transparency.mv/ wp-content/uploads/2013/12/Presiden- Act specifies that the new councillors must elections and not just local council elections, tial-Parliamentary-Local-Council-election-reports.pdf

56 TABLE 7 : COMPARISON OF KEY ELECTION STATISTICS

INDICATOR 2011 2014 2017 Date of 5 February 2011 18 January 2014 6 May 2017* elections (second round 12 March (second round 15 February (second round 20 May 2017) 2011 2014 Number of 2,754 2,458 1,487 candidates who contested Number 222 273 Information not recieved of female candidates who contested Number of seats 1,091 councillors in 209 1,095 councillors in 208 664 councillors constituencies constituencies (575 seats for 179 island (942 seats for 188 island (946 seats for 187 island council, 66 seats for 18 atoll councils, 132 seats for 19 councils, 132 seats for 19 councils, 23 seats for 3 city atoll councils, 17 seats for 2 atoll councils, 17 seats for 2 councils) city councils) city councils) Number of Maldives Democratic Party MDP - 899 MDP - 469 candidates who (MDP) - 922 PPM - 535 PPM - 521 contested by Dhivehi Rayyithunge Party JP - 302 JP - 93 party (DRP) - 882 MDA - 92 Maldives Development Adhaalath Party (AP) - 52 AP - 83 Alliance (MDA) - 49 Jumhooree Party (JP) - 46 DRP - 2 AP - Information not People’s Alliance (PA) - 8 Independent - 545 received Gaumee Iththihad - 11 DRP - 1 Dhivehi Qaumee Party Independent - 363 (DQP) - 8 People’s Party (PP) - 1 Independent - 824 Number of MDP - 395 MDP - 462 Information not received successful DRP - 499 PPM - 275 candidates by AP - 15 JP - 123 party JP - 16 MDA - 55 PA - 1 AP - 45 DQP - 1 DRP - 1 Independent - 164 Independent - 134 Total number 58 61 62 of successful female candidates Voter turnout % 72.11% 62.52%** 65.68% (National total) Voter turnout % 52.63% 35.87% 47.3% (Cities only) (Male’ 50.1%; Addu 57.79%) (Male’ 28.2%; Addu 50.4%) (Male’ 43%; Addu 55.32%)

Number of 417 464 422 ballot boxes Ballot boxes Two locations Three locations One location abroad (India, and Sri Lanka) (Sri Lanka, India, and (Sri Lanka) Malaysia) Total number of 917 observers 916 observers 898 observers observers and 424 monitors 738 monitors 634 monitors monitors*** Election MVR 44,840,129.75 MVR 31,281,072 MVR 46,220,447 Expenditure

SOURCES: * Initially planned for 14 January 2017, postponed to 8 Elections Commission, Local Council Elections 2011 Statistical Report April 2017, postponed again to 15 April 2017 and finally Elections Commission, Local Council Elections 2014 Statistical Report held on 6 May 2017. Elections Commission, Local Council thakuge inthikhaabu 2014 report ** Voter turnout for the presidential election in Elections Commission, Local Council thakuge inthikhaabu 2017 report November 2013 was 90 per cent. *** Monitors are media personnel only.

57 BOX 7:

WOMEN IN POLITICS IN THE MALDIVES

Women’s participation in politics and their number of female candidates contesting was inclusion in top government positions in the disappointingly low with only twenty-three Maldives is low. In 1999, there were only female candidates out of 302 candidates.276 five female members of parliament (three Ultimately, only five female members of were nominated by the president) out of parliament were elected. 270 Asian Development Bank. 2001. Country 270 Briefing Paper: Women in the Republic fifty members. By 2001, this number was of Maldives, https://www.adb.org/ reduced to three female members (two were As for local councils, in 2011 and 2014 only sites/default/files/institutional-document/32556/women-maldives.pdf 271 appointed by the president) out of fifty. 8 per cent of candidates were female. In 271 UN. 2001. Monitoring committee for women’s anti-discrimination convention 2011, out of 225 female candidates, only considers report of Maldives, https:// Similarly, in 2001, only one minister, two fifty-eight were elected.277 And in 2014, out www.un.org/press/en/2001/wom1255. doc.htm deputy ministers and one deputy island of 1118 elected councillors, only sixty-one 272 Asian Development Bank. 2001. Country chief were women.272 There has never been were female.278 Briefing Paper: Women in the Republic of Maldives, https://www.adb.org/ a female atoll chief, although a woman was sites/default/files/institutional-docu- 273 ment/32556/women-maldives.pdf once appointed as an acting atoll chief. Furthermore, during the parliamentary 273 Ibid. Prior to the abolition of the post of island discussions of the Decentralisation Bill 274 UNDP. 2011. Women in Public Life in the Maldives: Situational Analysis, p. 18, chiefs in 2008, only one woman served as in 2009/2010, a submission put forth by https://www.undp.org/content/dam/mal- an island chief.274 the MDP to include a minimum quota dives/docs/Democratic%20Governance/ Women_in_Public_Life_Report.pdf for women in local councils was rejected 275 As at 5 November 2017. 279 276 EU Election Observation Mission. 2014. Currently, of the fifteen cabinet ministers without discussion. Preliminary Statement, http://eeas.euro- appointed in 2017, three are female.27 pa.eu/archives/eueom/missions/2014/ maldives/pdf/eueom-maldives-prelimi- In the 2014 parliamentary election, the nary-report_en.pdf Commonwealth observers reported that the 277 Hope for Women. 2012. Shadow Report to the Committee on the Elimination of Discrimination against Women, p. 39, http://www2.ohchr.org/english/bodies/ cedaw/docs/ngos/HopeForWomen_Mal- divesForPSWG.pdf island was selected as the province capital 278 Transparency Maldives. 2015. Assess- 6.2 ment of Women’s Development Commit- APPOINTED COUNCILLORS AND and province offices were established, and tees in the Maldives, http://transparency. mv/files/media/9cf640937386789db- PROVINCE OFFICES administration of the islands thus began in 4c8b82b78bad815.pdf a three-tier system of island-atoll-province 279 Hope for Women. 2012. Shadow Report 283 to the Committee on the Elimination After Mohamed Nasheed was sworn in as framework. Island chiefs were eventually of Discrimination against Women, p. 6, president, he appointed representatives absorbed into the civil service and in most http://www2.ohchr.org/english/bodies/ cedaw/docs/ngos/HopeForWomen_Mal- of the state to each island and atoll to cases they were appointed as the most senior divesForPSWG.pdf 284 280 Department of Information. 2009. News oversee all the administrative affairs. These civil servant of an island or atoll office. Bulletin 04-01-2009, http://www. representatives were called councillors maldivesinfo.gov.mv/home/files/bullet- inx_det.php?id_news=1086 and they worked alongside the previous Province offices continued to coexist with the 281 President’s Office. 2010. President Annuls 280 the Posts of Appointed Councillors Ahead katheebun or island chiefs. This system elected councillors until March 2012, when of Local Council Elections, http://presiden- was in place from 2008 until 26 December they were closed down by President Waheed cymaldives.gov.mv/Press/Article/1732 282 President’s Office. 2010. President 2010 when President Nasheed annulled the one month after transfer of power from appoints State Ministers for provinces, position of appointed councillors ahead of Nasheed’s administration.285 http://presidencymaldives.gov.mv/Press/ Article/886 local council election scheduled for February 283 For an explanation on provinces and the 281] roles of these offices, see: http://www. 2011. This entire framework was criticised on maldivespartnershipforum.gov.mv/pdf/ various fronts. Given that island chiefs were Local%20Governance.pdf 284 Interviews with Salma Fikry and Abdullah In addition to these appointed councillors, still on payroll and reporting for work as Saeed, Director General. the President also grouped all administrative before, some questioned if there was a true 285 Minivan News. 2012. Government closes national offices established by Nasheed, atolls into seven provinces and appointed need for additional salaried government https://minivannewsarchive.com/news-in- 282 brief/government-closes-national-offic- a state minister for each province. An officials to be hired to these offices at es-established-by-nasheed-34396

58 the time. Another argument was that the Legislations passed during those years President’s decision to appoint councillors reflected this centralised governance defeated the spirit and purpose of the structure. Therefore, in order for Decentralisation Act, which at the time decentralisation framework to be truly represented the culmination of the hopes of realised, it was necessary for laws communities to finally elect their own local contradicting the new decentralised structure representatives. of governing to be amended.

In the interviews with the councillors for this To facilitate this, Article 153 was added into report, those respondents who were elected the Decentralisation Act, which stated that in 2011 and worked alongside the province any laws that were in contradiction of the office, noted that communicating with the Decentralisation Act must be submitted for central government at this time was difficult amendment to the parliament within six because of the long chain of command that months of its passage. was in place. Island councils had to write to atoll councils and atoll councils forwarded the According to a previous employee of the issue to province offices who then forwarded Attorney General’s Office some laws were to the relevant ministry. The reply would also identified and submitted for amendment follow the same communication route back. during this six-month period. This was done These respondents noted that this made the under the guidance of the Attorney General process lengthy and cumbersome and often Ahmed Ali Sawad.286 As reported by the documents were misplaced. However, two Attorney General’s Office, amendments respondents noted that having a province to twenty-two laws were proposed to the office did make communicating with ministries parliament within the six-month timeframe.287 easier. With the dissolution of the provincial offices, island and atoll councils communicate Of this list, at least six laws were amended directly to any government institution and by the parliament, citing conflict with the in the case of island councils, only have to Decentralisation Act. This included several send a copy of the correspondence to atoll articles in the Land Act of 2002. These councils. amendments were passed in 2014 by a single Act entitled Act to Amend Certain Laws 6.3 26/2014, which specifically delineated that ALIGNMENT WITH OTHER the reason for these amendments were their EXISTING LEGISLATIONS incompatibility with the Decentralisation Act.288 The introduction of the Decentralisation Act represented a fundamental shift in the way Of the remaining twenty-two laws, five were the islands were governed in the Maldives. repealed in their entirety for various reasons. Although there was some devolution of Amongst the repealed laws, some laws such powers to appointed atoll and island chiefs as the Drugs Act 17/2011 were redrafted and (necessitated due to geographical distances passed again.289 286 Meeting with Abdulla Muizzu, former Attorney General. and the multitude of inhabited islands), 287 This information was provided by the what existed previously was mainly a strong Amongst the remaining laws, some have Attorney General’s Office to Transparency Maldives under a Right to Information re- centralised governance system. Despite the had amendments passed for certain articles quest. Detailed information on how these laws were conflicting was not attained. presence of central government officials on for various reasons. This includes the Public 288 Information provided by the Secretariat every island, there seems to be no formal Finance Act, the Maritime Vessels Act, and of the Parliament. Act available on: http:// www.mvlaw.gov.mv/pdf/ganoon/chap- involvement of communities in decision- additional amendments to the Land Act. terI/26-2014.pdf 289 It is unclear whether the redrafting making until the last decade leading up process took into account the conflicts to the Act, in the form of island and atoll Other laws of this initial list still remain with Decentralisation Act. 290 Unofficial translation of law titles. development communities. unamended in their original form despite contradicting with the Decentralisation Act.

TABLE 8 : LIST OF TWENTY-TWO LAWS CATEGORISED BY ACTIONS TAKEN [290] RELEVANT ACTIONS TAKEN LAWS IDENTIFIED BY AGO AS BEING IN CONFLICT WITH DECENTRALISATION ACT SINCE 1. Drugs Act 17/77 2. Law on obtaining clearance for vessels leaving Maldivian waters 61/78 3. Law on customs control of foreign vessels in local harbours 62/78 These laws were repealed (possibly for various reasons) 4. Law on foreign vessels without diplomatic clearance travelling and carrying goods in Maldivian waters 63/78 5. Law on wrecked vessels and beached vessels in Maldivian waters 7/96 6. Import Prohibitions Act 4/75 Amended due to conflicts: Article 2(e) amended and (f) added. Included in Act 26/2014. 7. Law number 4/68 (General Laws) 8. Law on uncollected goods and money 7/77

59 RELEVANT ACTIONS TAKEN LAWS IDENTIFIED BY AGO AS BEING IN CONFLICT WITH DECENTRALISATION ACT SINCE 9. Law on providing information about foreign fishing vessels sighted in Maldivian Economic Zone 20/78 10. Law on residency at inhabited islands 46/78 11. Law on print media 47/78 12. Law on demarcation of plot boundaries, construction with the boundaries and determining access to the land from roads in Male’ 54/78 13. Law on maritime vessels 69/78 14. Law on mining of sand, stone, and coral in inhabited islands 77/78 15. Law on dry-docking vessels in Male’ 84/78 16. Law on registration of births and deaths and issuance of birth and death certificates 7/92 Amended due to conflicts: Articles 3(a) and (b), and 4(a) 17. Law on found items from land and seas 8/96 amended. Included in Act 26/2014. Amended due to conflicts: 18. Law on uninhabited islands 20/98 Article 7 amended. Included in Act 26/2014. Amended due to conflicts: 19. Law on coconut trees on inhabited islands 21/98 Articles 2, 5(a), 6, 7, 8, and 9 20. Prevention and Prohibition of Corruption Act 2/2000 Amended due to conflicts: Articles 10, 21, 23(a) and (c), 21. Land Act 1/2002 28(a)-1, 29(a), 38(b), and 39. Included in Act 26/2014. 22. Public Finance Act 3/2006

Other laws in the above table have also seen Other interviewees hold that the amendments ratified over time. However, Decentralisation Act states that these Acts they were not related to any conflicts with are superior to the Decentralisation Act.295 the Decentralisation Act. This is in reference to the fact that the Decentralisation Act refers in particular to In 2015, the Local Government Authority the Public Finance Act and the Land Act, renewed efforts to identify laws still needing and specifically maintains that councils must amendment, this time with the assistance of be bounded by these particular legislations a Commonwealth consultant, and submitted in fulfilling their duties. Furthermore, these the resulting list to the Attorney General’s respondents point out that some councils Office.291 have managed to function well within the current legal framework. As previously stated, the Decentralisation Act mandated the government to amend Therefore, a complex and unresolved all contradicting laws within six months of issue has persisted, with the legislative passage of this Act. The efforts put in by wording in some articles implying that the various governments to address this are Decentralisation Act is inferior to these 296 criticised by some as insufficient to facilitate two key Acts, while another article in the 291 Information provided by Shammoon the work of councils.292 The main pieces of Decentralisation Act states that conflicting Adam, Director General. This is also mentioned in LGA Strategic Plan 2016- legislation that were highlighted as obstacles laws should be amended. Furthermore, 2020, p. 19. During this research, it was not possible to determine which laws to decentralisation by interviewees were the the Constitution has clearly mandated that were identified at this second review, Public Finance Act and the Land Act. These administrative regions of the Maldives shall nor the current status of these proposed amendments. laws were noted to restrict decentralisation be administered in a decentralised manner. 292 Interviews with Salma Fikry, MP Ali Hus- in the country and limit the powers of sain, Shammoon Adam, Ahmed Shihad, 293 UNDP. 2014. Maldives Human 293 councils. During the phone interviews with councillors Development Report 2014, p. 99, http:// hdr.undp.org/sites/default/files/mal- conducted for the research, the issue of dives_hdr2014_full_report_0.pdf However, during the interviews conducted inconsistencies in the legal framework 294 Interviews with Abdulla Muizzu, former Attorney General; Husnu Al Suood, former for this research, there were opposing was highlighted as a barrier to successful Attorney General; Ahmed Shihad, Head of views regarding how the current implementation of decentralised governance LGA Legal Department; Ali Hussain, Mem- ber of Parliament; and Salma Fikry, former legislative framework interferes with the in the country. Director of Community Development at Ministry of Atolls Development. Decentralisation Act. Some interviewees 295 Interviews with LGA CEO Mohamed Sha- point out that the laws do not have One specific question in the survey pertained feeq Mahmood and Financial Controller Fathimath Razeena. conflicting articles per se, but rather do not to the appropriateness of the Decentralisation 296 Such as Article 8 (g), or 23 (h), which state establish a framework conducive to allowing Law within the context of the Maldives and the responsibilities of atoll/island councils are to be in accordance with the land laws 294 decentralisation to flourish in full. whether the law is implemented in full. Of of Maldives.

60 the thirty-eight respondents, twenty-six 6.3.1 councillors noted that while Decentralisation PUBLIC FINANCE ACT Act is appropriate for the country, its effectiveness is hindered due to a lack of The Decentralisation Act gives the following implementation. finance-related powers and responsibilities to the councils. All twenty-six respondents individually cited that the main reason for the lack of The Act lists services that atoll, island and implementation was conflicting provisions city councils can provide and charge a fee for. with other laws. Practical examples cited According to the Financial Controller, atoll, included having to seek permission from the city or island councils do not have to send the Ministry of Housing for the use of land in money collected from the provision of any of their island, restrictions on the use of funds these services to the Ministry of Finance and that they raise by themselves and having Treasury. to obtain permission for tourism-related activities or for monitoring uninhabited The telephone survey conducted amongst islands in the atoll. the selected councillors asked councillors if they raised any funds, what methods they A third problematic Act that was identified used, and what their experiences relevant during the research is the Civil Service Act. to this were. Most of the councils reported Given the heavy emphasis by all respondents that they inform the MOFT of the money on the Public Finance Act, the Land Act, and that they raise but that they use the funds for the Civil Service Act, the issues in these three community development projects. The MOFT Acts are explored in detail below. is also aware that councils do not forward all the revenues and incomes they earn to the ministry.297

TABLE 9 : COMPARISON OF KEY ELECTION STATISTICS

CITY COUNCIL ATOLL ISLAND (BEFORE CITY COUNCIL POWERS AND RESPONSIBILITIES RELATED TO COUNCIL COUNCIL THIRD (AFTER THIRD FINANCES (FROM (FROM AMENDMENT AMENDMENT) ARTICLE 8) ARTICLE 23) - FROM ARTICLE 41) Manage the resources and finances of the people of the administrative division/island – Island / Atoll √ √ √ Plan and implement development projects and formulate the budget, with wide consultations – City Acquire, own, lease, give and invest in land, reefs and lagoons for economic and social use and own such Not included √ √ Not included investments in the name of the council Lease out and give lagoons and land for different purposes as mandated by the national authority for land management Not included √ in accordance with the Land Law and as per the island’s Land Use Plan For economic or social purposes, obtain and own movable and immovable assets and lease or give such assets √ √ √ √ maintained by the council to other parties, in the name of the council Seek loans from financial institutions, within the limits stipulated in this Act, to fund development activities, and to √ √ √ √ submit council assets as loan securities and create funds for other undertakings Create financial securities such as municipal bonds, bills and municipal securities, and trade such financial securities in √ Not included √ √ the stock exchange, to fund development activities Determine and collect fees for services provided by the √ (But services √ √ √ council and services provided through the council were limited) Make productive use of the reefs, lagoons and other natural √ resources of the island

297 Interview with Financial Controller Fathimath Razeena.

61 According to the Public Finance Act (Act • Private donations from businessmen: Such 3/2006), all funds received or earned by a funds have been used to start a library government office must be deposited into the by one council; another used these funds Consolidated Revenue Fund. Furthermore, to upgrade a school by building five extra if that office is located in an island where classrooms. Maldives Monetary Authority (MMA) is not located, then that particular government • In-kind donations: One council reported institution may use another bank where MMA that they were given an excavator by a operates a bank account, with permission private individual. from MOFT. If there is no such a bank on the island, then the Act allows discretion • Running cafés or shops: One council for alternative arrangements to be made if explained that they run a credit scheme sufficient security measures are in place.298 for civil servants via their shop as an extra In practice, the MOFT has instructed all atoll service. and island councils except for councils in Kaafu atoll to open bank accounts for that • Some council operate the powerhouses specific council. on their island and earn revenue from this. They also earn money from selling fuel. Once deposited into this public bank account, • Lease of construction equipment. funds can only be withdrawn under specific circumstances, which include: (i) As per the • Two councils noted that they operated annual budget approved by the parliament ferry services. (either as an expenditure or as a loan), and (ii) As per a trust statement from a trust fund • Fees collected from services provided or with specific permission by MOFT. In by the council. Some councils noted that addition, the finance minister may, with the this money goes to the Maldives Inland guidance of the central bank, withdraw from Revenue Authority (MIRA). One council this fund to invest any cash reserves that is noted that they have been informed to not needed immediately.299 send this money to MIRA but they have not yet done so and have been receiving Therefore, the options for a council to warnings about this. withdraw funds from the state budget are: (i) As per the parliament approved allocations • Fees collected from providing waste for that council for that year, (ii) With special management services. permission from the finance ministry, and (iii) Allocations made in case of an emergency. • One atoll councillor leased twenty-three The council is not entitled to any funds islands for rent in their first term. The that were contributed or raised by the atoll council distributed these funds to council directly after it is deposited into the all islands within the atoll. Leasing these Consolidated Revenue Fund account. The islands were reportedly a good source of terms of withdrawal from the account apply income for the entire atoll. However, the thereafter. custodianship of these islands was taken away from the council in 2013. The telephone interviews with the councillors for this report included questions about • Only one council reported receiving their experiences generating revenue and assistance from NGOs. utilising these funds.300 The list below notes the income generating activities cited by the With regards to managing funds, ten councils from 2010 until now. respondents noted that they opened or currently operate trust fund accounts.302 • By far the most significantly reported One respondent noted that this was the only source of income was rent. This was mainly way to access the funds that had been taken reported to be rent from either lease of by central government in 2009 (see Box 1). land or buildings to telecommunication Three other respondents noted that they are companies, or other users such as in the process of trying to open a trust fund police or colleges. Councils also rented account. out farmlands or apartments to skilled expatriate workers such as teachers or While many islands noted that income from doctors. One council reported that they rent to telecommunication companies was started with thirty land and now they had a source of income, some islands reported 140 land. This, however, seems to be an that they were unable to benefit from this exceptional case as not all councils owned same arrangement because the agreements land to rent. One council from a small in their particular cases were made before 298 Articles 11, 12 and 13, Public Finance. population reported that there was no the councils were formed. In such cases the 299 Articles 15, 16, 20, 22 and 23, Public demand for rented apartments or a café. central government had instructed that rent Finance Act. 300 Exact amounts of funds raised were not should be deposited to the MOFT. Four of asked nor were financial statements • Renting out of the atholhuge301 was noted the interviewees noted that they therefore scrutinised to verify information given. 301 The official residence of the atoll chief, as a good income source in the instances in collect this rent money and send it to the usually built to a higher standard with many rooms, dining and living quarters, which this was possible. Two atoll councils MOFT. Hence, such lease arrangements is and thus suitable to be rented out as a noted that these buildings were taken not consistent across the country and some guesthouse. 302 Since some councilors were in office from away from them. councils benefit more than others. 2011-2013, they are unable to confirm if the trust funds are still in use now.

62 6.3.2 infrastructure should be located in light of the LAND ACT natural fragility of the island or the spread of the population. The entire process is intended Another law that is frequently cited as a to be a consultative process as instructed in major obstacle for councils in exercising the guidelines and is to be done by a technical their powers and mandates is the Land Act team from housing ministry visiting the island 2002/01 and its associated regulations. This and consulting the community. Act states that all transactions regarding owning, selling, leasing, or any use of any land Prior to the Decentralisation Act, the IDCs in the Maldives will be will be decided by the played a key role in these island consultations, president based on the cabinet’s advice. providing input and also in engaging more members from the community to give In addition, the Ministry of Housing and feedback to draft Island LUPs. Following the Infrastructure (MHI) will then allocate land, passage of the Decentralisation Act, island based on government policy, for different councils now play the lead role and have purposes such as residential, commercial, engaged with the housing ministry team in social or government use or for environmental developing their respective LUPs. protection. According to the Act, any ministry that has been entrusted with land After the LUPs are approved, these plans for a particular use cannot use that land for are then used by both the council and the another purpose without permission from the government to allocate land for projects, housing ministry.303 housing, commercial establishments or social development. Deviations are allowed with The Land Act was written eight years before permission from the MHI. Communities are the Decentralisation Act and thus would not consulted on deviations, but the council have considered the centralised form of can provide their comments to deviations to governance that was in place at the time. This an approved LUP. is obvious in the terminology used throughout the Act, such as references to “land The Decentralisation Act gives the following allocated to different ministries” rather than powers to the atoll, city and island councillors considering the possibility of “land allocated regarding land management. Nevertheless, to government institutions”. atoll and island councillors are very much dependent on the central government, In order to ensure land is used more specifically the MHI, in developing their sustainably, the government has developed respective areas. and implemented a set of regulations for Land Use Planning (LUP). These guidelines take The Land Act states that the president into consideration factors such as separating shall allocate land for different purposes industrial areas and residential areas, creating and further states that the president shall specific areas for agriculture activities, determine all policies regarding land in allocating unused land area for future use, and consultation with the cabinet.304 In July 2014, 303 Articles 3-9, Land Act. 304 Article 33, Land Act. determining where major community or utility the Housing Ministry issued a circular to all

TABLE 10 : POWERS AND RESPONSIBILITIES OF COUNCILS RELATED TO LAND MANAGEMENT

CITY COUNCIL ATOLL ISLAND (BEFORE CITY COUNCIL POWERS AND RESPONSIBILITIES RELATED TO LAND COUNCIL COUNCIL THIRD (AFTER THIRD MANAGEMENT (AS PER DECENTRALISATION ACT) (FROM (FROM AMENDMENT AMENDMENT) ARTICLE 8) ARTICLE 23) - FROM ARTICLE 41) Acquire, own, lease, give and invest in land, reefs and lagoons for economic and social use and own such √ √ investments in the name of the council In the event that a person’s land has to be acquired in the interest of the public, acquire such effects after giving it a √ √ fair and just compensation to the owner Open or close temporarily or permanently, roads, parks or √ √ public squares of islands For economic or social purposes, obtain and own movable and immovable assets and lease or give such assets √ √ √ √ maintained by the council to other parties, in the name of the council Foster the growth of tourism, fisheries, agriculture and other industries in the respective administrative division in √ accordance with legislation in the Maldives Make productive use of the reefs, lagoons and other natural √ resources of the island

63 councils to seek the president’s permission allocated land randomly to parties they before leasing state lands, in reference to the maintained a close personal relationship Land Act.305 with. However, a majority expressed their disappointment that the Land Act was not Since the Maldives Land and Survey Authority amended to allow more power to councils to was formed in 2011, LUPs are issued by determine land allocations and to use land the authority. Despite the passage of the to earn revenue for activities. Some cited Decentralisation Act and even though each the procedures of seeking permits as a major island has an authorised LUP, the system of challenge to their work. granting authorisation for ad hoc land usage requests remained unchanged. 6.3.3 CIVIL SERVICE ACT However, in order to reduce ad hoc requests for land usage, in 2008 the government A third issue that was frequently highlighted inaugurated a system whereby all island during the research was the staffing offices are required to submit a request for guidelines that is imposed upon the councils how much land they will use in that year. This because of provisions in the Civil Service Law. request is to be submitted with details of This law provides little scope to councillors which plots they require, where and for what in hiring and firing civil service staff. The purpose. subsequent problems that emerged thereof were highlighted by respondents. The Act This was included as part of the regulations itself was passed in 2008, when the draft under the Land Act. This annual upfront Decentralisation Act had not even been land request is known as ‘bimuge budget’ submitted to the parliament. (land budget). The MLSA then approves or comments on the request. Additional The Civil Service Act envisions a civil service requests for land can still be submitted by that works in an apolitical environment councils throughout the year and these that is not influenced by partisan issues, requests are also accepted and processed by maintains professionalism, and is accountable the MLSA. According to the regulations, it is to the government.309 As such, the hiring, expected to be prepared in consultation with firing, transferring, promoting, demotioning, the community. disciplining and evaluation of all civil service staff in the country is entrusted to the The MLSA has travelled to communities in Civil Service Commission (CSC).310 These the past to educate councils and their staff on responsibilities are managed by delegating best practices regarding land management. them to the most senior civil servant in the In their experience this is an area that needs atoll and island offices across the country, for more capacity building, which is an issue that the sake of efficiency and due to the widely could possibly be addressed through the dispersed nature of the Maldives. The post CSTI.306 of the most senior civil servant in the atoll and island offices is known as Zimmaadhaaru Friction has occurred when councils proceed Isveriyaa (ZV) or Director/Director General.311 to lease land for different purposes without The ZVs possess the highest authority in obtaining the required permit from the making decisions regarding civil servants, MLSA. This is a frequent occurrence and whilst councillors are responsible for taking councils often cite that they interpret that the decisions regarding finances, activities and Decentralisation Act gives them the power to projects. do so.307 The Decentralisation Act also reinforces that The MLSA has recently worked to redraft the the ZV is to be appointed by the CSC,312 but 305 Minivan News. 2014. Councils ordered to Land Act. This work includes redrafting and in consultation with councillors. Neither the seek president’s permission before leasing combining a total of eighteen land-related Civil Service Act nor its regulations have been state lands, https://minivannewsarchive. com/news-in-brief/councils-ordered-to- laws into a single Act. This work is now amended to incorporate such a consultation seek-presidents-permission-before-leasing-state-lands-88133 nearly complete, and the Authority expects process or provide instructions on how 306 Meeting with Mohamed Shafy (Director to submit the bill to the parliament in 2018. consultations should proceed with regard to General, Maldives Land and Survey Authority), Ibrahim Areef (Land Officer, Under this Act, the Land Act will be changed. appointments and dismissals. Maldives Land and Survey Authority), However, the main power distribution Aishath Ibadhaa (Legal Assistant, Mal- dives Land and Survey Authority). between the central government and local According to the CSC, they consulted with 307 Information given by Ibrahim Areef (Land Officer, Maldives Land and Survey governments with regard to land management councillors elected in 2011 in developing the Authority) and Aishath Ibadhaa (Legal has not been proposed to be changed in the initial organisation structure for island and Assistant, Maldives Land and Survey 308 Authority). Also noted by the Attorney draft bill. atoll council offices, which is used to hire General’s Office. personnel.313 Furthermore, human resource 308 Information given by Ibrahim Areef (Land Officer, Maldives Land and Survey In the telephone interviews conducted for issues within the institution are also guided Authority) and Aishath Ibadhaa (Legal Assistant, Maldives Land and Survey the research, the experiences of different by a Human Resource Management and Authority). councillors in land management and Development Committee (HRMD) that is 309 Article 5, Civil Service Act and Article 7, Civil Service Regulation. utilisation vary. Some councillors report good to be established within each institution, as 310 Article 37, Civil Service Act. relations with the MHI while others report per the CS regulations, with the ZV taking 311 Article 25 (c), Civil Service Regulation. In the case of Male’ City Council, the most difficulties in accessing ministries in general. the final action based on the committee’s senior post is the Secretary General. 314 312 Article 129. One councillor expressed a preference for advice. A councillor can be a member of 313 Interview with Abdulla Saeed, Director the current system of land management in this committee but only as an observer with General, Civil Service Commission. 314 See Chapter 4, Civil Service Regulation comparison to when atoll or island chiefs no voting power. for HR management and development committee. 64 While an independent and impartial Civil Therefore, councillors have no official say Service is crucial, some issues arise with the in influencing the number of staffs they current setup: have, the persons selected as their staff, and in replacing any staff. Similarly, changing 1. The elected councillors have no say in the council office structure is a significant the selection of personnel that they are exercise with huge budgetary consequences. required to work with. In 2010 when the Decentralisation Act was 2. A more significant issue noted by ratified, and the post of the island and atoll interviewees was that there is high chief was made redundant, the government discord between ZVs and councillors in transitioned these public officials to senior many island and atoll councils.315 Some posts within the civil service so as to not let noted that this has been a persistent and any of these long-serving employees become unresolved issue across the country since redundant. 2010. Those who had been selected for the position The first issue contributes to lack of of island chief had usually been from that resolution of the second issue; the friction respective island, unlike the atoll chief who between the ZV and councillors and the was not necessarily selected from the atoll inability of councillors to address this issue served. Thus, those who had served as themselves. previous island chiefs for that island were mostly transitioned to the post of ZVs to With regards to the first issue above, the the renamed island/atoll council offices situation is not unique to local councils. In all (previously island/atoll offices). government offices staffed by civil servants, the CSC approves the organisation structure Of the 38 telephone interviews conducted of the office and permission to hire staff for this study, 15 councillors noted that is sanctioned by the MOFT depending on one of the challenges they faced was vacancies within an approved organisation working with their ZV. In addition, two atoll structure. councillors noted that although they have not experienced this personally they have Ministries and state institutions will observed this issue within their atolls. oversee their own hiring process and follow The interviewees offered the following termination in line with civil service laws reasons to explain this friction: and regulations and the Employment Act. In addition, the CSC has introduced a regular • A large age gap and entailing differences performance appraisal system which is used in mind-sets and preferred approaches for promotions within the civil service. between ZVs and councillors. 315 Interviews with Ahmed Shihad (Director, Head of Legal Department, LGA), Mo- hamed Naseer (Director, Training Depart- ment, LGA), Shammoon Adam (Director This same procedure happens in a council • ZVs tend to be less educated and less General, LGA), Ali Hussain (Member of office when councillors decide they want computer literate, which makes them Parliament), and Abdullah Saeed (Director General, Civil Service Commission). to hire new staff. The ZV will oversee the difficult to work with. 316 Article 35(a), Civil Service Regulation. announcement and interviewing process. 317 For example, the current Thaa Atoll Coun- cil President noted that they did not face However, if the vacancy is for the post • ZVs are not well-versed in current best any issues in their Atoll Office but noted that he observed this issue amongst many of the ZV, then the CSC will oversee the management practices and lack the desired island councils within the atoll. appointment of these officers.316 financial skills that councillors expect of them. TABLE 10 : EXTRACTS FROM THE RELEVANT ARTICLES FROM THE DECENTRALISATION ACT, THE CIVIL SERVICE • Differing political inclinations of ZVs and ACT, AND THE CIVIL SERVICE REGULATIONS PERTAINING councillors often lead to conflict. TO THE MAINTENANCE OF HUMAN RESOURCES OF THE LOCAL COUNCILS. ZVs lack political aptitude because they had previously been involved only in the municipal affairs of their island, whereas LEGISLATURE EXTRACT OF RELEVANT ARTICLE councillors consider issues from a broader Civil Service Commission Act 2008, “The Civil Service Commission has all political viewpoint. This subsequently results Article 37 power to appoint, dismiss employees in differences in priorities and manner of of the Maldivian Civil Service and to dealing with community issues. It must also transfer them from one employment be noted that this issue is not faced by all to another” council offices and not all ZVs fit this profile. Some noted the ZVs are very supportive and Civil Service Commission Regulations, “… the absolute authority to source efficient.317 Furthermore, some councillors Article 74 (a). and recruit employees, job transfers who initially faced this issue note that promotions and dismissals shall lie differences between councillors and ZVs have with the Civil Service Commission”. been resolved over time. Decentralisation Act 2010, Article “The Civil Service Commission will 130 (a) in consultation with the councils, The LGA highlighted that they had tried assign positions, appoint and dismiss to remedy the aforementioned issue staff, who work in the administrative by consulting with the CSC but thus far offices of the atoll councils, the island the hiring and firing practices remain 318 councils, city councils and the ward unchanged. The CSC continues to adhere offices…” to the Civil Service Act, which calls for an

65 independent and impartial civil service. ADMINISTRATIVE However, a circular was issued by CSC in DECENTRALISATION October 2017 stating that all high-ranking civil servants must possess a minimum With pertinence to administrative educational qualification of diploma decentralisation, councillors report that certificate by June 2019 (i.e. within twenty some functions have been passed to them months) if they wished to continue in their that were previously available only from position.319 The stated purpose of this was to authorities in the capital. This included improve the quality of services offered and obtaining national identity cards or registering to improve the standard of the managerial marine vessels. Councils can now issue workforce within the civil service as a marine-related safety certificates and whole. This may eventually have an impact business-related permits. Island councils also in local councils as well because unqualified currently register births and deaths, though individuals leading council offices will this function had previously been carried out eventually be replaced with those with the by the island offices as well. necessary qualifications. According to the arrangement that is Councillors interviewed for the research currently in place, local councils act as were asked their opinion on the level of intermediaries for applicants residing in an cooperation by civil service staff in general. island and submit the respective application The responses to this question ranged from forms to the relevant ministry, which in turn being highly supportive to being very difficult. sends the requested document/licence/ Reasons for difficulties included that some certificate to the council for the applicant to long-standing civil servants were used to the collect.322 previous system and were not familiar with modern administrative methods, or that they Councils also have the legal authority to were not reporting to the councillors directly. issue land plots after fulfilling the procedural Councillors also cited systemic difficulties requirements listed in the Land Act and its such as the low salary for civil servants related regulations. In addition, councils making these jobs unattractive to more report that they manage mosques (which competent persons, and the long processes also includes attending to burial services) involved in creating new positions and and pre-schools (baby nursery only) and announcing for vacancies. have municipal obligations as per the Decentralisation Law. However, it was also According to the CSC, councillors always noted that decisions regarding administrative have an avenue to address a serious concern responsibilities are haphazard and often regarding civil service staff by directly lodging reversed. For instance, in 2016 they were an issue with the CSC either in writing or informed that affairs related to mosques are requesting a meeting with the commission. no longer to be handled by councils and that In addition, the CSC framework allows permissions and permits are to be given by councillors to raise these issues in the HRMD the Islamic Ministry instead.323 committee.320 When asked whether councillors could Most island councils reported that they had identify other services that local councils between three to five staff while atoll councils could assume responsibility over, the reported that they had between 20-40. One respondents suggested the following as areas atoll council reported that there were forty- in which councils could play a larger role: seven staff currently in office. The CSC is currently testing a new system whereby each • Managing affairs relevant to uninhabited civil servant is trained to multi-task and to islands within their respective atolls, undertake a variety of functions rather than especially with regard to custodianship and be specialised in one area. Termed as ‘hybrid leasing to private parties. Currently atoll model’, it is currently being tested in Raa atoll councils are not always informed when an and is only started very recently, primarily uninhabited island is leased to a private to address the difficulties faced by island party and, therefore, cannot distinguish councils with less staff.321 who have lawful access to the island from trespassers, and consequently they cannot 6.4 report this information to the police should 318 Interview with Shamoon Adam, Director LEVEL OF ADMINISTRATIVE, the need arise. This was highlighted as a General, LGA. POLITICAL AND FISCAL security concern. 319 Civil Service Commission. 2017. Circular 13/2017, http://www.csc.gov.mv/v3/ DECENTRALISATION wp-content/files/2017/circular/Circu- • Island councils being given more authority lar_2017-13.pdf 320 Meeting with Abdullah Saeed, Director As explored in Chapter 2, decentralisation over the procedures for land approval. This General, Civil Service Commission. 321 Ibid. encompasses political, administrative, and will require amendments to the current 322 Information given by Assistant Municipal fiscal decentralisation. The Maldives has seen system. Services Officer of Th. Veymandoo Coun- cil, Hamid Moosa (civil servant for 15 mixed progress with regard to these several years in the island administration office). types of decentralisation. • Island councils being given the authority 323 The following was cited as an example that occurred after this change was to issue national identity cards. One implemented: When an island wanted to hire a new staff for their mosque, three councillor from an island with a small staff from the Ministry in Male’ came to population noted that they do not the island to conduct the interview of the candidate who had applied for the job. currently have the authority to do this and Previously, this would have been attended to by the island’s council staff.

66 have to send applications to the closest they were not involved in the drafting stage island with a larger population that has the of laws and regulations, even in ones that authority to issue such documentation. directly concern them. Relevant examples This was suggested to be changed. that were given included the amendments to the legal framework that reduced the number POLITICAL DECENTRALISATION of councillors and lowered the population requirements of an island for it to be Political decentralisation refers to the level considered a city. However, some councillors of community involvement in decisions that stated that in the earlier years the LGA had affect them. To gauge the extent to which this given them the opportunity to comment on type of decentralisation has been achieved draft regulations (for instance, regulations in the Maldives, this research enquired into issued by the LGA to councils) prior to their how involved councillors were in the decision- issuance, but such opportunities were no making of the state and also the extent to longer presented by the LGA. which councillors themselves involved the community. The Decentralisation Act requires councils to be open and transparent. Specific measures in In the telephone survey, councillors were the law include requirements to hold biannual asked two separate questions: firstly, open public meetings (by island councils), whether they were involved in policy-making prepare five-year development plans with and designing projects and programs; and community consultations, publish financial secondly, if they were consulted in the information and transactions (including any drafting of regulations or legislation that contract work), and publish financial plans affect communities directly. relevant to development plans.

The responses of councillors regarding the During the interviews, both atoll and island extent to which the central government councils were asked questions regarding involved councillors in policy making and their experiences with holding community project planning was mixed. Some island consultations. With the exception of one and atoll councillors reported that such island council, all island councils reported that consultations occurred whereas others they do hold the biannual public meetings responded negatively. specified in the Decentralisation Act. The council that failed to hold these meetings in There was no obvious trend in these accordance with the Act stated that they only responses with regard to the political managed to hold one meeting during their composition of a council (i.e. whether or not three-year term and that their predecessor its majority was comprised of the ruling or also had trouble arranging community an opposition party) and with regard to the meetings. population size of the island. In the interviews, the councils also shared The following are some comments made by further information on their experiences with councillors in response to questions relevant holding community consultations: to how much the central government involved them in the planning of development projects: • Reported attendance at these open public sessions ranged from approximately Regarding the involvement of councillors thirty people (Fuvahmulah and HDh. in policy-making, all councillors stated that Nolhivaranfaru) to eighty (Sh. Funadhoo).

TABLE 12: SUMMARY OF RESPONSES FROM TELEPHONE INTERVIEWS REGARDING INVOLVEMENT OF COUNCILS IN DEVELOPMENT PROJECT PLANNING BY THE CENTRAL GOVERNMENT

POSITIVE RESPONSES NEGATIVE RESPONSES

Some councils gave examples of projects for which Some councils elected in 2014 noted that in their consultations had been carried out and incorporated. case, the councils were not consulted prior to This included infrastructure development projects the commencing of major development projects. for SAARC summit in Fuvahmulah and some housing Examples were the Laamu link road and a land projects in other islands. reclamation project in Muli.

Harbour projects were also noted to take community At best they were involved as a monitoring agency feedback into account. only or given the EIA for commenting purposes. These councils felt that this was insufficient level of involvement.

Some councils noted that their five-year development plans are not incorporated or looked at all by the central government.

67 However, all councils felt that this was a Hulhudhoo-Meedhoo. The same low level of attendance. Many respondents information is repeated in all three noted that the turnout at such meetings locations to ensure more of the population were much higher in previous years in is reached and to make council meetings their islands than is the case currently. more widely accessible. The council has six One councillor offered the opinion that separate meetings that a general member attendance also depended on the agenda of the public can attend throughout the of the meeting. For instance, attendance year. They reported an overall satisfactory is higher when immediately salient issues attendance. This council also maintains an of the community – for example, a waste active website that is regularly updated. management scheme – is on the agenda. The performance index award given by the • A councillor from HDh. Hirimaradhoo LGA includes five components that analyses (who was serving his third elected term) the extent of community participation in noted that they have a public meeting decision-making and measures councils on every time they use community funds and their transparency. For instance, one area have now completed a guesthouse and a into which the ‘adherence to law’ component children’s park using these funds, with the enquiries into is whether councils hold public community’s support. consultation meetings. The information on how many councils hold this meeting is not • A councillor from HDh. Kulhudhuffushi published separately in the report. noted that they faced the challenge of consulting a very large population. For the ‘participation’ component of Given that they do not have a venue to the index, there are ten separate sub accommodate a large group of people components, which includes efforts made by at the same time (and even if they did, councils to engage with separate population the resulting audience would be too groups such as the elderly, women, and large for a meaningful consultation), they NGOs. Thirteen atoll councils completed decided to explore alternative methods this part of the survey. The highest scoring for consultation. For example, they once atoll for participation was Thaa atoll with selected and trained twenty high school a score of 0.537 (where 1.0 is the highest students to conduct an opinion survey score and 0 is the lowest score).324 The and consulted 2,000 persons in the island, average participation score for the remaining including prominent businessmen and atolls was 0.10. The highest score for island other selected stakeholders. This was how councils in this category was attained by Sh. information for the five-year and ten-year Milandhoo with a score of 0.343 (107 island business development plans was collected. councils did not report this information).

• A few councils noted that they use The results of this particular component social media to constantly update their need to be dissected further to understand community on the activities of the council, whether the lack of desired outcome is due and to allow their community members to councils not making enough effort or to give feedback. Some councils maintain because of communities’ lack of interest in active social media accounts. being involved beyond elections. The results of the 2017 index are also not yet published • Some councils, particularly those in large at the time of reporting and it is critical that islands such as Fuvahmulah and Gan, noted this particular component continues to be that they do not receive support from their included in the performance index. communities. Furthermore, they felt that their communities did not understand the The central government needs to ensure value of these meetings. the general public is sufficiently consulted, particularly during the initial stages of • There have been some exemplary formulation of a project, in order to avoid actions by some councils to involve their possible scope changes during the course of communities. For instance, HA. Dhidhdhoo the project. Furthermore, this is important enabled a livestream of their community in order to know and understand the needs meeting so that those who were unable of the public so that these inputs can be to attend in person could also view the embedded into the designs. meeting. According to the councillor, 400 people viewed the meeting and the council FISCAL DECENTRALISATION also published a transcript of the meeting afterwards. Similarly, a councillor from F. With regards to fiscal decentralisation, the Nilandhoo interviewed for this research Decentralisation Act states that the central said that they had placed five televisions government must give a general grant to displaying information relevant to their each council every year, based on a clearly council in different locations across the identified list of factors that includes, island. amongst other things, economic and social rights of all citizens. Councils are also given • Addu city council always have their the right to charge fees for the services they biannual meeting in three locations: provide, lease out assets and seek loans from

Hithadhoo, Maradhoo-Feydhoo, and financial institutions. Councils can also run 324 Local Government Authority. 2016. Council thakuge ranking 2016, p.24.

68 businesses and compete with the private some riding on the success of community sector to raise revenue. Both the constitution savings that councils inherited from years and the Decentralisation Act provide a of hard work by their communities. These framework for fiscal independence. savings have been well-managed and are accessible to the councils. A review of the decentralisation framework in the Maldives carried out by UNICEF Respondents who contributed for this report in 2013325 stated that “substantial fiscal were critical of the progress made over the autonomy” was given in the legislative past years in terms of fiscal decentralisation. framework. However, the report concluded The current fiscal grant was considered that island councils were “financial and insufficient to carry out development projects fiscally disempowered, even more so than the beyond administrative running expenses.327 preceding island development committees”. The 2013 UNICEF report noted that 80 per Reasons for this assertion include that while cent of councils’ budget had to be allocated almost all island councils did collect some for the salaries of civil servants.328 revenue, mainly through land rents and registration fees, the MOFT had instructed One-third of the councillors interviewed these councils to transfer the rent money said the grant given by the government was to the ministry. The authors of this report insufficient and cited this as a major challenge concluded that this contradicted with the to their work. They also said that the centrally Decentralisation Act. The UNICEF report determined salaries for the civil servants were also showed that some island councils too low and thus they were not always able to transferred this money while others did attract the most skilled and experienced staff. not. The report also noted that the savings Other interviewees noted that no government of some communities were frozen by the administration in the Maldives has truly state (as discussed in Box 1). Furthermore, given sufficient financial power, beyond business ventures planned by the council administrative support, to councils. were halted due to the long procedures in place to approve the necessary policies and The majority of local councils in the country regulations regarding these ventures. seem to be caught between limited revenue generation avenues and dependency on small The interviews conducted for this report government grants. show similar findings. Some councils still have been unable to access their frozen The current approach to state budgeting is community funds. There are inconsistent land very much controlled by the parliament and agreements made with third parties, notably to an extent by the executive, depending on with telecommunication companies, where the ruling party’s control over the parliament. some councils retain this rent money, and In this regard the ruling party is then able some send the money to the MOFT, the cited to initiate development projects, prioritise reason being the date the lease agreement particular projects closer to elections and was made. allow for selected people to benefit from such projects. There has also been experiences of regression in revenue generation. One atoll councillor According to the Organisation for Economic reported that their council had leased off Co-operation and Development (OECD), twenty-three uninhabited islands in the atoll fiscal decentralisation is difficult to measure at one point, which was used to generate a and while most empirical studies focus on high amount of revenue that was distributed the share of central government spending to island councils within that atoll. Then in or revenue as a percentage of total state 2013, the lease rights of all these islands were budget, this is a misleading picture as this taken away. Other examples include some does not determine the fiscal decision-making atoll councils being asked to hand over the power of councils. It is argued by OECD that atholhuge326 premises. this decision-making power is ultimately more important and consistent with the As demonstrated in Section 6.3, councils true concept of fiscal decentralisation. A

325 UNICEF. 2013. Study on Decentralisation reported that they faced challenges in raising suggested alternative measure is to enquire Process in the Maldives with references funds for reasons such as not all councils have into the councils’ taxing power, specifically to the impact on services to children, https://www.unicef.org/maldives/me- land, islands, or reefs to lease. The biggest how much discretion they have to levy, dia/256/file/Study%20on%20the%20 Decentralization%20Process%20in%20 frustration was experienced in the challenges implement and retain taxes as a source of the%20Maldives.pdf in acquiring land under the council’s name and steady revenue, for financial stability and 326 Accommodation blocks, initially used 329 by former atoll chiefs, were built of high the procedures that were necessary as per fiscal independence. standards and thus were a source of the Land Act and its regulations. revenue generation for atoll councils when leased as guesthouses. If there is keen political will to speed up fiscal 327 Interview by Ahmed Shahid, Head of Legal Department, LGA. Councils from smaller islands face challenges decentralisation in the country, then a clear 328 UNICEF. 2013. Study on Decentralisation of not having enough demand for services strategic plan for fiscal decentralisation will Process in the Maldives with references to the impact on services to children, such as guesthouses or cafés (similar to those be necessary and it is important that this is https://www.unicef.org/maldives/me- faced by any private sector operator). This is compiled in a participatory manner. Such a dia/256/file/Study%20on%20the%20 Decentralization%20Process%20in%20 also noted in the 2013 UNICEF report. plan must also address the needs of various the%20Maldives.pdf 329 OECD. 2013. Measuring Fiscal Decen- However, some councils have managed to categories of councils, for instance smaller tralisation, p. 50, http://www.oecd.org/ successfully generate funds, some with the councils with a limited consumer base, or governance/public-finance/measuring-fiscal-decentralisation-concepts-and-pol- help of various land plots in their name, and those who are already earning revenue icies.htm

69 and need training in funds management 6.5 and investment. The strategic plan should CHALLENGES FACED BY LOCAL prioritise resolving inconsistencies in lease COUNCILS agreements and to assist with unfreezing community funds. Unless councils are given One primary objective of this review was the space to earn revenue and retain this to identify the challenges faced by local revenue, the ultimate budgetary result of councillors in the current framework. The decentralisation would only be additional following table lists identified challenges, costs (for example in terms of salaries of grouped into those that were noted by councillors). councillors themselves and challenges that were identified by other interviewees.

TABLE 12: CHALLENGES AS NOTED BY DIFFERENT RESPONDENTS

CHALLENGES NOTED BY COUNCILLORS (IN CHALLENGES NOTED BY OTHER INTERVIEWEES: TELEPHONE INTERVIEWS): Lack of civil service staff in councils. Lack of human resources in island councils. Some island councils have only three staff, and sometimes even they are incompetent. Lack of support from civil service staff. Reported Lack of cooperation between civil servants and facing issues such as breach of confidentiality and councillors at times. having to contend with irresponsible and incompetent staff. Friction in working with the ZV. Not all staff are willing to do the municipal work that is required to be done (such as overseeing waste management sites). Lack of training opportunities. Not familiar with laws High level of friction between ZVs and councillors. and council mandate. Some councillors noted that their first term was Councils do not have sufficient budget. Grants from difficult, but they learned while on the job and were the government only cover salaries and running costs. more confident during their second term. They noted that new councillors will also face this issue and will require proper guidance and training. Limited financial resources allocated by the state. There are conflicting laws and mandates (in other institutions) which are not yet resolved. There are too many restrictions when councils try to Councils are not empowered to the extent envisioned raise own revenue (such as getting permits for land or in the Decentralisation Act. business). Lack of resources, including finances, to implement Some councils do not know how to generate income development plans. through resources. Some councils do not have access to funds that they Some islands have inherent development challenges. had previously raised themselves. The type of challenges vary: for example, some islands may have a high drug abuse problem, some communities may have a strong desire to relocate, and some islands suffer from severe erosion). Procedures in the Land Act and regulations contradict There is too much party influence in the work of local with Decentralisation Act. councils. Some councillors noted that it was difficult to draft Three years is too short for a council deliver their own five-year development plan as there is meaningful results. no national development plan they can align this with. They further noted that in instances where local councils did prepare development plans, the government did not give any support or refer to these plans. Difficult relationship with LGA. Not enough technical information is made available to councillors regarding how to do their job (land management, for example). Slow process to get approvals and permits from Civil servants are sometimes asked by councillors to ministries. conduct illegal procedures, resulting in conflicts and standoffs. Lack of authority, at times, to implement the development plan prepared by councils.

70 71 72 CHAPTER 7. OTHER CHALLENGES FOR DECENTRALISATION AND WAY FORWARD

73 74 CHAPTER 7: OTHER CHALLENGES FOR DECENTRALISATION AND WAY FORWARD

In 1971, the Maldives was grouped amongst development, there are also some social the Least Developed Countries of the UN, issues arising from congestion (particularly in which comprised of countries with a GDP the urban islands) and inhumane treatment of US$100 or less.330 By 1995, the Maldives of these workers by their employers. Another recorded the highest GDP per capita among issue is that the true number of expatriate South Asian countries.331 The World Bank workers in the country is unknown,340 making has referred to the economic growth in the it difficult for accurate planning to be done Maldives as a “development success story”,332 for municipal and development plans at the highlighting in particular that in the 1980s national and local levels. it was among 20 of the poorest countries in the world and now, in 2014, is a middle- The Maldives lacks a long-term national income country with a per capita income of development plan or strategy. If the US$7,600. government does endorse such a plan, there 330 UN. LDCs: Historical Background, http:// www.un.org/events/ldc3/prepcom/ is no legal obligation by the government or history.htm However, this economic and social progress state institutions or a subsequent government 331 Asian Development Bank. 2015. Maldives: Overcoming the Challenges of is not uniformly spread throughout the to adhere to it. a Small Island Development State, p. 1, nation.333 The geographical formation of the https://www.adb.org/sites/default/files/ publication/172704/maldives-overcom- islands and the thin spread of the population Thus, a consequence of change of ing-challenges-small-island-state.pdf 332 World Bank. 2016. Country Context, to dispersed communities create significant government in the past ten years is the http://www.worldbank.org/en/country/ challenges to development. The resulting adoption of development policies that maldives/overview 333 World Bank. 2016. Country Snapshot, high costs involved in providing infrastructure are fundamentally at odds. For example, http://documents.worldbank.org/ curated/en/547601476772013083/ and social services led to an uneven access the current administration has an overt Maldives-Country-snapshot; President’s to basic services such as healthcare and policy of centralisation despite efforts at Office. 2013. Income disparity between 334 the rich and poor has increased in the education. decentralisation by the previous government. Maldives: President Waheed, http:// This creates a difficult environment for presidencymaldives.gov.mv/Press/ Article/8551 With the development of tourism in the councils to develop their five-year plans. 334 Ministry of Planning and National Development. 2001. Sixth National central atolls and the expansion of higher There is also a hesitancy by the private sector Development Plan 2001-2005, p.8; education in the capital, significant migration to invest in islands outside of urban areas World Bank. 2000. Memorandum of the President of the International flows started from other islands to the capital. or large population centres, when future for Development Association to the Executive The census of 2014 reported that 44 per cent these islands is uncertain. Directors on a Country Assistance Strategy for the Republic of Maldives, of Maldivians had at one point migrated to p. 5, http://documents.worldbank.org/ curated/en/698401468774708207/ another island, and of these the majority had Political tensions in the country are now pdf/multi-page.pdf moved to Male’.335 escalating again, as the presidential election 335 UNFPA. 2016. Maldives’ Population Dynamics: Policy Prospects for Human of 2018 approaches. International authorities Growth and Opportunity, http://statis- These internal migratory trends have resulted have also expressed concerns regarding the ticsmaldives.gov.mv/nbs/wp-content/ 341 uploads/2016/07/Population-Dynam- in intractable issues within the capital, arrests of politicians and parliamentarians. ics-Report.pdf 336 Maldives Independent. 2015. Population including congestion, rising rent prices As the Maldives completes a decade of multi- consolidation keystone of 2016 state and increasing urban poverty. The current party elections, the country has significantly budget, http://maldivesindependent.com/ politics/population-consolidation-key- government has repeatedly announced its regressed in some areas used to measure the stone-of-2016-state-budget-119844; plans to develop Hulhumale, a reclaimed strength of a democracy, such as freedom of Minivan News. 2015. President Yameen 342 calls on youth to relocate to Hulhumale, island that is also a suburb of the capital expression and freedom of the press. https://minivannewsarchive.com/politics/ president-yameen-calls-on-youth-to-relo- island, and to relocate 70 per cent of the atoll cate-to-hulhumale-92174 population to this island.336 337 Asian Development Bank. 2015. Maldives: Overcoming the Challenges of a Small Island Development State, p. 1, Currently Male’ city council is not involved https://www.adb.org/sites/default/files/ publication/172704/maldives-overcom- in the municipal affairs of this island and all ing-challenges-small-island-state.pdf 338 UN. 2015. Issues Facing Small Island development and municipal activities are Developing States, https://www.un.org/ undertaken by a public corporation. press/en/2015/sc11991.doc.htm 339 MMA. 2013. The Expatriate Workforce: The Maldives also currently faces issues Boon or Bane?, http://www.mma.gov.mv/ and challenges to growth that are inherent documents/Quarterly%20Economic%20 Bulletin/2013/QEB-Q4-2013-Article2. to other small island developing states pdf 340 Ibid.; HRCM. 2009. Rapid Assessment (SIDS). These include: being vulnerable to of the Employment Situation in the external economic and financial shocks whilst Maldives, p. 15, http://hrcm.org.mv/ publications/otherreports/TheEmploy- maintaining an open economy; over-reliance mentSituationintheMaldivesEng.pdf on tourism and fisheries; high internal 341 PGA. 2018. PGA Concerned about Repeated Violations to Human Rights transport costs; and lack of arable land for and the Rule of Law in the Maldives, http://www.pgaction.org/news/pga-con- agriculture. In addition to these, all countries cerned-about-repeated-violations-mal- now face the consequences of climate dives.html; EU. 2017. Joint statement on the situation in the Maldives, https:// change, and some SIDS such as the Maldives eeas.europa.eu/delegations/sri-lan- are uniquely vulnerable.338 ka_en/30384/Statement%20on%20 the%20situation%20in%20the%20 Maldives; OHCHR. 2018. Rule of law under siege in the Maldives, http://ohchr. Another challenge that the Maldives is now org/EN/NewsEvents/Pages/DisplayNews. facing is the growing number of expatriate aspx?NewsID=22650&LangID=E 342 Reporters Without Borders. 2016. RSF workers in the country. Currently there is calls on Maldives to stop dismantling approximately one foreigner for every four critical media, https://rsf.org/en/news/ rsf-calls-maldives-stop-dismantling-crit- locals. While these workers contribute ical-media; Freedom House. 2017. https://freedomhouse.org/report/free- significantly to the economic growth and dom-press/2017/maldives

75 76 CHAPTER 8. CONCLUSION

77 78 CHAPTER 8: CONCLUSION

Decentralised governance and elected local in conducting day to day activities. This councils were established in the Maldives issue was particularly pronounced for the during 2008 to 2010, with the ratification councillors who won the initial round of local of the Constitution, the passage of relevant council elections. legislation (chiefly the Decentralisation Act) and the inauguration of the local council In terms of access to services, there have elections. This was the culmination of many been some improvements. A few government years of effort for democratic reforms, services can now be easily obtained by entailing much community consultations, communities because they can go through research and political debate. the relevant council office rather than having to travel to the capital city, as was the case The ultimate objective of a decentralised previously. administrative governance is stated in the Decentralisation Act, which is to The interest by communities in taking part “allow the island communities to make in local community development has waned, their own decisions in a democratic and particularly in the larger islands. This is accountable manner; to improve people’s demonstrated by declining voter turnouts living standards through social, economic and lower levels of attendance in community and cultural development; to empower the meetings. people; to an increased scope bring the services closer to the people; and to create With regard to the LGA, this body has grown an environment conducive for peace and considerably since inception in 2010. It has prosperity”. In enquiring into the extent to also undergone internal reforms, some of which the decentralisation framework fulfils which have resulted in greater control by the the purposes, goals and milestones listed central government. Training and monitoring in the Decentralisation Act the following efforts by the LGA have not been consistent observations are made. in recent years, even though previous efforts had been positively received and appreciated Findings of the research showed that the by both councils and relevant stakeholders. powers of the councils are restricted by the Finally, the overall legal framework provided limited resources with which they are forced for decentralisation in the Maldives, chiefly to operate. In general councils reported staff the Decentralisation Act of 2010, is viewed shortages; having insufficient funds to offer by most respondents as appropriate for the kinds of salaries required to attract highly the country. However they note that its skilled staff; and procedural challenges in provisions are not implemented in full partly gaining access to land which can be used as a due to procedural conflicts with other laws highly reliable revenue generating source. and regulations. Fiscal decentralisation has been limited to a minimal grant, while it A number of councillors noted that they appears that revenue-generating know-how, had clashed with the most senior ranking powers and opportunities are not equally civil servant in the office. This was an issue present for all councils. that had proved to be challenging for many

79 80 CHAPTER 9. RECOMMENDATIONS

81 CHAPTER 9: RECOMMENDATIONS

The following are the key recommendations monitoring framework of LGA so that for the government to strengthen the their constituents have a tool to assess the decentralisation framework, based on performance of their elected officials. research findings. • Work with councils to ensure all indicators in the current monitoring framework are 1. Implement meaningful fiscal measurable and reported by councils. decentralisation with a view to improving • Analyse the indicators thoroughly to community ownership of resources and ascertain challenges and areas that its governance. This would in turn reduce councils need more assistance with. reliance on central government for fiscal resources and ensure local accountability. 5. Review the performance, role and mandate of the LGA • Implement monetary grants for local councils as set forth in the • Review the current mandate of the LGA Decentralisation Act. and assess their progress with reference to • Incentivise well-performing councils all their assigned tasks and responsibilities. with access to resources and training • Conduct a review of implementation of the opportunities. LGA’s Strategic Action Plan 2016-2018 and • Promote revenue generation in a mid-term review of LGA’s Strategic Plan communities by implementing an equitable 2016-2020. revenue sharing system. • LGA to assist local councils in resolving • Hand over State assets at community level issues with other state institutions to local councils. • Conduct regular reviews of LGA in a participatory and transparent manner 2. Adopt inclusivity in the national • Review the organisational framework of development planning processes. This the LGA with a view to strengthening and would entail meaningful participation facilitating the functions of the councils. of communities in the formulation of • Issue guidelines for the LGA to follow development plans, implementation and when monitoring councils to ensure monitoring of projects. consistency and clarity. Develop such guidelines with multi-stakeholder • Establish participatory decision-making participation. processes in the national development • Include a clear complaints mechanism for planning processes at community level councils to follow regarding submitting • Allow communities to implement own any complaints against the LGA, including vision for community that is in-line with the procedures for the evaluation of these the national development framework and complaints Sustainable Development Goals. • Community participation must be 6. Increase the participation of local councils sought to ensure accountability in the and communities in development planning implementation and monitoring of and consult them when drafting legislation, development projects. particularly those that directly impact them 3. Ensure local councils are provided with regular and comprehensive trainings and • Develop procedures specifying how other capacity building opportunities. and when government departments and ministries must involve local councils in • Provide prompt orientation trainings for development planning. all newly-elected councillors after every • Procedures should include how and election. when local councils must consult their • Create more opportunities for councillors community and give fair opportunity for to network and learn from each other’s participation. Discretion should be given successes and failures (including from to councils to have their own methods of previous councillors). consultation, depending on the size of the • Host annual symposiums for local councils community and past experiences. to voice concerns and discuss solutions • National planning units and state budget with state institutions. committees should consider island • Speed up the development of the planned development plans and atoll development online training platform and enrich this plans when determining projects for with a useful and comprehensive variety of islands. resources and self-development courses, in • Consult local councils in legislative reform collaboration with relevant partners. that impacts local councils directly. • Conduct large public awareness programs 4. Continue to regularly monitor all councils to encourage and educate communities to using measurable indicators and address all engage with and monitor the work of their the issues that are highlighted councils effectively. • Include city councils in the current • Identify all vulnerable groups in

82 communities and ensure planning process and outcomes are inclusive of all groups including expatriates, elderly, and those with special needs. • Develop and enforce a framework for registering long-term migrants to vote in new constituencies

7. Address the challenges faced by councils with regard to the civil service

• The Civil Service Commission should identify and analyse in depth the current challenges faced by councils in working with the civil service. This can be done via an independent nationwide survey, focus group discussions or other such methods. • Agree on a framework for a regular review of the challenges faced by both councils and civil servants in council offices. Such regular formal reviews may highlight systemic issues and identify the difficulties faced by both. • Review the organisation charts for island and atoll council offices that were initially agreed between local councils in 2010 and ensure if they are still the optimal structure for today. • A level of direct accountability towards the community and local councils must be established for the civil service and other parties engaging in the implementation of projects in the community.

8. Empower councils to fulfil their mandates as envisioned by constitution

• Ensure stability in the mandates and powers of all councils by detailing the powers and responsibilities of city councils in law, as determined by parliament, with any changes to be made after open and consultative debate. • Amend laws, regulations, and procedures to allow greater authority for island councils with regard to the use of land within their constituencies, as per approved Land Use Plans and approved annual land allocations. • Harmonise the Public Finance Act and Decentralisation Act to ensure the optimal framework for sustainable and resourceful local councils, while ensuring annual audits are carried out. • Develop a strategic and medium-term plan for fiscal decentralisation that includes incentives for raising revenue as well as removing inconsistencies in fiscal decentralisation.

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88 ANNEX 1: LIST OF INTERVIEWEES

Anti-Corruption Commission - Hassan Local Government Authority - Mohamed Abdulla Muizzu - Attorney General from Luthfee, President Naseer, Director of Training April 2011 to February 2012; total 13 years in Attorney General’s Office Anti-Corruption Commission - Muaviz Local Government Authority - Ahmed Rasheed, Vice President Hassan, Director, Head of Monitoring Ahmed As-ad - State Minister of Finance and Evaluation Department and Treasury from December 2008 to Anti-Corruption Commission - Sofwath February 2012 Ahmed, Member Local Government Authority - Ahmed Shihad, Director, Head of Legal Ahmed Shukree - former CEO, Local Attorney General’s Office - Aishath Department Government Authority Mohamed, State Counsel Maldives Independent - Naish Ahmed, Ali Hussain, Member of Parliament for Acting Editor Kendhoo constituency Auditor General’s Office - Ibrahim Naeem, Director, Public Sector Audit Maldives Land and Survey Authority - Husnu Al Suood - Attorney General from Mohamed Shafy, Director General 2009 to 2010 and Member of Special Civil Service Commission - Abdullah Majlis from 2005 to 2008 Saeed, Director General Maldives Land and Survey Authority - Ibrahim Areef, Land Officer Ibrahim Mohamed - former Deputy Civil Service Training Institute - Minister of Ministry of Home Affairs Fathimath Habeeba, Director, Head of Maldives Land and Survey Authority - and in charge of the province office for Institute Aishath Ibadhaa, Legal Assistant Meemu, Faafu and Dhaalu atolls from May 2010 to 2012 Civil Service Training Institute - Zarana Male’ City Council - Shamau Shareef, Ibrahim, Senior Training Coordinator Deputy Mayor Mohamed Ahmed - served as Atoll Chief between 1986 and 2007 (Ari, Noonu, Civil Service Training Institute - Aishath Ministry of Finance and Treasury - Dhaalu, and Kaafu atoll, and temporarily Shareef, Training Coordinator Fathimath Razeena, Financial Controller in charge of Huvadhu, Faafu, and Vaavu atoll offices) and currently Executive Local Government Authority - Mohamed Ministry of Home Affairs - Shareef Director of Ministry of Home Affairs Shafeeq Mahmood, CEO (appointed on Nafees, Director General (previously 28 September 2016) worked at Ministry of Atolls Mohamed Aslam - Member of Parliament Administration) for S. Hithadhoo North constituency Local Government Authority - Shammoon Adam, Director General, United Nations Development Salma Fikry - worked at Ministry of Division Head for Planning and Programme - Nasheeth Thoha, Assistant Atolls Development from 1999 to 2007; Monitoring Division Resident Representative last position held at the Ministry was Director of Community Development. Local Government Authority - Azhath Abdul Rasheed Hussain - Minister of Rushdy, Director of Projects and Atolls of Administration in 1993 Planning

89 ANNEX 2: SELECTION OF COUNCILLORS FOR THE TELEPHONE SURVEY

Certain factors were kept in mind in the • 35 per cent of councillors to be selection of councillors for the telephone represented by MDP, 35 per cent from survey conducted for this report. The PPM/DRP and the remaining from other following lists these factors as well as parties and independent candidates. describes how the final selection compared with the intended criteria. This criterion was achieved as indicated in the graph below. Of the councillors interviewed, • Interviews are to be conducted amongst three reported to have changed their party councillors elected in all three local council representation during their term in office. For elections the purposes of this report, their latter party • This criterion was achieved as indicated in affiliation is considered. the infographic below.

No. of Councillors 2011 2014 2017 interviewed Elected all years 7 Elected 2011 only 7 Elected 2011 and 2014 3 Elected 2014 only 7 Elected 2014 and 2017 5 Elected 2017 only 6 Elected in 2011 and 1 2017 only

• All atolls to be represented in the survey.

This criterion was achieved with the exception of one atoll – Alifu Alifu. Two of the respondents were female, • Island councils to be selected from large although effort was made to reach out to and small populations. more female councillors. Furthermore, twenty-three of the total thirty-eight This criterion was achieved in the selection of respondents were either currently or served thirty-one island councillors for this report. as president/mayor of their respective The population statistics of the 2014 census council. Seven respondents were members was considered in grouping islands into and two respondents were vice presidents. different population sizes. The following table Telephone interviews included eight who gives the number of interviews conducted served or were serving as atoll councillors, grouped by population sizing. three who served or were serving as city councillors, and twenty-seven who served or Population grouping Number of interviews were serving as island councillors. In addition (census 2014) (island councils only) to these thirty-eight telephone interviews, Less than 500 10 one face-to face open interview was conducted with a city councillor. Between 500 and 3 1,000 Between 1,000 and 7 2,000 Between 2,000 and 8 3,000 Above 3,000 3

90 ANNEX 3: SURVEY QUESTIONNAIRE FOR COUNCILLORS

Questions for councillors Purpose Translation

What are the government services avail- ްށޮކިރެވުދެމ ްއެއާސަސްއައުމ ަތަވުނ ްއެހީފޮއ ެގުރާކުރަސ able in your island through branches of ތިޔަ ރަށުގައި ލިބެންހުންނަނީ ކޮންކޮން ހިދުމަތްތަކެއް؟ ?the relevant ministry

What are the state services available ިއަގުށަރ ަޔިތ ްށޮކިރެވުދެމ ްއެޏްނުފްނުކ ެގުރާކުރަސ through state companies in your island? ލިބެން ހުންނަނީ ކޮންހިދުމަތެއް؟

What are the government services ްށަންނުތިޔްއަރ ްށޮކިރެވުދެމ ްލިސްނުއަކ ުށަރ / ުޅޮތައ available to citizens through island or atoll ދެނީ ކޮންކޮން ހިދުމަތެއް؟ ?council

What other services do you think island ުށަރ / ުޅޮތައ ްއެތަމުދިހ ްނެހެއ ްނުރުތިއ ެގީމ or atoll councils should provide? (immedi- ކައުންސިލް މެދުވެރިކޮށް ދިނުމަށް ފެނޭތޯ؟ )މިހާރުން ately or in the future) Find out the extent of administrative decentralisation in the country and the way that this was done. Determine ްއެމާޒިތްނިއ ަދަފިމ ިއަގްއެލަބުގަތްސުމ ަތަވުނ ްށަރާހިމ when these were introduced, quality, )ަންނެފ ްނަސްއަޖަމަހ and differences between population size Do NGOs provide any basic services in and service delivery (deconcentration vs ްށަންނުތިޔްއަރ ްނުކައާޔްއިމަޖ ްސެވްއެއ ިއަގުށަރ ަޔިތ your island? (eg: pre-school, maintenance devolution vs delegation) އަސާސީ ނުވަތަ މުހިންމު ހިދުމަތެއް ފޯރުކޮށްދޭތޯ؟ of mosques, mortuary services, cleaning )މިސާލަކަށް ޕްރީސްކޫލް، މިސްކިތް ބެލެލެއްޓުން، ހިނެވުން، (of island, power house ރަށްސާފުކުރުން، އެންޖީނުގެ

Are island or atoll councils consulted by ްއަތުއޫރްޝަމ ްނުކަތްތާރަފ ޭދީހެއ ަތަވުނ ްނުރާކުރަސ ިއަމ the central government or donors in poli- ރާވާމަރުހަލާގައި، ނުވަތަ ސިޔާސަތު ކަނޑައަޅާއިރު ރަށު/ cy-making and project planning? To what extent are councils consulted? (note with ޯތާދޯހާފަލ / ޯތޭރުކާރަވްޝަމ ާކަތްލިސްނުއަކ ުޅޮތައ examples and compare with the work of ލަފާހޯދާނަމަ މިކަންކުރަނީ ކިހިނެތް؟ )މިސާލާއެކު (former island development committees ެގުކަތީޓިމޮކ ާވުރައިރުކްށަރ ިއަގީރުކ ިދައ ްށަމުރުކުޓޯނ މަސައްކަތާއަޅާކިޔާނަމަ އެކަން ނޯޓުކުރުމަށް(؟

Are island or atoll councils consulted in ުޅޮތައ/ުށަރ ިއަގުމުދެހ ުދިއަވަގ ަތަވުނ ުނޫނާގ drafting laws and regulations? (provide examples of specific laws and regulations) ުކެއާލާސިމ( ޯތާދޯހާފަލ / ޯތޭރުކާރަވްޝަމ ާކަތްލިސްނުއަކ – ވަކި ގާނޫނެއް/ގަވައިދެއް(؟ Level of political decentralisation in the country To what extent and how do you (i.e. island ަޔިތ ްށަމުދޯހ ުލާޔިހ ެގްނުތިޔްއަރ ެގުޅޮތައ / ެގުށަރ or atoll council) provide opportunity for Are citizens involved in council’s decision ކައުންސިލުން ފުރުސަތު ދެވެނީ ކިހާ މިންވަރަކަށް؟ your island community to participate in making? ކިހިނެތް؟ އަދި މިކަމަށް ތާއީދު ލިބޭތޯ؟ )މިސާލު ބިނާވެށި public consultations? Is there support for public consultations? (eg: participation in ޕްލޭން ހެދުން، ރަށުގެ ތަރައްގީގެ ޕްލޭން ހެދުން( consultations for land use planning and island development planning)

In your opinion are the training provid- ީކަކަތްނީރްމަތ ޭދ ްނިއީޓިރޯތޮއ ްޓްނަމްނަވަގ ްލަކޯލ ed by LGA sufficient? (If you have not participated in a training, do you face any ާވްނެގީށަކެއ )ްށަމުރުކްއަތްތަކްއަސަމ ެގްލިސްނުއަކ( ތަމްރީނެއްތޯ؟ )އެއްވެސް ތަމްރީނެއްގައި ބައިވެރިނުވާނަމަ، (?difficulties because of it މިކަމުގެ ސަބަބުން ދަތިތަކެއް ދިމާވިތޯ؟( Training opportunities Do you know the Civil Service Training ީކަކަތްނީރްމަތ ޭދ ްނިއީޓިރޯތޮއ ްޓްނަމްނަވަގ ްލަކޯލ Institute (CSTI)? In your opinion are the training provided by the CSTI sufficient? ާވްނެގީށަކެއ )ްށަމުރުކްއަތްތަކްއަސަމ ެގްލިސްނުއަކ( ތަމްރީނެއްތޯ؟ )އެއްވެސް ތަމްރީނެއްގައި ބައިވެރިނުވާނަމަ، މިކަމުގެ ސަބަބުން ދަތިތަކެއް ދިމާވިތޯ؟(

91 Have you attended trainings on decen- ްނެހެއ ާވަޔިފ .ިއައ.ީޓ.ްސެއ.ީސ ިދައ ޭއ.ީޖ.ްލެއ tralised governance conducted by organisations other than the LGA and the CSTI? ިއަގްއެގީރްމަތ )ޭހެބާމުގނިހ ީޒަކުރަމާލ( ިގްނިހ ްއެތާރަފ ބައިވެރިވީންތޯ؟ ބައިވެރިވިނަމަ، މިތަމްރީންގެ ތަޖުރިބާއަކީ If yes, please share your experiences of these trainings. ކޮބައިތޯ؟ Training opportunities Please share your experiences working ްސިވރަސ ްލިވިސ ާރުކްތަކްއަސަމ ިއަގުހީފޮއ ްލިސްނުއަކ with civil service staff in the council and the level of cooperation received by the ިދައ .ާބިރްޖަތ ެގުމުރުކްތަކްއަސަމ ުކެއާންނުފަޒްއައުމ Civil Service Commission in general. ޭބިލ ްނުތާރަފ ެގްނަޝިމޮކ ްސިވރަސ ްލިވިސ ިއަގުމަކިމ ްނުލުރާބްއެއ

Does the council raise funds? What is ްސެވްއެއ ްށަމުދޯހ ާސިއަފ ްނުލިސްނުއަކ ަޔިތ done with the funds raised? Does the މަސައްކަތެއްކުރެވޭތޯ؟ މިފަދައިން ހޯދާ ފައިސާތަކަށް އަމަލު council have a trust fund / cooperative ކުރެވެނީ ކިހިނެއްތޯ؟ އަދި ތިޔަ ކައުންސިލުން ޓްރަސްޓް business / donation? How were these / experiences? Resource mobilisation / ޯތިދްއެފުއ ްއެއްވީޓޭރަޕޯކ / ޯތިރުކްމިއާގ ްއެޑްނަފ .ޯތުނުބިލީހެއ ްނުކަތާރަފަލްއިމައ / ޯތިގްނިހ ްއެއިރާފަޔިވ ްއަތާބިރުޖަތ ެގްއެތަކްއަސަމ/ްއެމަކަދަފިމ

What are the challenges that you face They will be given the opportunity to list ިވާމިދ ިއަގުމުރުކާދައ ުތަޔްއިލޫއްސަމ ެގްއެރަލިސްނުއަކ in delivering your responsibilities as a all the challenges they identify here އެންމެ ބޮޑު ދަތިތަކަކީ ކޮބާ؟ ?councillor

ލާމަރުކަޒީ ގާނޫނަކީ ރާއްޖެއަށް އެކަށީގެންވާ ގާނޫނެއްތޯ؟ Is the Decentralisation Act appropriate for the Maldives? Is the law implemented Gaps in Law and any failures in imple- މިގާނޫނު އެންމެ ފުރިހަމައަށް ތަންފީޒުކުރެވޭތޯ؟ in full? mentation

What are the main achievements of the ުޑނަގިއަމ ުނުވެރުކްލިސާހ ްނުށަދ ެގުނޫނާޤ ިމ Act in the past 7 years? Political, administrative, and fiscal ކަންތައްތަކަކީ ކޮބާ؟ achievements

92 ANNEX 4: COUNCILS THAT PARTICIPATED IN THE TELEPHONE SURVEY (THIS INCLUDES COUNCILLORS WHO WERE ELECTED IN 2011, 2014, AND/OR 2017)

1. B. Dhonfanu Island Council 15. HDh. Hirimaradhoo Island Council 30. HA. Atoll council 2. B. Eydhafushi Island Council 16. K. Gaafaru Island Council 31. Kaafu Atoll Council 3. B. Kamadhoo Island Council 17. L. Gan Island Council 32. Lhaviyani Atoll Council 4. B. Fehendhoo Island Council 18. L. Mundhoo Island Council 33. Meemu Atoll Council 5. F. Nilandhoo Island Council 19. Lh. Naifaru Island Council 34. Thaa Atoll Council 6. Gn. Fuvahmulah Dhiguvaadu 20. M. Raimandhoo Island Council 35. Vaavu Atoll Council Council 21. N. Henbadhoo Island Council 36. Fuvahmulah City Council 7. GA. Dhaandhoo Island Council 22. R. Dhuvaafaru Island Council 37. Addu City Council (two interviews) 8. GA. Villingili Island Council 23. R. Vaadhoo Island Council 9. GDh. Thinadhoo Island Council 24. Sh. Komandoo Island Council In addition to these telephone inter- 10. HA. Dhidhoo Island Council 25. Sh. Funadhoo Island Council views, an in-person interview was con- 11. HA. Kelaa Island Council 26. Sh. Noomara Island Council ducted with Male’ City Council. 12. HA. Thakandhoo Island Council 27. Th. Hirilandhoo Island Council 13. HDh. Nolhivaranfaru Island Council 28. Dh. Atoll Council 14. HDh. Kulhuduffushi Island Council 29. GDh. Atoll Council

REVIEW OF THE DECENTRALIZATION FRAMEWORK IN THE MALDIVES