Constitution drafter says proposed governance changes are 'not good' and undermine the mixed system

Former MDP Chairman Fayyaz Ismail and former President Mohamed Nasheed’s proposed amendments to the Constitution and the system of governance are not good, Fayyaz’s brother and constitution drafter Ibrahim Ismail (Ibra) said on Sunday evening.

One of the most notable changes proposed by Nasheed and Fayyaz is to define the head of state and the head of government as two separate positions. Their proposal includes shaping the system so that the head of government is accountable to Parliament, while the head of state remains the President.

Referring to these developments, Ibra said in a Facebook post that Maldives does not have a “full presidential” or “full parliamentary” system. Instead, he said the country has a system that people’s representatives discussed, debated and argued over for four years.

Ibra, who was a member of the Special Majlis that drafted the Constitution and chaired the drafting committee, said Maldives adopted a mixed system. He noted that the constitutions of 22 countries were studied in developing it, and that one of the world’s four most experienced constitutional experts at the time worked on the process for six years.

He added that after the first draft was completed, one of the most renowned experts in Islamic Sharia constitutional review was brought in to ensure the document did not conflict with Islam.

Therefore, he said, the Constitution of Maldives is among the four most up‑to‑date constitutions in the world.

“This does not mean that there are no changes that can be made and that need to be made. There are. They have been noticed over the past 16 years. The changes that have been proposed so far are not good changes,” he wrote.

Ibra said the main task now is to elaborate on certain articles and rewrite provisions that have been misinterpreted so far in clear and unambiguous terms.

He said many of these issues can be resolved through time, debate and clarification by the Supreme Court.

Ibra played a leading role in the formation of the MDP and was the party’s first president. He later left the party and formed the Social Liberal Party (SLP), contesting the 2008 presidential election on its ticket.

After losing the first round, he supported Nasheed in the second round, and his party became part of the coalition that won that year’s election. He later left the SLP and rejoined the MDP.

In 2023, when Fayyaz was serving as MDP chair, Ibra left the party again, accusing the government of influencing the justice system.

During the joint press conference held by Nasheed and Fayyaz on Sunday, Nasheed announced that he would contest for the post of MDP chairperson and expressed his support for Fayyaz as the party’s presidential candidate.