18 years since the Constitution’s adoption: ‘No spirit of upholding the law, just acting on instructions'

Former Supreme Court Justice Mahaz Ali Zahir has expressed deep concern over the lack of a strong culture of upholding the rule of law in the Maldives, stating that senior officials frequently act based on the instructions of the sitting administration rather than independent legal principles.

His comments come as the Maldives marks the 18th anniversary of the current ‘Green’ Constitution. Although the Constitution was ratified by then-President Maumoon Abdul Gayoom on August 7, 2008, following years of public advocacy and sacrifice, many argue that several of its fundamental goals have yet to be fully realized.

Mahaz, who served on the Supreme Court bench from November 2019 to May 2024 and was part of the legal team involved in reviewing the Constitution before its ratification in 2008, said the country has not fully embraced the principles and values established by the Constitution. He stated that a culture remains where decisions are often guided by "advice and instructions" from those in positions of authority rather than by legal requirements.

"This is the reality: discrimination is rampant. If there is political disagreement, life is made difficult for the individual. This has been the case since 2008," Mahaz said, noting that such actions undermine constitutional guarantees of equality and protection against discrimination.

He further highlighted the challenges faced by employees of state-owned companies and government institutions, citing Fenaka Corporation as an example. Mahaz said some employees who have supported their families for 15 years while earning modest salaries have been dismissed without adequate protection, despite the rights afforded to them under the Constitution. He added that similar concerns affect long-serving personnel within the Maldives National Defense Force (MNDF) and the Police.

Criticizing the Parliament and its works, Mahaz argued that the legislative body does not adequately represent the interests of citizens. He said speaking time during parliamentary debates is allocated according to political party representation rather than individual constituencies.

"The people are not represented in the Parliament. The minutes are given to the parties. An elected member does not get time to represent their constituents," he remarked. Under existing parliamentary procedures, debate time is allocated based on party strength, a system critics argue limits public representation, particularly when one party holds a super-majority.

Mahaz also raised concerns over widespread corruption and theft within state institutions, stating that inadequate investigations have resulted in misappropriated funds rarely being recovered. The lack of progress in resolving several high-profile corruption cases continues to remain a significant concern among the public.

While the 2008 Constitution introduced major reforms to the Maldivian governance system following the reform movement that began in 2004, concerns remain over the weakening independence of state institutions and the continued influence of political interests over the application and interpretation of the law.