Fact check: President has authority to ban Israeli passport

Dec 17, 2023, 11:23 AM
President Dr. Mohamed Muizzu. -- Photo: Abdulla Iyaan/ Adhadhu

President Dr. Mohamed Muizzu. -- Photo: Abdulla Iyaan/ Adhadhu

The public first gathered near the Parliament house calling for the Israeli passport to be banned over Israel's genocide in Palestine on November 15. That was one month ago.

As pressure mounted after serial protests, bills and resolutions were submitted to Parliament. On November 16, Parliament's foreign relations committee wrote a letter to the President advising a ban on the Israel passport.

But the President's Office said at a press conference on Thursday that banning the Israel passport was not something the President could do, characterizing it as a legislative task that Parliament should undertake.

President’s Office Undersecretary for Public Policy Mohamed Firuzul said the relevant agencies were working on banning the passport.

"The way it is at the moment, it is not something that the President could decide within the law. As the work needs to be done by law," he said.

What do rules on entering the country say?

Under the immigration law, the main law on entry to the Maldives, there are two main regulations that outline processes for entering the country. Those are regulations on entering through airports and entering through the sea.

Both regulations specify processes to be followed by Maldivians and foreigners in entering the country. The regulations also state how to categorize persons banned from entry.

Section 5(b) of the regulations on entry via air and section 3(a) of the regulations on entry via sea both state the same thing.

That is, "A person or group of a country from which the Maldivian government has banned the entry of persons to the Maldives."

The regulations do not specifically state how the government could prohibit entry to citizens of a particular country. Legal experts say it could be done through a decree, letter or even an announcement by the President as the head of state.

Anas Abdul Sattar, a lawyer and spokesman of the opposition Maldivian Democratic Party (MDP), said the President has the power under the regulations to bar Israelis from entering the country. Parliament's counsel provides the legal power needed to do it, he said.

"Parliament has given advice. So that's something to back it. So the government could decide based on that to prevent Israelis from entering the country," Anas said.

When a journalist asked on Thursday whether the issue was becoming protracted due to the influence of countries such as America and England, Firuzul did not give a straight answer. Asked why the President was not doing it through a decree, Firuzul said he did not have any further comment apart from the points made earlier.

Lack of political will

Ibrahim Ismail (Ibra), a member of the special assembly that drafted the current constitution, believes the government has been unable to act due to a lack of "political will."

"They haven't done it because there is no political will in the country, isn't that so? Regardless of whether it is the President, Parliament or anywhere else, it should have been done if there was political will," Ibra said.

He believes barring Israelis from visiting the Maldives is a decision that the President could make politically. As formulating foreign policy is the responsibility of the President, the President has the complete power to do it, he said. The President has the authority as Ibra sees it under article 115 of the constitution.

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"If the government wants and determines policy as such, I don't see that there is an obstacle to implementing that policy," Ibra said.

Bill before Parliament

In addition to the resolution and motion without notice submitted to Parliament amid the above-mentioned demonstrations, a bill was also submitted to amend the immigration law.

The purpose of the bill proposed by Nolhivaram MP Mohamed Nasheed Abdulla (Mosta) was to condemn the inhumane genocide being committed by Israel in Palestine, call for an end to those acts and to prevent any financial or other gain for Israel as a result of Israeli tourists visiting the Maldives.

However, even a first reading of the bill submitted on November 19 has yet to take place in Parliament.

If the bill submitted by Mosta is passed, entering the Maldives with an Israeli passport would be prohibited upon ratification of the bill.

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