Application for Hulhumale’ Apartments v the Constitution

According to Haveeru News the Hulhumale’ Development Corporation (HDC) has said that the Individuals interested in the newly completed apartments in Hulhumale’ can submit their application for 488 of the 500 flats from 20th August 2008 onwards.

HDC said that that the new apartment building can provide accommodation for 4,000 people and that the applicants will be divided into three categories based on social aspects. Those who fall into A Category will need to be a resident of Male’ for 12 years and be of 25 years and older. B Category will consist of applicants who are 21 years and above of age who have been a resident of Male’ for seven years. Category C includes people who are 21 years and above of age and who are registered residents of Male’. All three categories have several other conditions applied to them as well.

Let us consider the following Articles from the Constitution to observe whether the qualifications of the applications to Hulhumale’ flats are valid or invalid.

Freedom of Transportation and Settling down: Article 41(b)
As per Article 41(b) all the citizens are entitled to the right to settle in any inhabited island in the Maldives and also are entitled to the right to migration from one island to another.

This Article is very clear and simply it means that all the citizens are entitled to the inalienable right of settling in any inhabited island. Simultaneously, the Article also guarantees the right of the movement of people from one island to another. However, the question arises when it comes to Hulhumale’? Do we have the right to settle in Male’? Well, one might say that we all have the right to settle down in Hulhumale’? But, is practically recognized? Are there any barriers to this right, brought about in an unconstitutional manner?

It is very clear that this right is granted to us by the constitution. In fact, we all know that any such rights so granted by the constitution cannot be restricted or narrowed down except by an Act of Parliament passed in line with the constitution.

Fundamental Rights Guaranteed: Article 16(a)
Our recently ratified green Constitution very clearly states in Article 16 (a) that the constitution guarantees all the rights and freedoms prescribed under Part II (Fundamental Rights) of it in accordance with the Islamic Shari’ah principles. Furthermore, it states that any limitations on the rights or freedoms guaranteed under this constitution can be imposed only with an Act of Parliament passed in accordance with this constitution.
Is there any Act of Parliament which states that application for Hulhumale’ flats will only be successful if the applicant is from Male’ or has been living in Male’ for such and such number of years. Even if there is any Act which stipulates so wouldn’t it be contrary to our constitution? In other words unconstitutional. As we can see from the constitution no discrimination is allowed. Furthermore, all are equal in the eyes of the law.

No Discrimination: Article 17(a)
It can be understood from Article 17(a) that all persons are entitled to all the rights and freedoms guaranteed under Part II of the constitution without any discrimination. No one should be discriminated on the basis of race, or country of birth, or color, or sex, or age or physical or mental disability, or political or other views, or financial capability, or family, or island etc.

We have seen the the case of Hulhumale’ flats and its prescribed conditions or qualifications for application which states that the applicant must be from Male’ or has been living in Male’ for such number of years. Wouldn’t this amount to discrimination?
Obviously, as we can see from the categorisation there is discrimination. The opportunity or rather the right is narrowed down or restricted to people living in Male’. How many of us cannot get housing even in our own islands due to the scarcity of land. The difficulty of housing is not only faced by Male’ people or people who are residing in Male’ but also others in atolls too have the same problem. So where is our right? What is our solution? Where can we go to get our right?

Equality: Article 20
As it can be understood from Article 20 all are equal before and under the law and are entitled to the equal protection of the law and benefits derived from the law.


Evidently, there are always greater opportunities for Male’ people or people living in Male’. But the truth is that Hulhumale’ doesn’t belong to Male’ people alone. Hulhumale’ is neither built with the financial assistance of so called ‘Male’ people’ nor from the pockets of those who are living in Male’. Therefore, we all must have equal opportunity when it comes to flats and other benefits. It seems that people from atolls are only counted as citizens when the government wants to take something from us but not when it comes to sharing of any benefits. What is this? Can we call this equality?


Administrative Decisions to be made with Justice: Article 43 (b) and (c)
According to Article 43 (b) if any one feels that any administrative decision taken has infringed his or her right, he or she has the right to get the reason for taking such a decision in writing. Furthermore, Article 43(c) states that if the right of any individuals or a party’s rights are hindered due to any y administrative decision then they are entitled to file that matter in a court of law. Moreover, it extends this right to those who are likely to be directly affected by such a decision.

One might say that it is administrative decision. It is not a decision of a court of law or any legislation passed by the government. Our constitution provides a remedy or rather a right to us in such matters too as we can see in Article 43(c). So the big question is do we have to file a case in a court of law to challenge this decision? What if we do take the matter to a court? Are we still going to sleep on our rights even under the newly ratified constitution? Let us think together and act together.