Human rights in the Maldives
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Human rights in the Maldives, an archipelagic nation of 417,000 people off the coast of the Indian Subcontinent,[1] is a contentious issue. In its 2011 Freedom in the World report, Freedom House declared the Maldives "Partly Free", claiming a reform process which had made headway in 2009 and 2010 had stalled.[2] The United States Bureau of Democracy, Human Rights and Labor claims in their 2012 report on human rights practices in the country that the most significant problems are corruption, lack of religious freedom, and abuse and unequal treatment of women.[3]
The Maldives has a longstanding practice of employing criminal defamation laws as a means to suppress dissent. However, following the implementation of the Anti-Defamation and Freedom of Expression Act in August 2016, the threats posed to the media and opposition critics escalated further. The act imposes significant fines for content or speech that is deemed to contradict Islamic tenets, jeopardize national security, challenge social norms, or infringe upon the rights, reputation, or good name of others during Yameen Rasheed's tenure.[4] The act was repealed by the Parliament on 14 November 2018.[5]
President Yameen's government has employed an alarming tactic of leveraging broad and ambiguously worded laws to target, apprehend, and incarcerate dissenting voices. This strategy involves the misuse of counterterrorism laws against opposition activists and politicians, as well as the application of anti-defamation laws to suppress the media and social media activists who voice criticism against the president or his policies. Moreover, the government has imposed stringent limitations on assemblies, resulting in the prohibition or severe restriction of peaceful rallies and protests. These actions have raised concerns about the state of freedom of expression and civil liberties in the country.[4]
The Maldives gained independence from the United Kingdom in 1965. The nation began its independent existence as a sultanate, but a 1968 referendum approved a constitution establishing the nation as a republic. Ibrahim Nasir, Prime Minister under the sultanate, became President and held office from 1968 to 1978. He was succeeded by Maumoon Abdul Gayoom, who was elected President in 1978 and re-elected in 1983, 1988, 1993, 1998, and 2003. At the end of his presidency in 2008, he was the longest serving leader in Asia. The national government generally exercised tight control over its people during this time.
The following chart shows the Maldives' ratings since 1972 in the Freedom in the World reports, published annually by Freedom House. A rating of 1 is "free"; 7, "not free".[6]1
Amidst Abdulla Yameen's time in office, accusations of human rights transgressions came to light, accompanied by the imprisonment of several opposition politicians, among them former president Mohamed Nasheed.[7]
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After a coup attempt by supporters of Nasir was uncovered in 1980, the government arrested those thought to be involved, and their wives and children were placed under house arrest. At least three people were sentenced for association with the former president, and at least one – Mohamed Ismail Manniku Sikku, the former Director of Civil Aviation – was banished to an uninhabited atoll for "ten years and a day".[8]
The president considered responsible for the human rights gains in 2009–2010,[2] Mohamed Nasheed, resigned after weeks of protests led by police and was placed under house arrest.[9][10][11] He was replaced by Mohammed Waheed Hassan, the former head of UNICEF Afghanistan.[12]
Freedom of religion
The constitution declares Islam as the state religion of the Maldives and states that all Maldivian nationals are required to be Sunni Muslims.[13] It is illegal in the country to proselytize any religion other than Islam, and advocate for secularism or the separation of church and state. Apostasy and atheism are also outlawed and those who identify as or accused of being apostates or atheists are punishable by death by Maldivian law (though unenforced) and are often subject to vigilante violence or attacks with little or no consequences for perpetrators by the authorities.
The Maldivian education system observes a strict interpretation of the Islamic religion. All state-run public schools and private schools are required by law to teach Islam from 1st to the 12th grade, with no secular alternatives.[14]
A report by the Maldivian Democracy Network published a report in 2016 investigating radicalism in the Maldives, outlined the extremist ideas cited in textbooks and sermons and controversial theologies promoted in them, as well as radical ideologies prominent in the country was heavily condemned by the extremist religious establishment and disseminators,[15] leading to the organization being banned from continuing its operations without due process and forced into exile.[16][17]
The Ministry of Islamic Affairs is the only body which grants licenses to imams, and sermons must be approved. They also control religious education and have the power to deport any non-Muslim foreigners. Non-Muslim foreigners are required to practice their religion in private.[2]
On 14 December 2011, a group of ten men attacked peaceful demonstrators in Malé calling for religious tolerance. Sufi Ismail Khilath Rasheed sustained a skull fracture and was later arrested as his calls for tolerance were unconstitutional. No effort was made to arrest the attackers.[13] On 5 June 2012, Rasheed was stabbed in the neck.[18] Reporters Without Borders stated that it appeared that he had been deliberately targeted for his journalism.[19] A minister of the Maldivian government condemned the attack, but also added "Hilath must have known that he had become a target of a few extremists ... We are not a secular country. When you talk about religion there will always be a few people who do not agree."[20]
Freedom of speech
Defamation and Speech "contrary to the tenets of Islam" is illegal.
Media and censorship
2008 saw the Maldives' first private television channels. In August 2010 private channel Villa TV was attacked, and journalists were attacked by police for covering a political protest in October 2010.[2] Opposition websites can be accessed in the country, but some Christian missionary websites have been blocked by the Ministry of Islamic Affairs.[2]
On 1 May 2011 two journalists – one from Haveeru Daily and one from Sun FM – were arrested for covering a protest. They were released after 24 hours.[3]
Freedom of assembly
The constitution protects "freedom of peaceful assembly without prior permission of the State", and the U.S. State Department claims these rights are generally upheld.[3]
In July 2020, Human Rights Watch denounced the Maldivian government's recent enforcement of laws restricting protests and other gatherings, saying that the government's actions constituted a violation of fundamental rights. The government's decision to enforce the laws came in the wake of multiple protests staged during the month of July.[21]
Legal system
Most judges have no formal legal training and are given much leeway in their interpretations of Muslim law.[13]
The Maldives National Defence Force holds human rights courses.[3]
Allegations of arbitrary arrests and torture
Flogging is a frequently imposed punishment, and carried out behind the court buildings.[13] 96 people – over 80% of them women – were sentenced to this mode of punishment in 2010.[3]
Arbitrary arrest and detention is illegal.[3]
At least four members of parliament were arrested in July 2010. They claimed the detentions were carried out to force them to comply with political demands. They were released soon after.[22] On 16 August 2011 one of these MPs, Abdullah Yameen, was granted compensation.[3]
Minority and women's rights
Parliament contains five female members, and women have a 98% literacy rate.[2]
In 2011 four police officers were discharged from the force, but not formally charged, for driving a woman around Malé, forcing her to strip her clothes, sexually and physically abusing her, and throwing her on the street.[3]
As the state partially practices Sharia law in some matters, homosexuality is illegal. The punishment for men is nine months to one year imprisonment, or 10 to 30 lashes. The punishment for women is nine months to one year of house arrest.[3]
- 1.^ Note that the "Year" signifies the "Year covered". Therefore the information for the year marked 2008 is from the report published in 2009, and so on.
- 2.^ As of 1 January.
- 3.^ The 1982 report covers 1981 and the first half of 1982, and the following 1984 report covers the second half of 1982 and the whole of 1983. In the interest of simplicity, these two aberrant "year and a half" reports have been split into three year-long reports through interpolation.
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