Human Rights Law at Maldives
Human rights law in the Maldives is shaped by a combination of constitutional provisions, domestic laws, and international human rights obligations. While the Maldives has made some strides toward promoting human rights, there are ongoing challenges in protecting certain fundamental rights and freedoms.
1. Constitutional Framework
The Constitution of the Maldives (2008) outlines various fundamental rights and freedoms, including:
Article 17 – Right to life and personal liberty.
Article 18 – Freedom of expression, which guarantees the right to hold and express opinions without interference.
Article 21 – Right to freedom of assembly and association.
Article 22 – Right to freedom of movement and the ability to choose residence and to leave and return to the country.
Article 23 – Freedom of religion; while the Constitution recognizes Islam as the state religion, it guarantees that non-Muslims may practice their faith in private.
However, these rights are subject to limitations, especially related to issues like public order, morality, and national security.
2. Key Human Rights Issues
Freedom of expression and media: Journalists and activists face threats, intimidation, and harassment. Media is often restricted through various legal mechanisms, such as defamation laws, and there have been incidents of violence against journalists.
Freedom of assembly: Protests and public demonstrations require government permission, and certain forms of assembly are restricted. Security forces sometimes intervene to break up protests, leading to concerns about the right to peaceful assembly.
Women's rights: While progress has been made in some areas, gender equality remains a significant issue. Domestic violence and gender-based violence are problems, despite legal reforms to address them.
LGBTQ+ rights: Same-sex sexual activity is illegal under Maldivian law (Article 399 of the Penal Code), and LGBTQ+ individuals face significant societal stigma and legal discrimination.
Death penalty: The death penalty remains on the books, and although no executions have been carried out in recent years, there are concerns about the use of the death penalty in the judicial system.
Religious freedom: The Maldives is a strictly Muslim country, and while individuals have the right to practice their religion, non-Muslims face discrimination, and conversion away from Islam is prohibited.
3. International Human Rights Obligations
The Maldives is a member of the United Nations and has ratified various international treaties, including:
ICCPR – International Covenant on Civil and Political Rights
ICESCR – International Covenant on Economic, Social and Cultural Rights
CEDAW – Convention on the Elimination of All Forms of Discrimination Against Women
CRC – Convention on the Rights of the Child
CAT – Convention Against Torture
However, the Maldives has not ratified the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and ICERD (International Convention on the Elimination of All Forms of Racial Discrimination).
4. National Human Rights Institutions
The Human Rights Commission of the Maldives (HRCM) was established in 2003 to:
Promote human rights awareness
Investigate complaints related to human rights violations
Advise the government on human rights matters
The HRCM plays an important role in highlighting human rights concerns but has been criticized at times for lack of independence and effectiveness in addressing systemic issues.
5. Challenges and Areas of Concern
Judicial independence: There are concerns about the political influence over the judiciary, with accusations of biased judgments, particularly in cases involving political opposition figures.
Political instability: The Maldives has faced political crises, including a history of coups and changes in leadership, which have had a negative impact on human rights.
Terrorism and counterterrorism laws: Anti-terrorism measures, such as the Anti-Terrorism Act, have been used to suppress political dissent, with critics arguing that the law is used to target opposition leaders and activists.
Environmental rights: Climate change is a significant threat to the Maldives, and while the government has advocated for global action on climate change, concerns remain about the protection of environmental rights, particularly for those living on vulnerable islands.
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