Human Rights Priority Country status report: January to June 2016
Updated 8 February 2017
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The decline in the human rights situation in the Maldives continued in the first 6 months of this year.
In February, the Commonwealth Ministerial Action Group (CMAG) expressed concern over the political space available to the opposition, detention of political leaders and independence of the judiciary. In April, CMAG called for “clear, measurable progress” across the priority areas previously identified, and pledged to review the situation at their next meeting in September.
The government of Maldives continued to reduce the democratic space for opposition voices, civil society and the independent media to exercise their fundamental rights.
Lack of independence within the judiciary continued to remain a serious concern. In the first half of 2016 the UK spoke out over the lack of due process and transparency in a number of high-profile cases involving senior politicians. We received reports of rushed trials, late night hearings, lack of opportunities for the defence to prepare and cross examine witnesses, restrictions on defence witnesses being called, and sessions being conducted behind closed doors. There was also concern, echoed by CMAG, that the Prevention of Terrorism Act was being used for political ends, including against public officials. Opposition leader Sheikh Imran, former Vice President Ahmed Adeeb, former prosecutor general Muhthaz Muhsin, and a senior judge, Ahmed Nihan, were all given long sentences on terrorism charges. Former President Nasheed and Colonel Nazim had their sentences upheld by the Supreme Court. There was continued concern that these trials were not held in line with international standards or the Maldivian Constitution.
Further moves were taken to reintroduce the death penalty in the Maldives after a moratorium of more than 60 years. In June, the government amended regulations to implement the death penalty by hanging in addition to lethal injection. The Home Minister further said that facilities were now in place to carry out executions, and that convicted prisoners would be executed within 30 days of the Supreme Court upholding or issuing a guilty verdict. On 24 June, the Supreme Court upheld the death sentence of Hussain Humaam, convicted of killing a parliamentarian in 2012. There are 2 further death penalty cases awaiting the Supreme Court’s decision. The UK government opposes the death penalty in all circumstances as a matter of principle and advocates for its abolition. Together with international partners we will continue to urge the Maldives government to reverse its decision to reintroduce the death penalty.
We continued to support international efforts to push for greater political plurality and inclusion. UN and Commonwealth engagement continued in the first half of 2016. In April, Tamrat Samuel, senior advisor in the UN’s Department of Political Affairs, visited Male to lay the groundwork for all-party talks, but there has been little meaningful progress to date. In June, the Commonwealth Secretary-General announced the appointment of Dr Willy Mutunga, former Chief Justice of Kenya, as her Special Envoy to Maldives, at the invitation of the Maldives government. The UK welcomes Dr Mutunga’s appointment, and urges the government and all parties to engage constructively with him. Dr Mutunga’s engagement will help inform CMAG’s assessment of whether clear measurable progress has been achieved by September.
Journalists faced harassment and restrictions on reporting. In April, 16 journalists were arrested for taking part in a protest against government action to curb freedom of expression. The police used pepper spray and strip-searched participants. The protest followed the court-ordered closure of the Haveeru news organisation, increasing politicisation of the broadcasting regulator, and lack of progress in the case of journalist Ahmed Rilwan who disappeared in 2014. In June, Channel News Maldives (CNM) said it was forced to shut down due to political pressure. Trials continue in the cases of four Rajje TV journalists arrested on charges relating to their part in a demonstration in 2015. A draft defamation bill was put before parliament in June, which, if passed, threatens to restrict media freedoms further and increase already high levels of self censorship.
The then FCO Minister for Asia, Hugo Swire, visited Male in January and met President Yameen along with senior government ministers. Mr Swire raised human rights concerns, including regarding the death penalty, rule of law and shrinking democratic space. The UK raised Maldives at the 32nd session of the UN Human Rights Council, calling for the release of political prisoners, strengthened separation of powers and independence of the judiciary, and action to restore confidence in the fundamental freedoms of association, assembly and free speech. Alongside our diplomatic efforts, the UK is also funding a number of civil society projects in Maldives focusing on gender, increasing female representation, and building capacity of women’s rights advocacy groups.