Maldives: Trouble in Paradise

Although article 27 of the Maldivian Constitution provides for freedom of association, the President has discouraged the formation of political parties on the grounds that they cause disharmony and are inappropriate to the homogeneous nature of society. In 2001, the President refused to register the Maldivian Democratic Party (MDP) as a political association, and the government banned the MDP website in December last year. The MDP is now operating in exile out of Sri Lanka.

Supporters of the MDP and their family members were arrested in February 2004 in overnight raids prior to an organised march to protest the government's failure to curb the deteriorating law and order situation in the country. According to Amnesty International, it is believed that they were arrested for their involvement in the election of the Governing Council of the MDP, which had taken place some three hours prior to the arrests. It was also reported that the Government placed a 24-hour ban on SMS messages throughout the country in an attempt to disrupt the planned protest.

Amnesty International has reported an endemic pattern of arbitrary detention of government critics and their continued imprisonment before and after convictions in grossly unfair trials where they were denied access to a lawyer or to an independent appeal mechanism.

Amnesty International has also reported a pattern of torture and ill-treatment of prisoners and the failure of the government to investigate reports of torture. Many prisoners are held in solitary confinement without adequate food or access to medical treatment.

Public statements contrary to government policy and Islam and which threaten the public order or are libellous are prohibited by law. The government ignores the constitutionally enshrined guarantee of freedom of expression, imposing severe restrictions on media independence through stringent registration requirements and bureaucratic processes. Editors and journalists practice self-censorship due to the threat of being arrested and imprisoned for publishing articles critical of the government. Radio and television stations are government owned or controlled. The country’s main daily newspapers and magazines are controlled by friends and relatives of the President.

In 4 March 2003, the Government announced that it had amended the law to make it easier to revoke newspaper and magazine licences. That same day 22 publication licences were cancelled due to a failure to comply with the new law, with no opportunity having been given to comply with the new requirements.

In July 2002, three men were sentenced to imprisonment for life, and a woman to 10 years imprisonment, for publishing an email newsletter that was critical of the President and government. The Working Group on Arbitrary detention was of the opinion that the deprivation of liberty of the four persons was arbitrary, being in contravention of articles 9 and 10 of the Universal Declaration of Human Rights.

In September 2003, a prison inmate, Hassan Evaan Naseem, was beaten to death by guards, sparking riots within Maafushi Jail. Three more prisoners died when NSS guards fired upon the inmates. The incident provoked unprecedented civil unrest with riots breaking out in Male, as angry Maldivians took to the streets, targeting and burning government buildings and electoral offices. Amnesty International reported a wave of arbitrary arrests following the civil riots.

A Presidential Commission was set up to inquire into the death of Naseem and the shootings at Maafushi Jail. On 27 January 2004, the President presented the findings of the Commission, however significant sections of the report were removed "for reasons of national security", including the names of those responsible for the deaths. There is a widely held belief that the President manipulated the findings of the Commission to protect senior officers of the NSS and Ministry of Defence and National Security.

Earlier this month, the trials of six people, who are accused of causing disturbances during the September 2003 civil riots, commenced. The six are being tried under anti-terrorism laws. Given that one of the accused, Ms Jennifer Latheef, is the daughter of Mr. Mohamed Latheef, the spokesperson for the MDP in exile, some have expressed the view that the trials are a politically motivated attempt to attack Mr. Latheef.

In a response to criticism on the need for reform following the September 2003 riots, the Human Rights Commission of the Maldives was formed in December 2003, purportedly based on the Paris Principles. However, concern has been expressed regarding the independence and effectiveness of the Commission, as the Commission members will be appointed by the President, will report their findings directly to the President and cannot investigate alleged offences that occurred more than 12 months prior to the establishment of the Commission.

It is feared that the Human Rights Commission, which has received funding from the United Nations Development Program, will be used as a mere tool to legitimise the President's rule.

The recent riots gave a glimpse of the festering anger and disillusionment of the people of the Maldives that is simmering beneath the surface. Given the rising discontent within the population and the growing political opposition to the Gayoom regime, it is feared that President may take drastic measure to cling to power.

The deteriorating law and order situation and reported rising of discontent within the ranks of the NSS will only add to the President's woes. In the lead-up to the general elections scheduled for later this year, it will be vital for the international community to closely monitor the situation in the Maldives to ensure that the human rights of Maldivians are protected.