Summary: LGBT in Maldives, 2011

The Maldives achieved independence in 1965 and a 1968 referendum replaced the centuries-old sultanate with a republican system. Maumoon Abdul Gayoom, who took over as president in 1978 held onto power for nearly thirty years through a tightly controlled system of presidential referendums rather than competitive elections that severely reduced political space the Maldives.1 After political unrest in the early 200’s and a series of constitutional reforms Gayoom was unseated and his successor Mohamed Nasheed engaged in anticorruption measures, democratization, freedom of information reforms and press freedom.

Law criminalising same-sex sexual conduct. 

The Maldives Penal Code2 is not fully codified and there is no unified definition of criminal offences. Homosexual intercourse is criminalised under unwritten Sharia law, largely under sex outside of ‘proper’ marriage.

A report was commissioned in 2006 by the Attorney-General of the Maldives and the UNDP in view of a project to codify the penal laws and to insure more uniformity in their application.3 A report by the International Commission of Jurists in 2011 highlighted the need for reform of the Judicature and Penal Codes.4

Constitutional guarantees

Chapter II of the Maldivian Constitution 20085 sets out to protect a citizen’s fundamental rights and freedoms. Article 20 upholds a persons’ right to equality before the law and Article 24 protects the right to privacy. Article 10 states Islam as the religion of the state of the Maldives on which all laws are based. All rights and laws are subject to the qualification that they are not inconsistent with the tenants of Islam.

Law in action

The Maldivian newspaper Haveeru Daily reported in May 2011 of the arrest of an expatriate for having homosexual intercourse with a mentally ill boy.6 In 2009 they reported on the arrest of seven men for homosexual intercourse, two of which were reported as being local Imams.7 Another report referred to a teacher who was charged with homosexual relations with a student that was subsequently allowed to resume teaching pending trial and sufficient evidence.8 In 2003 Haveeru reported on the conviction of a Maldivian film star for engaging in lesbian sex, the participants were given nine months of house arrest and 10 lashes. The Rainbow Maldivian is a group which regards one of its aims as "connecting queer Maldivians together". They take a firm stance against discrimination based on sexual orientation.

During the 9th session of the UPR in November 2010 the Maldives rejected recommendations to decriminalise and to abolish corporal punishment, stating that they "they didn’t share the concerns about freedom of religion and the rights of LGBTI people".9

Constitutional challenges and Judicial review

A recent report has heavily criticised the independence of the judiciary.9 The Supreme Court and the High Court has the jurisdiction to enquire into and rule on the constitutional validity of statutes and the actions of the People’s Majlis – the popular term for the legislative body of the Maldives.11

Social Impact of the Law

An article in 2005 published by Haveeru stated that the choice of the Maldivian people of Islamic values and laws had Constitutional priority over UN advocated rights, using gay and lesbian unions as an example.12

Reference:

1. Freedom House, Freedom in the World 2011 - Maldives, 21 July 2011, available at: http://www.unhcr.org/refworld/docid/4e27e91d27.html [accessed 26 September 2011]
2. Maldives Penal Code Act 1/81, accessed at Maldives Government website, http://www.agoffice.gov.mv/pdf/sublawe/PC1.pdf (accessed 29 June 2011)
3. "Final Report of the Maldivian Penal Law & Sentencing Codification Project," Vol 1 Text of Draft Code. Prepared by P. Robinson and University of Pennsylvania Law School, commissioned by Office of Attorney General Maldives and the United Nations Development Project, accessed at Maldives Mission to United Nations website http://www.maldivesmission.ch/pdf/Penal_Code_1.pdf (accessed 29 June 2011)
4. "International Commission of Jurists raises courts concerns ahead of Maldives report launch," Minivian News, 16 February, 2011 http://minivannews.com/society/international-commission-of-jurists-raises-courts-concerns-ahead-of-maldives-report-launch-16182 and Amnesty International - Report on the Maldives 2011 http://www.amnesty.org/en/region/maldives/report-2011 (accessed 29 June 2011)
5. The Constitution of the Republic of the Maldives 2008, accessed at Maldives government website, http://www.maldivesinfo.gov.mv/home/upload/downloads/Compilation.pdf (accessed 29 June 2011)
6. "Expatriate worker arrested for homosexual sex with a mentally ill boy", The Haveeru Online, 30 May, 2011 http://www.haveeru.com.mv/english/details/36614/Expatriate_worker_arrested_for_homosexual_activity_with_mentally_ill_boy (accessed 29 June 2011)
7. "Seven men arrested for engaging in homosexual activity", The Haveeru Online, 08 Dec, 2009 http://www.haveeru.com.mv/english/details/28681/Seven_men_arrested_for_engaging_in_homosexual_activity (accessed 29 June 2011)
8. "Teacher arrested on charges of having homosexual relationship with student resumes teaching," The Haveeru Online, 04 June, 2009 http://www.haveeru.com.mv/english/details/27155/Teacher_arrested_on_charges_of_having_homosexual_relationship_with_student_resumes_teaching (accessed 29 June 2011)
9. ‘Maldives reviewed under the UPR: No freedom of religion despite considerable progress in other areas’ at International Service for Human rights http://www.ishr.ch/archive-upr/949-maldives-reviewed-under-the-upr-no-freedom-of-religion-despite-considerable-progress-in-other-areas accessed 31 Oct 2011
10. David Stephens ‘ICJ report reveals Maldives judiciary still not completely independent’ haveeruonline accessed at http://www.haveeru.com.mv/english/details/34946/ICJ_report_reveals_Maldives_judiciary_still_not_completely_independent 28 September 2011.
11. Article 143 (a) of the 2008 Constitution of the Republic of the Maldives.
12. "Basic rights of the people, and the supremacy of our constitution", The Haveeru Online, 11 July, 2005 http://www.haveeru.com.mv/english/details/11748/Basic_rights_of_the_people,_and_the_supremacy_of_our_constitution (accessed 29 June 2011)

via Human Rights Initiative

Posted in: Report