The Maldives: Trouble in Paradise

In response to strong public protests, President Gayoom of the Maldives has committed his government to bring about constitutional reform. However, despite the promises, there are serious concerns about the pace and substance of reforms and, particularly, that international human rights and democratic norms continue to be regularly breached in the Maldives. CHRI’s is one of the increasing number of voices highlighting these concerns – most recently in a media release on October 24th and letters to the Maldivian government and the Commonwealth Secretary-General.

The Maldives is plagued by human rights violations and disregard for principles of participatory democratic governance and the rule of law. The free press faces harassment - particularly when the government’s actions are criticised - and civil society faces restrictions through delays in registering NGOs. Concerns have been raised that the recent Human Rights Commission Act does not conform to the international standards of the Paris Principles and may in effect diminish its authority and credibility. The positive step of registering political parties has been undermined by arrests that effectively target the opposition.

Of particular concern are issues of access to justice and fair trial standards. The criminal justice system has been indicted for “systematically failing to do justice and regularly doing injustice.” Recent studies, including by top British barristers headed by Sir Ivan Lawrence QC, have voiced serious concern about the lack of separation of powers and that the President is in control of everything, including the judiciary.

A recent, highly disturbing case is that of Jennifer Latheef. On 18th October Ms. Latheef was given a 10-year sentence on charges of “terrorism” – a clear indication of the serious problems with the judicial system. Ms. Latheef, 32, is an outspoken critic of the President’s 27-year rule and the human rights coordinator of the opposition Maldivian Democratic Party. She has been termed by Amnesty International a “prisoner of conscience”.

Ms. Latheef’s charge arose in connection with a September 2003 demonstration protesting the custodial deaths of four prisoners. Three others involved in the demonstration have already been sentenced. Charges include “the assault of a number of police officers, plus the torching of government buildings and an election office”. Ms. Latheef denies all charges.

The trial itself has been mired in controversy. Six out of seven prosecution witnesses against Ms. Latheef were police officers whose statements were not always consistent. However, the judge ruled that Ms. Latheef was guilty of terrorism, and has sentenced her to 10 years in prison. Ms. Latheef is unwell and although she has been allowed to see a doctor while in prison, she has reportedly been denied access to medication that she urgently requires.

While the promised reforms in the Maldives are an important step in the right direction, these are undermined by the lack of demonstrable progress, as well as lack of due process or adherence to standards of fair trial. If positive action is not taken soon, citizens in the Maldives and observers across the world will lose faith in the government’s promises of goodwill. There is also increasing frustration with international governments and agencies for their reluctance to make public statements condemning negative events in the Maldives. Continued silence implies acceptance of violations of human rights. Within the Commonwealth context, such silence also risks damaging the association’s reputation since membership is dependent on adherence to the principles of democracy and human rights articulated in the Harare Declaration.

CHRI’s Executive Director, Maja Daruwala, recently called for an urgent review of Ms Latheef’s trial and stated that: “It is hoped that following such blatant disregard for human rights, the international community will finally take decisive action in the Maldives. It is time for action by the Commonwealth in particular, or the association may face another situation like in Zimbabwe”.