This page summarizes cases raised with Maldives by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Maldives.
Communications and observations are divided into sections based upon which observation report they originally appeared.
Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available).
Summaries and communications are published only in the language of submission (in the case of Maldives, English).
Observations
The Special Rapporteur regrets that the Government of the Maldives did not respond to his communication dated 29 February 2012. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide as soon as possible detailed responses to all the concerned he raised in his communication.
The Special Rapporteur further urges the authorities to refrain from using force during peaceful demonstrations and to ensure that any individual and legal entity, including political parties, can peacefully exercise their right of freedom of peaceful assembly. A thorough and independent investigation into any allegations of excessive use of force and of torture and ill treatment, including against women, during peaceful demonstrations, should be conducted; those responsible should be held accountable; and victims should be provided with full redress.
The Special Rapporteur refers again to Human Rights Council resolution 15/21, and in particular operative paragraph 1 that “[c]alls upon States to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
The Special Rapporteur welcomes the official invitation extended by the authorities on 19 May 2011 to conduct a field visit to the Maldives, and hopes to honour it in the near future.
Observations
The Special Rapporteur regrets that the Government of the Maldives did not respond to his communication dated 22 March 2012. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide as soon as possible detailed responses to all the concerned he raised in his communication.
The Special Rapporteur urges again the authorities to ensure that any individual and legal entity, including political parties, can peacefully exercise their right of freedom of peaceful assembly. A thorough and independent investigation into any allegations of excessive use of force and of torture and ill treatment, including against women, during peaceful demonstrations, should be conducted; those responsible should be held accountable; and victims should be provided with full redress.
The Special Rapporteur refers to Human Rights Council resolution 21/16, and in particular operative paragraph 1 that “[r]eminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
The Special Rapporteur hopes to honour in the near future the invitation extended by the Government in 2011 to conduct a field visit to the Maldives.
Observations
The Special Rapporteur regrets that, at the time of the finalisation of this report, no response had been transmitted to the communication sent during the reporting period. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide as soon as possible detailed responses to all the concerns raised in the communication due to the serious nature of the allegations received.
The Special Rapporteur remains seriously concerned about the alleged threats against Transparency Maldives, and the alleged targeting of Tourism Employee Association of Maldives, Transparency Maldives and Maldives NGO Federation. He urges the authorities to take all relevant measures to ensure that any individual and legal entity can peacefully exercise their rights of freedom of peaceful assembly and of association. He recommends that the Government put in place an enabling and safe environment allowing individuals to exercise their legitimate freedoms without undue hindrances. A thorough and independent investigation into any allegations of alleged human rights violations, including acts of intimidations or harassments, committed against those exercising their rights to freedom of peaceful assembly and of association, should be conducted; those responsible should be held accountable; and victims should be provided with full redress.
The Special Rapporteur hopes to honour in the near future the invitation extended by the Government in 2011 to conduct a field visit to the Maldives.
None
None
Observations
Responses to communications
The Special Rapporteur regrets that he has not yet received a response to his communication sent during the reporting period, and reminds the Government of Maldives that he considers responses to his communications as an important part of the cooperation of governments with his mandate. He looks forward to receiving detailed responses to the questions raised in this letter, at the earliest possible convenience, in conformity with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010).
He reiterates his concern that the “Protection of Reputation and Good Name & Freedom of Expression Bill,” which, subsequent to the sending of the communication was adopted by the Parliament on 9 August 2016 and ratified by the President on 11 August 2016, re-defines the limits of protected speech in a way that is incompatible with the right to freedom of expression as guaranteed under international human rights law. He further reiterates his concern at the broader effects that these undue limitations to freedom of expression could have on Maldivian society as a whole, in particular on the media, civil society organizations, human rights defenders, and in general those voicing dissent.
Overall, the Special Rapporteur urges the authorities of the Maldives to protect and promote the rights to free association and peaceful assembly. In this regard, he reminds the Government of its positive obligation to ensure that civil society, including human rights defenders and political activists, can carry out their legitimate work free in a safe and enabling environment without fear of threats or acts of intimidation, harassment or assassination of any sort.
Country visit
The Special Rapporteur thanks the Government of Maldives for its invitation to visit the country.
For the full reports, containing communications, replies and observations for all countries, see the following links:
Report A/HRC/20/27/Add.3: May 1, 2011 to March 15, 2012
Report A/HRC/23/39/Add.2: March 16, 2012 to February 28, 2013
Report A/HRC/26/29/Add.1: March 1, 2013 to February 28, 2014
Report A/HRC/29/25/Add.3: March 1, 2014 to February 28, 2015
Report A/HRC/32/36/Add.3: March 1, 2015 to February 28, 2016
Report A/HRC/35/28/Add.4: March 1, 2016 to February 28, 2017
