Country Report on Human Rights Practices for 1989
MALDIVES
.
The Republic of Maldives has a parliamentary form of government
with a strong president. In practice, government control in
this small, homogeneous society is exercised by an elite whose
authority is based on long tradition. There are no political
parties. Candidates for the unicameral legislature, the
Majlis, run as individuals. The Majlis selects a single
nominee for President who is subsequently approved or rejected
by the voters. In 1988 President Maumoon Abdul Gayoom was
reelected to a third term. This followed his unanimous
nomination by the Majlis and subsequent approval in a public
referendum by more than 95 percent of those voting.
Until recently, the Maldives had not been attacked or invaded
for hundreds of years. It thus sees no need for a large
defense and security establishment. In November 1988, however,
a few Maldivians using foreign mercenaries attempted
unsuccessfully to overthrow the Govsrnment. After the attempt,
the Government moved to strengthen its security forces. The
National Security Service (NSS) , previously numbering fewer
than 1,000, is now a force of about 1,500. The NSS is
responsible for maintaining internal law and order and
defending the country. The police division of the NSS
investigates crimes, makes arrests, and enforces house arrest.
The Maldives comprises 1,200 islands in 19 atolls scattered
across an area 500 miles long by 75 miles wide in the Indian
Ocean. The isolation of individual islands from each other,
and of the Republic as a whole from the rest of the world, is a
dominant feature of social and economic life. Nearly half the
population engages in traditional activities such as fishing,
harvesting coconuts, and small-scale farming. Industry
accounts for only 5 percent of the gross national product.
Human rights continue to be restricted in a number of areas,
including speech and press, religion, the right of citizens to
change their government, and women's and worker rights.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of political killings.
b. Disappearance
There were no reports of disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Maldivians follow Shari'a or Islamic law. Occasionally
convicted criminals are flogged. Usually, however, punishment
is confined to fines, compensatory payment, house arrest,
imprisonment, or banishment to a remote and sparsely populated
island.
d. Arbitrary Arrest, Detention, or Exile
The Constitution states that "no person shall be apprehended or
arrested, except on a verdict specified by Shari'a or (civil)
law." There is no provision under Maldivian law for preventive
detention. Incommunicado detention is rare.
Acting on formal written complaints alleging commission of a
crime, the Attorney General's office refers a case to the
appropriate court. The court then instructs the police to
undertake an investigation. A suspect may, depending upon the
charges, be detained or placed under house arrest for 15 days
while the case is investigated. In cases not brought to trial
within 15 days, the suspect is freed. Detention or house
arrest may be extended after the first 15 days by authority of
the President, though usually for less than a month. There is
no legal provision for bail. However, a defendant in detention
who has valid reasons to travel may receive permission to do so
from the Prisons Division.
Actions which "arouse the people against the Government" are
illegal, and persons may be arrested for violation of this law,
though none were in 1989.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
There is a High Court and eight lesser courts in Male, the
capital. Each deals with specialized cases, such as debt,
theft, or property claims. On other islands, there are
all-purpose courts. There are no jury trials. Trials are
conducted by judges trained in Islamic law. They are appointed
by the President and serve at his pleasure. Thus they cannot
be considered fully independent. Cases in island courts that
present knotty legal questions are referred to the appropriate
specialized court at Male. The Male court can in turn refer
the legal issue to four judges attached to the Justice
Ministry. The High Court acts as a court of appeal. It also
handles politically sensitive cases.
During trial, the accused may defend himself and call
witnesses. He also may be assisted by a lawyer. However,
there are few lawyers in the Maldives and courts do not provide
them to defendants. The length and type of sentence are
established by law and custom.
In 1989 the Maldivian judicial system faced an unprecedented
challenge when it tried 7 Maldivians and 68 Sri Lankans accused
of the November 1988 coup attempt. Court facilities were
expanded and foreign translators located for the accused
Tamil-speaking Sri Lankan mercenaries. However, a Sri Lankan
lawyer engaged to represent these defendants was unable to
secure government permission to participate in the court
proceedings. The accused were therefore without legal
counsel. All those tried were found guilty. Sixteen were
sentenced to death, but the sentences were commuted to life in
prison.
In its 1989 Report, Amnesty International (AI) stated that it
had written to the Government, urging that the prisoners be
granted access to lawyers and be tried in accordance with
international standards, and that the Government had replied
that the suspects would be tried according to Shari'a law.
Other than those found guilty for attempting to overthrow the
Government in 1988, there are no Maldivians serving sentences
for political crimes.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The Constitution prohibits opening, intercepting, reading, or
making public letters, telephone conversations, telegrams, and
wireless messages exchanged between persons "except in
accordance with the specific provisions of the law." There is
no evidence that the Government monitors correspondence or
telephone conversations or uses a regular system of informers.
The Constitution requires that private premises and dwellings
be respected. There have been no reports of practices to the
contrary.
There are no prohibitions on the import of foreign
publications, except those containg pornographic material.
Foreign broadcasts are not jammed.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and expression
"so long as the specific provisions of Shari'a and the law are
not contravened." In practice, freedom of speech and press are
restricted. A citizen may criticize or complain to the
Government without fear if he does so through recognized
channels. These include letters or oral complaints to the
President, a Majlis member, a civil servant, or other person in
authority. Maldivians often discuss the Government, sometimes
critically, in private. However, the law forbidding arousing
opposition to the Government, together with a tradition of
authoritarian rule, make Maldivians careful when expressing
their opinions to foreigners or in the media.
There are three privately owned newspapers. Each must register
with the Government. The only government-owned publication is
the News Bulletin. It is published by the Maldivian Department
of Information and Broadcasting. There is no prior censorship
of newspapers. However, because writers and editors are
subject to prosecution if their articles contravene the law,
self-censorship is well ingrained. No writers or editors were
prosecuted in 1989 for writing articles alleged to have created
antigovernment feelings.
b. Freedom of Peaceful Assembly and Association
The Constitution assures freedom of assembly and association.
However, Maldivians make little use of these freedoms in a
political sense. Most rallies and meetings are sponsored or
approved by the Government and are usually addressed by
government officials or religious leaders. Clubs and other
private associations are permitted if they do not contravene
Shari'a and civil law. They must be registered with the
Government.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
Freedom of religion is significantly restricted. The
Constitution affirms Islam as the official religion and defines
all citizens as Muslims. There are no churches, shrines or
synagogues for the practice of any other religion.
Missionaries of non-Muslim faiths may enter the Maldives but
are forbidden to proselytize. Conversion of a Muslim to
another faith is a violation of Islamic (Shari'a) law and would
result in the loss of citizenship for the Maldivian convert.
Links with Muslims in other countries are strong. Each year a
number of Maldivians perform the hajj.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
The Government discourages Maldivians from changing islands of
residence, primarily because most migrants move to Male, which
is severely overcrowded. In 1982 the Government reimposed
regulations that limit immigration to the capital island and
its surrounding atoll, permitting migration to Male for short
periods only for work, education, or medical treatment.
There are no restrictions on foreign travel or emigration. The
Government does not require exit visas. It requires a
Maldivian who has acquired another nationality to maintain
Maldivian nationality concurrently. Such a dual national must
enter and leave the Maldives on a Maldivian passport. As far
as is known, the Government has never revoked the citizenship
of a Maldivian. There are no refugees or displaced persons in
the Maldives. As far as is known, no Maldivians have been
exiled abroad or are refugees or displaced persons elsewhere.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Maldivians have only limited and indirect influence on the
selection and organization of their government. President
Maumoon Abdul Gayoom rules the Maldives together with a
well-educated elite loyal to him. A single nominee for
President is chosen by secret ballot in the Majlis from as many
candidates as are proposed by members. His nomination is
confirmed or rejected in a nationwide referendum, also by
secret ballot. President Gayoom was elected for a third 5-year
term by this process in 1988.
Members of the Majlis, a unicameral legislature, are chosen for
5-year terms by secret ballot. All Maldivians over 21 years of
age may vote. Of 48 members, 40 are elected--2 from each atoll
and 2 from Male--and the President appoints 8. Individuals or
groups may freely approach members of the Majlis with
grievances or opinions on proposed legislation. The most
recent Majlis election was held in November 1989.
While they are not forbidden by law, there are no political
parties. President Gayoom has publicly discouraged their
formation, declaring political parties inappropriate to the
homogeneous nature of Maldivian society. In place of political
parties, factions in the Majlis tend to form around individuals
or points of view. Any member may introduce legislation. If
seconded, it must be considered by the Majlis. The Majlis may
question ministers and call for their removal. In practice,
however, the Majlis generally supports the Government in its
positions after discussing and sometimes amending its proposals.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
There are no local human rights organizations. There were no
public requests for outside investigation of human rights
violations in 1989. The Government did respond to an inquiry
from AI concerning the trials of those involved in the November
1988 coup attempt (see Section I.e.).
Section 5 Discrimination Based on Race, Sex, Religion,
' Language, or Social Status
Women by tradition play a subordinate role in Maldivian
society, although they now participate in public life in
growing numbers. Islamic practice is the basis for Maldivian
civil law. It is therefore easier for husbands to divorce
wives than vice versa. Islamic law, or Shari'a, also governs
inheritance. Most women, like most men, are not part of the
cash economy. Women who do work for wages--for the Government,
in businesses on Male, or in garment factories—generally
receive wages similar to those of men.
In late 1988 the Government opened the NSS to female
applicants. There are now about 70 women in the NSS and more
are being sought.
Violence against women occurs in the Maldives, but little is
known about its extent. Abuse within the family, such as wife
beating, is seldom mentioned publicly owing to the value
attached to personal privacy in this conservative society, and
the Government does not acknowledge the existence of a
problem. There are no official statistics on the subject.
Section 6 Worker Rights
a. The Right of Association
There are no trade unions in the Maldives. The Government
recognizes neither the right to form them nor the right to
strike, and strikes do not occur. The Maldives are not a
member of the International Labor Organization.
b. The Right to Organize and Bargain Collectively
Workers' rights to organize and bargain collectively are
neither recognized nor protected by law. There are no export
processing zones in the Maldives, though the Government has
granted certain tax concessions to investors who opened garment
factories. As far as is known, the customary procedures
governing conditions of labor are the same for garment
factories and the economy as a whole.
c. Prohibition of Forced or Compulsory Labor
Although no information is available on Maldivian law on forced
or compulsory labor, there have been no reported instances.
d. Minimum Age for Employment of Children
There is no compulsory education law or minimum age for the
employment of young people. The Government has set no
restrictions on conditions under which children or young peoplemay be employed. However, most employers do not hire young
people for work at night or in what are considered hazardous
conditions.
e. Acceptable Conditions of Work
Until the mid-1970 's, most Maldivians were either self-employed
or held government jobs. There was a relative lack of interest
in workers' rights or organization. During the last 7 years,
however, three garment factories have opened, employing large
numbers of workers. Agreements between the Government and
foreign investors setting up these factories included no
provisions for workers' rights or treatment.
In 1982 the Government established a Department of Labor, and
an intergovernmental Labor Advisory Board met in 1987 to draft
the country's first labor laws. The Board's work is not yet
complete, and the country still has no statutory provisions for
hours of work and length of annual leave. An 8-hour day, 6-day
workweek is customary, though not enforced by law.
There is no national minimum wage, although the Government has
established wage floors for certain kinds of work. The wage
floor for garment workers is $84 per month. Employees who work
more than an 8-hour day are entitled to overtime pay.
Government workers receive 3 weeks' leave per year under labor
laws adopted in 1987.
