| Abstract: | Since 2008, the Republic of Maldives has gone through considerable constitutional changes,
ending a period of 30 years of authoritarian rule by President Maumoon Abdul Gayoom. While
his regime had been challenged from the early 1980s, President Gayoom was eventually forced to
introduce a reform process in 2004, which later on led to the enactment of a new constitution in
2008. The latter guaranteed the full separation of powers, as well as the creation of independent
institutions to monitor the three branches of power and safeguard human rights.
Following Mohamed Nasheed’s democratic election in 2008, a full range of fundamental
rights was promoted, and human rights abuses reduced drastically. However, there was also a
substantial lack of progress in some fields. Most importantly, Mohamed Nasheed did not take
any steps to investigate human rights abuses that occurred prior to 2008, thereby creating a
culture of impunity for perpetrators of past human rights violations.
Besides, due to poisonous party politics, the reform process was brought to a standstill several
times. At the occasion of the 2009 parliamentary elections, less than a year after the presidential
elections, the ruling party - the Maldivian Democratic Party (MDP) - was unable to secure a
majority. A number of important legislations, including the Penal Code, the Criminal Procedure
Code, the Civil Procedure Code, the Evidence Act, and the legislation on the right to peaceful
assembly therefore remained pending.
Despite commendable attempts by various institutions to act independently, all suffered from
political polarization, often resulting in conflict of interest and inertia. Despite constitutional
changes, the different sections of the judiciary failed to become fully independent.
Tensions culminated when Mohamed Nasheed ordered on 16th January 2012 the arrest of
Chief Judge of Criminal Court Abdulla Mohamed. On 6th February, a police mutiny sided
with the opposition and on 7th February, Mohamed Nasheed resigned. The Vice-President,
Mohamed Waheed, took on the responsibilities of President, which the MDP immediately
labelled as a coup. President Waheed rejected international calls for early elections saying it
was neither practical nor constitutional and, instead, established a Commission of National
Inquiry to “explore the facts, circumstances and causes of the events of 7th February 2012
that resulted in the transfer of power in the Maldives”. The Commission’s report was made
public on 30th August, concluding that the change of President of 7th February was legal and
constitutional.
However, more than six months after taking over power, the coalition government of Mohamed
Waheed has been accused of a wide range of human rights violations, from violent repression of
street protests, arbitrary arrests, sexual harassment of female protestors, torture and harassment
of pro-opposition media, to legal and physical harassment of members of the opposition. The
authorities have also failed to investigate crimes on an impartial basis. Despite all the evidence
available, the investigation for the attempted murder of human rights defender Hilath Rasheed
on 4th June 2012, has been stalled. |
