Comprehensive study of the Maldivian civil society

Abstract

The Comprehensive Study of the Maldivian Civil Society, initiated by UNDP Maldives in collaboration with the Ministry of Youth, Sports and Community Empowerment (MoYSCE), aims to provide an overview of Maldives’ civil society sector, including civil society organizations (CSOs), and also taking account of government agencies, donor agencies, unregistered movements and the broader community. The study comprised four main data collection components: (1) a desk review of existing literature including the legislative framework around CSOs, (2) a categorization survey which was open for all registered and unregistered CSOs, (3) in-depth interviews among a selected sample of CSOs, and (4) stakeholder consultations including Key Informant Interviews (KII) and Focus Group Discussions (FGD) with central and local stakeholders and community groups in selected islands. The study methodology, sample size, respondent rates, and challenges and mitigation measures adopted are further detailed in Chapter 4 of this report. This report is presented in eight chapters: a desk review of the legal framework and regulatory environment, study methodology, the Maldivian civil society landscape, operation of CSOs in Maldives, collaborations and partnerships, independence, credibility and public confidence in the sector, regulation and governance of CSOs and finally, key recommendations. The following paragraphs briefly summarize the discussions in each chapter. The current Associations Act establishes the legal framework for the formation, registration and operation of associations, parties and clubs. However, inadequacies in the legal framework in terms of definitions and classifications are exacerbated by combining nongovernmental organizations (NGOs), sports clubs, foundations and more under one roof. Governing all CSOs under one umbrella can lead to logical inconsistencies as clubs and other organizations may have a profit component but no social component. Moreover, this uniform system of governance creates discrepancies, as a result of differences in the nature of the organizations, highlighting issues and inconsistencies across CSOs in terms of accessibility, resources and other factors. The current legal framework also causes confusion regarding the governing body of Maldivian CSOs. When the Sports Act was reviewed to further understand this discrepancy, it was found that the Commissioner of Sports is the governing parental body of sports clubs, raising questions about whether sports clubs would still be governed under the Associations Act or if governance would be duplicated. In reaction to this apparent conflict, the MoYSCE stated that organizations must register under the Sports Act only if sports are their primary activity and, if not, can choose to register under the Associations Act. Given the generalist nature of Maldivian CSOs, especially in the smaller island communities, where many CSOs focus on both sports and other community empowerment areas, the issue regarding the governing body still remains unsettled. Further discussions on the issue and other relevant legal documents are discussed in Chapter 3 of this report. Following Chapter 4 on methodology, Chapter 5 of this report outlines the current civil society landscape in Maldives. It provides an overview of CSOs in Maldives including a summary of the registration process, the length of time of their operation and reasons for their establishment. It also categorizes CSOs based on their nature of organization, focus area, location, geographical scope, target beneficiaries and broad functions. This chapter further explores the characteristics of Maldivian CSOs including their income, membership size and volunteer base, level of activity and required assistance. The next few paragraphs will briefly summarize the findings.