Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/mac/TEXT/HUMANrts/MALDIVES.TXT

Text File | 1996-01-05 | 23KB | 489 lines

TITLE:  MALDIVES HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995

                            MALDIVES


The Republic of Maldives comprises 1,190 islands scattered
across an area 500 miles long by 75 miles wide in the Indian
Ocean.  The population is about 245,000 persons.  The Maldives
have a parliamentary form of government with a strong
executive.  The president appoints one-sixth of the Parliament,
the Cabinet, and members of the judiciary.  Political parties
are officially discouraged and candidates for the unicameral
legislature, the Citizens' Majlis, run as individuals.  They
are elected to 5-year terms by universal suffrage.  The Majlis
selects a single presidential nominee who is approved or
rejected in a national referendum.  The Majlis must approve all
legislation and can enact legislation without presidential
approval.  Civil law is subordinate to Islamic law, but civil
law is generally applied in criminal and civil cases.  The
President derives additional influence from his constitutional
role as the protector of Islam.

The National Security Service (NSS), which includes the armed
forces and police, has between 1,500 to 2,000 members who serve
in both police and military capacities during their careers.
The police division investigates crimes, collects intelligence,
makes arrests, and enforces house arrest.

Fishing, small-scale agriculture, and tourism provide
employment for over half the work force.  Tourism accounts for
over one-quarter of government revenues and roughly 40 percent
of foreign exchange receipts.  Manufacturing is 6 percent of
the Gross Domestic Product.

The Government restricts human rights in several areas, but the
political process became more open in the past year.  Political
groupings at odds with the Government emerged in the Majlis
which played a more active political role.  However, the
President's power to appoint a significant portion of the
Parliament still constrains citizens' ability to change their
government.  An easing of government restrictions and creation
of a Press Council has allowed a greater diversity of views in
the media.  Nonetheless, important restrictions continued on
the freedom of religion.  Women and workers faced continuing
restraints on the full exercise of their rights.  Some of these
restrictions are linked to the Government's observance of
Shari'a (Islamic law) and other Islamic customs.

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 or extrajudicial killings.

     b.  Disappearance

There were no reports of disappearances.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

There were no reports of beatings or other mistreatment of
persons in police custody.  Convicted criminals may be flogged
under judicial supervision when this punishment is prescribed
by Islamic law.  However, there were no reported floggings.
Punishments are usually confined to fines, compensatory
payment, house arrest, imprisonment, or banishment to a remote
atoll.  The Government generally permits those who are banished
to receive visits by family members.

Prison conditions are adequate.  Food and prisoner housing are
good by Maldivian standards.  Prisoners are allowed to work in
prison and given opportunity for regular exercise and
recreation.  Spouses are allowed privacy during visits with
incarcerated partners.

     d.  Arbitrary Arrest, Detention, or Exile

The Constitution states that "no person shall be apprehended,
except on a verdict specified by Shari'a or (civil) law."
Police initiate investigations based on suspicion of criminal
activity or in response to written complaints from citizens,
police officers, or government officials.  They are not
required to obtain warrants for arrests.  Based on the results
of police investigations, the Attorney General refers cases to
the appropriate court.  The authorities generally keep the
details of a case confidential until they are confident that
the charges will be upheld.

Depending on the charges, a suspect may remain free, detained
in prison, or under house arrest for 15 days during
investigations.  The President may extend pretrial detention
for an additional 30 days, but in most cases the suspect is
released if not brought to trial within 15 days.  Those who are
released pending trial may not leave a specific atoll.  The
law, however, permits indefinite detention without charge for
suspects accused of drug abuse, terrorism, or attempted
overthrow of the Government.  There is no right to legal
counsel during police interrogation.  There is no provision for
bail.

The Government may prohibit access to a telephone and nonfamily
visits to those under house arrest.  While there have been no
reported cases of incommunicado detention in recent years, the
law does not provide safeguards against this abuse.

There were no reports that security officials held citizens for
prolonged periods without charge.  However, 18 Sri Lankan
fishing boat captains accused of poaching in Maldivian water
were held for extended periods--in some cases over 9
months--without charge.

There were no reports of external exile in 1994.  However, the
Government sometimes banishes citizens to remote atolls.

     e.  Denial of Fair Public Trial

There are eight lesser courts and a High Court on the capital
island, Male'.  The High Court handles a wide range of cases,
including politically sensitive ones, and acts as a court of
appeal.  Each of the lesser courts adjudicates specialized
cases, such as debt, theft, or property claims.  There are also
general courts on the islands.  There are no jury trials.  Most
trials are public and conducted by judges trained in Islamic
and civil law.

Cases on outer islands are usually adjudicated by individuals
without formal legal training, but more complex legal questions
are referred to the appropriate specialized court in Male'.
The Male' court may in turn refer the issue to four judges
attached to the Justice Ministry.

During trial, the accused may defend himself, call witnesses,
and be assisted by a lawyer.  Courts do not provide lawyers to
indigent defendants.  Judges question the concerned parties and
attempt to establish the facts of a case.  They render verdicts
based on law and custom.

Civil law is subordinate to Islamic law, or Shari'a.  Shari'a
is applied in situations not covered by civil law as well as in
certain acts such as divorce and adultery.  Courts adjudicating
matrimonial and criminal cases generally do not allow legal
counsel in court because, according to a local interpretation
of Shari'a, all answers and submissions should come directly
from the parties involved.  However, the High Court allows
legal counsel in all cases, including those in which the right
to counsel was denied in the lower court.  Under Islamic
practice, the testimony of two women is required to equal that
of one man.

The President influences the judiciary through his power to
appoint and dismiss judges, all of whom serve at his pleasure
and are not subject to confirmation by the Majlis.  The
President also has authority to affirm judgments of the High
Court, order a second hearing, or overturn the Court's
decision.  The President may also grant pardons and amnesties.

Supporters of Ilyas Ibrahim, the President's chief rival for
the 1993 presidential nomination, who had been detained in late
1993, were brought to trial in early 1994.  They were charged
with involvement in Ibrahim's antistate activities for which he
was convicted in absentia in 1993.  Eight persons were tried,
convicted, and sentenced by early 1994 to 7 years' banishment.
The sentence was reduced to 1 year on appeal.

There are some political prisoners, most of whom were
associated with the 1993 presidential aspirant Ilyas Ibrahim.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

The Constitution prohibits security officials from opening or
reading letters, telegrams, and wireless messages or monitoring
telephone conversations, "except in accordance with the
specific provisions of the law."  The NSS may open the mail of
private citizens and monitor telephone conversations if
authorized in the course of a criminal investigation.

Although the Constitution requires the authorities to respect
private premises and dwellings, there is no legal requirement
for search or arrest warrants.  The Attorney General or a
commanding officer of the police must approve the search of
private residences.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

Citizens enjoyed greater freedom of speech and expression in
1994.  However, Law No. 4J/68 of 1968 still prohibits public
statements that are contrary to Islam, threaten the public
order, or are libelous.  In September a court sentenced one
person to 6 months for making false statements about the
Government.  The Penal Code prohibits inciting the people
against the Government.  However, a 1990 amendment to the Penal
Code decriminalized "any true account of any act of commission
or omission past or present by the Government in a lawfully
registered newspaper or magazine, so as to reveal
dissatisfaction or to effect its reform."

In 1994 the Government established a Press Council, composed of
government and private media representatives, lawyers, and
government officials, which oversees the press and protects the
rights of journalists.  The Council is drafting a code of
ethics for journalist activity.  The Government is also
reviewing regulations that made publishers responsible for the
content of the material they published.

In 1994 there were no reports of government censorship of
either the print or electronic media, nor were there closures
of any publications or reports of arrests or intimidation of
journalists.  The last of the journalists associated with the
closed newspaper Sangu was released in October 1993 from
serving a 3-year sentence under house arrest and has resumed
writing.  The Government reportedly discontinued its practice
of providing reporting guidelines to the media.

The range and diversity of viewpoints in the media also
expanded in 1994.  Television news and public affairs
programming routinely discussed topics of current concern and
freely criticized government performance.  Regular press
conferences were instituted with government ministers.

The Government owns and operates the only television and radio
station.  It does not interfere with foreign broadcasts or the
sale of satellite receiving dishes.  Foreign newscasts such as
the Cable News Network (CNN) are aired on the government
television station.

Seventy-six newspapers and periodicals are registered with the
Government which publishes 13 of them.  Aafathis, a morning
daily, is published by the brother of the President's principal
political rival, Ilyas Ibrahim, and is often critical of
government policy.  An evening daily, Haveer, is published by
one of the President's supporters.

There are no legal prohibitions on the import of foreign
publications, except those containing pornography or material
otherwise deemed objectionable to Islamic values.  No seizures
of foreign publications were reported in 1994.  There are no
reported restrictions on academic freedom, nor any governmental
censorship or control over classroom materials.  Some teachers
are reportedly vocal in their criticism of the Government.

     b.  Freedom of Peaceful Assembly and Association

Article 15 of the Constitution provides for the right to
assemble, as long as the law or the Islamic code of behavior
are upheld.  The Home Ministry permits public political
meetings during electoral campaigns but limits them to small
gatherings on private premises.  The Government registers clubs
and other private associations if they do not contravene
Islamic and civil law.  While not forbidden by law, political
parties are officially discouraged by the President on the
grounds that they are inappropriate to the homogeneous nature
of society.  However, there is an active and outspoken
opposition group within the Majlis that has stimulated closer
parliamentary examination of government policy.

     c.  Freedom of Religion

Freedom of religion is significantly restricted.  The
Constitution designates Islam as the official religion and
requires all citizens to be Muslims.  The practice of any
religion other than Islam is prohibited by law.  However,
foreign residents are allowed to practice their religion if
they do so privately.

There are no places of worship for adherents of other
religions.  The Government prohibits the importation of icons
and religious statues.  It also prohibits non-Muslim clergy and
missionaries from proselytizing and conducting public worship
services.  Conversion of a Muslim to another faith is a
violation of Shari'a law and may result in a loss of the
convert's citizenship, although law enforcement authorities say
this provision has never been applied.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

Citizens are free to travel at home and abroad, emigrate, and
return. Bbecause of overcrowding, the Government discourages
migration into the capital island of Male' or its surrounding
atoll.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

Maldivians' ability to change their Government freely is
constrained, as a strong executive exerts significant influence
over both the legislature and the judiciary.  The Majlis
chooses a single presidential nominee who must be a Sunni
Muslim male.  The candidate is not permitted to campaign for
the nomination and is confirmed or rejected by secret ballot in
a nationwide referendum.  In 1993 President Gayoom was
reelected to a fourth 5-year term.

The elected members of the Majlis serve 5-year terms.  All
citizens over 21 years of age may vote.  Of the body's 48
members, 40 are elected--2 from each of the 19 inhabited atolls
and 2 from Male'--and the President appoints 8 members.
Individuals or groups are free to approach members of the
Majlis with grievances or opinions on proposed legislation, and
any member may introduce legislation.

The Office of the President is the most powerful political
institution.  The Constitution gives Islamic law preeminence
over civil law and designates the President as the protector of
Islam.  The President's authority to appoint one-sixth of the
Majlis members, which is one-third of the total needed for
nominating the President, provides the President with a power
base and strong political leverage.

Relations between the Government and Majlis have been
constructive.  The Government may introduce legislation, but
may not enact a bill into law without the Majlis' approval.
However, the Majlis may enact legislation into law without
Presidential assent if the President fails to act on the
proposal within 30 days or if a bill is repassed with a
two-thirds majority.  In recent years, the Majlis has become
increasingly independent, rejecting 8 government bills since
1990 and sending 28 bills to committee for review.

In 1993 the Majlis introduced a question time in which members
may question government ministers about public policy.  Debate
on the floor has since become increasingly sharp and more
open.  The last Majlis election was held in December.
According to South Asian Association for Regional Cooperation
observers, the elections were generally free and fair.
Irregularities were observed and repolling required in one of
20 constituencies.  Over 200 candidates campaigned freely for
40 seats.

Women are not eligible to become president but may hold other
government posts.  For reasons of tradition and culture, few
women seek or are selected for public office.  In 1994 two
women served in the Majlis and one in the Cabinet.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

There are no active local human rights groups.  The Government
has been responsive to at least one foreign government's
interest in examining human rights issues.  The Government also
facilitated the visit of a team of South Asian Association for
Regional Cooperation election observors.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

     Women

Women traditionally have played a subordinate role in society,
although they now participate in public life in growing numbers
and gradually at higher levels.  Well-educated women maintain
that cultural norms, not the law, inhibit women's education and
career choices.  In many instances, education for girls is
curtailed after the seventh grade, largely because parents do
not allow girls to leave their home island for one having a
secondary school.  Due largely to orthodox Islamic training,
there is a strong strain of conservative sentiment--especially
among small businessmen and residents of the outer
islands--which opposes an active role for women outside the
home.

Under Islamic practice, husbands may divorce their wives more
easily than vice versa--absent any mutual agreement to
divorce.  Islamic law also governs inheritance, according to
male heirs twice the share of female heirs.  As noted in
Section 1.e., a woman's testimony is equal to only half of that
of a man.  Women who work for wages generally receive pay equal
to that of men in the same positions.  About 10 percent of
uniformed NSS personnel are women.

There are no firm data on the extent of violence against women
because of the value attached to privacy in this conservative
society.  Police officials report that they receive few
complaints of assaults against women.  Maldivian women's rights
advocates agree that wife beating and other forms of violence
are not widespread.  Rape and other violent crimes against
women are rare.

     Children

There is no reported pattern of abuse against children.
Children's rights are incorporated into Maldivian law, which
specifically protects children from both physical and
psychological abuse--including at the hands of teachers or
parents.  The Ministry of Home Affairs has the authority to
enforce this law, takes its responsibility seriously, and has
received strong popular support for its efforts.

     People with Disabilities

There is no law that specifically addresses the rights of the
physically or mentally disabled.  However, the Government has
established programs and provided services for the disabled.
There is no legislated or mandated accessibility for the
disabled.

Section 6  Worker Rights

     a.  The Right of Association

While the Government does not expressly prohibit unions, it
recognizes neither the right to form them nor the right to
strike.  There were no reports of efforts to either form unions
or to strike in 1994.

The work force consists of approximately 57,000 persons, about
20 percent of whom are employed in fishing.  About 17,000
foreigners work in Maldives.  Many are from Sri Lanka and India
and work in resort hotels so that Maldivian nationals may avoid
serving liquor.  Many factory workers are also foreign
laborers; others are engaged in construction projects.  The
great majority of workers are employed outside the wage
sector.  The Government estimates that the manufacturing sector
employs about 15 percent of the labor force and tourism another
10 percent.

     b.  The Right to Organize and Bargain Collectively

The law neither prohibits nor protects the workers' rights to
organize and bargain collectively.  Wages in the private sector
are set by contract between employers and employees and are
usually based on the rates for similar work in the public
sector.  There are no laws specifically prohibiting antiunion
discrimination by employers against union members or
organizers.  The Government has exerted pressure in the past to
discourage seamen from joining foreign seamen's unions as a
means to secure higher wages.  There were no reported
complaints alleging such discrimination in 1994.  In addition,
there were no reports in 1994 of government interference with
workers' attempts to join unions.

There are no export processing zones.

     c.  Prohibition of Forced or Compulsory Labor

Forced or compulsory labor is not prohibited by law.  There are
no reports that it is practiced.

     d.  Minimum Age for Employment of Children

There is no compulsory education law.  A 1992 law bars children
under 14 years of age from "places of waged work" and from work
that is "not suitable for that child's age, health, or physical
ability" or that "might obstruct the education or adversely
affect the mentality or behavior of the child."  An earlier law
prohibits government employment of children under the age of
16.  There are no reports of children being employed in the
small industrial sector, although children do work in family
fishing, agricultural, and commercial activities.  The hours of
work of young workers are not specifically limited by statute.

     e.  Acceptable Conditions of Work

In June the Government promulgated its first set of regulations
for employer-employee relations.  The regulations specify the
terms that must be incorporated into employment contracts and
address such issues as training, work hours, safety,
remuneration, leave, fines, termination, etc.  There is no
national minimum wage for the private sector, although the
Government has established wage floors for certain kinds of
work.  Given the severe shortage of labor, employers must offer
competitive pay and conditions to attract skilled workers.

There are no statutory provisions for hours of work, but the
new regulations require that a work contract specify the normal
work and overtime hours on a weekly or monthly basis.  In the
public sector, a 6-hour day and a 6-day workweek have been
established through administrative circulars from the
President's office.  Overtime pay for working more than 6 hours
a day was instituted in the public sector in 1990.  Under the
new regulations employees are authorized 20 days of annual
leave, 30 days of medical leave, maternity leave of 45 days,
and special annual leave of 10 days for extraordinary
circumstances.  There are no laws governing health and safety
conditions.  Regulations require that employers provide a safe
working environment and ensure the observance of safety
measures.