MALDIVES


The Republic of Maldives comprises 1,190 islands in 26 natural
atolls scattered across an area 500 miles long by 75 miles wide
in the Indian ocean with a population of some 225,000 persons.
It has a parliamentary form of government with a strong
executive. In practice, government authority in this small,
homogeneous society rests largely in the hands of the President
and a number of powerful Cabinet ministers. Political parties
are officially discouraged. Candidates for the unicameral
legislature, the Citizens' Majlis, run as individuals. The
Majlis selects a single nominee for president who is
subsequently approved or rejected by the voters.

In 1993 the Majlis nominated President Maumoon Abdul Gayoom for
a fourth 5-year term. His principal rival for the nomination,
Ilyas Ibrahim, was subsequently tried in absentia for violation
of the Constitution, found guilty of treason, and sentenced to
more than 15 years' banishment in what was widely seen as a
politically motivated legal proceeding. A number of Ibrahim's
supporters were arbitrarily detained, and some were later tried
and convicted for political offenses.

The National Security Service (NSS), which includes the army
and police, is responsible for maintaining internal law and
order as well as defending the country. Total NSS membership
is estimated at between 1,200 and 2,000. NSS members generally
serve in both police and military functions over their
careers. The police division investigates crimes, does
security intelligence work, makes arrests, and enforces house
arrest.

Nearly half the work force engages in traditional activities
such as fishing and small-scale agriculture. Manufacturing and
tourism employ an additional 25 percent of the work force, with
tourism accounting for 40 percent of foreign exchange
receipts.

The Government continues to restrict human rights closely in
several areas, including the right of citizens to change their
government, freedom of speech and of the press, freedom of
religion, and women's and workers' rights. There are some
political prisoners. Other problems include arbitrary arrest,
incommunicado detention, and lack of an independent judiciary.
Some of these restrictions--on religion and women's rights, for
example--are linked with the country's observance of the
Shari'a (Islamic law) and other Islamic principles and 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 such killings in 1993.

b. Disappearance

There were no reports of disappearances in 1993.

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

There were no credible reports in 1993 that persons were beaten
while in police custody. Supporters of Ilyas Ibrahim were
alleged to have been abused while in custody, but these
allegations were not substantiated. Convicted criminals may be
flogged under judicial supervision when this punishment is
prescribed by the Shari'a. Usually, however, punishment is
confined to fines, compensatory payment, house arrest,
imprisonment, or banishment to a remote and sparsely populated
atoll. Banishment is considered a particularly severe
punishment because the banished person is not allowed visits by
family members.

Prison conditions are reported to be adequate. Food and
accomodation provided, especially for political prisoners, is
reportedly quite good by Maldivian standards. Prisoners are
allowed to work while in prison. Spouses are now allowed
complete 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 undertake investigations either on suspicion of criminal
activity or in response to a formal written complaint alleging
commission of a crime. The complaint can be written by anyone,
including a citizen, police officer, or government official.
No warrants are required for arrests, but arrests are made only
after clearance from a superior officer, such as the
officer-in-charge, is received. Depending on the results of
the police investigation, the Attorney General may refer the
case to the appropriate court.


Complainants may also directly petition a court for its
intervention. It is customary not to disclose to the public
the details of the charges against a person until it has been
established that the charges are likely to be upheld.

Persons under investigation generally are free pending trial,
provided they do not leave a specified atoll. Depending on the
charges, however, a suspect may be imprisoned or placed under
house arrest without trial for 15 days while the case is being
investigated. In most cases, if not brought to trial within 15
days, the subject is freed. After the first 15 days, detention
or house arrest may be extended for 30 days by authority of the
President. There is no limit on the detention of persons
suspected of such crimes as illegal drug use, terrorism, or
attempted overthrow of the Government. As a result, such
detainees may be held without trial indefinitely.

There is no provision under Maldivian law for bail. Neither is
there a requirement in law that persons be formally charged
before being detained on suspicion, so some suspects,
especially for political offenses, have been imprisoned or held
under house arrest for weeks or months without charge. There
is also no right to legal counsel during police interrogation
or the making of a confession. One detainee, charged with
withholding information about terrorist activities, was
arrested in February 1991 and held under house arrest for 2
years before his trial (at which he was acquitted in March
1993) began. Some detainees reportedly have been held without
access to lawyers, friends, or family. Persons held under
house arrest may be prohibited visits by nonfamily members and
access to a telephone. At times prisoners have been held
incommunicado as a way to extract confessions.

Most, if not all, of the more than 50 persons arrested in
November 1990 on what appear to have been exaggerated charges,
including terrorism and political subversion, have either been
released or tried, convicted, and sentenced to imprisonment or
banishment to outer atolls.

In 1993 at least 20 supporters of Ilyas Ibrahim--the
President's brother-in-law and chief rival for the presidential
nomination--were detained. Three were charged with assisting
Ibrahim in his campaign to win the presidency--an offense under
the Maldives' Constitution (see Section 2.e. and Section 3).
They were convicted and sentenced to 10 years' banishment. A
fourth was sentenced to 7 years' banishment for withholding
information about the above-mentioned crime. Other detainees
were released after questioning, but approximately eight are
believed to still be in police custody awaiting the filing of
charges.

There were no cases of foreign exile in 1993. The practice of
banishment to remote atolls is a form of internal exile.

e. Denial of Fair Public Trial

The President exercises considerable influence over the
judiciary as demonstrated by his power to appoint and dismiss
judges. All judges serve at his pleasure; they are not subject
to confirmation by the citizens' Majlis. The High Court falls
under the authority of the Office of the President. Under the
law, the President has the power to grant pardon and amnesty to
offenders but, according to Maldivian officials, does not
determine sentences. Some observers also believe that the
President personally reviews some court decisions and may use
his influence to affect the outcome of decisions.

There are eight lesser courts and a High Court in 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 deals with specialized
cases, such as debt, theft, or property claims. On other
islands, there are all-purpose courts. There are no jury
trials. Most trials are open to the public and are conducted
by judges trained in Islamic and civil law. Public and press
attendance at trials of persons charged with political crimes
has, on occasion, been restricted, but the major political
cases in 1993--that of Ilyas Ibrahim and his supporters--were
open to the public and heavily attended.

Ibrahim was charged with having illegally attempted to become
president of the Maldives. Under the Constitution, nomination
of the presidential candidate is the responsibility of
Parliament and it is a constitutional offense for an individual
to actively seek the office. Ibrahim was also charged with
having violated his oath as minister. Ibrahim, who was out of
the country, declined to appear before the court as ordered.
He was ultimately tried in absentia. Although he was
represented by counsel during the proceedings, Ibrahim claims
that his attorney was prevented from traveling abroad to meet
with him and that telephone and fax communications between him
and his attorney were monitored by the Government. Ibrahim was
convicted on both charges and sentenced to 15 years' banishment
on the first count and to 6 months' additional banishment on
the second. He still faces two additional charges involving
conflict of interest between his ministerial duties and private
positions that he held concurrently.

Most Maldivians believe that the charges against Ibrahim were
motivated primarily by political considerations and that the
results of the trial were a foregone conclusion (see Section
3). However, most also believed that there was some substance
to the charges by government officials that Ibrahim attempted
to bribe parliamentarians to vote for him.

Cases on outer islands are usually adjudicated by traditional
legal practitioners, 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 and call
witnesses. He also may be assisted by a lawyer, but most
defendants do not use them because there are few professionally
trained lawyers in Maldives. Courts do not provide lawyers to
defendants who cannot obtain legal counsel on their own.
Traditional Islamic judges question the concerned parties and
attempt to establish the facts of a case as well as reach a
legal judgment. Generally, the length and type of sentence are
established by law and custom.

Shari'a and civil law operate simultaneously in the Maldivian
legal system, but civil law is subordinate to Shari'a. Shari'a
is applied in situations not covered by civil law as well as in
dealing with certain specific acts and offenses, such as
divorce and adultery. The courts that deal with matrimonial
and criminal cases do not, as a general rule, allow legal
counsel to be present because the interpretation of Shari'a
used in Maldives argues that answers and submissions should
come directly from the parties involved. The High Court of
Maldives, however, does allow legal counsel in all types of
cases, including those in which the right to counsel was denied
by the lower court.

There are political prisoners, but there are no reliable
estimates of the number.


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

The Constitution prohibits opening, or reading letters,
telephone conversations, telegrams, and wireless messages
exchanged between persons "except in accordance with the
specific provisions of the law." The NSS sometimes opens the
mail of private citizens and notifies them that it has done
so. It is also widely believed that the Government taps
telephones. The Constitution requires that private premises
and dwellings be respected, but there is no legal requirement
for search or arrest warrants, and police officials sometimes
search private residences without prior warning.

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, however, freedom of speech,
press, and broadcast are sharply restricted. Under Maldivian
law and custom, 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.

Individuals who use other channels to express dissent, however,
do so at their peril. The Penal Code includes a provision that
makes it illegal to arouse the people against the Government.
A November 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." This amendment so far has had no appreciable effect
in easing journalists' concerns about publishing material that
might be deemed to contravene the broad Penal Code provision.
Law no. 4 of 1968 also prohibits public statements--either
orally or in writing--that express anti-Islamic sentiment or
that might threaten national peace and stability or that might
be libellous to anyone.

The harassment, arrest, and conviction of a number of
journalists following a short period of unprecedented press
freedom in early 1990 eliminated the dissident press and
created a persisting atmosphere in which newspapers are afraid
to publish articles critical of the Government. The Government
also holds printers responsible for the material they print,
resulting in the printers' refusal to accept anything even
slightly controversial.

Seventy-six newspapers and periodicals are registered, of which
13 are published by the Government. The only two dailies are
owned by government ministers. Two politically outspoken
newspapers, Sangu and Hukuru, whose official registrations were
revoked in mid-1990, remain closed. Of the 2 journalists
affiliated with Sangu who were among 50 persons detained in
1990, one, editor Mohammed Shafeeq who was originally sentenced
to 11 years' imprisonment, was released from house arrest in
May. The second, a journalist, remains under house arrest
serving a 3-year sentence. Other journalists detained in 1990,
including several from Hukuru, have reportedly either completed
their sentences or been granted amnesty. There were no forced
closures of newspapers or magazines in 1993. In the one
defamation case brought against a journalist by a private party
in 1993, the journalist was found innocent.

There is no prior censorship of newspapers, but officials in
the Department of Information and Broadcasting sometimes call
publishers to point out that certain articles are unacceptable
for political or other reasons. Publications may be banned for
containing criticisms of the Government "based on falsehood and
unfounded speculation." The Government also reserves the right
to take action against journalists who "bring discredit and
dishonor to individuals or groups through the malicious use of
mass media and create social unrest among the general public."
Because these regulations are often broadly construed,
self-censorship is well ingrained among writers and editors.

The Government owns and operates the only television and radio
stations. Foreign broadcasts are not jammed. There is no
prohibition on satellite receivers anywhere in the country.

There are no legal prohibitions on the import of foreign
publications, except those containing pornography or material
otherwise deemed objectionable in terms of Islamic values. No
seizures of foreign publications were reported in 1993. There
are no reported restrictions on academic freedom nor any
governmental censorship or control over classroom materials.
Some teachers are reportedly quite vocal in their criticism of
government policies.


b. Freedom of Peaceful Assembly and Association

Article 15 of the Constitution guarantees Maldivians the right
to assemble as long as they do not violate the law or the
Islamic code of behavior. Public political meetings are
permitted during electoral campaigns, with Home Ministry
permission, but so far political meetings have been limited to
small gatherings on private premises. Clubs and other private
associations are permitted if they do not contravene Shari'a
and civil law. They must be registered with the Government.
While not expressly forbidden by law, political parties are not
permitted in practice. President Gayoom has publicly
discouraged their formation, declaring political parties
inappropriate to the homogeneous Maldivian society, at least
for the present.

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.

There are no places of worship for adherents of any other
religion, and the importation of figures for worship is
prohibited. Clergy and missionaries of non-Muslim faiths may
enter Maldives but are forbidden to proselytize or hold public
worship services. Conversion of a Muslim to another faith is a
violation of Shari'a law and could result in a loss of
citizenship for the Maldivian convert, although law enforcement
authorities say this provision of the law has never been
applied. The practice of any religion other than Islam is
prohibited by law. Citizens of other nations resident in
Maldives are, however, allowed to practice their religion if
they do so privately.

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

There are no formal restrictions on freedom of movement within
the Maldives. Although no law explicitly prohibits migration
to the capital island of Male' or its surrounding atoll, these
areas have become so overcrowded that the Government
discourages migration there except for short periods of work,
education, or medical treatment.

There are no arbitrary restrictions on foreign travel or
emigration. A Maldivian who has acquired another nationality
must maintain Maldivian nationality concurrently and must enter
and leave Maldives on a Maldivian passport. The Government is
not known to have revoked the citizenship of any Maldivian.

There are no refugees or displaced persons.

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

Maldives traditionally has been governed by a limited circle of
persons, and Maldivians have only limited and indirect
influence on the selection and organization of their
government. A single nominee for president, who
constitutionally must be male and a Sunni Muslim, is chosen by
secret ballot in the Majlis from as many candidates as are
proposed by members. Direct personal campaigning for the
nomination by a candidate is not permitted. The nominated
candidate is confirmed or rejected in a nationwide referendum,
also by secret ballot. In 1993 the Majlis nominated President
Gayoom to a fourth 5-year term in office.

Members of the citizens' Majlis, a unicameral legislature, are
chosen for 5-year terms by secret ballot. All Maldivians 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. Individuals or groups are
free to approach members of the Majlis with grievances or
opinions on proposed legislation.

The most recent Majlis election was held in November 1989.
Under the Constitution, Islamic law rather than the Majlis has
legal preeminence. In practice, the President, who in addition
to being the head of government and state is also responsible
for the protection of Islam, and key members of his Cabinet
wield tremendous power over the Majlis.

It is widely believed that through a combination of inducement
and intimidation the President and key members of his Cabinet
have been able to control the outcome of the presidential
election process. In the 1993 campaign President Gayoom was
challenged by his brother-in-law and Cabinet Minister Ilyas
Ibrahim, who had also been nominated. In the nominating vote,
Gayoom won 28 votes to Ilyas' 19. Ilyas, who charged that he
had been forced to leave the country by the President, and who
faced criminal charges should he return, alleged that the
President improperly pressured Majlis members and denied him
his right to contest fairly for the presidency. Government
officials allege, however, that Ilyas improperly used funds
from his ministerial portfolio to induce parliamentarians to
vote in his favor.

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 entire legislative body. Although the Majlis previously
could not interpellate ministers, in 1993 President Gayoom
instructed the Majlis to introduce a question time during which
Members of Parliament will question ministers directly about
government policy and administration. The Government has said
that members of the Majlis are protected by law for statements
made during Majlis debates; however, since the arrest and
banishment of a member of the Majlis in 1990 on charges that
were not made public and the harassment of several others for
outspokenness in 1990 and 1991, the atmosphere in the Majlis
reportedly has become more subdued than it was in early 1990.
The Majlis still, however, proposes new legislation and debates
some draft bills vigorously.

Women are not eligible to become president but may hold all
other government posts. For reasons of tradition and culture,
however, few women seek or are selected for public office. In
1993 2 women served in the 48-member Majlis. There were no
female members of 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, and government
restrictions on freedom of speech and press inhibit any
organization from investigating and publicly criticizing the
Government's human rights policies.

In general, the Government does not welcome international human
rights organizations or the human rights inquiries of foreign
governments, considering them an intrusion into Maldives'
domestic affairs. However, there have been instances in recent
years in which the Government has engaged international human
rights organizations in discussion.


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

Women

Women traditionally have played a subordinate role in Maldivian
society, although they now participate in public life in
growing numbers and gradually at higher levels. Well-educated
Maldivian women report that although the upward professional
mobility of women is not limited by statute, the education,
career choices, and achievement of women is circumscribed by
cultural norms and expectations. Because Islamic practice is
the basis for Maldivian civil law, it is easier for husbands to
divorce wives than vice versa. Islamic law also governs
inheritance, according to men twice the share of women. Women
who work for wages--for the Government, in business, or in
garment factories--generally receive pay equal to that of men
in the same positions. Approximately 10 percent of uniformed
NSS personnel are now female.

The Government has shown interest in promoting the welfare of
women in both the public and private sectors. A Department of
Women's Affairs and a National Women's Council have been
created to protect women in traditional roles and, to a degree,
to expand opportunities for them in nontraditional
occupations. These efforts must contend, however, with
conservative sentiment among small businessmen and residents of
the outer islands, due largely to orthodox Islamic training
which opposes women being active outside the home.

There are no firm data on the extent of violence against
women. Violence against women is probably underreported to
authorities because of the value attached to privacy within the
family in this conservative society. Police officials report
that they receive only three or four complaints of assaults
against women each year, and 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 are no reported patterns of abuse against children in
Maldives. A Bill of Children's Rights is 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 direct
authority for overseeing enforcement of this law and reportedly
takes the responsibility seriously.

People with Disabilities

There is no legislation in Maldives that specifically addresses
the rights of the physically or mentally disabled. The
Government has, however, played an active role in the
protection and rehabilitation of the disabled. There is a
government institution for treatment of the mentally
handicapped. The Ministry of Health and Welfare arranges for
treatment abroad for physically disabled persons who need
specialist care and for visits to Maldives by specialists to
treat both the mentally and physically disabled. The
Government also provides a monthly allowance for the blind and
makes items such as wheelchairs, crutches, and eyeglasses
available to those who cannot afford them. The Government has
not legislated or otherwise mandated accessibility for the
disabled.

Section 6 Worker Rights

a. The Right of Association

While unions are not expressly prohibited, the Government
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 1993.

Maldives has a work force of approximately 57,000 persons,
about 20 percent of whom are employed in traditional fishing.
Approximately 17,000 foreigners work in Maldives. Many are
brought in from Sri Lanka and India to work in resort hotels so
that Maldivian nationals will be only minimally involved in the
serving of liquor. A large number of factory workers are also
foreign laborers, and many are engaged in road work and
construction projects. The great majority of economically
active Maldivians work outside the wage sector. Detailed
employment statistics do not exist, but it is estimated that
the manufacturing sector employs about 15 percent of the labor
force and the tourism industry another 10 percent. Tourism,
however, accounts for about 20 percent of the gross domestic
product and 40 percent of foreign exchange receipts.

b. The Right to Organize and Bargain Collectively

Workers' rights to organize and bargain collectively are
neither recognized nor protected by law. 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. In 1993 the Government asked a foreign union organizer
to leave the country due to his efforts to persuade Maldivian
seamen to join the International Transport Workers Federation
(ITF) for the purpose of obtaining wage and other benefits not
provided to them in their employment contracts approved by the
Ministry of Transport and Shipping. Maldivian officials also
reportedly warned seamen against becoming involved with foreign
seamen's unions, arguing that shipping company recruiters would
stop coming to Maldives to offer jobs if they did so.

There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor

There is no legal code regulating the conditions of labor.
Forced or compulsory labor is not prohibited, but there are no
reports that it is practiced.

d. Minimum Age for Employment of Children

There is no compulsory education law. However, in 1990 some 77
percent of those 5 to 19 years of age were enrolled in
government or private schools. A law passed in 1992 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. Hours
of young workers are not specifically limited by statute.

e. Acceptable Conditions of Work

There is no national minimum wage for the private sector,
although the Government has established wage floors for certain
kinds of work. There are no statutory provisions for hours of
work and length of annual leave. Given the severe shortage of
labor, however, employers must offer competitive pay and
working conditions to attract skilled workers. 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 those who work more than a 6-hour day was
instituted in the public sector in 1990. Government workers
receive 3 weeks' leave per year. There are no laws governing
health and safety conditions.