Freedom in the World 1999 - Maldives

1999 Scores

Status: Not Free
Freedom Rating: 5.5
Civil Liberties: 5
Political Rights: 6

Overview

The Maldives, a 500-mile-long string of 26 atolls in the Indian Ocean, achieved independence in 1965 after 78 years as a British protectorate. A 1968 referendum ended the ad-Din sultanate's 815-year rule and established a republic.

The 1968 constitution vested broad executive powers in a president, who must be a male Sunni Muslim. The Majlis (parliament) has 40 seats directly elected for a five-year term, along with eight members appointed by the president. Every five years the Majlis chooses a sole presidential candidate who is voted on by citizens in a yes-or-no referendum. A 1998 constitutional amendment permitted candidates to nominate themselves for the presidency, with the Majlis still choosing the final candidate.

In 1988, President Maumoon Abdul Gayoom called in Indian commandos to crush a coup attempt by a disgruntled businessman reportedly backed by Sri Lankan mercenaries. In the aftermath, the autocratic Gayoom strengthened the National Security Service and named several relatives to top government posts.

Gayoom won the August 1993 parliamentary nomination for the presidential referendum, although some members of parliament expressed their preference for Ilyas Ibrahim, a government minister. Ilyas fled the country after the government investigated him for corruption. In the October 1993 presidential referendum, Gayoom easily secured a fourth term. Prior to the 1994 Majlis elections, authorities heavily restricted campaigning and detained five candidates. In 1996, Gayoom allowed Ilyas to return to the country under house arrest, and in 1997 the president freed his adversary.

In September 1998, the Majlis nominated Gayoom for reelection from among five candidates who had submitted nominations. On October 16, 1998, Gayoom won a fifth term with the reported approval of 90.9 percent of participating voters in the presidential referendum. Only non-party candidates competed in the November 19, 1999 parliamentary elections.

Political Rights and Civil Liberties

Maldivians cannot change their government. President Gayoom heads a small hereditary elite that holds decisive power. The government discourages the formation of political parties, and none exists. Authorities restrict political gatherings during campaigns to small, private meetings. In September 1998, Amnesty International (AI) reported that preparations for the forthcoming presidential elections were "taking place in an atmosphere of fear and intimidation." AI noted that authorities have kept Ismail Saadiq, a political dissident, in detention or under house arrest since July 1996. Gayoom heavily influences the Majlis, although in recent years it has rejected some government legislation and has become a forum for critical debate.

According to AI, in recent years authorities have held dozens of dissidents under house arrest or in detention centers for prolonged periods without trial. According to the U.S. Department of State, in 1998 the government amended the 1990 Prevention of Terrorism Act (PTA) to place some limits on indefinite detention, although judges can authorize continued detention on a monthly basis even if legal proceedings have not been initiated.

Gayoom influences the judiciary, which is not independent. The president appoints and can remove judges, although this latter power is rarely used, and can review high court decisions. Civil law is subordinate to Sharia (Islamic law), although civil law is generally used in criminal and civil cases. Under Sharia, the testimony of two women is equal to that of one man in finance and inheritance matters. Trials fall short of international standards. Prison conditions are fair.

Freedom of expression is restricted. The broadly drawn penal code prohibits speech or actions that could "arouse people against the government." A 1968 law prohibits speech considered inimical to Islam, a threat to national security, or libelous. In 1994, a court sentenced a Maldivian under this law to six months in prison for making allegedly false statements about the government.

Authorities used the PTA to imprison several journalists in 1990. The last was released in 1993. The journalist Mohamed Nasheed spent nearly nine months in prison and under house arrest in 1996 and 1997 on defamation charges over a 1994 article criticizing election procedures.

The government can shut newspapers and sanction journalists for articles allegedly containing unfounded criticism. Two outspoken publications that had their licenses revoked in 1990 remain closed. Regulations make editors responsible for the content of published material. Journalists reportedly practice self-censorship, although the 60-odd private periodicals carry some criticism of the government. The state-run Voice of the Maldives radio service and a small state-run television service are the only broadcast media; both carry criticism of government performance, but not true opposition views. Foreign broadcasts are available.

There are no nongovernmental human rights groups. Traditional norms limit educational opportunities for girls and career choices for women. Under Sharia, men have an easier time gaining divorce than do women, and inheritance laws favor men.

Islam is the state religion, and all citizens must be Muslim. Practice of other religions is prohibited. According to the U.S. Department of State, in summer 1998, authorities expelled 24 foreigners for alleged Christian proselytization, and detained two women for three months for allegedly converting to Christianity. There are no legal rights to form trade unions, stage strikes, and bargain collectively, and in practice there is no organized labor activity. Most workers are employed outside the formal sector. The country's high-end tourism industry is the main foreign exchange earner.