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Maldives: Status: Not Free
By Minivan News
According to American think-tank, Freedom House, the Maldives is "not free" and political rights and civil liberties remain minimal, despite a general trend of increasing freedom.
That is the conclusion of its Freedom in the World 2007 report, based on events from December 1, 2005, to December 31, 2006.
In the report, Maldives' status is recorded as "Not Free." The survey gave a score out of seven for political rights and civil liberties in every country around the world. One is a total freedom; seven is a total lack of freedom.
Maldives scored six for political rights, deeming there to be a serious lack of freedom. The country scored five on civil liberties, slightly better, but still demonstrating a serious lack of freedom.
The introduction to the report characterises the situation in the Maldives as progressive, but dogged by continued setbacks by the hard-line actions of the government.
"While the Maldives made some progress toward constitutional and judicial reform in 2005, it also continued to be plagued by political unrest as the government, headed by President Maumoon Abdul Gayoom, faced sustained pressure from the pro-reform Maldivian Democratic Party (MDP) and its supporters," the report said.
"Although Gayoom has promised to undertake extensive political reforms, his government continued to restrict freedom of speech and assembly and to commit various human rights violations. Elections held in January produced a parliament in which candidates affiliated with the MDP won a record number of seats, and in June, the right to form political parties was officially legalised. However, MDP officers and supporters continued to face harassment throughout the year, including mass arrests and the conviction of several officeholders on terrorism charges.
The main body of the report analyses the various freedoms in the Maldives, and concludes that all are lacking.
"The year was characterized by several positive steps toward greater openness interspersed with crackdowns on opposition politics as well as freedom of expression. In such a tense political atmosphere, many Maldivians remain skeptical that the government is committed to enacting meaningful and far-reaching reform.
"Citizens of the Maldives cannot change their government democratically. Under the 1968 constitution, the People's Majlis (parliament) chooses a single presidential nominee from among a list of candidates. The nominee is then approved or rejected by a national referendum held every five years. A 1998 constitutional amendment allowed citizens to declare their candidacies but not campaign for the presidential nomination.
"Governmental accountability is limited by the fact that the executive exercises almost complete control over both the legislative and judicial branches. In such an atmosphere, nepotism and corruption are reportedly rampant, with many prominent official positions being filled by President Maumoon Abdul Gayoom's relatives and friends, according to a report by the New Delhi-based South Asia Human Rights Documentation Centre. The Maldives was not ranked by Transparency International in its 2005 Corruption Perceptions Index.
"The penal code bans speech or actions that could "arouse people against the government," while a 1968 law prohibits speech considered libelous, inimical to Islam, or a threat to national security. The law also allows authorities to shut newspapers and sanction journalists for articles containing unfounded criticism of the government. Moreover, regulations make editors responsible for the content of material they publish.
"Freedom of religion is severely restricted by the government's requirement that all citizens be Sunni Muslims, a legal ban against the practice of other religions, and a constitutional provision making Islam the state religion. Non-Muslim foreigners are allowed to practice their religion privately, according to the U.S. State Department's 2005 International Religious Freedom Report. There were no reported restrictions on academic freedom, but general restrictions on freedom of speech limit academics' ability to express themselves freely without fear of reprisal.
"The government limits freedom of assembly and association. In recent years, authorities have imprisoned political dissidents under broadly drawn laws, and police occasionally use excessive force to break up demonstrations. According to the Asian Centre for Human Rights, local nongovernmental organizations have thus far not been allowed to register. Some international human rights groups have been barred from entering the Maldives, but Amnesty International conducted a visit to the country at the government's request in November 2004.
"Workers lack the legal right to form trade unions, stage strikes, or bargain collectively. In practice, no unions exist, although some workers have established informal associations that address labor issues. The Maldives has about 32,000 foreign workers out of a total workforce of 88,000. Most workers are in the informal (unorganized) sector, although some work in the country's high-end tourism industry, which provides 70 percent of foreign exchange revenues.
"Because President Gayoom can review high court decisions and appoint and dismiss judges, "the judiciary is subject to executive influence," according to the U.S. State Department's 2004 human rights report. Civil law is generally used in civil and criminal cases, although it is subordinate to Sharia (Islamic law), which is used in matters not covered by civil law as well, as in cases involving divorce or adultery. Punishments such as flogging and banishment to a remote island, which are provided for under the country's interpretation of Sharia, are occasionally carried out.
"Incidents of torture or other forms of ill-treatment of detainees held at police stations or prison facilities continue to be reported.
"Arbitrary arrest and prolonged detention, particularly of opposition supporters, remain a concern, although judges must authorize the continued detention of suspects on a monthly basis, and detainees are now allowed access to a lawyer at all stages of their detention and trial.
"As noted in a December 2004 report by the National Democratic Institute, government dominance over these widespread networks of patronage has also been used to influence voting behavior and control political activity.
"Traditional norms that oppose letting women lead independent lives outside their homes continue to limit educational and career opportunities for many women. Moreover, the testimony of two women in a Sharia court is equal to that of one man, and men are favored in divorce and inheritance matters. Nevertheless, the government has in recent years sponsored programs to help make women aware of their rights. Children's rights are incorporated into law, and government policy provides for equal access to educational and health programs for both male and female children."
The number of countries judged by the report as free in 2006 stood at 90, representing 46 percent of the world's 193 polities; and 3,004,990,000 people were free, 46 percent of the global population. The number of free countries increased by one since the 2005 survey.
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