Human Rights Commission of the Maldives

The Human Rights Commission of the Maldives is a constitutional and statutory body established under the Constitution of the Republic of Maldives and the Human Rights Commission Act (Law Number: 06/2006), with the objectives to protect, promote, and sustain human rights in the Maldives in accordance with Islamic Shari’ah, the Constitution of the Republic of Maldives, and the regional and international Human Rights conventions and declarations which the Maldives is a party to.

Vision

We envision an equitable, inclusive Maldives where every resident understands human rights, values diversity, engages in the responsibilities of their citizenship, and respects the rights of others.

Mission

Our mission is to champion human rights by promoting and protecting dignity, and equality within Maldives.

History

Human Rights Commission of the Maldives (HRCM) was formed in December 2003 by a Presidential Decree, as part of a reform program initiated by President Maumoon Abdul Gayoom in 2003 to address political instability and public outrage following the events at Maafushi Jail in September 2003. The initial commission comprised 9 members, with the President’s promise to align it with the Paris Principles. In the 2004 Presidential Address to the Parliament, the President emphasized the necessity of an independent body to safeguard and advance human rights, which led to the establishment of the Commission. Additionally, a bill was introduced to Parliament to grant the Commission legal authority.
On August 18, 2005, the Human Rights Commission Act (Law No:1/2005) was ratified, giving the HRCM constitutional backing and further autonomy. However, the appointment of commission members was delayed due to concerns about the law’s alignment with the Paris Principles, necessitating amendments to the legislation.
In mid-2006, Parliament passed the Human Rights Commission Act (Law No: 6/2006), ensuring the commission’s independence from the government, and allowing it to function with a broad mandate based on universal human rights standards.
In 2008, the Human Rights Commission of the Maldives became a constitutional body with the ratification of the Constitution of the Maldives on 7th August 2008.

Composition of the Human Rights Commission of the Maldives (HRCM)

Members: The commission consists of five members appointed from human rights organizations and individuals actively promoting human rights in various fields such as religion, law, society, economy, and health.
Appointment Process:
Members are appointed by the President on the advice of the People’s Majlis (Parliament). The President nominates at least the required number of members, and appoints those approved by a majority vote in the Parliament.
Prerequisites for Members:
§ Must be a Muslim and a citizen of the Maldives.
§ Must be at least 25 years old and not convicted of fraud, bribery, or any offense punishable by Hadd as per Shari’ah.
§ Must not hold any elected office, or political position, or be employed in the government or private sector.
Tenure: Members serve a term of 5 years and can be reappointed for another term, except those dismissed under specific conditions.
Leadership: The President and Vice-President of the Commission are appointed from among the members, following a similar process involving the President and the People’s Majlis.

Objectives of the Human Rights Commission of the Maldives (HRCM)

The main objective of the Commission are:
§ To protect, promote, and sustain human rights in the Maldives in accordance with Islamic Shari’ah and the Constitution of the Republic of Maldives.
§ To protect, promote, and sustain human rights in the Maldives in accordance with regional and international conventions and declarations which the Maldives is a party to.
§ To assist and support Non-Governmental Organizations (NGOs) involved in the protection of human rights.

Responsibilities and Powers of the Human Rights Commission of the Maldives (HRCM) under the Human Rights Commission Act (Law No: 06/2006)

HRCM is an independent legal entity with the power to sue and be sued, and to make undertakings in its own capacity.
Investigative Powers and Legal Authority:
§ The commission can investigate complaints of human rights violations or negligence in preventing such violations, filed by individuals, government and private organisations, or members of HRCM.
§ Address complaints related to human rights infringements caused by administrative codes or rules
§ The commission can inspect detention facilities without prior notice to ensure the well-being of detainees and recommend improvements.
§ The commission can summon witnesses, procure statements from witnesses and other parties related to an ongoing investigation, request specific information from parties, procure and examine documents, and conduct public or closed investigations.
§ The commission can instruct individuals not to leave the Maldives during an ongoing investigation.
Assisting the Court in an Ongoing Trial
§ If the Commission receives information about a human rights violation during an ongoing trial, the commission can submit the information to the court, with the presiding judge’s permission.
Obeying Orders
§ Citizens and residents must comply with Commission orders.
§ Non-compliance with the Commission’s orders can result in house arrest or dismissal from government employment.
Reporting and Recommendations:
§ Upon concluding an inquiry, the commission can seek amicable solutions, refer matters to court, or provide reports and recommendations to complainants, responsible respondents, and relevant authorities.
§ The commission publishes annual reports detailing its activities, findings, and recommendations.
Advisory Role:
§ The commission advises the government on laws, regulations, and policies to promote, protect, and sustain human rights.
§ Advise government and private organizations on preventing human rights violations.
§ The commission recommends measures to address human rights violations identified in laws and administrative codes.
§ The commission advises the government and make propositions on acceding and ratifying regional and international treaties and conventions regarding human rights.
Research and Monitoring:
§ The commission conducts research on human rights issues and disseminates findings to the public.
§ The commission monitors and documents the implementation of rights guaranteed by the constitution, legislation, and international conventions.
§ The commission prepares shadow reports for UN Human Rights Treaties, follows up on recommendations from HRCM and UN Treaty Bodies, and engages in constructive dialogue to urge the government to implement these recommendations.
Public Awareness, and Education:
§ The commission is responsible for increasing awareness on human rights and promoting a high regard for human rights amongst the citizens of the Maldives and foreign nationals in the Maldives.
§ The commission promotes awareness of human rights through programs such as seminars, workshops, and through publications.
International Engagement:
The Commission participates and assists in the formulation of international conventions on human rights.
To protect and promote human rights, the Commission must establish relationships with donor countries, regional organizations, other national human rights institutions, forensic investigation agencies, and relevant enforcement agencies. The Act allows the Commission to receive financial and other assistance through these relationships.
Additionally, as a national human rights institution, the Commission must submit various reports to international organizations, committees, bodies, and working groups under the international human rights treaties and agreements that the Maldives has joined.
Immunity
§ The Commission Members are protected from suits in relation to committing or omitting an act in good faith while performing their duties.

HRCM as the National Preventive Mechanism

Under the Optional Protocol to the Convention against Torture (OPCAT), ratified by the Maldives on 15 February 2006, each State Party must establish a National Preventive Mechanism (NPM) to prevent torture and other ill-treatment. The Maldives designated the Human Rights Commission (HRCM) as its NPM and officially launched the work of the National Preventive Mechanism on 28 April 2008, with a specific NPM unit established within the Commission, with dedicated staff and budget. Further, the Anti-Torture Act 2013 (Law No.: (13/2013) ratified in December 2013 officially designates the Commission as the NPM and makes it a legislative body.
The NPM's main purpose is to conduct regular visits to places of detention to assess the treatment and conditions of detainees, as outlined in OPCAT Article 4. Based on these visits, the NPM makes recommendations to enhance protections in line with international standards, fostering a continuous dialogue with the government to prevent ill-treatment or torture.
The long-term vision of NPM Maldives is to prevent torture and other ill-treatment of persons deprived of their liberty and promote a preventive culture throughout the Maldives.

Role of HRCM under the Anti-torture Act 2013

The Human Rights Commission of the Maldives (HRCM) plays a crucial role under the Anti-Torture Act 2013. Here are the key points:
1. Designation and Responsibilities:
o HRCM is designated as the National Preventive Mechanism (NPM) to prevent torture and other ill-treatment.
o The commission is empowered to work against torture, cruel, inhuman, and degrading treatment or punishment.
o The Commission is responsible for taking necessary measures to prohibit and prevent such acts and to ensure compliance with international standards.
2. Monitoring and Reporting:
o HRCM monitors the implementation of the Anti-Torture Act 2013 and ensures that state agencies comply with its provisions.
o HRCM submits an annual report to the President and Parliament on activities and measures taken under the Act, and after submission disseminates it publicly.
3. Investigation and Legal Action:
o The Commission investigates complaints of torture, submitted by a complainant or initiated by the commission, and conducts impartial investigations.
o HRCM refers cases to the Prosecutor General for prosecution if evidence of torture is found.
o HRCM ensures that victims of torture are protected from further threats or intimidation.
4. Healthcare and Rehabilitation:
o The Commission monitors the detainees’ access to medical consultations and whether their health conditions are monitored.
o The Commission collaborates with other state agencies to develop rehabilitation programs for perpetrators and victims of torture and their families.
5. Education and Awareness:
o HRCM ensures that relevant state institutions include information about the prohibition of torture in training programs for military, police, law enforcement, health workers, and other relevant personnel.
o The Commission promotes respect for human rights, human dignity, and freedom from torture through educational programs in schools and higher education institutions.
6. Universal Jurisdiction:
o The Commission has the authority to take action against individuals accused of torture, regardless of where the act was committed, if the accused or the victim is a Maldivian citizen, or if the accused is present in the Maldives.
These roles ensure that the HRCM actively works to prevent torture and uphold human rights in the Maldives.

Role of HRCM under the Whistleblower Protection Act (Law No.: 16/2019)

§ With the enactment of the Whistleblower Protection Act (Law No.: 16/2019), the Human Rights Commission of the Maldives (HRCM) was mandated to establish a Whistleblower Protection Unit.
§ HRCM is responsible for setting up the secretariat for the Whistleblower Protection Unit.
§ The commission is also responsible for developing the operational rules for the unit. However, the Whistleblower Protection Unit has full autonomy to handle matters within its scope.
§ The commission appoints the head of this unit; However, the head of the unit is accountable to a parliamentary standing committee. A report on the unit’s activities must be submitted to the parliamentary committee every six months. The report submitted to the committee must exclude any personal information about the whistleblowers.