LGBTQ rights in the Maldives

Criminal sexual contact is defined under section 131 of the Maldives Penal Code and refers to the prohibition of sexual contact without any reason permitted under Islamic Law. Same-sex intercourse is illegal under Islamic Law.[http://sourcebooks.fordham.edu/halsall/pwh/quran-homo.asp] Richard Burton 'The Qu'ran and Homosexuality', Fordham University. Retrieved 5 September 2017. Same-sex sexual intercourse is explicitly named as an offense within section 411(2) of the Penal Code and is defined under section 411(f).{{Cite web|url=https://freedomhouse.org/report/freedom-world/2018/maldives|title=Maldives|date=4 January 2018|website=Freedom House|access-date=20 July 2019|archive-date=20 July 2019|archive-url=https://web.archive.org/web/20190720113934/https://freedomhouse.org/report/freedom-world/2018/maldives|url-status=dead}}

According to the International Lesbian, Gay, Bisexual, Trans, and Intersex Association (ILGA), the Maldives Penal Code, prior to amendment in 2015, left matters concerning sexual conduct un-codified and to be regulated by Islamic law, applicable to Muslims only. However, since the amended Penal Code came into effect, the laws concerning LGBTQ rights have tightened.

Maximum penalties for homosexual acts prohibited include imprisonment of up to one year for unlawful marriage under s410(a)(8), imprisonment of up to eight years for criminal conduct under s411(a)(2) and 411(d) with allowance for a supplementary 100 lashes punishment under Sharia, and imprisonment for up to four years for unlawful sexual conduct under s412.{{citation |last1=Carroll |first1=Aengus |title=State Sponsored Homophobia 2016: A world survey of sexual orientation laws: Criminalisation, protection and recognition|date=May 2016 |edition=11th |page=109 |archive-date=27 December 2021|location=Geneva |url=https://ilga.org/downloads/02_ILGA_State_Sponsored_Homophobia_2016_ENG_WEB_150516.pdf |archive-url=https://web.archive.org/web/20211227194612/https://ilga.org/downloads/02_ILGA_State_Sponsored_Homophobia_2016_ENG_WEB_150516.pdf|publisher=International Lesbian, Gay, Bisexual, Trans and Intersex Association}}

Homosexual acts cannot be punished with death under Maldivian law. Capital punishment, under both civil code and Sharia law, has been in abeyance since 1953.{{cite news |last1=Abdulla |first1=Lamya |title=Maldives to continue moratorium on death penalty: Home Minister |url=https://edition.mv/death_penalty/24877|quote=Home Minister Imran Abdulla has said that the Maldives still has a policy of continuing the moratorium on implementation the death penalty."..."In response to the question, Imran said that for the past half-century, all governments have followed the policy of maintaining the moratorium. "This is not a new policy introduced by this government. This is what has been done in Maldives for a long time," Imran said. He said that although several previous administrations have spoken on several occasions in connection with the death penalty for political purposes, no changes have been made to the policy.|work=The Edition |date=6 June 2022 |language=en}} During preparations to recommence executions in 2015, new regulations were passed on the implementation of the penalty:{{cite news |title=Maldives enacts regulation for death penalty |url=https://www.aljazeera.com/news/2014/4/30/maldives-enacts-regulation-for-death-penalty |work=Al Jazeera Media Network |date=30 April 2014 |language=en |quote=According to the OHCR, the new regulation provides for the use of the death penalty for the offence of intentional murder, including when committed by individuals under the age of 18.}} Section 92(k) of the amended Maldivian Penal Code explicates that the death penalty was only to be available for egregious purposeful killing.{{cite news |title=Maldives will not implement capital punishment: Ministry of Foreign Affairs |url=https://edition.mv/news/8030 |work=The Edition |date=27 November 2018 |language=en |quote=The Ministry of Foreign Affairs has declared that the Maldives will not enforce capital punishment since abandoning the practice 65 years ago. According to the Ministry, the Maldives voted against the death penalty at the General Assembly of the United Nations at Geneva, Switzerland during the U.N 'moratorium on the death penalty' resolution held by the Human Rights Commission.}} Some point to section 1205, which states that "if an offender is found guilty of committing an offense for which punishments are predetermined in the Holy Quran, that person shall be punished according to Islamic law and as prescribed by this Act and the Holy Quran". The Quran does not specify a punishment for homosexuality.{{cite journal |last1=Schmidtke |first1=Sabine |title=Homoeroticism and homosexuality in Islam: a review article |journal=Bulletin of the School of Oriental & African Studies |date=June 1999 |volume=62 |issue=2 |pages=260–266 |doi=10.1017/S0041977X00016700|s2cid=170880292 }}{{cite news |last1=Krogt |first1=Christopher van der |title=Friday essay: The Qur'an, the Bible and homosexuality in Islam |url=https://theconversation.com/friday-essay-the-quran-the-bible-and-homosexuality-in-islam-61012 |work=The Conversation |date=17 June 2016 |language=en}}{{cite book |last1=Ali |first1=Kecia |title=Sexual ethics and Islam: Feminist reflections on Qur'an, hadith, and jurisprudence|chapter=Don't Ask, Don't Tell: Same-Sex Intimacy in Muslim Thought|pages=75–96 |date=2006 |publisher=Bloomsbury; Oneworld Publications |location=Oxford, England |isbn=9781851684564}}{{cite news |last1=Whitaker |first1=Brian |title=Everything you need to know about being gay in Muslim countries |url=https://www.theguardian.com/world/2016/jun/21/gay-lgbt-muslim-countries-middle-east |access-date=30 July 2022 |work=The Guardian |date=21 June 2016 |language=en}} Accordingly, the punishment under Maldivian law are those specified in Sections 410 to 412.{{efn|name="ahadith"}}

The plans to reimplement the death penalty were later abandoned and the moratorium on capital punishment—for any crime—was continued.

Same-sex relationships, including same-sex marriages, civil unions, and domestic partnerships, are not recognized in the Maldives.

Section 410(a)(8) of the Maldives Penal Code (In force since 16 July 2015) criminalizes same-sex marriage by stating that it is an offense if "two persons of the same sex enter into a marriage".

There is no legal protection against discrimination based on sexual orientation or gender identity.

In 2009, the Maldives enacted a new Constitution that included a chapter on rights and freedoms, demonstrating the desire to embrace a new culture of human rights.{{cite book |author1=Purna Sen |url=https://books.google.com/books?id=jl4VDGJeavAC |title=Universal Periodic Review: Lessons, Hopes and Expectations |author2=Monica Vincent |author3=Jade Cochran |publisher=Commonwealth Secretariat |year=2011 |isbn=978-1-84929-043-2}} However, this did not include any resolutions regarding LGBTQ human rights issues.

In 2008, a European-drafted statement{{cite news |last1=Worsnip |first1=Patrick |date=18 December 2008 |title=U.N. divided over gay rights declaration |url=https://www.reuters.com/article/us-un-homosexuality/u-n-divided-over-gay-rights-declaration-idUSTRE4BH7EW20081218 |access-date=31 August 2017 |work=Reuters |language=en}} called for the decriminalization of homosexuality and recommended that states "take all the necessary measures, in particular legislative or administrative, to ensure that sexual orientation or gender identity may under no circumstances be the basis for criminal penalties, in particular executions, arrests or detention".{{cite web |date=19 December 2008 |title=UN states urged to decriminalise homosexuality |url=https://www.telegraph.co.uk/news/worldnews/northamerica/3836264/UN-states-urged-to-decriminalise-homosexuality.html |access-date=31 August 2017 |work=The Daily Telegraph}} The Maldives was one of the initial 57 members (now 54 members) which signed an opposing document, read by the Syrian representative, that divided the United Nations General Assembly on the issue of LGBTQ Rights.

As a country under Islamic Sharia Law, the Maldives followed the document's beliefs on several matters. The document stated that the European-drafted statement interfered with matters that should be within the domestic jurisdiction of individual states. Furthermore, the document also stated a desire to avoid the social normalization of what were considered to be 'disgraceful acts' by setting new rights and standards that were not agreed upon by entering into membership and following the Universal Declaration of Human Rights. It also claimed that the declaration was a threat to the international framework of human rights.{{cite web |author=MacFarquhar, Neil |authorlink=Neil MacFarquhar |date=18 December 2008 |title=In a First, Gay Rights Are Pressed at the U.N. |url=https://www.nytimes.com/2008/12/19/world/19nations.html?mcubz=0 |access-date=3 September 2017 |work=The New York Times}}

In June 2011, the Maldives rejected a resolution submitted by the Republic of South Africa at the United Nations which sought to affirm the rights of the LGBTQ community. A second resolution was adopted by the United Nations Human Rights Council in September 2014 which related to sexual orientation and gender identity; however, this was again rejected by the Maldives.{{cite web |author=Adam Howard |date=26 September 2014 |title=UN passes resolution on behalf of LGBT citizens around the globe |url=http://www.msnbc.com/msnbc/un-passes-resolution-behalf-lgbt-citizens-around-the-globe |access-date=4 September 2017 |work=MSNBC}}

In September 2014, in the Human Rights Commission of the Maldives (HRCM) submission to the Universal Periodic Review of the Maldives, a number of human rights issues were highlighted; however, no LGBTQ rights issues were discussed.[http://www.hrcm.org.mv/Publications/otherdocuments/UPR_submission_Sept_2014.pdf] {{Webarchive|url=https://web.archive.org/web/20170713001956/http://www.hrcm.org.mv/Publications/otherdocuments/UPR_submission_Sept_2014.pdf|date=13 July 2017}} Human Rights Commission of the Maldives (HRCM) 'HRCM Submission to the Universal Periodic Review of the Maldives, April–May 2015 (22nd session)', p. 5 'Freedom of Expression' was highlighted as an area of concern where it was noted, "there are no laws which guarantee freedom of expression in the Maldives". Reference was made to the numerous death threats and other violent behavior received by human rights activists and the Commission did note the need to "take measures to address issues of threats and intimidation directed to parliamentarians, journalists and civil society activists to ensure their safety".

This may or may not extend to the same persecution suffered by LGBTQ rights activists. The objectives of the Maldives Human Rights Commission are set out in the Human Rights Commission Act and explain why LGBTQ Rights were not included in the submission. The objectives of the Commission include protecting, promoting and sustaining human rights in the Maldives "in accordance with Islamic Sharia and the Constitution of the Maldives".[http://www.hrcm.org.mv/publications/otherdocuments/HRCMActEnglishTranslation.pdf] {{Webarchive|url=https://web.archive.org/web/20100902211404/http://www.hrcm.org.mv/publications/otherdocuments/HRCMActEnglishTranslation.pdf|date=2 September 2010}} Maldives Human Rights Commission Act s 2(b).

In the United Nation's 2016 report of the Human Rights Council on its thirtieth session, it was noted that the Maldives accepted 198 recommendations made out of 258, leaving 60 recommendations rejected. These 60 recommendations included matters that were said to contradict the Islamic Faith and the Constitution of the Maldives; such as those "relating to freedom of religion, lesbian, gay, bisexual, transgender and non-traditional forms of the family".[https://www.upr-info.org/sites/default/files/document/session_22_-_may_2015/a_hrc_30_2.pdf] {{Webarchive|url=https://web.archive.org/web/20170910125400/https://www.upr-info.org/sites/default/files/document/session_22_-_may_2015/a_hrc_30_2.pdf|date=10 September 2017}} United Nations General Assembly 'Report of the Human Rights Council on its thirtieth session'.{{rp|83}} Here, Action Canada for Population and Development responded by noting their concern over the Maldives rejection of "adopting a law against discrimination on the basis of sexual orientation".{{rp|87}}

The Human Rights Council, in 2015, recommended that the Maldives accelerate their work towards enacting anti-discrimination legislation and to "ensure it includes a prohibition of discrimination on the basis of sexual orientation; and combat the stigmatization and marginalization of homosexuals in society."[https://documents-dds-ny.un.org/doc/UNDOC/GEN/G15/039/32/PDF/G1503932.pdf?OpenElement] United Nations Human Rights Council 'Compilation prepared by the Office of the United Nations High Commissioner for Human Rights in accordance with paragraph 15 (b) of the annex to Human Rights Council resolution 5/1 and paragraph 5 of the annex to Council resolution 16/21' at 7. It was reported that those perceived as homosexual or transgender in the Maldives were the target of hate crimes and other human rights violations and so the United Nations Population Fund (UNFPA) recommended the Maldives seek to ensure the protection of LGBTQ individuals from this through law reform. The Committee also recommended that the Maldives "decriminalize sexual relations between consenting adults of the same sex". These recommendations were noted by the Maldives but not accepted.

In the Human Rights Council's National Report for the Maldives in 2015, it was noted that since the review of the Maldives in 2010, there have been many important developments in terms of human rights as the country transitioned to a democratic society. The report does not, however, include any detailing of LGBTQ human rights issues or developments.[https://documents-dds-ny.un.org/doc/UNDOC/GEN/G15/079/28/PDF/G1507928.pdf?OpenElement] United Nations Human Rights Council 'National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21*'.

In May 2015, in a briefing paper submitted to the Maldives second cycle Universal Periodic Review, the International Service for Human Rights (ISHR) said "un-codified Muslim Sharia Law criminalizes homosexual conduct, thus making the Maldives a very insecure place to advocate for the rights of persons who identify themselves as LGBTQ".[https://www.ishr.ch/news/maldives-briefing-paper-situation-human-rights-defenders] {{Webarchive|url=https://web.archive.org/web/20180723223707/http://www.ishr.ch/news/maldives-briefing-paper-situation-human-rights-defenders|date=23 July 2018}} International Service for Human Rights (ISHR) 'Maldives: Briefing paper on the situation of human rights defenders'. 29 August 2014. Retrieved 4 September 2017.

In 2013, Maldivian blogger Hilath Rasheed, who identified as gay and advocated for religious freedom, was stabbed in the neck near his home in Malé.{{Cite web |date=2012-06-15 |title=Maldives: Human rights campaigner attacked, injured: Ismail Rasheed |url=https://www.amnesty.org/en/documents/asa29/003/2012/en/ |access-date=2025-03-08 |website=Amnesty International |language=en}} He survived.{{Cite news |date=2012-07-12 |title=Maldives journalist flees island fearing safety |url=https://www.bbc.com/news/world-asia-18819243 |access-date=2025-03-08 |work=BBC News |language=en-GB}} The assailants were not captured, so a motive for the attack could not be conclusively established, but the incident was linked with his journalistic activity. He had previously been censored, arrested, and threatened because of his work.{{Cite web |date=2012-06-05 |title=Journalist in critical condition after attacker cuts his throat {{!}} RSF |url=https://rsf.org/en/journalist-critical-condition-after-attacker-cuts-his-throat |access-date=2025-03-08 |website=rsf.org |language=en}}{{Cite web |title=Maldivian journalist threatened with beheading - Maldives Independent |url=https://maldivesindependent.com/society/maldivian-journalist-threatened-with-beheading-4438 |access-date=2025-03-08 |website=maldivesindependent.com |language=en}}

Freedom of religion, which heavily interweaves with freedom of expression and sexuality in the Maldives, remains heavily restricted in the country, both legally and through public opinion.{{Cite web|url=https://freedomhouse.org/report/freedom-world/2009/maldives?page=22&year=2009&country=7655|archiveurl=https://web.archive.org/web/20170910125706/https://freedomhouse.org/report/freedom-world/2009/maldives?page=22&year=2009&country=7655|archivedate=10 September 2017|website=Freedom House|title=Maldives 2009|access-date=5 September 2017}}

A 2014 article in New Zealand spoke of Abraham Naim, who was granted asylum due to the persecution he faced being gay in the Maldives. The Ministry of Business, Innovation and Employment in New Zealand was said to have granted refugee status because Naim was "at risk of serious harm from state agents" and would likely face further persecution for being openly gay on returning to the Maldives.{{cite web|url=http://www.stuff.co.nz/dominion-post/news/10111564/Gay-refugee-wins-drag-pageant|author=Tom Hunt|title=Gay refugee wins drag pageant|work=Stuff|date=2 June 2014|accessdate=6 September 2017}} This was affirmed by Ibrahim Muaz, a spokesman at the President's Office, who commented that those seeking asylum abroad for reasons of sexual orientation discrimination would face prosecution upon return.{{cite web|url=https://globalvoices.org/2014/06/06/homosexual-assylum-seekers-from-maldives-face-prosecution-upon-return/|work=Global Voices|title=Homosexual Asylum Seekers from The Maldives Face Prosecution Upon Return|date=6 June 2014|accessdate=7 September 2017}}

While anti-LGBTQ discrimination is pervasive in the Maldives, it remains a popular holiday destination for LGBTQ couples who rarely experience the reality of the country's Islamic-based law due to the income from tourism and because tourist resorts are usually always isolated from civilian population centers and therefore not subject to Islamic law, especially evidenced by the sale of alcohol in these resorts.

Rainbow Warriors[http://rainbowwarriors.blogspot.co.nz/2015/08/lgbt-rights-in-maldives-2015_14.html?q=maldives] Rainbow Warriors 'LGBT rights in the Maldives: 2015'. stated that the local Maldives LGBTQ movement is mostly limited to the virtual world, operating on the internet, due to the uncertainty and the intensity of homophobia in the country.[https://76crimes.com/2015/09/01/maldives-lenient-no-more-island-nation-arrests-2/] Colin Stewart 'Maldives: Lenient no more, island nation arrests 2' 1 September 2015. Retrieved 8 September 2017. 2015 saw two local men arrested in their private home on one of the islands in the Maldives with charges of homosexuality following a complaint by a member of the public.

{{Portal|LGBTQ}}

• Human rights in the Maldives
• LGBT rights in Asia
• LGBT in Islam
• Capital punishment for homosexuality
• Criminalization of homosexuality

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{{efn|name="ahadith"|While certain hadith do assign (several different) penalties,{{citation|title=Sunan Abi Dawud 4463 - Prescribed Punishments (Kitab Al-Hudud) - كتاب الحدود - Sayings and Teachings of Prophet Muhammad (صلى الله عليه و سلم)|url=https://sunnah.com/abudawud:4463 |publisher=Sunnah.com}} the authenticity and applicability of these are disputed by a number of hadith scholars;{{cite web|author1=Sheikh Mohamed El-Moctar El-Shinqiti|url=http://www.onislam.net/english/ask-the-scholar/crimes-and-penalties/disciplinary-penalties-tazir/176732.html |title=Threats to Behead Homosexuals: Shari'ah or Politics? – Disciplinary Penalties (ta'zir) – counsels |website=OnIslam.net|archive-url=https://web.archive.org/web/20130302024245/http://www.onislam.net/english/ask-the-scholar/crimes-and-penalties/disciplinary-penalties-tazir/176732.html|archive-date=2 March 2013}}{{cite news |author1=((PinkNews Staff Writer)) |title=Fatwa condemns Gambian gay execution threat as unsound |url=https://www.pinknews.co.uk/2008/06/11/fatwa-condems-gambian-execution-threat-as-unsound/ |work=PinkNews |date=11 June 2008}} Quranic scholars and Islamic authorities do not categorize hadith as "Holy Quran".{{cite journal |last1=Zaharin |first1=Aisya Aymanee M. |title=Reconsidering Homosexual Unification in Islam: A Revisionist Analysis of Post-Colonialism, Constructivism and Essentialism |journal=Religions |date=9 July 2022 |volume=13 |issue=702 |page=702 |doi=10.3390/rel13080702 |issn=2077-1444|doi-access=free }}}}

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{{cite report |author1=((Bureau of Democracy, Human Rights, and Labor))|title=2020 Country Reports on Human Rights Practices: Maldives |chapter-url=https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/maldives/ |date=2020 |publisher=United States Department of State |chapter=Section 6. Discrimination and Societal Abuses|quote=There were no reports of officials complicit in abuses against LGBTI persons, although societal stigma likely discouraged individuals from reporting such problems. Local citizens who expressed support for LGBTI rights on social media reportedly were targeted for online harassment as “apostates” or irreligious.}}

{{Asia in topic|LGBTQ rights in}}

Category:Human rights in the Maldives

Maldives

Maldives

Category:LGBTQ in the Maldives

Category:Law of the Maldives

Category:LGBTQ and Islam