Supreme Court judgement gravely undermines Maldives Human
Rights Commission – Zeid
GENEVA (19 June 2015) – UN High Commissioner for Human
Rights Zeid Ra’ad Al Hussein today said that a Supreme Court judgement on the
Human Rights Commission of the Maldives appeared to be “designed to severely
undermine its ability to engage with the UN human rights system.”
“The Supreme Court judgement is yet another example of
the judiciary undermining human rights protection in the Maldives,” Zeid said.
“National human rights institutions play a pivotal role in independently
monitoring and protecting human rights and should be empowered to report on
rights issues without fear.”
The Supreme Court on Tuesday handed down a verdict in a
suo motu case initiated in September 2014 against five members of the Human
Rights Commission, following the Commission’s submission of a written
contribution to the second Universal Periodic Review (UPR) of the Maldives
before the UN Human Rights Council. In its submission to the UN, the Commission
had cited criticism of the Maldivian judicial system by the UN’s independent experts.
The Supreme Court verdict declared the Commission’s
submission unlawful. Although no individual members of the Commission were
personally penalised by the Court, the Court declared that the Commission must
abide by a set of 11 very broad and ill-defined guidelines in carrying out its
activities. One of the guidelines requires that any communication with
international bodies must take place through relevant Government institutions.
The guidelines also require the Commission to work in a
manner that “does not create divisions in society” and “will not affect the
discipline, culture and traditions of the Maldivian people and will not affect
peace and harmony”. They also warn against causing damage to the reputation of
the Maldives.
The guidelines, which were read out orally by the Court
on Tuesday and published yesterday, are legally binding and any breach could
lead to prosecution.
“Imposing such extraordinary and broad restrictions on
the Human Rights Commission, including on their engagement with international
organisations, is completely unacceptable,” Zeid said. “We have long been
concerned about the deeply flawed role of the judiciary in the Maldives,
including in the case against former president Nasheed.”
“In this case, the Supreme Court appears to be yet again
overreaching its mandate by playing a legislative role. Laws regulating the
very important human rights monitoring and reporting work of civil society and
independent institutions must be transparently adopted by legislative bodies
following wide consultations and open debate, in line with international human
rights laws and standards.”
The High Commissioner recalled the commitment made by
Maldivian authorities during the UPR session last month that they would ensure
the independence of the Commission.
They also stated during the UPR that they
would ensure that the Commission and all civil society actors would be able to
conduct their work, including participating in international mechanisms,
without being subjected to reprisals.
Zeid urged the Government to take legal steps to ensure
that the independence and integrity of the Human Rights Commission are not
compromised. The Commission’s right to freely communicate with international
human rights mechanisms should be firmly preserved in law and practice.
The High Commissioner noted that the current
Commissioners’ terms are due to expire in August and September this year. The
appointment process for new Commissioners would be a further test of the
Government’s respect for the Commission’s independence, he said.
“The appointments must be made through a participatory,
transparent and consultative selection process, with the extensive involvement
of civil society,” he said. “New Commissioners must be selected on the basis of
their proven commitment to human rights, integrity and independence, not their
political loyalties.”
The Government of Maldives has a responsibility to open
up space for civil society and human rights actors in the country, so that they
are able to operate freely and without fear of reprisals, Zeid stressed.
ENDS
For more information and media requests, please contact
please contact Ravina Shamdasani (+41 22 917 9169 / rshamdasani@ohchr.org) or
Cécile Pouilly (+41 22 917 9310 / cpouilly@ohchr.org)
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