Malé (9 December 2021) - The Maldives has made improvements on preventing and ending arbitrary deprivation of liberty, but significant challenges remain in ensuring effective implementation of the existing legal framework, the UN Working Group on Arbitrary Detention said at the end of a visit to the country.

"We recognise and praise efforts of the Maldives to address arbitrary deprivation of liberty through ratification of international human rights instruments, a robust national legal framework and the oversight over places of deprivation of liberty,” the experts said in a statement after their nine-day visit.

“We also commend the Maldives for building on good practices developed during the COVID-19 pandemic, such as the use of virtual court hearings, which we regard as a positive development especially in the context of the geography of the country as an archipelago."

The Working Group observed that the use of prolonged pre-trial detention remained widespread and urged the Government to take prompt steps to address this practice. “It is worrying that it is the first response, despite the requirement under international law that pre-trial detention should only be used as a measure of last resort,” the experts said. Implementing alternatives to detention will alleviate severe overcrowding in penal establishments.

Recalling that deprivation of liberty occurs in a variety of settings, the experts emphasized that the needs of those most vulnerable, including the elderly, children, substance users and people with disabilities under state care must be prioritised.

“Insufficient human resources as well as the lack of expertise pose significant impediments to progress,” the experts said. “The good will of social workers should be matched by effective policies and practices that also address stigma and facilitate community care.”

The Working Group also observed that immigration detention occurs with exceptionally limited safeguards for the rights of migrant workers.

While there is a need to address violent extremism, a balance must be struck between national security and compliance with international human rights, they added.

During the visit, from 29 November to 9 December, the three members of the delegation - Elina Steinerte, Leigh Toomey and Priya Gopalan - met Government officials, judges, lawyers, civil society representatives and other stakeholders. They visited 14 different places of detention, interviewing over 85 people deprived of their liberty.

A final report on the visit will be presented to the Human Rights Council in September 2022.

ENDS

The Working Group on Arbitrary Detention was established by the former Commission on Human Rights in 1991 to investigate instances of alleged arbitrary deprivation of liberty. Its mandate was clarified and extended by the Commission to cover the issue of administrative custody of asylum-seekers and immigrants. In September 2019, the Human Rights Council confirmed the scope of the Working Group's mandate and extended it for a further three-year period. The Working Group is comprised of five independent expert members from various regions of the world: Ms. Elina Steinerte (Latvia; Chair-Rapporteur), Ms. Miriam Estrada-Castillo (Ecuador; Vice-Chair on Communications); Ms. Leigh Toomey (Australia); Mr. Mumba Malila (Zambia) and Ms. Priya Gopalan (Malaysia).

Database of the Working Group on Arbitrary Detention.

The Working Group is part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures’ experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.

UN Human Rights, Country Page — Maldives