Maldives

Same-sex sexual activity is prohibited under the Penal Code 2014, which criminalises ‘unlawful sexual intercourse’ and ‘unlawful sexual contact’. This provision carries a maximum penalty of eight years’ imprisonment and 100 lashes. Both men and women are criminalised under this law.

Maldives adopted a new Penal Code in 2014 which criminalises same-sex sexual activity, as well as explicitly criminalising same-sex marriage. Maldives also operates a form of Islamic law, under which same-sex sexual activity is prohibited.

There is growing evidence of the law being enforced in recent years, with reports of people being arrested for alleged same-sex sexual activity, with some arrests appearing to be politically motivated. However, it is not clear how many people have been prosecuted under the new Penal Code. Reports of discrimination and violence being committed against LGBT people is limited due to the absence of LGBT civil society and social stigma which deters individuals from reporting incidents, thought there have been reports of murder, attacks, and harassment in recent years.

2014

Maldives’ new Penal Code came into force in July, replacing the existing Penal Code that dated back to 1968. In a public statement, the Maldives Foreign Minister described the enactment as a “momentous milestone” and said: “the Code illustrates the Government’s conviction to protect and promote human rights, eradicate discrimination and widen the sphere of economic, political and civil rights to Maldivians.” Among the provisions in the new code are the prohibition on same-sex sexual intercourse under Section 411, which carries a penalty of up to eight years’ imprisonment, and an additional punishment of 100 lashes under Sharia law. A draft of the law was prepared by the Criminal Law Research Group at the University of Pennsylvania, led by Professor Paul Robinson, with technical support provided by UNDP. Under the draft code, the maximum penalty for homosexual intercourse was one year imprisonment and 100 lashes.

2022

In July authorities arrested three men on “suspicion of engaging in homosexual acts”, including the brother of the current speaker of parliament, a former member of parliament, and an officer with the MPS Drug Enforcement Department. They were all charged with homosexuality. Police also confirmed that were investigating dozens of other individuals. The cases stem from leaked videos that allegedly depicted the men having sex with a Bangladeshi national, M.D. Alamgiri, who was arrested on July 12. Some commentators allege that the arrests were politically motivated.

In August, M.D. Alamgiri was sentenced to seven months in prison. In September, he confessed 40 counts of pornography production. The brother of the speaker of parliament was sentenced to three months in house arrest and the police officer to 14 months in prison.

According to the US Department of State, the courts of the Maldives heard 12 cases of individuals charged for engaging in same-sex relations during the year.

2020

The US Department of State report noted that in June, groups of protestors gathered outside the homes of two men on two separate islands, accusing them of engaging in same-sex relations. Reports suggest that both men were taken into police custody.

2015 

In September, police reportedly arrested two men aged 56 and 27 in their private home on the island of Dhaandhoo after receiving a complaint alleging ‘homosexual activity’.

2014

In Malé, the capital of Maldives, a trial for alleged same-sex conduct between a military officer and a security guard began in January.

Speaking about a Maldivian gay man who sought refuge in New Zealand following reported acts of persecution, a spokesman for the President’s office indicated in June that refugees would be prosecuted upon their return to the Maldives.

2013 

In August, two men were arrested for reportedly engaging in ‘homosexual activities.’

2020

The US Department of State report found that there were no reports of officials complicit in abuses against LGBT people, but noted that social stigma likely discouraged reporting. Nevertheless, people who expressed support for LGBT rights on social media were targeted for online harassment.

2019

In July, authorities filed murder charges against three migrant workers for the death of their colleague, who they confessed to killing due to “unwanted advances and forced attempts to have sex”.

2014

The US Department of State report noted that the Ministry of Islamic Affairs continued to block websites considered anti-Islamic or pornographic. As of October, a 2011 Telecommunications Authority ban on a local blog, Hilath.com continued. The original ban came at the request of the Islamic Ministry because of the blog’s alleged anti-Islamic content. The blog was known for promoting religious tolerance, as well as discussing the blogger’s sexual orientation.

In June, a group of men were reportedly attacked for being “gay atheists”. The attackers were recorded as saying: “You homosexual atheists are destroying our country – we will not stand back and watch you do it.“ 

In a submission to the second UPR cycle in September, the Commonwealth Human Rights Initiative stated that “the unsatisfactory legal situation [in Maldives] discourages individuals from reporting crimes and incidents relating to LGBT related violence and harassment.” The United Nations Population Fund also submitted that “Stereotypes of homosexual men are often portrayed in the media as effeminate and objects of ridicule. The public sector family planning programme including condoms is couple based.”

2013

In April, an openly gay blogger had his throat cut. He has since fled the country.

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