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. In addition, a punishment of 100 lashes can be imposed under Islamic Sharia. 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, though there have been reports of murder, attacks, and harassment in recent years.

2024

In September, the UN Human Rights Committee (which monitors the implementation of the International Covenant on Civil and Political Rights) made a series of recommendations to the Maldives. These included recommendations to decriminalise same-sex sexual activity; investigate and prosecute all crimes committed against people on the basis of their sexual orientation and gender identity (including exposing a person’s private information online) and ensuring appropriate penalties; and taking appropriate measures to combat discrimination and harassment against members of the LGBT community.

2022

It was reported that on 23 August the leader of the Jumhooree Party, Qasim Ibrahim, proposed an amendment to the Criminal Procedure Code of the Maldives which would classify “homosexuality” as a serious criminal offence and increase the penalty for same-sex sexual activity to capital punishment. The proposed amendment stated that those “who practice homosexuality” are a danger to society. Other crimes listed as serious criminal offences include murder, terrorism, money laundering, child abuse and rape. The Bill was ultimately not passed.

2014

Maldives’ new Penal Code came into force in July, replacing the existing Penal Code that dated back to 1968. 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. In 2006 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, which sought to codify Islamic criminal law, the maximum penalty for homosexual intercourse was one year imprisonment and 100 lashes.

2024

In a report published in June, the Kaleidoscope Human Rights Foundation reported that since the commencement of the current Penal Code in 2014, investigations, arrests, charges and convictions in relation to LGBT persons have become more common. The report referred to at least 12 known cases being heard by Maldivian courts in 2020.

2023

According to a report by ILGA World, the July 2022 arrests of three men following leaked videos (see below) “caused an unprecedented cascade of arrests in the country”, after years of only sporadic enforcement of the criminalising laws.

2022

In July authorities  four 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. Three of them were 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. This was later reduced to 12 months.

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.

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.’

2024

In a published in June, the Kaleidoscope Human Rights Foundation set out that LGBT people face violence, discrimination and stigmatisation in the Maldives. It was noted that LGBT persons face high levels of risk from Islamic extremists; of blackmail, harassment and extortion; and threats to their personal safety and security.

2023

In its 2023 World Report, Human Rights Watch reported that extremist groups continue to use social media to harass, target and threaten LGBT rights activists.

A US State Department report noted that LGBT individuals had been subjected involuntary or coercive medical or psychological practices. The report stated that there were several instances in which parents forced LGBT children to undergo therapy or treatment from “religious healers” to change their sexual orientation or gender identity.

2020

A US State Department report noted that in June, protesters gathered outside the home

Human Rights Watch reported that Islamist extremist groups have for years used social media to target LGBT rights activists. Some of these extremist groups, which have assaulted and murdered LGBT activists without being held to account, are reportedly linked to prominent politicians.

2019

In July, authorities filed murder charges against three male Bangladesh migrant workers for the death of their colleague, a Bangladeshi man named Luthufaru, 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. In October, it was It is not clear when, or if, the ban was lifted.

In June, a group of eight men reportedly attacked a government employee 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.”

2012

In June, an openly gay blogger, Ismail Rasheed, was stabbed in the throat by Islamic extremists. His blog, Hilath.com, had been banned by the Telecommunications Authority in November 2011. The 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. Furthermore, Ismail was reportedly detained by authorities between 10 December 2011 and 8 January 2012 after organising a protest calling for religious tolerance, although he was not charged with any crimes. He later fled the country.

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