A/HRC/48/28
ability to operate independently and engage with the Mission. Branches of the Civil Society
Commission in the east and west of the country reporting to the two competing
administrations have reportedly forced local organizations to re-register, according to
executive orders and decrees.47 Requirements imposed by the Commission for organizations
to pledge not to communicate with international entities and obtain prior authorization for
the receipt of funding or the planning of any activities have reportedly severely curtailed their
ability to operate.
67.
The Division documented a case of intimidation involving a group of lawyers
cooperating with the Mission to provide legal aid to victims of human rights violations,
including conflict-related sexual violence. The legal aid group objected to pledging not to
communicate with embassies or international organizations, including the UN, without
authorization. It is reported that because of this, the group experienced multiple challenges
during their year-long effort in 2019–2020 to register a new organization with the Civil
Society Commission in Tripoli, which was finally resolved in July 2020. The legal group
further noted that the restrictions would be an obstacle to provide timely support to those
arbitrarily detained and compromise the confidentiality of cases, posing a risk to the survivors
which the lawyers assist.
68.
It has subsequently been reported that, in October 2020, the Tripoli Civil Society
Commission issued a circular, in application of executive order 286, requiring all civil society
organizations registered in the last five years to register again or be considered illegitimate
organizations and dissolved by the Commission. In the new registration process,
organizations are requested to sign a pledge that they will not enter into communication with
any embassy or international entity without prior authorization from executive authorities,
which was reinforced in December 2020.
16.
Maldives
69.
On 16 July 2020 and 24 February 2021, the Committee on the Elimination of
Discrimination against Women addressed allegations in writing to the Government of online
vilification and threats by religious groups and individuals against members of the women’s
human rights organization Uthema, following the publication of its submission to the
Committee. Uthema’s submission was prepared for the consideration of the sixth periodic
report of the Maldives (CEDAW/C/MDV/6), initially scheduled for June/July 2020 and
rescheduled for October/November 2021 due to the COVID-19 pandemic.48
70.
In May 2020, following the online posting of the submission, a coordinated campaign
on social media was reportedly launched against Uthema, suggesting that its content
contravened Islam. The campaign was reportedly led by religious groups and individuals,
including religious scholars working in State institutions. The NGO was labelled as an
“apostate group” and as an anti-Islamic organization. Some of the posts made explicit
references to individual members of the organization and included threatening expressions.
A formal complaint was filed with the Maldives Police Service, alerting it to harassment and
intimidation against Uthema and direct threats against individuals. On 19 January 2021, the
Government responded to the Committee’s confidential letters, providing additional
information and addressing key aspects of the case and investigation.
71.
On 12 August 2021, the Government responded to the note verbale sent in connection
to the present report indicating that none of the Government agencies are currently pursuing
any measures of penalty against the NGO Uthema. The Government further stated that the
Maldives Police Service has decided to not proceed with the case lodged against Uthema
47
48
34
Resolution of Presidential Council of the (former) Government of National Accord No. 4, Forming of
National Accord Government (2016); and Resolution of Presidential Council No. 12, Granting Task
Delegation (2016), Resolution of Presidential Council of the (former) Government of National
Accord, Decree 286 - Regulating Civil Society Organizations (2018).
https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/SessionDetails1.aspx?SessionID=2488&L
ang=en.