A/HRC/54/61
charges. UN agencies further received reports of banks closing the accounts of civil society
organizations receiving international funding, following the issuance of the legal opinion.
102. On 13 March, the Government of National Unity announced its support to the legal
opinion in Circular no. 5803 issued by the Director of Foreign Affairs and International
Cooperation of the Prime Minister’s Office. The Circular affirmed the illegality of civil
society organizations that were not established in accordance with Law Nr. (19) of 2001 on
the reorganization of civil associations. Reportedly, on 6 April 2023, a coalition of 22 civil
society organizations signed a statement denouncing the legal opinion.
18.
Maldives
103. The case of the women’s human rights organization Uthema and its members was
included in the 2021 report of the Secretary-General124 on allegations of online smearing
campaigns, threats by religious groups and individuals, and a police investigation for
blasphemy following the publication of its alternative report submitted to the Committee on
Elimination of all forms of Discrimination against Women (CEDAW).125 The Committee
addressed the allegations and the Government responded.
104. According to information received by OHCHR, and following repeated enquiries,
Uthema was officially informed by the Maldives Police Service in March 2023 that the case
against it has been temporarily put on hold – not closed – due to insufficient evidence. To
date, Uthema has reportedly not received updates on the investigation undertaken in response
to the communication it submitted in June 2020 to the Maldives Police Service regarding the
targeted on-line harassment, intimidation and smear campaign against the organization,
including direct threats against individuals affiliated with Uthema.
105. The case of the human rights organization Maldivian Democracy Network (MDN)
and its members was included in the 2018 and 2021 reports of the Secretary-General126 for an
investigation allegedly in connection with their participation in an NGO side event in the
margins of the June 2017 127 Human Rights Council, and online harassment and threats,
including death threats, following a joint submission to the 2020 Universal Periodic Review
of the Maldives.128 In 2019, the MDN was deregistered reportedly in connection to a 2016
report on radicalization.129 In 2020, due to the continued threats, MDN’s members relocated
abroad.
106. According to information received by OHCHR, during the period Ms. Shahindha
Ismail, Executive Director of MDN, faced undue challenges while seeking redress for
MDN’s deregistration and subsequent seizure of bank accounts. On 19 September 2022,
Ms. Ismail filed a lawsuit at the Civil Court of Maldives contesting the freezing of MDN’s
bank accounts and transfer of funds to an undisclosed location. On 9 November 2022, the
Registrar of the court decided not to register the case. The Registrar noted that Ms. Ismail did
not have the standing to file a lawsuit on the matter, that MDN was a legal entity and therefore
it should be able to file lawsuits in its own capacity, disregarding the fact that MDN was
deregistered in 2019. On 21 November 2022, an appeal was filed against the Registrar’s
decision. As of the end of the reporting period, the case was still ongoing.
107. On 28 March 2023, the Civil Court of Maldives ruled on a lawsuit that Ms. Ismail
filed in 2020 against the Ministry of Youth, Sports and Community Empowerment claiming
that MDN’s deregistration had been carried out without due process. The court ruled that the
124
125
126
127
128
129
64
A/HRC/48/28, Annex I paras. 70–71.
tbinternet.ohchr.org/_layouts/15/treatybodyexternal/SessionDetails1.aspx?SessionID=2489&Lang
=en.
A/HRC/39/41, Annex I paras. 71–72; A/HRC/48/28, Annex I paras. 87–89 and 91.
MDV 1/2018; MDV 3/2018; see government replies at
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=34215.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=34216.
See Universal Periodic Review joint submission 5 at
https://uprdoc.ohchr.org/uprweb/downloadfile.aspx?filename=7986&file=EnglishTranslation.
MDV 1/2019; see government reply at
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=35112.
GE.23-15378