to individual courts regarding any information related to judiciary except through Supreme Court.9 HRCM is facing difficulties in gathering information related to Judiciary due to lack of cooperation. Adopt recommendations issued by Special Rapporteur and ICJ. Codify and harmonize Shari’ah Law and common law in accordance with the Constitution. Enact important laws leaving no room for inconsistencies in judicial decision making. Freedom of Expression 9. Although Constitution assures its citizen the freedom of thought and expression, there are no laws which guarantee freedom of expression in the Maldives. Parliament Privileges Act can be used to force journalist to reveal their source, which could undermine the constitutional protection that journalists currently enjoy. 10. There have been many reports of death threats to media persons and parliament members. State is yet to take realistic action to address these threats. The recent disappearance of Ahmed Rizwan Abdullah, a journalist and human rights advocate is of critical concern.10 Take measures to address issue of threats and intimidation directed to parliamentarians, journalists and civil society activists to ensure their safety. Freedom of Assembly 11. Political instability in 2012 resulted in a series of intense demonstrations. HRCM observed during dispersal of demonstrations MPS used disproportionate force which was at times discriminatory towards political parties, excessive and disproportionate use of pepper spray at protestors, inconsistency in issuing warnings before dispersal and obstruction of media.11 It was evident that some demonstrators were subjected to torture at the time of arrest.12 12. While recently endorsed Freedom of Peaceful Assembly Act encompasses positive developments, HRCM raised concerns over provisions of geographical limitations, lack of guidance on control of counter assemblies and requirement to accredit reporters.13 Amend the Act in compliance with ICCPR. Incorporate international best practices and human rights standards into existing public order training. Take action against officers who violate the laws, eliminating room for impunity. Freedom of Association 13. Some NGO’s advocating human rights and democracy have been subjected to intimidation by state actors and their freedom of association and expression have been hindered.14 In the absence of trade unions, workers’ associations undertake their role.15 An Act on Industrial and Labor Relations is yet to be enacted, thus legal gap remain as an obstacle to functioning of trade unions. Members of trade unions remain intimidated to disclose membership to employers as members face reprisals such as termination of employment. This is common among workers in the areas of tourism and seaports. Lack of transparency in distribution of service charge is a major reason for strike in tourism industry while not receiving full payment of overtime pay is a grave concern raised by Teachers’ Association. Union members face numerous difficulties in exercising collective bargaining, tripartite consultations and work stoppage, as proper legal mechanism is not in place for dispute resolution. Amend legislation on associations and enact law on industrial relations. Health 14. Health services are not easily accessible and available in atolls and lack healthcare professionals such as gynecologists and pediatricians.16Public has no trust in the healthcare system due to many avoidable health incidents and sensitive medical information of patients being leaked.17 5 Human Rights Commission of the Maldives – UPR submission 2014

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