Move to dissolve about 70% of the NGOs would seriously impact human rights activities in the country

OnMarch 18, 2013, MaldivesMinister of State for Home Affairs, Mr. Abdulla Mohamed, announced that hisMinistry will dissolve about 1,300 legally registered NGOs - i.e. nearly 70% ofthe Maldivian NGOs - for allegedly failing to adhere to reporting requirementsand to elect executive committees.

In Maldives, the Associations Act isextremely broad as it covers all types of NGOs, including human rights ones[1].NGOs have to submit annual report to the government agencies, which most ofthem are reported to have not submitted. In February 2013, the Ministry of HomeAffairs formally reminded the NGOs to submit annual reports on time or facerisk of dissolution. After the deadline, the Registrar of NGOs, which is postedat the Ministry of Home Affairs, publicly announced that the majority of NGOsdid not comply with the guidelines. The Registrar is legally empowered todissolve NGOs who failed to submit annual report for two consequent years.

“The Ministry’smove to dissolve a large part of the Maldivian NGOs would clearly have a devastatingimpact on the ability of civil society to conduct activities to promote andprotect human rights, as provided for in the United Nations Declaration onHuman Rights Defenders”,OMCT Secretary General Gerald Staberock said today. “We fear that it mightaim at stiflinghuman rights defenders’ activities, especially in the run-up to thepresidential elections that are scheduled for September 2013”, he added.

The Observatory recalls that the right tofreedom of association is a universally recognised right enshrined in numerousinternational and regional instruments, especially Article 22 of theInternational Covenant on Civil and Political Rights (ICCPR).

Such a move would also violate Article 30 (b) of theConstitution of the Maldives, which guarantees the right to form associationsand societies. Moreover, in line with Articles 42 and 43 of the MaldivianConstitution, the Government must ensure judicial oversight by an independentand impartial court of any executive decision to dissolve NGOs. The Governmentmust also immediately communicate the grounds for its decision in each andevery case, citing clear examples.

“Although the right of NGOs to freedom ofassociation is naturally accompanied by certain responsibilities on their part,especially in terms of transparency and good governance, as in any other sectorof society, one shall not forget that legitimate restrictions on this rightmust be “necessary in a democratic society”, and respect the primacy of thegeneral interest and the principle of proportionality”, said FIDH PresidentSouhayr Belhassen.

The Observatory therefore calls upon the authoritiesof the Maldives to guarantee the right of the concerned NGOs to benefitfrom suspensive measures sothat
they can comply with the reporting and governance requirements and toan effective remedy in the event of suspension or dissolution, as well as toensure that any limitation on the right to freedom of association is consistentin its entirety with Article 22 of the ICCPR.

TheObservatory further calls upon Maldivian NGOs to respect, to the extentpossible, the provisions relating to the transparency of reporting, financingand auditing in order to avoid unfounded indictment by the authorities; as wellas to ensure that their modes of operation and purpose are consistent withArticle 22 of the ICCPR.

The Observatory more generally urges the authoritiesof the Maldives to guarantee that human rights defenders and NGOs can carry outtheir activities free of any hindrances and to ensure in all circumstances respect for human rightsand fundamental freedoms in accordance with international human rightsstandards and instruments ratified by the Maldives.

[1] Recreational clubs, law societies, GONGOsetc. are reportedly also registered under the same act. However, some of thesegroups, while not adhering to the terms of the act, do not seem to face anyproblems with the Ministry of Home Affairs.