Lesbian, gay, bisexual, and transgender (LGBT) persons in Maldives face legal challenges not experienced by non-

LGBT ' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. The LGBT term is a ...

residents. The Maldives law criminalises homosexuality and prescribes criminal penalties for same-sex sexual conduct and relationships. The

Penal Code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...

of the Maldives works with Islamic Shariah Law to punish any acts relating to homosexuality through prison sentences, fines, and lashings.
Maldives Penal Code Despite this, homosexuality is rarely prosecuted, but remains a

social taboo A taboo or tabu is a social group's ban, prohibition, or avoidance of something (usually an utterance or behavior) based on the group's sense that it is excessively repulsive, sacred, or allowed only for certain persons.''Encyclopædia Britannica ...

where

sexual orientation Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...

discrimination Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, relig ...

occurs frequently and those in the LGBT community are subject to hate crimes and other

human rights Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...

violations.
United Nations Human Rights Council 'Compilation prepared by the Office of the United Nations High Commissioner for Human Rights in accordance with paragraph 15 (b) of the annex to Human Rights Council resolution 5/1 and paragraph 5 of the annex to Council resolution 16/21' at 7. LGBTQ tourists are considered to be "welcome" at most tourist islands, but tourist guides caution that many of the islands that are not open to tourists may be subject to Shariah Law.

Maldivian culture

Dhivehi language

The Dhivehi language, Dhivehi word for

homosexuality Homosexuality is romantic attraction, sexual attraction, or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to peop ...

is "".

Legality of same-sex sexual acts

Penal Code and Islamic Law

The Penal Code of the Maldives further criminalises homosexuality in several ways. Criminal sexual contact is defined under section 131 of the Maldives Penal Code and refers to the prohibition of sexual contact without any reason permitted under Islamic Law. Same-sex intercourse is illegal under Islamic Law. Same-sex sexual intercourse is explicitly named as an offense within section 411(2) of the Penal Code and is defined under section 411(f).

Punishment and enforcement mechanisms

According to the

International Lesbian, Gay, Bisexual, Trans and Intersex Association The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) is an organization who is committed to advancing human rights to all people, disregarding gender identity, sex characteristics and expression. ILGA participates in a ...

(ILGA) the Maldives Penal Code, prior to amendment in 2015, left matters concerning sexual conduct uncodified and to be regulated by Islamic Law, applicable to

Muslim Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abrah ...

s only. However, since the amended Penal Code came into effect the laws concerning LGBT rights have tightened. Maximum penalties for

homosexual Homosexuality is romantic attraction, sexual attraction, or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to peop ...

acts prohibited under the Maldives Penal Code include;

imprisonment Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is "false imprisonment". Imprisonment does not necessari ...

of up to one year for unlawful marriage under s410(a)(8), imprisonment of up to eight years for criminal conduct under s411(a)(2) and 411(d) with allowance for a supplementary 100 lashes punishment under Islamic Sharia Law, and imprisonment for up to four years for unlawful sexual conduct under s412. Homosexual acts cannot be punished with death under Maldivian law. Capital punishment, under both civil code and Sharia law has been in abeyance since 1953. During preparations to recommence executions in 2015, new regulations were passed on the implementation of the penalty: Section 92 (k) of the amended Maldivian Penal Code explicates that the death penalty was only to be available for egregious purposeful killing. Some point to section 1205 which states that "if an offender is found guilty of committing an offence for which punishments are predetermined in the Holy Quran, that person shall be punished according to Islamic law and as prescribed ''by this Act'' ''and'' the Holy Quran". The Quran does not specify a punishment for homosexuality. Accordingly, the punishment under Maldivian law are those specified in Sections 410 to 412. The plans to reimplement the death penalty were later abandoned and the moratorium on capital punishment—for any crime—continued.

Recognition of same-sex relationships

Same-sex relationships A same-sex relationship is a romantic or sexual relationship between people of the same sex. ''Same-sex marriage'' refers to the institutionalized recognition of such relationships in the form of a marriage; civil unions may exist in countries w ...

, including

same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...

civil union A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...

s, and

domestic partnership A domestic partnership is a legal relationship, usually between couples, who live together and share a common domestic life, but are not married (to each other or to anyone else). People in domestic partnerships receive benefits that guarantee r ...

s, are not recognised in the Maldives. Section 410(a)(8) of the Maldives Penal Code (In force since 16 July 2015) criminalises same-sex marriage by stating that it is an offence if "two persons of the same sex enter into a marriage".

Discrimination protections

There is no legal protection against discrimination based on

gender identity Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent, and consistent with the i ...

Constitutional framework

In 2009, the Maldives enacted a new

Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When ...

that included a chapter on rights and freedoms, demonstrating the desire to embrace a new culture of human rights. However, this did not include any resolutions regarding LGBT human rights issues.

United Nations developments

United Nations resolutions

In 2008, a European-drafted statement called for the decriminalisation of homosexuality and recommended that states "take all the necessary measures, in particular legislative or administrative, to ensure that sexual orientation or

may under no circumstances be the basis for criminal penalties, in particular executions, arrests or detention". The Maldives was one of the initial 57 members (now 54 members) which signed an opposing document, read by the Syrian representative, that divided the

United Nations General Assembly The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Curr ...

on the issue of LGBT Rights. As a country under Islamic Sharia Law, the Maldives followed the documents beliefs on several matters. The document stated that the European-drafted statement interfered with matters that should be within the domestic jurisdiction of individual states. Furthermore, the document also stated a desire to avoid the social normalisation of what were considered to be 'disgraceful acts' by setting new rights and standards that were not agreed upon by entering into membership and following the

Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal De ...

. It also claimed that the declaration was a threat to the international framework of human rights. In June 2011, the Maldives rejected a resolution submitted by the Republic of South Africa at the United Nations which sought to affirm the rights of the LGBT community. A second resolution was adopted by the United Nations Human Rights Council in September 2014 which related to sexual orientation and gender identity, however, this was again rejected by the Maldives.

Universal Periodic Review

In September 2014, in the

Human Rights Commission A human rights commission, also known as a human relations commission, is a body set up to investigate, promote or protect human rights. The term may refer to international, national or subnational bodies set up for this purpose, such as nationa ...

of the Maldives (HRCM) submission to the Universal Periodic Review of the Maldives, a number of human rights issues were highlighted; however, no LGBT rights issues were discussed.
Human Rights Commission of the Maldives (HRCM) 'HRCM Submission to the Universal Periodic Review of the Maldives, April–May 2015 (22nd session)', p. 5 'Freedom of Expression' was highlighted as an area of concern where it was noted, "there are no laws which guarantee freedom of expression in the Maldives". Reference was made to the numerous death threats and other violent behaviour received by

human rights activists A human rights defender or human rights activist is a person who, individually or with others, acts to promote or protect human rights. They can be journalists, environmentalists, whistleblowers, trade unionists, lawyers, teachers, housing campai ...

and the Commission did note the need to "take measures to address issues of threats and intimidation directed to parliamentarians, journalists and civil society activists to ensure their safety". This may or may not extend to the same persecution suffered by LGBT rights activists. The objectives of the Maldives Human Rights Commission are set out in the Human Rights Commission Act and explain why LGBT Rights were not included in the submission. The objectives of the Commission include protecting, promoting and sustaining human rights in the Maldives "in accordance with Islamic Sharia and the

Constitution of the Maldives The Constitution of the Maldives is the supreme law of the country of Maldives. It provides the legal foundation for the existence of the Republic of the Maldives, sets out the rights and duties of the citizens of the Maldives, and defines the str ...

". In the United Nation's 2016 report of the Human Rights Council on its thirtieth session, it was noted that the Maldives accepted 198 recommendations made out of 258, leaving 60 recommendations rejected. These 60 recommendations included matters that were said to contradict the Islamic Faith and the Constitution of the Maldives; such as those "relating to

freedom of religion Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freedom ...

lesbian A lesbian is a Homosexuality, homosexual woman.Zimmerman, p. 453. The word is also used for women in relation to their sexual identity or sexual behavior, regardless of sexual orientation, or as an adjective to characterize or associate n ...

gay ''Gay'' is a term that primarily refers to a homosexual person or the trait of being homosexual. The term originally meant 'carefree', 'cheerful', or 'bright and showy'. While scant usage referring to male homosexuality dates to the late 1 ...

bisexual Bisexuality is a romantic or sexual attraction or behavior toward both males and females, or to more than one gender. It may also be defined to include romantic or sexual attraction to people regardless of their sex or gender identity, whi ...

and

transgender A transgender (often abbreviated as trans) person is someone whose gender identity or gender expression does not correspond with their sex assigned at birth. Many transgender people experience dysphoria, which they seek to alleviate through tr ...

and non-traditional forms of the family".
United Nations General Assembly 'Report of the Human Rights Council on its thirtieth session'. Here, Action Canada for Population and Development responded by noting their concern over the Maldives rejection of "adopting a law against discrimination on the basis of sexual orientation". The Human Rights Council, in 2015, recommended that the Maldives accelerate their work towards enacting Anti-discrimination law, anti-discrimination legislation and to "ensure it includes a prohibition of discrimination on the basis of sexual orientation; and combat the stigmatization and marginalization of homosexuals in society" It was reported that those perceived as homosexual or transgender in the Maldives were the target of

hate crime A hate crime (also known as a bias-motivated crime or bias crime) is a prejudice-motivated crime which occurs when a perpetrator targets a victim because of their membership (or perceived membership) of a certain social group or racial demograph ...

s and other human rights violations and so the

United Nations Population Fund The United Nations Population Fund (UNFPA), formerly the United Nations Fund for Population Activities, is a UN agency aimed at improving reproductive and maternal health worldwide. Its work includes developing national healthcare strategies ...

(UNFPA) recommended the Maldives seek to ensure the protection of LGBT individuals from this through law reform. The Committee also recommended that the Maldives "decriminalize sexual relations between consenting adults of the same sex". These recommendations were noted by the Maldives but not accepted. In the Human Rights Council's National Report for the Maldives in 2015, it was noted that since the review of the Maldives in 2010 there have been many important developments in terms of human rights as the country transitioned to a

democratic society Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation ("direct democracy"), or to choose gover ...

. The report does not, however, include any detailing of LGBT human rights issues or developments. In May 2015, in a briefing paper submitted to the Maldives second cycle Universal Periodic Review, the

International Service for Human Rights The International Service for Human Rights (ISHR) is an independent, non-profit organization with offices in Geneva and New York which promotes and protects human rights by supporting human rights defenders, strengthening human rights standards ...

(ISHR) said " codified Muslim Sharia Law criminalises homosexual conduct, thus making the Maldives a very insecure place to advocate for the rights of persons who identify themselves as LGBT".

Living conditions

Persecution

In 2013, a blogger named Hilath Rasheed was nearly killed in a violent attack outside his home in the Maldives due to his open homosexuality. and push for religious freedom. Freedom of religion, which heavily interweaves with freedom of expression and sexuality in the Maldives, remains heavily restricted in the country, both legally and through public opinion. A 2014 article in

New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...

spoke of Abraham Naim who was granted

asylum Asylum may refer to: Types of asylum * Asylum (antiquity), places of refuge in ancient Greece and Rome * Benevolent Asylum, a 19th-century Australian institution for housing the destitute * Cities of Refuge, places of refuge in ancient Judea * ...

due to the

persecution Persecution is the systematic mistreatment of an individual or group by another individual or group. The most common forms are religious persecution, racism, and political persecution, though there is naturally some overlap between these term ...

he faced being gay in the Maldives. The

Ministry of Business, Innovation and Employment The Ministry of Business, Innovation and Employment (MBIE; mi, Hīkina Whakatutuki) is the public service department of New Zealand charged with "delivering policy, services, advice and regulation" which contribute to New Zealand's economic p ...

was said to have granted

refugee A refugee, conventionally speaking, is a displaced person who has crossed national borders and who cannot or is unwilling to return home due to well-founded fear of persecution.

status because Naim was "at risk of serious harm from state agents" and would likely face further

for being openly gay on returning to the Maldives. This was affirmed by Ibrahim Muaz, a spokesman at the President's Office, who commented that those seeking asylum abroad for reasons of sexual orientation discrimination would face prosecution upon return. While discrimination is apparent in the Maldives it remains a popular holiday destination for LGBT couples who rarely experience the reality of the country's Islamic based law due to the income from tourism. Rainbow Warriors
Rainbow Warriors 'LGBT rights in the Maldives: 2015'. stated that the local Maldives LGBT movement is mostly limited to the virtual world, operating on the internet, due to the uncertainty and the intensity of

homophobia Homophobia encompasses a range of negative attitude (psychology), attitudes and feelings toward homosexuality or people who are identified or perceived as being lesbian, gay or bisexual. It has been defined as contempt, prejudice, aversion, h ...

in the country.
Colin Stewart 'Maldives: Lenient no more, island nation arrests 2' 1 September 2015. Retrieved 8 September 2017. 2015 saw two local men arrested in their private home on one of the islands in the Maldives with charges of homosexuality following a complaint by a member of the public.