A/HRC/43/51/Add.3
in order to criminalise the rights to freedom of expression and peaceful assembly would
constitute an unwarranted and disproportionate attack on these rights and may have severe
repercussions on civic space in the country.
416. The Special Rapporteur remains concerned about alleged statements made by the
Minister in the Prime Minister’s Department for Religious Affairs regarding the “misuse of
democratic space” during the march, which are not addressed in the Government’s reply. The
Special Rapporteur reasserts that the rights to freedom of expression and peaceful assembly
belong to all persons, regardless of their gender, sexual orientation and gender identity. Such
statements, especially when made by public officials, may foster a climate in which
discrimination and violence based on gender, sexual orientation and gender identity are
condoned and perpetrated with impunity.
417. Further concern is expressed over alleged intimidation and threats of criminalisation
against Mr. Numan Afifi in relation to his participation the 40th session of the Human Rights
Council in Geneva, which may constitute an act of reprisal for his cooperation with UN
human rights mechanisms. The Special Rapporteur takes note of the Government’s
justification for calling Mr. Afifi for questioning following his participation in the abovementioned Human Rights Council session, which is based on his having been sat in close
proximity to someone who reportedly made a remark of which the Government disapproves,
in relation to sexual orientation and gender identity. The Special Rapporteur finds this
explanation deeply unsatisfactory. Acts of reprisal against human rights defenders for their
interaction with UN human rights mechanisms are condemned in the strongest possible
terms. The Special Rapporteur underscores that the participation of human rights defenders
and civil society organisations is vital for the ability of UN human rights mechanisms to carry
out their mandated functions, and acts of reprisal seriously jeopardise these interactions.
Maldives
418.
JAL 07/11/2019
Case no: MDV 1/2019
State reply: 15/01/2020
Allegations concerning the decision to dissolve the human rights organisation
Maldivian Democracy Network, as well as the intensified online harassment,
intimidation and threats against its staff members, including Ms. Shahindha Ismail and
Mr. Mushfiq Mohamed.
419. The Special Rapporteur thanks the Government of the Maldives for its response to
communication MDV 1/2019.
420. The Special Rapporteur remains seriously concerned about the launching of
investigations against the Maldivian Democracy Network (MDN), the recent decision to
dissolve the organisation, as well as the intensified online harassment, intimidation and
threats, including a death threat, against Ms. Ismail, Mr. Mohamed and other MDN staff.
These acts appear to be directly linked to their exercise of the rights to freedom of thought,
conscience, and expression in advocating for deradicalization and religious tolerance in the
Maldives, notably in relation to a report MDN published in 2016, entitled “Preliminary
Assessment of Radicalisation in the Maldives”.
421. While acknowledging the Government’s reply that a thorough investigation was
carried out prior to confirming the dissolution of MDN, and that the investigation found the
content of the aforementioned report to incompatible with the Islamic character of the
Maldivian State, specific concerns are raised that the investigation and the decision to
dissolve the organisation are based on repressive legislation which is incompatible with the
Maldives’ obligations under international human rights law.
422. The Special Rapporteur is further concerned at statements made by the authorities
undermining freedom of expression by condemning what is deemed to be “anti-Islamic”
speech, and overstressing the need to “protect” religion from “blasphemy”. He also reiterates
his concerns about increased religious intolerance in the country and increased online and
offline attacks against individuals who express liberal or independent views. His concerns
are strengthened by the chilling effect these acts have on the exercise of the right to freedom
59
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