LGBTQ rights in the Maldives

Penal Code and Islamic law Criminal sexual contact is defined under section 131 of the Maldives Penal Code and refers to the prohibition of sexual contact done without any reason that permits it 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 (ILGA), the Maldives Penal Code left matters concerning sexual conduct un-codified and to be regulated by Islamic law, applicable to Muslims only, prior to its amendment. However, since the amended Penal Code came into effect in 2015, the laws concerning LGBTQ rights have tightened. During preparations to restart executions in 2015, new regulations were passed on the implementation of the penalty: Section 92(k) of the amended Maldivian Penal Code refers that the death penalty was only to be available for egregious, purposeful killing. In section 1205, it is stated that "if an offender is found guilty of committing an offense 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". Accordingly, the punishments under Maldivian law are those specified in Sections 410 to 412. The plans to re-implement the death penalty were later abandoned, and the moratorium on capital punishment for any crime was continued. ==Recognition of same-sex relationships==

Same-sex relationships, including same-sex marriages, civil unions, and domestic partnerships, are not recognized in the Maldives. Section 410(a)(8) of the Maldives Penal Code (in force since 16 July 2015) criminalizes same-sex marriage by stating that it is an offense if "two persons of the same sex enter into a marriage". == Discrimination protections ==

There is no legal protection against discrimination based on sexual orientation or gender identity. ==Constitutional framework==

In 2009, the Maldives enacted a new Constitution 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 LGBTQ human rights issues. ==United Nations developments==

United Nations resolutions In 2008, a European-drafted statement called for the decriminalization of homosexuality and recommended that states "take all the necessary measures, in particular legislative or administrative, to ensure that sexual orientation or gender identity 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 that signed an opposing document, read by the Syrian representative, which divided the United Nations General Assembly on the issue of LGBTQ 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 LGBTQ community. A second resolution was adopted by the United Nations Human Rights Council in September 2014 which related to sexual orientation and gender identity, which was rejected by the Maldives as well. Universal Periodic Review In September 2014, in the Human Rights Commission of the Maldives' (HRCM) submission to the Universal Periodic Review of the Maldives, a number of human rights issues were highlighted; however, no LGBTQ rights issues were discussed. "Freedom of expression" was highlighted as an area of concern, as it was noted, "there are no laws which guarantee freedom of expression in the Maldives". In the United Nations' 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, lesbian, gay, bisexual, transgender and non-traditional forms of the family." 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." It was reported that those perceived as homosexual or transgender in the Maldives were the target of hate crimes and other human rights violations and so the United Nations Population Fund (UNFPA) recommended the Maldives seek to ensure the protection of LGBTQ individuals from this through law reform. In May 2015, in a briefing paper submitted to the Maldives' second cycle Universal Periodic Review, the International Service for Human Rights (ISHR) said "un-codified Muslim Sharia Law criminalizes homosexual conduct, thus making the Maldives a very insecure place to advocate for the rights of persons who identify themselves as LGBTQ". ==Living conditions==

Persecution In 2013, Maldivian blogger Hilath Rasheed, who identified as gay and advocated for religious freedom, was stabbed in the neck near his home in Malé. He survived. The assailants were not captured, so a motive for the attack could not be conclusively established, but the incident was linked with his journalistic activity. He had previously been censored, arrested, and threatened because of his work. 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 spoke of Abraham Naim, who was granted asylum due to the persecution he faced being gay in the Maldives. The Ministry of Business, Innovation and Employment in New Zealand was said to have granted refugee status because Naim was "at risk of serious harm from state agents" and would likely face further persecution 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 anti-LGBTQ discrimination is pervasive in the Maldives, it remains a popular holiday destination for LGBTQ couples who rarely experience the reality of the country's Islamic-based law. Tourist resorts are usually isolated from civilian population centers and therefore not subject to Islamic law, evidenced by the sale of alcohol in these resorts. stated that the local Maldives LGBTQ movement is mostly limited to the virtual world, operating on the internet, due to the intensity of homophobia in the country. In 2015, two local men were 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. ==Summary table==