HRCM calls for expedited amendments to anti-torture law
Muna pointed out that the anti-torture law elevating HRCM to conduct criminal investigations caused serious hindrances in carrying out responsibilities.
The Human Rights Commission of Maldives (HRCM) on Tuesday asked respective parliamentary committee to give special priority to amend laws in respect to the commission's work, noting that some provisions in laws related to the commission such as the Anti-Torture Act pose serious challenges to its functions.
The HRCM made the request at the Human Rights and Gender Committee of Parliament on Tuesday to review the commission’s 2022 and 2023 reports.
Speaking at the meeting, HRCM President Mariyam Muna highlighted the legal challenges facing the HRCM and mentioned some laws that need to be amended.
As such, she noted:
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Second Amendment to the Human Rights Commission Act
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Anti-Torture Act
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Whistleblower Protection Act
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Prevention of Sexual Harassment and Abuse Act
Giving more details about the laws, Muna said that the Second Amendment to the Human Rights Act stipulates that compensation should be paid to the person who is found to have been deprived of human rights. However:
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The law does not provide further details
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The HRCM found that it should be run as a tribunal to determine the amount of compensation
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The situations in which compensation is most sought is for those in very poor conditions in prisons; it is difficult to process and the HRCM needs to have broader powers
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The HRCM has met with the AG to amend the provision of the Act
Muna also pointed out that the Anti-Torture law elevating HRCM to conduct criminal investigations caused serious hindrances in carrying out responsibilities. She further noted:
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No human rights institution anywhere in the world is a criminal investigative body; criminal investigation should be conducted by another institution
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The HRCM visits prisons and state-run fosters and places of care to find desirable solutions in consultation with the government
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However, with the increase in investigative responsibility, the HRCM must also investigate and prosecute the cases of those working with the HRCM; with that, there are major conflicts of responsibility
"For instance, we are the agency [or] oversight mechanism to see if a state agency did something and a person's rights were violated. We are given a primary function in investigating, and if a person's rights are violated in an investigation we conduct, who is there to look into it?"
So, she said she would consult with the AG to elevate the responsibility to another agency and ask him to put it on the agenda of the parliamentary session as soon as possible.
HRCM requested the committee to amend the law with special emphasis on the issue, noting that the amendment has not been tabled in parliament so far.
Muna added:
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Although the Whistleblower Protection Act has been mandated to the HRCM, there is a conflict of responsibilities as another institution looks into it
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The current Ministry of Social Affairs is set to propose amendments to the Prevention of Sexual Harassment and Abuse Act; the amendment is expected to be submitted to parliament very soon
In addition to the legal challenges, Tuesday's meeting highlighted additional difficulties faced by the HRCM. These include:
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Budget constraints prevent the institution from performing its responsibilities properly
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The higher salaries of the independent institutions established later than the HRCM make it difficult to recruit and retain employees for a long period of time
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Extreme space constraints in the office building and the need to rent venues to hold events
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Lack of independent forensics lab in Maldives
