Maldives

Same-sex sexual activity is prohibited under the Penal Code 2014, which criminalises ‘unlawful sexual intercourse’ and ‘unlawful sexual contact’. This provision carries a maximum penalty of eight years’ imprisonment. In addition, a punishment of 100 lashes can be imposed under Islamic Sharia. Both men and women are criminalised under this law.

Maldives adopted a new Penal Code in 2014 which criminalises same-sex sexual activity, as well as explicitly criminalising same-sex marriage. Maldives also operates a form of Islamic law, under which same-sex sexual activity is prohibited.

There is growing evidence of the law being enforced in recent years, with an increase in reports of people being arrested for alleged same-sex sexual activity since 2022. Reports of discrimination and violence being committed against LGBT people is limited due to the absence of LGBT civil society and social stigma which deters individuals from reporting incidents, though there have been reports of murder, attacks, and harassment in recent years.

2022

It was reported that on 23 August the leader of the Jumhooree Party, Qasim Ibrahim, proposed an amendment to the Criminal Procedure Code of the Maldives which would classify “homosexuality” as a serious criminal offence and increase the penalty for same-sex sexual activity to capital punishment. The proposed amendment stated that those “who practice homosexuality” are a danger to society. Other crimes listed as serious criminal offences include murder, terrorism, money laundering, child abuse and rape. The Bill was ultimately not passed.

2014

Maldives’ new Penal Code came into force in July, replacing the existing Penal Code that dated back to 1968. Among the provisions in the new code are the prohibition on same-sex sexual intercourse under Section 411, which carries a penalty of up to eight years’ imprisonment, and an additional punishment of 100 lashes under Sharia law. In 2006 a draft of the law was prepared by the Criminal Law Research Group at the University of Pennsylvania, led by Professor Paul Robinson, with technical support provided by UNDP. Under the draft code, which sought to codify Islamic criminal law, the maximum penalty for homosexual intercourse was one year imprisonment and 100 lashes.

2024

In a report published in June, the Kaleidoscope Human Rights Foundation reported that since the commencement of the current Penal Code in 2014, investigations, arrests, charges and convictions in relation to LGBT persons have become more common. The report referred to at least 12 known cases being heard by Maldivian courts in 2020.

2023

According to ILGA World’s Identities Under Arrest report, the July 2022 arrests of three men following leaked videos (see below) “caused an unprecedented cascade of arrests in the country”, after years of only sporadic enforcement of the criminalising laws.

The US Department of State report noted that as of August, police investigated six cases of alleged same-sex activity, but none led to charges, while court hearings in six cases from previous years continued.

2022

In July authorities arrested at least four men on “suspicion of engaging in homosexual acts”, including the brother of the current speaker of parliament, a former member of parliament, and an officer with the MPS Drug Enforcement Department. They were all charged with homosexuality. The cases stemmed from leaked videos that allegedly depicted the men having sex with a Bangladeshi national, M.D. Alamgiri, who pled guilty to the homosexuality charge as well as to 40 counts of pornography production. Alamgiri was sentenced to seven months in prison, while the brother of the speaker of parliament was sentenced to three months in house arrest and the police officer to 14 months in prison (later reduced to 12 months). Police also confirmed that were investigating dozens of other individuals. Some commentators allege that the arrests were politically motivated.

ILGA World, in its Identities Under Arrest report, documented an unrelated case in July of two foreign men being arrested for same-sex relations, which also arose from a video shared online.

According to the US Department of State, the courts of the Maldives heard 12 cases of individuals charged for engaging in same-sex relations during the year.

2015 

In September, police reportedly arrested two men aged 56 and 27 in their private home on the island of Dhaandhoo after receiving a complaint alleging ‘homosexual activity’.

2014

In Malé, the capital of Maldives, a trial for alleged same-sex conduct between a military officer and a security guard began in January.

Speaking about a Maldivian gay man who sought refuge in New Zealand following reported acts of persecution, a spokesman for the President’s office indicated in June that refugees would be prosecuted upon their return to the Maldives.

2013 

In August, two men were arrested for reportedly engaging in ‘homosexual activities.’

2024

In a report published in June, the Kaleidoscope Human Rights Foundation set out that LGBT people face violence, discrimination and stigmatisation in the Maldives. It was noted that LGBT persons face high levels of risk from Islamic extremists; of blackmail, harassment and extortion; and threats to their personal safety and security.

2023

In its 2023 World Report, Human Rights Watch reported that extremist groups continue to use social media to harass, target and threaten LGBT rights activists.

2020

A US State Department report noted that in June, protesters gathered outside the homes of two men accused of same-sex activity, both of whom were taken into police custody.

Human Rights Watch reported that Islamist extremist groups have for years used social media to target LGBT rights activists. Some of these extremist groups, which have assaulted and murdered LGBT activists without being held to account, are reportedly linked to prominent politicians.

2019

In July, authorities filed murder charges against three male Bangladesh migrant workers for the death of their colleague, a Bangladeshi man named Luthufaru, who they confessed to killing due to “unwanted advances and forced attempts to have sex”.

2012

In June, an openly gay blogger, Ismail Rasheed, was stabbed in the throat by Islamic extremists. His blog, Hilath.com, had been banned by the Telecommunications Authority in November 2011. The ban came at the request of the Islamic Ministry because of the blog’s alleged anti-Islamic content. The blog was known for promoting religious tolerance, as well as discussing the blogger’s sexual orientation. Furthermore, Ismail was reportedly detained by authorities between 10 December 2011 and 8 January 2012 after organising a protest calling for religious tolerance, although he was not charged with any crimes. He later fled the country.

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