Centre for Human Rights Education Faculty of Humanities The Maldives in Transition: Human Rights and Voices of Dissent Aminath Didi This thesis is presented for the Degree of Doctor of Philosophy of Curtin University February 2012 THE MALDIVES IN TRANSITION: HUMAN RIGHTS AND VOICES OF DISSENT Black Friday Protests 2004 Photo by A S Moosa Aminath Didi This thesis is presented for the Degree of Doctor of Philosophy of Curtin University Centre for Human Rights Education Faculty of Humanities February 2012 DECLARATION To the best of my knowledge and belief this thesis contains no material previously published by any other person except where due acknowledgement has been made. This thesis contains no material which has been accepted for the award of any other degree or diploma in any university. Aminath Didi February 2012 ABSTRACT This thesis explores the factors that have facilitated and inhibited the Maldives transition to a human rights respecting nation. The death of a young inmate in Maafushi Jail in September 2003 triggered events that led the Maldives to accept international human rights norms and to revise its Constitution. It also led the Maldives to embrace pluralistic democracy leading to the fall of a thirty-year dictatorial regime in 2008. Data gathered through interviews with activists and dissidents, as well as policy and law makers were analysed using grounded theory methodology. Increasing domestic opposition as well as international pressure from transnational advocacy networks and international aid donors steered the Maldives from a path of relative isolation in the 20th century, into the globalised world of the 21st century. Through the use of modern means of communication, the opposition took to direct action on the streets to bring about a regime change. The findings from the data highlight some of the challenges facing the Maldives in its transitioning from authoritarian to democratic rule. Voice has been given to dissent through this research. Key challenges still remain for the country to move forward in its path to democracy and human rights. i ACKNOWLEDGEMENTS The journey on my thesis has been an interesting and challenging one that I could not have undertaken alone without the support and help of many others. To each and every one of them I owe a huge debt of gratitude. First and foremost I would like to acknowledge my father who passed away all too soon when I was fourteen years old. Many times when I felt like giving up, it was his last words to me on the need to attain a good education that has kept me going. I am also extremely grateful to my mother, my sisters and my brothers for putting up with my many long distance telephone calls for a chat and help with so many things. I owe much to my son for having put up with my many late nights at the computer, for being a sounding board sometimes, and for patiently helping with the final formatting of the document. All of them have pushed me on to get me to this point. This thesis would not have been possible for the unswerving support and guidance from my supervisors. I am very grateful to Professor Linda Briskman who has been an inspiration throughout this whole journey. Without her encouragement I would not have had the confidence to complete this daunting task. I am thankful to Dr Anne-Marie Hilsdon who shared this journey with me for a major part of the time. She helped me through my struggles in making sense of my data. I am also indebted to Dr Anne Aly for reading my draft thesis and providing me with voluntary and constructive feedback to improve the quality of my work. To Professor Roy Jones, I owe a huge debt of gratitude for making it possible for me to continue with this journey to complete my thesis. I am also extremely grateful to Dr Caroline Fleay for providing me with her helpful suggestions. I take this opportunity to also thank all the staff at the Centre for Human Rights Education and the Humanities Graduate Studies Office for their help in making this journey a pleasant one. For the participants of this study, I cannot thank them enough for reliving the sometimes painful memories and sharing their personal ii experiences and stories. I salute their courage and the risks they took in their quest for democracy and human rights in the Maldives, in the face of much adversity in losing their humanity and dignity. I hope that I have been able to do justice to their stories in my thesis. President Nasheed has been an inspiration and I thank him for his support and encouragement with my research. I am also indebted to Ali Shiyam for helping me organise the interviews and for encouraging me to think positively and to stay focussed. And finally, I would like to acknowledge my fellow researchers and friends here in Perth who listened to my many concerns and who have provided me company during the much needed breaks from studies. Without you all, this would have been a very lonely journey. iii TABLE OF CONTENTS Abstract………………………………………………………….……………………………………...…. i Acknowledgements…………………………………………………………………………………. ii Table of Contents…….……………………………………………………………………………… iv List of Figures…..…………………………………………………………………………………..…. vi Map of Maldives……………………………………………………………………………………... vii List of Abbreviations……………………………………………..…………………………….. viiii Chapter 1: Introduction to the Study...…..…………………………………………………. 1 Impetus for the Research…………………………………………………………………………… 1 My Human Rights Journey…………………….…………………………………………………… 4 Significance of the Research………………………………………………………………………. 7 Designing the Study…………………………………………………………………………………... 9 Structure of the Thesis…………………………………………………………………………….. 14 Chapter 2: The Study Setting…………………………..……………………………………... 17 Introduction……………………………………………………………………………………………. 17 The Geography……………………………………………………………………………………...… 17 The People……………………………………………………………………………………………… 19 Socio-Cultural Aspects…………………………………………………………………………….. 21 Education……………………………………………………………………………………………….. 27 Health…………………………………………………………………………………………………….. 31 Housing………………………………………………………………………………………………….. 34 The Economy………………………………………………………………………………………….. 36 Governance and Administration………………………………………………………………. 40 The Judiciary…………………………………………………………………………………………… 45 Peace and Security…………………………………………………………………………………... 48 Conclusion………………………………………………………………………………………………. 52 Chapter 3: Discourse on Human Rights…….…………..……………………………….. 54 Introduction……………………………………………………………………………………………. 54 The Concept of Human Rights………………………………………………………………….. 55 Development of International Human Rights Norms…………………………………. 59 Classification of Human Rights…………………………………………………………………. 74 Controversies in Human Rights………………………………………………………………... 79 The “Asian Values” Debate……………………………………………………………………….. 82 Islam and Human Rights………………………………………………………………………….. 84 Human Rights Norms in Practice……………………………………………………………… 88 Conclusion……………………………………………………………………………………………… 97 Chapter 4: Research Methodology……..…………………………..………………………. 99 Introduction……………………………………………………………………………………..…….. 99 The Research Journey…………………………………………………………………………..…. 99 Research Design……………………………………………………………………………………. 101 The Research Process……………………………………………………………………………. 105 iv The Analytical Process…………………………………………………………………………… 113 Reflections on the Research Strategy……………………………………………………… 120 Conclusion…………………………………………………………………………………………….. 121 Chapter 5: Civil and Political Rights……….………………………..…………………... 122 Introduction………………………………………………………………………………………….. 122 Governance Issues………………………………………………………………………………… 124 Fear and Intimidation……………………………………………………………………………. 133 Failure of the Criminal Justice System…………………………………………………….. 140 Resistance to Change……………………………………………………………………………... 146 Conclusion…………………………………………………………………………………………….. 150 Chapter 6: Economic and Social Rights…………………………..……………………. 153 Introduction………………………………………………………………………………………….. 153 Housing Issues………………………………………………………………………………………. 155 Lack of Employment Opportunities………………………………………………………... 162 Poverty and Inequality…………………………………………………………………………... 172 Access to Education……………………………………………………………………………….. 174 Health: Problem of Drug Use………………………………………………………………….. 179 Climate Change……………………………………………………………………………………… 185 Conclusion…………………………………………………………………………………………….. 187 Chapter 7: Cultural and Religious Rights……………………..………………………. 190 Introduction………………………………………………………………………………………….. 190 Changing Social Values…………………………………………………………………………... 193 Growing Religious Extremism………………………………………………………………... 201 Alienation and Social Exclusion……………………………………………………………… 211 Increasing Anti-Social Behaviour and Gang Violence………………………………. 214 Conclusion…………………………………………………………………………………………….. 217 Chapter 8: Conclusions from the Study………………………………………..………. 219 Introduction………………………………………………………………………………………….. 219 Overview of the Findings……………………………………………………………………….. 220 The Way Forward………………………………………………………………………………….. 227 Chapter 9: Postscript………...…………………………………………………………………..231 Introduction………………………………………………………………………………………….. 231 Reaction to Democratic Governance……………………………………………………….. 231 The Coup d’état? ..…..………………………………………..…………………………………….. 235 Reaction from the International Community..….………………..…………………….. 240 Where Do We Go from Here?.................................….………………..…………………….. 243 References…………………………………………………………………………………………… 247 v LIST OF FIGURES Figure 1: The Research Procedure…………………………………………………...….. 108 Figure 2: Issues Identified……………………………………………………………………..115 Figure 3: Themes Identified…………………………………………………………………..117 Figure 4: Categories Identified………………………………………………………………119