MOTION FOR A RESOLUTION on situation in the Maldives
13.3.2018 - (2018/2630(RSP))
pursuant to Rule 135 of the Rules of Procedure
Elena Valenciano, Victor Boştinaru, Josef Weidenholzer, Wajid Khan on behalf of the S&D Group
See also joint motion for a resolution RC-B8-0168/2018
The European Parliament,
– having regard to its previous resolutions on the Maldives, particularly those of 16 September 2004[1], 30 April 2015[2], 17 December 2015[3], and 4 October 2017
- having regard to the EU Foreign Affairs Council Conclusions of the 26 February 2018
- having regard to the Statement by the EU Spokesperson on the decision of the Supreme Court of the Maldives of the 5 February 2018
- having regards to the Statement by the EU Spokesperson on the situation in the Maldives of the 6 February 2018
- having regard to the Joint local statement of the Delegation of the European Union in agreement with the EU Heads of Missions resident in Colombo and accredited to the Maldives on the renewed arrest of MP Faris Maumoon of the 30 January 2018
– having regard to the International Covenant on Civil and Political Rights (ICCPR), to which the Maldives is a party,
– having regard to the United Nations Declaration on the Elimination of All Forms of Intolerance and of Discrimination based on Religion and Belief of 1981,
– having regard to the EU Guidelines on the Death Penalty,
– having regard to the Universal Declaration of Human Rights of 1948
– having regard to the Convention on the Elimination of All Forms of Discrimination against Women,
– having regard to the EU Guidelines on the Death Penalty,
– having regard to Rules 135(5) and 123(4) of its Rules of Procedure
- having regards to the official mission to the Maldives of the European Parliamentary Delegation for Relations with the Countries of South Asia from 29 - 31 October 2017;
A. whereas the EU has long-standing relations with the Maldives, an international tourist destination, with almost 1.4 million tourists visiting in 2017, out of which thousands are European tourists;
B. whereas violations of human rights, democracy and rule of law in the Maldives continue to escalate following country’s first democratic elections in 2008 and since its first democratically elected president, Mohamed Nasheed, was ousted in 2012;
C. whereas on the 1 February 2018, a decision of the Supreme Court of the Maldives annulled the criminal proceedings against leading politicians and admitted unfair trails against them; Whereas the ruling ordered for the immediate release of nine opposition political leaders, including Mohamed Nasheed in exile and for the reinstatement of 12 suspended Members of Parliament; whereas the order effectively placed President Yameen’s government in minority;
D. Whereas the first round of Presidential elections are due to take place in September 2018;
E. Whereas on the 5 February 2018 following the decision of the Supreme Court, Maldivian President Abdullah Yameen declared a 15 day state of emergency; whereas by declaring the state of emergency a large number of human rights and fundamental freedoms enshrined in the Constitution were suspended, including rights of peaceful assembly and freedom from unlawful arrest and detention; whereas two presiding judges of the Supreme Court of the Maldives, including the Chief Justice were arrested, causing the remaining presiding judges to annul the original order; whereas in a clear disregard for the independence of the judiciary, members of the judiciary and political opponents have been arbitrarily detained;
F. Whereas in January 2018, son former President Gayoom was arrested, Faris Maumoon was arrested again shortly after he was conditionally released from prison; Whereas in February 2018 several members of the opposition were arrested under the state of emergency;
G. Whereas the state of emergency and escalating undemocratic political unrest has prompted hundreds of peaceful protestors to call for the lifting of the state of emergency; whereas on the 20 February the state of emergency was forcefully extended for a further 30 days through parliament in the absence of a quorum
H. Whereas tens of peaceful protestors and journalists were arrested and arbitrarily detained; whereas the use of unnecessary and excessive force by the police, as well as threats and harassing measures, have been widely reported against journalists and peaceful protestors; whereas the Maldives is ranked 117th out of 180 countries in the RSF’s 2017 World Freedom Index;
I. whereas the Maldivian authorities have imposed restrictions on the citizens’ freedoms of assembly and speech, including curfews and prohibitions of protests;
J whereas President Yameen has repeatedly declared his intention to resume the practice of state-sanctioned executions, ending a 60-year moratorium; whereas Maldivian law, in contravention of international law, allows minors to be sentenced to a delayed death penalty to be carried out when the minor reaches the age of 18
1. Is deeply concerned about the deteriorating state of political and human rights, democracy and rule of law in the Maldives, particularly in the run up to Presidential Elections; Notes that the declaration of the state of emergency further undermines these concepts and escalates political tensions in the country; Calls for the immediate lifting, without delay, of the current state of emergency;
2. Welcomes the decision of the Supreme Court of the Maldives of the 1 February 2018 as a positive step towards restoring democratic principles in the country;
3. Notes that any disregard and non-implementation of a ruling undermines the rule of law; Reminds the authorities of the Maldives of the utmost importance of the requirement of a functional parliament, as well as of an independent judiciary, as fundamental pillars for a working democracy; Calls on the authorities to respect and fully abide by the ruling of the Supreme Court, allowing for the immediate resumption and normal functioning of the Parliament;
4. Strongly condemns any interference with the work of the Supreme Court of the Maldives and the arrests of the presiding judges; calls for their immediate and unconditional release; Is concerned about the increasing breakdown of the principle of separation of the executive, judicial and other powers in the Maldives; Calls on the responsible authorities to take immediate steps to restore and uphold the principles in its Constitution; Calls on the Commission to consider targeted measures should the situation not improve;
5.Deplores the crackdown on political opponents in the Maldives and to release, immediately and unconditionally, all those being held for political reasons, reminds the government of its international obligations to respect fundamental freedoms and rights under the International Covenant on Civil and Political Rights; Urges the authorities to demonstrate genuine commitment to credible, transparent and inclusive election and pre-election processes, with the full participation of all political parties;
6. Reiterates its call to the Maldivian government to engage in an inclusive dialogue with the leaders of all political parties; Recalls that such dialogue paves the way for credible, transparent and inclusive elections; Support the UN facilitation of such dialogue;
7 further deplores the crackdown of peaceful protestors and journalists and the restrictions imposed ; Calls on the Maldivian Authorities to fully comply with their obligations under international treaties and to safeguard rights and freedoms, particularly the right to freedom of expression and peaceful assembly; Urges the Authorities of the Maldives to immediately take measures to ensure a safe environment for the press, media and journalists, to report freely and without fear of prosecution, even during the state of emergency;
8. Calls for the immediate and unconditional release of all persons arbitrarily detained, notably journalists and peaceful protestors; Condemns all and any use of force by the authorities; Calls on all authorities, particularly law enforcement authorities, to act with restraint; Call on the authorities to investigate all those suspected to be responsible for offences committed and to hold them accountable.
9. Calls for a coordinated response from the international and regional actors, in particular China; encourages them to use all bilateral, multilateral, and regional platforms at their disposal to engage with the Maldives and play a positive role in helping to resolve the political crisis in the country, restore and uphold the principles enshrined in the Constitution in the interests of all Maldivians;
10. Reiterates the EU’s firm opposition to the death penalty, in all cases and without exception; calls for the universal abolition of capital punishment; urges the Government of the Maldives to respect the moratorium on the death penalty; calls on the Government to revoke all capital punishment charges against juveniles and to prohibit the execution of juvenile offenders;
11. Instructs its President to forward this resolution to the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the European External Action Service, the Council, the Commission, the governments and parliaments of the Member States, the OSCE/ODHIR, the Council of Europe and the Government of the Maldives.