Unpacking the Maldives’ Transitional Justice Act

In a surprise move on 17 December 2020, the Maldivian government ratified the Transitional Justice Act and instituted the Office of the Ombudsman for Transitional Justice (OOTJ). This is a historic step by the government to initiate long-overdue redress mechanisms for survivors of past abuses. Achieving this uphill task in the current political climate – not to mention as the global COVID-19 pandemic rages on – is strenuous even with a supermajority in Parliament. This law is an attempt at guaranteeing legal certainty to the cause of serving justice, in the form of reparations and closure for survivors who have been systematically wronged by state officials and institutions.

However, given the Maldives' political fluctuations, local and international observers must closely monitor the Act's progress and assist the government in enforcing this revised legal framework, even if it does meet basic international standards. The recent assassination attempt against the country's speaker and former president, Mohamed Nasheed, proves the volatile nature of local politics. The military and police backed coup against him in 2012 and the assassination attempt on former president Abdulla Yameen in 2015 are other examples that speak to a culture of impunity that needs to be addressed. Yet the Act is meaningless if its enforcement is not made viable through institutional security and funding, or if the perception of its impartiality is compromised. If it does not directly benefit survivors and victim communities, this is merely an exercise in hoodwinking the international community on the part of the Maldivian government.