Prior to the reform of the Maldives penal code in 2014, same-sex relationships were only regulated under Sharia, or Islamic law. Under the revised penal code, section 411(a)(2) punishes “sexual intercourse with a person of the same sex” with up to eight years in prison, while section 411(d) stipulates an additional penalty of up to 100 lashes under Sharia. Section 412 prohibits unlawful sexual conduct with a penalty of up to eight years. These provisions are applicable to both men and women.

Criminalizing adult consensual same sex-conduct contravenes broadly accepted international legal standards. Arrest for consensual same-sex relations is arbitrary. Laws against same-sex conduct make people easy targets for blackmail, extortion, and political manipulation. Even when not enforced, such laws have a chilling effect on same-sex activity.

 

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Consensual sexual relations are protected under the human right to privacy and nondiscrimination, and the right to be protected against arbitrary and unlawful interference with an individual’s private and family life and their reputation or dignity. Criminalizing same-sex intimacy violates these international norms and standards, as affirmed by the United Nations Human Rights Committee, which monitors compliance with the International Covenant on Civil and Political Rights, and by the UN independent expert on sexual orientation and gender identity.

 

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“The arrest of four men for consensual same-sex conduct shows the arbitrary nature of these discriminatory laws,” Reid said. “The laws leave people open to blackmail and other abuse, and easily become a political tool in which those prosecuted bear the brunt of the abuse. The government should repeal the laws immediately.”