Holistic Strategy

On December 17, 2020, the Maldivian government approved the Transitional Justice Act in a surprise move. It also established the Office of the Ombudsman for Transitional Justice (OOTJ). This was a historic step by the government to initiate long-overdue reimbursement mechanisms for survivors of past abuses. Even with a super-majority in the Parliament, signing and implementing this Act was nothing short of an uphill task. The law will guarantee legal proceedings when it comes to serving justice.

The Maldives is going through an era of political fluctuations. During such uncertain times, national and international observers need to ascertain that the Transitional Justice Act is implemented in letter and spirit. They must ensure that the government is enforcing the legal framework. The country’s speaker and former president, Mohamed Nasheed, escaped an assassination attempt that speaks volumes of the country’s unstable political environment.

The government must guarantee that the Act will be enforced through systematic institutional security and funding. If this is not undertaken, the survivors and the victims will continue to fall into oblivion without being served with justice.

Another historic step taken by the government of the Maldives was to appoint three ombudspersons. This was done soon after the Transitional Justice Act was passed. President Ibrahim Mohamed Solih approved these appointments to establish the Office of the Ombudsman for Transitional Justice. The ombudspersons indeed have a challenge ahead of them. They need to work on redressing atrocities done by the state from January 1, 1953, to November 17, 2018. They would hold current and former public officials accountable for human rights violations. The legislation allows the transitional justice ombudspersons to perform criminal investigations and afterwards initiate prosecutions.

One of the key responsibilities of the OOTJ is to expose the truth about past atrocities, evaluating their causes and extent, and holding committers of abuses accountable. The OOTJ can re-open investigations previously investigated by various state agencies. This will be done especially if new evidence emerges that can change the decision. A Prosecutor General or Attorney General can also be assigned tasks by the OOTJ when needed if the case has many loose ends. The Persecutor General or Attorney General can conduct criminal and civil proceedings. They can also provide legal and non-legal remedies to the survivors and the victims.

Some view that the survivors may not feel contented if the perpetrators themselves are sitting at the helms of affairs. The survivors or the victims would not be willing to discuss the atrocities they faced in their presence. The Act also implies that the survivors are facilitated to resuming their social life. Moreover, the Act also assures that the reparations are not just monetary compensation. Rehabilitation and peacebuilding, therefore, are a part of the process along with conflict resolution that will ensure the survivors and the victims come out of the trauma and endeavor to live a peaceful life.

Furthermore, survivors who endured violence and persecution can apply for compensation. These include educational opportunities and services including housing, mental health, and healthcare. The ombudspersons can also explicitly legalize procedures for investigating and prosecuting those sitting in official offices. A brief overview of reports reveals that the current foreign minister, home minister, and youth minister were involved in the 2012 coup. They were also involved in the episode of controversial transfer of power to Mohamed Waheed Hassan. Analysts suggest that further scrutiny and investigations will reveal the involvement of more political leaders in the 2003 Maafushi prison shooting and the 2004 violent crackdown on the peaceful Black Friday protests. The Act affirms any impediment to the ombudspersons’ work a prosecutable crime.

The concerning legal authority must ensure that the ombudspersons do not face any such challenges when performing their duties. Indeed, the offenders will use their power and influence to create blockades. Hurdles of a greater magnitude include current government officials refusing to step down from office during investigations. It is the responsibility of the Maldivian government to ensure all legalities, processes, and procedures of the Transitional Justice Act are undertaken, approved, and implemented within due course of time. It must work with sincerity to identify and accept past atrocities. It would also need to provide comfort to the survivors and victims that a reliable and inclusive reparations system will be implemented.

The people of the Maldives – especially those who are survivors or victims of the atrocities (e. g. Rilwan Ahmed) – will be curious to know if the reparations system will be effective. If the perpetrators with an influence over the system continue to live their lives without being held accountable, the people may not find the legal system credible. The Transitional Justice Act will then be just a law signed on paper with no significance in society. A holistic strategy must be pursued by the ombudspersons, the law enforcing apparatus, and those working in the legal framework to provide justice and hold anyone accountable for their crimes, irrespective of their current job or social status.