LocationsSUMMARY
In the context of ongoing governance reforms and a progressive justice and legal sector agenda in the Maldives, the need for tailored and targeted support to sustain these gains, is critical. While promising progress has been made, effective, efficient and accountable delivery of justice still faces considerable challenges. At the same time, democratic development milestones are hindered and at-risk of regression due to vulnerability to corruption, limited institutional capacities and increasing citizen disillusionment in systems of governance.
This project, funded by the European Union (EU) in alignment with the EU Action Document for Strengthening the Rule of Law and Anti-Corruption in the Maldives, has as its overall objective, the strengthening the rule of law and reducing corruption in the Maldives. This Objective is to be achieved through the following Specific Objectives or Outcomes.
1. Supporting the country in developing an effective, accountable and inclusive justice system, and;
2. Strengthening anti-corruption efforts through better legal frameworks, institutional capacity and public perception.
BACKGROUND
From the period of democratic reforms in early 2000s to the present day, the Maldivian political and economic systems, institutions, and society at large have evolved in parallel with rapid changes in many areas, and in the face of significant internal and external stressors. Significant progress has nevertheless been made, with democratic institutions emerging within the framework of the new constitution, which established a multi-party system based on the separation of powers.
Persistent challenges remain; one of the most prominent of which has been the inequal access to public services, including services pertaining to the legal and justice system.
The country’s socio-political and development path has highlighted the critical need for upholding the rule of law and fair administration of justice. By and large, the perception of the public has been that state institutions, especially that of the judiciary, are compromised due to heightened corruption and politicization.2 Corruption is an underlying problem which affects the country’s ability to achieve the SDGs, with the Maldives ranked 93 out of 180 in 2023 in the Transparency International’s Corruption Perceptions Index.
Related to the judiciary in particular, a key challenge is ensuring an independent judiciary and justice sector. Risks for justice and rule of law include a history of institutional instability and a culture of judicial impunity. This is underscored by inaccessible continuous education for judges, lack of institutionalized legal protection and legal aid mechanism for the most vulnerable, obstacles to gender justice, and weak technical and infrastructural capacities to facilitate judicial services across the country. As was evident in the Rights Side of Life Survey III that was conducted by HRCM & UNDP in 20191, there is very low level of public confidence in the justice sector of the Maldives.
Growing gender inequality, increasing unemployment rates among women and increasing signs of negative attitudes towards gender equality, and the challenges for women in accessing justice are serious areas of concern. Ministry of Social and Family Development statistics show reporting of gender-based violence (GBV) has improved, albeit with fluctuations, with an average of 37 cases reported per month8. In contrast, their 2018 human rights study showed that 34.69% of respondents were disappointed with the performance of institutions in response to such issues, while 29.25% reported satisfaction and 17.6 % were pleased with the institutions handling domestic violence cases.
PROJECT OUTCOMES
Outcome 1: Support the Maldives in developing an effective, accountable and inclusive justice system:
Output 1.1: Improved laws and institutional capacity of the justice sector in line with international standards
Output 1.2: Increased access to justice services across the atolls.
Output 1.3: More efficient and accessible legal aid and legal assistance, in particular for disadvantaged population groups
Output 1.4: Better access to justice for women through increased gender awareness and sensitivity in the sector, as well as enhanced laws, protection mechanisms and support services for Gender-based Violence (GBV) and domestic abuse survivors
Outcome 2: Strengthen anti-corruption efforts through better legal framework, institutional capacity and public perception;
Output 2.1: Improved legal framework to combat corruption
Output 2.2: Strengthened capacity of oversight institutions such as the Anti-Corruption Commission and the Information Commission to carry out their mandate efficiently
Output 2.3: Enhanced awareness, demand and capacity of the population, civil society and the media to hold public institutions and officials accountable.
GEWE / GESI COMPONENT
Inline with the context in which the project is set, the AIM project focuses strongly on increasing access to justice for women and enhancing protection mechanisms and support services for survivors of gender based violence and domestic violence. There are two dedicated outputs focused on these areas:
Output 1.3: More efficient and accessible legal aid and legal assistance, in particular for disadvantaged population groups
Activity 1.3.1 Support towards establishing legal and policy frameworks for effective provision of legal aid and legal assistance
Activity 1.3.2 Enhance capacities of the the Bar Council of Maldives and CSOs for effective provision of Legal assistance to disadvantaged groups
Output 1.4: Better access to justice for women through increased gender awareness and sensitivity in the sector, as well as enhanced laws, protection mechanisms and support services for GBV and domestic abuse survivors
Activity 1.4.1 Explore options to improve existing laws, policies and regulations as regards access to justice for GBV/domestic violence survivors
Activity 1.4.2 Design and roll-out a comprehensive gender sensitization and training programme for all public actors involved in access to justice for GBV/domestic violence survivors
Activity 1.4.3 Support policy advocacy and public awareness on enhancing access to justice for women and girls
Activity 1.4.4 Strengthen protection mechanisms and legal support services for survivors of Domestic Violence and GBV.
UNDP will continue to incorporate skills and knowledge transfer at an institutional level to ensure that staff of national institutions and individuals and CSOs, especially at the local level, acquire the skills and knowledge of the practical aspects of the proposed areas. This capacity-building approach has been used by UNDP in the past and has proven to be effective and withstand the test of the changing socio-political climate of Maldives. This will ensure that the learned skills and observed practices are adopted and adapted to the national context for long-term impact. The project interventions were developed in close partnership with the relevant state institutions such as the Attorney General’s Office, Judicial Service Commission, Department of Judicial Administration, Ministry of Social and Family Development, Family Protection Authority, Bar Council of Maldives, Anti-Corruption Commission and Information Commissioner Office. In addition to these partners being involved in the project design stage, they are also responsible implementing partners of these interventions. Continuous engagement and collective learning ensure that the project results are linked to broader national development priorities, and leads to systemic institutional level change by means of integrating processes and standards so that project outcomes are long-lasting beyond the project cycle.
