Governance update: Legislative gaps

This governance update intends to highlight the problematic issues arising from the existence of serious gaps in the Maldivian legislative framework. The aforementioned gaps chiefly refer to the lack of procedural legislation that would serve as a guide to all relevant officials with regard to the technical and administrative substance of dispensing justice, whilst also delineating the rights that any person accused of a crime is to be entitled to.

At the time that this governance update is being written there is currently no Criminal Procedure Code, Civil Procedure Code or an up to date Evidence Act in operation in the Maldives. As will be expounded in the following sections, the existence of these gaps are severely problematic as it leaves proper procedure to be interpreted at the discretion of individual judges, leaving considerable scope for inconsistency in how justice is applied.

This update will focus separately on each of the above mentioned elements and, after explaining what each of these are, provide some detail with regard to why the lack of each has a detrimental impact on the quality of justice available in Maldives. It is hoped that this update can shine a light on why ameliorating this issue should be treated as a matter of urgency in terms of strengthening the efficiency and integrity of the Maldivian justice system.

Read the governance update on Legislative gaps