Towards Human Rights Due Diligence: A Review of the Legal Framework and Compliance Mechanisms for Corporate Human Rights Responsibilities in the Maldives

Abstract

The Constitution of the Maldives devotes a separate chapter setting out the fundamental human rights and freedoms. The Maldives is also a signatory to six of the eight core international human rights treaties that recognises fundamental human rights and outlines the responsibility of the state to respect, protect and fulfill those rights. The Constitution also mandates the state to take measures to prevent human rights violations perpetrated by non-state actors. Despite these safeguards, human rights abuses committed by business corporations remains a common occurrence in the country, and the institutional structures to address such abuses continue to be weak. The purpose of this research is to analyse the current legal framework of the Maldives to identify human rights obligations, such as the human rights due diligence (HRDD) mechanisms placed on business corporations. Using a doctrinal approach, we reviewed legal texts including applicable legislations and judicial decisions, and critically analysed them by comparing to international human rights standards. The analysis concludes that the current legal framework of the Maldives addressing human rights dimensions of corporate action comply with the global minimum standards, albeit with some significant gaps. Some of these laws contain provisions for HRDD mechanisms that need further strengthening through additional legal reforms and strong policy directions. This paper brings to light several weaknesses of the current legal framework in terms of having an HRDD mechanism to address, prevent, and remedy human rights violations caused by business conduct. Based on the findings of the legal framework analysis, this paper recommends that a state-initiated business and human rights national framework, such as a National Action Plan for Business and Human Rights (NAP-BHR), would strengthen the existing protection mechanisms for human rights and help address corporate abuses of human rights in the Maldives.