Government Proposes Bill Criminalising Genocide, Treason and Economic Sabotage

The government has proposed amendments to the Penal Code to criminalise genocide, treason and acts causing substantial damage to the national economy, with harsher penalties for senior state officials convicted of certain offences.

The government-sponsored bill, submitted to Parliament by Maafannu South MP Abdulla Rifau, seeks to introduce genocide as a specific criminal offence in accordance with the Convention on the Prevention and Punishment of the Crime of Genocide, to which the Maldives is a party.

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Under the proposed amendments, genocide would include killing members of a national, ethnic, racial or religious group, causing serious bodily or mental harm, deliberately imposing living conditions intended to bring about the group’s physical destruction, or forcibly transferring children from one group to another.

The offence would be classified as a Class 1 felony, carrying a baseline prison sentence of 10 years and a maximum sentence of 25 years.

The bill would also criminalise direct and public incitement to genocide. It specifies that defendants cannot justify such offences by claiming they acted under orders from a superior or that their actions were permitted under existing laws.

Under the proposed provisions, offences committed by individuals holding senior state positions, including the President, Cabinet ministers, MPs, judges and commanding officers of security services, would attract a Class 1 felony classification. In other circumstances, the offence would be classified as a Class 2 felony.

Treason and Economic Sabotage

The amendments also seek to criminalise treason, including intentionally waging war against the Maldives, participating with parties engaged in war against the country, or providing assistance to enemies of the state.

The bill defines enemies as foreign nationals who undertake actions against the independence and sovereignty of the Maldives, as well as Maldivians who participate in such activities.

Separately, the proposed legislation would make it a criminal offence to knowingly or recklessly engage in activities that cause substantial damage to the national economy.

These include damaging critical infrastructure or associated computer systems, disrupting essential services, obstructing facilities providing those services, or taking actions intended to halt major economic sectors that generate state revenue.

Economic sabotage committed by senior state or government officials would constitute a Class 2 felony, while offences committed by others would fall under Class 3.

Bill Follows Controversy Over Ras Malé Development

The proposed amendments come amid controversy surrounding the government’s commercial terms agreement with UAE-based Eagle Hills for the USD 20 billion Maldives Waterfront and Marina project in Ras Malé.

Political figures and activists have raised concerns that the development could allow Israeli nationals to acquire property in the area. However, Minister Dr Abdulla Muththalib has said measures would be introduced to prevent Israeli nationals and companies affiliated with Israel from purchasing property under the project.

The timing of the legislation has also prompted allegations that the proposed provisions could be used to restrict criticism of the Ras Malé development.

Attorney General Ahmed Usham rejected suggestions about the bill’s purpose, saying the Maldives had not fulfilled its obligations under the Genocide Convention despite acceding to it on 24 April 1984.

He said the proposed legislation was intended to address that obligation, particularly as the Maldives has supported international legal proceedings concerning allegations of genocide before the International Court of Justice.

The amendments remain under parliamentary consideration and would take effect only after parliamentary approval, presidential ratification and publication in the Government Gazette.