Submitted by Louise on
Maldives - Twenty-second session - 2015
6 May 2015 - 14.30 p.m. - 18.00 p.m
Scroll to:
National Report
IV. Follow-up to the previous review, achievements and challenges
A. Economic, social and cultural rights
1. Education
Recommendation: 33, 44, 65, 86,110,111,112,113
25. The Maldives has an illustrious history of providing free education for all children without discrimination on the basis of gender, class, etc. Unlike most developing countries, the Maldives offers free education, up to higher secondary level: the constitutionally obliged level of education as a matter of right for all therein.1 All children below the age of 16 are given free textbooks, exercise books, and stationary, regardless of their socio-economic background, and all local and international exams are administered free for all students.
26. In order to further enhance and develop the education system, and to continue applying programmes and measures to guarantee the enjoyment of the right to education, the Education Bill was drafted and submitted to Parliament in August 2014 and the Government is currently in the process of formulating the Higher Education Bill as well, intending to submit it to Parliament later this year.
27. There is continuous emphasis on improving the quality of education being provided, and in that regard, training and capacity building of education providers is a continuing effort. A Professional Standards for Teachers and Principals is being applied in schools to monitor and improve the quality of teachers and administrators. Standards for monitoring of pre-schools under the Pre-School Act are underway. The Government works with international partners, such as UNICEF, in developing capacity on Special Needs Education, development of standards for “child-friendly” schools that are safe for children and provide an environment that caters effectively for the child’s learning, and monitoring and research of the existing school system.
28. The Government implements a policy of “No Child Left Behind”, to ensure that every child’s productive capacity is fully realised and the different needs of students and schools across the country are catered for, and important initiatives, such as the Technical Vocational Education and Training (TVET) initiative, which is an apprenticeship programme to introduce students to the workplace, have been introduced.
29. Providing equal access to all children has been a continuous challenge due to the geographical nature of the country. For islands with extremely small populations, additional measures are taken to ensure that children have access: some islands are connected by ferry service so that students can attend schools in nearby islands, or they are provided monthly allowances for boarding purposes.
30. Importantly, training and capacity building is carried out to improve access for children with special education needs. The Government has catered for classes for the hearing and speech impaired, since 1985. A Braille Centre has been established with all required equipment and the Centre has begun classes in 2013. Moreover, five specialised early intervention centres have been established across the country and eighty specialised Special Education Needs (SEN) units have been planned in mainstream schools within the next five years. These initiatives further the case of “No Child Left Behind”, with special attention given to building productive, respectful, and responsible future citizens, regardless of socio-economic class, physical ability, or gender.
31. With the aim of instilling tolerance and respect for human rights values, the current curriculum that is implemented in all public schools has incorporated civic education, life skills and human rights. The HRCM also conducts activities on human rights education promotion in schools, such as Human Rights clubs, essay and quiz competitions, and theatre festivals. Additionally, in partnership with local NGOs, the Ministry of Education also promotes Sustainable Environmental Practises among students, such as making schools “plastic bag” free and setting up environmental clubs.
C. Rights of vulnerable groups
Recommendation: 116, 117, 118
2. Children
Recommendation: 22, 27, 28, 48, 70, 72, 73, 74, 75, 76, 85, 86
79. The Maldives has taken significant steps to strengthen child rights and the national child protection system. Following a mapping exercise to identify gaps in the legal framework governing child rights, a new Child Rights Bill has been drafted to improve and modernise the current Child Rights Act of 1991 This new Act is designed to bring the child protection system in line with the Maldives’ obligations under the CRC.
80. Several new laws have further reinforced the protection mechanism against abuse of children. These include the Domestic Violence Prevention Act, and the Anti-Human Trafficking Act. Further, the Juvenile Justice Bill intended to be submitted to the Parliament this year would establish a juvenile justice and welfare system. Additionally, the Ministry of Law and Gender is currently conducting a consolidation exercise, reviewing all child rights and protection related legislations and regulations, with a view to modernising, harmonising as well as facilitating better enforcement.
81. Challenges remain in ensuring the rights of the child, as highlighted through the high profile flogging case against a minor in 2013. The flogging case was appealed by the accused with assistance from the State, and the High Court overturned the verdict of the Juvenile Court, setting precedence for matters related to criminal offences and sexual abuse of children. The child is now being rehabilitated into society, provided education, under State care, as all other children in conflict with the law.
82. Initiatives were also undertaken to create awareness around child abuse and its prevention. Several capacity building programmes were conducted by the Juvenile Justice Unit (JJU) of the Ministry of Home Affairs in collaboration with UNICEF, to train law enforcement officials, judges, magistrates and social workers on justice for children, and media personnel on the CRC and ethical reporting of children in the media. A code of ethics and reporting guideline was also developed for the media.
83. Additionally, the Maldives Child Protection Database was updated and expanded to two more atolls. Assessments were conducted, in collaboration with HRCM, to collect data on child participation and representation across various sectors, and guidelines were developed to facilitate the participation of children in matters affecting them. Standard operating procedures in interagency case referrals were revised to enhance coordination among the concerned agencies.
84. Initiatives to protect and promote the rights of children include capacity building, in responding to, and investigating cases of, child abuse and gender based violence. The Maldives also participated in the regional initiative named South Asian Initiative to End Violence Against Children (SAIEVAC), which established partnerships between civil society, government and regional bodies.
85. Children are ensured access to education, without restrictions on entry and re-entry under the age of eighteen. The Maldives has enacted safeguards against child marriages, especially of the girl-child, including a strict floor of 18 years for marriage, and explicit parental consent and counselling in other circumstances. According to the Family Court and the Registrar of Marriages, 23 minors contracted legal marriages in 2012, followed by 14 minors in 2013 and 16 minors in 2014. However the Family Court confirms that all such minors had been seventeen years of age, and were calculated to be eighteen following the Muslim (lunar) calendar. Efforts are also being made to collect data on unregistered marriages including child-unregistered marriages in the Maldives.
3. Persons with disabilities Recommendation: 30, 49, 124
89. The Government recognises that this is an area that requires further strengthening. In that regard welcomed the HRCM’s launch of a National Inquiry on Access to Education for Children with Disabilities, the findings of which are being compiled currently.
V. Structural issues and emerging challenges
B. Religious issues
Recommendation: 91, 119
104. Attitudes towards public life of women have also been changing due to religious approaches taken by some. Child marriages outside of courts, female genital mutilation and circumcisions, refusal to immunise babies, and rising acceptance of violence have been reported. Marriages outside of court—which are illegal—means women, once divorced, cannot seek child support, or register their children. Non-vaccination excludes children from formal schooling.
105. The Government has strongly condemned the practises of under-aged or forced marriage, non-vaccination of infants, and deprivation of school enrolment of girls and children. The Government acknowledges these challenges exist, and is working with relevant authorities, including religious leaders, to present the true virtues of the religion and of the society.
Compilation on UN information
III. Implementation of international human rights obligations, taking into account applicable international humanitarian law
A. Equality and non-discrimination
15. UNFPA stated that, in recent years, there had been an increase of out-of-court marriages, particularly in religious conservative contexts. Children born from those unions were considered “illegitimate” and prevented from legally using the father’s name or inheriting property from the father, in accordance with the Maldivian interpretation of sharia law. Despite the Family Court announcement in 2014 that out-of-court marriages would not be registered, the practice continued. UNFPA recommended that Maldives: ensure equal rights for children, including inheritance, regardless of parents’ marital status; engage religious institutions to prevent underage and out-of-court marriages; and sensitize communities on disadvantages related to early marriage. HR Committee also recommended that Maldives ensure the right of women to inherit property on an equal footing with men.
B. Right to life, liberty and security of the person
25. HR Committee was concerned at the persistence of domestic violence. UNDP indicated that, while the law on Domestic Violence was ratified in 2012, the shelters required under the law were yet to be established. Family and Child Service Centres were unable to cater to the demand for safe shelter.
27. UNFPA stated that sex out of wedlock was an offence according to the Sexual Offences Act.63 UNFPA reported that criminalization of pregnancy out of wedlock included underage girls falling pregnant as a result of abuse, which led to expulsion from school. There had also been media reports of infanticide.
29. Reporting that in 2014, the Vice-President of Fiqh Academy called for female genital mutilation (FGM), while the former Maldivian Vice-President Dr. Waheed had previously expressed concern about FGM, UNFPA recommended that Maldives continue to inform about the implications of FGM, including as a violation of women’s right to physical integrity, health and security; and establish explicit legal protection against FGM.
G. Right to education
52. UNESCO recommended that Maldives adopt specific measures to further promote inclusive education.
Stakeholders' information
C. Implementation of international human rights obligations, taking into account applicable international humanitarian law
1. Equality and non-discrimination
19. HRCM indicated that children born out of wedlock faced discrimination and as paternity testing was not admissible evidence in court such children would be denied father’s name, inheritance and child maintenance.
2. Right to life, liberty and security of the person
21. AI indicated that Maldives had only accepted to commit to maintaining a moratorium on the death penalty and that limited commitment now appeared to be jeopardized. Child Rights International Network (CRIN) reported that the new Penal Code adopted in 2014 still allowed for children to be sentenced to death for certain crimes.
27. Global Initiative to End All Corporal Punishment of Children urged Maldives to use the opportunities presented by current law reforms, including the children’s bill, to prohibit all forms of corporal punishment in all settings, including the home and as a criminal sentence.
29. HRCM reported that inappropriate disciplinary measures against children persisted in most institutions sheltering juveniles. ARC recommended that Maldives promptly approve and implement the National Minimum Standard Guidelines and Standard Operational Procedures for children’s shelters to ensure that decisions are based on the best interests of the children.
31. HRCM reported that violence against children took place in all settings. Only a small proportion of reported child abuse victims get justice due to systemic failures and challenges, including delays in obtaining evidence. CHRI alleged that survivors of sexual abuse, accused of fornication (a Hadd offence), were sentenced to flogging. MDN referred to reports of increasing: numbers of child marriages, refusal by parents to immunise children, female genital mutilation (FGM), and the growing number of girls being withdrawn from schools. JS1 expressed particular concern that FGM was encouraged and promoted in a statement of the Vice-President of the Fiqh Academy.
32. ARC recommended that the Maldives: complete the enactment of the draft child protection act in line with CRC, by including provisions to counter child, early and forced marriage;73 and repeal Article 14 of the Child Sex Abuse Offenders (Special Provisions) Act, which allegedly perpetuated and exacerbated child, early and forced marriage.
3. Administration of justice, including impunity, and the rule of law
42. CRIN recommended that Maldives: explicitly prohibit and enforce prohibitions on capital punishment, life imprisonment and corporal punishment for persons under 18 years of age, under all systems of justice and without exception to ensure full compliance with international standards; and provide disaggregated data about sentences handed down to children by offence committed and date, as well as information about children in detention, including gender, age and length of time spent in pre-trial detention in each case.
9. Right to education
67. HRCM reported that there were disparities in availability of educational services and opportunities for vocational training remained low. An effective system to improve teachers’ performance needed to be in place. Many schools neglected to provide additional support for low performers. Lack of financial support to pursue higher education was a challenge. Right to education was not provided for children in conflict with the law, in pre- trial detention and in prison. HRCM recommended that Maldives enact the Education bill; eradicate disparities in educational services; and progressively improve the quality of education.
Recommendations
II. Conclusions and recommendations
141. The recommendations formulated during the interactive dialogue and listed below have been examined by Maldives and enjoy its support:
141.21 Further promote and protect the rights of vulnerable groups of the population, including children, persons with disabilities, women and older persons (Russian Federation
141.22 Ratify the Convention on the Rights of the Child (Madagascar);
141.23 Continue promoting and protecting the rights of children (Oman);
141.24 Consolidate measures taken to protect and promote the rights of children (Equatorial Guinea);
141.25 Further strengthen the child rights protection system by bringing the national legislation in line with the provisions of the Convention on the Rights of the Child (Kazakhstan);
141.26 Complete the adoption of the new children’s act in line with the obligations of Maldives under the Convention on the Rights of the Child (Qatar);
141.27 Complete the enactment of the draft child protection act and incorporate in the act provisions to counter child, early and forced marriage (Republic of Moldova);
141.28 Enact the draft child protection act and ensure its compatibility with the respective obligations under the Convention on the Rights of the Child, and strengthen cooperation with relevant national stakeholders in the area of eliminating child abuse and victims’ rehabilitation (Egypt);
141.29 Complete the enactment of the draft child protection act (Jordan); 141.30 Complete the process of adoption of the child protection act (Lebanon);
141.31 Complete the enactment of the draft child protection act in line with the Convention on the Rights of the Child by including provisions to counter child, early and forced marriage (Latvia);
141.32 Strengthen efforts to eliminate out-of-court as well as child marriages (Turkey);
141.33 Allocate sufficient resources for the implementation of the national action plan towards the well-being of the Maldivian child 2001–2010 (Timor- Leste);
141.34 Establish gender equality legislation to better protect the rights of women and girls (Sierra Leone);
141.61 Continue deploying efforts aimed at preventing and punishing all forms of violence against women and girls and further consolidate female representation in executive and decision-making positions (Peru);
141.63 Continue strengthening plans and programmes with a view to eradicating domestic violence, especially against women, girls and boys (Chile);
141.64 Strengthen its Domestic Violence Prevention Act with a view to ending domestic and sexual violence against women and children (Nigeria);
141.66 Expeditiously implement the Anti-Human Trafficking Act and provide facilities and necessary assistance to the victims, in particular women and children (Sri Lanka);
141.109 Enact the education bill as soon as possible (Seychelles);
141.110 Enact the education bill, further enhance and develop the education system and intensify efforts to improve access to education for students from low-income families (State of Palestine);
141.111 Continue its efforts to provide free education for all (Saudi Arabia)
141.112 Take additional steps to improve the quality of local education, including through improving teachers’ performance and providing additional support for academically challenged students (Thailand);
141.121 Improve access to education for persons with disabilities (Jordan);
143. The following recommendations will be examined by Maldives, which will provide responses in due time, but no later than at the thirtieth session of the Human Rights Council, to be held from 14 September to 2 October 2015:
143.13 Ratify the Optional Protocol to the Convention on the Rights of the Child on a communications procedure (Algeria);
143.18 Ratify the Convention against Discrimination in Education (Algeria);
143.25 Withdraw reservations to the Convention on the Elimination of All Forms of Discrimination against Women, the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child (Slovenia);
143.72 Promote the empowerment of women and girls and prevent the promotion of discrimination against women including through speech and sermons (Croatia);
144.14 Ensure that the death penalty is not applied to persons below the age of 18 years, in conformity with the Convention on the Rights of the Child, ratified by Maldives (France).