COMMITTEE ON RIGHTS OF CHILD CONCLUDES CONSIDERATION OF REPORT OF THE MALDIVES

HR/CRC/98/31
29 May 1998

Experts Recommend Research of Multiple Marriages and Divorces which Affect Children

The Maldives should research the impact of multiple marriages and divorces, phenomena which could badly affect children, the Committee on the Rights of the Child said this afternoon.

The Committee's call was part of a series of preliminary observations and recommendations issued following the review of a report by that country on how it gives effect to the Convention on the Rights of the Child. The Committee wished the Maldives success with its new family law, which it called basic for the development of a different strategy to approach the 'multiple-divorce' situation. Counselling before and during marriage could be provided by the Government to reduce the current rate of divorce, experts said.

On other issues, the Committee's experts said they were impressed by how the Maldives handled the problems of sexual tourism and drug abuse. The Government was urged to increase cooperation with United Nations organizations to meet the targets of the national programme of action for children. The experts also said there was a need to stress the training of girls, since they seemed to be overprotected.

The Committee will issue its final observations and recommendations on the report of the Maldives at the end of its current session on 5 June. At its next public meeting, on Tuesday, 2 June at 10 a.m., the Committee will take up a report from Luxembourg.

Preliminary Observations and Recommendations

Among other things, the Committee wished the Maldives success with the new family law which was basic for the development of a different strategy to approach the multi-divorce situation which did not always affect children in a good way. The Committee also wished the country success in developing a good way of handling children who needed special support.

Committee experts hoped that the Maldives would consider ratifying the International Labour Office Convention on the minimum working age; the minimum working age of 15 in the Maldives was too low, especially for those in the tourist sector.

The report was a bit vague and lacked information about real life, although it was frank and acknowledged problems, experts said. The presence of the delegation and the written answers had also contributed to the Committee's understanding of the situation. The Government was urged to increase cooperation with United Nations organizations to meet the targets of the national programme of action for children. It should also consider ratification of the International Covenant on Civil, Political and Cultural Rights.

Committee experts urged that breastfeeding be further encouraged. There was a need for better distribution of education services, even taking into consideration difficulties because of the unique geographic situation of the Maldives. It was hoped that the new family law would respect the basic principles of the Convention and take into account the best interest of the child.

A Committee expert expressed concern that the spirit of the Convention was not reflected in Maldivian legislation. There was concern about children between the ages of 16 and 18. There was also a need to emphasize the general principles of the Convention to the extent of the maximum available resources. Legislation for special procedures should also be speeded up.

It was hoped that the dialogue with the Committee would serve as a basis to enhance efforts to promote children's rights. Committee experts were impressed by how the Maldives handled the problems of sexual tourism and drug abuse. They had the greatest confidence that the delegation would reflect to the Government the Committee's concerns and that fruitful results would follow in the best interest of children.

The Committee said there was a need to stress the dissemination of the Convention so that it would be well known. Preventive measures must also be strengthened, especially in the legislative field.

Discussion

Committee experts asked if the Government would consider giving children between the ages of 16 to 18 the special treatment of minors in order to follow the spirit of the Convention. More information was requested about house arrests and whether they were effective. Information was also needed on special courts for juvenile delinquents, the legal aid system and court proceedings involving minors.

Experts asked whether guest workers bring their families and children to the Maldives? If so, did the Government take responsibility to protect them from sexual abuse from tourists? legal records of juvenile delinquents remain on their papers after they finished rehabilitation? How was a child
under 16 convicted of murder punished?

In response to the questions, the delegation of the Maldives said the implementation of special procedures under the Law on the Protection of the Rights of Children had taken a long time. This was partly because it had to go through different procedures; the special procedures were in the final stage of being adopted. The special procedures talked of establishing facilities and services for children, but the Government was still not able to establish them.

If a child under 16 was put under house arrest, his parents had to take him to educational institutions and back every day, the officials said. If they were unable to, alternative arrangements were made. House arrest was a most effective way to contain children. If the child lived in a closed institution, parents were offered the opportunity to visit every Thursday and on weekends. Transportation facilities were also offered. Children did not leave this institution except at the request of the parents or in the company of an adult from the institution. The Education and Training Centre presently had 68 children, but had facilities for 100 children. The period of house arrest depended on the judge and the period a child had to spend in an institution depended on the progress the child was making.

Guest workers were not accompanied by their families. Children between the ages of 7 and 15 were tried in court for specific crimes but they were not sentenced according to adult law.

The criminal record of minors was closed and was not reflected in any official papers. The delegation said it was not sure there were any facilities of legal aid but it would check.

The delegation said its presence showed the country's commitment to promote and protect children's rights. There were constraints on the resources of the Maldives, and it was not an easy task to attend the Committee's sessions. But the delegation came because of the seriousness of the issue. The Committee's recommendations would be duly taken account of.