COMMITTEE ON RIGHTS OF CHILD TAKES UP REPORT OF MALDIVES

HR/CRC/98/29
28 May 1998

The Committee on the Rights of the Child this afternoon started reviewing a report from the Maldives.

Rashida Yoosuf, Minister of Women's Affairs and Social Welfare of the Maldives, said the Government recognized that children's health, education and quality of life were essential to the country's overall development.

Ms. Yoosuf said that while significant achievements had been made in the last seven years in relation to developing protection rights of children in the country, further improvements could and must be made. Among other priorities, she said, there was a need to advocate changes in family formation through legislation and awareness-raising, and to universalize school completion to improve the prospects for employment of school leavers.

As one of the 191 States parties to the Convention on the Rights of the Child, the Maldives must submit periodic reports to the Committee on how it implements the provisions of the treaty.

The Committee resumes its work at 10 a.m. Friday, 29 May, to continue its consideration of the report of the Maldives. High Commissioner for Human Rights Mary Robinson is scheduled to address the morning meeting.

Report of Maldives

The report (document CRC/C/8/Add.33) states that the country has made considerable progress in enhancing the situation of children and women, particularly in child survival and basic education. All attempts are being made to improve the condition and status of the girl child, to reduce maternal mortality, to ensure safe motherhood, and to provide quality early childhood development, primary education, nutrition and access to safe water and sanitation.

The report says the 1991 Law on the Protection of the Rights of the Child is the main legal document on children's rights and is the framework on which the implementation of the Convention is based. A special Unit for the Rights of the Child was established at the Ministry of Home Affairs in 1992 and deals with all issues related to children's rights, their publicity, promotion and implementation.

According to the report, the age of attainment of adulthood is 21 years, and any person below the age of 16 years is considered a child. Children under the age of 16 cannot give testimony in court, and a person under 15 years is not criminally responsible except for murder, use and trafficking of drugs, major theft and fornication or religious offenses. The law prohibits any child below 16 years of age from being employed for gain.

The Maldives has also provided a supplementary report (document CRC/C/8/Add. 37) which gives an update on the implementation of the Convention.

Introduction of Report

RASHIDA YOOSUF, Minister of Women's Affairs and Social Welfare of the Maldives, said the number of children in her country was likely to grow from 114,900 in 1995 to 172,000 in 2020. Existing resources needed for the welfare and development of children were currently stretched, and new approaches and methods would need to be found and applied to further improve the circumstances of children. The Government recognized that children's health, education and quality of life were essential to the country's overall development.

Ms. Yoosuf said a Law on the Protection of the Rights of the Child had been passed in 1991. The National Council for the Protection of the Rights of the Child monitored the goals established in the national plan of action for children. In addition, in 1992, a Unit for the Rights of the Child had been established to support the activities of the Council.

The Maldives was preparing significant amendments to the law in respect of juvenile justice and other related matters, she continued. Special divisions of the courts had been established to address family law and offenses committed by juveniles. The Government was also developing an appropriate range of welfare and rehabilitation institutions to address the needs of child offenders. The Unit also offered counselling services for children in especially difficult circumstances and for their families. These difficulties include delinquency, drug abuse school problems, family
problems, sexual and physical abuse, neglect and abandonment.

Ms. Yoosuf said that while significant achievements had been made in the last seven years in relation to developing protection rights of children, further improvements could and must be made. Among other priorities, there was a need to advocate changes in family formation through legislation and awareness-raising, and to universalize school completion to improve the prospects for employment of school leavers.

Discussion

Committee experts asked the delegation how the changes in the economy of the Maldives would affect the financing of programmes for children, including in the areas of education and health. How had the report been prepared, and had non-governmental organizations (NGOs) participated in the process? Were there any contradictions between the Convention and domestic law, and if so, which prevailed? How was the best interest of the child reflected in Maldivian legislation? Did putting the responsibility of children with the Ministry for Women reflect certain attitudes in the society that the rights of children were women's business? What was the relationship between the National Council for the Protection of the Rights of the Child and the Unit for the Rights of the Child?

A Committee expert asked how many languages were spoken in the Maldives, and whether the Convention had been translated into the local language. If there were not many educated people in the Maldives, as reports put it, how was knowledge on the Convention disseminated and who was responsible for that? Traditional societies were sometimes very conservative and found it difficult to consider the rights of children: Was this the situation in the Maldives? Was there a mechanism to monitor the implementation of the National Programme of Action? How did the Government deal with the problem of logistics and coordination between the 199 islands. The Maldives was not a State party to the International Covenant on Economic, Social and Cultural Rights: Was it considering ratification since these were among the most basic of human rights?

Committee experts said the Maldives defined a child as any person under the age of 16, but then it said it tried to discourage early marriages. Sixteen was already early. And if adulthood was attained at the age of 21, what was the status of persons aged between 16 and 21? Why was there no specific legislation which prohibited discrimination based on race or ethnicity? It was understood that many parents curtailed their daughters' education after primary school because they did not want them to leave their islands to go to secondary school far from home: What was being done about this? According to the report, the traditional role of the woman was as wife and mother.

There was an important connection between the Convention and the right of the child to be heard, said an expert. It was important that the child's views be taken into consideration. Were there any programmes to promote the development of the girl child? The empowerment of the girl child was very important.

Committee experts also requested more information about the legal age of compulsory education; the minimum age for work; the minimum age for criminal responsibility; the minimum age for conscription in the army; registration of newborns, and discrimination against girl children working at home.

AISHATH SHIHAM, Assistant Director at the Ministry of Women's Affairs and Social Welfare of the Maldives, said that although there had been a decrease in external funding received in her country, the Government had increased the national budget for social welfare, health and education to the maximum extent available. The report to the Committee was prepared in cooperation with the various ministries in the Maldives. There were very few NGOs in the Maldives; the two main NGO bodies were involved in health education and advancement of women.

Even before the ratification of the Convention, the principle of the best interest of the child had been observed through domestic laws in issues such as custody, she continued. Work had been carried out to harmonize the domestic laws with the Convention; the treaty could not be invoked directly in court.

The delegation said the Government was considering ratifying the International Covenant on Economic, Social and Cultural Rights.

The fact that there were 199 islands in the Maldives with children on each of them was a constraint which the Government constantly faced, the delegation said. Communication with the islands was difficult, and most of the time, the weather could cause problems. All of the islands had telephone communications. There was a huge disparity between the islands because of access, but the Government was trying to decentralize the country. Now, each island had a school and a health clinic which were not at the same standard as those in the capital but according to available resources. A group of people on each island at policy level was trained on the Convention and other relevant legislation affecting children.

The delegation said the Convention had been translated into the national language, Dhivehi, which everyone spoke. Although the Maldives had few university graduates, the literacy rate was more than 90 per cent, so its people were in a position to know about the Convention. There were also regular radio programmes that disseminated information on the treaty.

Corporal punishment was illegal in the Maldives, continued the delegation. The children of the Maldives were happy and knew their rights, although older people sometimes grumbled about that.

The delegation said the laws of the Maldives were based on the Islamic Sharia, which stated that the girl could be married after she attained physical maturity. The Government felt that 14 years, or even 15, was too low an age for marriage, and thus it had set the minimum age at 16. The Maldives had a very large population of young people, and if the definition of the child was changed to encompass those under 18 or 20 years, then a very large part of the population would be considered as children. Girls were not discriminated against; rather, it was the circumstances that worked against them. Parents did not want their girls to leave their homes early to seek secondary education or work. Therefore, marriage was usually the only option available. However, the Government was trying to increase educational facilities on all islands.

Concerning monitoring mechanisms, the delegation said the islands were such small places that any incidents were found out very soon. The reporting of sexual or any other kind of abuse to authorities was mandatory. Children had not been taught about paedophile activities because all videos depicting such activities were censored before they entered the country. However, with the introduction of the Internet, the Government might consider the need for such education.

The delegation said traditional birth attendants were supposed to hand over birth registration forms to new parents. If the form was not handed over within seven days, a small fine was stipulated which increased with time. Any time a child went for immunization or to be weighed, the registration form was requested, which meant children were usually registered.