HIGH COMMISSIONER FOR HUMAN RIGHTS TELLS COMMITTEE CHILDREN ARE ONE OF HIGHEST PRIORITIES OF HER MANDATE

HR/CRC/98/30
29 May 1998

Committee on Rights of Child Continues Consideration of Report of Maldives

United Nations High Commissioner for Human Rights Mary Robinson told the Committee on the Rights of the Child this morning that children are one of the highest priorities of her mandate.

The High Commissioner said she was particularly concerned by the phenomenon of child trafficking and exploitation, and that she wanted to focus special attention on central and eastern Europe and the Cambodia, Thailand and Vietnam axis. Mrs. Robinson also said she shared the view of the Committee, which was already the view of a majority of Governments and other partners, that a clear limit of 18 years for all form of participation of children in hostilities, either direct or indirect, should be set.

Following Mrs. Robinson's address, the Committee resumed its review of a report from the Maldives. An official delegation told the panel in response to questions raised yesterday that in the country a child born out of wedlock was not punished, but his parents were. The unmarried mother was placed under house arrest for a year under the care of her guardians, and the father was banished to another inhabited island for a year, said the officials.

The delegation said the Government had definitely noticed that early marriage, multiple divorces and remarriage and maltreatment of children, as well as problems of juvenile delinquency, were linked.

Issues raised by Committee experts included the effects of repeated marriages and divorces on women; projects to prevent child abuse; the adoption system, and counselling and shelters for battered women.

The Committee resumes its meeting at 3 p.m. to conclude its consideration of the report of the Maldives.

Statement by the High Commissioner for Human Rights

MARY ROBINSON, United Nation High Commissioner for Human Rights, said children were one of the highest priorities of her mandate. Great importance was attached to the need, recognized by the 1993 World Conference on Human Rights, for increased cooperation among United Nations bodies active in the field of human rights and for a regular review and monitoring of the situation of children in accordance with their respective mandates. While there was room for improvement in the area of interaction between the treaty bodies on one hand and thematic and country procedures of the Commission on Human Rights on the other, there was a noticeable trend to better integrate and mainstream child rights into the special procedures. The Committee's interaction with a number of partners, including the United Nations Children's Fund (UNICEF) and the Non-Governmental
Organization (NGO) Group for the Rights of the Child, had become a model for other mechanisms.

Mrs. Robinson said she shared the view of the Committee, which was already the view of a majority of Governments and other partners, that a clear limit of 18 years for all form of participation of children in hostilities, either direct or indirect, should be set. National legislation should not be regarded as a obstacle to the elaboration of such new international norms. She was also particularly concerned by the phenomenon of child trafficking and exploitation and wanted to focus attention on central and eastern Europe and the Cambodia, Thailand and Vietnam axis. The full implementation of existing international norms, especially the Convention on the Rights of the Child, must remain a priority.

The High Commissioner said she was aware that in spite of the support provided through the Plan of Action, the Committee still faced difficulties in the performance of its task. The fact that the Committee met for twelve weeks annually, with a limited membership of 10 experts, had sometimes led to difficulties and required a special effort on the part of each individual member to ensure adequate functioning of the Committee. She would spare no effort to facilitate a rapid entry into force of the amendment increasing to 18 the membership of the Committee.

Discussion

In response to questions raised yesterday, a delegation from the Maldives said the Government conducted various awareness-raising programmes, including one on corporal punishment. Through radio and television broadcasts and pamphlets, the programme helped parents deal with their anger and frustration with their children in more constructive ways. Counselling services were also offered to parents.

Committee experts then asked how children born to unmarried parents were treated and supported. Were they equal to children born to married couples? What measures were being taken by the Government to reduce the very high rate of divorce -- 85 divorces for every 100 marriages in the 1970s -- which caused suffering for children and put them in unsettled positions? Had any study been carried out to look into the impact of divorce and remarriage


on the psychological and mental health of children? Were there any parental guidance courses or family counselling services available, especially for fathers, since they should be more involved in the rearing of their children? Were divorced women allowed to keep their children and was the view of the child taken into account in awarding custody?

More information was requested about projects to combat and prevent child abuse, including domestic violence. Had any study been conducted on the possible link between early marriages, the high rate of divorce and remarriage, maltreatment of children and problems of juvenile delinquency? the expert asked.

An expert said the Maldives was to be commended for its public-awareness campaign on child abuse, including sexual abuse; other Islamic countries were very closed about this issue. How had the Maldives overcome the taboo of talking about it? Were there shelters for battered women? Could the courts impose restraining orders on husbands?

Another expert asked about the situation of the girl child, as many of the Government's efforts seemed to be focused on boys.

In response to these and other questions, the delegation said children born out of wedlock were not treated any differently in the provision of education and health services. However, if the father refused paternity, the child did not inherit; that engendered difficult situations, and the Government was trying to work on this. The child born out of wedlock was not punished, but the unmarried parents were. The unmarried mother was placed under house arrest for a year under the care of her guardians, and the father was banished to another inhabited island for a year. House arrest meant a person was restrained within his or her home and could not go out except to medical facilities approved in advance.

The Government was planning to study and work on the high rate of divorce and remarriage, indicated the delegation. The mother usually looked after the children, even after remarrying; the extended family also helped. If a child was above seven after the divorce, his or her opinion was asked about which parent he or she wanted to stay with. There were sometimes difficulties concerning maintenance payments after divorce. With the high rate of divorce and remarriage, fathers sometimes said they could not afford to take care of more than one family. However, the Family Court ensured that fathers paid maintenance. Marriages were highly voluntary and there
were no arranged marriages.

The Government had definitely noticed a link between early marriage, the many divorces and frequent remarriage, maltreatment of children and problems of juvenile delinquency. However, no studies had been carried out on this.

Children of divorced parents face behavioural and emotional problems, the officials said. The authorities were preparing pamphlets and booklets for parents and children of divorced parents outlining the problems children were likely to face and what steps parents should take in response.

Referring to repeated remarriage, the delegation said sexual relations outside the marriage were not approved of. Thus, the only way for a couple to have a casual sexual relationship was to get married. When they realized their incompatibility, there was easy access to divorce. Because the islands had such small communities, there was great eagerness to maintain a degree of good relations with others, so divorces were amicable. Polygamy was accepted but not encouraged.

There was no legal adoption system, the delegation said. Orphaned children were cared for by extended family or friends. In cases where there was no one to take care of such a child, the Government offered financial assistance to families to look after him or her.

The delegation said that thanks to the increased awareness about child abuse created by the authorities, and because many people had confidence that the Government could provide solutions, there had been an increase in the number of reported cases. That did not necessarily mean a real increase in the number of cases of child abuse. That was only an assumption, since no study had been carried out.

There were programmes to prevent sexual abuse, the delegation continued. Also, family counselling was offered for various problems. After gaining the confidence of people, it was easy for the authorities to go into communities and talk about anything, including sexual abuse. At the beginning, this issue was broached in as non-threatening a way as possible. In many cases, when children went to school, they found it easier to tell teachers about abuses.

Before the Government had begun offering counselling, there had been a system whereby structures within the extended family or the community provided counselling. Usually, the Government tried to incorporate these structures into formal counselling services as much as possible. Family counselling, especially for couples getting divorced, was not mandatory.

There was an institution for boys in trouble, but none for girls, the officials said. There had been cases of girls having difficulties at home, and the Government had to offer them and their families opportunities of help. Plans were being drawn up for a separate institution for girls.

The delegation said the girl child was very protected in the Maldives. That was why they could not go to other islands for education or work. This could be referred to as discrimination because they did not have as much freedom as boys.

The delegation said there were no shelters for battered women. However, if authorities received reports of such abuse, they dealt with it accordingly. Very few women reported such cases, and even those who did usually withdrew them. What the Government was trying to do was help women realize they had the right to report battering. There had been cases where restraining orders had been imposed.

Children had been brought before juvenile court for adultery and had been given sentences, said the delegation. Such children were put under the care of their parents.

The Maldives presently had four cases of children who had been placed into alternate care. They were the children of mothers with mental diseases who had been taken advantage of. It was very hard to find foster parents, which was why the Government thought of building an institution or orphanage, although that was not its first choice.

Concerning malnutrition, the delegation said the Government had prepared a national plan of action on proper nourishment. There had been cases of children going to school without breakfast, and of teenagers fainting for lack of nourishment. The Government carried out an awareness-raising campaign to inform parents on how to prepare food and what to feed their children. Stunting was major problem; part of the problem stemmed for the fact that there had been a sudden surge in the import of tinned goods, which Maldivians preferred to vegetables. The increase in saline water also affected production of vegetables.

With regards to the impact of the tourism industry, the delegation said tourists arrived at the international airport on an uninhabited island before going on to islands which were not populated by native Maldivians. When tourists visited the capital, they were on short sightseeing trips and had guides with them. Tourists who wanted to stay in other islands needed special permission and had to be accompanied. This all meant that tourists did not often come into contact with the native population. The drugs problem was huge in the Maldives, but tourists would not be solely be blamed for this. There was no legislation on tourists and sexual abuse because there had been no cases of tourists sexually abusing Maldivian children.

On the issue of health, the delegation said the National AIDS Council had been formed in 1991. To date there were only eight HIV/AIDS-positive people, and no children were among them. This did not mean that the Government was complacent about the issue. Billboards and regular radio and television programmes warned of AIDS and how it could be transmitted. There were also mandatory HIV/AIDS tests for all incoming workers and all returning Maldivian seamen and students.

There was no discriminatory legislation against persons and children with disabilities, and there were special programmes for them, said the delegation. More could be done, however. Female genital mutilation was not practised in the country. Abortion was illegal, but there were widespread family planning services because of the high rate of population growth. Most Maldivian hospitals and health centres were part of the 'baby-friendly' initiative. Around 90 per cent of the women breastfed their babies.