CRC 45th session: Committee considers report of the Maldives



UNITED NATIONS Press release
23 May 2007

The Committee on the Rights of the Child today considered the second
and third periodic reports of the Maldives on how that country is
implementing the provisions of the Convention on the Rights of the
Child.

Aishath Mohamed Didi, Minister of Gender and the Family of the
Maldives, introducing the reports, said the Maldives was proud to
report its achievements for its children. The Maldives had constantly
put in special measures to reduce maternal mortality and infant
mortality. Since ratifying the Convention, the Maldives had struggled
to provide adequate services for children in need of protection,
despite legislation stipulating that such services were basic rights.
The main reasons were difficulties in making the services accessible
to children, due to the geographical dispersion of communities, and
the limited financial, institutional and human resources. The
Maldives today was going through a period of major political reform
and democratic transition targeted to strengthen democratic
governance and human rights protection. Efforts to incorporate the
Convention into Maldivian domestic legislation were underway.
Numerous projects were being undertaken and had been planned for the
future and the challenges that the Government was dealing with. 

In preliminary concluding remarks, Kamal Siddiqui, the Committee
Expert serving as Rapporteur for the reports of the Maldives, said
the discussion had been highly constructive and fruitful. The
dialogue was meant to take an objective view as to what was actually
happening, in order to come up with recommendations for the State
party. He hoped that in the process a positive handle would be
provided for those in the Government and civil society who wished to
fully implement the Convention. There was no doubt that the Maldives
had come a long way in this regard, as the delegation had said, but
it was clear that many challenges remained to be overcome. 

Among issues raised by the Committee Experts were that of potential
conflicts with secular law and Sharia law; whether there was work to
promote religious tolerance; whether the new Judicial Bill would
address the issue of some child sexual offenders getting off
scot-free and ensure that none were pardoned under any circumstances;
the problem that the Maldives was surrounded by countries which were
an imminent danger with regards to, among others, organised child sex
rings and sex tourism, and what the Maldives was doing to protect its
culture in this regard and how it was encouraging children to report
when they were in danger; whether alternative care resources outlawed
corporal punishment; why school attendance was not compulsory and
what was being done to hasten the adoption of a law making it so;
what was being done to train teachers in new methods of teaching and
learning and making lessons more interactive; and what provisions
were in existence for minors who had committed serious offences,
including courts and detention facilities. 

Members of the delegation of the Maldives included representatives of
the Ministries of Education, Health, Home Affairs, and Justice, as
well as the Attorney General’s Office, the Maldives Human
Rights Commission, and the Permanent Mission of the Maldives to the
United Nations Office at Geneva. 

The Committee will release its formal, written concluding
observations and recommendations on the reports of the Maldives
towards the end of its three-week session, which will conclude on 8
June 2007.

As one of the 193 States parties to the Convention, the Maldives is
obliged to present periodic reports to the Committee on its efforts
to comply with the provisions of the treaty. The delegation was on
hand throughout the day to present the reports and to answer
questions raised by Committee Experts. 

When the Committee reconvenes on Thursday, 24 May, at 10 a.m., it
will consider the second periodic report of Uruguay (CRC/C/URY/2).

*Report of the Maldives*

The second and third periodic reports of the Maldives are presented
in one document (CRC/C/MAL/3), which covers the period since the
initial report (1996-2006) and was prepared under the auspices of the
Government of the Maldives by the Ministry of Gender and Family in
cooperation with a high-level, multi-sectoral Steering Committee
comprising of relevant ministries and departments, non-governmental
organizations and UNICEF. The document attempts to provide a more
comprehensive and detailed view of the initiatives undertaken by the
Government of the Maldives to implement the Convention and
difficulties encountered. The Government of the Maldives, in an
effort to further the implementation of the rights of the child
guaranteed in the Convention, has adopted several measures, including
a National Plan of Action (2001-2010), towards enhancing the well
being of the Maldivian children. The Government is also undergoing
revision of several laws relating to children. 

Notable progress has been made in the health and education sectors
towards the enjoyment of the rights enshrined in the Convention.
However, a significant limitation to fulfilling the obligations under
the Convention is the limited capacity and human resources
constraints faced by the Government. The lack of trained
professionals working on children’s issues, particularly on
children’s rights, poses a challenge when trying to translate
the Convention to policies and programmes. Despite the constraints,
some progress has been made in the period covered by the report.
Legislation to protect and promote the rights of children is also an
area which needs further attention as poor legislation or lack of
legislation can be a major impediment in the fulfilment of the
obligations under the Convention.

There are a growing number of social challenges facing the Maldives
today which will need to be addressed in any measure taken to
implement the Convention. Young Maldivians are growing up in a
steadily more prosperous and developed country, but at the same time
face rising youth unemployment and a rapidly growing drug addiction
problem. The Government of the Maldives in its “Vision
2020” has planned to establish a minimum standard of 10 years
of formal schooling throughout the country. Progressively taking up
steps to reduce the gender inequities and to promote child rights
will be another area of action. Plans include the establishment of a
countrywide child protection system, reviewing and strengthening
existing legislation relating to child rights, strengthening state
care facilities and services and protecting the rights of children
with special needs. The Cabinet has also recently recommended the
reorganization of the administrative framework of the Ministry of
Gender and Family, and has established the Family and Child
Protection Authority. 

*Introduction of Report*

AISHATH MOHAMED DIDI, Minister of Gender and Family of the Maldives,
introducing the reports, said regular reporting of the progress on
the implementation of the Convention on the Rights of the Child in
the Maldives had not taken place satisfactorily during the past 10
years, but this was not because the Maldives disregarded the
importance of the implementation of the Convention or the importance
for the enjoyment of children’s rights. Nonetheless, the
importance given to protecting the rights of the child was evident in
its actions. Much of the services for children had been delivered
according to tradition with good will and common sense, which
resulted in adequate systems and mechanisms not being established,
and the rights of the child not being delivered in a holistic,
systematic manner. The lack of a monitoring mechanism hampered the
process of monitoring the implementation of the Convention, and
reporting to the Committee. With exposure to rights-oriented
trainings and educational opportunities, a change in mindset had
taken place, resulting in an environment that promoted aligning of
national standards for human rights with international instruments. 

The Maldives was proud to report its achievements for its children.
Wherever children lived, a primary school existed, hence access to
primary education was not an issue. The Maldives had constantly put
in special measures to reduce maternal mortality and infant
mortality. Since ratifying the Convention, the Maldives had struggled
to provide adequate services for children in need of protection,
despite legislation stipulating that such services were basic rights.
The main reasons were difficulties in making the services accessible
to children, due to the geographical dispersion of communities, and
the limited financial, institutional and human resources. The
Maldives today was going through a period of major political reform
and democratic transition targeted to strengthen democratic
governance and human rights protection. Efforts to incorporate the
Convention into Maldivian domestic legislation were underway.
Further, a holistic system of juvenile justice was being mapped out
by means of a Juvenile Justice Bill which was now being drafted. 

With regards to institutionalising the monitoring and implementation
of the Convention, the Government had put in place a specialised
division in the Ministry of Gender and Family. The Minister said that
since the restructuring of the Ministry, a paradigm shift in child
protection had occurred from working with children to working with
families at risk so as to safeguard children. Very little effort had
been put to familiarise children with the Convention; a culture of
involving children in implementing and monitoring their rights was
yet to be established. The area of disabilities happened to be one of
the weakest areas of implementation. Prevalent drug misuse among
young people and the misuse of children in politically-motivated
violence were major issues the Government had to grapple with.
Numerous projects were being undertaken and had been planned for the
future and the challenges that the Government was dealing with. The
Minister recognised that there was much more to do, and sought the
learned opinion of the Committee, Ms. Didi concluded. 

*Questions by Experts *

*Kamal Siddiqui, **C*ommittee Expert serving as Rapporteur for the
report of the Maldives, said the Maldives was the inheritor of a rich
civilisation, and had made tremendous progress over last years. But
for the recent tsunami, its progress would have been even greater. It
had also made substantive headway in democratic governance since
independence. Social progress could be summed up by the fact that
among the countries of South-East Asia, it was the State that had
made the best progress towards the Millennium Development Goals.
However, the tsunami and the rise of the sea were tremendous
obstacles. 

With regards to the report, Mr. Siddiqui said a number of previous
recommendations had not been sufficiently addressed, and asked for
the reasons for the mixed outcome, as well as for a timeframe for the
full implementation of these recommendations. There was no
Constitutional bar to withdrawing the reservations of the Maldives to
various articles of the Convention. The adoption of the National Plan
of Action for the Well-Being of the Maldivian Child was welcomed, but
the Expert asked whether sufficient resources had been allocated to
its implementation, and whether civil society was being involved in
this. 

There were three bodies for coordination and implementation of the
Convention, and reports suggested these were being starved of
resources, and he asked for a comment on this. Mr. Siddiqui was happy
to note that efforts were being made to disseminate information on
the Convention, but this was not systematic or targeted, and most
parents, care-givers, teachers and children were not aware of the
contents of the Convention. Except for the extension of the age of
the child from 16 to 18, there had been no amendments to the law on
the protection of the child, and domestic laws on this matter
remained far from that of the Convention. 

*Nevena Vuckovic-Sahovic*, *C*ommittee Expert serving as
co-Rapporteur for the report of the Maldives, said she had undertaken
an in-depth study into the situation of the Maldives, and among
things that had struck her was the high level of divorce. Since the
last report had been submitted, it appeared that there had been a
significant change with regards to the development of civil society.
The latter appeared to have been developing, and the report
acknowledged involvement of non-governmental organizations (NGOs) in
the drafting of the report, however, it was unclear to what extent
and at what stage of the drafting of the report. There did not appear
to be very many child rights organizations. Civil society would be
needed to provide services for the Government, and the latter should
encourage it, facilitating registration of NGOs, including
children’s organizations. The inclusion of the concept of child
participation should be encouraged within society, including with
parents, Ms. Vukovich said. 

Other Experts raised a wide range of issues, including, among other
things, whether the Convention was directly applicable by the Courts
and whether legal authorities were aware of the Convention and its
contents sufficiently to apply its norms; issues related to potential
conflicts with secular law and Sharia law; whether there was work to
promote religious tolerance; the need to raise the age for the end of
compulsory schooling; whether the new Judicial Bill would address the
issue of some child sexual offenders getting off scot-free and ensure
that none were pardoned under any circumstances; whether the current
democratic process would allow amendment for the Constitution which
stipulated that all Maldivians were Muslims; issues related to
adoption in particular with regards to kafala; the need to avoid
stigmatising children born out of wedlock with regards to their
family name; and whether there were any plans to address issues
related to unwanted pregnancies. 

*Response by Delegation*

AISHATH MOHAMED DIDI, Minister of Gender and Family of the Maldives,
responding to these questions and others, said some members of the
Committee had been misinformed. The age of the child in the Maldives
was 18, and not 16, and this had been the case since 2002. Grade 10
was the end of compulsory education, and this was at the age of 16,
not at 10 or 12. With regards to pardoning sexual offenders, this was
an issue which the Ministry was strongly advocating to be changed.
The traditional punishment for sexual offenders had been banishment,
and the Government had strongly advocated to change this, and jail
them instead. 

The delegation said the role of non-governmental organizations (NGOs)
had never been very strong in the Maldives, but in the creation of
the report they had been involved, and given as much time as
necessary. This included brand-new NGOs, and the Government had
consistently been working with the care society as key partners in
the protection of the child. With regards to the reporting of
children in the media, work had been done with the Ministry of
Information and the media in order to create responsible guidelines
in this area, mainly taken from the UNICEF guidelines on this topic. 

Child participation was an area in which work needed to be increased,
the delegation said, but so much work had taken place in this area
that it was difficult to distinguish good practices. It was in the
area of education and schooling that most of the child participation
was taking place. A Children’s Forum would be established this
year to prepare for the National Child Conference, so children would
be able to participate truly. There had been a lot of training of
professionals involved in helping children who had been sexually
abused and exploited. The Government responded rapidly to allegations
of sexual abuse and exploitation in the home and in schools, and had
been working on strengthening legislation on this topic. A victim of
sexual abuse was not criminalized, but there was a grey area with
regards to sexual abuse and sexual misconduct, and the Government was
working to clarify this, in particular with regards to the age of
sexual consent. Sexual misbehaviour carried a legal sentence, and a
revised Penal Code which had been proposed said that any child under
the age of 18 could not consent to sexual behaviour. The police and
other investigators had been specifically trained on how to
investigate sexual offenders with regards to children. The proposed
Penal Code contained harsh punishments for sexual offenders, noting
aggravating factors. 

The Maldives had made two reservations to the Convention, and the
Government had committed to removing that on article 21, noting that
there was no legal impediment to this, the delegation said. On the
participation in the ILO, the Maldives was hopeful that it would be
able to as of this year, and would be able to ratify its Conventions.
The Maldives was a dualistic State - it had to integrate the
Convention into national legislation for it to be applied directly.
Some provisions of the Convention on the Rights of the Child had been
incorporated into the Child Protection Act, but the delegation
acknowledged that this was insufficient. The Maldives was seeking
help from other international organizations in this regard, so that
it would have comprehensive legislation including the provisions of
the Conventions to which it had acceded. On the Human Rights
Commission, this had had a rocky start, but the Paris Principles were
now incorporated, other than that on religion. Children could
directly complain or appeal to the Commission. 

On the formation of associations and the development of civil
society, there were a large number of associations and NGOs that were
registered, although few of these worked for the benefit of children.
The Government intended to submit a bill on civil society to the
Parliament, and amend the need for registration of civil society
organizations. A project aimed to include civil society further in
Government decision-making, the delegation said. On the issue of the
right to form associations by children, the Parliament Secretariat
had a Children’s Parliament every year. There was no rule that
children could not participate in NGOs. The age of conscription to
the police force and the armed forces was 18. There had been very few
reported cases of infanticide since 2005, and the Government was
working on those that had been reported. The issue of pardons had
been institutionalised, with published regulations and a systematised
process. On non-Muslim prisoners and the freedom to practise religion
in prisons, the issue had been taken on board, and work was being
done to be able to respond to prisoners’ religious requirements
if necessary. 

With regards to the issue of children not being allowed to
participate in political parties, the delegation said that political
parties were a recent development, and there were no firmly
established guidelines on these rights and responsibilities. Current
regulations prohibited those under 18 from participating in political
activities. The Ministry of Education required assistance as to how
to involve children in the political process and the freedom of
expression. Non-Muslim students attended schools, and were not
obliged to study religious subjects. There was an emerging trend of
parents discouraging girls from attending school - however, these
were very few cases, and the Ministry of Education was working
directly with these families and with religious scholars to advocate
education. Until now, all children who had stopped attending school
on these grounds had returned to full-time education. The Ministry
was also working to allow schools to recognise the positive
contribution that children could make to their management. 

On marriages, the legal age was 18, but there was unfortunately a
provision in the law that said that under extraordinary
circumstances, a child over 16 could get married, the delegation
said. In 2005, a mechanism had been set up whereby the marriages of
children between 16 and 18 could only be solemnised after evaluation
by the Ministry of Gender and Family, and after review by the
National Council for the Protection of Children. Four marriages had
been solemnised over the last two years, mainly in cases where the
bride had children out of wedlock. Marriages were legally recognised
when they were registered in court. The court recognised the legal
birth of children who were born to marriages that had not been
registered, and they were given all legal rights as those for a child
born in a registered marriage. There were two types of divorce -
those in and those outside of courts. If it was the former, then the
man was fined. Divorce rates were increasing, and the Family Law was
being revised, incorporating measures to ensure that children and
women’s rights would be protected. 

The Juvenile Justice Act focused on non-custodial measures. With the
help of UNICEF, judges were being trained on the Convention and the
new legislation. There had been consultations with stakeholders on
this Act, and it was hoped that positive effects would come from it.
With regards to the Budget, there was no involvement of civil
society. There had been a 300 per cent increase for the child
protection budget since 2005. On the coordination of the
implementation of the Convention, this was currently a challenge, but
there were some very good practices, such as child registration.
Every child was vaccinated. There were child protection committees on
every atoll, that would be examining issues related to child rights,
but this was a seed that had only been planted last year, and it
required further watering. 

The Maldives was finding the issue of dealing with different
religions and strains of Islam very difficult, the delegation said,
as it was not an issue it had had to grapple with before, Ms. Didi
said. There were new biases coming into the country with regards to
the girl child, and today the Maldives was facing this new challenge,
which it had to address. Interpretations of Islam had become
politicised. 

*Further Questions by Experts*

In a second round of questions, Mr. Siddiqui, the Rapporteur, said
the Committee was pleased to learn of the State party’s efforts
to reduce poverty, and that it was in the process of developing a
safety net programme to deal with the needs of children living in
poverty. However, there were reports of disparities between the main
islands and the atolls, and the North and South of the country. The
delegation should explain how it intended to deal with these
problems. 

Ms. Vukovich-Sahovic, the co-Rapporteur, said she wished the
Government full success in its work. With regards to family issues,
the NGO report had noted a drop in divorces after the enactment of
the Family Law, but this had then increased again. She believed this
had increased due to the mechanisms for implementation, and its
amendment. Sometimes, a divorce was better for children. There was a
problem with regards to the absence of joint responsibilities, and
she asked whether the Family Law incorporated joint custody for
parents, and if the Government was considering incorporating this
principle, as parents should have joint responsibility. From the
point of view of the Convention, all children were legal. Did the
Family Law contain a definition of family, she asked. 

Other Experts raised a wide range of issues, including, among others,
the problem that the Maldives was surrounded by countries which were
an imminent danger with regards to, among others, organised child sex
rings and sex tourism, and what the Maldives was doing to protect its
culture in this regard and how it was encouraging children to report
when they were in danger; what were national efforts to implement the
recommendations contained within the Secretary-General’s report
on Violence Against Children in the context of the process of legal
reform; what happened in case of an allegation of sexual abuse by a
woman or a girl-child and whether the accused was arrested and the
victim provided with care; whether alternative care resources
outlawed corporal punishment; whether play and recreational
facilities for children were available; why school attendance was not
compulsory and what was being done to hasten the adoption of a law
making it so; what was being done to train teachers in new methods of
teaching and learning and making lessons more interactive; whether
children’s opinions were given weight in school
decision-making; and what provisions were in existence for minors who
had committed serious offences, including courts and detention
facilities. 

*Response by Delegation*

Responding to these questions and others, Ms. Didi said that as of
today, the Maldives would have three female judges. With regards to
child participation, the level of this as outlined in the Convention
was not happening. Child-centred activities existed, both on
television and in schools, but the whole concept of child
participation with respect for the views of the child required
further examination. Another issue that required further dialogue was
the participation of children in political parties. The latter was a
very new concept - there had been no political parties before 2005,
and the Maldives was still determining what the role of these parties
was. Therefore, it was somewhat wary with regards to child
participation. At the moment, there was also no Bill on regulation of
political parties, there was instead a regulation which stipulated
that only those above 21 years of age could be involved in politics.
The Maldives would welcome any suggestions as to how to involve
children in the political process in a positive manner, the Minister
said. 

The reports said that the Maldives was going through a constitutional
reform process, Ms. Didi said. The Constitutional Assembly had the
power to recommend changes, but it was difficult to impose principles
such as secularism in a society that was not ready to accept it. The
concluding observations of the Committee in 1997 had not been
publicised, and this had continued to not happen. However, the
observations of the Committee on the Elimination of Discrimination
against Women had been published in newspapers, and this would
continue. On poverty alleviation and the disparity between the
atolls, there were indeed disparities, and this was due to the fact
that vulnerability of an island was less if the population was above
2,000, as services and investment went more to larger population
areas. Another problem was the strength of the monsoons, which made
transport between the islands very difficult. 

On access to healthcare, the delegation said there were health
facilities in a large number of islands, and the Government aimed to
provide them wherever the population of the island was above 700, and
had reached that target this year. It was also working to expand its
outreach services. Maternal mortality had been a challenge, and the
rate was still high. The percentage of breast feeding up to six
months was low. There were problems with regards to working mothers,
although the Government provided for these to return home at
lunchtime to breastfeed. Health facilities were provided to children
without parental presence - however, if surgery was required, there
was a need for signed parental consent. Family planning methods such
as condoms were not provided to children, but work was being done on
this issue. There was a stigma with regards to tuberculosis, and
often the infected went through a stage of denial. Free treatment was
given to all who were infected, and there was great concern for the
emergence of drug-resistant tuberculosis in neighbouring countries. 

Drug usage was high, and there were increasing numbers of those
injecting, with the concomitant HIV/AIDS risk, the delegation said.
Up until now, the majority of HIV/AIDS infections had been due to
seamen, but an information programme had contributed to reducing
this. Condom use needed to be further promoted, and solutions for
drug-users implemented - however, a large part of the population
accepted neither of these. There had been criticism of efforts to
distribute condoms by non-governmental organizations, and it was
clear that the community was not ready for this yet. With regards to
premarital sexual health, the community policy and preference was
currently only to distribute information to those who were married. 

With regards to education, and the issue of play and recreation in
schools, the delegation said that from the schools perspective, from
1983, physical education had been a key objective in the national
curriculum. However, it was recognised that there were not enough
opportunities and facilities for recreation and play, and the
Government was very concerned about this. The Government had an
objective to have at least one trained physical education teacher per
school. It was also working to obtain land for playgrounds, and was
retraining teachers in child-friendly strategies, re-equipping and
re-structuring classrooms to change the focus from the teacher to the
students and to facilitate learning. On the cost of education, it was
true that school textbooks and uniforms were paid for by parents,
however, there were safety nets in place to ensure that no child was
deprived of the opportunity of going to school and being educated
simply because the parents could not afford it. There was a range of
funds in this regard. There was a plan to provide a school on each
atoll with vocational training. There was a shortage of teachers, and
500 teachers were trained per year. 

The Government was working on various strategies to ensure the
provision of secondary schooling to all groups of children across the
country. From the policy perspective, there was a major focus on
child-centred teaching, the delegation said. Pre-schooling was
currently a community endeavour. Research had shown the Government
that it should support this community-based focus, and it was doing
so through regulating teacher-training, and with projects to ensure a
child-focused approach. Since 1999, a landmark project entitled First
Steps Maldives had taken place, Ms. Didi said, and this had examined
the psycho-social elements linked to pre-school education, and this
had been used as a good practice model. This project had now become
policy, and it covered pre-school education and beyond. The
Government was reluctant to bring pre-schooling into the fold of
Government-managed schooling due to the didactic nature of teaching
currently, and was reluctant to use a model that might disturb the
positive situation that currently existed. 

On incorporating children’s views into school management, this
was currently the aim of the Government, however, it called for a
major paradigm shift, the delegation said. There were no schools that
did not have toilet or sanitary facilities. However, these required a
lot of improvement in some schools. Some of the toilets were not very
child-friendly, but the Government was working on making them so.
There were ongoing training programmes for school heads and textbooks
writers, and the Government was very much helped by UNICEF in this
regard. Initiatives existed to ensure that every child would have
access to full schooling by the year 2010. With regards to child
protection, and measures to prevent commercial child sexual
exploitation, the Child and Family Protection Authority had taken
steps towards developing a coherent policy for all stakeholders.
UNICEF supported technical assistance in this initiative. This issue
would be discussed in depth at the National Child Protection
Conference in August. On measures to reduce violence against
children, the Maldives was keen to implement those included in the
Secretary-General’s study on Violence Against Children. NGOs
who worked on protecting children were included in the planning of
these projects. 

In cases of physical sexual abuse of a child, the police were
involved, and a team of medical legal people did an assessment of the
child, providing medical care as required. When all other options
were exhausted, and only then, would the child be put into care.
After investigation by the police, the perpetrator would be taken to
court, where a custodial sentence could be imposed. Should the
perpetrator be a member of the family, then the Government would be
wary of returning them to the family afterwards. The issue was of
course very sensitive, Ms. Didi said, and the Government recognised
that the best solution was not to remove the child from the family,
but to remove the perpetrator instead. However, in the majority of
cases, the suspect was arrested, and the child was returned home. It
was rare for a child to be removed from the family. The Government
was working with the police, the medical community and the social
sector to provide legal redress to victims of abuse and neglect, the
delegation said. Currently boys were taken into State care if there
was no possibility for them to be taken into kinship care. Children
who turned 10 whilst in children’s homes were not forced to
leave that home. There was provision for children to lodge complaints
with the Child Protection Authority. There was an intention to
upgrade training for child protection staff every year. 

There was an increasing number of children and young people using
drugs, the delegation said, and the Government was under-resourced in
this area, both with regards to funds and resources. The Government
had decided it needed to tackle the issue more strategically, and
would be lobbying for more stakeholder participation. A child impact
assessment was being carried out to note discrepancies and to
harmonise policies, including with United Nations requirements and
Conventions. On mechanisms for family law, at the time that it was
codified, the fining that had been put in place for divorcing outside
the courts had been seen at the time as a deterrent, however, it no
longer served this purpose. Joint responsibility for children
existed, and both custody and maintenance could be joint. The age of
criminal responsibility was currently 10, but no child under 12 had
ever been convicted in a court. There was a bill which incorporated a
provision to change criminal responsibility to the age of 14
currently before Parliament. 

The Juvenile Justice Unit would collaborate with all Governmental
agencies and facilitate the situation for children, the delegation
said. There was no corporal punishment for children and no punishment
that could harm the child or be detrimental to its health could be
given by law. Ms. Didi said that society had changed to the extent
that neighbours would report to the police if a child was being
beaten. However, corporal punishment did still occur. With regards to
children bearing children born out of wedlock, Sharia punished this
by flogging, and the Government had managed to remove this so that no
child was beaten. In cases where a child was beaten, a prosecution
was put in motion, the delegation said, and the perpetrator was
punished. In the case of a father with custody beating a child, this
custody was removed from him. 

No child under the age of 14 was allowed to work, and the proposed
Bill currently before the Parliament raised this to the age of 18,
except for educational purposes and with the consent of the parents,
when children could be employed from the age of 16, under certain
conditions. 

*Concluding Remarks*

KAMAL SIDDIQUI, the Committee Expert serving as Rapporteur for the
reports of the Maldives, in preliminary concluding remarks, said the
discussion had been highly constructive and fruitful. He would not
summarise the discussion, as that was not possible. He wished to
compliment the delegation for taking an open, frank, and
self-critical approach, as this had made the discussion so rich. The
dialogue was meant to take an objective view as to what was actually
happening, in order to come up with recommendations for the State
party. He hoped that in the process a positive handle would be
provided for those in the Government and civil society who wished to
fully implement the Convention. There was no doubt that the Maldives
had come a long way in this regard, as the delegation had said, but
it was clear that many challenges remained to be overcome. 

__________

/For use of the information media; not an official record/





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