National Report on the Follow up to The

National Report on the follow up to the

World Summit for Children

REPUBLIC OF MALDIVES

Malé

December 2000

A.Introduction and Background

In September 1990, the largest gathering of world leaders in history then assembled at the United Nations to attend the World Summit for Children. A total of 71 Heads of State or Government were present. The Summit adopted the Declaration on the Survival, Protection and Development of Children and a plan of action for implementing the Declaration in the 1990s.

The Maldivian delegation to the conference was led by His Excellency Mr. Maumoon Abdul Gayoom, President of the Republic of Maldives.

The Maldives signed the Convention on the Rights of the Child (CRC) on 20th August 1990, and ratified it on 11th February 1991.

As a follow up of the deliberations of the World Summit for Children, the Maldives prepared a national plan of action (NPA) to achieve the goals of the 1990s for children and development, in August 1992. The plan was prepared by an inter-ministerial co-ordination committee consisting of officials from the Ministries of Health, Education, Atolls Administration and Planning and Environment. It was based on the consensus reached at the National Conference held in July 1991, the Year of the Maldivian Child.

A National Council for the Protection of the Rights of the Child was formed on 11th February 1992 as a monitoring mechanism. The secretariat of the Council was based in the Ministry of Home Affairs and Sports. On 1st November 1992, a special unit for the protection of the rights of the child was established which would periodically review and monitor progress in the implementation of the summit Plan of Action. In an effort to establish a central database to monitor the goals for children and development in the 1990s, the process of data collection was started. A mid decade review was undertaken and a set of mid-decade goals were worked out. The need to reduce malnutrition among children and women, reduce drop out rates of children from school, particularly after grade 5, enhance facilities for higher education, train the youth in various skills, provide increased access to health services and safe drinking water and sanitary facilities particularly in the outer islands, were identified as critical areas of intervention. Hence more vigorous actions were initiated to rectify the situation.

Convention on the Rights of the Child:

In 1997, the Government of Maldives submitted its initial report on the implementation of the CRC to the International Committee on the Rights of the Child. The following issues were highlighted in the report.

While there is no evidence of gross violations of children's rights in Maldives, there is some concern that the protection and participation rights of children need to be more effectively addressed if all rights of all children are to be fulfilled. Children's rights may be compromised for a wide variety of reasons. Some of the main causes that pertain specifically to the Maldivian context include strains on the family unit, unemployment, urbanisation, consumerism, population growth and the erosion of traditional culture. These factors strain family relationships and have reverberations on the lives of children. Overcrowding in urban households with its attendant lack of space for study or indoor and outdoor recreational activity can pose serious constraints on children's development and their levels of educational achievement. The high divorce rate in the country often results in children being deprived of the care and affection of one or both parents. This may also be true in situations of extended separation. Eg: - when fathers must travel to other locations for work. Frequently, children may be sent away from home at young age to live with relatives or friends while they attend school in Male’ or other islands. All these factors make children vulnerable and several of them may need special protection. The different categories of children who require special care include victims of abandonment, neglect or abuse; children in conflict with the law; atoll children in Male’ who are engaged in exploitative domestic labour, children with disabilities and children who abuse drugs.

Early marriage, divorce and polynuclear families: many Maldivian women marry early - as early as 16 years. This not only affects the full growth and developmental potential of teenage mothers, but also affects the quality of care that their infants receive. High rate of divorce, subsequent frequent remarriage and children from different partners result in family strains. This is detrimental to the stability of the child’s life and can set the stage for abuse. There has been a steady increase in the number of sexual abuse cases that are reported. Often the victims have to continue to live under the same roof as the perpetrator.

Domestic child labour: there are growing concerns regarding children who assist in domestic chores in the homes of friends and family in exchange for accommodation while attending school in Male’ and other islands where secondary schools exist.

Drug abuse and childhood disabilities are some other issues, which are identified as matters of concern.

The concluding observations and comments (CRC/C/15/Add.91) by the CRC Committee noted that the enactment of the Law on the Protection of the Rights of the Child provided a basis for the development of more comprehensive legislation. The establishment of the National Council for the Protection of the Rights of the Child, and the Unit for the Rights of the Child (URC).

In terms of factors impeding the implementation of the Convention, the Committee noted the geographical configuration of the Maldives, comprising 1,190 islands, out of which only 199 are inhabited (Statistical Year Book, 2000). The Committee also noted the relatively small population composed of a number of different and isolated communities, as well as changes in the economic structures and rapid population growth.

The principal subjects of concern identified by the Committee included the need to harmonise fully the Law on the Protection of the Rights of the Child and other domestic legislation with the principles and provisions of the Convention; the lack of a specific mechanism to monitor progress in all areas covered by the Convention, and in relation to all groups of children, especially the most vulnerable ones in urban and rural areas; the lack of participation of civil society in designing and implementing policies and programmes for children; the insufficiency of measures taken to train professionals working for, and with, children on the provisions and principles of the Convention; the lack of clarity on the status of children aged between 16 and 18 years; the low minimum ages for marriage and criminal responsibility; the insufficiency of measures adopted to ensure the full enjoyment by girls and children with disabilities; the situation of children born out of wedlock, especially with regard to their right to inheritance; and the existing disparities between children living in the capital island and those living in remote islands.

The Committee expressed concern over the insufficient information on ill treatment and abuse, including sexual abuse both within and outside the family, insufficient legal protection measures, inappropriate resources, both financial and human, and the lack of adequately trained personnel to prevent and combat such abuse; and the insufficiency of rehabilitation measures for such children and their limited access to justice. Concern was also expressed about the high rate of divorce and its possible negative impact on children; the lack of research and studies on the harmful consequences of early marriage and divorce on children as well as the insufficient measures to create public awareness on the detrimental effects of divorce; the insufficient alternative care measures for children deprived of a family environment; the prevalence of malnutrition (stunting and iron deficiency), high maternal mortality rate, and the limited access to safe water and adequate sanitation; problems of adolescent health, in particular, the high and increasing rate of early pregnancies, the lack of access by teenagers to reproductive-health education and services, the insufficient measures against HIV/AIDS; and the insufficient measures to promote breast-feeding of children, especially in health facilities.

With regard to the situation of children with disabilities, the Committee expressed concern at the insufficient measures taken to ensure access of these children to health, education and social services, and to facilitate their full inclusion into society, as well as the small number of well trained professionals working with, and for children with disabilities.

Further areas of concern identified by the committee included: the fact that education is not compulsory by law, the high drop-out rate between primary and secondary school, the shortage of trained teachers, the existing gender disparities in secondary school enrolments and disparities in the access to education between the capital and the atolls; the insufficient measures undertaken to address issues related to drug abuse; the insufficient preventive measures, including legal ones, to avoid the emergence of child labour and economic exploitation, including sexual exploitation; the lack of preventive measures, including legal ones, concerning child prostitution, child pornography, trafficking and sale of children; and the fact that juvenile offenders between 16 and 18 years are considered as adults.

B.Process Established for the End-Decade Review

Action at the international level for the end decade review started when the UN General Assembly in December 1999 adopted resolution 54/93 "Special Session of the General assembly for the follow up to the World Summit for Children in 2001". The resolution invited Governments and relevant organisations, in particular UNICEF; to help the development of Secretary-General's report by undertaking reviews of the progress achieved since the World Summit. On 6th January 2000, the Secretary-General wrote to all the Permanent Representatives and the Permanent Observers to the United Nations that he has asked UNICEF to co-ordinate the preparation of his report to the special session. On 9th March 2000 UNICEF provided further guidelines on the national level reviews and the national reports that will provide the necessary information for the preparation of the Secretary-General's report.

UNICEF Malé followed up this letter with the Ministry of Foreign Affairs, which forwarded it to the Ministry of Women's Affairs and Social Security. In the last week of September a meeting was arranged with the Ministry to discuss a plan for preparing the end decade review.

The MWASS held meetings with the other departments to obtain relevant information and advice for preparing the national report.

Action at the National and International levels

A National Plan of Action (NPA) was prepared in August 1992 to achieve the goals of the 1990s for children and development.
In pursuance of these commitments, the Maldivian Government undertook periodic reviews of the progress in the plans and policies. Particular mention must be made of the vigorous implementation of child rights, survival and protection programs, and particularly the massive investment in health and education programs and the provisions for augmenting safe drinking water and sanitation in all islands.
Despite the economic austerity and structural adjustment programs, the funding of the social sector increased dramatically. In 1998, 48% (Statistical Year Book 2000) of the expenditure of the Government was on social sectors.
Mass campaigns have been undertaken to make the public aware of issues such as child rights, discrimination against women etc. In certain sectors like rehabilitating victims of drug abuse, non-governmental organisations have been involved. Women have been encouraged to participate in the political process. Information relating to child rights and child survival have been widely disseminated.
Mechanisms to regularly monitor the programs were strengthened. Number of surveys which provide information on the status of health of children and gender differentials, have been undertaken for the first time. Mention must be made of surveys such as national nutrition survey, iodine deficiency disorder survey, multiple indicator survey, vulnerability and poverty assessment survey and the reproductive health survey undertaken during the decade. These surveys greatly enhanced understanding the situation of children and helped in taking timely corrective actions. Some of the statistics have been disaggregated by sex.
At the international level, a number of agencies, UNICEF and WHO in particular, have supported the activities by providing funds, technical inputs, training local personnel and upgrading their skills in the process. Periodic review mechanisms imposed by these agencies resulted in establishing monitoring systems and greater accountability.
In accordance with the plan of action 35(iv), UNICEF in particular, promoted and supported a number of activities by the Government such as skills development and training, leadership training and establishment of Island Women's Centres. The project for carrying out maternal and child health activities were also supported by other UN agencies such as UNFPA and UNIFEM.
Training of health workers and Traditional Birth Attendants (TBAs) and supply of maternal and child health service delivery were major areas of WHO co-operation with the Government.
Provision of essential drugs and training of peripheral workers on expanded programme of immunisation (EPI), acute respiratory infection (ARI) and control of diarrhoeal diseases (CDD) have been supported.
A significant share of the country programme was devoted to education and teacher training. UNICEF has been a major source of funding for teacher training at the Institute of Teacher Education and on-site training in the islands.
Assistance was provided to the Non-Formal Education Centre for carrying out a condensed education programme for disadvantaged children, a distance education programme for the atolls and a project to establish atoll resource centres. The implementation of the EPI through decentralised mobile teams strengthened the health system and facilitated provision of services to the remote islands.
UNFPA has been active in maternal and child health services, - provision of contraceptives, training of health personnel and technical help for family planning and reproductive health services.
Bilateral funding from the Governments of Australia, Canada, Sri Lanka, Thailand and United Kingdom has supported human resource development.
The largest share of bilateral funding in recent years has come from the Indian Government. Its input included financial support for the construction of Indira Gandhi Memorial Hospital, provision of major share of technical staff for the hospital as well as scholarships for training of doctors and nurses.
World Bank and Asian Development Bank have also assisted in programmes for educational development.

D. Specific actions for Child Survival, Protection and Development

a)Convention on the Rights of the Child

In Maldives, much progress has been made to guarantee the rights of children, especially those related to survival and development. The United Nations Convention on the Rights of the Child (CRC) was signed and ratified in 1990 and 1991 respectively. Several important milestones followed this ratification:

The Year of the Maldivian Child was celebrated in 1991.

National Conference on the Maldivian Child was convened in July1991.

National Programme of Action for Children (NPA) was drawn up inline with the recommendations of the National Conference, by an inter-ministerial committee, which was set up for the purpose.

Law on the Protection of the Rights of Children (Law 9/91) was passed in 1991.

National Council for the Protection of the Rights of Children which consists of senior officials from key Ministries and NGOs was established in 1992. This body is responsible for advising on policy matters related to the rights of the child and for monitoring the NPA to promote universal adherence to the principles of the CRC. The National Council is now responsible to the Ministry of Women’s Affairs and Social Security. The Council comprises fifteen members from thirteen different organisations. These are the Ministries of Health, Youth and Sports, Education, Justice, Women's Affairs and Social Security (MWASS), Atolls Administration, Planning and National Development, Defence and National Security and Information Arts and Culture, along with the Attorney-General’s Office, the People’s Majlis (Parliament) and The Supreme Council for Islamic Affairs.

The Unit for the Rights of the Child (URC) was established in 1992 under the then Ministry of Home Affairs, initially as the secretariat for the National Council for the Protection of the Rights of the Child, and later as the monitoring body for the implementation of CRC. In November 1996, the URC was transferred to the Ministry of Women's Affairs and Social Welfare (as it was then called). (VSO has provided continuous technical assistance in the form of volunteers to URC for the last 5-6 years).

The following specific measures have been taken for the implementation of the Convention on the Rights of the Child :

Advocacy and publicity of the CRC: information about the CRC targeting the entire population has been disseminated through audio-visual and print media nation-wide. The CRC has been translated into Dhivehi, the national language, and distributed to all atolls and islands. Posters, pamphlets and booklets have been produced and distributed widely throughout Male’ and the atolls. Special efforts have also been made to reach all hospitals, health centres, clinics, schools and other institutions on the islands. TV Maldives and the state radio station, Voice of Maldives, regularly comment on current incidents and discuss topics of relevance to the CRC and other child-related issues.

Legislative Measures :

The rights of the child are recognised in Maldivian national law, the Law on the Protection of the Rights of Children (Law 9/91, Annex 1). This law follows the CRC closely. Punishments for those in contempt of that law are specified in circulars issued by the President’s Office and Ministry of Justice. They include jail sentences, banishment, house arrests or fines. Some national laws and regulations have been reviewed and amended to facilitate and further the implementation of the CRC. These include regulations in relation to juvenile justice that has been amended to restrict criminal proceedings against children in favour of efforts at rehabilitation rather than inflicting punishment, and regulation on the employment of children. More recently, a Family Law has been enacted. It will come into force in July 2001.