Government of the Republic of Maldives

Government of the Republic of Maldives

Responses to the List of Issues

in relation to

theCombined Fourth and Fifth Periodic Reports of the Maldives

on the

Convention on the Rights of the Child

January 2016

The present responses were prepared by the Government of Maldives in response to the List of Issues by the United Nations Committee on the Rights of the Child (CRC Committee). The responses include additional and updated information to those contained in the State Report. The Ministry of Law and Gender was the lead agency in preparing the Report. A sectoral committeeconsisting of all stakeholders in the implementation of the CRC provided information.

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Part I

1. Information on activities undertaken to implement the recommendations contained in the Committee’s previous concluding observations (CRC/C/MDV/CO/3) on the second and third periodic reports of the Maldives.

Committee Recommendations (CRC/C/MDV/CO/3) / Challenges and Way Forward / Progress and General Measures
State Party Reservation(Para 10)
The Committee reiterates that the State party review the nature of its reservations with a view to withdrawing them in accordance with the Vienna Declaration and Plan of Action of the World Conference on Human Rights of 1993. The Committee further recommends that the State party seek inspiration from other Muslim countries which have either withdrawn similar reservations or not entered any reservations to the Convention. / The Constitution of the Maldives guarantees a universally accepted set of rights to the people in the country that is consistent with the tenets and principles of Islam. As per Article 10, “No law contrary to any tenet of Islam shall be enacted in the Maldives”
Article 21 of the Convention, applicable to ‘states parties that recognize and/or permit the system of adoption’. Constitutionally and as per Sharia principles, the Maldives does not permit a system of child adoption.
The Maldives, however, has sought alternative measures to address the reservation. / On 23 August 2015, the Ministry of Law and Gender enacted the State Custody Regulations and the Interim Foster Regulations. These two regulations set in place a system of alternative care for children deprived of primary family environments and in accordance with its international obligations.
As noted in the Committee’s recommendation on Article 21 the newly introduced regulations ensure a more systematic approach to legal guardianship, allowing greater protection for vulnerable children, greater safeguards and enhanced monitoring by the State whereby a child is put into alternative care arrangements.
A child is fully entitled to a number of benefits under these regulations, apart from inheritance rights, which could be executed, under common law through wills of legal guardians.
Coordination (Para 17) The Committee recommends that the State party use the restructuring of the Ministry of Gender and Family not only to strengthen its functions, but also to establish a single inter-sectoral mechanism for the coordination and evaluation of all activities relating to the implementation of the Convention. Such a body should be given a strong mandate and sufficient human and financial / The Maldives recognises the importance of setting up a single inter-sector mechanism for coordinating and evaluating the implementation of obligations under the Convention. Yet, owing to the small size of the civil service, and the smaller number of personnel with the necessary expertise, such a mechanism is still not fully established. The Government, however, is committed to continuing with the efforts to establish a single mechanism and equip it with the necessary resources. / Currently, coordination takes form of regular inter-sectoral meetings, referrals and activities on matters pertaining to children. All matters relating to children are consulted amongst stakeholders.
A Procedure Manual on Delivery of Services by the Ministry is being reviewed to facilitate greater inter-agency collaboration, taking into account strengthening of established referrals and data sharing mechanisms. The revised Manual is expected to come into effect in 2016.
Multi- Sectoral consultations have been held in someatolls to identify and collect information about the bottlenecks in interagency coordination. Further consultations are planned for 2016.
The new Child Rights Bill is envisioned to systematically address the issue of coordination. The Bill has general measures as well as systematic prerequisites for service provision.
Data Collection (Para 23)
The Committee notes with concern that the progress in data collection is impeded by the lack of adequately trained personnel and insufficient coordination between State authorities and child welfare agencies / The lack of a comprehensive national data collection system with respect to all areas covered by the Convention hinders reporting. The geographical dispersion of Maldives continues to be a barrier to establishment of such a mechanism.
Nonetheless, utilizing advances in Information and Communications Technology, efforts have been made in the past years to establish a system of disaggregated and modernized data collection system to back evidence based planning, result based monitoring and adoption of adequate policies and programmes. / To enhance data collection mechanisms, the Ministry of Law and Gender recently developed data forms to accumulate disaggregated data and identify needs across the country.
The Maldives Child Protection Database (MCPD) is expected to be up and functional for utilization by all relevant agencies via a web based platform in 2016 to facilitate enhanced referral and monitoring of cases reported to relevant agencies.
MaldivInfo, the Maldives national database of human development indicators, continues to be used and updated for data collection across all sectors.

Awareness raising and training ((Para 26)
The Committee recommends that the State party continue its efforts to systematically disseminate information about the Convention among children, their parents and other caregivers and all relevant professional groups working with and for children. It recommends that the State party provide professionals with targeted and regular training on the provisions and principles of the Convention and the international human rights standards in general.
The Committee also recommends that the State party encourage the media to disseminate information on the rights of the child and in that way promote the awareness of the rights of the childamong the public at large. The Committee further recommends that the State party take specific measures to make the Convention available to and known by all children in the Maldives, paying attention to the civil rights and freedoms of children, and that the State party continue its cooperation with UNICEF in this regard. / The greatest challenge facing the public administration in the Maldives is the lack of personnel equipped with sufficient technical skills and experience in delivering the services. Child welfare agencies face this challenge more than any other sector.
In addition to the existing capacities, the Ministry intends to provide technical support to the development of sector specific child protection policies (e.g. in health or education). / A significant percentage of all training programmes conducted by the Ministry and its partners incorporate CRC information sessions.
Dissemination of the Convention in the form of booklets, TV and Radio programmes, and trainingscontinues nationwide.
A study on Assessment of Training Needs of Social Service Workers in Maldives (2015), funded by UNICEF Maldives, has been completed and its recommendations followed to address training needs.
Child Participation (Para 45)
Based on the right of the child to be heard the Committee recommends to seek to develop a systematic approach and policy, with the involvement of professionals working with and for children, in particular teachers and social workers, and civil society, including / Participation of children in decision-making and policy formulation is increasing.
In addition to existing practices of participatory process, such as Family Law (4/2000), which requires a child’s view to be heard in matters of custody, participation of children in the wider sphere of decision-making is being augmented. / A National Technical Consultation on Stepping up Protection of Children with Disabilities in the Maldives was held in November 2014, with the active participation of children to provide a forum for strengthening the protection of children with disabilities through awareness raising, enhanced cross-regional learning, sharing and strengthening of partnership.
Family Group Conferencing takes place more systematically on cases reported to the Ministry of Law and Gender, Juvenile Justice Unitand at the Juvenile Courtwith due respect to the child’s right to be heard.
Human Rights Clubs have been established in 18 Schools which involve active participation of children in conducting the activities of the Club.
Active participation of children in developing national campaigns, such as “AHAN”(Listen to Us), is progressively becoming standard practice.
“Ahan” is a one year campaign carried out by Ministry of Law and Gender with assistance from UNICEF aiming to strengthen the child protection network with the aim of protecting the child from all forms of violence.
The Governing Board of the South Asian Initiative to End Violence Against Children (SAIEVAC) includes a child representative

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2. Steps taken to finalize and adopt the Child Protection Act and the Juvenile Justice Bill.

The Child Rights Billhas been submitted to the Parliament, andwill be tabled for debate during the first quarter of 2016. The Bill will replace the Child Rights Protection Act (Law No 9/91). The main reason for updating the Child Rights Protection Act is to make the Law more consistent with the relevant provisions of the Convention. It also aims to make the Act more explicit on rules of provision of State care to children in need, responsibilities of State in implementing the law, a coordination mechanism amongst related agencies, enabling provisions to facilitate foster care services and monitoring mechanisms and to provide liabilities of parents or legal guardians who contravene the responsibilities provided in the Law.

The Bill sets the minimum age of criminal responsibility at 10 years of age, which is in line with existing Regulation on Investigation and Provision of Juvenile Justice under the General Regulations Act (Act No. 6/2008). Under the Bill, minors between ages of 10 to 15 years, have the benefit of an excused defense as per the new Penal Code. For minors between the ages of 15 years and below 18 years, they will have the benefit of excused defence subject to rebuttal by prosecution.[1]The Bill also provides for a minimum age for criminal responsibility for Hadd offences committed by minors. Under the Bill, minors of 10 years of age and above, must bear criminal responsibility for Haddoffences. In such cases, as also provided in the Penal Code, implementation of sentencing will be deferred to a time until the minor is above 18 years of age.

The Bill demarcates responsibilities and functions of the regulatory authority and service providers, and creates a national council with the composition of multi-sector representation which has an advisory role in policy-making, enacting regulations and standards in the sector. A specific monitoring role is stipulated for the Human Rights Commission, to monitor the implementation of both the Law and the Convention. The Government believes these changes will provide for greater accountability of the system and strengthen coordination amongst sectors in both during policy-making and implementation.

The Bill introduces a national child care and protection system, whereby the provision of ambulant services, foster care, and residential care services are mandatory on the State. Under the Bill, the State can take children in need under State care via special procedures in relation to acquisition of legal guardianship of such children. The Bill also introduces guidelines on fostering children who are under State care. In order to overcome a major systemic bottleneck experienced in cases where consent is withheld by parents of the children who are under State care, the Bill enables the courts to deem consent in such cases.In contrast to the present legislation, the Bill introduces special enforcement procedures where the Minister may intervene to protect the interests of the child upon obtaining specific forms of court orders.

In parallel, Social Work Bill was recently forwarded to the President’s Office for submission in the Parliament. The Social Work Bill is designed to provide key support in this area as it would enable the State to establish a care system and would provide the legal framework to operate, regulate and monitor social services and social workers in Maldives

The draft Juvenile Justice Billwill be submitted to the Parliament at its next session. Outcome of various stakeholder consultations has been included in the Bill to accommodate recent legislative changes.

The Juvenile Justice Bill would replace the existing Regulation on Investigation and Provision of Juvenile Justice under the General Regulations Act (Act No. 6/2008) and when enacted as law, it will provide a legislative framework to establish the proper mechanism on administration of juvenile justice and prevention of juvenile delinquency in the Maldives. The draft Bill stipulates the powers and duties of relevant authorities, rights and obligations of minors, mechanisms for protection from and prevention of juvenile delinquency, investigative measures, rules on prosecution of juveniles, adjudication procedures. Furthermore, the bill introduces diversionary mechanisms and procedures and rules to follow in institutionalizing detention facilities for juvenile delinquents.

3. Please provide information on children sentenced to death who were executed over the reporting period or are currently on death row. How the 2014 Regulation on Investigation and Execution of Sentence for Wilful Murder which allows for children as young as 7 years to be sentenced to death for the offence of intentional murder has been implemented.

No one has been executed in the Maldives during the reporting period. Children “as young as 7 years” have not been sentenced to death in the Maldives. The Regulation on Investigation and Execution of Sentence for Wilful Murder (R-33/2014), stipulates all criminal investigations relating to children must be undertaken in a manner consistent with the laws protecting the rights of the child.

Children below the age of 15 years have the benefit of an excuse defence under section 53 of the Penal Code of the Maldives (9/2014). However, a minor accused of Hadd offences under Islamic Shari’a, such as intentional murder, and serious criminal offences that cause grievous bodily harm, must bear criminal responsibility for the alleged offence. No person below the age of 10 years has been convicted or sentenced for wilful murder over the past 10 years.

The Regulation (R-33/2014) lists various procedural safeguards before the execution of offenders convicted of intentional murder, including the exhaustion of the appeal process and mediation between the offender and the family of the victim with regards to the death sentence in accordance with Islamic Sharia’a. The Ministry of Islamic Affairs has the mandate to coordinate the process of mediation with due consideration to the best interests of the child.

Regulation (R-33/2014) must be read together with Regulation on Investigation and Provision of Juvenile Justice under the General Regulations Act (Law No. 6/2008) and Penal Code (Law No. 9/2014) in order to attain the correct understanding and application of the existing laws with regards to juvenile delinquents.

Under Regulation on Investigation and Provision of Juvenile Justice, a minor of age 10 years and above has to take criminal responsibility for wilful murder. As the Penal Code is the prevailing law as per section 18 of the Code, a minor below the age of 15 years will have the benefit of an excused defence for such an offence. A minor between the ages of 15 years and below 18 years will have the benefit of an excused defence subject to rebuttal by prosecution. Even in such a situation, the accused minor has the benefit of availing of the procedural safeguards provided in the Regulation, which include, exhaustion of the appeal processand mediation between the offender and the family of the victim with regards to the death sentence in accordance with Islamic Sharia’ah.

To date, the Juvenile Court had sentenced five minors to death in three separate cases of intentional/wilful murder; one case in 2013 and two cases in 2015. Amongst the said five minors, four were above the age of 17 at the time of offending and were sentenced after they reached 18 years of age. One of the said cases involved a 15-year-old minor being sentenced to death. Two of these cases are now on appeal at the High Court.

4. Measures taken to design a comprehensive policy on children backed up by national plans of action, adequate funding and coordination mechanism.

A National Conference on the Maldivian Child was convened in July1991. A comprehensive national policy and a National Programme of Action for Children (NPA) were drawn up in line with the recommendations of the National Conference, by an inter-ministerial committee, which was set up for the purpose.

The National Programme of Action for Children was initially implemented by the Unit for the Rights of the Child (URC), established in 1992. Currently the Ministry of Law and Gender, in partnership with relevant State and independent actors, formulatescoordinates, and implements, policies and action plans on children.

The Ministrybenefits from specialized allocation of budgets within the annual State budget, development partners and donor agencies to undertake its activities and programmes. The Ministry executes a comprehensive policy with collaboration of UNICEF to institutionalise and coordinate protection services.

In order to mitigate gaps in coordination, the Ministry of Law and Gender has planned and budgeted to strengthen the role of Family and Child Service Centres (FCSC) within atolls. Under the program, inter-sectoral working groups are to be established at atoll levels to coordinate responses and identify emerging issues. Clear reporting and communication pathways would be established to facilitate greater and broader functioning of the FCSCs, with enhanced role clarity amongst stakeholders.

5. Measures taken to strengthen the monitoring role of the Human Rights Commission of the Maldives as regard the Convention and to bring the Commission in full compliance with Paris Principles, especially as regard its independence.