The existence, structure and mandate of the Human Rights Commission and programmes designed to serve persons with disabilities to prevent exploitation, violence and abuse

Existence:

The Human Rights Commission of the Maldives (HRCM) was initially created by a Presidential Decree on 10 December 2003 but now it is an independent and autonomous statutory body established on 27thNovember 2006 under the Human Rights Commission Act No.6/2006. The Commission has been created in accordance with the requirements of Paris Principles of 1991, which was subsequently endorsed by the UN Commission of Human Rights and the UN General Assembly (Resolution 48/134 of 20 December 1993)

Mandate:

The mandate of the Human Rights Commission is to protect, promote and sustain human rights in the Maldives in accordance with Islamic Shari’ah, the Constitution of the Republic of Maldives and international conventions and declarations which Maldives is a party to. Its main responsibilities include:

  • To inquire into complaints on infringement of human rights and take appropriate measures.
  • To promote a high regard for human rights, protect and sustain human rights in the Maldives.
  • To advice the government in the formulation of laws, regulations and administrative codes concerning the promotion of a high regard for human rights and the protection and sustenance of such rights.
  • To identify violations of human rights in laws, regulations, and administrative codes in the Maldives and to bring such violations to the government’s attention.
  • To advice the government and make propositions on acceding and ratifying regional and international treaties and conventions regarding human rights.
  • To participate and assist in the formulation of international conventions on human rights.
  • To increase awareness on human rights and promote a high regard for human rights amongst the citizens of the Maldives and foreign nationals in the Maldives.
  • To carry out research on human rights.
  • To publicise propositions and recommendations of the Commission through the media on the protection of human rights.
  • To visit Places of detention under the National Preventive Mechanism (N.P.M). The HRCM was appointed as the National Preventive Mechanism (N.P.M) on 28th April 2008 under the OPCAT which Maldives is a party to. The N.P.M makes monitoring visits to places under the jurisdiction and control of the state party where persons are or maybe deprived of their liberty, either by virtue of an order given by a public authority or at its instigation or with its consent or acquiescence.

Programmes and initiatives undertaken by the Human Rights Commission to protect the rights of persons with disabilities

  • The Maldives have signed the Convention on the Rights of all Persons with Disabilities in October 2007 but have not ratified the convention yet. The Commission sent a letter to the focal point ministry, Ministry of Health in the month of April encouraging for the speedy ratification of the convention. Presently the cabinet paper required for the ratification process has been prepared by the ministry and sent to the President’s Office to be submitted to the parliament.
  • The Commission attended a meeting held with the stakeholders on 3rd August 2009 to discuss on the Bill of Rights of person with disabilities. The Commission also proposed its comments to the bill. Some of the comments are:

-To include a member of the Civil Service Commission in the Council to protect the rights of the people with disabilities

-To include raising awareness on the rights of people with disabilities , to advocate the bill among the public and to monitor violation of rights of the people with disability as a responsibility of the Council

-To recognize and award individuals, organizations and NGOs working for the promotion and protection of the rights of people with disabilities

-To include an article stating that a person with a disability should not be discriminated from an able person in delivering the services of government institutions and that it is the responsibility of these institutions to maintain equality between people with disabilities and other able people.

-To provide easy access and arrangements on the roads for people with disabilities. For example, the commands of the traffic light to be auditory.

  • Since 2006 the commission received 5 cases relating to the infringement of disability rights out of which 4cases has been closed through mediation and conciliation with the relevant authorities and the remaining one is in progress.Out of the closed casesa complaint was that the allowance given for the blind people, Rf 500 was not adequate to meet their needs. Regarding this matter the commission met with the National Social Protection Agency and in the consequent months the government increased the allowance from Rf 500/- to Rf 1500/-.
  • Apart from the complaints process the Commission tracks cases of human rights violations through its recently established Human Rights Monitoring Mechanism. Till now the number of cases relating to persons with disability identified under the mechanism is 2. Each case recorded under the mechanism is reported to the Commission and necessaryactionsand measures are taken.
  • In the year 2007 the Human Rights Commission of the Maldives initiated the formulation of a National Human Rights Action Plan. The main objective of the Plan was to outline activities to implement the national policies under the 7th National Development Plan. The focal point agency for formulating the plan is the Department of National Planning. A draft plan has been formulated with the consultation from key ministries and agencies. The plan includes a chapter on Disability and specifies activities to protect and promote the rights of the disabled. Currently the finalization of the plan is at halt and the Commission encourages for the early finalization and adoption of the plan.
  • An assessment on the provision of services provided to the most disadvantaged groups commenced at the beginning of this year with the assistance of a local consultant. The objectives of the assessment includes to obtain a comprehensive indication of the activities that are being conducted to uphold and promote the rights of women, children, elderly people and people with disabilities as well as the contributions made by the government, non-government, private agencies and non-profit organizations. As soon as

the commission finalizes the report it have plans to hold a campaign to protect the rights of the above group based on the findings of the assessment

  • As raising awareness on human rights is one of the key functions of the Commission it holds awareness raising workshops every year for different target groups on basic human rights, the instruments which Maldives have signedincluding the Convention on the Rights of Persons with Disabilities and also on specific human rights instruments. This year the commission is focusing on CEDAW and CRC which would also highlight the component of people with disabilities.
  • In the month of June the Commission met with the Ministry of Health to increase andimprove the welfare schemes provided to the people. The ministry gave information that they are in the process of forming a committee to review the health and welfare policies and schemes. The HRCM will also be representing the committee.
  • Every year the NPM makes monitoring visit to the Home for People with Special Needs in K.Guraidhoo. After each visit a report is produced based on the visit and recommendations are made to the government on improving the conditions of the place visited. Since 2006 the commission has made 4 visits to the Guraidhoo center.

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23/09/09