The Human Rights Committee today concluded its consideration of the second periodic report of Maldives on how it implements the provisions of the International Covenant on Civil and Political Rights, with Committee Experts noting with satisfaction the enactment of legislation pertaining to children, while asking questions on the use of the death penalty and how the country was tackling climate change.
A Committee Expert said the Committee noted with satisfaction the enactment of the Juvenile Justice Act and the Child Rights Protection Act.
Another Expert asked what safeguards were in place to ensure that the enforcement of the death penalty met the requirements of the Covenant? For what crimes could someone be condemned to death? Did the Supreme Court have an obligation to uphold death penalties in certain crimes? To date, how many people were on death row? How long had they been on death row? For what crimes? Was the death penalty applicable for pregnant women?
A Committee Expert said climate change, warming atmospheres, and rising sea levels were matters of life and death for Maldives, where 80 per cent of the territory's surface was no more than one meter above sea level. A strategic action plan to combat climate change had been put in place with 2030 as a target. Had this plan been the subject of consultations with the population, especially the most vulnerable? Given that Maldives was the leading consumer of fish in the world per capita, were there plans to protect the country from overfishing, particularly by foreign factory ships? What was being done to protect green jobs and ensure the country only used renewable energy?
The delegation said the laws of Maldives mandated that the death penalty could only be applied in limited circumstances. Abolishing this punishment would undermine the Constitution. The death penalty had not been enforced in the country since 1954. Sixteen individuals had been handed death penalty sentences and four were on death row. All four individuals currently on death row were men and had been found guilty of intentional murder. The death penalty could not be carried out on women, or when a person's mental fitness was called into question. The use of the death penalty was prohibited for minors.
The delegation said Maldives was one of the countries contributing least to climate change but was one of the most impacted. Over the years, the State had enacted policies to reduce its carbon footprint, including through the implementation of the Climate Act 2021 and the Maldives Energy Act 2022. The Government was committed to increasing renewable energy to 33 per cent, establishing more biosphere reserves and nature parks, and planting five million trees. Maldives championed sustainable fishing practices such as pole and line fishing. Illegal and unregulated fishing was one of the focuses of maritime security.
Ahmed Usham, Attorney General of Maldives and head of delegation, introducing the report, said the State's resolute commitment to establishing a full-fledged democratic system was recently demonstrated in the successful presidential elections of 2023 and President Muizzu's landslide victory. On the first day of Government, the President established the Office for Civil Rights with a mandate of addressing complaints from individuals on issues of discrimination and violation of civil and political rights, and engaging with civil society organizations in promoting these rights. Since the submission of the report in 2022, Maldives had undertaken many legislative measures to enhance the protection of civil and political rights. Mr. Usham concluded by stating that Islam was vital to the Maldivian identity.
In concluding remarks, Mr. Usham said the Government extended its gratitude to the Committee for the constructive dialogue. The review period was marred with instability and as a small island State, Maldives continued to face the climate crisis. However, Maldives did not intend to use these as excuses and the State would not shy away from its responsibilities. Maldives would take action and enact new legislation on areas such as asset declaration, domestic violence, legal aid, juvenile justice, freedom of expression, and freedom of press, among others.
In her concluding remarks, Tania María Abdo Rocholl, Committee Chairperson, thanked everyone who had participated in the dialogue. The Committee had discussed many different issues relating to the rights enshrined in the Covenant. The Committee was committed to ensuring that the highest level of civil and political rights was achieved in Maldives.
The delegation of Maldives was made up of representatives of the Attorney General's Office; the President's Office; the Ministry of Homeland and Security and Technology; the Ministry of Foreign Affairs; the Ministry of Social and Family Development; the Ministry of Homeland Security and Technology; the Department of Judicial Administration; and the Permanent Mission of Maldives to the United Nations Office at Geneva.
The Human Rights Committee's one hundred and forty-first session is being held from 4 to 28 March 2024. All the documents relating to the Committee's work, including reports submitted by States parties, can be found on the session's webpage. Meeting summary releases can be found here. The webcast of the Committee's public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 3 p.m. this afternoon, Wednesday, 10 July, to begin its consideration of the fourth periodic report of Suriname (CCPR/C/SUR/4).
Report
The Committee has before it the second periodic report of Maldives (CCPR/C/MDV/2)
Presentation of Report
AHMED USHAM, Attorney General of Maldives and head of delegation, said this marked the first time that President Mohamed Muizzu's administration was appearing before a United Nations treaty body, since the administration assumed office in November last year. Maldives' second periodic report captured a decade of progress from July 2012 to February 2022. It was important to keep in mind the political instability that had seized Maldives during this period, which resulted in multiple changes to the Maldivian governance system, legislative framework and policy formulation.
The State's resolute commitment to establishing a full-fledged democratic system was recently demonstrated in the successful presidential elections of 2023 and President Muizzu's landslide victory. President Muizzu's manifesto was currently being translated into the Government's Strategic Action Plan, which would shape the overall development direction and milestones for the next five years. The Government was working on a 20-year National Development Plan, with a vision of transforming Maldives into a progressive, vibrant, inclusive and just society.
Meaningful engagement in the international community saw Maldives successfully compete for high posts in the international arena, including the Presidency of the United Nations General Assembly, the Human Rights Council, and the Subcommittee on the Prevention of Torture. During the reporting period, Maldives also acceded to the Optional Protocol to the International Covenant on Civil and Political Rights, and ratified the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, the Optional Protocol to the Convention on the Rights of the Child on a communications procedure, and most significantly, the Convention for the Protection of All Persons from Enforced Disappearance. In February 2020, Maldives withdrew reservations to the Convention on the Elimination of Discrimination against Women.
On the first day of Government, the President established the Office for Civil Rights with a mandate of addressing complaints from individuals on issues of discrimination and violation of civil and political rights, and engaging with civil society organizations in promoting these rights. To date, 51 complaints had been submitted and 18 complaints had been resolved by the Office. Since the submission of the report in 2022, Maldives had undertaken many legislative measures to enhance the protection of civil and political rights. These included the enactment of a new Associations Act, an Industrial Relations Act, and an Occupational Safety and Health Act. In the legal and justice sphere, the Evidence Act adopted in 2022 replaced the outdated law in place since 1976. Going forward, the Government had formulated its legislative agenda for the next five years, with a total of 213 bills identified.
Mental health was a primary focus of the Government, and plans were underway to introduce a bill on mental health and establish a specialised mental health hospital. The allowance for persons with disabilities was increased by 250 per cent and plans were underway to compile a register of people with disabilities, enlist community therapists, and build a state-of-the-art disability centre.
The Gender Equality Act marked a significant milestone in efforts to combat gender-based discrimination. As a first temporary special measure, the Government introduced a 33 per cent quota for women on local council seats and empowered women's development committees. Under the "14 Week Roadmap", the Government introduced a start-up loan scheme of 100 million Maldivian Rufiyaa dedicated for women, 25 per cent of which was reserved for women with disabilities.
During the reporting period, Maldives enacted the Child Rights Protection Act and the Juvenile Justice Act, bringing transformative changes to the entire child protection system in Maldives. Under the "14 Week Roadmap", the Government began the "Ufaavehi" programme, aiming to provide a family for each child under State care.
The Government would continue the regularisation programme for migrants, initiated in early 2019, to provide a pathway for undocumented workers to register within the system and transition to legal work. The Government enacted a new Maldives Police Service Act in 2020, introducing several much-needed reforms to the governance of police service, with a focus on human-rights centred policing.
Several efforts had been directed towards reducing overcrowding, addressing pre-trial detention, and improving the material condition of prisons. The Government planned to build a single prison complex to tackle these issues.
Hate speech was criminalised under the Penal Code of Maldives, and any reports of threats and harassment were thoroughly investigated by law enforcement.
Mr. Usham concluded by stating that Islam was vital to the Maldivian identity. Maldives was fully committed to executing obligations under all international human rights instruments, in a manner that did not contradict the Constitution. The challenges brought about by the COVID-19 pandemic, together with fiscal adversities, had impeded expedited realisation of the Government's commitments. The Government was working towards a better Maldives and looked to partners for understanding and support.
Questions by Committee Experts
A Committee Expert welcomed the large, high-level delegation of Maldives, which had a remarkable gender balance. Many improvements had occurred in Maldives since the last review. However, there were still issues which remained unchanged, as well as areas where shortcomings of the Government remained. It was important to address the practical implementation of domestic legislation. Events which occurred after 2022, such as the presidential elections, required the Committee to look at unforeseen issues.
The State party report referred to an impressive array of legislation for which Maldives should be commended. What was the status of the bills, including those on personal data protection, freedom of expression, right to strike, protection of vulnerable individuals, and legal aid, among others? Was the mechanism for follow-up now fully operational? What was the situation of the case of Humaam vs. Maldives? Was there a retrial of the case? Regarding the case of A.K vs. Maldives relating to the death sentence, was the death sentence squashed? Was the State considering incorporating the Covenant in its domestic legal order? If so, what was the timeline in this regard?
Did the State party plan to raise awareness of the Covenant among relevant State departments, members of the legal profession, and the public? In the case of conflict, would Sharia law prevail over Covenant provisions? How were the references to Islamic principles in line with the Covenant? The report clearly stated that Maldives did not intend to review its position regarding its reservation to article 18. Such a reservation seemed to be incompatible with the Covenant's objectives. How would the State party ensure that constitutional provisions that prohibited laws which could contravene tenets of Islam were not invoked to impose undue restrictions on rights and freedoms guaranteed under the Covenant?
Another Expert said the Human Rights Commission of Maldives was mandated to investigate and report on human rights violations and to secure appropriate redress. However, there were concerns about the Commission's independence stemming from the President's Office shortlisting Commissioner candidates, who were then appointed by Parliament. What was being done to ensure an independent appointment of Commissioners and build trust in the Commission? How was the identity of those providing evidence to the Commission protected? What steps would the State party take to establish an independent body to undertake unbiased forensic investigations and data collection? What measures were being taken to ensure sufficient and regular allocation of resources to the Commission so it could operate effectively? How would diversity among Commission members be ensured?
Corruption remained a significant problem in Maldives, with the country ranking 93 out of 180 on Transparency International's 2023 corruption perceptions index. Individuals charged with serious criminal offense had been appointed to high-level positions and State-owned corporations. How was it ensured that political appointees, judges and board members provided transparent, public declarations of their assets and income? Why were only two cases of corruption referred for investigations? What was being done to remove individuals charged with corruption from high-ranking positions? The State party had reported that the Marketing and Public Relations Corporation, a State-owned enterprise, was involved in funnelling more than 86.1 million United States dollars through private companies in tourist resort island deals. What efforts had been made to prevent corruption in the tourism industry? What were the weaknesses in the system and the actions being taken to deal with them?
The Committee was troubled by the prevalence of unsafe abortions in Maldives and the stigma surrounding reproductive care. This stigma led youth and unmarried women to resort to dangerous procedures, causing severe health complications and even death. How would the State party address this serious situation? What was being done to collect data on unsafe abortion? How was awareness on access to abortion being raised around Maldives? How was it ensured that the procedural and legal requirements for accessing abortion in cases of sexual abuse did not create barriers for victims? What measures were in place to protect women who sought abortion because of marital rape? What steps were being taken to improve access to safe and legal abortion for those who were most vulnerable?
Another Committee Expert asked about the measures Maldives had taken to address the pandemic. Did the law adopted on the public health emergency contain exceptional measures which derogated from the rights enshrined in the Covenant? What was done to ensure measures respected the principles of necessity and proportionality? What was done to ensure their impact did not infringe on the most marginalised? Were measures adopted to make up lack of income for the most vulnerable? Were vaccines made available to all without discrimination? Had the Emergency Health Act been rescinded?
The current Government had stated that the law on counter terrorism prevention was overused by the previous Government. The Committee welcomed the reformed law in 2019 which contained a terrorism definition more in tune with Security Council resolutions. Had any administrative or judicial decisions been handed down which clarified the concept of the new law? How many persons had been arrested or judged? Was the State intending to invite a United Nations expert to help the Government amend the law?
A Committee Expert asked what progress had been made in the legislative and regulatory field which had an impact on the population to combat discrimination? Maldives was not party to the two conventions on statelessness. As non-Muslims could not obtain nationality to the State party, did this perpetuate statelessness? Allegedly there was a high level of discrimination and stigmatisation towards lesbian, gay, bisexual, transgender and intersex persons. Could information be provided about measures taken to give effect to the Committee's recommendations on the decriminalisation of same-sex adult consenting relationships? What was being done to combat negative stereotypes portraying lesbian, gay, bisexual, transgender and intersex persons?
What safeguards were in place to ensure that the enforcements of the death penalty met the requirements of the Covenant? For what crimes could someone be condemned to death? Did the Supreme Court have an obligation to uphold death penalties in certain crimes? Would structures for hanging people in prisons be dismantled? To date, how many people were on death row? How long had they been on death row? For what crimes? Was the death penalty applicable for pregnant women? The Government of Maldives had reportedly announced its intention to re-establish the death penalty. What was the current status of the death penalty? Was the State party planning to organise a broad public consultation on the death penalty?
Another Expert said the gender equality policy was adopted in 2019. What did the policy consist of? What had been the results so far of the gender equality action plan? What was the current proportion of women in the executive, government and the judiciary? A significant backslide of women's participation in the government and ministries had been noted. Could the delegation clarify the statement that women could exercise rights on an equal footing with men, as long as Sharia was not contravened?
According to information received, domestic violence remained a grave problem and had even increased. A formal complaints mechanism had not yet been established in this regard. What measures had the State adopted to address and remedy this situation? Had the State planned any amendments to the Criminal Code to decriminalise adultery and extramarital relations? Would Maldives adopt measures to prohibit the practice of female genital mutilation? What measures had been adopted to combat violence against women and children? Would the State amend the law on sexual offences, with a view to reducing the excessive level of proof which the law imposed on women?
Responses by the Delegation
The delegation said the Evidence Act and the Associations Act had been enacted. The personal data protection bill had not been enacted but was included in the legislative agenda, as were the bills on freedom of expression and freedom of press, and the legal aid bill. An act on registrations of births and deaths had been enacted in Maldives. A mechanism for follow up was initially established in October 2020. This was a standing national structure which would coordinate the preparation of reports and engage with international human rights mechanisms. Maldives was working to increase the resources available to the mechanism and manage it in a more coordinated manner. In 2023, Humaam did apply to the Supreme Court for a review of his case. However due to an administrative issue, the Supreme Court decided not to review the case. As this was due to an administrative issue, he was still permitted to apply for a review of his case.
The State did not think it was necessary to enact a new law on the Covenant as it was covered under multiple legislations. The President established the oath of civil rights on the day of taking office. During the reporting period, different ministries and Government institutions had carried out awareness raising programmes. For example, the judiciary had carried out training on the Covenant. Moving forward, the Office for Civil Rights would come out with a concrete plan specifically related to awareness raising of Covenant rights. In most court cases, domestic legislation would prevail, and in most cases, this would not have been enacted if it contravened Islamic Sharia law. Regarding the reservation to the Covenant, the Government's position had not changed.
Over the last five years, 144 programmes had been targeted at judges and the judiciary, addressing topics such as judicial independence and the rule of law. In addition, programmes on gender-based violence and domestic violence were part of the continual education of judges. The Government was committed to strengthening the autonomy of the Human Rights Commission to ensure its compliance with the Paris Principles. There were no plans to amend the act on the Commission which required members of the Commission to be Muslim. Appointment of members was a comprehensive process which ensured a thorough vetting of applicants. The Government believed the process was transparent and objective. The Commission faced budgetary challenges and its budget had been increased to address this. The annual budget for each fiscal year was proposed by the Government and approved by the parliament.
Increasing transparency and accountability remained a priority of the Government. A web portal was launched early in the administration which functioned as a platform where the public could share their questions and concerns in writing. These questions would be directly shared with the President himself, so he could take action when necessary. Town hall forums would be held every two months where cabinet ministers would participate. The President himself would hold sessions every three months, enabling public participation.
In December 2023, the President inaugurated the National Anti-Corruption Academy which rolled out campaigns on preventing corruption and would provide training to government officials. Since December 2023, the Anti-Corruption Commission had been utilising the corruption risk self-assessment toolkit to detect risks and form mitigation plans. Since then, entities including Maldives Customs Services had commenced work to adopt the toolkit into their services. A fund was established to finance the Anti-Corruption Academy. It was mandatory for cabinet ministers to declare their assets annually.
A comprehensive complaints mechanism had been established within the Judicial Services Act. Whenever there was an allegation of corruption involved, the Commission would forward the case to the Anti-Corruption Commission for a criminal investigation to be carried out. Three cases of corruption had been sent to the Anti-Corruption Commission. In all three cases, a motion was filed for the removal of these judges. However, all three resigned before the removal process was completed.
All measures imposed to mitigate the COVID-19 pandemic were made public. Due to the nature of the situation, freedom of movement was restricted. However, these were carefully implemented, taking into account World Health Organization guidelines and best practices. Maldives had offered free vaccinations to everyone, including expatriates.
Changes had been brought to the law to align the definition of terrorism with relevant international instruments. The law was currently being enforced to hold perpetrator of acts of terrorism accountable. Maldives had extended a standing invitation to all mandate holders, and an official visit had been undertaken in 2022.
The report detailed specific legislation in place which outlined non-discrimination, including the Civil Procedure Act, which contained provisions on non-discrimination. The Maldivian population was largely homogenous. Non-Muslims could not become a citizen of Maldives, although the process of becoming a citizen had become simpler. Islamic faith was an integral tenet of Maldivian identity. Provisions contrary to Islamic law could not be incorporated into the Maldivian legal framework.
The Government had established a national centre to root out gender-based violence and provide assistance to survivors. The Ministry of Tourism had launched an initiative to increase women's participation in tourism. Training was provided to judges on gender-based violence, including on gender sensitisation. Women's representation in parliament was currently at 3.2 per cent. The Government acknowledged the low level of female representation in parliament. Actions were underway to improve the participation of women in decision-making, including training and activities to empower women and develop female leaders.
The family law was currently under review. The reform sought to identify gaps in the family system, including the Domestic Violence Act, and to propose areas for legislative reform to better protect women and children. Under the Government's gender equality plan, the judiciary had already surpassed the target set to be achieved by 2026. Female judges currently made-up 16 per cent of the judiciary. The first conference for women judges in Maldives was held in 2023, allowing women to form networks and share professional challenges. Efforts to minimise discrimination in hiring practices had been put in place, including for hiring panels.
The Government had plans to propose amendments to the Act on Domestic Violence, which would address issues which came up during the implementation of the Act. The Government would criminalise domestic violence as a specific offence, as well as female genital mutilation. The Government was committed to conducting training sessions for judges to avoid any misinterpretation which may occur. The Judicial Academy conducted necessary training programmes and equipped judges with the skills to incorporate a gender perspective. Training had been provided to more than 800 staff on domestic violence, including on the Domestic Violence Act, over the past five years.
The Penal Code prevailed over the ruling of 2013 and therefore, when a woman's life was at risk or if she was a victim of rape or incest, abortion was legal in this instance. The Government recognised the prevalence of unsafe abortions; mechanisms were in place to detect these practices and to provide safe alternatives at health care centres. Comprehensive sexual and reproductive health education was provided in the school system. The current procedures for cases involving the death penalty were more stringent; the guilt needed to be established beyond all doubt before implementation of that penalty. Legal aid was provided to those people who were accused in serious criminal cases and were unable to engage a lawyer. A State-funded lawyer was provided to any person facing the death penalty. The Penal Code of Maldives provided that the wilful murder of a person with a dangerous object was criminalised.
The laws of Maldives mandated that the death penalty could only be applied in limited circumstances. Abolishing this punishment would undermine the Constitution. The death penalty had not been enforced in the country since 1954. Sixteen individuals had been handed death penalty sentences and four were on death row. All four individuals currently on death row were men and had been found guilty of intentional murder. The death penalty could not be carried out on women, or when a person's mental fitness was called into question. The use of the death penalty was prohibited for minors. So far, one child who committed a crime which would have earned the death penalty as an adult, was sentenced to 16 years in prison. Maldives was unable to ratify the second Optional Protocol to the Covenant as it mandated abolishing the death penalty.
Questions by Committee Experts
A Committee Expert thanked the delegation for all the information on the upcoming bills which the State would undertake in coming months. The Expert thanked the delegation for the frankness of their answers. After 12 years, a lot of things had not changed in Maldives, which was regretful. The Expert understood the position concerning Islamic law, but this did not solve the issue of the implementation of the Covenant. Why would the State not incorporate the Covenant into domestic legislation? It would be important for the population of Maldives to include the Covenant in domestic courts.
