Distr.

GENERAL

CRC/C/15/Add.91
5 June 1998

Original: ENGLISH

Concluding Observations of the
Committee on the Rights of the Child : Maldives.
05/06/98.

CRC/C/15/Add.91.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE CHILD

Eighteenth
session

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER
ARTICLE 44 OF THE CONVENTION

Concluding observations of the
Committee on the
Rights of the Child:
Maldives

1. The Committee considered the initial report
of Maldives (CRC/C/8/Add.33 and 37) at its 468th to 470th meetings (see
CRC/C/SR.468-470), held on 28 and 29 May 1998, and adopted (At the 477th
meeting, held on 5 June 1998.) the following concluding
observations:

A. Introduction

2. The Committee
expresses its appreciation to the State party for the submission of its initial
reports and the written answers to the list of issues (CRC/C/Q/MAL.1). The
Committee is encouraged by the frank, self-critical and constructive dialogue
with the State party's delegation. The Committee also acknowledges the fact that
the presence of a high-ranking delegation directly involved in the
implementation of the Convention enabled it to assess the situation of the
rights of the child in the State party.

B. Positive aspects

3. The Committee
notes the enactment of the Law on the Protection of the Rights of the Child (Law
9/91), which constitutes a basis for the development of more comprehensive
legislation in this area.

4. The Committee welcomes the
establishment of the National Council for the Protection of the Rights of the
Child, in charge of monitoring the goals set by the National Plan of Action, as
well as the Unit for the Rights of the Child (URC) within the Ministry of
Women's Affairs and Social Welfare, in charge of the implementation of the
Convention in the State party.

C. Factors and difficulties impeding the implementation of
the Convention

5. The Committee takes note of the
particular nature of the State party, its geographical configuration comprising
1,190 islands, out of which only approximately 200 are inhabited, 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.

D. Principal subjects of concern

6.
The Committee is concerned that the reservations made to articles 14 and 21 of
the Convention by the State party may affect the implementation of the rights
guaranteed in these articles.

7. The Committee expresses its concern
regarding the need to harmonize fully the Law on the Protection of the Rights of
the Child (Law No. 9/91) and other domestic legislation with the principles and
provisions of the Convention, taking into account its holistic nature.

8.
Although the Committee is aware of existing coordinating mechanisms, it is
concerned at the insufficiently systematic and comprehensive, and also
disaggregated, quantitative and qualitative data-collection, for all areas
covered by the Convention, especially the most vulnerable groups of children,
such as children living in institutional care, girl children and children living
on isolated islands.

9. The Committee is concerned at 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.

10. With regard to article 4 of the Convention,
the Committee is concerned that the financial and human resources available for
the implementation of all the rights recognized by the Convention are
insufficient to ensure adequate progress in improving the situation of children
in the State party.

11. The Committee is concerned regarding the lack of
participation of civil society in designing and implementing policies and
programmes for children.

12. While recognizing the efforts of the State
party to disseminate the Convention and to train professionals working for and
with children on the provisions and principles of the Convention, as well as the
translation of the Convention into the Maldivian language (Dhivehi), the
Committee is of the view that these measures are still insufficient.

13.
The Committee is concerned at the lack of clarity on the status of children aged
between 16 and 18 years. In this regard, it is especially concerned by the low
minimum ages for marriage and criminal responsibility.

14. The Committee
is concerned that the State party does not appear to have fully taken into
account the provisions of the Convention, especially its general principles as
contained in its articles 2 (non-discrimination), 3 (best interests of the
child), 6 (right to life, survival and development) and 12 (respect for the
views of the child), in its legislation, its administrative and judicial
decisions, and in its policies and programmes relevant to children.

15.
With regard to the implementation of article 2, the Committee is concerned at
the insufficient measures adopted to ensure the full enjoyment by girl children
and children with disabilities of the rights recognized in the Convention. The
Committee is also concerned at the situation of children born out of wedlock,
especially with regard to their right to inheritance. Furthermore, the Committee
expresses its concern at the existing disparities between children living on the
capital island of Male and those living on remote islands.

16. While
aware of the efforts undertaken by the State party for the prevention of
ill-treatment of children, the Committee expresses its concern at the
insufficient awareness of and lack of information on ill-treatment and abuse,
including sexual abuse both within and outside the family, at the insufficient
legal protection measures, at the inappropriate resources, both financial and
human, as well as at the lack of adequately trained personnel to prevent and
combat such abuse. The insufficiency of rehabilitation measures for such
children and their limited access to justice are also matters of concern.

17. The Committee is concerned at the high rate of divorce - considered
among the highest in the world - in the State party and its possible negative
impact on children. The Committee is also concerned at the lack of research and
studies on the harmful consequences on children of divorces and early marriages
as well as the insufficient measures to create public awareness on the
detrimental effects of divorce.

18. The Committee expresses its concern
at the insufficient alternative care measures for children deprived of a family
environment.

19. Despite the State party's efforts in reducing the infant
mortality rate and increasing child immunization, the Committee is concerned at
the prevalence of malnutrition (stunting and iron deficiency) and high maternal
mortality rate, as well as the limited access to safe water and adequate
sanitation. The Committee is also concerned regarding 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, and
the insufficient preventive measures against HIV/AIDS. Furthermore, the
Committee expresses its concern at the insufficient measures to promote
breast-feeding of children, especially in health facilities.

20. With
regard to the situation of children with disabilities, the Committee expresses
its concern at the insufficient measures taken by the State party to ensure
effective access of these children to health, education and social services, and
to facilitate their full inclusion into society. The Committee is also concerned
about the small number of well-trained professionals working with and for
children with disabilities.

21. Although the Committee is aware of the
State party's achievements in the area of primary school enrolment, it remains
concerned at the fact that education is not compulsory by law, at the high
drop-out rate between primary and secondary school, at the shortage of trained
teachers, at the existing gender disparities in secondary school enrolments and
at disparities in the access to education between the capital and the atolls.

22. While the Committee is aware of the plans to establish a drug
rehabilitation unit, it expresses its concern at the insufficient measures
undertaken to address issues of drug abuse which are increasingly affecting
children in the State party.

23. The Committee expresses its concern at
the insufficient preventive measures, including legal ones, to avoid the
emergence of child labour and economic exploitation, including sexual
exploitation. The Committee is also concerned at the lack of preventive
measures, including legal ones, concerning child prostitution, child
pornography, trafficking and sale of children.

24. While the Committee
takes note that the administration of juvenile justice is regulated by the Penal
Code and the Law on the Protection of the Rights of the Child, it is concerned
about the full compatibility of such legislation with articles 37, 40 and 39 of
the Convention as well as other relevant standards, such as the United Nations
Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing
Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency
(the Riyadh Guidelines) and the United Nations Rules for the Protection of
Juveniles Deprived of their Liberty. Although the Committee is aware that
juvenile offenders aged up to 16 enjoy a special judicial procedure, it is
particularly concerned regarding the situation of those between 16 and 18 years,
who are considered as adults.

E. Suggestions and recommendations

25.
In the light of the Vienna Declaration and Programme of Action adopted by the
World Conference on Human Rights in June 1993, which encouraged States to
withdraw reservations to the Convention on the Rights of the Child, the
Committee recommends the State party to consider reviewing its reservations to
the Convention with a view to withdrawing them.

26. The Committee
recommends the State party to engage in a comprehensive reform of its
legislation, with a view to ensuring its full conformity with the principles and
provisions of the Convention.

27. The Committee encourages the State
party to accede to other major international human rights treaties, including
the International Covenant on Civil and Political Rights, the International
Covenant on Economic, Social and Cultural Rights, and the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which all
bear an impact on the rights of the child.

28. The Committee recommends
that the State party strengthen and extend the activities of the Coordinating
Committee on Children. It also recommends that the State party develop a
comprehensive system of collecting disaggregated data, in order to gather all
necessary information on the situation of children in the various areas covered
by the Convention, including children belonging to vulnerable groups. The
Committee encourages the State party to seek to this effect international
cooperation from, inter alia, UNICEF.

29. The Committee
encourages the State party to consider the establishment of an independent
mechanism to fully monitor the implementation of the Convention, especially for
the most vulnerable groups of society.

30. With regard to the
implementation of article 4 of the Convention, the Committee encourages the
State party to consider the possibility of seeking international cooperation for
additional resources to implement all the rights enshrined by the
Convention.

31. In order to enhance the partnership with all components
of the civil society in implementing the Convention, the Committee strongly
encourages the State party to facilitate the establishment of non-governmental
organizations dealing with children and to cooperate with them.

32. The
Committee encourages the State party to pursue its efforts for the dissemination
of the principles and provisions of the Convention and in providing training to
all professional groups working with and for children. The Committee suggests
that the State party seek assistance from, inter alia, the Office of the
High Commissioner for Human Rights and UNICEF in this regard.

33. The
Committee recommends that the State party raise the legal age of definition of
the child, which is currently set at 16 years. In this regard, the legal minimum
ages for marriage and criminal responsibility should be reviewed.

34. It
is the Committee's view that further efforts should be undertaken to ensure that
the general principles of the Convention (arts. 2, 3, 6 and 12) not only guide
policy discussions and decision-making, but are also appropriately reflected in
any judicial and administrative proceedings and in the development and
implementation of all projects, programmes and services which have an impact on
children.

35. The Committee recommends that the principle of
non-discrimination, as provided under article 2 of the Convention, be fully
implemented. A more proactive approach should be taken to eliminate
discrimination against the girl child, children with disabilities, children
living on remote islands, and children born out of wedlock. The Committee
encourages the State party to enact and implement its National Policy on Women,
which may bear a positive impact on the status of the girl child.

36. In
the light of article 19 of the Convention, the Committee recommends that the
State party take all appropriate measures to prevent and combat ill-treatment
within the family and sexual abuse of children. It suggests, inter alia,
that the authorities set up social programmes to prevent all types of child
abuse as well as to rehabilitate the child victims. Law enforcement should be
strengthened with respect to such crimes; adequate procedures and mechanisms to
deal with complaints of child abuse should be developed, such as special rules
of evidence, and special investigators or community focal points.

37. The
Committee recommends that the State party accelerate the enactment of its Family
Law. The Committee also recommends that the State party undertake research and
studies on the negative impact of family disruption on children as well as to
continue with its awareness-raising campaign on this issue. Furthermore, the
Committee recommends to the State party to improve counselling services for
parents.

38. In view of article 20 (3) of the Convention, the Committee
recommends that the State party give consideration to the establishment of
alternative care measures, such as kafalah, for children deprived of a
family environment.

39. The Committee recommends that the State party
promote adolescent health policies and programmes by, inter alia,
strengthening reproductive-health education and counselling services as well as
improving preventive measures to combat HIV/AIDS. The Committee further suggests
that a comprehensive and multidisciplinary study be undertaken to understand the
scope of the phenomenon of adolescent health problems, including the negative
impact of early marriages. The Committee also recommends that further efforts,
both financial and human, such as the development of counselling services for
both young people and their families, be undertaken for the prevention and care
of adolescents' health problems and for the rehabilitation of
victims.

40. In the light of the Standard Rules on the Equalization of
Opportunities for Persons with Disabilities (General Assembly resolution 48/96),
the Committee recommends that the State party develop early identification
programmes to prevent disabilities, implement alternative measures to the
institutionalization of children with disabilities, envisage awareness-raising
campaigns to reduce their discrimination, establish special education programmes
and centres, and encourage their inclusion in society. The Committee also
recommends to the State party to undertake research on the causes of
disabilities. The Committee further recommends to the State party to seek
technical cooperation for the training of professional staff working with and
for children with disabilities. International cooperation from, inter
alia, UNICEF and the World Health Organization (WHO) can be sought to this
effect.

41. With regard to article 28 of the Convention, the Committee
recommends the State party to make primary education compulsory and available
free to all, to improve the training of school teachers and the access to
education of the most vulnerable groups of children, including girl children and
children living on remote islands. The Committee recommends the State party to
consider seeking international assistance from, inter alia, UNICEF and
UNESCO.

42. The Committee recommends that preventive measures, including
legal reform, be taken to fully implement the provisions of article 32 of the
Convention and other related international instruments.

43. In light of
article 34 of the Convention, the Committee recommends that preventive measures,
including legal reform, be taken to prevent and combat the sexual exploitation
of children, including through pornography, prostitution, trafficking and
sale.

44. In the light of articles 24, 33 and 39 of the Convention, the
Committee recommends to the State party to strengthen its efforts to prevent and
combat drug and substance abuse among children, and to take all appropriate
measures, including public information campaigns in and outside the schools. It
also encourages the State party to support rehabilitation programmes for child
victims of drug and substance abuse. In this regard, the Committee encourages
the State party to consider seeking technical assistance from, inter
alia, UNICEF and the World Health Organization.

45. With regard to
the administration of juvenile justice, the Committee recommends that the State
party accelerate the adoption of special procedures for children to fully
integrate the provisions of the Convention, in particular articles 37, 40 and 39
as well as other relevant international standards in this area, such as the
Beijing Rules, the Riyadh Guidelines and the United Nations Rules for the
Protection of Juveniles Deprived of their Liberty in its legislation, laws,
policies, programmes and practices. In particular, the Committee recommends
special procedures for children aged between 16 and 18, who are currently
considered adults, to establish special courts for children and to review the
provision of legal counselling for children in care centres. Furthermore, the
Committee recommends to the State party to consider seeking international
assistance from, inter alia, the Office of the United Nations High
Commissioner for Human Rights, the Centre for International Crime Prevention,
the International Network on Juvenile Justice and UNICEF through the
Coordination Panel on Juvenile Justice.

46. Finally, in the light of
article 44, paragraph 6, of the Convention, the Committee recommends that the
initial report and written replies submitted by the State party be made widely
available to the public at large and that the publication of the report be
considered, along with the relevant summary records and concluding observations
adopted thereon by the Committee. Such a wide distribution should generate
debate and awareness of the Convention, its implementation and monitoring within
the Government, the Parliament and civil society.

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