30/8 Report of the Working Group on the Universal Periodic Review - Maldives

Human Rights Council Thirtieth session

Agenda item 6

Universal periodic review

Report of the Working Group on the Universal Periodic Review*

Maldives

* The annex to the present report is circulated as received.

Contents

Page

Introduction ...................................................................................................................................... 3

I. Summary of the proceedings of the review process ......................................................................... 3

A. Presentation by the State under review .................................................................................... 3

B. Interactive dialogue and responses by the State under review ................................................. 6

II. Conclusions and recommendations .................................................................................................. 13

Annex

Composition of the delegation ......................................................................................................... 29

Introduction

1. The Working Group on the Universal Periodic Review, established in accordance

with Human Rights Council resolution 5/1, held its twenty-second session from 4 to 15

May 2015. The review of Maldives was held at the 6th meeting, on 6 May 2015. The

delegation of Maldives was headed by the Minister of Foreign Affairs, Dunya Maumoon.

At its 10th meeting, held on 8 May 2015, the Working Group adopted the report on

Maldives.

2. On 13 January 2015, the Human Rights Council selected the following group of

rapporteurs (troika) to facilitate the review of Maldives: Argentina, France and India.

3. In accordance with paragraph 15 of the annex to Human Rights Council resolution

5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents

were issued for the review of Maldives:

(a) A national report (A/HRC/WG.6/22/MDV/1);

(b) A compilation prepared by the Office of the United Nations High

Commissioner for Human Rights (OHCHR) (A/HRC/WG.6/22/MDV/2);

(c) A summary prepared by OHCHR (A/HRC/WG.6/22/MDV/3).

4. A list of questions prepared in advance by Belgium, Canada, Germany, Mexico, the

Netherlands, Norway, Slovenia, Sweden, Switzerland, the United Kingdom of Great Britain

and Northern Ireland and the United States of America was transmitted to Maldives through

the troika. These questions are available on the extranet of the Working Group.

II. Summary of the proceedings of the review process

A. Presentation by the State under review

5. The head of the delegation noted that a sense of pride and responsibility defined the

Maldivian people, who were guided by that sentiment to craft their own story of progress, a

story of resilience that the Maldivians proudly referred to as “the Maldivian story”. A

significant part of the Maldivian story consisted of the country’s constructive partnerships

with international agencies and Governments that were serious in supporting positive

change in the country.

6. Maldives believed in the universality and equality of States under the universal

periodic review. In preparing for its review, Maldives followed a policy of inclusivity

through the standing committee on the review, which was led by the Ministry of Foreign

Affairs, with the support of the Attorney General’s Office.

7. Democratization began in 1932, with the first written Constitution and the

introduction of universal adult suffrage. The Constitution was significantly revised with the

reform agenda of 2004. A new Constitution was adopted in 2008, bringing about a

significant paradigm shift in society.

8. Fundamental rights, including freedom of expression, freedom of the media,

freedom from torture and other cruel, inhuman or degrading treatment or punishment and

freedom from forced labour, were guaranteed in the Constitution of 2008. They could not

be infringed, not even in a state of emergency.

9. Maldives had one of the most liberal interpretations of freedom of expression: it

placed no restrictions on freedom of the media, including online newspapers, ensuring the

safety of journalists. The Media Council and the Broadcasting Commission were tasked

with protecting freedom of expression. The challenge to the Government was to balance

that broad freedom with the guarantee of individual liberty.

10. In parallel to domestic reform, Maldives pursued an activist policy of promoting its

international human rights obligations. Since 2005, it has joined seven of the nine core

human rights conventions and five optional protocols, ratified the Rome Statute, eight

fundamental International Labour Organization conventions, issued a standing invitation to

all United Nations special procedures mandate holders and hosted six visits of rapporteurs.

11. Maldives had been a Muslim country for 800 years. Its social framework and

historic and traditional values, which had evolved over the decades, were intimately linked

to Islamic practices. Islamic values were part of the national identity and heritage, and

formed the basis of the Constitution and all Maldivian laws. Calls to introduce values and

practices that were contrary to the values of Islam, such as non-traditional forms of families

and those related to lesbian, gay, bisexual and transgender people, would not be entertained

by the people of Maldives. The basic belief in Islam as an integral part of the Maldivian

identity would not change, although the country continued to allow non-Maldivians to

practice their own faith in private.

12. The human rights policy of the President, Abdulla Yameen, was guided by the belief

that, although providing a basic framework, human rights were not just about international

instruments or pieces of law. Human rights was a matter of belief that needed to be

carefully cultivated and nurtured, and needed space and time to grow organically and

become valued and cherished traditions in the societies concerned.

13. The new school curriculum, which offered civic education in order to cultivate

values and belief in human rights, was an integral part of the successful story of the

education sector. Maldives offered free education up to the higher secondary level, free

textbooks and stationery, and free local and international exams.

14. Maldives had introduced universal health insurance for people of all socioeconomic

backgrounds. Its maternal and infant mortality rates were on par with those of developed

countries and well above the global average. Diseases that could be prevented through

vaccinations, such as neonatal tetanus, whooping cough, polio and diphtheria, were non-

existent; malaria had been successfully controlled for decades; the prevalence of HIV/AIDS

continued to be low; and there was sustained investment in improving the quality of access

to and delivery of health services.

15. Successive governments had adopted social housing schemes as the best way to

provide affordable housing to all. Over the past few years, the Government had built over

2,600 housing units, meeting the housing needs of over 17,000 people.

16. The Government had prioritized skills development and job creation for the youth.

Over the past 17 months, more than 7,000 jobs had been created and several skills

development programmes have been launched.

17. The Government believed in addressing the growing problems of drug abuse and

gang violence by empowering the youth. The enactment of the Drugs Act and the Anti-

Gang Violence Act provided the legal framework for dealing with those issues. A separate

court had been established under the Drugs Act, to hear drug related cases, and there was a

conscious shift in policy towards rehabilitation and the reintegration of addicts into society

through drug rehabilitation centres across the country. The Government had criminalized

gang violence and organized crime and moved rapidly to correct the infringement of human

rights through gang activities.

18. Maldives had always maintained a policy of moderation and openness, rejected all

forms of extremism and introversion, as well as radical interpretations of Islam, and

denounced and condemned terrorist activities in the name of Islam. The Government

announced that it had drafted an entirely new counter-terrorism and prevention bill that

would make it a serious criminal offence for Maldivians to take part in any kind of armed

activities overseas, except where the military or police officials operate under a formal

arrangement.

19. The Government was currently implementing a strategy aimed at increasing

awareness about the value of moderation, tolerance and the peaceful nature of Islam. It was

also targeting other practices associated with radicalism, including the limited instances of

underage marriage, forced marriage, non-vaccination of infants and lack of access to

schools for children, especially girls.

20. The Domestic Violence Prevention Act, the Prevention of Sexual Harassment and

Abuse Act and the Sexual Offences Act had strengthened the legal framework to protect

women, children and migrants from violence and sexual abuse. The gender equality bill,

which was currently in its final stages, once passed, would cement the national standards on

gender equality and confirm that the policies and the legal framework were consistent with

the Convention on the Elimination of All Forms of Discrimination against Women. The

Disability Act had boosted the protection and rights afforded to persons with disabilities,

giving them access to financial assistance, establishing regulations on minimum standards

and the identification of persons with disabilities and making room for affirmative action,

including in respect of access to gainful employment.

21. The Anti-Human Trafficking Act represented a milestone in combating trafficking,

especially by affording protection to the large number of migrant workers in the country

from exploitation. The National Action Plan to Combat Trafficking in Persons 2015–2019

had been finalized. The Government announced that on 27 April 2015 Parliament had

approved accession to the Protocol to Prevent, Suppress and Punish Trafficking in Persons,

Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime.

22. Maldivian women had had the constitutional right to vote since 1932. They also had

equal pay, paid maternity leave and the same access to education and employment

opportunities. The Government was concentrating on making women economically

empowered by introducing targeted microloans, single mother benefits, home-based

employment opportunities and day-care facilities. The Government aimed to empower

women to become more productive citizens, in whatever capacity they chose for

themselves, free from coercion or social pressure.

23. The progress that Maldives had made in the areas of governance and social and

economic development could be fully realized and sustained over time by creating the

necessary enabling institutions. Political tensions had arisen because the speed of

institutional development had been slow and the institutional shape and structure

envisioned in the Constitution was still not complete; the gap between socioeconomic

growth and the emergence of strong political institutions had not yet been entirely filled.

24. The President’s comprehensive strategy for democracy consolidation aimed at

transforming Maldivian society into a political community that was able to forge an

overwhelming consensus on the acceptability of the political system.

25. A significant component of the democracy consolidation strategy was the justice

sector strategic action plan, which recognized the judiciary’s continuous efforts to improve

access to and the effectiveness and functioning of the system. The new Penal Code would

play a pivotal role in achieving those targets. A legal profession bill was being drafted to

implement the Basic Principles on the Role of Lawyers. Several key pieces of legislation,

such as the Anti-Torture Act, the Prison and Parole Act, the Anti-Money-Laundering and

Terrorism Financing Act and the Extradition, Mutual Legal Assistance on Criminal Matters

and Transfer of Prisoners Act, had been passed and were expected to enhance the

effectiveness of the delivery of services in the justice sector. Maldives was continuously

working with international human rights mechanisms with the aim of training and building

the capacity of judges so as to encourage the growth of the judiciary into an arm of the

State that was strong, robust and enjoyed strong public support.

26. The progress achieved, within only 10 years, was by any measure remarkable.

Among the many remaining challenges was the incredibly high economic cost of bringing

the systemic changes envisioned in the 2008 Constitution and the speed of the change,

which had not given adequate time for the country to develop a pool of human resources

capable of transforming the changes into social norms. Those challenges had been further

heightened by the fact that Maldivian democracy was “growing up” under the international

spotlight.

27. While the Government appreciated the well-meaning and well-intended

commentaries and the valuable advice, it called upon States to not only criticize but also to

invest in bringing about meaningful change. Meaningful democratic change could not be

imposed and could only be sustained if change was locally owned, locally driven and

locally shaped. It was also important to let democratic institutions have the space and the

independence to grow organically.

B. Interactive dialogue and responses by the State under review

28. During the interactive dialogue, 102 delegations made statements.

Recommendations made during the dialogue can be found in section II of the present

report.

29. Mauritius welcomed achievements in education, health and housing, the new

Ministry of Law and Gender and the law against domestic violence.

30. Mexico recognized the cooperation of Maldives with human rights mechanisms and

hoped for the strengthening of the independence of the Human Rights Commission and

actions addressing drug abuse.

31. Montenegro commended efforts to combat child, early and forced marriages and

trafficking, and asked about measures to combat corporal punishment.

32. Morocco appreciated improved access to education, housing and health care and

welcomed measures for the empowerment of women.

33. Namibia acknowledged challenges facing Maldives owing to the dispersal of the

population over a vast geographic area and admired the advancement to developing country

status.

34. Nepal noted remarkable progress in development, including in curbing infant and

maternal mortality, and the challenges of religious extremism and high drug abuse.

35. Netherlands appreciated positive amendments to key legislation but was concerned

that many recommendations from the first universal periodic review remained to be

implemented.

36. New Zealand was concerned about recent trends in relation to freedom of

expression, fair trials and the independence of the judiciary.

37. Nicaragua noted improvements made to universal access to rights to education,

health, housing and justice, especially for vulnerable groups.

38. The Niger noted the important contribution made by Maldives to the Human Rights

Council, the many ratifications and the initiatives for migrant workers.

39. Nigeria commended achievements in health, housing and education and the

strengthened legislative framework on human rights.

40. Norway raised concerns, including on the lack of respect for a fair trial and due

process, and urged the reversal of trends undermining democratic principles.

41. Oman commended efforts to promote and protect human rights, especially for

minors, and the training of law enforcement officials.

42. Pakistan commended efforts to modernize national legislation and strengthen the

legal framework to promote and protect human rights.

43. Paraguay noted advances, such as criminalizing martial rape, but remained

concerned at acts of gender discrimination and discrimination based on religion.

44. Peru emphasized such advances as the Social Health Insurance Act introducing

universal health care and ratification of the Rome Statute.

45. Philippines commended the rights-based approach to climate change and disaster

risk reduction and the new law against sexual abuse, including marital rape.

46. Portugal welcomed the signing of the Rome Statute and shared the concerns of

Maldives regarding displacement due to environmental causes.

47. Qatar appreciated legislation and policies on education, health, housing, persons

with disabilities, the protection of women and children and the prevention of trafficking.

48. The Republic of Korea noted efforts to protect vulnerable groups with the Domestic

Violence Prevention Act and the draft child rights bill.

49. The Republic of Moldova welcomed measures against child, early and forced

marriage and asked about the study on child sexual exploitation.

50. The Russian Federation welcomed the reforms in the area of criminal justice,

including the adoption of the Criminal Code.

51. Rwanda commended progress achieved in health and the provision of free education

and affordable and safe housing.

52. Saudi Arabia commended the ratification of treaties, protocols and ILO conventions

and efforts for polio eradication, free education and adequate housing and against domestic

violence.

53. Senegal welcomed the ratification of the fundamental ILO conventions, visits of

United Nations mandate holders and major progress in education, health, housing and

women’s rights.

54. Seychelles commended the great steps taken towards a human rights-based approach

to protecting the environment and combating climate change.

55. Sierra Leone appreciated universal health care, free education and the Anti-Torture

Act, urged greater protection for migrant workers and human rights defenders and called

for climate change adaptation assistance.

56. Singapore welcomed the commitment to promote health services and to eliminate

discrimination and violence against women.

57. Slovenia welcomed criminalization of domestic violence and marital rape, hoped for

ratification of the Optional Protocol to the International Covenant on Economic, Social and

Cultural Rights and the Optional Protocol to the Convention on the Rights of the Child on a

communications procedure and was concerned at limitations on freedoms, improper

functioning of the judiciary and impunity.

58. Spain praised progress in the new Criminal Code but was concerned about the

application of the death penalty to minors.

59. Sri Lanka noted progress since the Constitution was enacted in 2008 and stressed the

importance of upholding the rule of law and observing due process at all times.

60. Maldives accepted 89 of some 126 recommendations from the first cycle of the

universal periodic review and said that it was able to fully implement 58 of the accepted

recommendations and had partially implemented 32 recommendations.

61. Maldives stated that its susceptibility to climate change and adverse impacts was a

hindrance to the full enjoyment of human rights including the right to adequate housing and

to development gains achieved over decades. On climate change the Government took a

rights-based approach aiming at supporting livelihoods and communities struggling to

adapt to climate change.

62. Maldives clarified that under the Human Rights Commission Act 2006 and

subsequent amendments in 2014, Commission members and staff enjoyed immunity from

prosecution or complaint for acts carried out in good faith within the purview of their

functions. Pointing to issues relating to the suo motu application filed against the members

of the Commission in 2014, Maldives deemed it inappropriate to comment just yet since the

matter had yet to be decided.

63. Regarding challenges faced by local civil society organizations, the Government had

already identified many shortcomings in the 2003 Societies Act and proposed revising the

law, including by moving the political office of the Registrar of Societies to one of the

independent statutory standing offices appointed by Parliament.

64. Maldives stated that migration was a key issue of concern and a continuous

challenge for the Government. The Constitution did not discriminate against migrants in

relation to their entitlement to just and safe conditions of work, fair wages and equal

remuneration, regardless of the person’s nationality, race or religion, nor did the 2008

Employment Act. However, a difference did exist where a migrant worker’s employment

was terminated, as the almost immediate revocation of the employment visa created a huge

barrier to recourse before the employment tribunal.

65. The State of Palestine welcomed the implementation of recommendations from the

first cycle, particularly on child rights, the right to education and the rights of persons with

disabilities.

66. Sudan commended the constructive engagement with international human rights

mechanisms, the standing invitation to special procedures and the hosting of visits.

67. Sweden noted reported steps to combat discrimination and violence against women

and warnings of deterioration in the independence of the justice system.

68. Switzerland expressed concern about shortcomings in the judicial system and about

the deteriorating situation with respect to freedom of expression and intimidation of the

national human rights institution.

69. Thailand encouraged continued engagement with the national Human Rights

Commission, civil society and the international community, and welcomed free education

and universal health care.

70. Timor-Leste welcomed the enactment of legislation against domestic violence and

the constitutional prohibition of racial discrimination.

71. Trinidad and Tobago congratulated Maldives on its fiftieth anniversary of

independence, which offered an opportunity to reflect on the role of human rights in

consolidating democracy, and acknowledged the new ministry, climate change and

education policies.

72. Tunisia noted the progress achieved, highlighting the ratification of international

human rights instruments, including the Rome Statute.

73. Turkey welcomed improvements in education, housing and health care, as well as

steps taken to combat human trafficking, and encouraged strengthened efforts regarding

women’s rights.

74. Turkmenistan welcomed the measures to strengthen the national institutional

infrastructure for promoting human rights.

75. Ukraine commended the adoption of anti-trafficking and domestic violence laws and

encouraged Maldives to continue its active stance in the Human Rights Council, including

in preventing human rights violations.

76. The United Arab Emirates commended progress in free education, respect of the

principle of equality before the law and equal judicial protection in compliance with the

obligations of Maldives.

77. The United Kingdom welcomed legislative progress, remained concerned about the

death penalty, corporal punishment, due process and the arrest of opposition leaders, and

urged restraint and dialogue by all parties and the Government.

78. The United States was concerned that recent developments called into question the

independence and impartiality of the judiciary, about the use of politically motivated

prosecutions against critics, that non-Muslims cannot become citizens and at the lack of

laws to implement labour rights.

79. Uruguay highlighted measures to implement recommendations accepted during the

first review, including ratification of the fundamental ILO conventions.

80. Uzbekistan welcomed the legislative and institutional improvements, accession to

treaties and cooperation with OHCHR, treaty bodies and special procedures.

81. The Bolivarian Republic of Venezuela appreciated the challenges related to

geography and climate change and commended free education and social housing. It

appealed for a resumption of political dialogue involving all stakeholders to bring about

peace, and efforts to achieve national reconciliation.

82. Viet Nam welcomed the remarkable progress made in the areas of education,

housing, health care, access to justice, women’s rights and the rights of the child.

83. Yemen noted measures taken to strengthen the criminal justice sector and to join a

number of international treaties and protocols.

84. Afghanistan appreciated enhanced educational programmes and the “No child left

behind” policy.

85. Albania noted progress in the adoption of the Domestic Violence Prevention Act and

the Prevention of Sexual Harassment and Abuse Act.

86. Algeria welcomed the adoption of the law against domestic violence and efforts to

adopt a law on the elimination of racial discrimination.

87. Angola was pleased by the many ratifications and the acceptance of special

procedure mandate holders’ visits.

88. Argentina welcomed efforts in the area of gender, including the adoption of the

Domestic Violence Prevention Act.

89. Australia expressed concern at the conduct of the trial of former President Mohamed

Nasheed, the subsequent unrest and the death penalty regulations. Australia commended

progress on domestic violence.

90. Azerbaijan appreciated Maldives’ graduation from least developed country status

and noted the recent OHCHR visit as demonstrating the importance attached to United

Nations mechanisms.

91. Bahrain commended steps taken in the education field and in ensuring that local and

international exams were free of charge.

92. Bangladesh welcomed measures to safeguard women and children’s rights,

acknowledged the impact of climate change, noted family breakdowns compelling youth to

join gangs and hoped for success in strengthening democracy, the rule of law and an

independent judiciary.

93. Barbados noted gains in protecting the rights of vulnerable groups and climate

change challenges and encouraged Maldives to continue to fully implement accepted

recommendations and human rights cooperation.

94. Replying to the advance questions and recommendations made regarding

enforcement of the practice of flogging and of the death penalty, Maldives wished to ensure

all partners that it remained committed to strengthening the legislative and judicial

framework involved in cases of flogging, informed them that the Government remained

dedicated to further strengthening those systems and processes and looked forward to any

kind of support from partners. Similarly, with regard to the enforcement of the death

penalty, Maldives stated that such punishment would not be resorted to unless it was

endorsed by all court tiers and was in line with all regulations and procedures.

95. Belgium welcomed efforts to follow-up on the outcome of the first universal

periodic review and hoped for increased space in the future for a free civil society and

media.

96. Bhutan noted initiatives in education, gender equality and bringing climate change

issues to the international forefront.

97. Botswana commended enactment of acts for the protection of women, noted

challenges in addressing climate change and expressed concern at reports of trafficking, as

well as at the inadequacy, judicial interference and politicization of the Judicial Service

Commission.

98. Brazil congratulated enactment of acts to prevent domestic violence, sexual

offences, harassment and abuse and the commitment to submitting a gender equality bill.

99. Brunei Darussalam commended progress in promoting women’s empowerment and

pledges to ensure housing.

100. Cabo Verde noted positive policies on free education, universal health care, social

housing and climate change and the Government’s determination to consolidate democracy.

101. Canada made recommendations.

102. Chad noted climate change challenges and encouraged the international community

to assist in resolving them.

103. Chile valued progress, particularly in ratifying international human rights treaties,

improving legislation and implementing programmes.

104. China welcomed measures on free education, housing and universal health coverage

and for combating violence sexual exploitation and trafficking, and Maldives’ willingness

to strengthen the criminal justice system.

105. Costa Rica recognized progress in the implementation of recommendations and the

midterm report submitted in 2013.

106. Côte d’Ivoire welcomed cooperation with international mechanisms and encouraged

strengthened measures to combat religious discrimination and violence against vulnerable

groups and to promote gender equality.

107. Croatia welcomed the emphasis on mainstreaming human rights values and

encouraged continued work to ensure the full and equal enjoyment of all human rights for

all without distinction.

108. Cuba recognized the progress made, including through the Anti-Torture Act, free

education and universal health care, and challenges in consolidating the democratic process.

It agreed on the need for the international community to cooperate with the Government to

achieve the objectives it had set.

109. The Democratic Republic of the Congo identified the need for policies to combat

racial and religious discrimination and eliminate female genital mutilation.

110. Denmark expressed concern about the irregularities of the court case against former

President Nasheed, which put into question judicial independence.

111. Ecuador recognized the importance that Maldives attached to the contribution of

parliaments to the implementation of the universal periodic review recommendations and

welcomed the Social Security Act.

112. Egypt commended the accomplishments, including in health, social housing,

education and women’s rights, and acknowledged that national ownership was needed for

democratic consolidation.

113. Equatorial Guinea, in this golden jubilee year, welcomed the remarkable progress in

expanding access to education, reducing inequality and empowering youth.

114. Ethiopia commended progress in education and housing and the commitments to

address inequality and protect religious minorities to worship freely.

115. Fiji noted many similar challenges faced in the context of democratic transition,

meeting constitutional obligations in line with human rights and climate change.

116. France commended the ratification of the Rome Statute but deplored that the judicial

system did not allow for fair and just trials to be held.

117. Germany welcomed passage of the anti-torture and anti-human trafficking acts but

was concerned at reported human rights violations, which contributed to a climate of

growing fear and reduced space for public discussion.

118. Ghana welcomed such achievements as the draft bill on gender equality but was

concerned at the case initiated by the Supreme Court against the Human Rights

Commission and called for that decision to be rescinded.

119. Greece appreciated the recent ratifications, the adoption of the anti-torture and right

to information acts and the draft gender equality law, which sought to increase compliance

with the Convention on the Elimination of All Forms of Discrimination against Women.

120. Honduras commended efforts to strengthen the institutional and democratic

framework, including the establishment of the Human Rights Commission.

121. India referred to the importance of adhering to due process, safeguarding the space

for legitimate political dissent, scrutinizing the exploitation of migrant workers and

reinforcing efforts to address drug addiction, gang violence and organized crime.

122. Indonesia hoped that democracy consolidation integrated with respect for human

rights would continue and take root and noted migration as a remaining challenge.

123. Iraq welcomed the adoption of legislation and its harmonization with international

commitments, cooperation with special procedures, ratifications and policies on education.

124. Ireland expressed concern about deteriorating respect for the rule of law and the

independence of the judiciary.

125. Italy welcomed progress in education and health, development achievements and

engagement in strengthening the judiciary.

126. Jordan appreciated the enactment of the education and disability acts, ratifications

and the strengthening of the Human Rights Commission.

127. Kazakhstan appreciated measures to combat gender-based violence and to

strengthen legislation, including for protecting disabled persons and trafficking victims.

128. Kenya welcomed enhanced social protection and services, the achievement of

Millennium Development Goals 4–6 and ratifications, and noted concerning challenges in

the administration of justice and the rule of law.

129. Kuwait commended adoption of policies to promote human rights and equality and

the invitation to mandate holders to visit Maldives.

130. Latvia welcomed efforts to address human rights in collaboration with mandate

holders, including challenges related to judicial independence, women’s and children’s

rights and a safe and enabling environment for civil society and journalists.

131. Lebanon welcomed the adoption of the anti-human trafficking and anti-torture acts.

132. Libya commended the positive interaction with human rights mechanisms and the

adoption of legislation against violence and human trafficking and in favour of access to

information.

133. Liechtenstein acknowledged the commitment to international justice but remained

concerned at reported barriers faced by women in accessing justice.

134. Madagascar observed significant progress in social protection, employment, access

to health care and free education.

135. Malaysia acknowledged efforts to strengthen legislative measures to combat

violence against women.

136. Mauritania appreciated improvements to the legal framework, ratifications and

timely reporting.

137. Maldives reiterated that criticism of the trial and sentencing of former President

Nasheed for the abduction or enforced disappearance of a sitting judge in 2012 has focused

on the process and not on the merits of the case. The case had highlighted the profound

need to bring urgent reforms to the judiciary as identified in the 2004 reform agenda. While

the Criminal Code had been adopted, remaining legislation, such as the criminal procedure

code, was still with Parliament. In the spirit of showing maximum transparency, the

Government invited OHCHR, the Commonwealth Secretariat and the European Union to

observe the appeal process. Maldives stated that immediately after the Government had sent

out those invitations, the former President announced his decision not to appeal his case.

138. Regarding the issue of the recent demonstrations held in Malé and organized by the

Adhaalath Party, a religious party, the delegation reiterated that the protests had become

violent when the organizers confronted and physically assaulted the police. The Maldives

Police Service did not use excessive or deadly force.

139. In recognition of many concerns raised, the Government would make every effort to

further strengthen the judiciary. The Government was working closely with its partners,

such as the Commonwealth Secretariat, in examining some of the specific aspects of the

constitutional structure with a view to instituting a comprehensive review. Extensive work

was also being done with such partners as the United Nations Development Programme in

developing a curriculum for the judicial training institute to be established next year. To

complement those reforms, the Attorney-General’s office, through its strategic action plan

of 2014, has already identified the need for more legislation, such as a legal profession act,

to enable the establishment of an independent bar association.

140. Maldives thanked all delegations for their statements, comments and

recommendations. Full note had been taken of them and they would be given maximum

consideration.

II. Conclusions and recommendations

141. The recommendations formulated during the interactive dialogue and listed

below have been examined by Maldives and enjoy its support:

141.1 Continue strengthening the legislative framework for the promotion

and protection of human rights for all people in the country in accordance with

international human rights obligations (Croatia);

141.2 Continue strengthening the legislative framework on human rights

(Sudan);

141.3 Continue working on the harmonization of its domestic normative

framework with its international obligations to which it is a State party, taking

into account the recommendations made by treaty bodies and special

procedures mandate holders (Nicaragua);

141.4 Continue its efforts to build the necessary capacities for the

incorporation of human rights in the democratic reform processes and the

application of the Constitution (Honduras);

141.5 Ensure the independence of the Human Rights Commission, the

Election Commission and the Office of the Auditor General (Norway);

141.6 Continue strengthening national human rights institutions and

mechanisms (Nepal);

141.7 Continue measures aimed at strengthening the capacity of national

human rights protection mechanisms (Uzbekistan);

141.8 Work towards disseminating a culture of human rights and national

capacity-building through the development of strategies and plans and seek to

implement them in cooperation with the relevant United Nations mechanisms

(Qatar);

**

Conclusions and recommendations have not been edited.

141.9 Continue efforts in the field of human rights education and training

(Morocco);

141.10 Increase efforts to develop the education system in the field of human

rights and further promote a human rights culture in society (Uzbekistan);

141.11 Continue its efforts to enhance capacity-building for law enforcement

officials in the area of human rights (United Arab Emirates);

141.12 Strengthen its training and capacity-building programme in the area

of human rights for law enforcement officials (Malaysia);

141.13 Promote a culture of respect for human rights at all levels of society

(Sudan);

141.14 Consider identifying priority sectors where Maldives faces a lack of

trained and qualified professionals and seek technical and capacity-building

assistance from the international community (Seychelles);

141.15 Seek all forms of technical and logistical assistance in order to

strengthen the situation of human rights in the country (Iraq);1

141.16 Consider developing a system to follow up on international

recommendations, including universal periodic review recommendations

(Paraguay);

141.17 Pursue cooperation with human rights mechanisms (Equatorial

Guinea);

141.18 Continue cooperation with international human rights mechanisms

(Côte d’Ivoire);

141.19 Continue active cooperation with human rights mechanisms

(Azerbaijan);

141.20 Ensure that all civil society actors, as well as the Human Rights

Commission, can carry out their activities, including participating in

international mechanisms, without being subjected to reprisal (Switzerland);

141.21 Further promote and protect the rights of vulnerable groups of the

population, including children, persons with disabilities, women and older

persons (Russian Federation);

141.22 Ratify the Convention on the Rights of the Child (Madagascar);

141.23 Continue promoting and protecting the rights of children (Oman);

141.24 Consolidate measures taken to protect and promote the rights of

children (Equatorial Guinea);

141.25 Further strengthen the child rights protection system by bringing the

national legislation in line with the provisions of the Convention on the Rights

of the Child (Kazakhstan);

141.26 Complete the adoption of the new children’s act in line with the

obligations of Maldives under the Convention on the Rights of the Child

(Qatar);

1 The recommendation as read out during the interactive dialogue: “Provide all forms of technical and

logistic assistance to the Maldives in order to strengthen the situation of human rights in the country”.

141.27 Complete the enactment of the draft child protection act and

incorporate in the act provisions to counter child, early and forced marriage

(Republic of Moldova);

141.28 Enact the draft child protection act and ensure its compatibility with

the respective obligations under the Convention on the Rights of the Child, and

strengthen cooperation with relevant national stakeholders in the area of

eliminating child abuse and victims’ rehabilitation (Egypt);

141.29 Complete the enactment of the draft child protection act (Jordan);

141.30 Complete the process of adoption of the child protection act

(Lebanon);

141.31 Complete the enactment of the draft child protection act in line with

the Convention on the Rights of the Child by including provisions to counter

child, early and forced marriage (Latvia);

141.32 Strengthen efforts to eliminate out-of-court as well as child marriages

(Turkey);

141.33 Allocate sufficient resources for the implementation of the national

action plan towards the well-being of the Maldivian child 2001–2010 (Timor-

Leste);

141.34 Establish gender equality legislation to better protect the rights of

women and girls (Sierra Leone);

141.35 Continue working for the enactment into law of the gender equality

bill (Philippines);

141.36 Continue to prioritize the enactment of a gender equality bill with a

view to combating comprehensively all forms of discrimination against women

(Singapore);

141.37 Expedite the process to pass the draft gender equality law and to

establish clear policies on gender equality and the implementation framework

(Namibia);

141.38 Adopt the gender equality bill within the time frame (Turkey);

141.39 Accelerate the passage of the gender equality bill (Nigeria);

141.40 Continue work on enacting a gender equality bill, as an important

step to improve the country’s legislation on non-discrimination and gender

equality (Albania);

141.41 Expedite its efforts towards the enactment of the gender equality

legislation and set up appropriate mechanisms for its implementation

(Mauritius);

141.42 Ensure the application of existing laws, in particular those on the

protection of the rights of women (France);

141.43 Enhance awareness of women’s rights and disseminate information

on the remedies available to those who claim violations of their rights

(Liechtenstein);

141.44 Continue implementing the priorities set for the promotion and

protection of women’s rights in the country (Brunei Darussalam);

141.45 Continue its efforts in the field of women’s rights protection

(Kazakhstan);

141.46 Take measures to foster the participation of women in all sectors of

the society on the basis of a gender equality policy, including through the

application of affirmative actions and quotas (Costa Rica);

141.47 Continue improving national legislation in order to ensure equality

between women and men on the basis of the principle of non-discrimination

(Russian Federation);

141.48 Take further measures for the promotion of gender equality and

women’s rights, ensuring women’s participation and gender responsiveness

within the policies of the Government and other agencies (Sri Lanka);

141.49 Continue to further promote gender equality in the country, in

particular through education and capacity-building activities (Viet Nam);

141.50 Eliminate all forms of discrimination against women, in particular

discrimination against divorced women and widows, so that they can

participate in the economic and political life of their country (Angola);

141.51 Improve the family law in order to develop the rights of women

(Lebanon);

141.52 Give stronger support to government measures for the empowerment

of women (Cuba);

141.53 Continue to take steps for economic and political empowerment of

women (Pakistan);

141.54 Promote leadership of women by enacting the pending gender

equality bill and ensuring its early implementation (Fiji);

141.55 Take measures to eradicate traditional stereotypes of women,

especially through educational programmes and the enactment of legislation on

domestic violence and all forms of sexual violence (Bhutan);

141.56 Establish and enforce explicit legal protection against female genital

mutilation (Slovenia);

141.57 Take measures to eradicate traditional stereotypes of women,

especially through educational programmes, and enact legislation on domestic

violence (Portugal);

141.58 Take concrete measures to implement the Domestic Violence

Prevention Act (Jordan);

141.59 Develop statistics on cases of gender-based violence and analyse why

many women do not to denounce abuses (Spain);

141.60 Implement stronger complaints and prosecution mechanisms for

survivors of domestic violence, and improved services, including the provision

of more shelters (Australia);

141.61 Continue deploying efforts aimed at preventing and punishing all

forms of violence against women and girls and further consolidate female

representation in executive and decision-making positions (Peru);

141.62 Institutionalize systematic training and capacity-building to prevent,

respond and monitor gender-based violence (Portugal);

141.63 Continue strengthening plans and programmes with a view to

eradicating domestic violence, especially against women, girls and boys (Chile);

141.64 Strengthen its Domestic Violence Prevention Act with a view to

ending domestic and sexual violence against women and children (Nigeria);

141.65 Train police and medical staff to identify and classify violence within

the family avoiding victims stigmatization (Mexico);

141.66 Expeditiously implement the Anti-Human Trafficking Act and

provide facilities and necessary assistance to the victims, in particular women

and children (Sri Lanka);

141.67 Continue to implement the National Action Plan to Combat

Trafficking in Persons 2015–2019 (Pakistan);

141.68 Continue combating trafficking in persons (Senegal);

141.69 Continue efforts for the full implementation of the Anti-Human

Trafficking Act, in order to identify child victims of trafficking and provide

legal assistance to them (Albania);

141.70 Implement the anti-trafficking law by investigating all cases of

human trafficking (Botswana);

141.71 Take concrete steps to reduce violence targeting foreigners and

investigate, prosecute and punish perpetrators of violent attacks (Canada);

141.72 Put in place measures for the safety and security of foreign workers

and effectively implement the Anti-Human Trafficking Act (India);

141.73 Proceed in providing effective protection for the family as the natural

and fundamental unit of society (Egypt);

141.74 Continue the work undertaken for the adoption of a new criminal

code which guarantees the independence of the judicial system and the holding

of fair and just trials (France);

141.75 Take the necessary steps to strengthen the independence and

impartiality of the judiciary (Ghana);

141.76 Continue the process of reforms in the area of criminal justice in line

with the international obligations of Maldives (Russian Federation);

141.77 Promote efforts to consolidate the rule of law (Côte d’Ivoire);

141.78 Improve access to criminal justice services and legal assistance

(Angola);

141.79 Hasten the submission of the juvenile justice bill, aimed at

establishing a juvenile justice and welfare system in the country (Nigeria);

141.80 Guarantee education for children in conflict with the law (Bahrain);

141.81 Provide meaningful access to specialized training on international

human rights law and mechanisms to its judges, magistrates, prosecutors and

lawyers (New Zealand);

141.82 Ensure respect for freedom of opinion and expression (France);

141.83 Uphold freedoms essential for a stable democracy, including

freedoms of speech and assembly (Australia);

141.84 Take concrete measures to guarantee freedom of expression and the

media and to address limitations in the existing law governing the operation of

civil society organizations (Netherlands);

141.85 Increase measures to promote and protect freedom of expression in

the country (Spain);

141.86 Create an environment of freedom of the media and encourage media

outlets to project positive images of women and of the equal status and

responsibilities of women and men in the private and public spheres

(Slovenia);2

141.87 Strengthen efforts to protect freedom of expression, including the

safety of journalists (Greece);

141.88 Guarantee freedom of expression in all its forms and ensure

investigations into attacks against journalists and the media and bring those

responsible to justice (Switzerland);

141.89 Develop and implement specific laws, policies and mechanisms that

recognize and protect the work of civil society, human rights defenders and

journalists (Norway);

141.90 Ensure a safe environment for civil society participation, particularly

the protection of persons contributing to the work of the Human Rights

Council (Paraguay);

141.91 Redouble its efforts in combating stereotypes on the role of women

through facilitating the participation of women in political and public affairs

and sensitizing its population on women’s rights (Malaysia);

141.92 Intensify its efforts to facilitate the participation of women in political

and public affairs and fight stereotypes in relation to the role of women,

particularly by raising the awareness of the population about the necessity of

ensuring that women enjoy their rights (Argentina);

141.93 Continue to promote women and make sure they are effectively

present at the level of decision-making (Senegal);

141.94 Increase women’s participation in decision-making positions

(Rwanda);

141.95 Continue strengthening its efforts to facilitate the participation of

women in political and public affairs (Bangladesh);

141.96 Redouble its efforts to facilitate the participation of women in

political and public affairs and combat stereotypes on the role of women

(Republic of Korea);

141.97 Enhance the role of youth and empower them in nation-building

(Sudan);

141.98 Continue to realize the right to work for its citizens, including

through providing opportunities for vocational training and technical

education for young people (Egypt);

2 The recommendation as read out during the interactive dialogue: “We also reiterate our previous

recommendations No. 56 and 103.”

141.99 Try to minimize the negative consequences of drug-related crimes on

human rights (China);

141.100 Continue the practice of implementing programmes aimed at further

improving the welfare of the population (Turkmenistan);

141.101 Continue strengthening its social policies with a view to increasing

the quality of life of its people, in particular of the most needy sectors

(Bolivarian Republic of Venezuela);

141.102 Enhance efforts in the provision of adequate housing for its people

(Brunei Darussalam);

141.103 Continue with its plans to provide health care, especially for the

elimination of polio, and reduce the death rate (Saudi Arabia);

141.104 Strengthen the existing health-care system to enhance access to health

services by all with special emphasis on preventing life-threatening illnesses and

incidents (Sri Lanka);

141.105 Take further measures to protect human health in the context of

ensuring effective ways of sustainable development (Turkmenistan);

141.106 Follow up so as to complete its Health Master Plan 2012–2016

(Equatorial Guinea);

141.107 Strengthen the comprehensive health-care system to elevate the level

of health services (Kuwait);

141.108 Continue to implement effective policies to ensure full access to

health services for its people (Singapore);

141.109 Enact the education bill as soon as possible (Seychelles);

141.110 Enact the education bill, further enhance and develop the education

system and intensify efforts to improve access to education for students from

low-income families (State of Palestine);

141.111 Continue its efforts to provide free education for all (Saudi Arabia);

141.112 Take additional steps to improve the quality of local education,

including through improving teachers’ performance and providing additional

support for academically challenged students (Thailand);

141.113 Continue its efforts to raise the quality of education for all in order to

protect the promotion of human rights (Yemen);

141.114 Continue to improve the education system in the country in

cooperation and partnership with relevant international organizations (United

Arab Emirates);

141.115 Take further steps to progressively improve the quality of education

(Kazakhstan);

141.116 Strengthen the Government’s efforts to improve the quality of

education (Kuwait);

141.117 Enhance measures to address stereotyping against and lack of

employment opportunities for persons with disabilities (Malaysia);

141.118 Mainstream disabilities rights into government policies and action

plans (State of Palestine);

141.119 Guarantee access for persons with disabilities to education, health

care and employment on an equal footing and without discrimination

(Bahrain);

141.120 Continue advancing the rights of persons with disabilities by

increasing its financial assistance and developing regulation on minimum

standards for the enjoyment of their human rights (Cuba);

141.121 Improve access to education for persons with disabilities (Jordan);

141.122 Identify the challenges in implementing its national migration

management policy (Sri Lanka);

141.123 Prevent discrimination or trafficking of migrant workers, establish

warning mechanism and complaints mechanisms in case of violations and carry

out awareness campaigns on their rights (Mexico);

141.124 Take further measures for ensuring proper protection of rights of

migrants, including migrant workers (Ukraine);

141.125 Take all necessary steps in the areas of legislation and political

measures to protect migrant workers from abusers, traffickers and

unscrupulous employers and to guarantee the non-discrimination of non-

citizens with regard to conditions and requirements to access the labour market

(Honduras);

141.126 Update and enact the pending disaster management bill with a view

to realizing these basic rights to clean and safe drinking water and the right to

a clean environment (Fiji);

141.127 Strengthen and implement comprehensive climate change adaptation

measures (Sierra Leone);

141.128 Take further steps to protect and promote economic, social and

cultural rights, in the context of climate change (Viet Nam);

141.129 Actively address the negative impact of climate change on human

rights (China);

141.130 Strengthen efforts to ensure the security and safety of family and the

protection of family from experiencing negative consequences (Bangladesh);

141.131 Adopt additional measures to completely implement the Domestic

Violence Prevention Act, with reference to the expired 12-month term following

its adoption in 2012 (Germany).

142. Maldives considers that recommendation 141.22 above is already implemented.

143. The following recommendations will be examined by Maldives, which will

provide responses in due time, but no later than at the thirtieth session of the Human

Rights Council, to be held from 14 September to 2 October 2015:

143.1 Finalize the commitment to accede to the International Convention

on the Protection of the Rights of All Migrant Workers and Members of Their

Families (Democratic Republic of the Congo);

143.2 Consider ratifying those international human rights instruments to

which it is not yet a party, among them the International Convention on the

Protection of the Rights of All Migrant Workers and Members of Their

Families (Nicaragua);

143.3 Consider the possibility of ratifying the International Convention on

the Protection of the Rights of All Migrant Workers and Members of Their

Families (Egypt);

143.4 Consider ratifying the International Convention on the Protection of

the Rights of All Migrant Workers and Members of Their Families (Ecuador);

143.5 Consider ratifying the International Convention on the Protection of

the Rights of All Migrant Workers and Members of Their Families (Rwanda);

143.6 Consider acceding to the International Convention on the Protection

of the Rights of All Migrant Workers and Members of Their Families

(Indonesia);

143.7 Sign and ratify the International Convention on the Protection of the

Rights of All Migrant Workers and Members of Their Families (Uruguay);

143.8 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families (Senegal);

143.9 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families (Honduras);

143.10 Accede to the International Convention for the Protection of All

Persons from Enforced Disappearance (Uruguay);

143.11 Accede to the International Convention for the Protection of All

Persons from Enforced Disappearance (Madagascar);

143.12 Ratify the Optional Protocol to the International Covenant on

Economic, Social and Cultural Rights (Spain);

143.13 Ratify the Optional Protocol to the Convention on the Rights of the

Child on a communications procedure (Algeria);

143.14 Ratify the Kampala amendments to the Rome Statute, if possible with

a view to contributing to the activation of the jurisdiction of the International

Criminal Court over the crime of aggression at the beginning of 2017

(Liechtenstein);

143.15 Consider ratifying the ILO Domestic Workers Convention, 2011 (No.

189) (Philippines);

143.16 Ratify the 1951 Convention relating to the Status of Refugees and its

1967 Protocol, as previously recommended (Germany);

143.17 Ratify the 1951 Convention relating to the Status of Refugees and its

1967 Protocol, the 1954 Convention relating to the Status of Stateless Persons

and the 1961 Convention on the Reduction of Statelessness (Portugal);

143.18 Ratify the Convention against Discrimination in Education (Algeria);

143.19 Promptly accede to the Trafficking in Persons Protocol to the United

Nations Convention against Transnational Organized Crime (New Zealand);

143.20 Ratify the International Convention for the Protection of All Persons

from Enforced Disappearance and take the necessary measures to give full

effect to the provisions of the International Covenant on Civil and Political

Rights in the domestic legal order (Tunisia);

143.21 Consider ratification of or accession to the International Convention

on the Protection of the Rights of All Migrant Workers and Members of Their

Families and the International Convention for the Protection of All Persons

from Enforced Disappearance (Peru);

143.22 Step up its efforts to ratify the International Convention on the

Protection of the Rights of All Migrant Workers and Members of Their

Families and the Trafficking in Persons Protocol (Philippines);

143.23 Finalize the process for the ratification of the International

Convention on the Protection of the Rights of All Migrant Workers and

Members of Their Families, as it committed to do, and create the necessary

conditions to ensure the correct functioning and independence of the national

Human Rights Commission (Niger);

143.24 Consider withdrawing the reservation made on article 16 to the

Convention on the Elimination of All Forms of Discrimination against Women

(Timor-Leste);

143.25 Withdraw reservations to the Convention on the Elimination of All

Forms of Discrimination against Women, the International Covenant on Civil

and Political Rights and the Convention on the Rights of the Child (Slovenia);

143.26 Bring domestic legislation into conformity with its international

obligations in the human rights sphere (Madagascar);

143.27 Undertake necessary measures to strengthen the independence of the

Human Rights Commission, including by amending the 2005 Human Rights

Commission Act with a view to aligning it with the Paris Principles (Mauritius);

143.28 Guarantee the conformity of the national Human Rights Commission

with the Paris Principles, strengthen its independence and protect its members

against reprisals and intimidation (Tunisia);

143.29 Fulfil its first cycle commitment to strengthen the independence and

impartiality of its national Human Rights Commission (Canada);

143.30 Present its initial report, which is overdue since 2005, to the

Committee against Torture (Denmark);

143.31 Accept a follow-up visit by the Special Rapporteur on the

independence of judges and lawyers and accept the outstanding request of a

visit by the Special Rapporteur on the situation of human rights defenders

(New Zealand);

143.32 Fully implement the recommendations of the Special Rapporteur on

the independence of judges and lawyers and ensure that the concept of

separation of powers is fully respected (Netherlands);

143.33 Take all necessary measures to eliminate all forms of discrimination

against children born outside of wedlock with regards to entitlement to

maintenance and inheritance (Namibia);

143.34 Ensure equality of the rights of children born out of wedlock in

unions which have not been sanctioned by courts (Paraguay);

143.35 Include specific provisions for the protection of girls in the draft law

on the protection of children with a view to preventing child, early and forced

marriages and criminalize attempts to marry persons below the age of 18 years,

as well as sexual offences against children (Belgium);

143.36 Repeal all legal provisions that discriminate against women

(Slovenia);

143.37 Take all necessary measures to ensure the elimination of violence and

discrimination against women and take steps to ensure the full incorporation of

the Convention on the Elimination of All Forms of Discrimination against

Women into its legal system (Sweden);

143.38 Make additional efforts to ensure that domestic law is in compliance

with the provisions of the Convention on the Elimination of All Forms of

Discrimination against Women, particularly with regard to equality in

marriage and divorce (Spain);

143.39 Strengthen efforts in implementing the rights and obligations

towards the empowerment of women found in the Convention on the

Elimination of All Forms of Discrimination against Women (Greece);

143.40 Accelerate the process to adopt a law on gender equality and carry

out awareness-raising activities on the issues of gender and domestic violence in

the judicial sector, in the security forces as well as in schools (Belgium);

143.41 Take steps to promote religious dialogue on issues that affect

women’s human rights and the implementation of laws tackling violence

against women (Ghana);

143.42 Increase resource allocations to government agencies mandated to

implement laws tackling violence against women (Malaysia);

143.43 Bring an end to arbitrary detentions, particularly on the grounds of

political opinion; investigate allegations of torture and ill-treatment in prisons

and bring those responsible to justice (France);

143.44 Review the treatment of all detainees ensuring that the human rights,

safety and security of individuals in government custody are fully respected

(Canada);

143.45 Ensure the administration of justice is fully consistent with

international human rights standards and seek international technical

assistance (United Kingdom of Great Britain and Northern Ireland);

143.46 Take measures to ensure the independence and impartiality of the

role of the judiciary (Trinidad and Tobago);

143.47 Take further steps to ensure the impartiality and independence of the

judiciary in accordance with international standards (Italy);

143.48 Take measures to reform the Judicial Service Commission, so as to

ensure an independent and impartial judiciary which respects fundamental

rights (Switzerland);

143.49 Strengthen the impartiality of the Judicial Service Commission and

ensure the independence of the judiciary (Botswana);

143.50 Strengthen the independence of the judiciary by reforming the

Judicial Services Commission’s process for selecting and appointing judges

(United States of America);

143.51 Restore confidence in its legal system by ensuring the clear and

unambiguous division of powers, including the indisputable independence of its

judicial processes and judges (Denmark);

143.52 Meet relevant obligations under the International Covenant on Civil

and Political Rights, and fulfil its universal periodic review first cycle

commitments to ensure the legitimacy and independence of the judiciary and

establish an independent bar association (Canada);

143.53 Adopt the necessary measures to guarantee the independence and

impartiality of the judiciary, ensuring to all persons the respect of due process

guarantees, in accordance with article 14 of International Covenant on Civil

and Political Rights (Argentina);

143.54 Provide adequate training for judges, including human rights

training, to ensure all judicial proceedings conform to international fair trial

standards, and take concrete measures to strengthen the impartiality and

independence of the Judicial Services Commission, including through ensuring

that the composition and functioning of the Commission is in line with

international principles of independence and accountability of the judiciary

(Ireland);

143.55 Favourably consider embarking on fundamental reforms to the

judiciary to ensure its independence, impartiality and transparency with a view

to strengthening democracy and the rule of law in the country (Republic of

Korea);

143.56 Improve the system of the separation of constitutional powers and

make sure that each power respects the mandate of the others (Cabo Verde);

143.57 Take concrete measures to reinforce domestic democratic institutions

through the strengthening of judicial independence and of the freedom of

opinion and expression, the investigation of recent detentions with alleged

political motivation, as well as through the guarantee to opposition parties of

the right to peaceful protest (Brazil);

143.58 Reaffirm its commitment to democracy, human rights and the rule of

law immediately and ensure that security forces exercise restraint in the face of

peaceful and democratic protests and cease intimidation of the media

(Canada);

143.59 Develop necessary institutional infrastructure to promote mutual

understanding, tolerance and interreligious dialogue in Maldivian society to

contribute to addressing religious extremism and strengthening cultural

diversity (Honduras);

143.60 Develop and implement laws, policies and mechanisms that ensure

full protection of all journalists and human rights defenders against attacks

and reprisals (Latvia);

143.61 Take appropriate measures to fully guarantee the safety of

journalists and human rights defenders so that they can carry out their

activities without fear of persecution or restriction (Republic of Korea);

143.62 Ensure an enabling environment for the activities of journalists,

human rights defenders and the other civil society actors (Tunisia);

143.63 Create and maintain, in law and in practice, a safe and enabling

environment, in which human rights defenders and civil society can operate

free from hindrance and insecurity, in accordance with Human Rights Council

resolutions 22/6 and 27/31 (Ireland);

143.64 Protect human rights defenders and ensure their right to exercise

their work without restrictions (Timor-Leste);

143.65 Take measures aimed at diminishing threats and intimidation against

journalists and civil society, as well as opponents against the Government

(Trinidad and Tobago);

143.66 Take urgent action to protect human rights defenders, non-

governmental organizations and journalists, and to investigate and prosecute

all who threaten them (United Kingdom of Great Britain and Northern

Ireland);

143.67 Improve resource allocations for the implementation of laws tackling

participation of women in public office (Montenegro);

143.68 Strengthen health-care facilities and enhance access to reproductive

health services, especially for adolescents and youth, unmarried women and

marginalized and excluded populations such as persons with disabilities

(Thailand);

143.69 Develop legislation guaranteeing workers’ rights, including for

migrant workers, and enhance efforts to combat fraudulent recruitment

(United States of America);

143.70 Improve rights and conditions of migrant workers and consider

signing the International Convention on the Protection of the Rights of All

Migrant Workers and Members of Their Families (Turkey);

143.71 Adopt legislation for the protection of the environment and establish

a joint private-public partnership to reduce the environmental impact of

tourism on livelihoods and the rights to housing, safe drinking water, health

and an adequate standard of life for its inhabitants (Mexico);

143.72 Promote the empowerment of women and girls and prevent the

promotion of discrimination against women including through speech and

sermons (Croatia);

143.73 Take effective steps to fully strengthen the rule of law; effectively

ensure the impartiality and independence of the judiciary (Kenya);

143.74 Strengthen the independence of its judiciary (Liechtenstein);

143.75 Establish legal remedies that are accessible to women and ensure that

women who report violations are treated in a gender-sensitive manner at all

stages of judicial proceedings (Liechtenstein);

143.76 Continue its efforts to combat discrimination in all its forms (Libya);

143.77 Ensure the right of anyone convicted of a crime to have his or her

conviction and sentence reviewed by a higher tribunal, as prescribed by

article 14 of the International Covenant on Civil and Political Rights

(Denmark);

143.78 Take all necessary measures to ensure the rule of law and the right to

due process as enshrined in article 14 of the International Covenant on Civil

and Political Rights (Sweden).

144. Maldives considers that the recommendations below cannot be accepted and

would thus be noted:

144.1 Consider withdrawing reservations to article 18 of the International

Covenant on Civil and Political Rights (Kenya);

144.2 Take measures to withdraw the reservation to article 18 of the

International Covenant on Civil and Political Rights (Costa Rica);

144.3 Withdraw the reservation to article 18 of the International Covenant

on Civil and Political Rights (Greece);

144.4 Remove the legal requirement which prevents non-Muslims from

being appointed as members of the Human Rights Commission (Ghana);

144.5 Continue efforts to amend the Human Rights Commission Act to be

fully in line with the Paris Principles (Indonesia);

144.6 Speed up the adoption of the law against discrimination ensuring the

incorporation of a prohibition of discrimination on the basis of sexual

orientation and gender identity (Chile);

144.7 Guarantee that lesbian, gay, bisexual, transgender and intersex

persons have full and equal enjoyment of their human rights by repealing the

norms that criminalize and stigmatize them (Argentina);

144.8 Decriminalize consensual extramarital sexual relations (Slovenia);

144.9 Banish from its Penal Code the provisions related to corporal

punishment, including flogging for sexual intercourse outside of marriage, and

death penalty (Albania);

144.10 Place an absolute ban on death sentences against persons below the

age of 18 at the time when the offence was committed (New Zealand);

144.11 Do not sentence minors to capital punishment (Spain);

144.12 Extend the moratorium on the death penalty with a view to its

abolition and take immediate measures to prohibit absolutely the application of

the death penalty to persons under the age of 18 years at the time of the offence,

in compliance with the international legal obligations of Maldives, in

conformity with the commitments made during the first universal periodic

review (Belgium);

144.13 Review and reform its legislation in order to abolish the death

penalty and, in the meantime, maintain the de facto moratorium, with a view to

abolishing the practice in the future, avoiding, in particular, the possibility of

children being sentenced to death (Brazil);

144.14 Ensure that the death penalty is not applied to persons below the age

of 18 years, in conformity with the Convention on the Rights of the Child,

ratified by Maldives (France);

144.15 Retain the moratorium on the death penalty in all circumstances, in

particular for juvenile offenders, and work towards the de jure abolition of

capital punishment (Latvia);

144.16 Study the possibility of ratifying the Second Optional Protocol to the

International Covenant on Civil and Political Rights (Ecuador);

144.17 Consider ratifying the Second Optional Protocol to the International

Covenant on Civil and Political Rights, aiming at the abolition of the death

penalty (Rwanda);

144.18 Consider ratifying the Second Optional Protocol to the International

Covenant on Civil and Political Rights with a view to total abolishment of the

death penalty (Namibia);

144.19 Ratify the Second Optional Protocol to the International Covenant on

Civil and Political Rights, aiming at the abolition of the death penalty

(Norway);

144.20 Ratify the Second Optional Protocol to the International Covenant on

Civil and Political Rights, relating to the abolition of death penalty (Paraguay);

144.21 Ratify the Second Optional Protocol to the International Covenant on

Civil and Political Rights with a view to the abolition of death penalty

(Madagascar);

144.22 Take all necessary steps to introduce a de jure moratorium on capital

executions with a view to fully abolish the death penalty, and ratify the Second

Optional Protocol to the International Covenant on Civil and Political Rights

(Italy);

144.23 Revive the former six decade-old moratorium on the death penalty

with the clear objective of complete abolition (Germany);

144.24 Maintain the moratorium in the application of the death penalty

(Spain);

144.25 Maintain the moratorium aiming at the abolition of the death penalty

(Argentina);

144.26 Maintain a long-standing de facto moratorium on the death penalty,

with a view to its abolition (Montenegro);

144.27 Maintain the moratorium on the application of the death penalty

with a view to its definitive abolition (France);

144.28 Continue the longstanding de facto moratorium on death penalty and

further consider its legal abolition (Nepal);

144.29 Continue retaining the moratorium on the use of the death penalty

(Ukraine);

144.30 Establish a moratorium on executions with a view to abolishing the

death penalty (Slovenia);3

144.31 Establish a moratorium on the application of the death penalty with a

view to its definitive and permanent abolition and commute existing sentences

(Uruguay);

144.32 Consider abolishing the death penalty and eliminate mandatory

death penalty sentences (Sierra Leone);

144.33 Remove the regulations which enable the implementation of the death

penalty for intentional murder and remove the power of the President to

commute death sentences, and renew its commitment to a moratorium on the

death penalty (Australia);

144.34 Amend the Penal Code to prohibit corporal punishment (Chile);

144.35 Abolish flogging and other forms of corporal punishment, and ensure

that survivors of sexual violence are not prosecuted for fornication (Slovenia);

3 The recommendation as read out during the interactive dialogue: “We also reiterate our previous

recommendations No. 56 and 103.”

144.36 Institute an immediate moratorium on the punishment by flogging,

with a view to abolishing this practice at the legislative level (Uruguay);

144.37 Impose an immediate moratorium on flogging, with a view of

abolishing it in law, and prohibit all forms of corporal punishment in all

settings (Latvia);

144.38 Bring an end to the application of cruel, inhuman or degrading

punishments, in particular corporal punishment (France);

144.39 Introduce the necessary legal and policy measures to abolish all

forms of corporal punishment (Italy);

144.40 End politically motivated prosecutions and court proceedings,

including those against members of the Human Rights Commission, and

address the cases of individuals who have been convicted and imprisoned

without minimum fair trial guarantees, such as former President Nasheed

(United States of America);

144.41 Release immediately former President Nasheed, in light of the lack of

a fair trial (Norway);

144.42 Immediately release political prisoners, including former President

Nasheed, and conduct an effective and thorough review of the investigation and

legal proceedings to ensure that international obligations related to fair trials

and the rule of law have been fully respected (Canada);

144.43 Consider eliminating from the national legislation all provisions

restricting freedom of thought, conscience and religion (Peru);

144.44 Ensure religious freedom, freedom of worship and non-

discrimination against persons of different religions (Cabo Verde);

144.45 Further facilitate favourable grounds for minority religious groups to

choose, change and follow their own religion or belief without any form of

restriction (Ethiopia);

144.46 Remove legal provisions that restrict the right to freedom of religion

or belief, including article 9 (d) of the Constitution, which bars non-Muslims

from being Maldivian citizens (Italy);

144.47 Guarantee the right to manifest one’s religion or belief (Italy);

144.48 Develop laws that protect freedom of religion or belief and freedom

of expression (Lebanon);

144.49 Fully align the institutional and operational framework of the

national Human Rights Commission to be in line with the Paris Principles

(Kenya).

145. All conclusions and recommendations contained in the present report reflect

the position of the submitting States and the State under review. They should not be

construed as endorsed by the Working Group as a whole.

Annex

[English only]

Composition of the delegation

The delegation of Maldives was headed by H.E. Ms. Dunya MAUMOON, Minister

of Foreign Affairs, and composed of the following members:

• H. E. Ms. Aishath Bisham, Legal Affairs Secretary, The President’s Office

• H. E. Dr. Ali Naseer Mohamed, Foreign Secretary

• Mr. Ismail Wisham, Assistant Attorney General

• Ms. Geela Ali, Chargé d’Affaires a.i., Permanent Mission of Maldives, Geneva

• Ms. Rishfa Rasheed, Counsellor, Permanent Mission of Maldives, Geneva

• Ms. Mariyam Midhfa Naeem, Counsellor, Permanent Mission of Maldives,

New York

• Ms. Shiuneen Rasheed, First Secretary, Permanent Mission of Maldives, Geneva