Worst Forms of Child Labour Convention, 1999 (No. 182) - Maldives (RATIFICATION: 2013)

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Articles 3(a), 7(1) and 7(2) of the Convention. Worst forms of child labour, penalties and time-bound programmes. All forms of slavery or practices similar to slavery. Sale and trafficking of children. Following its previous comments, the Committee notes, from the Government’s report, that amendments were brought to the Human Trafficking Act 12/2013 in 2021, which widened the definition of child trafficking (section 14). It also notes the Government’s indication that the Maldives Police Service (MPS) continues to provide training and awareness programmes on child exploitation and human trafficking. The Committee further notes the Government’s indication that there were no reported cases of child trafficking during the reporting period from 2019 to 2021. The Committee requests the Government to continue providing any relevant information regarding cases of sale and trafficking of children under the age of 18 for labour or sexual exploitation, including the number of investigations, prosecutions, convictions and penalties which have been applied for the offence of trafficking of children and the number of child victims who have been rescued and provided with assistance. With regard to all other issues pertaining to the sale and trafficking of persons, the Committee refers to its comments under the Forced Labour Convention, 1930 (No. 29).

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee takes note of the detailed statistics shared by the Government, according to which the net enrolment rates have steadily increased in recent years, reaching 100.2 per cent at the primary level (6 to 12 years of age) and 100 per cent at the lower secondary level (13 to 15 years of age) in 2019 for both boys and girls.

The Committee notes, however, that according to the 2019 UNDP report on “Youth vulnerability in the Maldives”, while students in the capital city of Malé have a range of options and access to higher education, those living on outer atolls often have poorly equipped schools. Almost all young people from the outer atolls interviewed in the framework of the report complained about the quality and variety of education, saying that many sciences were not taught, schools lacked equipment and laboratories, and there was no career guidance. The Committee further notes, from the UNICEF website, that the quality of education in certain atolls is poorer than in the capital; as such, the average pass rate at the lower-secondary level is nearly 20 per cent lower in the atolls when compared to Malé. In this regard, the Committee notes that the Education Sector Plan 2019–23, supported by the Global Partnership for Education and UNICEF, has four goals, which include improving learning for all, through equitable access to quality education; ensuring equitable access to lifelong, affordable and quality education for all; and system strengthening for efficiency and quality schools for all. Welcoming the progress made to improve access to education, the Committee encourages the Government to continue its efforts, in order to ensure that all children have access to free basic education, with special attention to children from outer atolls. It also requests the Government to continue its efforts to improve the quality of education to ensure that children do not drop out of school, including in the framework of the Education Sector Plan 2019–23, and to provide information on the results achieved. Finally, the Committee requests the Government to provide information on the national school retention and dropout rates at the primary and lower secondary levels.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of sexual exploitation. In response to the Committee’s previous request that the Government provide information on the number of child victims of commercial sexual exploitation who have been provided with assistance by the Ministry of Gender, Family and Social Services (MGFSS), the Committee notes the Government’s information that cases of commercial sexual exploitation of children are now reported to the Child and Family Protection Service (CFPS). The Committee notes that, according to the report of the Government of the Maldives submitted under the Convention on the Rights of the Child of 1 October 2021 (CRC/C/MDV/6-7, paragraphs 13 and 46), the CFPS was established in 2020 pursuant to the enactment of the Child Rights Protection Act, 2019. The CFPS is mandated, inter alia, to collaborate with law enforcement institutions in investigating cases of child rights violations, steer the child fostering mechanism, and ensure the wellbeing and protection of children brought under State care, at national and local levels. When a case of commercial sexual exploitation is reported to the CFPS, the safety of the child is ensured by removing him/her from the environment in which they are exploited, and placing them within the care and protection of family or of the State facility, in accordance with the circumstances of the case. The Committee requests the Government to provide information on the number of child victims of commercial sexual exploitation who have been removed from this worst form of child labour, and rehabilitated and socially integrated, through the action of the CFPS, as well as on the type of assistance received.

Clause (d). Children at special risk. Vulnerability to climate change. The Committee notes, according to a 2022 UNICEF report entitled “The Heat is On! Towards a Climate Resilient Education System in the Maldives”, that climate change, to which the Maldives is extremely exposed and vulnerable to due to its unique geographical features, has had an important impact on education. According to the report, one fifth of the youths claimed that climate change has affected their journey to school. Main research findings reveal, among other things, that there are no climate change mitigation and adaptation resource allocation mechanisms, and no coordination mechanisms for climate change risk mitigation, in the education sector; and that there exists no systematic data gathering mechanisms on climate change impacts on school infrastructure, education access, student and teacher health and wellbeing, education provision and learning quality. The Committee observes that climate change may increase the risk of child labour and its worst forms and the circumstances under which it is undertaken for a number of reasons, including the negative effects of weather shocks, climate-driven migratory movements and population displacements, and heat stress linked to climate change, as is the case in the education sector in the Maldives. The Committee requests the Government to provide information on the time-bound measures taken to protect children from the worst forms of child labour due to the effects of climate change, in particular in the education sector.

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Article 3(b) and 7(1) of the Convention. Use, procuring or offering of a child for prostitution, pornography or pornographic performances and penalties.Prohibition. The Committee previously noted that the Special Provisions Act to Deal with Child Sex Abuse Offenders, 2009, provided for a penalty of up to 25 years of imprisonment for the use, procuring or offering of a child for prostitution, pornography or pornographic performances (sections 17 to 19). It also noted that the Penal Code of 2014 provides for a penalty of imprisonment of not more than eight years for soliciting or facilitating child prostitution (section 621) and of not more than two years for child pornography (section 622). The Committee notes, according to the Crime Statistics communicated by the Government, that there were 145 cases of sexual offences in the third quarter of 2020, which include one case of prostitution and 128 other sexual offences. It is indicated that victims include 80 children under the age of 14 and 43 children aged 15 to 17. In the fourth quarter of 2020, there were 130 sexual offence cases, including six cases of prostitution and 89 other sexual offences, implicating approximately 64 children under the age of 14 and 29 children aged 15 to 17 years. The Committee requests the Government to take the necessary measures to ensure that thorough investigations and prosecutions are conducted of persons who have used, procured or offered a child under 18 years of age for prostitution, and that sufficiently dissuasive penalties are imposed in practice. It requests the Government to provide information on the results achieved, as well as to continue providing information on the number of cases pertaining to sexual offences, while indicating more specifically the number of cases relating to the use, procuring or offering of children for prostitution or pornography, in application of the sections of the Special Provisions Act mentioned above.

Criminal responsibility of children. The Committee previously noted that children who had been victims of sexual offences might be criminalized according to Shariah Law, including the charges of zina, which signifies voluntary sexual intercourse outside a marriage relation. In this regard, section 7 of the Special Provisions Act to Deal with Child Sex Abuse Offenders, 2009, (“sexual offences carried out by children”) provides that sexual offences carried out by a child remain an offence, and that a child over 13 years of age who commits such an offence is liable to detention for a period of up to five years. While noting that section 53 of the Penal Code provides that children aged 15 to 18 are presumed to comply with the defence of immaturity in sexual offence cases, the Committee requested the Government to take the necessary measures to ensure that child victims of sexual exploitation are treated as victims and not criminals.

The Committee notes that section 11 of the Child Rights Protection Act 19/2019 provides that every child under 18 years of age shall have the right to protection from sexual exploitation, which includes protection from being “forced into prostitution” and other acts of exploitation and being used in the creation or production of pornographic material. It observes, however, that children could still be treated as offenders in cases where they are used, procured or offered for prostitution, if they are not “forced” to do so. The Committee once again refers to its 2012 General Survey on the fundamental Conventions and underlines that children who are used, procured or offered for prostitution should be treated as victims, and not as offenders who have committed a criminal offence (para. 510). The Committee urges the Government to take the necessary measures to ensure that all child victims of commercial sexual exploitation who are under the age of 18 years are treated as victims rather than offenders. To this end, the Committee requests the Government to take the necessary measures to ensure that section 7 of the Special Provisions Act to Deal with Child Sex Abuse Offenders, 2009, is amended so that children under 18 years of age who are victims of prostitution or other types of commercial sexual exploitation are not criminalized and/or imprisoned.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously requested the Government to provide information on the application in practice of section 133 of the Drugs Act, according to which any person who causes a child below 18 years of age to participate in the commission of an offence under the Act should be punished by the maximum penalty determined for that offence, which could be life imprisonment. The Committee notes with regret an absence of information on this point. It notes the Government’s information that if a child is used for the purpose of drug trafficking, the Maldives Police Service (MPS) will refer the case to the Child and Family Protection Service (CFPS), and the person who has engaged the child faces criminal charges under section 133 of the Drugs Act. The Committee notes, however, that according to the 2019 UNDP report on “Youth vulnerability in the Maldives”, drugs are a serious and growing problem in the country. The Committee therefore requests the Government to take the necessary measures to prevent the involvement of children in drug-related activities and to ensure the effective enforcement of the Drugs Act. It once again requests the Government to provide information on the application in practice of section 133 of the Drugs Act, with regard to the number of investigations, prosecutions, convictions and penalties which have been applied for the offence of the use, procuring or offering of a child for illicit activities, in particular for the production or trafficking of drugs.

Clause (d) and Article 4. Hazardous work and determination of types of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

The Committee is also raising other matters in a request addressed directly to the Government.

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Articles 3(a) and 7(1) of the Convention. Worst forms of child labour and penalties. All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted that the Prevention of Human Trafficking Act of 2013 criminalized trafficking of children (section 14) and provided for a penalty of 15 years of imprisonment (section 18) for trafficking of children. The Committee requested the Government to provide information on the measures taken to ensure the effective implementation of the Prevention of Human Trafficking Act regarding trafficking of children.

The Government indicates that no prosecutions, convictions and penalties for trafficking of children were reported. It states that the Maldives Police Service (MPS) has a specialized trafficking unit, which has targeted trafficking for the purposes of prostitution and labour exploitation. Between February 2017 and November 2019, one case of trafficking of children for the purpose of sexual exploitation was investigated by the MPS; the case was closed after the allegations were found to be false.

The Government further indicates that the Maldives Immigration Service is involved in the identification of possible cases of trafficking, which it should then refer to the MPS for investigation. The Maldives Immigration Service has not identified any cases of trafficking of children for labour exploitation during the reporting period. In some cases, there has been doubt about the age on the travel documents of persons entering the country. In these cases, the immigration officer has the discretion to refuse entry, which has been done on several occasions. A recently drafted new immigration Bill would require a certificate of guardianship for minors not travelling with their parents. The Government also indicates that the Prevention of Human Trafficking Act is currently under review.

The Committee notes the Government’s indication, in its report to the UN Human Rights Council of February 2020 in the context of the Universal Periodic Review, that the MPS developed a case management system in 2017 in order to enhance monitoring and data collection. The Government also indicated in this report that the Maldives Immigration Service continues to implement a mandatory training on anti-human trafficking module for all new recruits. However, the Government underlined that the lack of technical expertise in investigation, prosecution and within the judiciary continues to impede successful prosecutions (A/HRC//WG.6/36/MDV/1, paragraphs 176 and 178).

Furthermore, the Committee notes that, according to the report of the Office of the UN High Commissioner for Human Rights of March 2020 made under the framework of the Universal Periodic Review, the UN Refugee Agency indicated that the trafficking of children in the Maldives was an issue (A/HRC/WG.6/36/MDV/2, paragraph 37). The Committee requests the Government to take the necessary measures to ensure that, in practice, thorough investigations and prosecutions are carried out for persons who engage in the trafficking of children, and that sufficiently effective and dissuasive sanctions are imposed. It requests the Government to provide information on the number of investigations, prosecutions, convictions and penalties which have been applied for the offence of trafficking of children, in accordance with the provisions of the Prevention of Human Trafficking Act. Please provide information on any action taken to enhance technical expertise in investigation, prosecution and within the Judiciary. The Committee also requests the Government to provide a copy of the new Immigration Bill and of the revised Prevention of Human Trafficking Act, once adopted.

Article 3, clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee previously noted that the Special Provisions Act to Deal with Child Sex Abuse Offenders of 2009 provided for a penalty of up to 25 years of imprisonment for the use, procuring or offering of a child for prostitution, pornography or pornographic performances (sections 17 to 19). The Government also indicated that sections 621 and 622 of the new Penal Code of 2014 provided that soliciting or facilitating child prostitution and child pornography were criminal offences punishable with aggravated sanctions. It stated that despite a few cases of suspected exploitation of children in prostitution, it had not been possible to gather sufficient evidence to take legal action. It also indicated that the MPS had been trained to detect and investigate cases of sexual exploitation of children in travel and tourism. The Committee requested the Government to take the necessary measures to strengthen the enforcement of the Special Provisions Act and the related provisions of the new Penal Code. It also requested the Government to provide a copy of the Penal Code.

The Government indicates that, according to statistics of the MPS of November 2019, in 2018, 19 cases of exploitation of children in prostitution, pornography or pornographic performances were reported and 13 cases were investigated. In 2019, 13 cases were reported, seven investigated and two sent to the Prosecutor General’s Office. The Government further states that there has been registration of convictions of child abusers under the Special Provisions Act.

The Committee takes note of the Government’s indication that numerous stakeholders, including the Ministry of Gender, Family and Social Services (MGFSS), the Prosecutor General’s Office, the Ministry of Tourism, the Maldives Immigration Service, the MPS, resorts and schools, have received training on the protection of children from sexual exploitation, including in the tourism sector and online. In addition, the MPS is involved in the prevention and sensitization of the sexual exploitation of children. For instance, in 2018, it organized 36 awareness programmes for Maldivian tour operators.

The Committee notes that the Penal Code of 2014 provides for a penalty of imprisonment of not more than eight years for soliciting or facilitating child prostitution (section 621) and of not more than two years for child pornography (section 622).

The Committee further notes the Government’s indication, in its report of October 2019 to the Committee on the Elimination of Discrimination against Women, that there is evidence that minor girls are coerced into prostitution by mothers for generating income for the family (CEDAW/C/MDV/6, paragraph 58). The Committee requests the Government to take all necessary measures to ensure the application in practice of the Special Provisions Act and the above-mentioned sections of the Penal Code, and to provide information on the number of cases investigated, of persons prosecuted, convicted, and the penalties imposed. It also requests the Government to provide information on the outcome of the two cases of the commercial sexual exploitation of children that were sent to the Prosecutor General’s Office in 2019.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that section 133 of the Drugs Act provided that any person who caused a child below 18 years of age to participate in the commission of an offence under the Act should be punished by the maximum penalty determined for that offence, which could be life imprisonment. It further noted the Government’s indication that drug dealers were increasingly targeting vulnerable children who were neglected by parents and who lacked protective structures around them. The Committee therefore requested the Government to take the necessary measures to prevent the involvement of children in drug-related activities and to ensure the effective enforcement of the Drugs Act.

The Government indicates that the Drugs Act is currently being reviewed, and may affect the application of the Convention. It also states that the MPS is responsible for enforcing laws relating to the drug trade. The Government underlines that the MPS has included prevention and response to juvenile offending and youth crime as a strategic objective in its Strategic Plan 2019-2024. Noting the absence of information on this point, the Committee once again requests the Government to provide information on the application in practice of section 133 of the Drugs Act. It also requests the Government to provide a copy of the revised Drugs Act, once adopted.

Clause (d) and Article 4. Hazardous work and determination of types of hazardous work. The Committee previously noted that section 7(a) of the Employment Act provided that no minors under 18 years of age should be employed in any work or employment that might have a detrimental effect on their health, education, safety or conduct. The Government indicated that specific types of hazardous work had not been determined. It also stated that section 7(a) of the Employment Act was not always respected in practice. The Committee accordingly requested the Government to take the necessary measures to ensure the adoption of a list of types of hazardous work.

The Government indicates in its report under the Minimum Age Convention, 1973 (No. 138) that a Bill and guidelines on occupational safety and health is under preparation, and that consideration may be given to include in it a list of hazardous work. Recalling that by virtue of Article 3(d) of the Convention hazardous work is considered to be one of the worst forms of child labour and, under the terms of Article 1, this worst form of child labour shall be prohibited as a matter of urgency, the Committee expresses the firm hope that a list of hazardous types of work prohibited for children under 18 years of age will be adopted and applied in the near future, and requests the Government to provide information in this regard.

Article 6. Programmes of action. Trafficking of children. The Committee previously took note of the Anti-Human Trafficking National Action Plan (NAP) 2015–19, which covered four areas, namely protection, prevention, prosecution and collaboration. It requested the Government to provide information on the implementation of the NAP in practice.

The Government indicates that following the expiry of the NAP in 2019, a new plan will be formulated. The Committee requests the Government to provide information on the formulation and adoption of a new action plan to combat trafficking in persons, including trafficking of children.

Article 7(2). Effective and time-bound measures. Clause (a). Prevention of the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted, in its comments under Convention No. 138, that according to UNESCO, in 2016, the net enrolment ratio was 94.80 per cent at the primary level (for 6 to 12 years of age) and 68.86 per cent at the lower secondary level (for 13 to 15 years of age).

The Committee takes due note of the report of 2019 communicated by the Government as an annexe, entitled “Education Sector Analysis Maldives”, which was prepared by the Policy Planning and Research Division of the Ministry of Education. The report indicates that, in 2018, the net enrolment ratio was 95.9 per cent at the primary level and 90.5 per cent at the lower secondary level. However, fewer girls are enrolled in lower secondary education (87.8 per cent compared to 92.9 per cent for boys). The report also indicates that the Maldives allocates a significant part of its budget on education, despite the fact that it has been reduced from 12.7 per cent in 2015 to 11 per cent in 2017. The Government developed a new Education Sector Plan for the period 2019-23.

The Committee further takes note of the National Human Rights Framework adopted in 2016, annexed to the Government’s report under Convention No. 138, which sets out key objectives in the area of education, including facilitating equitable access to education for all children, with a special focus on children in vulnerable situations. In addition, the National Human Rights Action Plan of 2017 sets the objective of increasing the net enrolment and enhancing access to education at all levels. Welcoming the progress made to improve access to education, the Committee encourages the Government to continue its efforts, in order to ensure that all children have access to free basic education, with special attention to girls in lower secondary education. The Committee requests the Government to continue to provide information on the measures adopted and the results achieved in this regard, including within the framework of the Education Sector Plan 2019–23 and the National Human Rights Action Plan of 2017.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Child victims of trafficking. The Committee previously noted the establishment of a national Anti-Trafficking Steering Committee under the Prevention of Human Trafficking Act, aimed at coordinating anti-trafficking activities. The Committee requested the Government to take the necessary measures to strengthen the identification, rehabilitation and social integration of child victims of trafficking.

The Government indicates that, where there is a suspicion of trafficking of children, the MPS involves the Family and Child Protection Department of the MGFSS for the protection of the child concerned. Two child protection institutions exist in Malé, and shelters are available on the atolls. The Government further indicates that a Standard Operating Procedure (SOP) on victim identification, protection and referral, which details the specific procedures to be followed when victims of trafficking are children, has been formulated by the Anti-Trafficking Steering Committee. The Government states, in its report under the Forced Labour Convention, 1930 (No. 29), that the national victim support hotline has been set up to report victims of trafficking and child labour. In 2018 and 2019, no calls were received.

The Committee notes the Government’s indication, in its report to the UN Human Rights Council of February 2020, that the Anti-Trafficking Steering Committee adopted and published the Victim Identification Guidelines in February 2016. The Steering Committee also initiated a number of awareness programmes during this period, before being dissolved due to a lack of commitment, staff shortages and issues of composition. The Steering Committee was reconstituted and reconvened in 2019. The Government also pointed out, in this report, the absence of a permanent shelter and victim support (A/HRC/WG.6/36/MDV/1, paragraphs 174 and 175). The Committee requests the Government to strengthen its efforts to identify child victims of trafficking and to provide them with assistance. It also requests the Government to provide information on the number of these children who have been identified and have received rehabilitative assistance, shelter and other services, including through the Family and Child Protection Department of the MGFSS.

2. Child victims of sexual exploitation. The Committee previously noted that, according to the Committee on the Rights of the Child, children who had been victims of sexual offences might be criminalized according to Shariah Law, including the charges of zina, which signifies voluntary sexual intercourse outside a marriage relation. The Government indicated that child victims of prostitution and pornography could not be guilty of zina as they were clearly coerced, but that more needed to be done to ensure that girls were not forced to confess zina. The Committee accordingly requested the Government to take the necessary measures to ensure that child victims of sexual exploitation are not treated as criminals. It also requested the Government to provide information on the measures taken to remove and assist children from this worst form of child labour.

The Government indicates that the MGFSS is responsible for the protection of child victims of sexual exploitation. Between January and September 2018, the MGFSS received one case of commercial sexual exploitation. In September 2019, it received three cases of commercial sexual exploitation.

The Government further indicates that pursuant to section 53 of the Penal Code, treatment depends on the maturity of the child. The Committee notes that section 53 of the Penal Code provides that a person under 15 years of age at the time of the offence shall be presumed to have satisfied the requirements of the defence of immaturity. A person under 18 years of age at the time of the offence shall also be presumed, subject to rebuttal by the prosecution, to have satisfied the requirements of the defence of immaturity. Referring to its 2012 General Survey on the fundamental Conventions, the Committee underlines that children who are used, procured or offered for prostitution should be treated as victims, and not as offenders who have committed a criminal offence (paragraph 510). The Committee requests the Government to ensure that all children under 18 years engaged in prostitution are treated as victims rather than offenders. It also requests the Government to take the necessary measures to ensure that children are effectively removed from commercial sexual exploitation and that they receive the services necessary for their rehabilitation and social integration. Please provide information in this regard, including on the assistance provided to these children through the MGFSS.

Clause (d). Children at special risk. Migrant children. The Committee notes that, according to the 2019 report “Education Sector Analysis Maldives” issued by the Ministry of Education, the population migrates, in particular to Malé, for better opportunities in education. It appears from the school enrolment figures that this population movement is still on the rise. Furthermore, the report indicates that according to official national statistics, adolescent boys who move to Malé are frequently manipulated to become part of the criminal enterprise (page 112). The Committee further notes that, according to information from the UNICEF Child Protection Programme (available on the UNICEF website), 10 per cent of students in Malé live without their parents. Many of them arrived as adolescents, seeking educational opportunities at the secondary level. UNICEF points out that drug abuse among these children has increased dramatically in recent years. In addition, a growing number of children are joining gangs.

The Government indicates in its report that, with regard to internal migration, advocacy and awareness-raising activities are carried out within the framework of children’s rights, including on trafficking. The Government further states that, more generally, the potential for trafficking in the context of internal migration has been reduced in recent years through the implementation of government policies providing education facilities on sparsely populated atolls. Indeed, the “Education Sector Analysis Maldives” report indicates that the Government has taken additional measures to decentralize education by providing resources and facilities in the atolls (page 94). The Committee welcomes the Government’s efforts and encourages it to pursue its efforts to protect children who migrate within the country from the worst forms of child labour. It requests the Government to continue to provide information on the measures taken to ensure that these children are not engaged in the worst forms of child labour, and are cared for by child protection structures.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2017.

Repetition

The Committee notes the Government’s first report.

Article 1 of the Convention. Legal framework. The Committee notes from the Government’s written replies to the Committee on the Rights of the Child (CRC) of January 2016, that the Child Rights Bill, which is to replace the existing Law on the Protection of the Rights of the Child (Law No. 9/91), has been submitted to Parliament, and would be tabled for debate during the first quarter of 2016 (CRC/C/MDV/4-5, Add.1, point 2). The Committee therefore requests the Government to provide information on any progress made regarding the adoption of the Child Rights Bill, and to provide a copy once adopted.

Articles 3(a) and 7(1). Worst forms of child labour and penalties. All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee notes the Government’s information in its report that the Prevention of Human Trafficking Act was adopted in 2013, which criminalizes the act of human trafficking and related activities, including trafficking of children. Its section 10 defines and enumerates exploitative conducts, including compelling a person to provide a service or labour and forcing a person into prostitution. Pursuant to section 21(7), aggravated sanctions are imposed if the victim is a child, as a general principle. The Act also explicitly criminalizes trafficking of children (section 14) and provides for a sanction of 15 years’ imprisonment (section 18), compared to ten years’ imprisonment for trafficking of an adult (section 17). Moreover, under section 27, any person benefiting from forced labour is liable to a sanction of one year’s imprisonment; if the victim is a child, a sanction of five years’ imprisonment will be imposed. The Committee also notes that, according to Issue No. 01 on Labour and Migration published by the Ministry of Economic Development in March 2016, the police service had three ongoing cases related to human trafficking. Out of five cases investigated in 2015, three have been closed due to lack of evidence or the voluntary repatriation of victims. Additionally, the Government has initiated a legal gap analysis of the existing laws on human trafficking in January 2016 following the ratification of the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children on 28 December 2015. The Committee therefore requests the Government to provide information on the measures undertaken to ensure the effective implementation of the Prevention of Human Trafficking Act, including on the numbers of investigations, prosecutions, convictions and penalties applied regarding trafficking of children. It also requests the Government to provide information on any progress made regarding the review of the legislation on trafficking in persons.

Article 3, clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee notes that the Special Provisions Act to Deal with Child Sex Abuse Offenders was adopted in 2009, which criminalizes the use, procuring or offering of a child for prostitution, pornography or pornographic performances with a penalty of up to 25 years’ imprisonment (sections 17–19). The Committee also notes the Government’s written replies to the CRC of January 2016 that under sections 621 and 622 of the amended Penal Code (Law No. 9/2014), soliciting or facilitating child prostitution and child pornography are criminal offences punishable with aggravated sanctions (CRC/C/MDV/4-5, Add.1, point 21, page 22). However, the Committee further notes the Government’s report to the CRC of 28 January 2015 that there have been a few cases in which child prostitution was suspected, but in none of those cases was it possible to gather sufficient evidence to take legal action (CRC/C/MDV/4-5, paragraph 253). As there is also a potential danger of sex tourism, the police service has been trained in detecting and investigating cases of suspected sexual exploitation of children (paragraph 255). Since the entry into force of the Special Provisions Act, a number of cases of “child sexual abuse” have been submitted to the Court, and several persons have been convicted and sentenced to prison terms ranging from ten to 20 years. However, how many of these cases could be considered as sexual exploitation is unknown (paragraph 257). The Committee therefore requests the Government to take the necessary measures to strengthen the enforcement of the Special Provisions Act and the related provisions of the amended Penal Code, and to provide information on the number of investigations, prosecutions and convictions, as well as penalties applied regarding the use, procuring or offering of a child for prostitution, pornography or pornographic performances. It also requests the Government to provide a copy of the Penal Code as amended in 2014.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that, under section 14 of the Prevention of Human Trafficking Act, trafficking of children includes compelling a child to provide unlawful labour or services. Moreover, section 133 of the Drugs Act provides that any person who causes a child below 18 years of age to participate in the commission of an offence under the Act, shall be punished by the maximum penalty determined for that offence, which can be life imprisonment. However, the Committee notes, from the Government’s report to the CRC of 2015, that according to the National Drug Use Survey (2011–12), 47.6 per cent of drug users in Malé were aged 15–19, while the corresponding figure for the atolls is 18.4 per cent (CRC/C/MDV/4-5, paragraph 234). In the same report, the Government also states that drug dealers are increasingly targeting vulnerable children who are neglected by parents or who lack protective structures around them. Such children are lured into addiction and into gangs, and used to market and sell drugs under the firm control of a drug lord. Although there are no official statistics on it, both police and social workers in several atolls have pointed to it as an emerging trend (paragraph 251). The Committee therefore requests the Government to take the necessary measures to prevent the involvement of children in drug-related activities and to ensure the effective enforcement of the Drugs Act. It also requests the Government to provide information on the application of the Drugs Act in practice, including the number of investigations, prosecutions and convictions, as well as penalties applied in this regard.

Articles 3(d) and 4. Determination of hazardous work. With regard to the determination of hazardous work, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Articles 5 and 6. Monitoring mechanisms and programmes of action. Trafficking of children. The Committee notes that the first Anti-Human Trafficking National Action Plan (NAP) has been adopted for the period from 2015 to 2019. It covers four areas, namely protection, prevention, prosecution and collaboration, and provides for prioritized action divided into seven strategic goals; the establishment of necessary mechanisms, coordination of activities, awareness raising, capacity building, smart border control action, international cooperation, and monitoring and evaluation. The Committee also notes from the Government’s written replies to the CRC of January 2016 that a national Anti Trafficking Steering Committee has been established under the Prevention of Human Trafficking Act, aimed at coordinating anti-trafficking activities and implementing the NAP 2015–19 (CRC/C/MDV/4-5, Add.1, point 19). Members include the Ministry of Gender, Family and Human Rights; the Police; the Attorney-General’s Office; the Prosecutor-General’s Office; the Judiciary; the Immigration Services; and the Maldives Tourism Promotion Board (CRC/C/MDV/4-5, paragraph 25(c)). The Committee therefore requests the Government to provide information on the implementation of the NAP in practice, including the activities carried out and the results achieved. It also requests the Government to provide information on the activities of the Anti-Trafficking Steering Committee, particularly in relation to child trafficking.

Article 7(2). Effective and time-bound measures. Clause (a). Prevention of the engagement of children in the worst forms of child labour. Access to free basic education. With regard to education, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Child victims of trafficking. The Committee notes that the Prevention of Human Trafficking Act contains provisions regarding the protection of victims of trafficking, including identification of victims, first response procedures, and assistance to potential victims. In particular, Chapter 8 provides for special protection to child victims of trafficking, in addition to the protection afforded under other provisions. According to the Government’s written replies to the CRC of January 2016, a national hotline was to be established in 2016 as a means to report victims of trafficking and child labour. A service directory has been compiled and a Training of Trainers (TOT) workshop for 25 social workers of the Ministry of Law and Gender was held in 2014 to enhance the capacity of social workers to provide effective services for victims of trafficking in persons. Specialized units for victims of trafficking in persons have been established within the Department of Immigration and the Police Services to provide support and assistance (CRC/C/MDV/4-5, Add.1, point 19, page 20). The Committee also notes, from Issue No. 01 on Labour and Migration published by the Ministry of Economic Development in March 2016, that a permanent shelter for trafficking victims was expected to be established by July 2016. In the meantime, temporary shelters have provided services to five victims during the first quarter of 2016. However, the Committee on the Elimination of Discrimination against Women (CEDAW) expressed its concern at delays in establishing shelters for victims of trafficking and the absence of procedures for early victim identification, case management and victim protection in its concluding observations of 11 March 2015 (CEDAW/C/MAV/CO/4-5, paragraph 24). The Committee therefore requests the Government to take the necessary measures to strengthen the identification of child victims of trafficking and to ensure their rehabilitation and social integration. It also requests the Government to provide information on the activities of the specialized units for victims of trafficking in persons, including the types of services provided and the number of victims who received these services, disaggregated by age and gender. The Committee finally requests the Government to provide information on the progress made regarding the construction of shelters.

2. Child victims of sexual exploitation. The Committee notes that the Special Provisions Act to Deal with Child Sex Abuse Offenders provides for the protection of victims, including protection of their identity, right to counselling at the State’s expense, financial assistance from the State, and support for civil claims against the perpetrators. The Committee also notes that in its concluding observations on the Government’s initial report under the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography of 2009, the CRC expressed its concern that children who had been victims of sexual offences may be criminalized according to Shariah Law, including the charges of zina (CRC/C/OPSC/ MDV/CO/1, part V). The Government indicates in its report to the CRC of 2015 that the term zina signifies voluntary sexual intercourse outside a marriage relation, and that a victim of offences under the Optional Protocol, namely the sale of children, child prostitution and child pornography, is clearly coerced, and thus cannot be guilty of zina. Furthermore, under Maldivian law, children under 13 years of age cannot give consent, while children aged between 13 and 18 are presumed not to have consented to sexual intercourse. However, the Government indicates that it is evident from recent cases, that more must be done to ensure that girls are not coerced into confessing zina (CRC/C/MDV/4-5, paragraph 259). The Committee therefore requests the Government to take the necessary measures to ensure that child victims of sexual exploitation are not treated as criminals and to provide information on any progress made in this regard. It also requests the Government to provide information on the concrete measures undertaken to ensure that children are removed from this worst form of child labour and provided with assistance for their rehabilitation and social integration.

Application of the Convention in practice. The Committee notes the Government’s indication that there has not been any identified case of exploitation of children in the worst forms of child labour. The Government indicates in its report to the CRC of 2015 that none of the workers who have legal status in the country, are officially under 21 years of age due to the requirement to obtain a work permit. However, the Human Rights Commission of Maldives has come across individuals who admit to being under 18 but have falsified documents suggesting they are 21 years of age or older. Authorities also believe that a significant percentage of undocumented migrant workers might be victims of trafficking, among which children are likely to be found. However, there is no way to ascertain their age and there is no data to estimate the scale of the phenomenon (CRC/C/MDV/4-5, paragraphs 262–263). The Government further indicates in its written replies to the CRC of 2016 that a Baseline Survey was conducted in Malé in 2014 to identify employment situations, recruitment processes and awareness on trafficking in persons, and that budgets have been allocated to conduct an in-depth Baseline Survey in 2016 to identify gaps within the system, including the existing framework for identification and inspection (CRC/C/MDV/4-5, Add.1, point 19, page 20). The Committee recalls that undocumented migrant children are more vulnerable to exploitation in the worst forms of child labour, including trafficking. Therefore, every effort should be made to identify and protect these children, taking into account the special situation of girls. The Committee therefore requests the Government to take the necessary measures to ensure the availability of up-to-date statistical information on the worst forms of child labour. It also requests the Government to provide information on any progress made or results achieved regarding the in-depth Baseline Survey in 2016, with a view to reaching out to undocumented migrant children in particular.

CMNT_TITLE

The Committee notes the Government’s first report.

Article 1 of the Convention. Legal framework. The Committee notes from the Government’s written replies to the Committee on the Rights of the Child (CRC) of January 2016, that the Child Rights Bill, which is to replace the existing Law on the Protection of the Rights of the Child (Law No. 9/91), has been submitted to Parliament, and would be tabled for debate during the first quarter of 2016 (CRC/C/MDV/4-5, Add.1, point 2). The Committee therefore requests the Government to provide information on any progress made regarding the adoption of the Child Rights Bill, and to provide a copy once adopted.

Articles 3(a) and 7(1). Worst forms of child labour and penalties. All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee notes the Government’s information in its report that the Prevention of Human Trafficking Act was adopted in 2013, which criminalizes the act of human trafficking and related activities, including trafficking of children. Its section 10 defines and enumerates exploitative conducts, including compelling a person to provide a service or labour and forcing a person into prostitution. Pursuant to section 21(7), aggravated sanctions are imposed if the victim is a child, as a general principle. The Act also explicitly criminalizes trafficking of children (section 14) and provides for a sanction of 15 years’ imprisonment (section 18), compared to ten years’ imprisonment for trafficking of an adult (section 17). Moreover, under section 27, any person benefiting from forced labour is liable to a sanction of one year’s imprisonment; if the victim is a child, a sanction of five years’ imprisonment will be imposed. The Committee also notes that, according to Issue No. 01 on Labour and Migration published by the Ministry of Economic Development in March 2016, the police service had three ongoing cases related to human trafficking. Out of five cases investigated in 2015, three have been closed due to lack of evidence or the voluntary repatriation of victims. Additionally, the Government has initiated a legal gap analysis of the existing laws on human trafficking in January 2016 following the ratification of the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children on 28 December 2015. The Committee therefore requests the Government to provide information on the measures undertaken to ensure the effective implementation of the Prevention of Human Trafficking Act, including on the numbers of investigations, prosecutions, convictions and penalties applied regarding trafficking of children. It also requests the Government to provide information on any progress made regarding the review of the legislation on trafficking in persons.

Article 3, clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee notes that the Special Provisions Act to Deal with Child Sex Abuse Offenders was adopted in 2009, which criminalizes the use, procuring or offering of a child for prostitution, pornography or pornographic performances with a penalty of up to 25 years’ imprisonment (sections 17–19). The Committee also notes the Government’s written replies to the CRC of January 2016 that under sections 621 and 622 of the amended Penal Code (Law No. 9/2014), soliciting or facilitating child prostitution and child pornography are criminal offences punishable with aggravated sanctions (CRC/C/MDV/4-5, Add.1, point 21, page 22). However, the Committee further notes the Government’s report to the CRC of 28 January 2015 that there have been a few cases in which child prostitution was suspected, but in none of those cases was it possible to gather sufficient evidence to take legal action (CRC/C/MDV/4-5, paragraph 253). As there is also a potential danger of sex tourism, the police service has been trained in detecting and investigating cases of suspected sexual exploitation of children (paragraph 255). Since the entry into force of the Special Provisions Act, a number of cases of “child sexual abuse” have been submitted to the Court, and several persons have been convicted and sentenced to prison terms ranging from ten to 20 years. However, how many of these cases could be considered as sexual exploitation is unknown (paragraph 257). The Committee therefore requests the Government to take the necessary measures to strengthen the enforcement of the Special Provisions Act and the related provisions of the amended Penal Code, and to provide information on the number of investigations, prosecutions and convictions, as well as penalties applied regarding the use, procuring or offering of a child for prostitution, pornography or pornographic performances. It also requests the Government to provide a copy of the Penal Code as amended in 2014.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that, under section 14 of the Prevention of Human Trafficking Act, trafficking of children includes compelling a child to provide unlawful labour or services. Moreover, section 133 of the Drugs Act provides that any person who causes a child below 18 years of age to participate in the commission of an offence under the Act, shall be punished by the maximum penalty determined for that offence, which can be life imprisonment. However, the Committee notes, from the Government’s report to the CRC of 2015, that according to the National Drug Use Survey (2011–12), 47.6 per cent of drug users in Malé were aged 15–19, while the corresponding figure for the atolls is 18.4 per cent (CRC/C/MDV/4-5, paragraph 234). In the same report, the Government also states that drug dealers are increasingly targeting vulnerable children who are neglected by parents or who lack protective structures around them. Such children are lured into addiction and into gangs, and used to market and sell drugs under the firm control of a drug lord. Although there are no official statistics on it, both police and social workers in several atolls have pointed to it as an emerging trend (paragraph 251). The Committee therefore requests the Government to take the necessary measures to prevent the involvement of children in drug-related activities and to ensure the effective enforcement of the Drugs Act. It also requests the Government to provide information on the application of the Drugs Act in practice, including the number of investigations, prosecutions and convictions, as well as penalties applied in this regard.

Articles 3(d) and 4. Determination of hazardous work. With regard to the determination of hazardous work, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Articles 5 and 6. Monitoring mechanisms and programmes of action. Trafficking of children. The Committee notes that the first Anti-Human Trafficking National Action Plan (NAP) has been adopted for the period from 2015 to 2019. It covers four areas, namely protection, prevention, prosecution and collaboration, and provides for prioritized action divided into seven strategic goals; the establishment of necessary mechanisms, coordination of activities, awareness raising, capacity building, smart border control action, international cooperation, and monitoring and evaluation. The Committee also notes from the Government’s written replies to the CRC of January 2016 that a national Anti Trafficking Steering Committee has been established under the Prevention of Human Trafficking Act, aimed at coordinating anti-trafficking activities and implementing the NAP 2015–19 (CRC/C/MDV/4-5, Add.1, point 19). Members include the Ministry of Gender, Family and Human Rights; the Police; the Attorney-General’s Office; the Prosecutor-General’s Office; the Judiciary; the Immigration Services; and the Maldives Tourism Promotion Board (CRC/C/MDV/4-5, paragraph 25(c)). The Committee therefore requests the Government to provide information on the implementation of the NAP in practice, including the activities carried out and the results achieved. It also requests the Government to provide information on the activities of the Anti-Trafficking Steering Committee, particularly in relation to child trafficking.

Article 7(2). Effective and time-bound measures. Clause (a). Prevention of the engagement of children in the worst forms of child labour. Access to free basic education. With regard to education, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Child victims of trafficking. The Committee notes that the Prevention of Human Trafficking Act contains provisions regarding the protection of victims of trafficking, including identification of victims, first response procedures, and assistance to potential victims. In particular, Chapter 8 provides for special protection to child victims of trafficking, in addition to the protection afforded under other provisions. According to the Government’s written replies to the CRC of January 2016, a national hotline was to be established in 2016 as a means to report victims of trafficking and child labour. A service directory has been compiled and a Training of Trainers (TOT) workshop for 25 social workers of the Ministry of Law and Gender was held in 2014 to enhance the capacity of social workers to provide effective services for victims of trafficking in persons. Specialized units for victims of trafficking in persons have been established within the Department of Immigration and the Police Services to provide support and assistance (CRC/C/MDV/4-5, Add.1, point 19, page 20). The Committee also notes, from Issue No. 01 on Labour and Migration published by the Ministry of Economic Development in March 2016, that a permanent shelter for trafficking victims was expected to be established by July 2016. In the meantime, temporary shelters have provided services to five victims during the first quarter of 2016. However, the Committee on the Elimination of Discrimination against Women (CEDAW) expressed its concern at delays in establishing shelters for victims of trafficking and the absence of procedures for early victim identification, case management and victim protection in its concluding observations of 11 March 2015 (CEDAW/C/MAV/CO/4-5, paragraph 24). The Committee therefore requests the Government to take the necessary measures to strengthen the identification of child victims of trafficking and to ensure their rehabilitation and social integration. It also requests the Government to provide information on the activities of the specialized units for victims of trafficking in persons, including the types of services provided and the number of victims who received these services, disaggregated by age and gender. The Committee finally requests the Government to provide information on the progress made regarding the construction of shelters.

2. Child victims of sexual exploitation. The Committee notes that the Special Provisions Act to Deal with Child Sex Abuse Offenders provides for the protection of victims, including protection of their identity, right to counselling at the State’s expense, financial assistance from the State, and support for civil claims against the perpetrators. The Committee also notes that in its concluding observations on the Government’s initial report under the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography of 2009, the CRC expressed its concern that children who had been victims of sexual offences may be criminalized according to Shariah Law, including the charges of zina (CRC/C/OPSC/ MDV/CO/1, part V). The Government indicates in its report to the CRC of 2015 that the term zina signifies voluntary sexual intercourse outside a marriage relation, and that a victim of offences under the Optional Protocol, namely the sale of children, child prostitution and child pornography, is clearly coerced, and thus cannot be guilty of zina. Furthermore, under Maldivian law, children under 13 years of age cannot give consent, while children aged between 13 and 18 are presumed not to have consented to sexual intercourse. However, the Government indicates that it is evident from recent cases, that more must be done to ensure that girls are not coerced into confessing zina (CRC/C/MDV/4-5, paragraph 259). The Committee therefore requests the Government to take the necessary measures to ensure that child victims of sexual exploitation are not treated as criminals and to provide information on any progress made in this regard. It also requests the Government to provide information on the concrete measures undertaken to ensure that children are removed from this worst form of child labour and provided with assistance for their rehabilitation and social integration.

Application of the Convention in practice. The Committee notes the Government’s indication that there has not been any identified case of exploitation of children in the worst forms of child labour. The Government indicates in its report to the CRC of 2015 that none of the workers who have legal status in the country, are officially under 21 years of age due to the requirement to obtain a work permit. However, the Human Rights Commission of Maldives has come across individuals who admit to being under 18 but have falsified documents suggesting they are 21 years of age or older. Authorities also believe that a significant percentage of undocumented migrant workers might be victims of trafficking, among which children are likely to be found. However, there is no way to ascertain their age and there is no data to estimate the scale of the phenomenon (CRC/C/MDV/4-5, paragraphs 262–263). The Government further indicates in its written replies to the CRC of 2016 that a Baseline Survey was conducted in Malé in 2014 to identify employment situations, recruitment processes and awareness on trafficking in persons, and that budgets have been allocated to conduct an in-depth Baseline Survey in 2016 to identify gaps within the system, including the existing framework for identification and inspection (CRC/C/MDV/4-5, Add.1, point 19, page 20). The Committee recalls that undocumented migrant children are more vulnerable to exploitation in the worst forms of child labour, including trafficking. Therefore, every effort should be made to identify and protect these children, taking into account the special situation of girls. The Committee therefore requests the Government to take the necessary measures to ensure the availability of up-to-date statistical information on the worst forms of child labour. It also requests the Government to provide information on any progress made or results achieved regarding the in-depth Baseline Survey in 2016, with a view to reaching out to undocumented migrant children in particular.