Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

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.