Strengthening the Role of Parliamentarians in the Implementation of the UPR Recommendations

1. Strengthening the Role of Parliamentarians in the Implementation of the UPR Recommendations Presentation by: Maryam Azra Ahmed (HRCM) Organized jointly by IPU and Commonwealth Secretariat 12-13 Nov. Geneva

2. Engagement with UPR and Human Rights • Maldives reviewed in 2010 • State report • UN compilation • Stakeholders report • HRCM submitted a 5 page report which was incorporated in the stakeholders report. • HRCM attended as observer when State delegation reported and Maldives was reviewed.

3. Identifying the most pressing HR issues Prioritizing the issues HRCM Reporting Process for UPR Formed a UPR team Assigned topics Consultation with stake holders Conducting field visits Draft report Final report

4. HRCM Report to UPR • Areas highlighted in report includes: • Institutional Framework established • Legal Framework • Rights of Persons with Disabilities • Right to Adequate Housing • Employment Rights • Substance Abuse • Scarcity of Water • Child Protection • Persons Deprived of Their Liberty • Right to Education • Rights of Migrant Workers • Healthcare • Gender Equality • Extremist Views in Religious Matters

5. Some of these issues were included in the stakeholders report • 126 recommendations were made by the working group • in 16 main areas

6. Working Group Report • Scope of International Obligations • Constitutional and Legislative Framework • Institutional and Human Rights Infrastructure • Equality and Non-Discrimination • Rights to Life, Liberty and Security of Person • Administration of Justice, and the Rule of Law • Right to Family Life and Privacy • Freedom of Religion or Belief, Expression, and the Right to Participate in Public and Political Life

7. Working Group Report (contnd) • Right to Work, and to Just and Favourable Conditions of Work • Right to Social Security and to an Adequate Standard of Living • Right to Education and to Participate in the Cultural Life of the Community • Migrants, Refugees and Asylum-Seekers • Right to Development • Capacity-building and Technical Assistance • Climate Change • Follow-up to UPR

8. The Maldives is party to 8 of the 9 core international Human rights instruments and most of its optional protocols. • National Constitution has a comprehensive chapter on human rights and fundamental freedoms • Separation of powers, independent oversight bodies established

9. Follow up of Recommendations • A Standing Committee was involved in the drafting stages of the State Report and this Committee has extended its mandate to follow up on the recommendations as well. The HRCM is involved in this Committee. • The recommendations have been broken down sector wise and plans are being drawn up

10. Sorting Recommendations Identified the recommendations that can be • accepted and immediately implemented, • rejected, • need further consideration, and • recommendations that need more wider consultation. Implementing agencies were identified and informed.

11. Ministry of Human Resources, Youth and Sports • Sign/ Ratify ICRMW • Ratify 8 Core ILO conventions • Enact Legislation and formulate national action plans to prevent economic exploitation of Children • Enact Legislation and formulate national action plans to prevent hazardous work by children • Promulgate laws imposing stricter punishments for violations, and hold employers who violate laws accountable • Take steps to improve female participation in the labour market • Establish a national minimum wage • Put in place procedures to deal with those vulnerable to exploitation and trafficking

12. Attorney Generals Office • Sign/Ratify Protocol on Trafficking in Persons • Sign/Ratify OP ICESCR • Adopt remaining 120 Bills in Parliament • Enact new Penal Code and ensure that it is fully consistent with International Human Rights standards. • Amend evidentiary requirements/laws so less strict and do not fall disproportionally on victim • Amend sentencing guidelines for sexual abuse cases to bring in line with gravity of crime committed • Continue efforts to guarantee human rights enshrined in Constitution • Ensure HRCM fully compliant with Paris Principles

13. Adopting a Women’s Right’s Bill, Adopting a bill providing redress and protection services to victims of Domestic violence (enacted) and sexual harassment (draft open for comments now) • Adopting A Child Rights Bill • Implement the UN Basic Principles on the Independence of the Judiciary and the Role of Lawyers • Continue efforts to build a strong and independent judiciary • Support the establishment of an independent bar association • Take concrete steps to encourage and facilitate open and public debate on religions issues • Create an environment for a free media, including through legislation on freedom of expression • Draft legislation prohibiting and punishing all forms of trafficking in persons, including the forced labour of migrants

14. Ministry of Foreign Affairs • Sign/Ratify Protocol on Trafficking in Persons • Sign/Ratify OP ICESCR • Sign/Ratify OP2 ICCPR • Ratify Rome Statute on ICC (signed) • Review and withdraw reservation under ICCPR • Put in place procedures to deal with those people vulnerable to exploitation and trafficking • Seek capacity-building support from OHCHR for implementing human rights priorities • Seek support from UN specialised agencies for building and strengthening drug-rehabilitation institutions.

15. Ministry of Home Affairs • Establish programmes and measures to combat the spread of a culture of violence among youth and children • Strengthen the child protection system • Ensure that children under 18 years are not punished as adults in the judicial system • Take measure to combat human trafficking, including by enacting relevant legislation • Put in place procedures to deal with those people vulnerable to exploitation and trafficking • Ensure that children in conflict with the law have access to education • Cooperate with other countries that have large numbers of migrant workers to find solutions

17. Ministry of Housing • Take action to mitigate the adverse effects of the rising cost of housing in Male, including through social security benefits or microfinance • Continue to implement adaptation strategies with international support • Take a rights-based approach to adaptation and disaster risk reduction, including by consulting concerned populations and prioritising vulnerable population groups

19. Ministry of Islamic Affairs • End the application of cruel, inhuman or degrading penalties/corporal punishment such as public flogging • Take concrete steps to encourage and facilitate open and public debate on religions issues

20. Ministry of Education • Further develop education • Continue the policy of free education for all children • Continue programmes and measures to guarantee the right to education • Intensify efforts to improve access to education for students from low-income families • Improve human rights education • Focus on achieving the MDGs

22. Health, Gender and Human Rights • Focus on achieving the MDGs • Intensify awareness-raising and educational campaigns to combat violence against women • Prioritize legislation on the protection of children against abuse. • Increase efforts to bring to justice those responsible for sexual abuse against children • Establish programmes and measures to combat the spread of a culture of violence among youth and children • Tackle underage marriage • Enact legislation and formulate national action plans to prevent economic exploitation of children • Enact legislation and formulate national action plans to prevent hazardous work by children • Enact legislation and formulate national action plans to combat drug abuse

23. Enact legislation and formulate national action plans to combat sexual exploitation of women and children • Put in place procedures to deal with those people vulnerable to exploitation and trafficking • Take all necessary measures to ensure the elimination all forms of violence against women • Continue to allocate resources for effective poverty reduction measures • Continue to implement national gender equality policy by strengthening legislation on non-discrimination/equality • Step-up efforts to implement national gender mainstreaming policy • Adopt [additional] measures to combat violence against women/sexual and domestic violence

24. Current challenges • The legally guaranteed human rights are very new to the Maldivians • Fully understanding the rights and freedoms and exercising them responsibly will take time. • This is not only the case with the general public, but also with politicians and parliamentarians. • Major challenges in upholding the rule of law and good governance as we sometimes see deliberate disrespect to rule of law which inevitably leads to human rights violations

25. Vital Role of Parliamentarians • Members of Parliament can be the top models of Human Rights. • MPs are the law makers. They in fact can affect everything we do. • MPs can hold the government accountable for human rights protection and human rights violations. • MPs can allocate financial resources prioritizing using a human rights perspective. • MPs can raise awareness and advocate to promote respect for human rights to instill attitudes and beliefs to build a culture that respects human rights, democracy and rule of law.

26. Parliamentarian’s Roles • Initiate discussions in Majlis about the issues that need public awareness raising, in a positive and constructive manner. • Majlis sessions are the most frequently watched by public, • Radio and TVs bring the sessions live to the public, • Taxis, cafes, restaurants, homes – all ages

27. Parliamentarian’s Roles • Question the relevant ministry on what actions are being taken to follow up the recommendations • Can question how the government respond to the recommendations • Find out the short term, mid and long term plans to implement the UPR recommendations

28. Parliamentarian’s Roles • Speed up the bills that are most urgently needed for the protection of human rights of the most vulnerable and for the delivery of justice. • Initiate parliamentary debates on issues that need public consultation, and make constituents aware of the pertinent issues so that informed discussions take place in constituencies.

29. Parliamentarian’s Roles • Ensure national laws are in compliance with international conventions signed, in addition to constitutional compatibility • Make public aware of the human aspects of contentious issues like discriminatory practices, gender roles, sexual harassment, domestic violence • Through media forums, parliamentary debates, and directly with constituencies

30. Specific Challenges • Political atmosphere • Protests monitoring • Consultative meetings • Investigations • Public expectations • Maintaining independence and impartiality

31. International assistance & cooperation • HRCM Staff and Commissioners needed assistance and reassurances by other well established institutions • HRCM had the opportunity to share our concerns with International and regional partners. • Assistance was promptly offered by APF, ICC, Commonwealth, OHCHR, UNDP.

32. Thank you for your attention! Thank you!