Solicitud directa (CEACR) - Adopción: 2020, Publicación: 109ª reunión CIT (2021)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Maldivas (Ratificación : 2013)

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.