Strengthening the Role of
Parliamentarians in the
Implementation of the UPR
Recommendations
Organized jointly by IPU and Commonwealth Secretariat
12-13 Nov. Geneva
Presentation by: Maryam Azra Ahmed (HRCM)
Engagement with UPR and Human Rights
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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.
HRCM Reporting Process for UPR
Identifying the most pressing HR issues
Prioritizing the issues
Formed a UPR team
Assigned topics
Consultation with stake holders
Draft report
Final report
Conducting field visits
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
• Some of these issues were
included in the
stakeholders report
 126 recommendations were made by the
working group
 in 16 main areas
Working Group Report
1. Scope of International Obligations
2. Constitutional and Legislative Framework
3. Institutional and Human Rights Infrastructure
4. Equality and Non-Discrimination
5. Rights to Life, Liberty and Security of Person
6. Administration of Justice, and the Rule of Law
7. Right to Family Life and Privacy
8. Freedom of Religion or Belief, Expression, and the Right to
Participate in Public and Political Life
Working Group Report (contnd)
9. Right to Work, and to Just and Favourable
Conditions of Work
10. Right to Social Security and to an Adequate
Standard of Living
11. Right to Education and to Participate in the
Cultural Life of the Community
12. Migrants, Refugees and Asylum-Seekers
13. Right to Development
14. Capacity-building and Technical Assistance
15. Climate Change
16. Follow-up to UPR
• 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
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
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.
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
Attorney Generals Office
1.
2.
3.
4.
5.
6.
7.
8.
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
9.
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)
10. Adopting A Child Rights Bill
11. Implement the UN Basic Principles on the Independence of the
Judiciary and the Role of Lawyers
12. Continue efforts to build a strong and independent judiciary
13. Support the establishment of an independent bar association
14. Take concrete steps to encourage and facilitate open and public
debate on religions issues
15. Create an environment for a free media, including through
legislation on freedom of expression
16. Draft legislation prohibiting and punishing all forms of trafficking
in persons, including the forced labour of migrants
Ministry of Foreign Affairs
1.
2.
3.
4.
5.
6.
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
7. Seek capacity-building support from OHCHR for
implementing human rights priorities
8. Seek support from UN specialised agencies for building
and strengthening drug-rehabilitation institutions.
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
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
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
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
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
• 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
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
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.
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
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
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.
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
Specific Challenges
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Political atmosphere
Protests monitoring
Consultative meetings
Investigations
Public expectations
Maintaining independence and impartiality
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.
Thank you!
Thank you
for your
attention!