Consideration of reports of States parties
Maldives
Initial reports
114. The Committee considered the initial report of
Maldives (CEDAW/C/MDV/1) at its 498th, 499th and 506th
meetings, on 24 and 30 January 2001 (see CEDAW/C/SR.498,
499 and 506).
(a) Introduction by the State party
115.
In introducing the report, the representative of Maldives
informed the Committee that there had been several
positive developments since the submission of the
initial report in 1998. She noted that the existing
laws and policies did not discriminate against women
in the areas of access to health services, education
and employment, but socio-cultural factors restricted
women's de facto enjoyment of rights in these areas.
The fifth national development plan period was almost
over and the sixth national development plan currently
being drawn up would incorporate a separate section
on gender as a cross-cutting policy issue to ensure
that gender concerns were addressed in development
planning.
116.
The representative said that measures, including public
awareness-raising campaigns and the promotion of family
life education, had been taken to eliminate traditional
stereotypical attitudes with regard to the roles of
women, and were reinforced by images in textbooks
and the media. Although domestic violence was still
largely considered to be a private matter, the Government
had initiated public awareness campaigns to address
such violence. Women who were victims of domestic
violence could now report to the National Security
System, which dealt with the issue through the criminal
law. Trafficking of women and girls was not considered
to be a problem in Maldives but, with the growing
expatriate population, it was believed there would
be a need to introduce anti-trafficking measures in
the future. Prostitution was illegal and subject to
strong religious and social sanctions, but it was
thought to exist.
117.
The representative informed the Committee that although
the Constitution indicated that the Head of State
of Maldives should be male, the political participation
of women, as both voters and candidates, was encouraged.
Despite public awareness and legal literacy campaigns
aimed at increasing women's political participation,
few women candidates presented themselves for election
and only 10 per cent of the Majlis were women. In
2000, two women had been appointed to the post of
Assistant Island Chief, the second highest-ranking
island official, while one woman had been appointed
acting Atoll Chief. There were no legal barriers to
women participating in the foreign service or in international
organizations, but only one female diplomat was currently
working abroad.
118.
The representative said that there was no discrimination
with regard to nationality and that women had equal
rights with men to acquire, retain or change their
nationality. Marriage to a foreigner did not change
a woman's nationality, and the 1998 Constitution had
conferred Maldivian citizenship on children born to
Maldivian mothers and foreign fathers. Women could
obtain a passport and travel without the permission
of their spouses or other male relatives.
119.
The representative informed the Committee that no
affirmative action policies to ensure gender equality
existed. There was no disparity in the enrolment of
girls and boys up to grade 10, which resulted in a
very high rate of literacy among girls until secondary
school. Only a limited number of students gained access
to higher education because of the absence of a university
in the country and transportation difficulties. There
were no quotas for scholarships, including in traditionally
male-dominated disciplines, such as engineering and
law. Although there was no discrimination between
women and men insofar as access to employment or remuneration,
cultural practices promoted gender segregation in
employment, with traditional views on the division
of labour dictating that women's primary responsibility
was with regard to childcare, the household and agricultural
activities.
120.
The representative noted that women and men had equal
access to health care and that the overall health
situation had improved as a result of better access
to health and medical services. There was no disparity
in the health status of girls and boys and no substantial
difference in infant mortality and growth rates. A
number of governmental initiatives had been introduced
to address persisting disparities between the nutritional
and health status of women and men during the reproductive
years, and the media had launched public awareness
campaigns on reproductive health.
121.
The representative said that a new family law had
been enacted by the Majlis in December 2000 and would
enter into force on 1 July 2001. The law would include
provisions on conditions for prenuptial agreements,
polygamy and divorce. The new law would terminate
the husband's right to non-judicial unilateral divorce
and require court proceedings. It would also provide
for the equal division of joint property on divorce
and financial provision from the former husband for
children and former wives. Eighteen years would be
established as the minimum legal age of marriage for
both women and men, unless the marriage registrar
determined that there were special circumstances,
despite the fact that the sharia provided that an
individual could enter into marriage upon puberty.
In that regard, the Government had implemented a programme
to discourage and prevent early marriages.
(b) Concluding comments of the Committee
Introduction
122.
The Committee expresses its satisfaction at the submission
of the initial report of the Government of Maldives
and the frank and constructive dialogue with the delegation.
The Committee notes that the report did not provide
specific and adequate information on national plans
and laws in conformity with the Committee's guidelines,
but expresses its appreciation for additional information
given in the documents provided during the session
and oral responses.
Positive aspects
123.
The Committee commends the political will expressed
in the Maldives "Vision 20/20" to work towards
women's human rights as an integral dimension of national
development. It welcomes the efforts made in regard
to gender mainstreaming in the national plan of action
and the national development plan.
124.
The Committee also commends the recent measures taken
to increase the participation of women as atoll chiefs
and in island women's committees and atoll development
committees.
125.
The Committee welcomes the progress achieved and reflected
in a very high adult literacy rate for women, and
parity among boys and girls in primary and secondary
education. It commends the improved indicators on
life expectancy for women.
126.
The Committee commends the efforts made to appraise
laws for discrimination against women. The Committee
welcomes, in particular, the ongoing efforts to bring
the law on family relations into harmony with the
Convention through the adoption of a new family law.
127.
The Committee commends the Government for amending
its nationality law and for granting women equal rights
with men to acquire, change or retain their nationality,
and also to transfer their nationality to their children.
128.
The Committee also commends the Government for its
progressive development of the national machinery
and the establishment in 1998 of the Ministry of Women's
Affairs and Social Security. It welcomes the initiative
to reconstitute the National Women's Council as a
Gender Equality Council chaired by the President of
Maldives.
Factors and difficulties affecting the implementation
of the Convention
129.
The Committee notes that geographical distances between
islands and atolls as well as stereotypes constitute
impediments to the full implementation of the Convention.
Principal areas of concern and recommendations
130.
The Committee expresses its concern with the reservations
entered by the State party to articles 7 (a) and 16
of the Convention. It is concerned that the reservation
to article 7 (a) on political participation supports
the retention of legislative provisions that exclude
women from the office of President and Vice-President
of the country.
131.
The Committee urges the Government to withdraw these
reservations and to repeal legislation limiting women's
political participation in public life.
132.
The Committee expresses its regret that there is an
absence of an effective machinery to enforce the rights
recognized by the Constitution and to claim remedies.
The Committee expresses its concern that the constitutional
provisions on fundamental rights do not include non-discrimination
on the ground of sex.
133.
The Committee urges the Government to incorporate
in the Constitution a provision against sexual discrimination
and to provide for the effective enforcement of fundamental
rights.
134.
The Committee notes that the Government has not yet
introduced temporary special measures, in accordance
with article 4, paragraph 1, of the Convention, to
improve women's access to higher education, decision-making
positions and legislative bodies at the national and
local levels.
135.
The Committee urges the Government to introduce temporary
special measures in a short-term and long-term framework.
It requests the Government to combine them with public
awareness and legal literacy programmes that challenge
sexual stereotypes and recognize the right of women
to equality. The Committee urges the Government to
give priority to developing such programmes in areas
of the country with high literacy levels.
136.
The Committee notes with concern that early marriage
and domestic responsibilities contribute to high dropout
rates for girls. The Committee urges the Government
to introduce minimum age of marriage laws and other
programmes to prevent early marriage, in line with
the obligations of the Convention.
137.
The Committee notes with concern the under-reporting
of violence against women, including domestic violence,
and the absence of effective laws and law enforcement
and a support system for women who are victims of
violence. It expresses particular concern that violence
against women is understood in the community and in
the legal system to be a private matter rather than
an infringement of human rights and a violation of
the Convention.
138.
The Committee urges the Government to improve law-enforcement
measures, enact laws on domestic violence, including
domestic violence and marital rape, in accordance
with general recommendation 19, on violence against
women,5 and work with women's groups to obtain reliable
data and provide relief to victims of violence. The
Committee requests the Government to respond to this
issue in national plans, based on the Beijing Platform
for Action and the Commonwealth Plan of Action on
Gender and Development. It calls upon the Government
to create public awareness on violence against women
as an infringement of human rights that has grave
social costs for the whole community.
139.
The Committee expresses its concern that family laws
discriminate against women and notes with concern
the high divorce rates, which have an adverse impact
on women and children.
140.
The Committee urges the Government to enforce the
new family law, which tries to address this problem,
and to continue its efforts to reform all areas of
family law so as to protect the human rights of women.
141.
The Committee calls upon the Government to obtain
information on comparative jurisprudence seeking to
interpret Islamic law in harmony with international
human rights standards and the Beijing Platform for
Action.
142.
The Committee notes with concern that the health and
nutrition of girls suffer after puberty and that maternal
mortality and morbidity rates and the mortality rate
of girls under the age of 5 years remain at unsatisfactory
levels. The Committee is also concerned that patriarchal
and stereotypical attitudes have a negative impact
on women's health and nutrition.
143.
The Committee calls upon the Government to obtain
information on the causes of maternal mortality, malnutrition
and morbidity and the mortality rate of girls under
the age of 5 years, and to develop programmes to address
those problems.
144.
The Committee urges the Government to sign and ratify
the Optional Protocol to the Convention and to deposit
as soon as possible its instrument of acceptance of
the amendment of article 20, paragraph 1, of the Convention,
concerning the meeting time of the Committee.
145.
The Committee requests the Government to respond in
its next periodic report to the specific issues raised
in the present concluding comments. It also requests
the Government to provide in its next report an assessment
of the impact of measures taken to implement the Convention.
146.
The Committee requests the wide dissemination in Maldives
of the present concluding comments in order to make
the people of Maldives, in particular governmental
administrators and politicians, aware of the steps
that have been taken with regard to de jure and de
facto equality for women and of the future steps that
are required in that regard. It requests the Government
to continue to disseminate widely, and in particular
to women's and human rights organizations, the Convention
and its Optional Protocol, the general recommendations
of the Committee, the Beijing Declaration and Platform
for Action and the results of the twenty-third special
session of the General Assembly, entitled "Women
2000: gender equality, development and peace for the
twenty-first century".