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

Strengthening the Role of Parliamentarians in the Implementation of the UPR RecommendationsPresentation by: Maryam Azra Ahmed (HRCM)Organized jointly by IPU and Commonwealth Secretariat12-13 Nov. Geneva

Engagement with UPR and Human RightsMaldives reviewed in 2010State reportUN compilationStakeholders 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 UPRIdentifying the most pressing HR issuesPrioritizing the issuesFormed a UPR teamAssigned topicsConsultation with stake holdersConducting field visitsDraft reportFinal report3HRCM Report to UPRInstitutional Framework establishedLegal FrameworkRights of Persons with DisabilitiesRight to Adequate HousingEmployment RightsSubstance AbuseScarcity of WaterChild ProtectionPersons Deprived of Their LibertyRight to EducationRights of Migrant WorkersHealthcare Gender EqualityExtremist Views in Religious Matters Areas highlighted in report includes:4Some of these issues were included in the stakeholders report 126 recommendations were made by the working group in 16 main areas

Working Group ReportScope of International ObligationsConstitutional and Legislative FrameworkInstitutional and Human Rights InfrastructureEquality and Non-DiscriminationRights to Life, Liberty and Security of PersonAdministration of Justice, and the Rule of LawRight to Family Life and PrivacyFreedom of Religion or Belief, Expression, and the Right to Participate in Public and Political Life6Right to Work, and to Just and Favourable Conditions of WorkRight to Social Security and to an Adequate Standard of LivingRight to Education and to Participate in the Cultural Life of the CommunityMigrants, Refugees and Asylum-SeekersRight to DevelopmentCapacity-building and Technical AssistanceClimate ChangeFollow-up to UPRWorking Group Report (contnd)7The 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 RecommendationsA 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 upSorting RecommendationsIdentified 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 SportsSign/ Ratify ICRMWRatify 8 Core ILO conventionsEnact Legislation and formulate national action plans to prevent economic exploitation of ChildrenEnact Legislation and formulate national action plans to prevent hazardous work by childrenPromulgate laws imposing stricter punishments for violations, and hold employers who violate laws accountableTake steps to improve female participation in the labour market Establish a national minimum wagePut in place procedures to deal with those vulnerable to exploitation and trafficking

Attorney Generals OfficeSign/Ratify Protocol on Trafficking in PersonsSign/Ratify OP ICESCRAdopt remaining 120 Bills in ParliamentEnact 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 victimAmend sentencing guidelines for sexual abuse cases to bring in line with gravity of crime committedContinue efforts to guarantee human rights enshrined in ConstitutionEnsure HRCM fully compliant with Paris PrinciplesAdopting a Womens Rights 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 BillImplement the UN Basic Principles on the Independence of the Judiciary and the Role of LawyersContinue efforts to build a strong and independent judiciarySupport the establishment of an independent bar associationTake concrete steps to encourage and facilitate open and public debate on religions issuesCreate an environment for a free media, including through legislation on freedom of expressionDraft legislation prohibiting and punishing all forms of trafficking in persons, including the forced labour of migrants

Ministry of Foreign AffairsSign/Ratify Protocol on Trafficking in PersonsSign/Ratify OP ICESCRSign/Ratify OP2 ICCPRRatify Rome Statute on ICC (signed)Review and withdraw reservation under ICCPRPut in place procedures to deal with those people vulnerable to exploitation and traffickingSeek capacity-building support from OHCHR for implementing human rights prioritiesSeek support from UN specialised agencies for building and strengthening drug-rehabilitation institutions.

Ministry of Home AffairsEstablish programmes and measures to combat the spread of a culture of violence among youth and childrenStrengthen the child protection systemEnsure that children under 18 years are not punished as adults in the judicial systemTake measure to combat human trafficking, including by enacting relevant legislationPut in place procedures to deal with those people vulnerable to exploitation and traffickingEnsure that children in conflict with the law have access to educationCooperate with other countries that have large numbers of migrant workers to find solutions

Ministry of HousingTake action to mitigate the adverse effects of the rising cost of housing in Male, including through social security benefits or microfinanceContinue to implement adaptation strategies with international supportTake a rights-based approach to adaptation and disaster risk reduction, including by consulting concerned populations and prioritising vulnerable population groups

Ministry of Islamic AffairsEnd the application of cruel, inhuman or degrading penalties/corporal punishment such as public floggingTake concrete steps to encourage and facilitate open and public debate on religions issues

Ministry of EducationFurther develop educationContinue the policy of free education for all childrenContinue programmes and measures to guarantee the right to educationIntensify efforts to improve access to education for students from low-income familiesImprove human rights educationFocus on achieving the MDGs

Health, Gender and Human RightsFocus on achieving the MDGsIntensify awareness-raising and educational campaigns to combat violence against womenPrioritize legislation on the protection of children against abuse.Increase efforts to bring to justice those responsible for sexual abuse against childrenEstablish programmes and measures to combat the spread of a culture of violence among youth and childrenTackle underage marriageEnact legislation and formulate national action plans to prevent economic exploitation of childrenEnact legislation and formulate national action plans to prevent hazardous work by childrenEnact legislation and formulate national action plans to combat drug abuse

Enact legislation and formulate national action plans to combat sexual exploitation of women and childrenPut in place procedures to deal with those people vulnerable to exploitation and traffickingTake all necessary measures to ensure the elimination all forms of violence against womenContinue to allocate resources for effective poverty reduction measuresContinue to implement national gender equality policy by strengthening legislation on non-discrimination/equalityStep-up efforts to implement national gender mainstreaming policyAdopt [additional] measures to combat violence against women/sexual and domestic violence

Current challengesThe legally guaranteed human rights are very new to the MaldiviansFully 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 ParliamentariansMembers 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.

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 agesParliamentarians RolesParliamentarians RolesQuestion the relevant ministry on what actions are being taken to follow up the recommendationsCan question how the government respond to the recommendationsFind out the short term, mid and long term plans to implement the UPR recommendations

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.Parliamentarians RolesEnsure national laws are in compliance with international conventions signed, in addition to constitutional compatibilityMake public aware of the human aspects of contentious issues like discriminatory practices, gender roles, sexual harassment, domestic violenceThrough media forums, parliamentary debates, and directly with constituenciesParliamentarians RolesSpecific ChallengesPolitical atmosphereProtests monitoringConsultative meetingsInvestigationsPublic expectationsMaintaining independence and impartiality

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

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