Tag: Advocating the Rights of Children (ARC)

ARC exhibition opened by first lady

A photo exhibition for children’s rights NGO Advocating the Rights of Children (ARC) has opened in Malé’s National Art Gallery, with First Lady Madam Fathimath Ibrahim cutting the ribbon yesterday morning.

The first lady commended ARC for its efforts to promote and protect the rights of the child, and acknowledged the greater need to raise awareness on issues concerning children’s welfare.

The exhibition – which runs until Friday (November 7) between 10am and 11pm – features photographs depicting areas from the International Convention on the Rights of the Child.

Twelve photographs were chosen to be included in ARC’s official 2015 calendar, with the winners being revealed and certificates awarded by the first lady at yesterday’s opening ceremony.

All proceeds from the calendar sales will be used to fund ARC’s HOPE Campaign against Child Abuse.

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Local NGO launches child abuse prevention website

Maldivian NGO Advocating the Rights of Children (ARC) launched the website for HOPE Campaign against Child Abuse and announced its partnership with telecommunications company Dhiraagu for an upcoming fundraising road race event on May 7.

The website will provide “easy access” to information in four key HOPE Campaign areas in both Dhivehi and English. The campaign is focused on helping children ‘heal’, the importance of ‘outreach’, ways to ‘prevent’ abuse, and how to ‘empower’ children against abuse.

To support the NGO’s advocacy and awareness efforts, ARC will hold a “run to make a difference road race” in partnership with Dhiraagu, with 100 percent of the proceeds used for child protection programs.

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High Court appeal of 15 year-old rape victim’s sentence begins

The High Court appeal case for a 15 year-old rape victim sentenced to flogging and house arrest after she was found guilty of fornication began today (April 29).

The 15 year-old was convicted of premarital sex at the Juvenile Court on February 26 and sentenced to 100 lashes and eight months of house arrest, after confessing to fornication with another man. The confession was made during a separate investigation which was launched following the discovery of a dead baby buried in the outdoor shower area of her home.

The High Court trial that began today (April 29) was not open to the public, as the presiding judge exercised the authority to exclude the public “where the interest of juveniles or the victims of a crime so require”, as stated in Article 42 of the Constitution, according to local media.

High Court media official Ameen Faisal told local media that the Human Rights Commission of Maldives (HRCM) had also intervened in the case.

The victim’s state-appointed attorney filed the appeal with the High Court on April 1.

At the time, former Attorney General Aishath Azima Shukoor told local media the case had to be appealed because the Juvenile Court had taken statements from the witnesses in violation of procedure.

Shukoor also said the Juvenile Court ruling was in violation of Islamic Sharia as it had not considered psychological reports produced to the court.

Additionally, the child’s defence claimed her testimony was taken in violation of constitution and the charges against her were filed in violation of criminal procedure.

Sources from the girl’s island of Feydhoo in Shaviyani Atoll previously told Minivan News that concerns had been raised by islanders since 2009 that the minor was allegedly the victim of sexual abuse not just by her stepfather, but an unidentified number of other men on the island.

In June 2012, the girl gave birth to a baby which was later discovered buried in the outdoor shower area of her home. Her stepfather was later charged with child sexual abuse, possession of pornographic materials and committing premeditated murder. Her mother was meanwhile charged with concealing a crime and failing to report child sexual abuse to the authorities.

Council heads and senior civil society figures have slammed the judiciary, state authorities and welfare groups over their systemic failure to protect the 15 year-old girl.

Sentencing controversy

The 15-year-old’s case has brought international attention to the Maldives’ legal system, including the launch of an online Avaaz.org petition signed by over two million people that has threatened to put pressure the tourism industry. The sentencing of the minor has also come under high-profile public criticism from British multi-billionaire Sir Richard Branson, founder of the Virgin group of companies.

President Mohamed Waheed Hassan Manik’s government previously criticised the verdict, pledging earlier this year to review the use of flogging as a punishment for sexual offences – a practice it alleged in some cases actually serves to punish victims of rape and abuse.

Following the Juvenile Court’s ruling in February, Waheed stated on his official Twitter account: “I am saddened by the sentence of flogging handed to a minor. Govt will push for review of this position.”

However, the religious Adhaalath Party (AP) – which largely makes up the ranks of the Islamic Ministry and with which President Waheed’s Gaumee Ithiaad Party (GIP) entered into a coalition in March – endorsed the sentence.

“The purpose of penalties like these in Islamic Sharia is to maintain order in society and to save it from sinful acts. It is not at all an act of violence. We must turn a deaf ear to the international organisations which are calling to abolish these penalties, labeling them degrading and inhumane acts or torture,” read a statement from the party.

“If such sinful activities are to become this common, the society will break down and we may become deserving of divine wrath,” the Adhaalath Party stated.

Inadequate child protection measures

A Maldivian children’s rights NGO recently criticised child protection measures currently in place as “inadequate”, while urging government authorities to incorporate several key human rights obligations into domestic law.

NGO Advocating the Rights of Children (ARC) told Minivan News earlier this month that although the Maldives has signed and agreed to be legally bound by the provisions in the Convention on the Rights of the Child (CRC) and its Optional Protocols, the commitments have yet to be adopted into law.

ARC claimed that provisions outlined in the CRC had not been fully adopted by the state into domestic legislation, thereby limiting the promotion and protection of child rights.

“The recent case of a 15-year old girl, whose rights were violated and abused by her stepfather is a clear example of how domestic judicial and legal mechanisms failed to address and rectify the violation over a substantial period of time, at different levels,” ARC said.

“This is a situation where an individual complaint to the UN Committee could hold the government accountable even if the ‘domestic remedial system’, including judicial and legal mechanisms, fail to address the issue of abuse.

“Ratifying this optional protocol will help protect the rights of children as it could help reduce the number of cases in the Maldives where a lack of legislation, clarity and commitment to international human rights law allow serious injustices to proliferate,” ARC added.

Meanwhile, neglect and abuse of children were reported to have increased to an “alarming level“, compelling the the Maldives’ Ministry of Gender, Family and Human Rights to submit an amendment (April 7) that would transfer parental guardianship of children in cases of negligence.

Earlier this year, ARC called on the Maldivian government to pass legislation concerning the treatment of sexual abuse victims. The NGO also raised concerns over the potential impact on the state’s ability to prevent sexual offences following reductions to the state budget approved by parliament in December 2012.

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NGO urges government to address “inadequate” child protection measures

A Maldivian NGO has criticised child protection measures currently in place in the country as “inadequate”, while urging government authorities to incorporate several key human rights obligations into domestic law.

Local NGO Advocating the Rights of Children (ARC) told Minivan News today (April 21) that although the Maldives has signed and agreed to be legally bound by the provisions in the Convention on the Rights of the Child (CRC) and its Optional Protocols, the commitments have yet to be adopted into law.

ARC said it therefore “strongly urged” the Maldivian government to ratify the CRC Optional Protocol on a Communications Procedure as soon as possible to “enhance child protection measures in the country and to uphold its international legal obligations and responsibilities under the convention.”

ARC today claimed that provisions outlined in the CRC had not been fully adopted by the state into domestic legislation, thereby limiting the promotion and protection of child rights.

“Even though there is work being done to protect children, it is not enough,” the organisation said.

“The CRC’s optional [communications] protocol allows individuals, a group of individuals or their representatives to submit complaints to the UN Committee on the Rights of the Child claiming to be victims of a violation by the state, of any rights enshrined in the convention or any of its optional protocols which the Maldives is a party to.

“What is very important is that children themselves or their parents can submit complaints if domestic [legal measures] have been exhausted,” ARC added.

ARC cited the recent example of the 15-year-old rape victim from the island of Feydhoo in Shaviyani Atoll who was convicted of premarital sex at the Juvenile Court in February and sentenced to 100 lashes and eight months of house arrest.

“The recent case of a 15-year old girl, whose rights were violated and abused by her step-father is a clear example of how domestic judicial and legal mechanisms failed to address and rectify the violation over a substantial period of time, at different levels,” ARC said.

“This is a situation where an individual complaint to the UN Committee could hold the government accountable even if the ‘domestic remedial system’, including judicial and legal mechanisms, fail to address the issue of abuse.

“Ratifying this optional protocol will help protect the rights of children as it could help reduce the number of cases in the Maldives where a lack of legislation, clarity and commitment to international human rights law allow serious injustices to proliferate,” ARC added.

Council heads and senior civil society figures have previously slammed the judiciary, state authorities and welfare groups over their systemic failure to protect the 15 year-old girl, despite her history of alleged sexual abuse dating back to 2009.

The 15-year-old’s case has brought international attention to the Maldives’ legal system, including the launch of an online Avaaz.org petition signed by over 2 million people that has threatened to boycott Maldivian tourism.  The sentencing of the minor has also come under high-profile public criticism from British multi-billionaire Sir Richard Branson, founder of the Virgin group of companies.

Former Attorney General Azima Shukoor has already appealed the court’s sentencing decision against the minor.

ARC said it hope ratifying the treaty in the Maldives would instill “a sense of transparency on child rights issues and encourage the government to be more accountable to its obligations.”

“The protocol is specifically designed to allow members of the public to submit complaints to an international body if children’s rights have been violated,” ARC added.

ARC said it had been informed by the Maldivian government that the ratification process had been started and was hoped to be concluded  “at the earliest opportunity”.

UNICEF’s view

The UN General Assembly adopted the CRC’s optional communications protocol (treaty) in December 2011.  Tt was first opened for signature in February 2012.  Currently only four countries have ratified the treaty, agreeing to be legally bound by its terms.

UNICEF Representative Zeba Tanvir Bukhari explained to Minivan News that the CRC’s optional communications protocol would require a minimum of 10 ratifications before the treaty enters into force.

“Signatures usually happen faster than ratification, however what is signed should be ratified to help enable implementation,” said Bukhari.

She added that achieving societal change in attitudes to child rights was difficult, but there were “many ways of managing” it in the Maldives.  Bukhari pointed to maintaining civil society pressure and media attention on the Maldivian government to ratify the CRC optional protocol, as two notable examples on how to secure such changes.

UNICEF previousy backed a study published by the Human Rights Commission of the Maldives (HRCM) in January of this year highlighting numerous policy deficiencies in children’s participation and protection.  These deficiencies were highlighted in the report as potentially putting Maldivian children at serious risk of harm.

Ultimately the report recommended that government and civil society organisations “push for a radical change in the traditional thinking which dominates Maldivian perceptions of children: children should be seen and not heard.”

The Maldives has ratified the Convention on the Rights of the Child (February 1991), the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (May 2002), and the Optional Protocol on the involvement of children in armed conflict (December 2004).

Legal obligations

A senior legal expert with experience of working under both the present and former governments spoke with Minivan News earlier this year about how minors were identified and viewed in the eyes of Maldivian law.

The legal source stated that the culpability of children was identified in a regulation called ‘Kuda kudhin kuraa kushuge masala thah balai, thahugeegu koh, insaafu koh, adhabu dhinumugai amalu kuraane gothuge gavaidu’.

The legal source said that the culpability of minors is specifically dealt with in section five of the regulations.

“According to section five, children above the age of 10 and below the age of 15 are criminally responsible for five offences, which are apostasy, treason, fornication, falsely accusing fornication and consumption of alcohol,” the source said.

“Children above 15 years are criminally responsible for their actions. With children who are below 10, parents are required to make good any damage because of a criminal act. There is no criminal liability for below 10.”

Meanwhile, neglect and abuse of children were reported to have increased to an “alarming level“, compelling the the Maldives’ Ministry of Gender, Family and Human Rights to submit an amendment (April 7) that would transfer parental guardianship of children in cases of negligence.

Earlier this year, ARC called on the Maldivian government to pass legislation concerning the treatment of sexual abuse victims. The NGO also raised concerns over the potential impact on the state’s ability to prevent sexual offences following reductions to the state budget approved by parliament in December 2012.

ARC has identified a lack of specific legislation protecting rights for children and adults – despite the Special Measures Act 2009.

The NGO also previously called for reforms of the juvenile justice system and reform of the current protection mechanisms provided to minors who are kept in state run institutions, such as homes and foster programs.

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Advocacy group requests government “not delay” reform of child sex abuse laws

A child rights NGO has called on the Maldivian government to pass needed legislation concerning the treatment of sexual abuse victims, on the back of several high-profile court cases involving minors.

The Advocating the Rights of Children (ARC) NGO told Minivan News it was concerned about a lack of legislation in the country to protect victims of abuse. The NGO has also raised concerns over the potential impact on the state’s ability to prevent sexual offences following reductions to the state budget approved by parliament in December 2012.

The comments were made as the government reiterated a pledge over the last month to review and amend laws on sexual abuse that it has claimed, in certain cases, treat sexual abuse victims as perpetrators.

A spokesperson for the President’s Office confirmed Thursday (February 7) that authorities would be holding a one day seminar with the Islamic and gender ministries over the next two weeks on legal reform over concern at cases such as a 15 year-old girl being charged for fornication.

Acting Minister of Gender, Family and Human rights Dr Mariyam Shakeela was not responding to calls from Minivan News at time of press.

Civil society concern

Addressing these commitments by the state, a spokesperson for ARC said it hoped the government would not delay in fulfilling its “pledge to try and review sexual abuse laws with regard to how victims are treated.”

“In addition, we also believe that further steps need to be taken to such a review. [These include] reviewing and strengthening the current institutions and existing services,” the NGO spokesperson said.

ARC has also called for reforms of the juvenile justice system and reform of the current protection mechanisms provided to minors who are kept in state run institutions, such as homes and foster programs.

A spokesperson for the NGO claimed such reviews would be vital to help ensure the protection measures are “gender sensitive, non-intimidating and safeguard children’s access to justice.”

“We concerned that the government budget for 2013 saw a huge decrease in the area of social protection, which will strongly impact work in this field,” the spokesperson added.

Legislative support

ARC identified a lack of specific legislation protecting rights for children and adults – despite the Special Measures Act 2009.

The spokesperson for ARC said a lack of a comprehensive laws on child’s rights, coupled with a general reluctance by witnesses and professional to testify in court, highlighted wider challenges affecting reforms to abuse cases.

“ARC believes that in the event that a need for testifying in a court of law is required, every person should make this a moral obligation/duty to give their full cooperation to the authorities/courts,” the spokesperson said.

According to the NGO, another important challenge urgently needing to be addressed was a perceived disparity between how child abuse cases were being investigated in the capital Male’ compared to the country’s outer atolls – particularly in regards to the use of evidence and psychological support.

In cases where the police or judiciary were dealing with minors, ARC said more training was needed to ensure children were being dealt with sensitively during investigations or trials.

“It is imperative that if the child has to be taken for questioning to a court or by police officers, it has to be ensured that the surroundings are child friendly and that all officials dealing with the child have received adequate training and experience to sensitively deal with children,” said the NGO spokesperson.

ARC said it hoped the government would provide greater room for civil society to play a role in shaping future legislation, adding that NGOs themselves needed to show greater cooperation on key issues.

“While it is encouraging that more civil society groups are being active on social issues such as this, there needs to be a stronger collaborative mechanism between them, particularly in efforts to raise awareness,” the NGO spokesperson added.

ARC said it had been conducting ongoing awareness campaigns to make the general public aware that child abuse was not just related to physical or sexual attacks, but also verbal and emotional torment that could have long terms impacts on the development of a minor.

“While child abuse cases have been increasing, it is also important to recognise the many numbers of unreported cases. We have placed billboards in Male’, and will soon air a public service awareness [advert] to emphasise that suspected child abuse must be reported and not overlooked, and also familiarise people with the reporting numbers of both the child helpline and police helpline,” stated the ARC spokesperson.

“We have also highlighted that people can maintain anonymity when reporting, which is often one of the reasons people hesitate to report such cases, particularly in a small society like the Maldives.”

High profile cases

Just last week, the Maldives high Court rejected a request to take a local man into custody over the alleged abuse of an 11-year old relative, despite the male suspect having previously been held under house arrest at the same property in which his alleged victim lived.

The Prosecutor General (PG’s) Office confirmed that following a remand hearing on Tuesday (February 5), the suspect had been released from house arrest – with no restrictions placed upon his movement ahead of his unscheduled trial.

The remand hearing took place at a time when the PG’s Office is already facing government criticism for pursuing a case against a 15 year-old minor on charges of having “consensual sexual relations”.

The 15 year-old presently facing charges of having “consensual sexual relations” has also been identified as the victim of child sex abuse in an unrelated criminal case also being pursued by authorities.

The two cases are the latest in a line of high profile sexual abuse trials concerning minors, which have been met with international condemnation.

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