A/HRC/16/2
assured the Council that it was a strong advocate of equality for all in society, including
such vulnerable groups as women, children and the disabled, and had already moved to
adopt strong laws in areas such as domestic violence and the rights of persons with
disabilities.
464. Maldives had also accepted all recommendations aimed at strengthening the
enjoyment of economic, social and cultural rights in the country, including in the areas of
health, education, employment, trafficking, drug rehabilitation and juvenile delinquency.
465. Maldives did not accept some recommendations at the present time because, in
many cases, it was committed to take small steps with a view to being able to consider them
favourably during future universal periodic review cycles. The delegation clarified its
position on the use of different terms in its official written response. Where it was stated
“partially accept this recommendation”, the recommendation was taken as accepted but
subject to the explanation given; where it stated “takes note of this recommendation”,
Maldives was sympathetic in principle but could not accept the recommendation at the
present time.
466. With regard to the recommendation on capital punishment (100.6), which was
rejected, Maldives was committed to maintain a moratorium on the death penalty as its
recent vote in the General Assembly demonstrated.
467. The delegation reminded the Council that there had not been an execution in the
country for half a century and that Maldives had voted in favour of the moratoriums on the
death penalty at the General Assembly in 2011. However, at the present time, it was not
able to accept the recommendation to either abolish the death penalty or to ratify the second
Optional Protocol to the International Covenant on Civil and Political Rights.
468. With regard to the recommendation on corporal punishment, in particular public
flogging, the Government intended to consult with relevant national and international
authorities to assess whether the application of corporal punishment, as currently practised
in Maldives, was compatible with its international obligations under the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. It would also
consult on whether the newly independent judiciary in the country had the capacity to pass
down such punishments in a manner fully consistent with the Constitution and international
human rights law, in particular those provisions dealing with non-discrimination on the
basis of gender.
469. With regard to freedom of religion, Maldives had been a fully Muslim country since
its conversion to Islam. In the national consciousness, being a Maldivian and a Muslim
could not be separated. The central role of Islam in the national identity made it extremely
difficult to introduce principles of freedom of conscience into the country. Notwithstanding,
Maldives fully understood the importance of tolerance and understanding in all walks of
life, including in religion. In this regard, it had decided, as a first step, to accept
recommendation 100.91 suggesting steps to encourage and facilitate domestic awarenessraising and open public debate on religious issues. Bearing in mind that perceptions of
human rights and religion in Maldives were heavily influenced by relevant international
debates and norms, Maldives had decided to host, in 2012, a major international conference
on modern sharia jurisprudence and human rights. In this regard, the delegation requested
support from the international community.
470. For the third major category of recommendations on lesbian, gay, bisexual and
transgender rights, the delegation was not able to accept them. National law did not
discriminate against people on the basis of their sexual orientation, and in practice lesbian,
gay, bisexual and transgender persons enjoyed the same rights as other members of society.
However, at the same time, there were no laws in Maldives that explicitly promoted and
protected the rights of lesbian, gay, bisexual and transgender persons.
GE.11-17059
169
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