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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