A/HRC/43/50/Add.2 20. The availability of corporal punishment that violates international law (so-called “judicial flogging”) as a penal sanction – and one that is reportedly often applied in gender discriminatory ways and against victims of sexual violence – also remains a grave concern. 21. Freedom of opinion and freedom of expression have been limited by successive past Governments, either through the Law on the Protection of Religious Unity (which criminalizes any action or form of expression intended to disrupt, jeopardize or disunite social and religious order and harmony); the Defamation Act (which was repealed in November 2018); or other legislative provisions. As a result, many people, ranging from ordinary citizens to journalists and parliamentarians, exercise self-censorship on issues of religion or belief. 22. Article 30 of the Constitution of Maldives guarantees the right of everyone to freedom of association for economic, social, educational or cultural purposes. However, concerns have been raised about the restrictive legal framework regulating civil society organizations, including through Act No. 1/2003 (the Associations Act). In its 2015 universal periodic review, the Government accepted recommendations to address limitations in the existing law governing the operation of civil society organizations and to develop and implement specific laws, policies and mechanisms that recognized and protected the work of civil society. In March 2019, the new Government proposed a bill in parliament to amend the Associations Act, but parliamentary elections, held in April 2019, interrupted the process. The Special Rapporteur understands that, since her visit, a new bill has been submitted to the President’s office and she hopes it will soon bring national legislation into line with international human rights standards. C. System of cultural governance 23. The Special Rapporteur warmly welcomes the creation of the new Ministry of Arts, Culture and Heritage, and appreciates the dedication of its Minister and small number of staff. This development provides a unique opportunity to rethink the place of culture as a cross-cutting priority in the country’s governance and in its policies for achieving sustainable development. 24. The Special Rapporteur commends the September 2019 adoption of the Heritage Act, which will provide a stronger legal framework for action in the field. In this context, the Special Rapporteur encourages the Government to engage in capacity-building with and for relevant actors across the culture sector, including civil society actors and academics, on a cultural rights approach to heritage protection. Full implementation of the Act should be a priority. 25. The Special Rapporteur recommends that the Ministry consider developing a cultural policy incorporating the cultural rights guarantees contained in Maldivian law and international standards; amplifying a participatory and consultative approach to policymaking; and establishing strong, institutionalized cooperation schemes with other relevant national and local authorities, including in the areas of education, environment and tourism. 26. The Special Rapporteur stresses the need for the Ministry to be fully resourced, afforded capacity-building opportunities and adequate expert staff, and provided with support by relevant international bodies, such as UNESCO. She also encourages the Ministry to involve a wide range of local people in the development of cultural policies and services. The idea of having a cultural officer in every local council, tasked with caring for local cultural assets and fostering cultural and artistic creativity should be given further consideration. 27. Everywhere she went, the Special Rapporteur found that Maldivians were eager to participate in building and protecting a vibrant cultural life to enhance social cohesion, address boredom and afford opportunities for self-expression, especially among young people. Many people expressed the wish to see more local cultural centres, recreational and cultural facilities and public spaces for enjoying cultural life across the country, and to receive support to develop and protect those that exist. 6

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