A/HRC/43/50/Add.2
Special Rapporteur deemed the reform process an important moment of opportunity and
expressed hope that all human rights – civil, cultural, economic, political and social –
would be given full consideration, that participation and consultation would be enhanced
and that perceived disparities in resources between different regions and atolls would be
addressed.
A.
National human rights framework
9.
Maldives is a party to many human rights instruments through which it has
undertaken to respect, protect and fulfil cultural rights. These obligations include those
outlined in article 15 of the International Covenant on Economic, Social and Cultural
Rights, which guarantees the right of everyone to take part in cultural life without
discrimination, to access and enjoy cultural heritage and to enjoy the freedom indispensable
for scientific research and creative activity. Maldives also ratified the International
Covenant on Civil and Political Rights, which protects rights bearing an important cultural
dimension, in particular the right to freedom of thought, conscience and religion (art. 18);
the right to freedom of opinion and expression (art. 19); and the rights of persons belonging
to ethnic, religious or linguistic minorities to enjoy their own culture, to profess and
practise their own religion, or to use their own language (art. 27). Other relevant provisions
protecting cultural rights are found in the obligations undertaken by the Government of
Maldives in ratifying the Convention on the Rights of Persons with Disabilities (art. 30);
the Convention on the Rights of the Child (arts. 29, 30 and 31); the International
Convention on the Elimination of All Forms of Racial Discrimination (art. 5 (e)); and the
Convention on the Elimination of All Forms of Discrimination against Women (art. 13).
10.
The Special Rapporteur notes that the international legal obligations undertaken by
the Government of Maldives are directly applicable in domestic courts and was pleased to
learn about the legal audit ongoing during her mission, in which 170 national laws were to
be reviewed to ensure their compatibility with international human rights standards. The
Special Rapporteur strongly encourages the Government to consider, without delay,
withdrawing the remaining reservations to the International Covenant on Civil and Political
Rights, the Convention on the Rights of the Child and the Convention on the Elimination of
All Forms of Discrimination against Women, which undermine their object and purpose.
These reservations seem to have been based on cultural relativist arguments, incompatible
with international human rights laws and standards. The Special Rapporteur warmly
welcomes the news that the Government will withdraw some of its reservations to the
Convention on the Elimination of All Forms of Discrimination against Women and hopes
the Secretary-General will rapidly be notified to this effect.
11.
She notes that a review of past reports of United Nations human rights treatymonitoring bodies and special procedures indicates that the implementation of important
recommendations remains outstanding. She encourages the authorities to seize the current
opportunity to institutionalize the process for implementing and following up on all
recommendations and reports, including hers.
12.
Various instruments of the United Nations Educational, Scientific and Cultural
Organization (UNESCO) are also relevant for the full implementation of cultural rights.
Maldives is a party to the Convention for the Protection of the World Cultural and Natural
Heritage, but has not yet become a party to other important instruments protecting cultural
heritage, such as the Convention for the Safeguarding of the Intangible Cultural Heritage
and the Convention on the Protection of the Underwater Cultural Heritage. The Special
Rapporteur strongly encourages ratification of these and other instruments protecting the
expression of cultural diversity, such as the Convention on the Protection and Promotion of
the Diversity of Cultural Expressions. Ratifying these instruments would not only
strengthen the mission and international standing of the newly created Ministry of Arts,
Culture and Heritage but would also allow the country to benefit further from UNESCO
support and expertise in these fields and in the achievements of the related Sustainable
Development Goals.
13.
The Human Rights Commission of Maldives was established in December 2003 as
an autonomous statutory body with the mandate to investigate complaints alleging human
rights violations, report on the observance of human rights, develop a culture of human
rights and advise the Government on laws and regulations. The independence of the
4