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social and religious order and harmony); the Defamation Act (which was repealed in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.
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