Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Maldives (Ratification: 2013)

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Observation

2023

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Article 3(b) and 7(1) of the Convention. Use, procuring or offering of a child for prostitution, pornography or pornographic performances and penalties.Prohibition. The Committee previously noted that the Special Provisions Act to Deal with Child Sex Abuse Offenders, 2009, provided for a penalty of up to 25 years of imprisonment for the use, procuring or offering of a child for prostitution, pornography or pornographic performances (sections 17 to 19). It also noted that the Penal Code of 2014 provides for a penalty of imprisonment of not more than eight years for soliciting or facilitating child prostitution (section 621) and of not more than two years for child pornography (section 622). The Committee notes, according to the Crime Statistics communicated by the Government, that there were 145 cases of sexual offences in the third quarter of 2020, which include one case of prostitution and 128 other sexual offences. It is indicated that victims include 80 children under the age of 14 and 43 children aged 15 to 17. In the fourth quarter of 2020, there were 130 sexual offence cases, including six cases of prostitution and 89 other sexual offences, implicating approximately 64 children under the age of 14 and 29 children aged 15 to 17 years. The Committee requests the Government to take the necessary measures to ensure that thorough investigations and prosecutions are conducted of persons who have used, procured or offered a child under 18 years of age for prostitution, and that sufficiently dissuasive penalties are imposed in practice. It requests the Government to provide information on the results achieved, as well as to continue providing information on the number of cases pertaining to sexual offences, while indicating more specifically the number of cases relating to the use, procuring or offering of children for prostitution or pornography, in application of the sections of the Special Provisions Act mentioned above.

Criminal responsibility of children. The Committee previously noted that children who had been victims of sexual offences might be criminalized according to Shariah Law, including the charges of zina, which signifies voluntary sexual intercourse outside a marriage relation. In this regard, section 7 of the Special Provisions Act to Deal with Child Sex Abuse Offenders, 2009, (“sexual offences carried out by children”) provides that sexual offences carried out by a child remain an offence, and that a child over 13 years of age who commits such an offence is liable to detention for a period of up to five years. While noting that section 53 of the Penal Code provides that children aged 15 to 18 are presumed to comply with the defence of immaturity in sexual offence cases, the Committee requested the Government to take the necessary measures to ensure that child victims of sexual exploitation are treated as victims and not criminals.

The Committee notes that section 11 of the Child Rights Protection Act 19/2019 provides that every child under 18 years of age shall have the right to protection from sexual exploitation, which includes protection from being “forced into prostitution” and other acts of exploitation and being used in the creation or production of pornographic material. It observes, however, that children could still be treated as offenders in cases where they are used, procured or offered for prostitution, if they are not “forced” to do so. The Committee once again refers to its 2012 General Survey on the fundamental Conventions and underlines that children who are used, procured or offered for prostitution should be treated as victims, and not as offenders who have committed a criminal offence (para. 510). The Committee urges the Government to take the necessary measures to ensure that all child victims of commercial sexual exploitation who are under the age of 18 years are treated as victims rather than offenders. To this end, the Committee requests the Government to take the necessary measures to ensure that section 7 of the Special Provisions Act to Deal with Child Sex Abuse Offenders, 2009, is amended so that children under 18 years of age who are victims of prostitution or other types of commercial sexual exploitation are not criminalized and/or imprisoned.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously requested the Government to provide information on the application in practice of section 133 of the Drugs Act, according to which any person who causes a child below 18 years of age to participate in the commission of an offence under the Act should be punished by the maximum penalty determined for that offence, which could be life imprisonment. The Committee notes with regret an absence of information on this point. It notes the Government’s information that if a child is used for the purpose of drug trafficking, the Maldives Police Service (MPS) will refer the case to the Child and Family Protection Service (CFPS), and the person who has engaged the child faces criminal charges under section 133 of the Drugs Act. The Committee notes, however, that according to the 2019 UNDP report on “Youth vulnerability in the Maldives”, drugs are a serious and growing problem in the country. The Committee therefore requests the Government to take the necessary measures to prevent the involvement of children in drug-related activities and to ensure the effective enforcement of the Drugs Act. It once again requests the Government to provide information on the application in practice of section 133 of the Drugs Act, with regard to the number of investigations, prosecutions, convictions and penalties which have been applied for the offence of the use, procuring or offering of a child for illicit activities, in particular for the production or trafficking of drugs.

Clause (d) and Article 4. Hazardous work and determination of types of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

The Committee is also raising other matters in a request addressed directly to the Government.