1. Executive summary
For these are all our children. We will all profit by, or pay for, whatever they become.
– James Baldiwn
This report is an assessment of how much the newly democratic Maldivian State and society knows
of children’s rights to participation as enshrined in the United Nations Convention on the Rights of
the Child (UNCRC). The Maldives became a signatory to the convention in 1990, the transition to
democracy followed 18 years later in 2008. How much has the rights enshrined in the Convention
been realised in the intervening years? More to the point of this study, how much knowledge of the
rights has the Maldivian State acquired in those years, and how much awareness has been created
amongst the general public since the treaty was signed? Has the knowledge increased since the
transition to democracy? Have new mechanisms of participatory governance that is the hallmark of
democracy made Maldivian society more aware of its obligations to children?
This study provides some answers to these questions by reviewing policy documents that were
introduced in the years before transition to democracy, and the new mechanisms and policies that
have been introduced since. The report shows there are very few policy and legislative mechanisms
that formally require children’s participation in decisions that affect their lives. There is no standalone State institution with a mandate for working towards the realisation of children’s rights. Nor
is there an independent institution such as a Children’s Ombudsman that works towards assuring
their rights. The 2008 Constitution itself lacks a provision for such mechanisms, and so does the
Law on the Protection of the Rights of the Child (91/9). Interviews with State officials show that
while many are not fully cognisant of the philosophical underpinnings of children’s rights to
participation enshrined in Article 12 and other participatory rights extended to children in the
UNCRC, there are many who are. These officials are keen to consult and include children in the
decision-making processes that affect children’s lives, and on many instances, do so. However,
without such consultations with children adopted as formal policy, it is difficult to measure their
implementation. Lack of standardised procedures also means that such inclusive mechanisms are
often ad hoc and arbitrary.
The policy review also shows that new laws being drafted since the transition to democracy in areas
that specifically target children such as the Juvenile Justice Bill and the Minimum Standards at
Institutions of Alternative Care, for example, are progressive and measure up to international
standards expected of modern democracies. However, for several reasons—such as lack of
resources, lack of political will, a dearth of qualified professionals, and deliberate obstruction
through political partisanship—stand in the way of their ratification and/or implementation. The
report reveals wide gaps in various areas between policy and legislative instruments and their
realisation in praxis.
Using up-to-date methodologies for measuring participation developed and applied by the Council
of Europe in 2011 as a guide, this study also assesses knowledge of children’s rights to participation
1