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Reference ID | Created | Released | Classification | Origin
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03COLOMBO1623 | 2003-09-18 10:14 | 2011-08-25 00:00 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Colombo

`

    This record is a partial extract of the original cable. The full text of the original cable is not available.

` `

    UNCLAS SECTION 01 OF 11 COLOMBO 001623

    SIPDIS

    SENSITIVE

    PLEASE PASS TO DRL/CRA, SA, SA/INS

    E.O. 12958:   N/A
    TAGS: PHUM ELAB PREL KSEP MV
    SUBJECT:  2003 Human Rights Report for the Republic of
    Maldives

    Ref:  State 214438

    ¶1.  (U) Sensitive but Unclassified entire text.

    ¶2.  (U) Following is the 2003 Country Human Rights
    report for the Republic of Maldives.

    BEGIN TEXT:

    ¶3.  (U) The Republic of Maldives, which is made up of
    1,190 islands, less than 200 of which are inhabited, has
    a parliamentary style of government with a strong
    executive.  The President appoints the Cabinet, members
    of the judiciary, and one-sixth of the Parliament.  The
    President derives additional influence from his
    constitutional role as the "Supreme authority to
    propagate the tenets of Islam."  Candidates for the
    unicameral legislature, the People's Majlis, run as
    individuals.  The Majlis selects a single presidential
    nominee who is approved or rejected in a national
    referendum.  President Gayoom was approved for a fifth
    5-year term in 1998 and is widely expected to win re-
    election in 2003.  (Note:  To be updated following
    October 2003 elections.) The Majlis must approve all
    legislation and is empowered to enact legislation
    without presidential approval.  Civil law is subordinate
    to Shari'a (Islamic law), but civil law generally is
    applied in criminal and civil cases.  The judiciary is
    subject to executive influence.

    The National Security Service (NSS) performs under
    effective civilian control.  The NSS includes the armed
    forces and police.  The Director of the NSS reports to
    the Minister of Defense, a cabinet portfolio which is
    one of several held by the President.  The police
    division investigates crimes, collects intelligence,
    makes arrests, and enforces house arrest.

    The population was approximately 270,000.  Tourism and
    fishing provided employment for more than one-half of
    the work force.  Tourism accounted for 30 percent of
    government revenues and roughly 70 percent of foreign
    exchange receipts.  Agriculture and manufacturing
    continue to play a minor role in the economy, which was
    constrained by a severe shortage of labor and lack of
    arable land.  The per capita gross domestic product
    (GDP) in 2002 was $2,200 (27,918 Rufiyaa) and the GDP
    growth rate was approximately 5 percent.

    The Government generally respected the human rights of
    its citizens; however, there were shortcomings in some
    areas.  The President's power to appoint a significant
    portion of the Parliament constrains citizens' ability
    to change their government.  The Government continues to
    impose constraints on freedom of the press.
    The Government limits freedom of assembly and
    association, and acts to prevent the formation of
    political parties.  There were significant restrictions
    on the freedom of religion.  Although the Government has
    undertaken a number of programs addressing women's
    issues, women faced a variety of legal and social
    disadvantages.  The Government also restricted certain
    worker rights.

    RESPECT FOR HUMAN RIGHTS

    Section 1 Respect for the Integrity of the Person,
    Including Freedom From:

    a. Arbitrary or Unlawful Deprivation of Life

    There were no reports of the arbitrary or unlawful
    deprivation of life committed by the Government or its
    agents.

    b. Disappearance

    There were no reports of politically motivated
    disappearances.

    c. Torture and Other Cruel, Inhuman, or Degrading
    Treatment or Punishment

    The law prohibits such practices and there were no
    reports that government officials employed them.  There
    were unconfirmed reports of beatings or other
    mistreatment of persons in police custody during the
    year (see Section 1.d.).  There were reports of public
    floggings (which are allowed under Shari'a as
    interpreted in the country). In one case in July 2003,
    five women imprisoned on drug charges were sentenced to
    10 lashes each. In another case in October 2002, a
    couple accused of an extramarital affair was sentenced
    to 15 lashes each.  Punishments were generally limited
    to fines, compensatory payment, house arrest,
    imprisonment, or banishment to a remote atoll.  The
    Government generally permitted those who were banished
    to receive visits by family members.

    There were three major prisons in the Maldives, with
    fluctuating populations of approximately 300 inmates at
    the country's main facility.

    Prison conditions at the existing facilities, including
    food and housing, were adequate.  Prisoners were allowed
    to work and were given the opportunity for regular
    exercise and recreation.  Spouses were allowed privacy
    during visits with incarcerated partners.  The
    Government has surveyed prison facilities in other
    countries to incorporate international standards and
    improvements in the reconstruction of the prison.
    Persons arrested for drug use were sent to a "drug
    rehabilitation center" (on a space available basis).

    The Government has permitted prison visits by foreign
    diplomats.  The issue of visits by human rights groups
    was not known to have arisen during the year.

    d. Arbitrary Arrest, Detention, or Exile

    The 1997 Constitution states that no person shall be
    arrested or detained for more than 24 hours without
    being informed of the grounds for arrest or detention.
    Police initiate investigations based on response to
    written complaints from citizens, police officers, or
    government officials, or on suspicion of criminal
    activity.  They were not required to obtain warrants for
    arrests. The Attorney General referred cases to the
    appropriate court based on the results of police
    investigations.  The authorities generally kept the
    details of a case confidential until they were confident
    that the charges were likely to be upheld.  In the past,
    persons have been held for long periods without charge,
    but there were no reports of such occurrences during
    ¶2003.

    A suspect may be detained in prison, remain free, or be
    placed under house arrest for 15 days during
    investigations, depending upon the charges. In most
    cases the suspect is released if not brought to trial
    within 15 days, but the President may extend pretrial
    detention for an additional 30 days.  Those who are
    released pending trial may not leave a specific atoll.
    Within 24 hours of an arrest, an individual must be told
    of the grounds for the arrest.  An individual then can
    be held for 7 days.  If no legal proceedings have been
    initiated within 7 days, the case is referred to an
    anonymous 3-member civilian commission appointed by the
    President that can authorize an additional 15 days of
    detention.  After that time, if legal proceedings still
    have not been initiated, a judge must sanction the
    continued detention on a monthly basis.  Although there
    is no right to legal counsel during police
    interrogation, detainees are granted access to family
    members.  There is no provision for bail.

    The Government may prohibit access to a telephone and
    non-family visits to those under house arrest.  While
    there have been no reported cases of incommunicado
    detention in the past few years, the law does not
    provide safeguards against this abuse.

    There were no reports of religious prisoners during the
    year, as in past years.  The law limits a citizen's
    right to freedom of expression in order to protect the
    "basic tenets of Islam."

    Member of Parliament (M.P.) Abdullah Shakir was arrested
    in July 2001 and released the following month.  There
    was some dispute as to why he was arrested;
    international human rights groups claimed that he was
    arrested for his support of a petition to form political
    parties in the country (see Section 2.b.), but the
    Government stated he was arrested on a purely civil
    matter, which since has been resolved.  In March 2002,
    Shakir's appeal against the 2001 sentence was rejected
    by the high court.  There were no further developments
    in this case during 2003 and Shakir remains free.

    There were no reports of the internal exile of citizens
    during the year.  In the past, the Government sometimes
    has banished convicted criminals to inhabited atolls
    away from their home communities.  M.P. Mohamed Nasheed
    was arrested for theft in October of 2001, and tried and
    sentenced to two years and six months of banishment.  He
    was also expelled from his Majlis seat.  There are
    differing claims as to why he was arrested, with human
    rights groups claiming he was arrested to remove him
    from his Majlis seat.  Nasheed's sentence was
    transferred from banishment to house arrest in Male',
    and he was released in late August 2002.

    e. Denial of Fair Public Trial

    The Constitution does not provide for an independent
    judiciary, and the judiciary is subject to executive
    influence.  In addition to his authority to review High
    Court decisions, the President influences the judiciary
    through his power to appoint and dismiss judges, all of
    whom serve at his pleasure and are not subject to
    confirmation by the Majlis.  The President also may
    grant pardons and amnesties.

    There are three courts:  One for civil matters; one for
    criminal cases; and one for family and juvenile cases.
    On the recommendation of the Ministry of Justice, the
    President appoints a principal judge for each court.
    There is also a High Court in Male, which is independent
    of the Justice Ministry and which handles a wide range
    of cases, including politically sensitive ones.  The
    High Court also acts as court of appeals.  High Court
    rulings can be reviewed by a five-member advisory
    council appointed by the President.  The President also
    has authority to affirm judgments of the High Court, to
    order a second hearing, or to overturn the Court's
    decision.  In addition to the Male court, there ware 204
    general courts on the islands.

    Most trials are public and conducted by judges and
    magistrates trained in Islamic, civil, and criminal law.
    There are no jury trials. Magistrates usually adjudicate
    cases on outer islands, but when more complex legal
    questions were involved, the Justice Ministry sends more
    experienced judges to handle the case.

    The Constitution provides that an accused person be
    presumed innocent until proven guilty, and that an
    accused person has the right to defend himself "in
    accordance with Shari'a."  During a trial, the accused
    also may call witnesses, and be assisted by a lawyer.
    Courts do not provide lawyers to indigent defendants.
    Judges question the concerned parties and attempt to
    establish the facts of a case.

    Civil law is subordinate to Shari'a, which is applied in
    situations not covered by civil law as well as in
    certain matters such as divorce and adultery.  Courts
    adjudicating matrimonial and criminal cases generally do
    not allow legal counsel in court because, according to a
    local interpretation of Shari'a, all answers and
    submissions should come directly from the parties
    involved. The High Court allowed legal counsel in all
    cases, however, including those in which the rights to
    counsel was denied in lower court.  Under the country's
    Islamic practice, the testimony of two women is required
    to equal that of one man in matters involving Shari'a,
    such as adultery, finance, and inheritance.  In other
    cases, the testimony of men and women are equivalent
    (see Section 5).

    There were no confirmed reports of political prisoners.
    Human rights organizations continue to allege the
    existence of political prisoners; the Government
    maintained that these prisoners were convicted of crimes
    not related to politics, however.

    f. Arbitrary Interference with Privacy, Family, Home, or
    Correspondence
    The Constitution prohibits security officials from
    opening or reading wireless messages; letters,
    telegrams, or monitoring telephone conversations,
    "except as expressly provided by law."  The NSS may open
    the mail of private citizens and monitor telephone
    conversations if authorized in the course of a criminal
    investigation.

    Although the Constitution provides that residential
    premises and dwellings should be inviolable, there is no
    legal requirement for search or arrest warrants.  The
    Attorney General or a commanding officer of the police
    must approve the search of private residences.

    The government policy to encourage a concentration of
    the population on the larger islands continued, and the
    policy generally was successful in moving a significant
    number of citizens to the larger islands.  The policy
    was so successful on Male, the capital city's island,
    that the government has begun discouraging further
    relocation there.

    Section 2 Respect for Civil Liberties, Including:

    a. Freedom of Speech and Press

    The Penal Code prohibits inciting citizens against the
    Government.  The law prohibits public statements that
    are contrary to Islam, threaten the public order, or are
    libelous. An amendment to the Penal Code decriminalized
    "true account(s)" by journalists of governmental
    actions, however.

    Regulations that make publications responsible for the
    content of the material that were published remain in
    effect, but no legal actions against publications were
    initiated during the year.

    The Press Council is composed of lawyers, private and
    government media representatives, and other government
    officials.  The Council reviews charges of journalistic
    misconduct (advising the Ministry of Information, Arts,
    and Culture on measures to be taken against reporters,
    when appropriate) and promotes professional standards
    within the media by recommending reforms and making
    suggestions for improvement.  Private journalists have
    said that they are satisfied with the Council's
    objectivity and performance.  The Government agreed that
    private journalists, rather than the Government, should
    take responsibility for preparation of a journalistic
    code of ethics.  Individual newspapers and journals
    established their own ethical guidelines in many cases.

    Radio and television outlets were owned either by the
    Government or its sympathizers.  All three major
    newspapers were owned by current or former ministers.
    Nonetheless, these sympathetic outlets on occasion
    mildly criticize the Government.

    Almost 200 newspapers and periodicals were registered
    with the Government, but only three dailies publish on a
    regular basis:  Aafathis, Haveeru and Miadhu.  In 2002,
    a weekly magazine, "Monday Times," that had printed
    articles critical of President Gayoom's administration,
    was closed down by its owners.  Despite reports to the
    contrary, the Government claimed that it had not banned
    the publication of "Monday Times."

    The Government owned and operated the only television
    and radio stations.  It did not interfere with foreign
    broadcasts or with the sale of satellite receivers.
    Reports drawn from foreign newscasts were aired on the
    Government television station.  Cable News Network (CNN)
    was shown daily, uncensored, on local television.

    In 2002, four individuals were convicted on charges
    related to the publication of an internet-based
    newsletter critical of the Government (see Section 2.b).
    In the past year, however, there were no reports of
    government censorship of electronic media.

    Television news and public affairs programming routinely
    discussed topics of concern and occasionally mildly
    criticized government performance.  Government ministers
    continued to hold regular press conferences.  Since it
    is not clear when criticism violates the law prohibiting
    public statements that were contrary to government
    policy or Islam, threaten the public, or were libelous,
    journalists and publishers continued to watch what they
    said, particularly on political topics, to avoid censure
    by the Government.  In general, after an easing of
    restrictions in the late 1990's, the Government has
    taken a more stringent attitude toward press freedom in
    past years.

    There were no legal prohibitions on the import of
    foreign publications except for those containing
    pornography or material otherwise deemed objectionable
    to Islamic values.  No seizures of foreign publications
    were reported during the year.

    The Government was the major shareholder in the sole
    Internet service provider (ISP), although a license had
    been granted to a second, and private ISP.  There were
    no government attempts, other than blocking pornographic
    material, to interfere with the use of the Internet.

    The Government did not restrict academic freedom.

    b. Freedom of Peaceful Assembly and Association

    The Constitution provides for freedom of assembly
    "peaceably and in a manner that does not contravene the
    law;" however, the Government imposes limits on this
    right in practice.  The Home Ministry permits public
    political meetings during electoral campaigns, but
    limited them to small gatherings on private premises.

    The Government imposes some limits on freedom of
    association.  The Government registers clubs and other
    private associations if they did not contravene Islamic
    or civil law.  While not forbidden by law, the President
    officially discouraged political parties on the grounds
    that they were inappropriate to the homogeneous nature
    of society. In February of 2001, a group of 42 people
    petitioned the Minister of Home Affairs requesting
    permission to set up the Maldivian Democratic Party. One
    signatory to the petition, M.P. Abdullah Shakir,
    subsequently was arrested, but was released soon
    thereafter. Some observers believed his arrest was
    connected to his support for the creation of political
    parties in the country, but the Government maintained
    that he was arrested in connection with a civil matter
    (see Section 1.e.).  There were unconfirmed reports that
    the Government harassed other individuals who signed the
    petition to form political parties.

    In 2001, Mohammed Nasheed lost his seat in the Majlis
    after he was convicted of petty theft. He was reportedly
    released from internal exile in late August 2002, but
    was denied his parliamentary seat.  Some observers claim
    that the theft charge was fabricated to punish Nasheed
    for supporting a movement to form a political party and
    for his criticism of President Gayoom's administration
    (see Section 3).

    In early 2002, four men and one woman were arrested for
    circulating an internet e-mail magazine, "Sandhaanu,"
    critical of the Government, which was also circulated in
    Male.  Mohamed Zaki, Ibrahim Luthfee, Ahmed Didi and
    Fathimath Nisreen were arrested in early 2002.  The four
    were held in solitary confinement until their trial in
    July 2002.  Zaki, Luthfee, and Didi were sentenced to
    life imprisonment for spreading false news and calling
    for the overthrow of the Government, among other
    charges.  Nisreen was sentenced to 10 years'
    imprisonment for charges including calling for the
    overthrow of the Government and assisting "Sandhaanu"
    originators.  Luthfee subsequently escaped NSS custody
    in May 2003.

    Although not prohibited, there were no active local
    human rights groups in the country.  The Government has
    generally been responsive to requests from foreign
    governments and international organizations to examine
    human rights problems (see Section 4).  While the
    Government also does not prohibit labor unions, it
    recognizes neither the right to form them nor the right
    to strike.  There were no reports of efforts to form
    unions or to strike during the year (see Section 6).

    c. Freedom of Religion

    Freedom of religion is restricted significantly.  The
    Constitution designates the Sunni branch of Islam as the
    official state religion, and the Government interprets
    this provision to impose a requirement that citizens be
    Muslims.  Law prohibits the practice of any religion
    other than Islam.  Foreign residents are allowed to
    practice their religion if they do so privately and do
    not encourage citizens to participate.  President Gayoom
    repeatedly has stated that no other religion should be
    allowed in the country, and the Home Affairs Ministry
    has announced special programs to safeguard and
    strengthen religious unity.  The President, the members
    of the People's Majlis, and cabinet members must be
    Muslims.

    There were no places of worship for adherents of other
    religions.  The Government prohibits the import of icons
    and religious statues, but it generally permits the
    import of individual religious literature, such as
    Bibles, for personal use.  It also prohibits non-Muslim
    clergy and missionaries from proselytizing and
    conducting public worship services.  Conversion of a
    Muslim to another faith is a violation of Shari'a and
    may result in punishment.  In the past, would-be
    converts have been detained and counseled regarding
    their conversion from Islam.  Foreigners have been
    detained and expelled for proselytizing in the past.
    Unlike previous years, there were no reports of
    foreigners detained for proselytizing.

    Islamic instruction is a mandatory part of the school
    curriculum and the Government funds the salaries of
    religious instructors.  The Government has established a
    Supreme Council of Islamic Affairs to provide guidance
    on religious matters.  The Government also sets
    standards for individuals who conduct Friday services at
    mosques to ensure adequate theological qualifications,
    and to ensure that radicals did not dominate services.

    Under the country's Islamic practice, certain legal
    provisions discriminate against women (see Sections
    1.e., 3, and 5).

    For a more detailed discussion see the 2003
    International Religious Freedom Report.

    d. Freedom of Movement Within the Country, Foreign
    Travel, Emigration, and Repatriation

    Citizens are free to travel at home and abroad, to
    emigrate, and to return.  The government policy to
    encourage a concentration of the population on the
    larger islands continued.  With the success of the
    policy on the capital island of Male, however, the
    Government has begun discouraging further migration
    there.  Foreign workers often were housed at their
    worksites.  Their ability to travel freely was
    restricted, and they were not allowed to mingle with the
    local population on the islands.

    The law does not provide for the granting of asylum or
    refugee status in accordance with the 1951 U.N.
    Convention Relating to the Status of Refugees and its
    1967 Protocol.  The Government has not formulated a
    policy regarding refugees, asylees, or first asylum.
    The issue of the provision of first asylum did not arise
    during the year.  The Government cooperates with the
    office of the U.N. High Commissioner for Refugees.
    There were no reports of the forced return of persons to
    a country where they feared persecution.

    Section 3 Respect for Political Rights:  The Right of
    Citizens to Change Their Government

    Citizens' ability to change their government is
    constrained, and the strong executive exerts significant
    influence over both the legislature and the judiciary.
    Under the Constitution, the Majlis chooses a single
    presidential nominee, who must be a Sunni Muslim male,
    from a list of self-announced candidates for the
    nomination.  Would-be nominees for president are not
    permitted to campaign for the nomination.  The nominee
    is then confirmed or rejected by secret ballot in a
    nationwide referendum.  From a field of five candidates,
    President Gayoom was nominated by the Majlis and was
    confirmed by referendum for a fifth 5-year term in 1998.
    Observers from the South Asian Association for Regional
    Cooperation (SAARC) found the referendum to be free and
    fair.  The next Presidential election is scheduled for
    late 2003 and Gayoom is widely expected to win
    reelection for a sixth term. (Note:  To be updated
    following October 2003 election.)

    Per both law and custom, the Office of the President was
    the most powerful political institution in the Maldives.
    The Constitution gives Shari'a preeminence over civil
    law and designates the President as the "supreme
    authority to propagate the tenets" of Islam.  The
    President's authority to appoint one-sixth of the Majlis
    members, which was one-third of the total needed for
    nominating the president, provides the President with a
    power base and strong political leverage.  The President
    also was Commander in Chief of the armed forces, the
    Minister of Defense and National Security, the Minister
    of Finance and Treasury, and the Governor of the
    Maldivian Monetary Authority.  Of the body's 50 members,
    42 are elected and the President appoints 8 members.
    The elected members of the Majlis, who must be Muslims,
    serve 5-year terms. All citizens over 21 years of age
    may vote.  Individuals or groups were free to approach
    members of the Majlis with grievances or opinions on
    proposed legislation, and any member may introduce
    legislation.  There are no political parties, which were
    officially discouraged (see Section 2.b.).

    Relations between the Government and the Majlis have
    been constructive.  The Government may introduce
    legislation but may not enact a bill into law without
    the Majlis' approval.  The Majlis may enact legislation
    into law without presidential assent if the President
    fails to act on the proposal within 30 days or if a bill
    is repassed with a two-thirds majority.  In the past few
    years, the Majlis increasingly has become somewhat more
    independent, sometimes gently challenging government
    policies and rejecting government-proposed legislation,
    though there were no reports of this happening in 2003.

    For the past several years, the Majlis has held a
    question period during which members may query
    government ministers about public policy.  Debate on the
    floor since the question period was instituted has
    become increasingly open.

    Elections to the People's Majlis last were held in 1999,
    and the next elections are expected to take place in
    November 2004.  According to observers from the SAARC,
    the 1999 elections were generally free and fair.  A by-
    election was held in April 2002 following the expulsion
    of M.P. Mohammed Nasheed from the Majlis, upon his
    conviction for theft (see Section 2.b.).  According to
    observers, the election was generally free and fair.

    There were 5 women in the 50-member Majlis.  There was
    one woman in the Cabinet.  Women were not eligible to
    become president but may hold other government posts.
    However, for reasons of tradition and culture,
    relatively few women sought or were selected for public
    office.  In October 2002, former Women's Affairs
    Minister Rashida Yousuf was named as High Commissioner
    to Sri Lanka, the first woman to hold the office.  In
    December 2001, the position of Atoll Chief of Felidhe
    (which is located south of the capital, Male') was
    awarded to a woman, Haseena Moosa, the first woman to
    hold such a senior post.  In order to increase
    participation by women in the political process, the
    Government continued an awareness campaign in the
    atolls.  In the November 1999 elections, six women ran
    for Majlis seats and two were elected.  During the 1999
    elections, observers from the SAARC noted that women
    participated equally in the electoral process.
    Following the elections, President Gayoom appointed an
    additional three women to the Majlis.

    Section 4 Governmental Attitude Regarding International
    and Nongovernmental Investigation of Alleged Violations
    of Human Rights

    Although not prohibited, there were no active local
    human rights groups.  The Government has generally been
    responsive to the interest of foreign governments in
    examining human rights problems.  A number of
    international organizations whose work includes human
    rights, such as UNICEF, were present in the country.
    The Government cooperated with these international
    organizations.

    Section 5 Discrimination Based on Race, Sex, Disability,
    Language, or Social Status

    The Constitution provides for the equality of all
    citizens before the law, but there is no specific
    provision to prohibit discrimination based on race, sex,
    religion, disability, or social status.  Women
    traditionally have been disadvantaged, particularly in
    terms of the application of Shari'a, in matters such as
    divorce, education, inheritance, and testimony in legal
    proceedings.

    Women

    Women's rights advocates agreed that domestic violence
    and other forms of violence against women were not
    widespread.  There were no firm data on the extent of
    violence against women because of the value attached to
    privacy.  Police officials reported that they received
    few complaints of assaults against women.  Rape and
    other violent crimes against women were extremely rare.
    Under Shari'a the penalty for rape is flogging,
    banishment, or imprisonment for up to 5 years.

    Although women traditionally have played a subordinate
    role in society, they participate in public life in
    growing numbers and gradually are participating at
    higher levels.  During the year, there was one woman
    minister, the Minister of Women's Affairs and Social
    Welfare, one woman nominated to the position of Atoll
    Chief, and one woman ambassador (see Section 3).  Women
    constitute 38 percent of government employees, and
    approximately 10 percent of uniformed NSS personnel.
    Well-educated women maintain that cultural norms, not
    the law, inhibit women's education and career choices.
    During the year, the Government continued law literacy
    programs and workshops on gender and political awareness
    in the outer atolls to make women aware of their legal
    rights.  The Government also has built 15 women's
    centers in the atolls, which are facilities where family
    health workers can provide medical services.  The
    centers also provide libraries and space for meetings
    and other activities with a focus on the development of
    women.  In addition, in July 2001 the Government passed
    a family law that makes 18 years of age the minimum age
    of marriage for women.

    Under Islamic practice, husbands may divorce their wives
    more easily than vice versa, absent any mutual agreement
    to divorce.  Shari'a also governs intestate inheritance,
    granting male heirs twice the share of female heirs.  A
    woman's testimony is equal only to one-half of that of a
    man in matters involving adultery, finance, and
    inheritance (see Section 1.e.).  Women who work for
    wages receive pay equal to that of men in the same
    positions.

    In 2000, the Cabinet created a Gender Equality Council
    to serve as an advisory body to the Government to help
    strengthen the role of women in society and to help
    ensure equal participation by women in the country's
    development.  In 2003, at the request of the Cabinet,
    the Ministry of Women's Affairs and Social Welfare began
    to draft a paper setting out a national policy on gender
    equality.

    Children

    The Government does not have a program of compulsory
    education, but it provided universal access to free
    primary education.  The percentage of school-age
    children in school in 2002 was: (grades 1 to 5) 99
    percent; (grades 6 to 7) 95 percent; and grades (8 to
    10) 51 percent.  Of the students enrolled, 49 percent
    were female and 51 percent were male.  In many
    instances, education for girls was curtailed after the
    seventh grade, largely because parents do not allow
    girls to leave their home island for an island having a
    secondary school.  Nevertheless, women enjoyed a higher
    literacy rate (98 percent) than men (96 percent).

    Children's rights are incorporated into law, which
    specifically protects them from both physical and
    psychological abuse, including abuse at the hands of
    teachers or parents.  The Ministry of Women's Affairs
    and Social Welfare has the authority to enforce this
    law, takes its responsibility seriously, and receives
    strong popular support for its efforts.  Although unable
    to provide an exact number, the Ministry noted that
    there continued to be reports of child abuse during the
    year, including sexual abuse.  Penalties for the sexual
    abuse of children range from banishment to imprisonment
    for up to 3 years.  It is not known if there were any
    prosecutions for child abuse or child sexual abuse
    during the year.

    The Government was committed to the protection of
    children's rights and welfare.  The Government was
    working with UNICEF to implement the rights provided for
    in the UN Convention on the Rights of the Child.  The
    Government has established a National Council for the
    Protection of the Rights of the Child.

    Government policy provided for equal access to
    educational and health programs for both male and female
    children.  In May 2002 the Government ratified two
    Optional Protocols of the UN Convention on Children, on
    Children in Armed Conflict and the Sale of Children.

    Persons with Disabilities

    There is no law that specifically addresses the rights
    of persons with physical or mental disabilities.  In
    1999, the Government initiated a survey that identified
    30,000 persons with disabilities in the country
    (primarily hearing and visually impaired).  The
    Government has established programs and provided
    services for persons with disabilities.

    Persons with disabilities usually were cared for by
    their families.  When family care was unavailable,
    persons with disabilities were kept in the Institute for
    Needy People, which also assisted elderly persons.  The
    Government provided free medication for all persons with
    mental disabilities in the islands, and mobile teams
    regularly visited patients with mental disabilities.

    Section 6 Worker Rights

    a. The Right of Association

    While the Government does not expressly prohibit unions,
    it recognizes neither the right to form them nor the
    right to strike.  Associations (such as industry
    associations and clubs) are allowed, and in May 2003 the
    Government enacted a new law in this area.  This law
    aims at strengthening the legal regime governing
    voluntary, not for profit associations.  Small groups of
    similarly employed workers with mutual interests have
    formed associations, some of which include employers as
    well as employees.  These associations have not acted as
    trade unions.

    The work force consisted of approximately 86,000
    persons, including expatriate labor and seasonal and
    part-time workers.  The approximately 30,700 foreigners
    who work in the country make up almost half of the
    workers in the formal sector; most were employed in
    hotels, the retail and wholesale trade, factories, on
    construction projects or as school teachers.  The
    Government employed approximately 26,700 persons, both
    permanent and temporary.  It was estimated that the
    tourist sector employed 16 percent of the labor force
    and manufacturing another 13 percent.

    There are no laws specifically prohibiting anti-union
    discrimination by employers against union members or
    organizers.

    Although workers can affiliate with international labor
    federations, this generally has not been the case.  It
    is believed, however, that some seamen have joined such
    federations.

    In 1995 the U.S. Government suspended the country's
    eligibility for tariff preferences under the U.S.
    Generalized System of Preferences because the Government
    failed to take steps to afford internationally
    recognized worker rights to workers.

    b. The Right to Organize and Bargain Collectively

    The law neither prohibits nor protects workers' rights
    to organize and bargain collectively.  Wages in the
    private sector are set by contract between employers and
    employees and are usually based on the rates for similar
    work in the public sector.

    There were no reports of efforts to form unions or of
    strikes during the year.

    There are no export processing zones.

    c. Prohibition of Forced or Bonded Labor

    The law does not prohibit forced or bonded labor,
    including by children; however, there were no reports
    that such practices occurred.

    d. Status of Child Labor Practices and Minimum Age for
    Employment

    There is no compulsory education law, but almost 98
    percent of school-age children to grade 7 were enrolled
    in school (see Section 5).  The law bars children under
    14 years of age from "places of waged work and from work
    that is not suitable for that child's age, health, or
    physical ability or that might obstruct the education or
    adversely affect the mentality or behavior of the
    child."

    In December 2002, the age of majority was raised to 18
    years from 16 years.

    The law prohibits government employment of children
    under the age of 16.  In May 2003, the Government
    introduced new guidelines for the employment of children
    below 18.  The new law prohibits employment of children
    below 18 by the government and in jobs of a hazardous
    nature -- construction, carpentry, welding, and driving.

    There were no reports of children being employed in the
    small industrial sector, although children work in
    family fishing, agricultural, and commercial activities.
    The hours of work of young workers were not limited
    specifically by statute.  A Unit for Children's Rights
    in the Ministry of Women's Affairs and Social Welfare is
    responsible only for monitoring compliance with the
    child labor regulations, not enforcement.

    e. Acceptable Conditions of Work

    The regulations for employee relations specify the terms
    that must be incorporated into employment contracts and
    address such issues as training, work hours, safety,
    remuneration, leave, fines, and termination.  There was
    no national minimum wage for the private sector,
    although the Government has established wage floors for
    certain kinds of work such as government employment,
    which provided a decent standard of living for a worker
    and family.  Given the severe shortage of labor,
    employers must offer competitive pay and conditions to
    attract skilled workers.

    There are no statutory provisions for hours of work, but
    the regulations require that a work contract specify the
    normal work and overtime hours on a weekly or monthly
    basis.  In the public sector, a 7 hour day and a 5 day
    workweek have been established through administrative
    circulars from the President's office.  Overtime pay in
    the public sector was instituted in 1990.

    There are no national laws governing health and safety
    conditions.  There are regulatory requirements in
    certain industries such as construction and transport
    that employers provide a safe working environment and
    ensure the observance of safety measures.  It is unclear
    whether workers can remove themselves from unsafe
    working conditions without risking the loss of their
    jobs.  The Ministry of Human Resources, Employment and
    Labor has a Labor Dispute Settlement Unit to resolve
    wage and labor disputes and to visit worksites and
    enforce labor regulations.
    f. Trafficking in Persons

    The law does not prohibit trafficking in persons;
    however, there were no reports that persons were
    trafficked to, from, or within the country.  The
    Attorney General's Office believes that, should a case
    arise, it could be addressed under Shari'a.

    END TEXT.

    LUNSTEAD

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