US embassy cable - 03COLOMBO1623

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, Maldives, Human Rights 
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