Maldives Moves to Join Optional Protocol on Rights of Persons with Disabilities

The Maldivian Cabinet has approved the country’s accession to the Optional Protocol to the United Nations Convention on the Rights of Persons with Disabilities, paving the way for the matter to be submitted to the People’s Majlis for approval.

The decision was made following a paper presented by the Ministry of Health, Family and Welfare at Sunday’s Cabinet meeting.

As accession to the protocol requires parliamentary approval under Article 93(a) of the Maldivian Constitution, President Dr Mohamed Muizzu has decided to forward the matter to the People’s Majlis.

The Optional Protocol provides additional mechanisms for monitoring and enforcing the rights guaranteed under the Convention on the Rights of Persons with Disabilities (CRPD).

The Maldives ratified the CRPD on April 5, 2010, committing to uphold and protect the rights of persons with disabilities. However, the country has yet to become a party to the Optional Protocol, which is a separate instrument that states may voluntarily join.

The protocol has two principal mechanisms for strengthening oversight of the Convention.

Under the individual communications procedure, individuals or groups who believe their rights under the Convention have been violated can bring a complaint before the UN Committee on the Rights of Persons with Disabilities. Such complaints can generally be considered only after available domestic remedies have been exhausted.

The protocol also establishes an inquiry mechanism through which the UN Committee can investigate information suggesting grave or systematic violations of rights protected under the Convention. Such inquiries are conducted confidentially.

Accession to the protocol would therefore give persons with disabilities in the Maldives an additional international avenue to seek review of alleged violations after exhausting relevant domestic procedures.

The Maldives has also received recommendations during international human rights review processes to accede to the Optional Protocol, with calls for the country to complete the process of joining the instrument.

The Cabinet’s decision now moves the accession process to the parliamentary stage.