The United Nations (UN) Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Fionnuala Ní Aoláin has stated that Maldives has a unique opportunity to be a global leader on the issue of repatriation from conflict zone.
She made this statement during a press conference hosted on Tuesday, where the UN Special Rapporteur briefed the media on her preliminary findings during her visit.
Describing her ten-day visit to the Maldives to be “extremely” productive and constructive, the UN Special Rapporteur stated that the visit was reflected by great dialogue, with several different stakeholders and relevant government ministries.
Noting that the Maldives is “increasingly” playing a highly visible and “constructive” role in the international arena, she stated that the president of the General Assembly Maldives held the presidency of the General Assembly this past session and is seeking a seat on the United Nations Human Rights Council.
She added that the Maldives also has an open invitation to special procedure mandate holders which mirrors a “really” strong commitment to positive dialogue with UN human rights entities.
The UN Special Rapporteur highlighted that the repatriation and reintegration of Maldivian nationals from conflict zones is perhaps one of the most challenging issues that faces the Maldivian government, as many other governments across the globe, do.
As many of you will be aware, there are, we believe, above 50 individuals, primarily women and children, Maldivians found in conflict zones, particularly in north east Syria, in the camps, but also in other parts of Syria.”Fionnuala Ní Aoláin, UN Special Rapporteur.
Stressing that the mandate enlightens that the urgent repatriation of these citizens is a necessity for the government, she noted that the vast majority of this population are children most of whom are under 10 years of age and victims of terrorism at such a young age.
The UN Special Rapporteur stressed that the “intolerable” conditions these children live in are torturous, inhumane and degrading, even under international law.
The longer that children are left in these conditions, the simply the harder it's going to be to reintegrate them fully and to make sure that the adverse harms they experience in this conflict site can be ameliorated. The mandate is really clear that this return is an urgent necessity, and we make clear that the government has a proactive and positive role to play in this regard.”Fionnuala Ní Aoláin, UN Special Rapporteur.
Shedding light on the urgency of the government having a proactive role in repatriation, the UN Special Rapporteur also highlighted some of the positive steps that the government has taken already in this regard for which she applauded the government.
As such, she stated that the commitment of President Ibrahim Mohamed Solih to return children and women from conflict zone is commendable.
This political commitment, she described to be a significant first step to ensure return and repatriation, the second being the establishment of a legal framework under the Anti-Terrorism Act to ensure that return can be done lawfully.
The establishment of a National Rehabilitation Center was the third step according to the UN Special Rapporteur, who stated that a National Rehabilitation Center is crucial to ensure that women, children and some adult men who may return will be appropriately assessed and that their immediate needs, including health and other needs, will be addressed upon return.
Highlighting that these are all good steps, she stated that the mandate will make clear, that there is one returned family and that there is an urgent and pressing need to ensure the return of other families and other children, including orphans, young boys who may be transferred from alcohol enrage camps into prison facilities and families who have experience “serious” health and other challenges.
Let me say something about what happens after return. In my view, the creation of the National Reintegration Centre is a useful first step, but the most effective and human rights compliant reintegration occurs with families and communities as partners in the work of the government, and we strongly recommend that the approach of the government, which has primarily been led by security considerations, be widened and opened up to ensure that all of the expertise that is available in the Maldives, to deal with vulnerable and complex families situations, some of these skills are found in other ministries, for example, like the Family and Gender Ministry, be fully utilized to ensure that repatriation and reintegration is successful and an all of government effort. I would also particularly stress the importance of the inclusion and non-stigma of family members who engage to support repatriation.”Fionnuala Ní Aoláin, UN Special Rapporteur.
Noting that many countries have not made the kind of political commitments that the mandate has seen, she noted that many governments have not put in place the kinds of measures -legal and structural- to address the initial return, which offers the Maldives a unique opportunity to address what is a regional and global security, humanitarian and human rights catastrophe occurring in northeast Syria.
The UN Special Rapporteur stated that the mandate she holds, works with all 57 countries who have third country nationals in Iraq and Syria, underscoring that the most effective reintegration that has been observed is a “whole of society” approach that engages all relevant actors, avoids stigma and in particular stigma to young children alongside ensuring that individuals can return safely but also live out “full”, “dignified”, “normal” lives in the Maldives after return.
The UN Special Rapporteur concluded her visit to Maldives on Tuesday and a debriefing session was held at the Ministry of Foreign Affairs.
She will present her report to the UN Human Rights Council in March 2023, at the 52nd session of the council. The report in question highlights a number of very specific recommendations to the government of Maldives to amend, tighten and ensure that particular parts of that legislation are fully human rights compliant.
The Special Rapporteur on counter-terrorism and human rights holds a Special Procedures mandate of the UN Human Rights Council that was established in April 2005 by the former Commission on Human Rights. The mandate of the Special Rapporteur has been extended by the Human Rights Council multiple times, most recently on 12 April 2022, for a further period of three years
