A/HRC/4/21/Add.3
page 18
64.
The Special Rapporteur notes that freedom of expression, as articulated by
article 19 of the ICCPR, includes the freedom to express ideas and opinions about issues of
religion or belief. In some instances, the expression of such ideas may also constitute part
of an individual’s right to manifest his religion or belief. Accordingly, she is concerned that
people are prevented, both by the Law on Religious Unity and other legislative provisions,
and as a result of social pressure, from expressing their views about issues relevant to
religion or belief. Indeed, she observed that many people, ranging from everyday citizens,
journalists and parliamentarians, exercise self-censorship on issues of religion or belief.
65.
While she recognizes the desire to maintain religious harmony in the country, she
notes that the role of the Supreme Council in licensing preachers and centrally drafting
their sermons does have the potential to violate the right of individuals to manifest their
religion or belief. In this regard, she is particularly concerned by reports that at least one
preacher has been arrested and lost his licence for deviating from the centrally drafted set
texts. In this regard she is also concerned by the role that the Supreme Council plays in
vetting domestically produced and imported literature on Islam. In addition, she is
concerned that there also appears to be limited access to the main religious texts.
Discrimination on the grounds of freedom of religion or belief
66.
The Special Rapporteur is concerned that constitutional provisions, restricting
eligibility to vote and hold certain public offices to Muslims, constitute de jure
discrimination on religious grounds. She is aware that almost all Maldivians are indeed
Muslims and that as such, the presence of these discriminatory provisions is unlikely to
result in many actual instances of discrimination. However, the very presence of these
provisions in the Constitution contradicts the treaty obligations of the Maldives, and
particularly article 2, paragraph 1, in combination with article 25 of the ICCPR, as well as
article 26 of the ICCPR.
67.
She is also concerned by legislation limiting eligibility for certain public posts to
Muslims, including the Human Rights Commission Act, and by the Citizenship Law, which
stipulates that only Muslims can apply for Maldivian citizenship. She encourages
legislators to consider introducing amendments to these pieces of legislation, to bring them
into compliance with the treaty obligations, particularly under article 26 of the ICCPR.
She notes that according to article 4, paragraph 2, of the 1981 Declaration, all States must
make all efforts to enact or rescind legislation where necessary to prohibit discrimination
on the grounds of religion or belief.
Freedom of religion or belief of vulnerable groups
Migrant workers, their families and other foreigners
68.
The Special Rapporteur is extremely concerned by the current limitations placed on
the right of migrant workers and other foreigners to manifest their religion or belief. She
notes that these limitations are implemented as a matter of practice, and not as a matter of
law. As such, they may fail to comply with the requirement in article 18, paragraph 3 of
the ICCPR that any limitation on the right to manifest one’s freedom of religion or belief
must be prescribed by law. Furthermore, the Special Rapporteur questions to what extent