A/HRC/4/21/Add.3
page 7
III. LEGAL FRAMEWORK ON FREEDOM OF RELIGION
OR BELIEF IN THE MALDIVES
A. Overview of relevant international standards
16.
On 4 July 2005, the Supreme Council for Islamic Affairs issued a press statement in
which it declared that article 18 of the UDHR contradicted the Constitution of the Maldives and
the Islamic faith. The statement was issued in reaction to a project being implemented by the
Maldives Human Rights Commission, which involved distributing translations of the UDHR.
The press release stated that, “As no Maldivian wishes to practise another religion but Islam we
have banned people from possessing the UDHR that is being distributed by the Commission.”
17.
On 8 July 2005, the Special Rapporteur sent an Urgent Appeal to the Maldives together
with the Special Rapporteur on the promotion and protection of the right to freedom of opinion
and expression and the Special Representative of the Secretary-General on human rights
defenders. On 31 August, the Government assured the mandate-holders that the press release
had no legal effect. The Government also informed the mandate-holders that it had issued a
public statement in response, explaining that the UDHR was not banned in the Maldives.
Nevertheless, even informed members of Maldivian civil society remain under the impression
that the UDHR was not applicable in the Maldives.
18.
The Special Rapporteur took the opportunity of the mission to follow up on the issue with
various interlocutors. The representatives of the Supreme Council for Islamic Affairs indicated
that they were still of the opinion that article 18 of the UDHR conflicted with the principles of
Islam, particularly with regards to the issue of conversion. Members of the Human Rights
Commission informed her that the Commission had nonetheless subsequently continued to
distribute the translations of the UDHR without hindrance. However, other interlocutors told her
that it was not clear whether the translations had in fact been distributed.
19.
The country has ratified or acceded to a number of international human rights treaties. It
has ratified the Convention on the Rights of the Child, along with its two Optional Protocols and
acceded to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment and its Optional Protocol, to CEDAW and its Optional Protocol and to ICERD. In
October 2006, the Government took the important step, in accordance with the Roadmap for the
Reform Agenda, of acceding to ICESCR and ICCPR and its First Optional Protocol.
20.
The Maldives has entered reservations relevant to freedom of religion or belief to a
number of international treaties. These reservations are discussed below.
International Covenant on Civil and Political Rights
21.
On accession to ICCPR on 19 September 2006, the Government entered a reservation to
article 18 on freedom of religion or belief. The reservation provides that, “The application of the
principles set out in article 18 of the Covenant shall be without prejudice to the Constitution of
the Republic of Maldives.” The Special Rapporteur notes that the text of the reservation does
not clearly specify whether the reservation is limited to the manifestation aspects of the right, or
whether it is also intended to apply to the freedom to have or adopt a religion or belief of one’s
choice. In this regard, the Special Rapporteur notes that the Human Rights Committee, which is