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26.
The Maldives has also entered a reservation to articles 20 and 21 of the CRC, dealing
with alternative care and adoption. The text of the reservation provides that, “Since the Islamic
sharia is one of the fundamental sources of Maldivian Law and since Islamic sharia does not
include the system of adoption among the ways and means for the protection and care of children
contained in sharia, the Government of the Republic of Maldives expresses its reservation with
respect to all the clauses and provisions relating to adoption in the said Convention on the Rights
of the Child.” Articles 20 and 21 of the CRC concern the provision of temporary and permanent
care, including foster care, adoption and kafalah for children deprived of their family
environment. It would be productive to further discuss these concepts in relation to the rights of
abandoned or vulnerable Muslim children.
B. Overview of relevant constitutional provisions
27.
The Constitution of the Maldives was adopted on 1 January 1998. Article 1 provides
that, “The Maldives shall be a sovereign, independent, democratic republic based on the
principles of Islam.” Article 7 goes on to provide that, “The religion of the State of the Maldives
shall be Islam” and according to article 38 “The President shall be the supreme authority to
propagate the tenets of Islam in the Maldives.” Chapter II of the Constitution relating to the
fundamental rights and duties of citizens does not provide for the right to freedom of religion or
belief. She notes that in the context of the constitutional reform process, the Law Society has
recommended that an article prohibiting discrimination on grounds of religion or belief be
included in this chapter on the fundamental rights and duties of citizens. However, following
discussions with representatives of the Law Society, it is unclear to what extent there is
unanimous support for this recommendation within the Law Society itself.
28.
The Special Rapporteur notes that many of her interlocutors, at all levels of society, were
of the opinion that the Constitution of the Maldives required all Maldivians to be Muslim.
Furthermore, the text of the reservation to article 14 of the CRC states that the Constitution of
the Maldives stipulates that all Maldivians should be Muslims. However, the Office of the
Attorney-General clarified to the Special Rapporteur that while the Constitution does designate
Islam as the State religion, there is in fact no constitutional provision expressly requiring
Maldivians to be Muslim.
IV. RESPECT FOR FREEDOM OF RELIGION
OR BELIEF IN THE MALDIVES
29.
The Maldives has traditionally been recognized as a moderate Islamic country. The
Government has placed great importance on preserving and promoting religious unity within the
country, a concept which it regularly links to that of national unity. The Special Rapporteur
notes that the Government receives widespread support amongst the population, and from the
opposition parties, on this issue. The emphasis on religious identity is central to the political and
legal framework of the country, and religious homogeneity is considered a vital element for
guaranteeing national unity.
30.
In her discussions with various interlocutors, the Special Rapporteur was informed about
a number of potential challenges to religious unity, including the potential impact on the
population of the influx of large numbers of tourists from various cultural backgrounds. Many
of her interlocutors expressed their concern about citizens returning from carrying out their