A/HRC/4/21/Add.3
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52.
The Government informed the Special Rapporteur that, except for the two Arabic
medium schools, it is not compulsory to wear headscarves at school. Furthermore, the Special
Rapporteur received information that in at least one case a female student had been excluded
from school for wearing a headscarf, as it covered the school insignia on her uniform blazer. She
was also informed about a public notification dating from the late 1990s, which prohibits women
from wearing veils that cover the whole face, although she received differing information on the
extent to which the domestic legislation is enforced. A distinction should be made between
limitations placed on the wearing of headscarves in general and limitations on veils which cover
the whole face. In any event, she considers that where an individual has freely chosen to wear a
religious symbol, any restrictions on their right to do so will be legitimate if they are applied in a
restrictive manner on the grounds of public safety, order, health, morals or the fundamental
rights and freedom of others as laid down in article 1, paragraph 3 of the 1981 Declaration and
article 18, paragraph 3, of ICCPR.
53.
On the other hand, the Special Rapporteur also received reports that some women may
have been pressured into wearing the veil. The Special Rapporteur was unable to identify the
source of such pressure although some of her interlocutors told her that in some cases women
who do not wear the headscarf are being pressured by their relatives and other citizens. Others
informed her that such messages had been broadcast on State media, which carries 28 per cent
religious content on the television and 34 per cent religious content on the radio. Indeed, on one
of the islands she visited, the women informed her that they had begun to wear the headscarf
after programmes on the State-owned media, according to which, the Tsunami had been the
result of Maldivians failing to live in accordance with Islam. Others told her that either
self-proclaimed preachers, acting outside the authority of the Supreme Council, or newly formed
political parties were encouraging women to wear headscarves. The Government noted that it
was not the policy of the Government to pressure women into wearing the headscarf and that it
does not broadcast programmes that promote or urge women to cover their heads.
V. CONCLUSIONS AND RECOMMENDATIONS
Historical and political context
54.
The Special Rapporteur was the first special procedures mandate-holder to carry
out a country mission to the Maldives. She welcomes the steps the Government has taken
to engage with international human rights mechanisms and is particularly pleased that the
Government has issued a standing invitation to all special procedures in April 2006. She
looks forward to sustained cooperation between the Government and the various special
procedure mandates.
55.
She appreciates the Roadmap for the Reform Agenda and sincerely hopes that it
will be implemented effectively. She emphasizes the interdependency of all human rights
and notes that freedom of religion or belief can only be truly respected in a context in
which other human rights are also respected. The implementation of a number of elements
of the Reform Agenda, including strengthening the system of governance, enhancing the
independence of the judiciary, enhancing the role of the media and strengthening civil
society, will also be vital contributories to ensuring protection of the right to freedom of
religion or belief.