A/HRC/4/21/Add.3
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studies at madrassas abroad and some were of the view that the creation of the political party
system could result in some parties campaigning on political platforms based on more
fundamental ideas about Islam. Additionally, some of her interlocutors expressed their concern
about the possibility of foreigners trying to carry out missionary work in the country.
31.
The Special Rapporteur is impressed by the desire of the Maldivian people to preserve
national unity, but is concerned that the concept of national unity appears to have become
inextricably linked to that of religious unity, which some of her interlocutors seemed to equate
with religious homogeneity. She recognizes that almost all Maldivians are indeed Muslim.
However, she considers that some of the laws and policies that have been implemented to
preserve religious unity have the potential to violate freedom of religion or belief, and may in
some instances have resulted in actual violations thereof, particularly in the case of certain
vulnerable groups including migrant workers and other foreigners and persons in detention.
A. Freedom to have or to adopt a religion or belief
32.
“[T]he freedom ‘to have or to adopt’ a religion or belief necessarily entails the freedom to
choose a religion or belief, including the right to replace one’s current religion or belief with
another or to adopt atheistic views”, observed the Human Rights Committee in paragraph 5 of its
general comment No. 22. It also includes the right to be free from any coercion in matters of
religion or belief. The freedom to have or to adopt a religion or belief cannot be limited or
restricted under any circumstances. In the Maldivian context, the President has been quoted as
saying that all Maldivians are born Muslim and although the “Law on the Protection of the
Religious Unity of Maldivians” does not expressly require Maldivians to be Muslim, it presumes
that all Maldivians are Muslim. Apostasy, or the formal renunciation of Islam, is a criminal
offence under applicable, although uncodified, sharia law.
33.
The Special Rapporteur received anecdotal information about a relatively small number
of Maldivians who had converted away from Islam. She was informed that these individuals had
not been able to admit to converting due to the potential social and legal ramifications. She was
informed that on the rare occurrences in which Maldivians have been suspected of having
converted to another religion, they have not been formally charged with apostasy, but have been
detained and subjected to coercion in order to encourage or force them to reaffirm their faith in
Islam. She was also informed that individuals suspected of having converted to another religion
have been subjected to verbal abuse by members of the population. In theory a Maldivian
residing abroad could change religion, but as a result, he or she would be denied a number of
important political rights.
34.
There is no bar on non-Muslim foreigners converting to Islam. Indeed, the Special
Rapporteur received information about a number of foreign prisoners who converted to Islam
while in custody. The Special Rapporteur also notes that the Family Law prohibits Maldivian
women from marrying non-Muslim foreigners, whereas it allows Maldivian men to marry
non-Muslim foreigners, as permitted by the sharia.
B. Freedom to manifest one’s religion or belief
35.
The right to freedom of religion or belief includes the freedom, either individually or in
community with others and in public or in private, to manifest one’s religion or belief in