A/HRC/10/8/Add.1 page 39 Muslim can become a citizen of Maldives”. It has been reported that if this draft Constitution is passed and comes into effect a number of Maldivians may lose their right to be citizens of Maldives or become stateless. The Peoples Special Majlis was expected to reconvene on 13 January 2008. 147. In this regard the Special Rapporteur referred to the conclusions and recommendations of her recent report on the visit to the Maldives (A/HRC/4/21/Add.3, paras. 60): “The Special Rapporteur encourages the members of the Special Majlis to give serious consideration to including the right to freedom of religion or belief in the new draft of the Constitution. This right should not be limited to citizens of the Maldives, but should be extended to all persons in the Maldives. She takes this opportunity to underline that the designation of Islam as the State religion of the Maldives does not require all citizens to adhere to that religion alone. Indeed, she notes that there are numerous countries, including in the South Asia region, which have adopted a State religion, but do not require their citizens to adhere to that religion.” Furthermore, her visit report included the following conclusions and recommendations (A/HRC/4/21/Add.3, paras. 66-67): “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. 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.” Observations 148. The Special Rapporteur regrets that she has not received a reply from the Government of the Maldives concerning the above mentioned allegations. She has addressed citizenship issues and religious discrimination in administrative procedures in her latest report to the General Assembly (see A/63/161, paras. 25-78). In particular, she concluded that “Governments sometimes impose restrictions in such a way that the right to freedom of religion or belief of the persons concerned is adversely affected. While the State may have a legitimate interest in limiting some manifestations of the freedom of religion or belief, when applying limitations the State must ensure that certain conditions are fulfilled. Any limitation must be based on the grounds of public safety, order, health, morals or the fundamental rights and freedoms of others, it must respond to a pressing public or social need, it must pursue a legitimate aim and it must be proportionate to that aim” (A/63/161, para. 67). Furthermore, she added that “[m]easures that discriminate on the basis of religion or belief, or lead to de facto discrimination on such grounds, violate human rights standards. Consequently, it would be contrary to the principle of non-discrimination to restrict citizenship to people with certain religious beliefs or to deny official documents based on the applicant’s religious affiliation” (A/63/161, para. 70).