A/HRC/43/50/Add.2 Commission in fulfilling its mandate is protected by article 189 of the Constitution. However, in 2014 five members of the Commission faced suo motu proceedings by the Supreme Court, charged with treason for their submission to the universal periodic review of the Human Rights Council, which the Court considered unlawful. Since then, the independence of the Commission has been limited by the set of guidelines the Supreme Court expects it to abide by in carrying out its activities. These include using government channels when communicating with international bodies and refraining from causing damage to the country’s reputation. The August 2019 draft bill proposing amendments to Act No. 6/2006 (Human Rights Commission Act), which would recognize the Commission’s powers to communicate with international bodies, is a positive step. It should be passed swiftly and interpreted broadly. 14. Cultural rights are part of the framework of universal human rights. They must be understood in the light of the interdependence and indivisibility of all human rights and do not justify discrimination, violence or violations of other internationally guaranteed human rights. Cultural rights are important in and of themselves. They are also essential for securing other human rights – including the rights to education, freedom of expression and development – and for achieving the Sustainable Development Goals. The Special Rapporteur would encourage Maldives to develop awareness-raising and capacity-building related to cultural rights, incorporating these core principles. 15. The presentation of this report to the Human Rights Council coincides with the country’s preparation for the third cycle of the universal periodic review. The Special Rapporteur hopes her report can stimulate greater consideration of cultural rights in that review. B. Constitutional and legislative framework 16. Article 68 of the 2008 Constitution of Maldives requires courts and tribunals, when interpreting the fundamental rights and freedoms guaranteed by part 2 of the Constitution, to consider the country’s international human rights obligations. In some court cases, these standards have been directly referenced. The Special Rapporteur hopes this process will continue and accelerate. 17. Article 20 of the Constitution affirms the equality of all citizens. The Special Rapporteur is concerned, however, about the discrepancy between this principle and article 9 (d) of the Constitution, which provides that non-Muslims are excluded from obtaining citizenship. This clearly precludes them from taking part in cultural life, as well as social and political life, in full equality and without discrimination. 18. Article 39 of the Constitution explicitly guarantees some aspects of cultural rights, stating that everyone has the right to participate in the cultural life of the nation and to benefit from literary and artistic endeavours. That article also stipulates that the State is to promote education, culture, literature and the arts, within the limits of its resources. Implementation of these rights, in accordance with international standards, remains outstanding and is essential, as is the full implementation of all of the constitutional guarantees of human rights. 19. The Special Rapporteur echoes concerns raised by numerous human rights mechanisms about the absence in the Constitution of freedom of religion or belief and the right to adopt the religion or belief of one’s choice. This hinders anyone who is not Muslim from openly practising their religion and having recognized places of worship. She refers the Government to the specific recommendations on this issue. 1 The Special Rapporteur is also concerned that there are many instances in which the Constitution refers to Islam as representing a limitation on the exercise of human rights, without specifying how Islam will be interpreted. This creates an environment in which the ability to enjoy the specificities and diversities of Maldivian Muslim culture and cultural heritage, as well as freedom of religion or belief and the cultural rights of all, may be undermined. 1 A/HRC/4/21/Add.3, para. 69; A/HRC/11/4/Add.3, para. 46; and A/HRC/WG.6/22/MDV/3, para. 20. 5