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40.
The Special Rapporteur emphasizes that a number of limitations also undermine the
freedom of religion or belief of Muslims, in that they are bound to follow the official
interpretation of Islam. She received credible information that the Government issued orders
prohibiting Islamic teachers from answering students’ questions on certain subjects. Instances
were also reported of students being picked up by the police for discussing other religions. She
notes that a survey published in 2005 by the United Nations Development Programme, UNICEF
and United Nations Population Fund entitled “Youth Voices - Facts, opinions and solutions”,
indicates that 81 per cent of the youths in the Maldives consider that it is not important to respect
other religions. She encourages the Ministry of Education in its efforts to ensure that values of
pluralism constitute an important part of learning.
The Law on Prohibited Items in the Maldives
41.
The Law on Prohibited Items in the Maldives prohibits the import of religious material
offensive to Islam and idols used for worshipping. The law prohibits the import or carrying of
religious symbols, written text or other banned items, like dogs associated as being haram
(taboo) in Islam. The offence carries a penalty of imprisonment, banishment, or house arrest for
a period of three to eight years. The Special Rapporteur was informed that although custom
officials did confiscate certain items under the law, criminal charges were rarely brought against
persons caught trying to import objects contrary to the law. She received differing information
as to the type of items and materials that were confiscated under the law. Some of her
interlocutors informed her that custom officials would only confiscate large idols intended for
public display. However, others informed her that custom officials confiscated items like bibles
or small idols of the Lord Buddha intended for private use.
The Law on Associations
42.
Furthermore, the Law on Associations essentially prohibits the creation of faith-based
associations, other than those based on Islam. Article 6 of the Law on Associations provides that
an association can only be registered if its rules of procedure are not contrary to the principles of
Islam. Article 19 of the Law on Associations goes on to provide that it is forbidden to establish
an association to contradict a tenet of Islam, or to insult Islam, or to violate or diminish the
religious unity of Maldivians, or to expose or spread ideologies and slogans of religions other
than Islam.
C. Discrimination on the grounds of religion or belief
Constitutional provisions excluding non-Muslims from public positions
43.
The Constitution precludes non-Muslims from voting and holding various political
positions. Article 34 (a) requires the President to be a Muslim of Sunni following and
article 56 (a) requires the Cabinet, which includes Ministers and the Attorney-General, to be
Muslims of Sunni following. Article 66 (a) requires members of the People’s Majlis to be
Muslim, article 107 requires Atoll Chiefs to be Muslim and Article 113 requires the Chief Justice
and High Court judges to be Muslim. Furthermore, article 134 (a) provides that a citizen can