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only be qualified as a voter if he is Muslim. The Special Rapporteur notes that in the context of
the constitutional reform process, the Law Society has recommended that the Constitution be
amended to require holders of public posts to be Maldivian, without additionally requiring them
to be Muslim.
Legislation excluding non-Muslims from public positions
44.
There are also a number of laws limiting eligibility for public office to Muslims. The
Human Rights Commission Act, which was adopted by the People’s Majlis on 8 August 2006
and subsequently ratified by the President, stipulates that only Muslims qualify as members of
the national human rights institution. This provision was retained in the legislation, despite
opposition from members of the Human Rights Commission and the international community.
Legislation preventing non-Muslims from obtaining citizenship
45.
It is not possible for non-Muslims to obtain Maldivian citizenship. Section 2 (a) of the
Citizenship Act provides that in order for a person to become a citizen of the Maldives he must
satisfy a number of conditions, including being a Muslim. The Special Rapporteur was informed
by a number of her interlocutors that it is necessary to pass a test on Islam in order to obtain
Maldivian citizenship. In this regard, however, the Government stated that it was not a legal
requirement for applicants to undergo a written or oral test on Islam. A draft bill has been under
consideration, which if adopted, would replace the current Citizenship Law. The Special
Rapporteur notes that this bill also requires applicants for Maldivian citizenship to be Muslim.
Indeed, it goes further than the current law, in that it stipulates that converts to Islam can only
apply for Maldivian citizenship two years after their conversion. Following a debate in
Parliament, the Government decided to withdraw the draft bill in order to make several changes
and it envisages resubmitting the bill to Parliament in 2007.
D. Freedom of religion or belief of vulnerable groups
Migrant workers, their families and other foreigners
46.
There are approximately 53,000 expatriate workers in the Maldives, from a number of
countries. Their right to adhere to religions or beliefs of their choice is respected in the
Maldives. However, restrictions are placed on their right to manifest their religion or belief. In
this regard, the Special Rapporteur emphasizes that it is all persons within a particular country,
and not just the citizens of that country, who have the right to freedom of religion or belief,
including the right to manifest that belief. Muslim foreigners do not generally suffer any
restrictions on their right to manifest their religion or belief, although members of local
congregations on some of the islands do not allow foreign manual labourers to attend the
mosque.
47.
In relation to non-Muslim foreigners, the Special Rapporteur notes that there are practical
limitations on their right to manifest their religion publicly, and these limitations are supported
by the vast majority of the population. As a matter of practice, they are not allowed to build
places of worship or carry out prayers or religious rituals outside of their homes. They are
allowed to congregate in their own homes to pray and carry out religious rituals, but they are not
allowed to invite Maldivians to these gatherings. In the Maldives there is not a single official