A/HRC/4/21/Add.3
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Relevant constitutional provisions
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.
Freedom to adopt, change or renounce a religion or belief
61.
The Special Rapporteur regrets legislative provisions requiring all Maldivians to be
Muslim and hopes that legislators will review these provisions to ensure respect for the
right to adopt one’s own religion or belief. While she is aware that almost all Maldivians
are indeed Muslims, she is concerned that these legislative provisions could result in actual
violations of the right to adopt one’s own religion or belief. She would like to reiterate the
words of the first mandate-holder, Angelo Vidal d’Almeida Ribeiro: “Mankind has a right
to diversity, to the freedom of thought, conscience and belief, without limits being imposed
on anyone, except in cases where restrictions to their exercise are prescribed.”
(E/CN.4/1993/63, para. 53.)
62.
She is also concerned by reports that individuals who are suspected of having
converted away from Islam have been subjected to coercion in detention to persuade them
to reaffirm their belief in Islam. She reminds the Government that the right to freedom of
religion or belief includes the right to be free from coercion and encourages it to ensure
that nobody is detained with the purpose of coercing them to reaffirm their belief in Islam.
She welcomes the draft Criminal Code, which seeks to codify Maldivian criminal law,
including sharia law. The draft Criminal Code does not criminalize apostasy and the
Special Rapporteur strongly encourages legislators to adopt the pertinent provisions of the
draft Criminal Code in its current form.
Freedom to manifest one’s religion or belief
63.
The Special Rapporteur is disturbed by provisions of the Law on Religious Unity,
which criminalize any action or form of expression intended to disrupt, jeopardize or
disunite social and religious order and harmony, and considers that the law has the
potential to limit the manner in which people choose to manifest their religion or belief.
She considers that the law may fail to satisfy the requirement that any limitations on the
right to manifest one’s religion or belief must be prescribed by law and must be necessary
to protect public safety, order, health, or morals or the fundamental rights and freedoms of
others. She also considers that the restrictions provided for in the above-mentioned law, as
well as in the Law on Prohibited Items in Maldives and the Law on Associations, may well
be disproportionate and go beyond what would be considered legitimate within the
framework of international human rights law.