A/HRC/4/21/Add.3 page 18 64. The Special Rapporteur notes that freedom of expression, as articulated by article 19 of the ICCPR, includes the freedom to express ideas and opinions about issues of religion or belief. In some instances, the expression of such ideas may also constitute part of an individual’s right to manifest his religion or belief. Accordingly, she is concerned that people are prevented, both by the Law on Religious Unity and other legislative provisions, and as a result of social pressure, from expressing their views about issues relevant to religion or belief. Indeed, she observed that many people, ranging from everyday citizens, journalists and parliamentarians, exercise self-censorship on issues of religion or belief. 65. While she recognizes the desire to maintain religious harmony in the country, she notes that the role of the Supreme Council in licensing preachers and centrally drafting their sermons does have the potential to violate the right of individuals to manifest their religion or belief. In this regard, she is particularly concerned by reports that at least one preacher has been arrested and lost his licence for deviating from the centrally drafted set texts. In this regard she is also concerned by the role that the Supreme Council plays in vetting domestically produced and imported literature on Islam. In addition, she is concerned that there also appears to be limited access to the main religious texts. Discrimination on the grounds of freedom of religion or belief 66. 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. 67. 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. Freedom of religion or belief of vulnerable groups Migrant workers, their families and other foreigners 68. The Special Rapporteur is extremely concerned by the current limitations placed on the right of migrant workers and other foreigners to manifest their religion or belief. She notes that these limitations are implemented as a matter of practice, and not as a matter of law. As such, they may fail to comply with the requirement in article 18, paragraph 3 of the ICCPR that any limitation on the right to manifest one’s freedom of religion or belief must be prescribed by law. Furthermore, the Special Rapporteur questions to what extent

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