A/HRC/4/21/Add.3
page 8
the body responsible for monitoring the implementation of the ICCPR, provides, in paragraph 8
of its general comment No. 22, that States parties may not reserve the right to deny freedom of
thought, conscience and religion or to deny to minorities the right to profess their own religion.
22.
The Special Rapporteur notes however, that the Government did not enter any other
reservations to ICCPR and that as such, a number of important articles relevant to freedom of
religion or belief are now applicable in the Maldives. These include article 2, which obliges the
Government to respect and to ensure the rights recognized in the Covenant to all individuals
within its territory and subject to its jurisdiction without distinction on the basis of religion.
They also include article 20, which obliges the Government to prohibit by law any advocacy of
national, racial or religious hatred that constitutes incitement to discrimination, hostility or
violence; article 26, which prohibits discrimination on religious grounds; and article 27, which
provides for the right of members of religious minorities to profess and practise their own
religion.
Convention on the Elimination of All Forms of Discrimination against Women
23.
The Government of the Maldives has entered a reservation to article 16 of CEDAW,
which concerns equality between men and women and the elimination of discrimination against
women in all matters relating to marriage and family relations. The text of the reservation
provides that, “The Government of the Republic of the Maldives reserves its right to apply
article 16 of the Convention […] without prejudice to the provisions of Islamic sharia, which
govern all marital and family relations of the 100 per cent Muslim population of the Maldives.”
24.
In January 1999, the Maldives submitted its initial report to the Committee on the
Elimination of Discrimination against Women (CEDAW/C/MDV/1). The Government
explained “the purpose” of the report was to explain the rationale behind the reservations made
to the CEDAW. The Government assured that “new steps and actions” would result in reducing
the reservations. In matters of testimony, the report clarifies that men and women have equal
weight except in matters specified in the Koran (CEDAW/C/MDV/1, para. 6). With respect to
family laws, the report explains that there is little codification but it is easier for men to obtain a
divorce (ibid., para. 155). A female de jure requires the consent of the male guardian for a
marriage contract to be valid but according to the report women have “a lot of autonomy to
choose a marriage partner” in practice (ibid., para. 158). Polygamy is permitted under the law,
though is not very common.
Convention on the Rights of the Child
25.
The Maldives has entered a reservation to article 14, paragraph 1, of the CRC which
requires States parties to respect the right of the child to freedom of religion or belief. The
reservation states that, “The Government of Republic of the Maldives expresses its reservation
[…] since the Constitution and the Laws of the Republic of the Maldives stipulate that all
Maldivians should be Muslims.” The Special Rapporteur emphasizes that the rights in the CRC
are not limited to children who are Maldivian citizens. The Convention confers rights on all
children within the jurisdiction of the Maldives, including non-citizens, who may well adhere to
religions other than Islam. The Special Rapporteur also notes that the text of the reservation
specifically reserves article 14, paragraph 1, which comprises the right to have or adopt a
religion or belief of one’s choice.