A/HRC/16/53/Add.1
citizens […]”. Article 12 of the draft Regulations envisages the “revoking or temporary
suspension of licenses” for violating the regulations and enables stopping “any persons
whose actions are deemed to be threatening religious unity”.
230. Among the criteria for giving preaching licenses according to article 16 (b) of the
draft Regulations, is the requirement that “the person must belong to any sect of the Sunni
Muslims” and must have reached 25 years of age. In addition, article 19 of the draft
Regulations stipulates that “foreign preachers who are given permission under these
regulations should shape their sermons in reference to the Maldives culture and traditions”.
Article 21 of the draft Regulations would impose “an obligation on the Government and all
the people of Maldives to protect the religious unity of Maldivian citizens as Maldives is a
100 percent Muslim nation and because Islam maintains harmony of Maldivian citizens and
because Islam is the basis of the unity of Maldivian citizens”.
231. Article 24 of the draft Regulations would give the authority to deport anyone who
propagates any religion other than (Sunni) Islam. Article 27 of the draft Regulations would
prohibit, for example, “promoting one’s own individual opinion on issues that are in
disagreement among Islamic scholars”, “inciting people to disputes” and “talking about
religions other than Islam in Maldives”. Similarly, it would be prohibited to build places of
worship of other religions (article 30), to commit any action that may offend Islamic
thought (article 32), for Non-Muslims to express their religious beliefs or carry out their
religious activities (article 33) and to propagate any religion other than Islam (article 34).
232. Article 35 of the draft Regulations would make it “illegal to show or spread sound
bites of programs on religions other than Islam, and any such literature, drawings,
advertisements, music, and songs”, “to use any Internet website, blog, newspaper, or
magazine to publish such material” and “to depict advertisements and make announcements
in a way that affects Islamic way of life”.
233. The Special Rapporteurs requested the Government to indicate the current status of
the draft “Regulations on protecting religious unity of Maldivian Citizens” and they asked
what steps have been taken by the Government to address the situation of members of
religious minorities, dissenting believers and journalists, especially in order to guarantee
their rights to freedom of religion or belief and to freedom of opinion and expression.
(b)
No response received from the Government
(c)
Observations by the Special Rapporteur
234. The Special Rapporteur regrets that he has so far not received a reply from the
Maldives Government concerning the above mentioned allegations. He would like to
appeal to the Government to ensure the right to freedom of religion or belief in accordance
with article 18 of the Universal Declaration on Human Rights and of the International
Covenant on Civil and Political Rights. The Covenant, inter alia, guarantees “freedom,
either individually or in community with others and in public or private, to manifest his
religion or belief in worship, observance, practice and teaching”. In addition, according to
article 27 of the Covenant, persons belonging to religious minorities shall not be denied
“the right, in community with the other members of their group, […] to profess and practise
their own religion”.
235. The draft “Regulations on protecting religious unity of Maldivian Citizens” (draft
Regulations) contain a number of highly problematic provisions which, if enacted in this
form, may seriously hamper several human rights, including freedom of religion or belief
and freedom of opinion and expression. Since 19 September 2006, the Maldives are legally
bound by the provisions of the International Covenant on Civil and Political Rights. The
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