Reservation to Article 18 of the ICCPR and its Implications for Religious Freedom

Members of the delegation of Maldives during the review in Palais Wilson, Geneva.

The Maldives maintains a reservation to article 18 of the ICCPR, which protects freedom of religion and belief. The state party reiterated that this reservation remains unchanged, asserting that it is vital to preserve Islamic principles as fundamental to Maldivian identity. This reservation has been a point of contention as it restricts the application of certain ICCPR provisions that may conflict with Islamic teachings​.

In this line, Non-Muslims are prohibited from publicly practicing their religions in the Maldives and laws prevent non-Muslims from building places of worship, and religious unity laws have been used to target human rights defenders advocating for religious freedom. The Maldives also limits citizenship to Muslims only, which has significant implications for the rights of non-Muslim residents and their integration into society, limiting their ability to participate fully in civil and political life. Furthermore, media outlets are often required to avoid content that contradicts Islamic principles or that could be seen as offensive to Islamic sentiments.

The Maldivian delegation maintained that these measures are essential to preserve the Islamic identity of the State. Its position on the reservation to article 18 remained unchanged, while arguing that it was crucial for maintaining public order and religious harmony. Moreover, any conflicts between the ICCPR and Sharia law are resolved in favor of Islamic principles, which are codified into domestic law. As a reply, the Committee urged Maldives to move beyond political statements and provide tangible evidence of progress. Major issues persist, including the use of religion to restrict freedoms and the Ministry of Islamic Affairs defending positions against government policies on gender equality.

Addressing the Plight of Migrant Workers

The Committee noted that approximately one-third of the Maldives' population are migrant workers, with an estimated 66,000 undocumented workers suffering significant human rights violations, such as exclusion from the minimum wage scheme or quota trading. The latter refers to a practice by which work permits or quotas allotted to employers for hiring foreign workers are traded or sold, and so migrant workers may be charged exorbitant fees by recruitment agents or intermediaries who illegally sell work permits, leaving them vulnerable to exploitation and without access to legal protections and recourse.

The Maldivian delegation replied that it has been running a regularization program since 2019 to provide a pathway for undocumented workers for legal work, simplifying the application process for employers and eliminating certain prerequisites for individual verification. It was also stated that the government was working on legislative amendments to ensure that migrant workers receive fair wages and are protected from exploitation​. Efforts are reportedly being made to improve the oversight of private recruitment agencies and prevent quota trading. The government acknowledged the need for legislative protection for migrant workers' right to fair pay and it was alledgedly working on including them in the minimum wage scheme once the economic conditions stabilize​.

While progress has been made through regularization programs and new legislative measures, the Committee urged the Maldives to provide more concrete evidence of progress and ensure that the rights of migrant workers are fully protected.

Climate Vulnerability and Environmental Measures

The Maldives is one of the most vulnerable countries to the impacts of climate change, particularly rising sea levels, which threaten to submerge parts of the islands. In this regards, the Maldives' efforts to combat climate change and its impacts on human rights and the environment were also a focal point during the review. The Committee acknowledged the nation's extreme vulnerability to climate change, despite its minimal contribution to global emissions. They emphasized the importance of international cooperation and raised concerns about the effectiveness of policies banning single-use plastics and promoting renewable energy. The protection of fisheries from overfishing and the role of the tourism sector in adopting renewable energy solutions were also scrutinized. Additionally, the Committee stressed the need for climate policies to incorporate human rights considerations, particularly for vulnerable groups.

In response, the Maldivian delegation outlined several proactive measures, including the enactment of the Climate Emergency Act 2021, the Maldives Energy Act 2021, and the Waste Management Act 2022. These laws form part of a broader strategy to enhance climate resilience and sustainability. The delegation highlighted its ban on the production and sale of single-use plastics since June 2021, as well as ongoing efforts to achieve 33% renewable energy usage. It was also stressed that the Maldives was committed to sustainable fishing practices, including usage of modern technology, like drones, to combat illegal fishing. Plans to establish more biosphere reserves, nature parks, and to plant 5 million trees were also detailed as part of their environmental protection initiatives.

Watch the dialogue again here (part 1) and here (part 2).

Disclaimer: Transcripts of the dialogue available here were used as a the main source of information to produce this article. It was drafted with the assistance of AI. While efforts have been made to ensure the accuracy and clarity of the content, please verify the information on UN WebTV.