Date: Tuesday 12 August 2008
Subj: Maldives: Religious Liberty Absent from New Constitution.
To: World Evangelical Alliance Religious Liberty News & Analysis
From: WEA RLC Principal Researcher and Writer, Elizabeth Kendal
MALDIVES: RELIGIOUS LIBERTY ABSENT FROM NEW CONSTITUTION
On Thursday 7 August, President Maumoon Abdul Gayoom ratified Maldives' new Constitution to much fanfare from the Western media which is applauding the government for its embrace of democratic reforms. (Link 1)
Clearly the Western media still regard religious liberty as a dispensable human right, for the new constitution discriminates against and marginalises non-Muslims, offers no guarantee of religious freedom, elevates Sharia (Islamic Law) as the supreme authority, and iterates that the rights and freedoms specified by the Constitution may be limited by law to protect the tenets of Islam.
According to President Gayoom, a new era of governance based on the principles of modern liberal democracy and the principles of Islam has been ushered in. He said the new Constitution would provide civil, political, economic, social and cultural rights in accordance with international standards. (Link 2)
The New Constitution can be found at: http://www.maldivesinfo.gov.mv/home/upload/downloads/Compilation.pdf
While many of the "democratic reforms" are admirable, the Constitution is as religiously repressive and discriminatory as ever.
Right from the beginning, Article 2 makes it clear that the Republic of Maldives is "based on the principles of Islam".
Article 9d stipulates that "a non-Muslim may not become a citizen of the Maldives".
In May, Information Minister Mohamed Nasheed said on his personal blog that Maldivians who convert away from Islam, or who are children of Maldivians married to non-Muslims, risked losing their citizenship under the clause. (Link 3)
Article10 stipulates that Islam is the State religion and forms the basis of all law. "No law contrary to any tenet of Islam shall be enacted in the Maldives."
It is proscribed in Article16 that the majlis (parliament) may pass legislation that limits rights and freedoms "in order to protect and maintain the tenets of Islam", but only "if demonstrably justified in a free and democratic society". The courts will decide the "extent to which the right or freedom must be limited in order to protect the tenets of Islam . . ."
Article 19 states: "A citizen is free to engage in any conduct or activity that is not expressly prohibited by Islamic Shari'ah or by law. No control or restraint may be exercised against any person unless it is expressly authorised by law." While this article should protect citizens from Taliban-style, self-appointed Islamic morals police, pressure will surely be exerted to have Islamic morals proscribed in law and policed accordingly.
Article 20 guarantees equality before the law despite this being contrary to Sharia.
Article 27 states: "Everyone has the right to freedom of thought and the freedom to communicate opinions and expression in a manner that is not contrary to any tenet of Islam."
Article 29, which guarantees "Everyone has the freedom to acquire and impart knowledge, information and learning" and Article 30, which guarantees "freedom of association", are both crippled by Article 19 which dictates that citizens may not engage in any conduct or activity that is expressly prohibited by Islamic Shari'ah (Article 19).
Article 32 guarantees freedom of peaceful assembly, but as Maldives describes itself as 100 percent (Sunni) Muslim, the very prospect of Maldivian Christians gathering for worship is not considered.
Article 36c states: "Education shall strive to inculcate obedience to Islam, instil love for Islam, foster respect for human rights, and promote understanding, tolerance and friendship among all people."
Article 67 states: " . . . it is the responsibility of every citizen" to respect the rights of others, foster tolerance and "preserve and protect the State religion of Islam".
The marginalisation of non-Muslims is guaranteed by the new Constitution.
Article 73a3 stipulates that all members of the majlis (parliament) must be Muslims. Articles 109b and 112c stipulate that the President and Vice President (respectively) must be Muslims. And Article 130a3 needlessly mandates that all Cabinet members be Muslims.
Religious liberty is absent from the Constitution. Of course, when it has been proscribed that Islam forms the basis of all law and that no law contrary to any tenet of Islam shall be enacted (Article 10) then may be understood that proselytism and apostasy are banned.
It is most disappointing that the young reformists of the "New Maldives" movement -- referred to in the WEA RLC News & Analysis posting of 3 September 2007, "Maldives: Hope is born" (Link 4) -- have not condemned this total absence of religious liberty.
Former Attorney-General Dr Hassan Saeed resigned from the government in August 2007 in protest over President Gayoom's persistent blocking of reforms. Western educated, he is one of leaders of the New Maldives movement and a presidential candidate. His book, "Freedom of Religion, Apostasy and Islam (2004)", calls for 'absolute' freedom of religion to be permitted in modern Muslim societies. However, responding to concerns over Article 9's provision that non-Muslims cannot become citizen of Maldives, Dr Saeed said these concerns were not relevant as "we do not have a non-Muslim population" (Link 5). This is despite his believing Muslims should be free to become non-Muslims.
Maldives might officially claim to be 100 percent (Sunni) Muslim but in June 1998 some 50 Maldivian Christians were imprisoned and tortured in the notorious Dhoonidho Prison for their faith. When they were eventually released in November 1998 they were placed under intense surveillance and ordered to refrain from discussing religion, praying in Jesus' name, reading non-government religious literature or meeting together. The Government then had all their Dhivehi-language Scriptures destroyed.
While Muslims might be celebrating the new liberties guaranteed to them, nothing much has changed for the repressed, downtrodden Christians of the Republic of Maldives. Regardless, Information Minister Mohamed Nasheed believes the new Constitution will catapult Maldives into the ranks of established democracies. (Link 1 BBC)
By Elizabeth Kendal
1) BBC: Maldives adopt new constitution
REUTERS: Maldives president ratifies new constitution
AP: Official: Maldives adopts new constitution
Maldives' New Constitution Ratified
By Judith Evans and Olivia Lang in Male, 7 August 2008
2) The President ratifies the new Constitution
Reference Number: 2008-423. 7 August 2008
3) Constitution: The Sticking Points
By Zaheena Rasheed. 19 July 2008
4) Maldives: Hope is born
- the struggle for liberty is just beginning.
WEA RLC News & Analysis. 3 September 2007
By: WEA RLC Principal Researcher and Writer, Elizabeth Kendal
5) American NGO Condemns Maldives Constitution Over Religion Clause
By Olivia Lang in Male. 9 August 2008
Institute on Religion and Public Policy (IRPP)
New Maldives constitution severely restricts non-Muslim rights
Washington, DC, 9 August 2008