28. In the Maldives citizenship is obtained through parents,28 i.e. jus sanguinis and can therefore also
be obtained where children are born overseas.29 Despite an obligation to immediately register all
births, registered births would tend to only include children born of Muslim parents.
Consequences of unregistered births are long-term and include denial of education, as the
government requires identity documents in order for children to participate in schooling or access
to government services.30 Moreover, there is a noted practice of non-recognition of inter-religious
marriages31 (and children born thereof), as well as children born to other non-recognised unions
such as unregistered child marriages.32 For example, the US State Department has reported that
in 2018 there were several alleged instances where registration of a child was refused in cases
where the child had one foreign parent.33
29. While the denial of birth registration does not amount to statelessness, there is a "crucial" link
between birth registration and statelessness, with birth registration operating as a key form of
proof of the link between the individual and the State. In addition to an immediate heightened
risk of statelessness, bar later conversion to Islam, continued denial of birth registration to nonMuslim children substantially impacts future participation in crucial stages of development
including education. Denial of a child's right to nationality is a serious issue warranting further
action by the Maldives.
Displacement: Human Trafficking and Forced Labour
30. More widely known as a popular tourist destination, the United Nations has referred to the
Maldives as "a destination country for forced labour".34 Despite the introduction of anti-trafficking
laws, the Maldives' trafficking profile remains raised, with persons forced into the jurisdiction, as
well as the Maldives being a source of trafficked persons, both with regard to forced labour and
sex trafficking.35
31. According to a recent report by the US State Department there are estimated to be around 65,000
undocumented foreign workers in the Maldives, with men from Bangladesh and India in high risk
groups, whilst women from across a number of regions are subject to sex trafficking, as are some
local women and children.36
32. While the Maldives Report to the UPR indicated steps towards addressing human trafficking,
more recently concern has been expressed that the current trafficking laws are not reflective of
28 United States Department of State, 2018 Country Reports on Human Rights Practices: Maldives (13 March 2019),
<https://www.state.gov/reports/2018-country-reports-on-human-rights-practices/maldives/>
29 Republic of the Maldives Permanent Mission to the United Nations, Births, Deaths and Marriages,
http://maldivesmission.ch/consular-affairs/births-marriages-and-deaths/
30 United States Department of State, 2018 report on International Religious Freedom: Maldives (21 June 2019)
<https://www.state.gov/reports/2018-report-on-international-religious-freedom/maldives/>
31 Human Rights Compilation, 4.
32 Report, 16, 19.
33 United States Department of State, 2018 Country Reports on Human Rights Practices: Maldives (13 March 2019),
<https://www.state.gov/reports/2018-country-reports-on-human-rights-practices/maldives/>
34 United Nations Situation Report: International Migration in South and South-West Asia, Human Trafficking,
<https://sitreport.unescapsdd.org/maldives/human-trafficking>
35United States Department of State, 2019: Trafficking in Persons Report: Maldives, (20 June 2019),
<https://www.state.gov/reports/2019-trafficking-in-persons-report-2/maldives/>.
36Ibid.
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