cases where decisions to expel a person have been overturned or quashed by judicial
authorities applying the principle of non-refoulement; and on other measures taken to
ensure that application of the non-refoulement principle in practice.11
13. In March 2016, the UN Committee on the Rights of the Child stated that it is concerned about
"the discrepancy between article 20 of the Constitution, on equality of all citizens, and article
9(b), which requires citizens to be Muslims and provides that non-Muslims are excluded from
obtaining citizenship".12
14. In February 2015, the UN Committee on the Elimination of Discrimination against Women stated:
I.
"The Committee is concerned that the State party’s nationality laws establish different
conditions for women and men as regards the transmission of nationality depending,
notably, on religion and marital status, which may have a disparate impact on children
born out of wedlock to foreign mothers."13
15. The Committee recommended that the Maldives revise its nationality laws in order to remove
discrimination against foreign women who have children with Maldavian men out of wedlock with
regard to the transmission of nationality.
16. In September 2011, the UN Committee on the Elimination of Racial Discrimination recommended,
with respect to citizenship requirements, that the Government of the Republic of Maldives:
I.
ensure that particular groups of non-citizens are not discriminated against with regard to
access to citizenship or naturalization;
II.
comply with article 5(d)(vii) of the Convention, and its obligation to ensure that all persons
enjoy their right to freedom of religion without any discrimination on racial or ethnic
grounds; and
III.
consider changing its Constitutional provisions in line with the Convention.14
17. The Committee also raised concerns about hostility against non-citizens and mistreatment of
migrant workers by employers and noted a lack of information on refugees and asylum-seekers,15
recommending that Maldives ratify UN statelessness, refugee and migrant worker conventions.
18. The Committee also raised concerns that the Maldives was a possible destination for migrant
workers being trafficked into the labour market, especially women for the purpose of commercial
sexual exploitation, and recommended that the Maldives:
11
UN Committee against Torture, Concluding Observations on the Initial Report of Maldives, 67th sess, UN Doc
CAT/C/MDV/CO/1 (19 December 2018).
12 UN Committee on the Rights of the Child, Concluding Observations on the combined fourth and fifth periodic reports of
Maldives, 71st sess, UN Doc CRC/C/MDV/CO/4-5 (14 March 2016).
13 UN Committee on the Elimination of Discrimination against Women, Concluding Observations on the combined fourth
and fifth periodic reports of Maldives, 60th sess, UN Doc CEDAW/C/MDV/CO/4-5 (11 March 2015).
14 UN Committee on the Elimination of Racial Discrimination, Consideration of reports submitted by States parties under
article 9 of the Convention - Concluding observations of the Committee on the Elimination of Racial Discrimination, 79th
sess, UN Doc CERD/C/MDV/CO/5-12 (14 September 2011) 3.
15 Ibid.
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