SUB-REGIONAL OVERVIEW: SOUTH ASIA SUB-REGIONAL OVERVIEW: SOUTH ASIA TABLE 56 Status of Accession of International Human Rights Treaties in South Asia Country Maldives ✅ ⛔ Stateless 1 ⛔ Stateless 2 ⛔ Refugee ⛔ Signifies that the country is a party to the convention Signifies that the country is not a party to the convention the Reduction of Statelessness, and the 1951 Refugee Convention and its 1967 Protocol. On its ratification of ICCPR, the Maldives notably made a reservation under Article 18, which ensures the right to freedom of thought, conscience and religion.2208 The country also made a reservation on Article 14 of CRC, which ensures the same rights to children.2209 In 2016, the CRC Committee noted concerns over the provision in the Constitution which excludes non-Muslims from obtaining Maldivian citizenship.2210 On this, the Committee urged the Maldives to “ensure that all children within its jurisdiction enjoy all the rights enshrined in the Convention without discrimination”.2211 The Committee further recommended that the country amend its citizenship legislation to “eliminate any discrimination against girls, children born out of wedlock or following outof-court marriages, and lesbian, gay, bisexual, transgender or intersex children”.2212 By ratifying CRC, the Maldives is obligated to ensure timely registration of all births and that all children enjoy the right to acquire a nationality.2213 The CEDAW Committee expressed concern in 2021 regarding the different conditions for conferring nationality based on gender and the “lack of information on stateless women and girls” in the country.2214 The Committee recommended that the Maldives revise its citizenship legislation to ensure gender equality with regard to conferring citizenship and further develop mechanisms to identify and protect stateless women and girls.2215 In 2015, the Committee also 200 ICCPR ✅ ICESCR ✅ ICERD ✅ CRC ✅ CEDAW ✅ reliable information on the stateless population in the Maldives.2222 The CEDAW has expressed concern regarding the lack of available information regarding statelessness among women and girls within the Maldives.2223 Stateless 1 - 1954 Convention relating to the Status of Stateless Persons Stateless 2 - 1961 Convention on the Reduction of Statelessness Causes of Statelessness highlighted the issue of legislative provisions that “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”.2216 In relation to this, the Committee recommended that the Maldives amend citizenship legislation to ensure women and men have equal rights in conferring nationality, especially concerning religion and marital status.2217 On CEDAW, the Maldives notably made a reservation on Article 16, which ensures gender equality in marriage and family relations.2218 Under Article 9 of CEDAW, which the Maldives is bound to, protects gender equality in nationality laws.2219 In a recent joint UPR submission by ISI, the Maldives was recommended to reform legislation to remove provisions that discriminate on the ground of religion; ensure that all children born in the country, including those of nonMuslim parents, are registered at birth without discrimination; take action to address human trafficking and forced labor; withdraw its reservations to the ICCPR, CEDAW, and CRC; and accede to the Statelessness Conventions.2220 Discriminatory nationality laws UNHCR, the CERD, and the Periodic Working Group of the Universal Periodic Review have expressed concern about religious discrimination in the Maldives citizenship laws due to the requirement that all Maldivians be Muslim under the Constitution.2224 As noted above, CEDAW has noted the unequal treatment of women in conferral of nationality.2225 Lack of legal safeguards against childhood statelessness Maldivian citizenship law does not provide access to citizenship for foundlings or children born to stateless parents. Administrative barriers As of 2017, the Maldives has reported a 99% birth registration rate.2226 Despite the high reported numbers in the birth registration rate, discriminatory practices on the basis of religion act as a barrier to several groups accessing birth registration. Registered births in the Maldives often only include children born to Muslim parents due to the lack of religious freedom in the country and the births of children born to non-Muslim parents often remain unregistered.2227 Further, the lack of recognition for inter-religious marriages and a prevalence of non-recognised unions (including child marriages) leaves children born to parents in these scenarios unregistered.2228 Children born to one foreign parent have also experienced refusal of birth registration.2229 The US Department of State included in its 2022 Human Rights Report that there have been reported cases of parents who married outside of the country that are unable to register the birth of their child born in the country.2230 Children who remain unregistered experience denial of education as they are unable to provide identity documentation in order to enroll in school or access government services.2231 Despite the high reported numbers in the birth registration rate, discriminatory practices on the basis of religion act as a barrier to several groups accessing birth registration. Statelessness and climate change With the highest elevation point of the Maldives being 2.4 metres above sea level, the impacts of climate-induced sea-level rise and in turn the potential risks of statelessness caused by ‘disappearing states’ has been discussed in detail.2232 Given the Maldives comprises lowlying islands, the risk of displacement as a result of climate change and rising sea levels is high.2233 In order to engage in solutions to this complex reality, the Maldives could consider ratifying the Stateless Conventions.2234 Population Reported stateless persons The Maldives has not reported on its stateless population to UNHCR in 2022 or preceding years.2221 There is a lack of comprehensive and STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) REPORT 2024 201