Convention on the Elimination of All Forms of Discrimination
against Women

The Maldives in Breach of International Law

The Convention on the Elimination of All Forms of Discrimination against Women was adopted and opened for signature, ratification and accession by United Nations General Assembly resolution 34/180 of 18 December 1979 Among other things, the Convention recalls that discrimination against women violates the principles of equality of rights and respect for human dignity, is an obstacle to the participation of women, on equal terms with men, in the political, social, economic and cultural life of their countries, hampers the growth of the prosperity of society and the family and makes more difficult the full development of the potentialities of women in the service of their countries and of humanity. The Maldives ratified the Convention on 1 July 1993, with two reservations. In its reservations the Maldives referred to an article of a Constitution that was not yet in force or enacted at that time . This Constitution came into force on 1 January 1998. As the 1993 reservations were made by reference to a Constitution that was not legally in force at that time, the reservations made to the United Nations Commission on Human Rights are misleading and hence the reservations are deemed to be null and void. Having acceded to an international convention in 1993 and subsequently enacting a domestic law (viz.: the Constitution) that contradicted that Convention, the Maldives is in clear breach of its obligations under international law, article 19 of the Vienna Convention on the Law of Treaties and the United Nations Charter.

The Maldives government applied to modify these on 29 January 1999 as follows:

"The Government of the Republic of Maldives will comply with the provisions of the Convention, except those which the Government may consider contradictory to the principles of the Islamic Sharia upon which the laws and traditions of the Maldives is founded.

Furthermore, the Republic of Maldives does not see itself bound by any provisions of the Convention which obliges to change its Constitution and laws in any manner."

Maldive women filling more familiar roles in today's society in which they are no longer entitled to rule

Article 34 of the Constitution of the Republic of the Maldives adopted in 1998, sets out the requirements to qualify for nomination as President of the Republic. Among other things, the Article requires the President of the Republic to be a Muslim male of the Sunni school of thought, whose parents and grand parents are/ were Maldivian citizens and who is not married to a foreign national. Difficulties in establishing parentage may preclude children born out of wedlock and children of children born out of wedlock from standing for president of the republic The first written constitution of the Maldives in 1932 allowed the head of state to be a woman, so long as she was a Muslim. There were no references to the nationality of any ancestor or spouse. Many of the new restrictions were ad hoc and were aimed at eliminating certain identifiable individuals from election to the presidency of the republic. By ratifying the Convention, the Maldives has an international duty to follow and promote all principles and obligations agreed to under the Convention. Accordingly, the 1998 Constitution should have been harmonised with the Convention ratified by the Maldives in 1993. This means Article 34 of the Constitution should be subject to Article 7 of the Convention.

The Secretary-General received objections from various States on the dates indicated:

Germany (16 August 1999):

The modification does not constitute a withdrawal or a partial withdrawal of the original reservations to the Convention by the Republic of the Maldives. Instead the modification constitutes a new reservation to articles 7a (right of women to vote in all elections and public referenda and be eligible for elections to all publicly elected bodies), and 16 (elimination of discrimination against women in all matters relating to marriage and family relations) of the Convention extending and reinforcing the original reservations.

The Government of the Federal Republic of Germany notes that reservations to treaties can only be made by a State when signing, ratifying, accepting, approving or acceding to a treaty (article 19 of the Vienna Convention on the Law of Treaties). After a State has bound itself to a treaty under international law it can no longer submit new reservations or extend or add to old reservations. It is only possible to totally or partially withdraw original reservations, something unfortunately not done by the Government of the Republic of the Maldives with its modification.

The Government of the Federal Republic of Germany objects to the modification of the reservations".

Finland (17 August 1999):

"The Government of Finland objected in 1994 to the reservations made by the Government of Maldives upon accession to the Convention on the Elimination of All Forms of Discrimination against Women. The Government of Finland has now examined the contents of the modified reservation made by the Government of the Republic of Maldives to the said Convention.

The Government of Finland welcomes with satisfaction that the Government of the Republic of Maldives has specified the reservations made at the time of its accession to the Convention. However, the reservations to Article 7 (a) and Article 16 still include elements which are objectionable. The Government of Finland therefore wishes to declare that it assumes that the Government of the Republic of Maldives will ensure the implementation of the rights recognised in the Convention and will do its utmost to bring its national legislation into compliance with obligations under the Convention with a view to withdrawing the reservation. This declaration does not preclude the entry into force of the Convention between the Maldives and Finland".

Are our women really free?, Women in the History of Maldives by Dr Abdullah Waheed in 'The Monday Times' from Maldives.

Office of the High Commissioner for Human Rights