1. 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. As noted above, CEDAW has noted the unequal treatment of women in conferral of nationality.
2. Lack of Legal Safeguards Against Childhood Statelessness
Maldivian citizenship law does not provide access to citizenship for foundlings or children born to stateless parents.
3. Administrative Barriers
As of 2017, the Maldives has reported a 99% birth registration rate. 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. 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. Children born to one foreign parent have also experienced refusal of birth registration. 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. 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.
4. Statelessness and Climate Change
With the highest elevation point of the Maldives being 2.4 meters 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. Given the Maldives comprises low-lying islands, the risk of displacement as a result of climate change and rising sea levels is high. In order to engage in solutions to this complex reality, the Maldives could consider ratifying the Stateless Conventions.
