Law

1. Citizenship Law

a. Jus sanguinis Provisions

Citizenship legislation of the Maldives operates through jus sanguinis provisions that provide automatic citizenship to a child born to a citizen of the Maldives regardless of their place of birth. Maldives citizenship laws, however, contain religious discriminatory provisions, as the Constitution of the Republic of Maldives states in Article (9)(d) that “a non-Muslim may not become a citizen of the Maldives”. Despite the apparent gender neutrality of the Constitution and the Maldivian Citizenship Act, in 2021 the CEDAW raised their concern that the law “established different conditions for women and men as regards the transmission of nationality depending, notably, on religion and marital status”. There is no definition of statelessness included in the Maldives citizenship legislation.

b. Naturalized Citizenship

A person may apply for Maldivian citizenship if they are Muslim and have resided in the Maldives for at least 12 years continuously among other requirements. There is no simplified or expedited process available for stateless persons or refugees.

c. Dual Citizenship

Dual citizenship is permitted in the Maldives. There are no additional conditions imposed for Maldivian citizens to acquire dual citizenship.

2. Treaty Ratification Status

The Maldives is a party to ICCPR, ICESCR, ICERD, CRC, and CEDAW, but is yet to ratify the 1954 Convention relating to the Status of Stateless Persons, the 1961 Convention on

The Maldives is a party to ICCPR, ICESCR, ICERD, CRC, and CEDAW, but is yet to ratify the 1954 Convention relating to the Status of Stateless Persons, the 1961 Convention on 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. The country also made a reservation on Article 14 of CRC, which ensures the same rights to children.

In 2016, the CRC Committee noted concerns over the provision in the Constitution which excludes non-Muslims from obtaining Maldivian citizenship. 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”. The Committee further recommended that the country amend its citizenship legislation to “eliminate any discrimination against girls, children born out of wedlock or following out-of-court marriages, and lesbian, gay, bisexual, transgender or intersex children”. 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.

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. 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. In 2015, the Committee also 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”. 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. On CEDAW, the Maldives notably made a reservation on Article 16, which ensures gender equality in marriage and family relations. Under Article 9 of CEDAW, which the Maldives is bound to, protects gender equality in nationality laws.

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 non-Muslim 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.

Status of Accession of International Human Rights Treaties in South Asia

Country	Stateless 1	Stateless 2	Refugee	ICCPR	ICESCR	ICERD	CRC	CEDAW
Maldives

Signifies that the country is a party to the convention

Stateless 1 – 1954 Convention relating to the Status of Stateless Persons

Signifies that the country is not a party to the convention

Stateless 2 – 1961 Convention on the Reduction of Statelessness

Population

1. Reported Stateless Persons

The Maldives has not reported on its stateless population to UNHCR in 2022 or preceding years. There is a lack of comprehensive and reliable information on the stateless population in the Maldives. The CEDAW has expressed concern regarding the lack of available information regarding statelessness among women and girls within the Maldives.

Causes of Statelessness

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.

Maldives

Overview

Law