Located in the Indian Ocean, Maldives consists of numerous islands. Nearest neighbors of Maldives at sea are India and Sri Lanka. The population of this country is approx 5,15,000 with 300 square kilometers area. The official language is Divehi. Almost everyone knows English. Almost all are Sunni Muslims and Maldivian.
It is constitutionally declared that The fundamental responsibility of Maldives is to protect and to preserve the natural environment, biodiversity, resources and beauty of the Maldives for the benefit of present and future generations. Everyone has the freedom to acquire and impart knowledge, information and education. Everyone accused of a crime has the right to an interpreter by the state - if he or she or zee speaks a language other than the language in which the court is conducting, or if he or she or zee is speech impaired or hearing impaired. Those arrested or detained without lawful authority have the right to compensation.
These are positive aspects. Now let's discuss the negative aspects.
The state religion of Maldives is Islam. Presidents, ministers, judges must all be Muslims, and even they need to take an oath in the name of Allah. This is the strange thing, 100% of the citizens of Maldives are Muslims. So naturally, even if there is no religious obligation, only Muslims would be elected to the post. But the main target of such a stipulation from the middle is the vote bank.
Civil rights are guaranteed according to Islam. Freedom of speech is recognized according to Islam. Everyone's right to education is guaranteed according to Islam. According to Islam, everyone has responsibilities and duties.
Admirable Articles of Maldives's Constitution
20. Equality
Every individual is equal before and under the law, and has the right to the equal protection and equal benefit of the law.
22. Protection of the environment
The State has a fundamental duty to protect and preserve the natural environment, biodiversity, resources and beauty of the country for the benefit of present and future generations. The State shall undertake and promote desirable economic and social goals through ecologically balanced sustainable development and shall take measures necessary to foster conservation, prevent pollution, the extinction of any species and ecological degradation from any such goals.
25. No slavery or forced labour
● No one shall be held in slavery or servitude, or be required to perform forced labour.
● Compulsory military service, service required in cases of emergency or calamity threatening the life or well-being of the community, or service required pursuant to a court order shall not be deemed to be contrary to article (a).
28. Freedom of the media
Everyone has the right to freedom of the press, and other means of communication, including the right to espouse, disseminate and publish news, information, views and ideas. No person shall be compelled to disclose the source of any information that is espoused, disseminated or published by that person.
29. Freedom of acquiring and imparting knowledge
Everyone has the freedom to acquire and impart knowledge, information and learning.
37. Right to work
● Every citizen has the right to engage in any employment or occupation.
● Everyone is entitled to just and safe conditions of work, fair wages, equal remuneration for work of equal value, and equal opportunity for promotion.
● Everyone has the right to rest and leisure, including limits on hours of work and periodic holidays with pay.
● Everyone has the right to spend time at rest and leisure. In order to provide this right to each employed person, the maximum number of working hours have to be determined as well as the length of paid holidays.
51. Rights of the accused
Everyone charged with an offence has the right:
● to be informed without delay of the specific offence in a language understood by the accused;
● to be tried within a reasonable time;
● not to be compelled to testify;
● to an interpreter to be provided by the State where he does not speak the language in which the proceedings are conducted, or is deaf or mute;
● to have adequate time and facilities for the preparation of his defence and to communicate with and instruct legal counsel of his own choosing;
● to be tried in person, and to defend himself through legal counsel of his own choosing;
● to examine the witnesses against him and to obtain the attendance and examination of witnesses;
● to be presumed innocent until proven guilty beyond a reasonable doubt.
58. Compensation
Everyone who has been arrested or detained without legal authority or justification has the right to be compensated.
182. Responsibilities and powers
● The Civil Service Commission's responsibilities and powers include the following:
● to recruit, appoint, promote, transfer and dismiss the members of the Civil Service, as defined by law;
● to establish uniform standards of organization and administration within the Civil Service;
● to formulate measures to ensure effective and efficient performance within the Civil Service;
● to establish personnel procedures relating to recruitment, appointments, transfers, promotions and dismissals;
● to report to the Executive and to the People's Majlis on its activities and the performance of its functions, including personnel policies, findings, directions and advice it may give, and an evaluation of the extent to which the values and principles set out in article (b) are complied with;
● to exercise or perform such additional powers and responsibilities prescribed bylaw.
● In carrying out its powers and functions, the Civil Service Commission shall be governed by democratic values and principles, including the following:
● a high standard of professional ethics shall be promoted and maintained;
● efficient, economic and effective use of resources shall be promoted;
● services shall be provided impartially, fairly, equitably and without prejudice;
● the needs of the public shall be responded to, and the public shall be encouraged to participate in policy-making;
● the accountability of the Civil Service to all branches of the State and to the public;
● transparency shall be fostered by providing the public with timely, accessible and accurate information;
● good human-resource management and career-development practices to maximise human potential shall be cultivated;
● employment and personnel management practices shall be based on ability, analysis of determined principles and fairness;
● no member of the Civil Service may be favoured or prejudiced only because of support for or opposition to a particular political party or cause;
● no member of the Civil Service shall use his position or any information entrusted to him to improperly benefit himself or any other person.
Facts of Maldives's Constitution
2. Republic of the Maldives
The Maldives is a sovereign, independent, democratic Republic based on the principles of Islam, and is a unitary State, to be known as the Republic of the Maldives. Any reference to "the Maldives" is a reference to the Republic of the Maldives.
10. State Religion
● The religion of the State of the Maldives is Islam. Islam shall be the one of the basis of all the laws of the Maldives
● No law contrary to any tenet of Islam shall be enacted in the Maldives
16. Guarantee of Rights (Part of it)
● This Constitution guarantees to all persons, in a manner that is not contrary to any tenet of Islam, the rights and freedoms contained within this Chapter, subject only to such reasonable limits prescribed by a law enacted by the People's Majlis in a manner that is not contrary to this Constitution. Any such law enacted by the People's Majlis can limit the rights and freedoms to any extent only if demonstrably justified in a free and democratic society.
● The limitation of a right or freedom specified in this Chapter by a law enacted by the People's Majlis as provided for in this Constitution, and in order to protect and maintain the tenets of Islam, shall not be contrary to article (a).
19. Freedom from restraint
A citizen is free to engage in any conduct or activity that is not expressly prohibited by Islamic Shari'ah or by law. No control or restraint may be exercised against any person unless it is expressly authorised bylaw.
27. Freedom of expression
Everyone has the right to freedom of thought and the freedom to communicate opinions and expression in a manner that is not contrary to any tenet of Islam.
36. Right to education
● Everyone has the right to education without discrimination of any kind.
● Primary and secondary education shall be freely provided by the State. It is imperative on parents and the State to provide children with primary and secondary education. Opportunity for higher education shall be generally accessible to all citizens.
● Education shall strive to inculcate obedience to Islam, instil love for Islam, foster respect for human rights, and promote understanding, tolerance and friendship among all people.
67. Responsibilities and duties (Part of it)
The exercise and enjoyment of fundamental rights and freedoms is inseparable from the performance of responsibilities and duties, and it is the responsibility of every citizen:
● to preserve and protect the State religion of Islam, culture, language and heritage of the country;
Every person in the Maldives must also respect these duties.
70. Legislative authority (Part of it)
● The legislative authority of the Maldives shall be vested in the People's Majlis.
● The People's Majlis shall not pass any law that contravenes any tenet of Islam.
73. Qualifications of members (Part of it)
● A person elected to be a member of the People's Majlis shall be so qualified if he:
● is a citizen of the Maldives;
● is not a citizen of a foreign country;
● is a Muslim and a follower of a Sunni school of Islam;
● has attained the age of eighteen years; and
● is of sound mind.
100. Removal of President or Vice President (Part of it)
● The People's Majlis, by a resolution, may remove the President or the Vice President from office only on the grounds of:
● direct violation of a tenet of Islam, the Constitution or law;
● serious misconduct unsuited to the office of the President or Vice President; or
● inability to perform the responsibilities of office of President or Vice President.
109. Qualifications for election as President
A person elected as President shall have the following qualifications:
● be a Maldivian citizen born to parents who are Maldivian citizens, and who is not also a citizen of a foreign country;
● be a Muslim and a follower of a Sunni school of Islam;
● be at least thirty-five years of age;
● be of sound mind;
● not have an undischarged decreed debt;
● not have been convicted of a criminal offence and sentenced to a term of more than twelve months, unless a period of three years has elapsed since his release, or pardon for the offence for which he was sentenced; and
● despite the provisions of article (f), not have been convicted of an offence for which a hadd is prescribed in Islam or of fraud, deception or criminal breach of trust.
130. Qualifications of Ministers (Part of it)
● A person shall be qualified to be a member of the Cabinet if he:
● is a citizen of the Maldives;
● is not a citizen of a foreign country;
● is a Muslim and a follower of a Sunni school of Islam;
● has attained the age of twenty-five years;
● is of sound mind.
142. Compliance with law
The Judges are independent, and subject only to the Constitution and the law. When deciding matters on which the Constitution or the law is silent, Judges must consider Islamic Shari'ah. In the performance of their judicial functions, Judges must apply the Constitution and the law impartially and without fear, favour or prejudice.
149. Qualifications of Judges
● A person appointed as a Judge in accordance with law, must possess the educational qualifications, experience and recognized competence necessary to discharge the duties and responsibilities of a Judge, and must be of high moral character.
● In addition to the qualifications specified in article (a), a Judge shall possess the following qualifications:-
● be a Muslim and a follower of a Sunni school of Islam;
● be twenty-five years of age;
● has not been convicted of an offence for which a hadd is prescribed in Islam, criminal breach of trust, or bribery;
● be of sound mind.
243. Military Service
● The primary object of the Military Service is to defend and protect the Republic, its territorial integrity, its Exclusive Economic Zone and the people.
SCHEDULE 1. OATHS OF OFFICE
1. OATH OF OFFICE OF PRESIDENT
I, ...(name of person)..., do swear in the name of Almighty Allah that I will respect the religion of Islam, that I will uphold the Constitution of the Republic of Maldives and the fundamental rights of the Maldivian citizens, that I will bear true faith and allegiance to the Republic of Maldives, and will discharge the duties and responsibilities of the office of President honestly and faithfully in accordance with the Constitution and laws of the Republic of Maldives.
2. OATH OF OFFICE OF VICE PRESIDENT
I, ...(name of person)..., do swear in the name of Almighty Allah that I will respect the religion of Islam, that I will uphold the Constitution of the Republic of Maldives and the fundamental rights of the Maldivian citizens, that I will bear true faith and allegiance to the Republic of Maldives, and will discharge the duties and responsibilities of the office of Vice President honestly and faithfully in accordance with the Constitution and laws of the Republic of Maldives.
3. OATH OF OFFICE OF MEMBERS OF THE CABINET
I, ...(name of person)..., do swear in the name of Almighty Allah that I will respect the religion of Islam, that I will uphold the Constitution of the Republic of Maldives and the fundamental rights of the Maldivian citizens, that I will bear true faith and allegiance to the Republic of Maldives, and will discharge the duties and responsibilities entrusted to me by the President and my duties and responsibilities as Cabinet Minister/Attorney General honestly and faithfully in accordance with the Constitution and laws of the Republic of Maldives.
4. OATH OF OFFICE OF MEMBERS OF THE PEOPLE'S MAJLIS
I, ...(name of person)..., do swear in the name of Almighty Allah that I will respect the religion of Islam, that I will uphold the Constitution of the Republic of Maldives and the fundamental rights of the Maldivian citizens, that I will bear true faith and allegiance to the Republic of Maldives, and will discharge my duties and responsibilities as a member of the People's Majlis honestly and faithfully in accordance with the Constitution and the laws of the Republic of Maldives.
5. OATH OF OFFICE OF CHIEF JUSTICE AND JUDGES
I, ...(name of person)..., do swear in the name of Almighty Allah that I will respect the religion of Islam, that I will uphold the Constitution and the laws of the Republic of Maldives, that I will uphold the fundamental rights of the Maldivian citizens and will discharge the duties and responsibilities of Chief Justice/Judge honestly and faithfully in accordance with the Constitution and laws of the Republic of Maldives.
6. OATH OF OFFICE OF MEMBERS OF INDEPENDENT COMMISSIONS AND INDEPENDENT OFFICES
I, ...(name of person)..., do swear in the name of Almighty Allah
that I will respect the religion of Islam, that I will uphold the
Constitution of the Republic of Maldives, that I will bear true faith
and allegiance to the Maldives, that I will uphold the fundamental
rights of the Maldivian citizens and will discharge the duties and
responsibilities of Auditor General/Prosecutor General/membership of the
Elections Commission/membership of the Judicial Service
Commission/membership of the Human Rights Commission/membership of the
Civil Service Commission/membership of the Anti-Corruption Commission
honestly and faithfully in accordance with the Constitution and laws of
the Republic of Maldives.
