Govt: Provisions in Samoa agreement which contradicts religion non-binding

The government, on Tuesday, states that the provisions that contradict the Islamic religion in the “Partnership Agreement between the European Union and its Member States, of the one part, and the Members of the Organization of African, Caribbean and Pacific States, of the other part”, otherwise known as the Samoa Agreement, which Maldives signed yesterday, will be non-binding on the nation.

Following the execution of the agreement on Tuesday, some political figures, underscoring provisions that contradict the Islamic religion in the agreement, claimed the Maldives will be bound by these provision and therefore, forced to abide by it.

The President’s Office’s Chief Spokesperson Heena Waleed refuted these claims via a post on X, citing Maldives signed the agreement after submitting reservations and declarations to provisions that contradict the Islamic religion and the Maldivian constitution.

She detailed that reservations and declarations were submitted to a total of 12 provisions.

Heena noted that previous agreements and conventions signed by the Maldives were also executed after submitting reservations and declarations.

“I provide the full assurance that the current administration will not allow any act that contradicts the Maldivian constitution and the Islamic religion,” she added.

The provisions which Maldives submitted reservations and declarations in the Samoa Agreement are as follows; 

Article 9

“Freedom of Thought, Religion and Belief”: Provision states signatories must agree not to discriminate on the basis of religion or belief in the exercise of rights to protect and ensure their full and equal enjoyment of all fundamental rights, including "freedom of thought, religion and belief"

Articles 1, 3, 4, 79

Maldivian government does not believe the signatories are not required to have a “common position” on issues by disregarding national interests and constitutional requirements

Article 19

“Responsibility to Protect”: Maldivian government believes there is no point of such a provision in an international agreement

Article 71

Although Maldives has not signed the UN Convention Against Transnational Organized Crime and Protocol Against Smuggling of Migrants by Land, Sea and Air, the Maldivian government will undertake efforts to strengthen its legal and institutional frameworks to prevent “smuggling” of foreigners.

Article 76

Although Maldivian government is not a party to the Convention Relating to the Status of Refugees and Refugee Protocol, the government will require significant financial and technical expertise to enforce provisions of this article 

Article 97

Consistent with the general principles of international law, and in particular the Vienna Conventions on the Law of Treaties of 1969 and 1986, the Maldivian government believes he provisions of this Article shall not apply "retrospectively" to a nation before they sign the agreement

Article 101

Maldivian government believes that “appropriate measures” stated in this article should be based on natural justice and henceforth, the party being penalized should be informed of such ahead of time

Annex Two’s Article 1

If an office of European investment bank is planned to be established and operated in the Maldives, it can only be done in accordance with the privileges granted by the Maldivian government and in conformity with the extent allowed by Maldivian laws and regulations. It was assured that such an institution would operate on the same level as other similar institutions

Annex Two’s Article 4

Maldivian government will implement the ruling of international courts outside of the jurisdiction of Maldives in accordance with the Civil Procedure Act (13/2021)

The Samoa Agreement is the overarching framework for EU relations with African, Caribbean and Pacific countries and focuses on six key priority areas to tackle the main challenges over the next two decades. They include human rights, democracy, and governance; peace and security; human and social development; inclusive, sustainable economic growth and development; environmental sustainability and climate change; and migration and mobility.

Parliament greenlighted signing the agreement by the unanimous vote of 82 MPs in attendance during a vote taken on Sunday.

Maldives, by signing the agreement, would be able to access the opportunities provided by the European Union across different sectors more easily.

The President’s Office states these opportunities would also lead to better prices for Maldivian fisheries products when exported internationally.