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Minimum Age Convention, 1973 (No. 138) - Maldives (RATIFICATION: 2013)

Other comments on C138

Observation

2023

Direct Request

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Article 2(3) of the Convention. Age of completion of compulsory education. Regarding the Committee’s request that the Government take the necessary measures to ensure compulsory education up to 16 years, in line with the minimum age for admission to employment or work in the country, the Committee notes with satisfaction that, in accordance with section 14 of the new Education Act, 2020, every child between 4 and 16 years of age living in the Maldives is required to complete compulsory education. In addition, section 21(b) of the Child Rights Protection Act 19/2019 provides that parents and the State must ensure the provision of compulsory primary and secondary education to all children.

Article 3(2). Determination of types of hazardous work. The Committee notes with satisfaction the adoption of the detailed list of hazardous types of work that children under 18 are not allowed to participate in under any circumstances, adopted through the General Regulation on Child Rights Protection (R70-2020) of 2020 (section 10). These include, for example, any work that may have a negative impact or pose a threat to their health, physical, mental or spiritual development; construction work; work involving hazardous chemicals and explosives; work in garages, carpentries and warehouses; mechanized fishing activities; selling products that contain tobacco; work at an operating port; and certain jobs in the tourism sector.

Article 6. Vocational training and apprenticeship. Following its previous comments, the Committee notes that section 26(b) the Child Rights Protection Act 19/2019, like section 6 of the Employment Act, provides that children under 16 years of age may be employed in connection with training associated with their education or development. The Committee notes that no minimum age is specified in this regard. The Committee recalls that, under Article 6, while the Convention does not apply to work done by children or young persons in schools for general, vocational or technical education or in other training institutions, it applies to work done by children under the age of 14 years in undertakings in the context of an apprenticeship. The Committee requests the Government to take the necessary measures to ensure that the minimum age for entering into an apprenticeship is not below 14 years. It requests the Government to provide information in this regard.

Article 9. Penalties and labour inspection. Following its previous comments, the Committee notes the Government’s information that the Labour Relations Authority (LRA) identified 26 cases of child labour in 2019, 35 cases in 2020, 25 cases in 2021 and 39 cases in 2022. The Government indicates that all cases had “parental consent”, except for one case identified in 2021. Employers who are found to be in violation are advised to comply within a specified time frame. If the employer fails to comply by the deadline, the LRA will take administrative action against the employer. A referral letter is also sent to the Ministry of Gender, Family, and Social Services (MGFSS) if any child under the age of 18 is working in violation of the Employment Act and the General Regulation on Child Rights Protection (2020/R-70). The Committee notes the Government’s indication that only one case identified without parental consent in 2021 was referred to the MGFSS. The employer in question was asked to comply with the Employment Act. As the employer complied within the time frame specified, no further administrative action was taken.

While taking note of this information, the Committee stresses: (1) that violations of the Employment Act regarding the minimum age for admission to work and employment should not be contingent upon the consent of the parent; and (2) that Article 9(1) of the Convention requires Member States to take all necessary measures, including the provision of appropriate penalties, to ensure the effective enforcement of its provisions. The Committee also recalls that even the best legislation only takes value when it is applied effectively (General Survey on the fundamental Conventions, 2012, para. 410). The Committee therefore requests the Government to take the necessary measures to ensure that persons found to be in breach of the provisions giving effect to the Convention are prosecuted and that adequate penalties are imposed, regardless of parental consent. It requests the Government to provide information on the progress made in this regard, as well as to continue to provide information on the application in practice of section 12 of the Employment Act, including the number and nature of violations identified and the penalties imposed.

The Committee is also raising other matters in a request addressed directly to the Government.