CMNT_TITLE

Abolition of Forced Labour Convention, 1957 (No. 105) - Maldives (RATIFICATION: 2013)

Other comments on C105

Direct Request

2023
2020
2018
2017

DISPLAYINFrench - SpanishAlle anzeigen

Previous comment

Compulsory prison labour. The Committee observes from the provisions of the Prisons and Parole Act No.14 of 2013 that prison labour is mandatory for persons sentenced to imprisonment. It notes in particular that in accordance with sections 49(e) and 59(b)(4), a programme shall be formulated for every prisoner, which specifies the work that shall be performed by the person during the period of imprisonment. As per section 106(d) of the Act, prisoners shall be engaged in work under the prison officer’s supervision.

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. (i) Anti-Terrorism Act No. 32 of 2015. The Committee notes that Chapter 2 of the Anti-Terrorism Act No. 32 of 2015 provides for the penalty of imprisonment for the terrorism-related offences, including encouragement to carry out an act of terrorism and dissemination and publication of documents of a terrorist organization. The Committee notes that in its 2023 report, the United Nations Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism noted that the provisions of the Anti-Terrorism Act No. 32 of 2015 include excessively broad language and can unnecessarily and disproportionately limit the exercise of freedom of expression, including the work of journalists and human rights defenders (A/HRC/52/39/Add.1,).

The Committee recalls that, under Article 1(a) of the Convention, no penalty involving compulsory labour may be imposed on persons for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee points out in this respect that while the protection provided by the Convention does not extend to persons who use violence, incite to violence or engage in preparatory acts aimed at violence, penal sanctions involving compulsory labour fall within the scope of the Convention if they enforce a prohibition of the peaceful expression of views or of opposition to the established political, social or economic system (see the Committee’s 2012 General Survey on the fundamental Conventions, paragraphs 302–303). The Committee requests the Government to provide information on the scope of the definition of terrorism as well information on the application in practice of Chapter 2 of the Terrorism Act No. 32 of 2015, specifying the number of prosecutions, convictions and penalties imposed for committing the terrorism-related offences.

(ii) Freedom of Peaceful Assembly Act No. 1 of 2013. The Committee notes from the website of the President’s Office that the 2016 amendment to the Freedom of Peaceful Assembly Act No. 1 of 2013 requires the prior written permission from the Maldives Police Service (MPS) for gatherings around Malé, except for the areas determined by the Ministry of Home Affairs. In addition, section 24(b)(7) of the Act No. 1 of 2013 allows assemblies in tourist resorts, commercial harbours and airports only with the prior MPS’s approval. The Committee requests the Government to provide information on procedure for obtaining the MPS’s approval, the grounds for refusal and penalties which may be imposed for organising or participating in gatherings without such approval.

(iii) Disorderly conduct. Penal CodeNo. 6 of 2014. The Committee notes that according to section 615(a)(2)(3)(6), in conjunction with section 92(h), of the Penal Code, a person who harasses, annoys, or alarms another person in public by making an unreasonable noise; using abusive or obscene language; or creating a hazardous, physically offensive, or seriously alarming situation by an act that serves no legitimate purpose, is punishable by up to three months imprisonment (class 3 misdemeanour). The Committee requests the Government to provide information on the application of section 615(a)(2)(3)(6), of the Penal Code in practice, indicating the facts pursuant to which the court decisions were handed down and the penalties imposed, in order to enable the Committee to ascertain the scope of this provision and its compatibility with the Convention.

Article 1(c). (i) Disciplinary measures applicable to seafarers. The Committee takes note of the Government’s indication that in accordance with the provisions of the Vessel Safety Regulation No. 229 of 2015, the captain of the vessel may be sanctioned with a fine in case the vessel’s safety certificate is expired.

(ii) Penal sanctions applicable to public officials. The Committee notes that according to section 512, in conjunction with section 92(f), of the Penal Code, a public official who fails to perform a mandatory duty as required by law or performs an act that is not legally authorized is punishable by up to one year imprisonment of (class 1 misdemeanour). Recalling that, under Article 1(c) of the Convention, sanctions involving compulsory labour should not be applied as a means of labour discipline, the Committee requests the Government to provide information on the application of section 512 of the Penal Code in practice, indicating the facts pursuant to which the court decisions were handed down and the penalties imposed, in order to enable the Committee to ascertain the scope of this provision and its compatibility with the Convention.