Texts of pending comments

The Committee notes the observations of the Maldivian Trade Union Congress (MTUC), received on 26 September 2021, denouncing the absence of a legal framework to enforce the rights guaranteed by the Convention, resulting in the impossibility to freely join trade unions and exercise union activities. The MTUC also alleges threats and interference in union affairs by State authorities. The Committee requests the Government to provide its comments on the MTUC observations.

Legislative framework. In its previous comment, the Committee requested the Government to take the necessary measures to achieve the adoption of the draft Industrial Relations Act and ensure its full conformity with the Convention. The Committee notes the Government’s indication that the adoption of the Industrial Relations Bill has been included in the Government’s Strategic Action Plan 2019-2023 as a priority, that it continues to be reviewed for alignment with international obligations and that it is expected to be sent to the Parliament for final decision and adoption in the near future. The Government states that the Bill provides for registration of workers’ and employers’ organizations, effective mechanisms for resolving industrial disputes and the establishment of a Tripartite Labour Dialogue Forum to foster co-operation on labour issues. The Government further informs that the Associations Bill, which was drafted through a consultative process with the relevant stakeholders and which seeks to align the protection of the right to freedom of association with the principles of the Convention (right to participate in associations, registration, dissolution, etc.) was submitted to the Parliament in October 2019. The Committee notes however the concerns raised by the MTUC in relation to the legislative reform that: (i) despite ILO technical assistance since 2013, the Industrial Relations Bill has not yet been adopted and workers’ associations were not consulted in its elaboration; and (ii) the Associations Bill does not cover trade union formation and trade union rights should be protected in the Industrial Relations Bill. The Committee further notes that the Committee on Freedom of Association (CFA), when examining Case No. 3076 concerning the Maldives: (i) observed with deep concern allegations that the Government’s systematic failure to ensure effective protection of trade union rights both in law and in practice led to a denial of the right to freedom of association to workers in the country, including denial of freedom of assembly, enforced by the police; and (ii) requested the Government to take the necessary legislative and enforcement measures, in consultation with the social partners concerned, to address those allegations and to ensure that protection for trade union rights, in particular the right to freedom of assembly, is fully guaranteed both in law and in practice and referred the legislative aspects of the case to this Committee (see Case No. 3076, 391st Report, October 2019, paragraphs 410 and 412(h); 395th Report, June 2021, paragraphs 282 and 283). In view of the above and recalling that the Industrial Relations Bill and the Associations Bill have been pending adoption for several years, the Committee expects that they will be adopted without delay, following meaningful consultation with workers’ and employers’ organizations, and will address all of the Committee’s observations below so as to ensure their full conformity with the Convention and contribute to the promotion of freedom of association in the country. The Committee invites the Government to continue to avail itself of the technical assistance of the Office, should it so desire, and requests it to provide a copy of the amended laws once adopted.

Pending the adoption of the above Bills and emphasizing the desirability of establishing a comprehensive legislative framework regulating collective labour relations, the Committee has been examining the legislation currently in force, taking into account the legislative proposals indicated by the Government.

Associations Act, 2003

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish organizations. The Committee previously requested the Government to take the necessary measures to amend section 6(b) of the Associations Act, so as to allow minors who have reached the minimum legal age for admission to employment (16 years) to be able to exercise their trade union rights. The Committee notes the Government’s indication that deliberations are ongoing at the Committee stage of the Parliament to allow minors who have attained the legal age of employment under the Child Rights Protection Act, 2019 to be able to exercise trade union rights under the new Associations Bill. The Committee expects the proposed legislative amendments to ensure that minors who have attained the legal age of employment will be able to exercise their trade union rights.

Right to establish organizations without previous authorization. In its previous comment, the Committee requested the Government to take the necessary measures to amend section 9(a) of the Associations Act to limit the discretionary power of the Registrar to refuse the establishment of an organization. The Committee notes the Government’s statement that section 34(a) of the new Associations Bill obliges the Registrar to accept any names that do not fall within the situations listed in the section and that administrative decisions are subject to judicial review. Observing that the Government does not provide any details as to the permitted grounds for rejecting a proposed name under section 34(a) of the Associations Bill, the Committee expects these to be sufficiently restrictive so as to limit the Registrar’s discretionary power, ensuring that registration is a mere formality and does not amount to a previous authorization contrary to Article 2 of the Convention.

The Committee further requested the Government to take the necessary measures to amend section 37(b) of the Associations Act to ensure that the exercise of legitimate trade union activities is not dependent upon registration and is not subject to penalties. The Committee welcomes the Government’s indication that section 37(b) will be repealed in the new Bill, which does not prohibit the operation of unregistered associations.

The Committee also requested the Government to provide statistics on the number of workers’ and employers’ organizations registered, the sectors and the number of workers covered. The Committee notes that the Government provides a list of registered associations in the social, recreational and sports domains, without however specifying whether some of them are associations of workers and employers, and further indicates that an NGO portal is being developed to enhance data collection and extraction. The Committee observes that the MTUC contends that the Government does not have a mechanism to collect data on workers’ organizations and that the NGO portal will not solve this issue. The Committee encourages the Government to take the necessary measures to enable collection of data on the number of workers’ and employers’ organizations registered in the country, the sectors in which they are active and the number of workers covered, and requests it to provide statistics in this regard.

Right of workers and employers to establish organizations of their own choosing. In its previous comment, the Committee requested the Government to provide information on whether workers and employers, engaged in more than one occupation or sector, could join more than one organization. The Committee welcomes the Government’s clarification that they can and that there are no legislatives bars to such activities.

Article 3. Freedom to elect representatives. The Committee previously requested the Government to take the necessary measures to amend section 24 of the Associations Act so as to ensure that minors who are eligible for employment are also eligible for trade union office. The Committee notes the Government’s indication that deliberations are ongoing to allow minors eligible for employment to exercise trade union rights under the new Associations Bill. The Committee expects the proposed legislative amendments to ensure that minors who have attained the legal age of employment will be able to exercise their trade union rights, including the right to be eligible for trade union office.

The Committee further notes that the Government informs that under the new Associations Bill, a person cannot become a member of the executive committee of an association if they are already an executive committee member of another association. Recalling that such restrictions can unduly infringe the right of organizations to elect representatives in full freedom by preventing qualified persons from holding trade union office if they are already engaged in a similar position in another association, the Committee requests the Government to take the necessary measures to review the relevant provisions of the Associations Bill so as to allow persons to hold trade union office in more than one association, subject only to the statutes of the organizations concerned.

Right to organize administration and activities and to formulate programmes. In its previous comment, having noted that the Associations Act contained a number of provisions which regulate in detail the internal functioning of associations (sections 5(f), 10, 11, 14(b), 18, 23 and 31), the Committee requested the Government to take the necessary measures to amend these provisions. The Committee welcomes the Government’s indication on the proposed amendments to sections 10 and 11 (changes to the association’s name), 18 (changes to an association’s governing regulations) and 31 (voluntary winding-up of associations), which remove detailed regulation and limit the discretionary powers of the Registrar in relation to some aspects of the internal functioning of associations. Observing, however, the Government’s statement that sections 5(f) (stipulating that any money or property of the association after its dissolution will be given away to another non-profit association or to a government-approved charity) and 23 (providing detailed instructions on how to address debts of an association) have not been substantively changed, the Committee reiterates its request in this regard.

The Committee further requested the Government to indicate the necessary prerequisites for a workers’ or employers’ association to be able to receive foreign assistance in line with section 22 of the Associations Act. The Committee notes the Government’s clarification that it is section 34 of the Associations Regulation, 2015 that stipulates the prerequisites to receive foreign assistance by associations (approval from the Registrar before seeking and accepting assistance from foreign parties and submission of documents with details on the party seeking foreign assistance, the party providing assistance, as well as on the amount and purpose for which it is being sought). The Government adds that these prerequisites are being amended through the new Associations Bill but does not specify in what manner. Recalling that provisions requiring approval by the authorities of financial assistance from abroad can result in control over the financial management of organizations and restrictions on their right to organize their administration and activities, which control and restrictions are incompatible with Article 3 of the Convention, the Committee expects the Government to ensure that the amendments proposed by the Associations Bill will be fully in line with the Convention.

Article 4. Administrative and judicial dissolution. In its previous comment, having observed that under sections 32(a) and 33 of the Associations Act, an association could be dissolved by the Registrar or the courts for overly broad reasons, the Committee requested the Government to take the necessary measures to amend these provisions. The Committee notes the Government’s indication that under Chapter 10 of the Associations Bill the Registrar will be required to follow the procedure stipulated in the relevant sections and will have to apply to court to obtain an order to dissolve an association, but observes that the Government does not provide any details on the actual procedure or on the grounds on which such a dissolution may be requested. Recalling once again that dissolution of a workers’ or employers’ organization is an extreme measure with serious consequences upon the right to organize which should only be used in limited circumstances, the Committee requests the Government to ensure that the proposed amendments will only allow dissolution of an association following a judicial decision on the basis of precise and predetermined criteria.

Article 5. The right to form federations and confederations. The Committee previously requested the Government to take the necessary measures, including through the adoption of specific legislative provisions, to ensure that workers’ and employers’ organizations can form federations and confederations, and affiliate with international organizations. The Committee notes that according to the Government, while there are no specific legislative provisions governing the issue, there are no legal barriers to forming federations or confederations or to affiliate with international organizations. Observing, however, the MTUC concerns that neither the Government nor the judicial system recognize federations and confederations of unions or international affiliation and further observing the Government’s indication that the issue could be considered for inclusion in the draft Industrial Relations Bill, the Committee requests the Government to include in the ongoing reform process the consideration and adoption of any necessary legislative provisions and other measures to ensure that workers’ and employers’ organizations can, both in law and in practice, form federations and confederations, and affiliate with international organizations.

Associations Regulation, 2015

The Committee notes that the Government provides a copy of the Associations Regulation, which currently implements the Associations Act, and observes that it contains a number of provisions which are not in line with the Convention and need amending: sections 4(a) (obligatory registration), 4(c) and 24(ii) (founding members and members of the executive committee must be 18 years old); 4(d) (prohibition to have any criminal record for the person registering the association); 13(a) (detailed regulation of the name of the association); 15(d) (penalty for use of a seal, flag, colour or motto without registration); 17(b)(vi) (detailed regulation of the financial assets); 19(a) (restrictions as to the objectives of the association); 23(a) (only nationals can be elected as President, Secretary and Treasurer); 24(i) (members of the executive committee must be members of the association); 30(a) (detailed regulation of annual reports and accounts); 36(a) (audit by government-accredited audit firm for certain associations); 38 (police inspection with court order if activities undermine societal harmony); 40(ii), 42 and 43 (dissolution of an association by the Registrar or the courts for overly broad reasons); 41 (requirement of a special resolution for voluntary dissolution); 44(a)(iii) and 45(a) (detailed regulation on the use of assets after dissolution), as well as sections 12(a)-(b), 14(a), 16(b), 20, 26(c), 29, 34(a), 35(b), 37(a) and 39(a) providing for excessive discretionary power of the Registrar in relation to associations’ establishment, administration, activities and suspension. In line with the Committee’s requests and expectations above, and considering that the Associations Act is being amended, the Committee fully expects the Government to ensure that, in the framework of the current legislative reform, the Associations Regulation will also be amended to ensure its full conformity with the Convention.

Freedom of Peaceful Public Assembly Act, 2013, and Regulation governing dispute resolution between the employer and the employee, 2011

In its previous comment, the Committee requested the Government to repeal section 24(b)(7) of the Freedom of Peaceful Public Assembly Act and amend sections 5, 7, 8 and 11 of the Regulation on dispute resolution, so as to remove undue restrictions on the right to strike and ensure that all workers covered by the Convention, including those in island resorts, can in practice exercise their right to strike. The Committee notes that, according to the Government, restrictions to assemble in tourist resorts, imposed by section 24(b)(7) are in place considering the “one island one resort” situation and the strategic importance of the tourism industry to the Maldives. The Government asserts that the provision does not completely prohibit the right to assemble in island resorts, as it allows for the right to be exercised with permission from the police. The Committee observes in this regard the concerns raised by the MTUC that since workers in tourist resorts live in remote islands, the restriction to assemble imposed by section 24(b)(7) completely denies any form of assembly or gathering without approval of the resort’s owners and that the police have never allowed workers to perform any such activities. In view of the above and observing that the Government does not provide any information on the measures taken to address the restrictions placed on strikes by sections 5, 7, 8 and 11 of the Regulation on dispute resolution, the Committee recalls once again that these restrictions on the right to assemble and strike, together with the limitation in section 24(b)(7) of the Freedom of Peaceful Assembly Act, are so broad that they could seriously impede the right of workers’ organizations to organize their activities, including through strike action, especially considering that any stoppage of work could be considered to harm the employer or the workplace or obstruct customer services, in particular in tourist resorts. As to the geographical particularities of island resorts, the Committee also recalls that in situations in which a substantial restriction or prohibition of strike action would not appear to be justified but where, without calling into question the right to strike of the large majority of workers, there is a need to ensure that users’ basic needs are met or that facilities operate safely or without interruption, such as in public services of fundamental importance, consideration might be given to introducing negotiated minimum service (defined through participation of workers’ organizations concerned along with the employer). The Committee therefore requests the Government once again to take the necessary measures to repeal section 24(b)(7) of the Freedom of Peaceful Public Assembly Act and amend sections 5, 7, 8 and 11 of the Regulation on dispute resolution, so as to remove undue restrictions on the right of workers’ organizations to organize their activities and ensure that all workers covered by the Convention not performing essential services in the strict sense of the term, including those in island resorts, can in practice exercise their right to strike.

Finally, having observed that section 6 of the Regulation on dispute resolution did not set any time limit for the exhaustion of the obligatory grievance redress mechanism at the employer level before a strike could take place, the Committee requested the Government to provide information on the application in practice of section 6 of the Regulation. The Committee notes that the Government informs that the Industrial Relations Bill intends to amend the procedures stipulated in the Regulation without however indicating what concrete amendments will be made to section 6 of the Regulation. Recalling once again that obligatory grievance redress mechanisms at the employer level should not be so complex, or without time limits, or so slow in implementation, that a lawful strike becomes impossible in practice or loses its effectiveness, the Committee expects that the grievance redress mechanism, as amended by the Industrial Relations Bill, will be in full conformity with the above.

The Committee notes the observations of the Maldivian Trade Union Congress (MTUC), received on 26 September 2021, denouncing the absence of a legal framework for industrial relations and collective bargaining and alleging that the Government’s 2017 report has not yet been shared with workers’ organizations. The Committee requests the Government to provide its comments on the MTUC observations and requests it once again to share its reports on the Convention with the representative organizations of workers and employers for their observations.

Legislative framework. The draft Industrial Relations Act. In its previous comment, the Committee requested the Government to take the necessary measures to achieve the adoption of the draft Industrial Relations Act, developed to create an integrated and comprehensive legislation dealing with all aspects of collective labour relations. The Committee also notes in this respect that the Committee on Freedom of Association (CFA), when examining Case No. 3076 concerning the Maldives: (i) observed with deep concern allegations that the Government’s systematic failure to ensure effective protection of trade union rights both in law and in practice led to a denial of the right to freedom of association to workers in the country; (ii) requested the Government to take the necessary legislative and enforcement measures, in consultation with the social partners concerned, to address those allegations and to ensure that protection for trade union rights, in particular protection against anti-union discrimination, is fully guaranteed both in law and in practice; and (iii) referred the legislative aspects of the case to this Committee (see Case No. 3076, 391st Report of the Committee on Freedom of Association, October 2019, paragraphs 410 and 412(h) and 395th Report of the CFA, June 2021, paragraphs 282 and 283).

The Committee notes the Government’s indication that the adoption of the Industrial Relations Bill has been included in the Government’s Strategic Action Plan 2019-2023 as a priority, that it continues to be reviewed for alignment with Government policies and international obligations and that it is expected to be sent to the Parliament for final decision and adoption in the near future. The Government states that the Bill provides for a system to facilitate collective bargaining, effective mechanisms for resolving industrial disputes and the establishment of a Tripartite Labour Dialogue Forum to foster co-operation on labour issues. The Committee also notes the concerns raised by the MTUC that, despite ILO technical assistance since 2013, the Bill has not yet been adopted, that workers’ associations were not consulted in its elaboration and that the Governments lacks commitment in this regard, resulting in a lack of protection of the right to collective bargaining. Recalling that the Industrial Relations Bill has been pending adoption for several years and regretting the absence of tangible progress in this regard, the Committee expects that it will be adopted without delay following meaningful consultations with workers’ and employers’ organizations and will address all of the Committee’s observations below so as to ensure its full conformity with the Convention. The Committee invites the Government to continue to avail itself of the technical assistance of the Office, should it so desire, and requests it to provide a copy of the law once adopted.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. Persons protected. Having previously noted that section 34(a) of the Employment Act, 2008 exempted several categories of persons (persons working in emergency situations, crew of sea going vessels or aircraft, imams and other employees at mosques, persons on on-call duty during the hours of duty and persons in senior management posts) from the provisions of Chapter 4 (prohibition of anti-union dismissal, access to court, measures of redress) and that section 34(b) provided for the possibility to enact regulations to further exempt employees in certain situations from the provisions of Chapter 4, the Committee requested the Government to take the necessary measures to ensure that all workers covered by the Convention can benefit from the rights enshrined in it and are adequately protected against acts of anti-union discrimination. The Committee notes the Government’s indication that following the September 2020 amendment to the Employment Act, section 34 exempts the mentioned categories of workers only from sections 32 (working hours), 37 (overtime) and 38 (working on public holidays). The Committee notes with interest that the referred categories would thus be eligible for the rights and protections under the remaining provisions of Chapter 4 of the Employment Act.

Acts covered. In its previous comment, the Committee requested the Government to take the necessary measures to amend section 4(a) of the Employment Act so as to include trade union membership and legitimate trade union activities as one of the grounds of prohibited discrimination at all stages of employment. The Committee notes the Government’s statement that while trade union affiliation and participation in legitimate trade union activities are not included as one of the grounds of prohibited discrimination at all stages of employment in section 4(a) of the Employment Act, it is covered in the draft Industrial Relations Bill. The Committee observes however that the Government does not provide details as to the protection against anti-union discrimination foreseen in the Industrial Relations Bill and also notes the concerns raised by the MTUC that the 2020 amendments to the Employment Act do not prevent anti-union dismissals but rather make it easier for employers to declare redundancies following a change in management or financial downturn, which can be used to dismiss targeted persons, including trade union leadership. The Committee expects the Government to take the necessary measures to ensure that, in the framework of the current reform of labour laws, trade union affiliation and participation in legitimate trade union activities will be included as one of the grounds of prohibited discrimination at all stages of employment in the relevant legislation, so as to provide effective protection against acts of anti-union discrimination, in line with the Convention. The Committee requests the Government to indicate the exact provisions of amended legislation that provide such protection.

Rapid appeal procedures. The Committee previously requested the Government to take the necessary measures to ensure that all workers who allege anti-union dismissal, including those on probation or in retirement age (section 28(b) of the Employment Act), have access to rapid appeal procedures. It also requested the Government to take the necessary measures to delete the exemption in section 27 of the Employment Act to ensure that the rules on the reversal of the burden of proof are applicable to all proceedings related to anti-union dismissal. The Committee notes with interest the Government’s indication that section 27 of the Employment Act was amended whereby the exemption mentioned in the section has been removed. Observing, however, that no new measures have been adopted to amend section 28(b) of the Employment Act, the Committee once again requests the Government to take the necessary measures to ensure that all workers who allege anti-union dismissal, including those on probation or in retirement age, have access, both in law and in practice, to rapid appeal procedures.

Sufficiently dissuasive sanctions. The Committee previously requested the Government to provide information on the application of sections 5(c) and 29 of the Employment Act (remedies for dismissals without reasonable cause) by the tribunals when dealing with anti-union dismissals. The Committee notes that the Government informs that there have been no anti-union dismissal cases to report but that in cases of dismissals without reasonable cause, the Employment Tribunal, the High Court and the Supreme Court ordered a number of different remedies, including reinstatement to the original position, back wages and compensation. The Committee requests the Government to continue to provide information on the application in practice of sections 5(c) and 29 of the Employment Act in case of anti-union dismissals, specifying the remedies ordered, as well as the type and the amount of sanctions imposable on an employer for acts of anti-union discrimination.

Protection against acts of anti-union discrimination in practice. The Committee notes that the MTUC denounces discriminatory practices in the country, submitting in particular that peaceful union meetings are reprimanded by disciplinary actions, lack of promotion, negative appraisals and redundancies. The Committee requests the Government to provide its comments thereon and trusts that the ongoing legislative reform will contribute to achieving adequate protection against acts of anti-union discrimination both in law and in practice, in full compliance with the Convention.

In its previous comment, the Committee requested the Government to provide statistics on the number of anti-union discrimination complaints filed before the courts, the average duration of the proceedings and their outcome. The Committee also requested the Government to indicate the measures taken or envisaged to facilitate access of workers to the Employment Tribunal from areas other than the capital Male, where the Tribunal is located. The Committee notes the Government’s statement that at the time of the report, no cases of anti-union discrimination have been filed before the courts and that the October 2021 Regulation on audio/video conference participation in the Employment Tribunal hearings establishes avenues for audio/video conference participation in hearings and submission of cases for those located outside the capital. The MTUC alleges however that workers’ associations cannot represent their members in tribunals and that it takes years for tribunals to reach decisions in employment cases. The Committee requests the Government to continue to collect and provide statistics on the number of anti-union discrimination complaints filed before the courts, the average duration of the proceedings and their outcome, as well as on the use of the audio/video conference participation in court proceedings relating to anti-union discrimination complaints.

Article 2. Adequate protection against acts of interference. The Committee previously requested the Government to take the necessary measures, including legislative, to ensure that acts of interference of workers’ and employers’ organizations in each other’s affairs are explicitly prohibited and are accompanied by access to rapid and effective appeal procedures and sufficiently dissuasive sanctions. The Committee notes the information provided by the Government that no explicit prohibitions in this regard are provided in the current draft Industrial Relations Bill but that it could be included in the Bill upon receipt of the necessary policy decisions. Given the Government’s openness to including provisions on protection against acts of interference of workers’ and employers’ organizations in each other’s affairs in the Industrial Relations Bill, the Committee requests the Government to take the necessary measures to this effect, in consultation with the social partners.

Articles 4 and 6. Promotion of voluntary negotiations and collective bargaining in the private and public sectors. The Committee previously requested the Government to take the necessary measures, including legislative, if necessary, to ensure that all workers, with the only possible exception of the police, the armed forces and public servants engaged in the administration of the State can, in law and in practice, negotiate collectively through their trade unions and conclude collective bargaining agreements regulating terms and conditions of their employment. It also requested the Government to provide statistics on the number of collective agreements concluded and the sectors and number of workers covered. The Committee welcomes the Government’s indication that the right to collective bargaining and its governance are extensively covered in the Industrial Relations Bill and that, while awaiting its enactment, the right to collective bargaining can be carried out in practice as there are no legislative prohibitions to this effect. The Committee notes, however, the Government’s indication that at the time of reporting, the Labour Relations Authority has not reported the existence of any collective bargaining agreements and observes that the MTUC denounces the absence of social dialogue and collective bargaining, depriving workers of means of defending their interests and challenging the numerous redundancies that occurred during the COVID-19 pandemic, especially in the tourism sector. Observing that the Government does not provide any details as to the regulation of collective bargaining in the Industrial Relations Bill, the Committee expects the Bill to ensure that all workers, with the only possible exception of the police, the armed forces and public servants engaged in the administration of the State will be able, in law and in practice, to negotiate collectively through their trade unions and conclude collective bargaining agreements regulating terms and conditions of their employment. Noting with regret that the Labour Relations Authority is not aware of the existence of any collective agreement in force in the country and in light of the concerns expressed by the MTUC, the Committee requests the Government to take proactive measures to promote the full development and utilization of collective bargaining both in the private and public sectors. In this respect, the Committee requests the Government to collect and provide information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements.

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006) submitted after an initial examination by the Committee on the basis of information publicly available, in the framework of the “urgent appeal” procedure. The Committee recalls that the Maldives has not submitted a declaration of acceptance of the amendments to the Code of the Convention approved in 2014 by the International Labour Conference and is therefore not bound by these amendments. Recalling its 2016 general observation, the Committee encourages the Government to accept the 2014 amendments. It also notes that the amendments to the Code approved in 2018 entered into force for the Maldives on 26 December 2020. Following a second review of the information and documents available, the Committee draws the Government’s attention to the following issues.

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers' Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 4 October 2021, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue, and requests the government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Article I of the Convention. General questions on application. Implementing measures. In its previous comments, the Committee requested the Government to adopt without delay the necessary measures to give effect to the provisions of the Convention. The Committee notes the Government’s information that Marine Circular Number INT-2013/003 dated 20 August 2013 (hereinafter, Marine Circular INT-2013/003) seeks to implement the MLC, 2006 in the Maldives. The Committee notes that, while the Circular covers some of the matters enshrined in the MLC, 2006, it has been adopted before the ratification of the Convention for the purpose of the voluntary inspection and certification of the Maldivian-flagged ships for compliance with the MLC, 2006. The Committee recalls that under Article I of the Convention, each Member which ratifies the Convention undertakes to give complete effect to its provisions in the manner set out in Article VI in order to secure the right of all seafarers to decent employment. The Committee requests the Government to clarify the legal value of Marine Circular INT-2013/003 and to revise its text in view of the ratification and entry into force of the MLC, 2006 for the Maldives. The Committee further requests the Government to adopt the necessary measures to give effect to the provisions of the Convention, taking into account the following comments.

Article II, paragraph 1(f) and 2. Definitions and scope of application. Seafarers. In its previous comments, the Committee requested the Government to provide information on the definition of “seafarer” under the legislation implementing the Convention, specifying whether cases of doubt have arisen on whether any categories of persons are to be regarded as seafarers. The Committee notes the Government’s indication that no cases of doubt have been reported yet as well as its reference to Marine Circular INT-2013/003. It further notes that the definition of seafarer in Annex 1 to the Circular includes, in line with the Convention, any person who is employed or engaged or works in any capacity on board a ship to which the MLC, 2006 applies. Referring to its comments under Article I, the Committee requests the Government to adopt the relevant legislation to fully implement Article II of the Convention. The Committee further requests the Government to confirm if cadets and apprentices are considered seafarers for the purpose of the Convention.

Article V. Implementation and enforcement. The Committee requests the Government to provide information on provisions of legislation or other measures, which prohibit the violation of the requirements of the Convention and establish sanctions or require the adoption of corrective measures to discourage such violations (Article V, paragraph 6).

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. The Committee previously noted that, under section 6 of the Employment Act, “minors under the age of sixteen years shall not be employed except in connection with training associated with their education or deportment”. Noting that this provision allows for exceptions to the minimum age, the Committee requested the Government to adopt the necessary measures to ensure that no person below 16 years is employed or engaged or work on a ship, as required by the Convention. The Committee notes the Government’s information that although there are no specific minimum age requirements for seafarers to work on a ship, the Maldivian Constitution and the Employment Act prohibit the employment of any person under 18 years. While noting this information, the Committee observes that under section 11(a) of Chapter 3 of the Employment Act, in accordance with section 6, a minor (i.e. a person under 18 years) shall only be employed on a vessel upon submission of a medical certificate of fitness for such employment which is issued by a medical practitioner licensed by the Government. The Committee accordingly requests the Government to adopt the necessary measures to ensure that no person under 16 years may be employed or engaged or work on a ship, as required by Standard A1.1, paragraph 1.

Regulation 1.1 and Standard A1.1, paragraph 2. Minimum age. Night work. The Committee previously noted that under section 9(b) of the Employment Act, a minor shall not be required to work after 11 p.m. It requested the Government to indicate how “night” is defined pursuant to Standard A1.1, paragraph 2 of the Convention. The Committee notes the Government’s information that there is no national provision implementing Standard A1.1, paragraph 2. The Committee recalls that under this provision, “night” shall be defined in accordance with national law and practice and shall cover a period of at least nine hours starting no later than midnight and ending no earlier than 5 a.m. The Committee requests the Government to take the necessary measures to ensure conformity with Standard A1.1, paragraph 2.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee previously noted that: a) under section 7(a) of the Employment Act, no minors, i.e. persons under 18 years of age, shall be employed in any work or employment that may have a detrimental effect on their health, education, safety or conduct; and b) specific types of hazardous work have not been identified under the Minimum Age Convention, 1973 (No. 138). The Committee requested the Government to take the necessary measures to ensure compliance with Standard A1.1, paragraph 4 of the Convention. The Committee notes the Government’s statement that, as the employment of all persons under 18 years of age is prohibited under the Maldivian Constitution and the Employment Act, the need for a provision may not be imminent. The Committee notes however that sections 6 and 7(a) of the Employment Act allow minors to work from the age of 16 and prohibit their employment in hazardous work. Referring also to its comments under Convention No. 138 and the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee requests the Government to take the necessary measures to determine the types of hazardous work prohibited to seafarers under 18 years of age in conformity with Standard A1.1, paragraph 4, after consultation with the shipowners' and seafarers' organizations concerned.

Regulation 1.2 and the Code. Medical certificate. In its previous comments, the Committee requested the Government to provide information on the implementation of Regulation 1.2 and Standard A1.2. The Committee notes the Government’s information that under section 27 of the Regulation on recruiting seamen, when registering an employment contract of a seamen at the Ministry of Transport, the employer shall submit a medical certificate indicating that the employee is medically fit to be a seamen. The Committee also notes that sections 11(a) and (b) of the Employment Act provide that a minor shall only be employed on a vessel upon submission of a medical certificate of fitness, which is issued by a medical practitioner licensed by the Government and shall be renewed at least on an annual basis at the employer’s expense. The Committee notes the sample format of seafarers medical certificate (annex 5 to Marine Circular INT 2013/003). It also notes that the Government refers to Annex 7a of the Circular, which is a sample of declaration of maritime labour compliance (DMLC), Part I, for voluntary certification and does not include the national requirements embodying the relevant provisions of the Convention (see comments under Regulations 5.1.1-5.1.4 and the Code). Noting that the Regulation on recruiting seamen is not available at the Office, the Committee requests the Government to reproduce the provisions thereof (or a summary) that implement the detailed requirements of Standard A1.2, as well as any other texts of legislation giving effect to such requirements.

Regulation 1.3. Training and qualifications. In its previous comments, the Committee requested the Government to provide information on the implementation of Regulation 1.3. The Committee notes the Government's information that all Maldivian seafarers are trained and certified under the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW). The Committee requests the Government to reproduce the relevant national provisions giving effect to Regulation 1.3 or to provide a summary thereof. It also requests the Government to indicate how it is ensured that seafarers who are not covered by the STCW (e.g. hotel and catering staff) are qualified to carry out their duties on board.

Regulation 1.4 and the Code. Recruitment and placement. In its previous comments, the Committee noted the provisions on private employment agencies of the Employment Act (sections 65 et seq.) and requested the Government to provide information on the implementation of Standard A1.4. The Committee notes the Government's reference to the Regulation on recruiting seamen, according to which in order to register as a recruitment agency it is necessary to obtain a permit from the relevant authority or ministry. Noting that the Regulation on recruiting seamen is not available at the Office, the Committee requests the Government to indicate how the Regulation gives effect to the detailed requirements of Standard A1.4, reproducing the relevant provisions or a summary thereof.

Regulation 2.1 and Standard A2.1, paragraph 1(a) and (c). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. Signed original. In its previous comments, the Committee requested the Government to indicate how it gives full effect to Standard A2.1, paragraph 1(a) and (c) of the Convention. The Committee notes the Government’s indication that Marine Circular INT-2013/003 and the Regulation on recruiting seamen stipulate that an employment contract shall be in place between the employer (recruiting agency/shipowner) and the employee. The Committee notes that Annex 1 to Marine Circular INT-2013/003 provides that shipowners shall ensure that the crew agreement prescribed by the Transport Authority for Maldivian-flagged vessels is signed by both the seafarer and the shipowner or his representative prior to commencing work on board ship. The Committee recalls that Standard A2.1, paragraph 1(c) additionally requires that the shipowner and seafarer concerned shall each have a signed original of the seafarers’ employment agreement (SEA). In relation to Marine Circular INT-2013/003, the Committee refers to its comments under Article I. Noting that the Regulation on recruiting seamen is not available at the Office, the Committee requests the Government to indicate how the Regulation gives effect to Standard A2.1, paragraph 1(a), reproducing the relevant provisions or a summary thereof. It also requests the Government to indicate the legislation implementing Standard A2.1, paragraph 1(c) of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 1(b), (d), (e) and paragraphs 2–4. Seafarers’ employment agreement. Examination and advice before signing. Record of employment. Documents available in English. Content. In its previous comments, the Committee requested the Government to provide information on the legal provisions implementing Standard A2.1, paragraph 1(b), (d), (e) and paragraphs 2-4 of the Convention. Noting the Government's reference to Marine Circular INT-2013/003, the Committee refers to its comments under Article I and requests the Government to take the necessary measures to give full effect to Standard A2.1, paragraph 1(b), (d), (e) and paragraphs 2-4 of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 5. Seafarers’ employment agreement. Minimum notice period for termination. Noting that the provisions of the Employment Act regulating the period of notice (sections 22 et seq.) are not in full conformity with the Convention, the Committee requested the Government to indicate the measures taken to ensure full compliance with Standard A2.1, paragraph 5. The Committee notes the Government's reference to Marine Circular INT-2013/003 according to which the minimum notice period to be given for early termination of the SEA is a minimum of seven days. The Committee refers to its comments under Article I and requests the Government to take the necessary measures to give fully effect to Standard A2.1, paragraph 5.

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. The Committee previously requested the Government to provide information with regard to the application of Standard A2.1, paragraph 6. Noting the Government's reference to section 23 of the Employment Act, the Committee reiterates its comment that such section only provides for termination without notice in case of dismissal by the employer for reasonable grounds. The Committee requests the Government to ensure that in determining the circumstances justifying the termination of employment at shorter notice or without notice, the need of the seafarer to terminate employment without penalty for compassionate or other urgent reasons is taken into account, as provided by Standard A2.1, paragraph 6.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and Standard A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. In relation to the 2018 amendments to the Code of the Convention, the Committee recalls that a seafarers’ employment agreement must continue to have effect and wages and other entitlements must continue to be paid during the entire period of captivity of a seafarer as a result of acts of piracy or armed robbery against ships. In this regard, the Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; b) how are the terms piracy and armed robbery against ships defined under national legislation? (Standard A2.1, paragraph 7); and c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7). The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions.

Regulation 2.2 and Standard A2.2, paragraphs 3–5. Wages. Allotments. The Committee noted that section 50(b) of the Employment Act allows payments to be made to a person nominated by the employee. It requested the Government to indicate how it ensures full conformity with Standard A2.2, paragraphs 3-5 of the Convention. The Committee notes the Government's information that section 48(h) of Regulation on recruiting seamen stipulates that agencies shall maintain records of seafarers’ requests for wages to be transmitted to their families, dependents or legal beneficiaries and maintain documentation on the successful transmission. The Committee also notes the Government’s reference to the sample of DMLC, Part I, for voluntary certification annexed to Marine Circular INT-2013/003, which does not refer to national requirements embodying the relevant provisions of the Convention. The Committee recalls that Standard A2.2, paragraphs 3-5 provide for a number of requirements for wage remittances (e.g. allotments should be remitted in due time to the person nominated, any charge must be reasonable and the rate of currency exchange not unfavourable to the seafarer). The Committee requests the Government to provide information on the measures taken to give full effect to the requirements of Standard A2.2, paragraphs 3-5 of the Convention.

Regulation 2.3 and the Code. Hours of work and hours of rest. In its previous comments, noting that section 34(a) of the Employment Act excludes seafarers from its provisions on working time, the Committee requested the Government to provide information on the implementation of Regulation 2.3 and the Code. Noting the Government’s reference to Marine Circular INT-2013/003, the Committee refers to its comments under Article I and requests the Government to take the necessary measures to give full effect to Regulation 2.3 and Standard A2.3.

Regulation 2.4 and Standard A2.4, paragraph 2. Entitlement to leave. Minimum paid annual leave. Method of calculation. In its previous comments, the Committee, noting that section 39 of the Employment Act provides for thirty days of paid annual leave, requested the Government to specify the method of calculation of paid annual leave for periods shorter than one year or in the event of termination of the employment relationship. Noting the Government’s reference to Marine Circular INT-2013/003, the Committee refers to its comments under Article I and requests the Government to take the necessary measures to give full effect to Standard A2.4, paragraph 2.

Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. In its previous comments, the Committee requested the Government to provide detailed information on the implementation of Regulation 2.4, paragraph 2. Noting the Government’s reference to Marine Circular INT-2013/003, the Committee refers to its comments under Article I. Recalling that Standard A2.4 calls for the adoption of laws and regulations, the Committee requests the Government to take the necessary measures to give full effect to Regulation 2.4, paragraph 2.

Regulation 2.5 and the Code. Repatriation. In its previous comments, the Committee requested the Government to provide information on the implementation of Regulation 2.5 and the Code. Noting the Government’s reference to Marine Circular INT-2013/003, the Committee refers to its comments under Article I and requests the Government to take the necessary measures to give full effect to Regulation 2.5 and the Code.

Regulation 2.7 and the Code. Manning levels. In its previous comments, the Committee requested the Government to provide information on the implementation of Regulation 2.7 and the Code. The Committee notes that the Government refers to the sample of DMLC, Part I, for voluntary certification annexed to Marine Circular INT-2013/003, which does not include the national requirements embodying the relevant provisions of the Convention. The Committee requests the Government to provide information on the measures taken to give full effect to Regulation 2.7 and Standard A2.7.

Regulation 2.8 and the Code. Career and skill development and employment opportunities for seafarers. In its previous comments, the Committee requested the Government to provide information on the implementation of Regulation 2.8 and Standard A2.8. Noting the absence of information in this regard in the Government’s report, the Committee reiterates its previous request.

Regulation 3.1 and the Code. Accommodation and recreational facilities. In its previous comments, the Committee requested the Government to provide information on the implementation of Regulation 3.1 and Standard A3.1. The Committee notes the Government’s reference to Annex 3 of Marine Circular INT-2013/003, which deals with only part of the requirements of Standard A3.1. Recalling that Standard A3.1 requires the adoption of laws and regulations providing for minimum standards on accommodation and recreational facilities, the Committee refers to its comments under Article I and requests the Government to take the necessary measures to give full effect to Regulation 3.1 and Standard A3.1.

Regulation 3.2 and the Code. Food and catering. The Committee previously requested the Government to provide information on the implementation of Regulation 3.2 and the Code. The Committee notes the Government’s reference to Annex 4 of Marine Circular INT-2013/003, which deals with the matters provided by Standard A3.2. It observes, however, that the Circular does not provide for the requirement that food shall be of appropriate quality, nutritional value, quantity and variety and free of charge for seafarers, and that drinking water shall be suitable in respect of quantity (Regulation 3.2, paragraphs 1 and 2 and Standard A3.2, paragraph 2(a)). Recalling that Standard A3.2 calls for the adoption of laws, regulations or other measures to provide minimum standards for the quantity and quality of food and drinking water and for the catering standards applied to meals, the Committee refers to its comments under Article I and requests the Government to take the necessary measures to give full effect to Regulation 3.2 and Standard A3.2.

Regulation 4.1 and the Code. Medical care on board and ashore. In its previous comments, the Committee requested the Government to provide information on the implementation of Regulation 4.1 and the Code. The Committee notes the Government’s reference to Marine Circular INT-2013/003, which covers the matters enshrined in Regulation 4.1 and Standard A4.1 partly in Annex 5 and partly in Annex 7a, i.e. the sample of DMLC, Part I for voluntary certification that does not include the national requirements embodying the relevant provisions of the Convention. The Committee refers to its comments under Article I and requests the Government to take the necessary measures to give full effect to Regulation 4.1 and Standard A4.1.

Regulation 4.2 and the Code. Shipowners’ liability. In its previous comments, the Committee requested the Government to provide information on the implementation of Regulation 4.2 and the Code. The Committee notes the Government’s reference to Marine Circular INT-2013/003, which covers the matters provided for by Standard A4.2.1, paragraphs 1–7. It also notes that the Circular contains no provisions giving effect to Standard A4.2.1, paragraph 1(b) (system of financial security to ensure compensation in the event of death or long-term disability). The Committee refers to its comments under Article I and requests the Government to take the necessary measures to give full effect to Regulation 4.2 and Standard A4.2.1, paragraphs 1–7.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. In its previous comments, the Committee requested the Government to provide information on the implementation of Regulation 4.3 and the Code. The Committee notes the Government’s reference to the sample of DMLC, Part I, for voluntary certification annexed to Marine Circular INT-2013/003, which does not refer to national requirements embodying the relevant provisions of the Convention. The Committee recalls that Regulation 4.3, paragraph 3, calls for the adoption of laws, regulations and other measures addressing the matters specified in the Code, to be reviewed in consultation with the seafarers’ and shipowners’ organizations concerned. The Committee requests the Government to indicate the measures taken to give effect to Regulation 4.3 and Standard A4.3.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. In its previous comments, the Committee requested the Government to provide information on the implementation of Regulation 4.4 and Standard A4.4. It notes the Government’s information that currently, there are no shore-based welfare facilities in the Maldives. The Committee recalls that under Standard A4.4, paragraph 2, the development of welfare facilities should be promoted in appropriate ports determined after consultation with shipowners’ and seafarers’ organizations. The Committee requests the Government to provide information on the development of welfare facilities in accordance with Regulation 4.4 and Standard A4.4.

Regulations 5.1.1, 5.1.2, 5.1.3, 5.1.4 and the Code. Flag State responsibilities. In its previous comments, the Committee requested the Government to provide information on the application of Regulations 5.1.1, 5.1.2, 5.1.3, 5.1.4 and the Code. The Committee notes the Government’s reference to Annex 7 of the Marine Circular INT-2013/003 stating that ships may apply for voluntary inspections and issuance of statements of compliance. The Government further indicates that under Law No. 3/2016 (Transport Authority Act), the Transport Authority of the Maldives is legally authorized and mandated to issue certifications and conduct the relevant investigations. The Committee further notes that the sample of DMLC, Part I, annexed to Marine Circular INT-2013/003 is for voluntary certification and does not refer to the national requirements and the legal texts embodying the relevant provisions of the Convention, as required under Standard A5.1.3, paragraph 10(a). The Committee finally notes that the Government provides scarce information on the implementation of Regulation 5.1.4 and Standard A5.1.4, indicating that no legislation has been adopted on a number of issues, e.g. Regulation 5.1.4, paragraph 1 and Standard A5.14, paragraphs 4, 7(c), 12 and 16. Referring to its comments under Article I, the Committee recalls that, further to the entry into force of the MLC, 2006 for the Maldives, the Member is bound to effectively exercise its control over ships that fly its flag by establishing a system to ensure compliance with the requirements of the Convention, as well as to ensure that Maldivian-flagged ships carry on board a maritime labour certificate and a DMLC in conformity with Standard A5.1.3. The Committee requests the Government to provide information on the measures adopted to implement Regulations 5.1.1, 5.1.2, 5.1.3, 5.1.4 and the respective provisions of the Code.

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaints procedures. The Committee previously requested the Government to provide information on the implementation of Regulation 5.1.5 and the Code. The Committee notes that Annex 6 of Marine Circular INT-2013/003 provides for on-board complaint procedures and includes a model of the procedures. Recalling that Regulation 5.1.5 and Standard A5.1.5 call for the adoption of laws or regulations regarding on-board complaint procedures, the Committee refers to its comments under Article I and requests the Government to take the necessary measures to give full effect to Regulation 5.1.5 and Standard A5.1.5.

Regulation 5.1.6. Flag State responsibilities. Marine casualties. The Committee previously requested the Government to provide information on the implementation of Regulation 5.1.6. It notes the Government’s information that as per Law No. 3/2016, the Transport Authority is legally mandated to investigate marine accidents and take any necessary measures. The Committee requests the Government to clarify how Law No. 3/2016 gives effect to the provisions of Regulation 5.1.6, reproducing the relevant provisions or a summary thereof.

Regulation 5.2 and the Code. Port State responsibilities. In its previous comments, the Committee requested the Government to provide information on the implementation of Regulations 5.2.1 and 5.2.2 and the Code. The Committee notes the Government’s indication that it is part of the Indian Ocean Memorandum of Understanding (IOMOU) on Port State Control, as well as the information on the Port state control officers appointed. It also notes the Government’s information that there are no legislation or procedures in place implementing Regulation 5.2.2 and the Code. The Committee requests the Government to provide information on the measures adopted to give effect to Regulation 5.2.2 and Standard A5.2.2.

Documents requested. The Committee requests the Government to provide the following documents and information: an example in English of the approved document for seafarers’ record of employment (Standard A2.1, paragraphs 1 and 3); an example of the documentation accepted or issued with respect to the financial security that must be provided by shipowners (Regulation 2.5, paragraph 2); for each type of ship (passenger, cargo, etc.), a typical example in English of a safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1); an example of the documentation accepted or issued with respect to the financial security that must be provided by shipowners (Standard A4.2.1, paragraph 1(b); a copy of the relevant national guidelines on occupational safety and health on board (Regulation 4.3, paragraph 2); a copy of the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)); the following statistical information for the period covered by next report: i) number of ships flying your country’s flag that were inspected for compliance with the requirements of the Convention and number of inspectors carrying out those inspections; ii) number of full-term (up to five years) maritime labour certificates in force; and iii) number of interim certificates issued; a copy of the standard maritime labour certificate, including the DMLC, Part I , as well as an example/examples of the DMLC, Part II, which have been prepared by a shipowner and have been accepted by your country when certifying ships; a copy of the national interim maritime labour certificate (Standard A5.1.3); a copy of any national guidelines issued to inspectors in implementation of Standard A5.1.4, paragraph 7; a copy of the form used for an inspector’s report (Standard A5.1.4, paragraph 12); the following statistical information for the period covered by next report: i) number of foreign ships inspected in port; ii) number of more detailed inspections carried out according to Standard A5.2.1, paragraph 1; iii) number of cases where significant deficiencies were detected; and iv) number of detentions of foreign ships due, wholly or partly, to conditions on board ship that are clearly hazardous to the safety, health or security of seafarers, or constitute a serious or repeated breach of the requirements of the MLC, 2006 (including seafarers’ rights); and a copy of a document, if any, that describes the onshore complaint-handling procedures (Standard A5.2.2).

[The Government is asked to reply in full to the present comments in 2024.]

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 109th Session, June 2021)

The Committee recalls that in 2020, in the framework of the procedure of “urgent appeal”, it examined the implementation of the Convention by the Maldives on the basis of publicly available information given that the Government had failed to submit a first report for four consecutive years. The Committee welcomes the Government's first report which was submitted during the June 2021 session of the Conference Committee on the Application of Standards (hereinafter, the Conference Committee). The Committee notes the discussion, which took place during the same session of the Conference Committee concerning the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006) by the Maldives. It notes that the Conference Committee recalled the critical importance of effective national implementation of the Convention and the need for ratifying Member States to ensure they meet their regular reporting obligations. The Conference Committee urged the Government to take all necessary measures, in consultation with the social partners, to: (i) ensure full compliance of its law and practice with the MLC, 2006; (ii) provide full information regarding the application in law and in practice of the MLC, 2006; and (iii) fully comply with its reporting obligations. The Conference Committee requested the Government to avail itself of the ILO technical assistance to effectively implement these conclusions. The Committee notes that a representative of the Government participated in a course offered by the ILO Training Centre on reporting on International Labour Standards, which led to the finalization of the report on the MLC, 2006. It further notes that, after the International Labour Conference, a number of exchanges and a follow-up meeting took place between the Office and the Government and that discussions are taking place concerning the most appropriate way to provide technical assistance. The Committee hopes that the Government will avail itself of the Office’s technical assistance to address the numerous issues still pending towards a full implementation of the Convention.

Article I of the Convention. General questions on application. Implementing measures. In its previous comments, the Committee requested the Government to adopt without delay the necessary measures to give effect to the provisions of the Convention. The Committee notes the Government’s information that Marine Circular Number INT-2013/003 dated 20 August 2013 (hereinafter, Marine Circular INT-2013/003) seeks to implement the MLC, 2006 in the Maldives. The Committee notes that, while the Circular covers some of the matters enshrined in the MLC, 2006, it had been adopted before the ratification of the Convention for the purpose of the voluntary inspection and certification of the Maldivian-flagged ships for compliance with the MLC, 2006. The Committee recalls that under Article I of the Convention, each Member which ratifies the Convention undertakes to give complete effect to its provisions in the manner set out in Article VI in order to secure the right of all seafarers to decent employment. The Committee requests the Government to clarify the legal value of Marine Circular INT-2013/003 and to revise its text in view of the ratification and entry into force of the MLC, 2006 for the Maldives. The Committee further requests the Government to adopt the necessary measures to give effect to all the provisions of the Convention.

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

[The Government is asked to reply in full to the present comments in 2024.]

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee previously noted the Prevention of Human Trafficking Act (Act No. 12/2013), criminalizing trafficking in persons. It requested the Government to provide information on the measures taken to prevent, supress and punish trafficking in persons, and on the number of investigations, prosecutions, convictions and penalties imposed for trafficking in persons for the purposes of sexual and labour exploitation.

The Government indicates in its report that between April 2018 and January 2019, one case of trafficking for the purpose of sexual exploitation was investigated by the Maldives Police Service (MPS), which had been submitted by the Indonesian embassy after the victims’ return to Indonesia. It involved two Indonesian nationals who had been brought to work at a spa resort but were forced into prostitution by their employer. In addition, four potential victims from Bangladesh were identified, based on complaints of illegal recruitment by a Bangladeshi national. This case is currently under investigation. Furthermore, in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), the Government specifies that the MPS has a specialized trafficking unit, which was investigating 42 possible cases of trafficking in November 2019, and which investigated 12 cases of trafficking in 2018.

The Government further indicates in its report that there were no prosecutions for trafficking during the reporting period. It states that Maldives immigration officials and members of the MPS are trained to identify potential victims of trafficking. Labour Relations Authority (LRA) staff also received training on trafficking. In its report under Convention No. 182, the Government further refers to the Strategic Plan 2019–2024 of the MPS, the objective of which is the policing of trafficking-related issues, including through coordination, training and capacity-building for investigations into trafficking in persons, and the promotion of reporting mechanisms for victims of trafficking.

The Committee takes note of section 31 of the Sexual Offences Act (Act No. 17/2014), which criminalizes trafficking in persons for the purpose of prostitution, both domestically and internationally, and provides for a penalty of seven to ten years’ imprisonment.

The Government indicates that a trafficking case management portal has been developed to help identify victims of trafficking, to which the Labour Relations Authority and the MPS have access. A Standard Operating Procedure (SOP) on victim identification, protection and referral has also been developed. In addition, a national victim support hotline was established to report cases of trafficking; no calls were received in 2018 and 2019. Awareness-raising activities were conducted to sensitize stakeholders, including operators in the tourism sector, on trafficking. The Government states that it coordinates its work with regional platforms, in particular within the auspices of the Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime.

The Committee notes from the Government’s report to the United Nations Human Rights Council of February 2020 that Victim Identification Guidelines were adopted in 2016. The Government indicated in this report that the lack of technical expertise in investigation, prosecution and within the judiciary continued to impede successful prosecution, and that the absence of permanent shelter and support for victims was also an obstacle to effectively combating trafficking in persons (A/HRC/WG.6/36/MDV/1, paragraphs 175 and 178). The Committee notes that, according to the report of the Office of the United Nations High Commissioner for Human Rights of March 2020, the United Nations Refugee Agency indicated that the Maldives was a destination country for trafficking in persons for the purposes of sexual exploitation and forced labour (A/HRC/WG.6/36/MDV/2, paragraph 37). The Committee requests the Government to strengthen its efforts to improve the capacity of law enforcement agencies, in order to ensure that all persons who commit acts of trafficking are effectively investigated and prosecuted, and that sufficiently adequate penalties are imposed in practice. It requests the Government to continue providing information on the number of investigations, prosecutions, convictions and penalties applied in relation to trafficking in persons. The Committee also requests the Government to pursue its efforts to identify victims of trafficking, and to supply information on the measures put in place to provide appropriate victim protection and assistance.

2. Vulnerable situation of migrant workers with regard to the exaction of forced labour. The Committee notes that Chapter 6 (sections 65 and 66) of the Employment Act of 2008, as amended by the Fifth Amendment to the Employment Act, is entitled “foreigners in employment”. Section 65(c) states that the Minister responsible for employment shall formulate regulations with respect to the employment of foreigners in the Maldives and other relevant matters. Section 66 states that complaints may be lodged at the tribunal by or on behalf of a foreigner in employment alleging breaches of the provisions of his or her employment agreement.

The Committee further notes that section 68 of the Employment Act requires employment agencies to be registered at the Ministry. The Ministry may formulate regulations regarding the registration of an employment agency and the issuance, renewal, suspension and cancellation of an employment agency’s permit. Section 70 provides that the employment agency may charge a fee as agreed with the employer, but no fee shall be taken directly or indirectly from a prospective employee. Section 71 provides that any complaints in connection with an employment agency may be submitted to the Minister. The Minister may then suspend the permit issued to that agency for a duration deemed reasonable by the Minister, cancel it or impose a fine. A complaint relating to an employment agency may also be submitted to the tribunal.

In addition, the Committee notes that the Domestic Violence Act of 2012 recognizes that domestic workers are in a “domestic relationship” and can therefore benefit from protection under this Act (protection orders can be issued under section 18), when they are victims or potential victims of domestic violence, such as economic or financial abuse, or in situations where the victim is confined to a place or has his/her freedom of movement restricted against his/her will (sections 3(a)(5) and 4(a)). Section 67(m) provides that economic abuse includes the unreasonable deprivation of economic or financial resources to which a victim is entitled under the law.

The Committee notes the Government’s indication, in its report to the United Nations Committee on the Elimination of Discrimination against Women of October 2019, that the number of migrant workers in the country has nearly tripled in recent years. Migrant workers are subjected to exploitation and abuse, including confiscation of identification documents, non-payment of wages and inhumane treatment. Most migrants are unaware of the procedure to lodge a complaint, or are reluctant to do so because they fear deportation due to their undocumented status and because they have large debts incurred through informal migration channels. In addition, the Government stated that some migrant women domestic workers are prevented from leaving the employer’s home, and are sometimes trapped in situations of forced labour. The Government also indicated in this report that prior to deportation, migrant detention centres exist for men, while women are kept in prison. The Government has established a pre-departure screening system for Bangladeshi migrant workers in part to reduce fraudulent recruitment (CEDAW/C/MDV/6, paragraphs 56 and 86). The Government also indicated, in its report to the Human Rights Council of February 2020, that in February 2019, 24 recruitment companies were blacklisted in the Expat Online System and thus prevented from receiving administrative services by the Ministry of Economic Development (A/HRC/WG.6/36/MDV/1, paragraph 177).

The Committee also notes that, according to a press release from the President’s Office of the Maldives (available on its website), the Government has formulated a National Task-Force on issues related to migrant workers, in order to deliberate and oversee efforts to address the issue of trafficking and illegal employment of migrant workers.

The Committee notes the report of the Office of the United Nations High Commissioner for Human Rights of March 2020, according to which the United Nations Refugee Agency indicated that in January 2019, the Maldives had reported that 144,607 migrants had work visas, while more than 63,000 were estimated to be living as irregular migrant workers (A/HRC/WG.6/36/MDV/2, paragraph 60). The Committee takes note of the preliminary observations and recommendations of the United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment and punishment on his visit to the Maldives in November 2019, according to which migrant workers would be lured into paying or indebting themselves for large sums of money for a purportedly lucrative employment in the Maldives, only to be subsequently trafficked for exploitation against their will. Their employers would confiscate their passports, make them pay exorbitant recruitment fees, not paying them any wages for extended periods of time, and exposing them to living and working conditions that are cruel, inhumane or degrading. The Committee requests the Government to ensure the full and effective implementation of the relevant provisions of the Employment Act and Domestic Violence Act so that migrant workers are fully protected from abusive practices and conditions that might cause their employment to be transformed into situations that could amount to forced labour. It further requests the Government to indicate the number of complaints that have been lodged by or on behalf of migrant workers victims of abusive practices, as well as the number of investigations, prosecutions and penalties imposed in cases of abusive practices against migrant workers. It also requests the Government to provide information on the number of protection orders delivered to domestic workers under the Domestic Violence Act and the facts underlying the cases, and on the pre-departure services provided for migrant workers. Lastly, it requests the Government to supply a copy of the regulations governing employment agencies and foreign employment.

Article 2(1). 1. Freedom of civil servants to leave their service. The Committee previously requested the Government to supply copies of laws and regulations governing civil servants. The Government indicates that section 47(c)(5) of the Civil Service Act of 2007 provides that resignation terminates the employment of a civil servant. It also indicates that section 103 of the Civil Service Regulation of 2014 deals with the resignation of all civil service employees. Section 103(a) provides that employees without a service agreement (bond where the employee trained under an agreement agrees to serve the civil service or the office which funds the training or to which the training programme was allocated) may resign by submitting a written notice of at least one month and that employees who resign shall be terminated within a maximum of one month from the date of request. Chapter 25 of the Civil Service Regulation, which deals with the training and bonding of employees, sets out periods of service bonds for employees trained in the Maldives and sponsored by the office, ranging from one to seven years (sections 243 and 247). In addition, the Government indicates that civil servants under bond may resign upon reimbursement of the amount spent on the employee’s training, as agreed on an ad hoc basis. The Committee notes that section 248 of the Civil Service Regulation provides that an employee under bond can be released from a service bond if he/she agrees to reimburse the amount spent on his/her training. The Government specifies that in practice, it is more usual for a civil servant to be transferred with his/her bond to another public service position rather than applying for the release of the bond. When the latter occurs, it involves taking a job with an employer who may be willing to pay for the release of the bond. In addition, the Government states that the employment of civil servants employed temporarily under fixed-term contracts ends with the contract (Chapter 9 of the Civil Service Regulation).

2. Freedom of career members of the armed forces to leave the service. The Committee previously noted that, pursuant to section 29(a) of the Armed Forces Act No. 1/2008, members of career military personnel might apply for resignation to the competent Minister, indicating the reason for resignation. Section 46 provided that the Minister should formulate and implement regulations on employment of armed forces. The Committee requested the Government to provide information on the criteria applied in accepting or rejecting a resignation submitted by career military members and to indicate the provisions applied in this regard.

The Government indicates that confidential regulations of the Armed Forces Act apply to resignation. It states that, in practice, resignations are accepted. As for service bond under the Civil Service Regulation, service bonds given in the Armed Forces may be reimbursed if the employee seeks to leave employment before the bond expires. The Government indicates that there have been two cases in the last three years where military personnel have resigned and actually ceased their service before the repayment of their service bonds. The Defence Service has taken the cases to civil court to obtain reimbursement of training costs related to the service bond.

The Government indicates that, between 2017 and 2019, 175 resignation requests were granted, seven resignation requests with compensation for service bonds were granted, and 17 resignation requests were rejected for reasons including training bond, legal bond, lack of personnel and the importance of the services within the Maldives National Defence Force. Referring to its 2007 General Survey on the eradication of forced labour, the Committee recalls that, under the Convention, career members of the armed forces who have voluntarily engaged in the armed forces should not be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that members of the armed forced are entitled to leave the service in peacetime within a reasonable period. It also requests the Government to continue to provide information on the number of applications to resign submitted to the Minister, the number of refusals and the grounds for refusal. Lastly, it requests the Government to provide a copy of the regulations of the Armed Forces Act applying to resignation.

Article 2(2)(b). Civic obligations. The Committee previously noted the absence of exclusion from the definition of forced labour provided for in section 3(b) of the Employment Act, of any work or service which forms part of the national civic obligations of a person. It requested the Government to indicate the nature of the civic obligations and to provide copies of relevant legislative texts. The Government indicates that in the Maldives, there are no civic obligations imposed by law. In small island communities, it is common for islanders to take care of their environment and of each other when difficult situations arise, but no penalties are imposed in this regard.

Article 2(2)(c). Prison labour. The Committee previously noted that, by virtue of section 3(b) of the Employment Act, any work or service exacted as a consequence of a conviction in a court of law, under the control and supervision of the relevant State authority, is excluded from the definition of forced labour. Recalling that, to be compatible with the Convention, the person convicted should also not be hired or placed at the disposal of private individuals, companies or associations, the Committee requested the Government to provide information on the work of convicted persons, indicating whether they may perform labour for private individuals, companies or associations and, if so, under what conditions.

The Government indicates that convicted persons do not perform labour for private individuals, companies or associations, and work only in prisons. All work performed by convicted persons is carried out entirely under the supervision and control of the Government. The products of such work or proceeds from the products of such work go to State operations.

Article 2(2)(d). State of emergency. The Committee previously noted that, by virtue of section 3(b) of the Employment Act, any work or service exacted in cases of emergency is excluded from the definition of forced labour. It requested the Government to indicate the legislation regulating cases of emergency, and to supply information on the guarantees provided to ensure that the power to call up labour in such cases is limited to what is strictly required by the exigencies of the situation and cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist. The Government indicates that article 253 of the Constitution provides that the President can declare a state of emergency in limited circumstances and for a maximum period of 30 days. Article 255 provides for limitations on any declared state of emergency, including the prohibition of forced labour. According to article 258, issues relating to the validity of a declaration of a state of emergency may be brought before the Supreme Court.

The Committee notes the Government’s first report and asks it to provide further information on the following points.

Article 1(a) of the Convention. Definition of “remuneration”. In its report, the Government refers to section 4(a) of the Employment Act and section 20 of the Gender Equality Act in relation to the principle of equal remuneration for work of equal value. The Committee notes that the Employment Act refers to the determination of “remuneration” and provides a definition for the term “wage” as “cash or anything of value which is paid from employer to employee as a means of salary, additional benefits, allowances related to employment which shall be given as a financial gain” (Articles 4(a) and 97). The Committee wishes to draw the attention of the Government to the fact that the term “remuneration” needs to be defined with rigour if the Convention is to be applied fully. The Convention sets out a very broad definition of “remuneration” which captures all elements that a worker may receive for his or her work, not only payments in cash and in kind but also payments made directly and indirectly by the employer to the worker which arise out of the worker’s employment. Such a broad definition is necessary to capture all the additional components beyond the wage, which are often considerable and increasingly make up more of the overall earnings package (see General Survey of 2012 on the fundamental Conventions, paragraphs 686 and 687). The Committee also notes that the Gender Equality Act refers to “equal wages, overtime compensation, benefits and allowances” (Article 20(c)). The Committee therefore asks the Government to provide information on the meaning of the term “remuneration” used in Article 4(a) of the Employment Act dealing with “equal work” specifying the elements covered, and to provide examples of what is covered under “benefits and allowances” in Article 20(c) of the Gender Equality Act. The Committee also requests the Government to provide copies of any decisions by courts or tribunals, interpreting these provisions.

Article 2(2)(a). Equal remuneration for work of equal value. Legal framework. The Committee notes that the Government refers to: (1) the Constitution that recognizes that everyone is entitled to equal remuneration for work of equal value (Article 37); (2) the Employment Act that prohibits discrimination amongst persons carrying out equal work in the determination of remuneration (Article 4(a)); and (3) the Gender Equality Act, under which employers shall provide equal wages to men and women who perform the same responsibilities at the same place of employment (Section 20(b)) and men and women at the same place of employment with work adequately equal in value and weight shall be given equal wages, overtime compensation, benefits and allowance (Section 20(c)). The Committee notes that the Constitution refers to “work of equal value”, while the Employment Act provides for a more restrictive approach, as it refers to “persons carrying out equal work”, and the Gender Equality Act refers to “the same responsibilities” and “work adequately equal in value and weight”. The Committee recalls that “work of equal value” includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value (see General Survey of 2012, paragraph 673). The Committee also notes that the Gender Equality Act refers to equal remuneration between men and women “at the same place of employment”. In this regard, the Committee would like to bring to the attention of the Government that the Convention does not limit the application of the principle of equal remuneration for men and women for work of equal value to the same establishment or enterprise, as it allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers (see General Survey of 2012, paragraph 697). The Committee asks the Government to consider amending the Employment Act to ensure that equal remuneration is provided for men and women for work of equal value and the Gender Equality Act with a view to extending equal remuneration for work of equal value beyond the same place of employment. The Committee also requests clarification on the implementation of Sections 20(b) and 20(c) of the Gender Equality Act, in particular on the significance of the term “work adequately equal in value and weight”.

Article 2. Scope. Excluded categories of workers. The Committee notes that the Constitution and the Gender Equality Act have a broad scope of application while the Employment Act excludes from its application the police, the armed forces and those areas and persons exempted by any other statute (Article 2(a)). The Committee wishes to point out that there are no exclusions permitted under Convention No. 100 as it applies to all workers, both nationals and non-nationals, in all sectors of activity, in the public and the private sectors, and in the formal and informal economy. Recalling the obligation to ensure and promote the application of the principle of the Convention to all workers, the Committee asks the Government to indicate the manner in which it is ensured that the principle of the Convention is applied to those categories of workers that are excluded from the coverage of the Employment Act.

Articles 2 and 3. Public sector. Wage structure. Objective job evaluation. The Committee notes that the Government indicates: (1) that the National Pay Commission was established on 2016 with the mission to review, determine and harmonize the wage structure of the public sector, where wages are set by a number of institutions; and, (2) that, in practice, the Civil Service Commission sets the wage scales for a large part of the public service, and that wages are fixed for job positions based on defined job descriptions or responsibilities. The Committee also notes that, according to the National Pay Policy Act, the National Pay Commission may establish differences in salaries in the public sector based on the type of work and profession, and work-related risk proportionate to the demand, profession, skill and type of work (Sections 17 and 19). The Committee requests the Government to provide information on any objective job evaluation methods and criteria used to review and establish wage scales. It also requests the Government to take measures with a view to ensuring that, during this process, the principle of equal remuneration for men and women for work of equal value is duly taken into account.

Private sector. Minimum wage. The Committee takes note of the Government’s indications that a Salary and Wage Advisory Board, on which there are representatives from employers’ and workers organizations, was established in May 2019. The Committee also notes that during 2019 the ILO provided technical assistance to the Government with the view to the establishment of a minimum wage in the country and that, on 22 September 2020, the President of the Maldives ratified the sixth amendment to the Employment Act, which directs the relevant Cabinet Minister to determine and implement a minimum wage for all employees in the Maldives. The Committee recalls that, as women predominate in low-wage employment, a uniform national minimum wage system helps to raise the earnings of the lowest paid, it has an influence on the relationship between men and women’s wages and on reducing the gender pay gap, and that, when establishing minimum wages at the sectoral level, special attention is needed to ensure that the rates fixed are free from gender bias, as there is a tendency to set lower wages for sectors predominantly employing women (see General Survey of 2012, paragraph 683). The Committee asks the Government to provide information on the progress made in the minimum wage determination process, on the methods and criteria used, and on how the principle of the Convention is taken into account.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee recalls the Government’s indication that representatives from workers’ and employers’ organizations participate in the Salary and Wage Advisory Board. Furthermore, the National Pay Policy Act provides that the National Pay Commission disseminates information through forums to different actors, including workers and employers (Section 16(o)), and that it shall conduct public forums and open interview sessions with stakeholders, including employers and employees from diverse fields (Section 18). The Committee asks the Government to provide information on any form of cooperation or awareness-raising activities with the social partners with a view to promoting specifically equal remuneration for men and women for work of equal value.

Enforcement. The Committee notes the Government’s indication that there are no decisions made by courts regarding equal remuneration for work of equal value. In view of the above, the Committee wishes to recall that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see General Survey of 2012, paragraph 870). In this regard, the Committee notes that: (1) in its 6th Report submitted to the Committee on the Elimination of Discrimination against Women (CEDAW), the Government stressed that the Labour Relations Authority lacks employees and budget for inspection, and that it conducts social media awareness about the channels to submit a complaint (CEDAW/C/MDV/RQ/6, para. 169); and (2) pursuant to the National Pay Policy Act, the National Pay Commission also disseminates information to several actors, including the judiciary (Section 16). The Committee requests the Government to provide information on any specific training programmes developed to enhance the capacity of labour inspection and other enforcement authorities to handle pay discrimination cases. The Committee asks the Government to continue to provide information on the number, nature and outcomes of cases of pay discrimination dealt with by the labour inspectorate and the courts.

Supply of legislation. Compulsory prison labour. In order to assess the extent to which national legislation is in conformity with the Convention, the Committee requests the Government to provide a copy of the English text of the Prisons and Parole Act of 2013, and to indicate the provisions regulating work in prisons.

Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as a punishment for expressing certain political views or views ideologically opposed to the established political, social or economic system. Communication of texts. The Committee notes the legislative texts attached to the Government’s report, namely: the Public Service Media Act No. 9/2015, the Broadcasting Act No. 16/2010, the Political Parties Act No. 4/2013, the Associations Act No. 1/2003 and the Freedom of Peaceful Assembly Act No. 1/2013. The Committee requests the Government to provide a copy of the English text of the Political Parties Act No. 4/2013. It also requests the Government to provide a copy of the English text of the Anti-Terrorism Act of 2015, as amended. Lastly, the Committee requests the Government to indicate whether there have been any legislative changes in the field of press and other media, political parties and associations, as well as assemblies, meetings and demonstrations.

Article 1(c). Disciplinary measures applicable to seafarers. The Committee previously requested the Government to provide a copy of the law governing the conditions of employment of seafarers and the disciplinary sanctions that might be applied to them.

The Government indicates in its report that the Maldives Maritime Navigation Act No. 69/78 was amended by Act No. 35/2015. It further indicates that according to Act No. 35/2015, the power to draw up regulations relating to maritime labour was delegated to the Minister. It states that no regulations have yet been drawn up. The Committee therefore requests the Government to provide a copy of the Maldives Maritime Navigation Act No. 69/78 as amended, as well as a copy of any regulations governing disciplinary sanctions that may apply to seafarers.

Article 1 of the Convention. National Policy designed to ensure the effective abolition of child labour and application of the Convention in practice. The Committee previously noted the Government’s indication that there was no specific national policy addressing child labour. It also noted that, according to the Understanding the Children’s Work Project (UCW) estimates from a 2009 national survey, over 2,000 children (4.2 per cent) aged 7–14 years were in employment in the Republic of Maldives. The Committee consequently requested the Government to take the necessary measures to eliminate child labour, including through the adoption of a national policy to combat child labour.

The Government indicates in its report that there is no action plan in place to combat child labour. It further states that there are few cases of child labour. The Committee encourages the Government to develop and adopt a national policy to ensure the progressive and complete elimination of child labour. It also requests the Government to continue to provide information on the practical application of the Convention, particularly statistical data on the number of children below the minimum age engaged in child labour in the country.

Article 2(1). Scope of application. The Committee previously noted that section 6 of the Employment Act stated that minors under 16 years of age were allowed to participate in the family line of work of their own will. It further noted that, according to the UCW estimates of 2009, 67.3 per cent of the children working in the Republic of Maldives were working in unpaid situations, while 23.4 per cent were engaged in family work. The Committee requested the Government to review section 6 of the Employment Act to ensure that all children benefit from the protection laid down by the Convention.

The Government indicates that the Child Rights Protection Bill, which is to replace the Law on the Protection of the Rights of the Child (Law No. 9/91), provides that no one should involve children in any work that affects the child’s education or well-being. The Committee notes that, according to a UNICEF press release, the Child Rights Protection Act entered into force on 20 February 2020. While taking due note of the Government’s information, the Committee wishes to recall that no child shall work under the minimum age for admission to employment or work, apart from the cases provided for in Article 6 (vocational training and apprenticeship), Article 7 (light work) and Article 8 (artistic performances) of the Convention. The Committee therefore requests the Government to take the necessary measures to ensure the amendment of section 6 of the Employment Act so that children who have not reached the minimum age for admission to employment or work of 16 may not perform child labour, except in cases provided for in the Convention. It also requests the Government to provide a copy of the new Child Rights Protection Act.

Article 2(3). Age of completion of compulsory education. The Committee previously noted that, according to the Government, a draft Education Bill, which introduced compulsory education up to grade 10 (normally enrolling children of up to 15 years of age), had been presented to the Parliament. The Committee underlined that if compulsory schooling came to an end before children were legally entitled to work, there might arise a vacuum which would open the door to the economic exploitation of children. It accordingly requested the Government to ensure that the draft Education Bill is adopted in the near future and provides for compulsory education up to the minimum age for admission to employment or work of 16 years.

The Government indicates that the draft Education Bill remains pending, and that further information will be provided in future reports. The Committee notes that the National Human Rights Action Plan of 2017, annexed to the Government’s report, sets the objective of enacting and promulgating the Education Act.

The Government further indicates that the Child Rights Protection Bill contains provisions on the right to education. The Committee notes that the Child Rights Protection Act entered into force on 20 February 2020. The Committee trusts that the Government will take the necessary measures to ensure compulsory education up to 16 years, in line with the minimum age for admission to employment or work. It requests the Government to provide information on the relevant provisions in this regard. It also requests the Government to supply information on the provisions relating to education in the Child Rights Protection Act.

Article 3(2). Determination of types of hazardous work. Regarding the determination of hazardous types of work, the Committee refers to its detailed comments on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 6. Vocational training and apprenticeship. The Committee previously noted that section 6 of the Employment Act provided that minors under 16 years of age might be employed in connection with training associated with their education or development, without specifying a minimum age in this regard. It therefore requested the Government to set a minimum age for admission to apprenticeship, to ensure that no child under 14 years of age undertakes an apprenticeship.

The Government states that it will consider the Committee’s suggestion. The Committee trusts that the Government will take the necessary measures to ensure that the minimum age for entering an apprenticeship or vocational training programme is not below 14 years. It requests the Government to provide information in this regard.

Article 8. Artistic performances. The Committee previously noted that there were no system under the national legislation allowing exceptions to the prohibition of employment or work for such purposes as participation in artistic performances. Referring to the Committee’s previous request as to whether in practice children under 16 years of age participate in artistic performances, the Government indicates that children in the Maldives do not participate in artistic performances.

Article 9. Penalties and labour inspection. The Committee previously noted that section 12 of the Employment Act provided that any person contravening a provision of Chapter 3 regarding the employment of minors should be fined a sum of not less than 1,000 Maldives Rufiyaa (MVR) and not more than MVR5,000. It also noted the Government’s indication that the Labour Relations Authority (LRA) monitored child labour. It noted that, according to the Committee on the Rights of the Child, the Employment Act was poorly enforced, as the LRA was understaffed and under-resourced. The Committee requested the Government to take the necessary measures to strengthen the capacity of the LRA to effectively monitor the legislation regarding child labour.

The Government indicates that the LRA uses a standard format for the inspection of establishments, which includes items on child labour. Officials of the LRA also raise awareness through their activities on minimum age and child labour, including in schools. The Government further states that the LRA conducts labour inspections in all atolls according to budget and inspection needs, as well as on islands with establishments, usually tourist resorts. Inspection priorities are set according to the size of companies’ workforce and risks. The LRA currently has a staff of 32 persons, including 11 inspectors, who carry out routine inspections, and four investigators, who act on complaints. An increase of seven staff members has been approved by the Ministry of Finance and the Civil Service Commission. With regard to the training of labour inspectors, efforts are being made to send them to neighbouring countries for training, and internal training is also provided by senior inspectors. The Government states that there is an issue of staff turnover.

The Government indicates that in 2018, there were about 257 inspections, and only two cases of child labour were reported. In 2019, approximately 200 inspections were conducted to date, and there were no findings of violations with respect to the minimum age. The Committee encourages the Government to pursue its efforts to strengthen the capacity of the Labour Relations Authority. It requests the Government to continue to provide information on the activities of the LRA to raise awareness on child labour. It also requests the Government 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.

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour and penalties. All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted that the Prevention of Human Trafficking Act of 2013 criminalized trafficking of children (section 14) and provided for a penalty of 15 years of imprisonment (section 18) for trafficking of children. The Committee requested the Government to provide information on the measures taken to ensure the effective implementation of the Prevention of Human Trafficking Act regarding trafficking of children.

The Government indicates that no prosecutions, convictions and penalties for trafficking of children were reported. It states that the Maldives Police Service (MPS) has a specialized trafficking unit, which has targeted trafficking for the purposes of prostitution and labour exploitation. Between February 2017 and November 2019, one case of trafficking of children for the purpose of sexual exploitation was investigated by the MPS; the case was closed after the allegations were found to be false.

The Government further indicates that the Maldives Immigration Service is involved in the identification of possible cases of trafficking, which it should then refer to the MPS for investigation. The Maldives Immigration Service has not identified any cases of trafficking of children for labour exploitation during the reporting period. In some cases, there has been doubt about the age on the travel documents of persons entering the country. In these cases, the immigration officer has the discretion to refuse entry, which has been done on several occasions. A recently drafted new immigration Bill would require a certificate of guardianship for minors not travelling with their parents. The Government also indicates that the Prevention of Human Trafficking Act is currently under review.

The Committee notes the Government’s indication, in its report to the UN Human Rights Council of February 2020 in the context of the Universal Periodic Review, that the MPS developed a case management system in 2017 in order to enhance monitoring and data collection. The Government also indicated in this report that the Maldives Immigration Service continues to implement a mandatory training on anti-human trafficking module for all new recruits. However, the Government underlined that the lack of technical expertise in investigation, prosecution and within the judiciary continues to impede successful prosecutions (A/HRC//WG.6/36/MDV/1, paragraphs 176 and 178).

Furthermore, the Committee notes that, according to the report of the Office of the UN High Commissioner for Human Rights of March 2020 made under the framework of the Universal Periodic Review, the UN Refugee Agency indicated that the trafficking of children in the Maldives was an issue (A/HRC/WG.6/36/MDV/2, paragraph 37). The Committee requests the Government to take the necessary measures to ensure that, in practice, thorough investigations and prosecutions are carried out for persons who engage in the trafficking of children, and that sufficiently effective and dissuasive sanctions are imposed. It requests the Government to provide information on the number of investigations, prosecutions, convictions and penalties which have been applied for the offence of trafficking of children, in accordance with the provisions of the Prevention of Human Trafficking Act. Please provide information on any action taken to enhance technical expertise in investigation, prosecution and within the Judiciary. The Committee also requests the Government to provide a copy of the new Immigration Bill and of the revised Prevention of Human Trafficking Act, once adopted.

Article 3, clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee previously noted that the Special Provisions Act to Deal with Child Sex Abuse Offenders of 2009 provided for a penalty of up to 25 years of imprisonment for the use, procuring or offering of a child for prostitution, pornography or pornographic performances (sections 17 to 19). The Government also indicated that sections 621 and 622 of the new Penal Code of 2014 provided that soliciting or facilitating child prostitution and child pornography were criminal offences punishable with aggravated sanctions. It stated that despite a few cases of suspected exploitation of children in prostitution, it had not been possible to gather sufficient evidence to take legal action. It also indicated that the MPS had been trained to detect and investigate cases of sexual exploitation of children in travel and tourism. The Committee requested the Government to take the necessary measures to strengthen the enforcement of the Special Provisions Act and the related provisions of the new Penal Code. It also requested the Government to provide a copy of the Penal Code.

The Government indicates that, according to statistics of the MPS of November 2019, in 2018, 19 cases of exploitation of children in prostitution, pornography or pornographic performances were reported and 13 cases were investigated. In 2019, 13 cases were reported, seven investigated and two sent to the Prosecutor General’s Office. The Government further states that there has been registration of convictions of child abusers under the Special Provisions Act.

The Committee takes note of the Government’s indication that numerous stakeholders, including the Ministry of Gender, Family and Social Services (MGFSS), the Prosecutor General’s Office, the Ministry of Tourism, the Maldives Immigration Service, the MPS, resorts and schools, have received training on the protection of children from sexual exploitation, including in the tourism sector and online. In addition, the MPS is involved in the prevention and sensitization of the sexual exploitation of children. For instance, in 2018, it organized 36 awareness programmes for Maldivian tour operators.

The Committee notes that the Penal Code of 2014 provides for a penalty of imprisonment of not more than eight years for soliciting or facilitating child prostitution (section 621) and of not more than two years for child pornography (section 622).

The Committee further notes the Government’s indication, in its report of October 2019 to the Committee on the Elimination of Discrimination against Women, that there is evidence that minor girls are coerced into prostitution by mothers for generating income for the family (CEDAW/C/MDV/6, paragraph 58). The Committee requests the Government to take all necessary measures to ensure the application in practice of the Special Provisions Act and the above-mentioned sections of the Penal Code, and to provide information on the number of cases investigated, of persons prosecuted, convicted, and the penalties imposed. It also requests the Government to provide information on the outcome of the two cases of the commercial sexual exploitation of children that were sent to the Prosecutor General’s Office in 2019.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that section 133 of the Drugs Act provided that any person who caused a child below 18 years of age to participate in the commission of an offence under the Act should be punished by the maximum penalty determined for that offence, which could be life imprisonment. It further noted the Government’s indication that drug dealers were increasingly targeting vulnerable children who were neglected by parents and who lacked protective structures around them. The Committee therefore requested the Government to take the necessary measures to prevent the involvement of children in drug-related activities and to ensure the effective enforcement of the Drugs Act.

The Government indicates that the Drugs Act is currently being reviewed, and may affect the application of the Convention. It also states that the MPS is responsible for enforcing laws relating to the drug trade. The Government underlines that the MPS has included prevention and response to juvenile offending and youth crime as a strategic objective in its Strategic Plan 2019-2024. Noting the absence of information on this point, the Committee once again requests the Government to provide information on the application in practice of section 133 of the Drugs Act. It also requests the Government to provide a copy of the revised Drugs Act, once adopted.

Clause (d) and Article 4. Hazardous work and determination of types of hazardous work. The Committee previously noted that section 7(a) of the Employment Act provided that no minors under 18 years of age should be employed in any work or employment that might have a detrimental effect on their health, education, safety or conduct. The Government indicated that specific types of hazardous work had not been determined. It also stated that section 7(a) of the Employment Act was not always respected in practice. The Committee accordingly requested the Government to take the necessary measures to ensure the adoption of a list of types of hazardous work.

The Government indicates in its report under the Minimum Age Convention, 1973 (No. 138) that a Bill and guidelines on occupational safety and health is under preparation, and that consideration may be given to include in it a list of hazardous work. Recalling that by virtue of Article 3(d) of the Convention hazardous work is considered to be one of the worst forms of child labour and, under the terms of Article 1, this worst form of child labour shall be prohibited as a matter of urgency, the Committee expresses the firm hope that a list of hazardous types of work prohibited for children under 18 years of age will be adopted and applied in the near future, and requests the Government to provide information in this regard.

Article 6. Programmes of action. Trafficking of children. The Committee previously took note of the Anti-Human Trafficking National Action Plan (NAP) 2015–19, which covered four areas, namely protection, prevention, prosecution and collaboration. It requested the Government to provide information on the implementation of the NAP in practice.

The Government indicates that following the expiry of the NAP in 2019, a new plan will be formulated. The Committee requests the Government to provide information on the formulation and adoption of a new action plan to combat trafficking in persons, including trafficking of children.

Article 7(2). Effective and time-bound measures. Clause (a). Prevention of the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted, in its comments under Convention No. 138, that according to UNESCO, in 2016, the net enrolment ratio was 94.80 per cent at the primary level (for 6 to 12 years of age) and 68.86 per cent at the lower secondary level (for 13 to 15 years of age).

The Committee takes due note of the report of 2019 communicated by the Government as an annexe, entitled “Education Sector Analysis Maldives”, which was prepared by the Policy Planning and Research Division of the Ministry of Education. The report indicates that, in 2018, the net enrolment ratio was 95.9 per cent at the primary level and 90.5 per cent at the lower secondary level. However, fewer girls are enrolled in lower secondary education (87.8 per cent compared to 92.9 per cent for boys). The report also indicates that the Maldives allocates a significant part of its budget on education, despite the fact that it has been reduced from 12.7 per cent in 2015 to 11 per cent in 2017. The Government developed a new Education Sector Plan for the period 2019-23.

The Committee further takes note of the National Human Rights Framework adopted in 2016, annexed to the Government’s report under Convention No. 138, which sets out key objectives in the area of education, including facilitating equitable access to education for all children, with a special focus on children in vulnerable situations. In addition, the National Human Rights Action Plan of 2017 sets the objective of increasing the net enrolment and enhancing access to education at all levels. Welcoming the progress made to improve access to education, the Committee encourages the Government to continue its efforts, in order to ensure that all children have access to free basic education, with special attention to girls in lower secondary education. The Committee requests the Government to continue to provide information on the measures adopted and the results achieved in this regard, including within the framework of the Education Sector Plan 2019–23 and the National Human Rights Action Plan of 2017.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Child victims of trafficking. The Committee previously noted the establishment of a national Anti-Trafficking Steering Committee under the Prevention of Human Trafficking Act, aimed at coordinating anti-trafficking activities. The Committee requested the Government to take the necessary measures to strengthen the identification, rehabilitation and social integration of child victims of trafficking.

The Government indicates that, where there is a suspicion of trafficking of children, the MPS involves the Family and Child Protection Department of the MGFSS for the protection of the child concerned. Two child protection institutions exist in Malé, and shelters are available on the atolls. The Government further indicates that a Standard Operating Procedure (SOP) on victim identification, protection and referral, which details the specific procedures to be followed when victims of trafficking are children, has been formulated by the Anti-Trafficking Steering Committee. The Government states, in its report under the Forced Labour Convention, 1930 (No. 29), that the national victim support hotline has been set up to report victims of trafficking and child labour. In 2018 and 2019, no calls were received.

The Committee notes the Government’s indication, in its report to the UN Human Rights Council of February 2020, that the Anti-Trafficking Steering Committee adopted and published the Victim Identification Guidelines in February 2016. The Steering Committee also initiated a number of awareness programmes during this period, before being dissolved due to a lack of commitment, staff shortages and issues of composition. The Steering Committee was reconstituted and reconvened in 2019. The Government also pointed out, in this report, the absence of a permanent shelter and victim support (A/HRC/WG.6/36/MDV/1, paragraphs 174 and 175). The Committee requests the Government to strengthen its efforts to identify child victims of trafficking and to provide them with assistance. It also requests the Government to provide information on the number of these children who have been identified and have received rehabilitative assistance, shelter and other services, including through the Family and Child Protection Department of the MGFSS.

2. Child victims of sexual exploitation. The Committee previously noted that, according to the Committee on the Rights of the Child, children who had been victims of sexual offences might be criminalized according to Shariah Law, including the charges of zina, which signifies voluntary sexual intercourse outside a marriage relation. The Government indicated that child victims of prostitution and pornography could not be guilty of zina as they were clearly coerced, but that more needed to be done to ensure that girls were not forced to confess zina. The Committee accordingly requested the Government to take the necessary measures to ensure that child victims of sexual exploitation are not treated as criminals. It also requested the Government to provide information on the measures taken to remove and assist children from this worst form of child labour.

The Government indicates that the MGFSS is responsible for the protection of child victims of sexual exploitation. Between January and September 2018, the MGFSS received one case of commercial sexual exploitation. In September 2019, it received three cases of commercial sexual exploitation.

The Government further indicates that pursuant to section 53 of the Penal Code, treatment depends on the maturity of the child. The Committee notes that section 53 of the Penal Code provides that a person under 15 years of age at the time of the offence shall be presumed to have satisfied the requirements of the defence of immaturity. A person under 18 years of age at the time of the offence shall also be presumed, subject to rebuttal by the prosecution, to have satisfied the requirements of the defence of immaturity. Referring to its 2012 General Survey on the fundamental Conventions, the Committee underlines that children who are used, procured or offered for prostitution should be treated as victims, and not as offenders who have committed a criminal offence (paragraph 510). The Committee requests the Government to ensure that all children under 18 years engaged in prostitution are treated as victims rather than offenders. It also requests the Government to take the necessary measures to ensure that children are effectively removed from commercial sexual exploitation and that they receive the services necessary for their rehabilitation and social integration. Please provide information in this regard, including on the assistance provided to these children through the MGFSS.

Clause (d). Children at special risk. Migrant children. The Committee notes that, according to the 2019 report “Education Sector Analysis Maldives” issued by the Ministry of Education, the population migrates, in particular to Malé, for better opportunities in education. It appears from the school enrolment figures that this population movement is still on the rise. Furthermore, the report indicates that according to official national statistics, adolescent boys who move to Malé are frequently manipulated to become part of the criminal enterprise (page 112). The Committee further notes that, according to information from the UNICEF Child Protection Programme (available on the UNICEF website), 10 per cent of students in Malé live without their parents. Many of them arrived as adolescents, seeking educational opportunities at the secondary level. UNICEF points out that drug abuse among these children has increased dramatically in recent years. In addition, a growing number of children are joining gangs.

The Government indicates in its report that, with regard to internal migration, advocacy and awareness-raising activities are carried out within the framework of children’s rights, including on trafficking. The Government further states that, more generally, the potential for trafficking in the context of internal migration has been reduced in recent years through the implementation of government policies providing education facilities on sparsely populated atolls. Indeed, the “Education Sector Analysis Maldives” report indicates that the Government has taken additional measures to decentralize education by providing resources and facilities in the atolls (page 94). The Committee welcomes the Government’s efforts and encourages it to pursue its efforts to protect children who migrate within the country from the worst forms of child labour. It requests the Government to continue to provide information on the measures taken to ensure that these children are not engaged in the worst forms of child labour, and are cared for by child protection structures.

The Committee notes the Government’s first report on the application of the Convention. It also notes that the 2016 amendments to the Annexes of the Convention entered into force for Maldives on 8 June 2017. The Committee recalls that these amendments aim at aligning the technical requirements of the Convention with the latest standards adopted by the International Civil Aviation Organisation (ICAO) with respect to the technology for seafarers’ identity documents (SIDs) provided for in the Convention. In particular, they intend to change the biometric template in SIDs from a fingerprint template in a two-dimensional barcode to a facial image stored in a contactless chip as required by ICAO Document 9303.The Committee notes the Government’s information that mechanisms are not yet in place for the issuance of SIDs. Since the ratification of the Convention, the Immigration Authorities have been approached for the design and production of SIDs, but the process has not yet been finalized. While a draft specimen of SID has been developed, the regulations implementing the Convention have yet to be promulgated. The Committee recalls the Resolution adopted by the third meeting of the Special Tripartite Committee of the Maritime Labour Convention, as amended (MLC, 2006), whereby it expressed concern about the difficulties seafarers continue to have in accessing shore leave and transiting in certain ports and terminals around the world and recognized that although an increased number of member States have ratified Convention No. 185, there still appear to be problems in ensuring that the Convention works in the way that it was originally intended. The Committee notes that these problems have dramatically increased by the restrictions imposed by governments around the world to contain the spread of the COVID-19 pandemic. The Committee hopes that the Government will adopt in the near future the necessary measures to issue SIDs in accordance with the amended version of the Convention. It requests the Government to provide detailed information on such measures, including a copy of the applicable national provisions. The Committee also requests the Government to supply a specimen of a SID compliant with the Convention as soon as it becomes available. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office.

Article 6 of the Convention. Facilitation of Shore Leave and Transit and Transfer of Seafarers. The Committee notes the Government’s information that for the purpose of shore leave, seafarers are not required to hold a visa. It also notes, however, that the Government mentions “a shore leave 7 days entry visa” which “only is given to those with identity documents.” The Committee recalls that Article 6 of the Convention provides that each Member for which the Convention is in force shall permit the entry into its territory of a seafarer holding a valid SID in conformity with the Convention, either for temporary shore leave without requiring a visa, (Article 6(4)) or for transit and transfer, in this case supplemented by a passport (Article 6(7)). The Committee requests the Government to provide detailed information on how it ensures compliance with Article 6 of the Convention.

The Committee notes the Government’s first report.

Articles 1 and 2 of the Convention. Prohibition of discrimination and equal opportunity and treatment in employment and occupation. Legislation. The Committee notes that article 17(a) of the Constitution of 2008 prohibits discrimination of any kind, including on the ground of race, national origin, colour, sex, age, mental and physical disability, political or other opinion, property, birth or other status, or native island; and article 37 of the Constitution provides that every citizen has the right to engage in any employment or occupation and is entitled to an equal opportunity for promotion. It further notes that the Employment Act No. 2/2008, which covers all employment and persons both in the public and private sectors with the exception of the military and the police, prohibits discrimination against persons carrying out equal work, either in the granting of employment, the determination of remuneration, increases in remuneration; the provision of training; determination of conditions and manner of employment; dismissal from employment or in the resolution of other employment-related matters, when based on race, colour, social standing, religion, political beliefs or affiliation with any political party, sex, marital status, family obligations, and insofar as it does not contravene other provisions of the Act, on age or disability (sections 2(a) and 4(a) of the Act). The Committee also notes that the Gender Equality Act No. 18/2016 explicitly prohibits direct and indirect discrimination based on the following grounds: gender, sex, marital status, family responsibility, maternity, childbirth, breastfeeding or the possibility of breastfeeding, “qualities or roles attributed or not attributed by society to a specific gender”, “established practices promoting inequality towards men and women”, “established practices that diminish the dignity of a specific gender” and “social and cultural beliefs that a specific gender is superior or that a specific gender is inferior” (sections 7 and 9). It provides that employers, both in the public and private sectors, shall provide equal opportunity for men and women in employment, training and advancement position (sections 20(a) and (d)). The Committee observes that: (i) no explicit reference is made to direct and indirect discrimination in the Constitution and the Employment Act; and (ii) the Employment Act limits the scope of the prohibition of discrimination to “persons carrying out equal work”. It notes the Government’s indication, in its report, that public education programmes to provide information and promote non discriminatory policies in the workplace are mainly implemented by the Labour Relations Authority through public, print and social media, as well as during field inspections. The Committee asks the Government to indicate whether the above-mentioned legislative framework covers both direct and indirect discrimination based on at least all the grounds set out in Article 1(1)(a) of the Convention, as well as the manner in which direct and indirect discrimination are defined and interpreted in practice, including by providing copy of any relevant administrative or judicial decisions. Noting that section 4(a) of the Employment Act prohibits discrimination “amongst persons carrying out equal work”, the Committee asks the Government to provide clarification on the scope of application of this provision, indicating: (i) how the terms “equal work” have been interpreted in practice; and (ii) the manner in which it is ensured that persons carrying out different work are also protected against discrimination in employment and occupation. Recalling that the ground of “national extraction” set out in the Convention covers distinctions made on the basis of a person’s place of birth, ancestry or foreign origin, the Committee also asks the Government to clarify the meaning of “national origin” in article 17(a) of the Constitution. The Committee asks the Government to provide information on the measures taken to raise awareness among workers, employers and their respective organizations, and law enforcement officials, of the relevant legislative provisions and principles of the Convention, the procedures and remedies available, as well as on any activity carried out by the Labour Relations Authority or any other competent body in that regard.

Police and armed forces. The Committee notes that the police and armed forces are excluded from the scope of the Employment Act (section 2(a)). It notes that section 55 of the Police Act No. 5/2008 and section 25(a) of the Armed Forces Act No. 1/2008 provide that the Minister shall oversee the recruitment, assignment of posts, promotion, demotions, and training of police officers and members of the armed forces, in accordance with the regulations adopted pursuant to those Acts. The Minister shall formulate regulations, in particular on employment, training and the awarding of promotion of police and armed forces (section 17 of the Police Act and section 46 of the Armed Forces Act). The Committee asks the Government to indicate how it is ensured, in law and in practice, that police officers and members of the armed forces are effectively protected against direct and indirect discrimination based on at least all the grounds set out in Article 1(1)(a) of the Convention (race, colour, sex, religion, political opinion, national extraction and social origin), in all aspects of employment and occupation, as defined in Article 1(3).

Article 1(1)(a). Discrimination based on sex. Sexual harassment. Noting that section 14(b)(8) of the Gender Equality Act No. 18 of 2016 considers sexual harassment “gender-based discrimination”, the Committee takes note of the Sexual Harassment and Abuse Prevention Act No. 16/2014. It further notes the adoption of the Strategic Action Plan (SAP) for 2019–23 which includes a specific strategy to ensure the enforcement of legislation on sexual harassment, including by conducting an assessment to identify main challenges faced in the implementation of such strategy by 2021 (SAP, page 424). The Committee notes from the Government’s report submitted on 11 April 2019 to the UN Committee on the Elimination of Discrimination against Women (CEDAW) that there is a relatively high level of sexually suggestive or obscene language at the workplace, with women generally being afraid of lodging complaints, and that the 2016–17 Demographic Health Survey shows that 22 per cent of the women aged from 15 to 49 years have experienced either physical or sexual violence or both (CEDAW/C/MDV/6, 11 April 2019, paragraphs 22 and 39). The Committee asks the Government to provide a copy of the Sexual Harassment and Abuse Prevention Act No. 16/2014 and of any other legislation defining and prohibiting both quid pro quo and hostile work environment sexual harassment, as well as information on its implementation in practice, in particular in the framework of the Strategic Action Plan for 2019–23. It asks the Government to provide information on any preventive measures adopted, including steps taken to raise awareness of the relevant provisions of national legislation and on this serious manifestation of sex discrimination, the remedies and procedures available, in particular among women workers. The Committee asks the Government to provide information on the number of cases of sexual harassment dealt with by the labour inspectors, the Human Rights Commission, the courts or any other competent authority, as well as the sanctions imposed and remedies granted.

Religion. The Committee notes that section 6 of the Human Rights Commission Act No. 6 of 2016 provides that all members of the Human Rights Commission must be Muslim. It notes that similarly section 12 of the Maldivian Civil Service Act provides that members of the Civil Service Commission, which is responsible for recruiting, appointing, promoting, transferring and dismissing members of the civil service and establishing personnel procedures relating to recruitment, appointments, transfers, promotions and dismissals, must be Muslim. The Committee therefore asks the Government to indicate the manner in which protection against direct and indirect discrimination on the ground of religion in employment or occupation is ensured in practice to all workers, both in the public and private sectors. It asks the Government to examine section 12 of the Maldivian Civil Service Act and section 6 of the Human Rights Commission Act. In the meantime, the Committee asks the Government to provide information on any measures taken to ensure that the decisions taken by private employers as well as by the Maldivian Civil Service on the appointments, transfers, promotions and dismissals of civil service officers do not lead to direct or indirect discrimination against non-Muslims in practice.

Article 1(1)(b). Additional grounds of discrimination. Disability. The Committee notes that article 17(a) of the Constitution prohibits discrimination on the ground of mental or physical disability. It further notes from the Government’s report submitted to the United Nations Committee on the Rights of Persons with Disabilities (CRPD), that section 19(a) of the Protecting the Rights of Persons with Disabilities and Providing Financial Assistance Act No. 8/2010 (Disability Act) guarantees that persons with disabilities have the right to equal opportunities in employment; section 19(b) prohibits discrimination in granting of employment and in the work environment on the basis of disability; and section 19(e) explicitly prohibits discrimination against persons with disabilities in the provision of education and training opportunities, promotion and career advancement, and in the provision of allowances. It notes however that, despite such legislative provisions, persons with disabilities face many challenges in accessing employment and those who are in employment report negative attitudes and lack of understanding of their needs, which discourage them from continuing in employment (CRPD/C/MDV/1, 7 March 2019, paragraphs 122 and 123). The Committee notes that the SAP for 2019–23 sets as specific actions the increase of persons with disabilities accessing employment and vocational education and the establishment of a mechanism for filing and addressing complaints regarding difficulties in the workplace faced by them, by 2020. The Committee asks the Government to provide information on the application of section 19 of the Disability Act No. 8/2010 in practice, including on any cases or complaints concerning discrimination on the ground of disability dealt with by the labour inspectors, the Human Rights Commission, the courts or any other competent authority, the sanctions imposed and the remedies granted. It asks the Government to provide information on any measures taken to promote access for persons with disabilities to training and employment and to improve their access to the open labour market, including within the framework of the Strategic Action Plan for 2019–23, as well as on any specific complaint mechanisms established as a result. The Committee asks the Government to provide statistical data on the employment rates of women and men with disabilities, both in the public and private sectors.

Article 1(2). Inherent requirements of the job. The Committee notes that section 20(d) of the Gender Equality Act No. 18/2016 provides that “employment opportunities shall not be offered or advertised to restrict a particular sex, except in circumstances where the work is required to be undertaken by a particular gender”. The Committee asks the Government to provide information on the application of section 20(d) of the Gender Equality Act in practice, by providing concrete examples of circumstances where it has been considered that the work required to be undertaken by a particular gender. It also asks the Government to provide information on the measures taken to ensure that women are not excluded, in law or in practice, from certain types of work.

Articles 2 and 3. Equality of opportunity and treatment between men and women. The Committee notes that the Gender Equality Act No. 18/2016 provides that the Ministry shall formulate and implement a national policy and action plan on gender equality (section 42(a) of the Act). Noting the Government’s statement that the national policy has not yet been adopted, the Committee notes that the SAP for 2019–23 sets as specific action the ensuring of “the effective implementation of the Gender Equality Act by finalizing, endorsing and implementing the national policy on gender equality and action plan by 2020”. The Committee notes that, within the framework of the SAP for 2019–23, the Government acknowledges that there is a large proportion of women outside of the workforce and a lack of incentives to hire women, along with cultural barriers and stereotyping. In the Maldives, women are considered to be, and are, the main caregiver in families, and the lack of adequate childcare facilities and alternative and flexible working arrangements prevent them from achieving economic independence. The Government further acknowledges that women’s labour force participation rates have declined significantly while women’s unemployment rates are still twice as high as that of men, and that despite legislative improvements resource constraints restrict the implementation of national legislation to achieve gender equality. The Committee notes that the SAP provides for a specific strategy on women’s economic empowerment and representation in decision-making, including by: (i) eliminating barriers for women to participate in economic activity including cultural barriers by promoting shared care work and household responsibilities and increasing public awareness on the long-term benefits of ensuring gender equality across all spheres of life; (ii) improving data collection and analysis of women’s employment and entrepreneurship trends, including women’s economic contributions through home-based and informal work; (iii) conducting a detailed analysis on the economic participation and vulnerabilities faced by women using existing data sources and identifying data gaps; and (iv) conducting awareness raising sessions for communities to eliminate barriers faced by women. The Committee notes from the 2018 statistical update of the United Nations Development Programme (UNDP), that women’s labour force participation rates significantly decreased from 57.1 per cent in 2011 to 42.9 per cent in 2017, and is almost twice as low as that of men (82.1 per cent for men in 2017). It further notes that, in its last concluding observations, the CEDAW expressed concern about: (i) the persistence of deeply entrenched traditional stereotypes regarding the roles and responsibilities of women and men and the growing trend of conservative interpretations of religion encouraging stereotypical patterns, which have a negative impact on women and girls; (ii) girls’ limited access to higher levels of education, as well as vocational and technical training, due to stereotypes and geographical constraints; (iii) the concentration of women and girls in traditional fields of study; (iv) the high percentage of women who are self-employed or employed in the informal sector; and (v) the gender pay gap in both the public and private sectors (CEDAW/C/MDV/CO/4-5, 11 March 2015, paragraphs 20, 32 and 34). The Committee asks the Government to provide information on the measures taken, including within the framework of the Strategic Action Plan for 2019–23, to improve equality of opportunity and treatment between men and women in employment and occupation by effectively combatting gender stereotypes and enhancing women’s economic empowerment and access to decision-making positions, as well as girls’ and women’s access to higher education and vocational training, especially in areas traditionally dominated by men, in particular for girls and women from rural areas and remote islands. The Committee asks the Government to provide statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors, as well as in the informal economy.

Migrant workers. Referring to its 2018 direct request on the application of the Forced Labour Convention, 1930 (No. 29), the Committee takes note of the Prevention of Human Trafficking Act No. 12/2013. It notes however, from the 2019 Government’s report to the CEDAW, that migrant workers are subjected to exploitation and abuse, including confiscation of identification documents, non payment of wages, and inhumane treatment. Most migrants would not be aware of the procedures for lodging a complaint, and even if they were aware, most would be hesitant in disclosing their undocumented status due to fear of deportation and the heavy debt they will have incurred in accessing informal migration channels. The Government also highlights that in several cases migrant female domestic workers are prevented from leaving their employers’ homes through threats and other means, and are at times trapped in situations of forced labour (CEDAW/C/MDV/6, 11 April 2019, paragraph 86). The Committee asks the Government to provide information on the application of the Prevention of Human Trafficking Act No. 12/2013 in practice, in particular regarding the effective protection of migrant workers from discrimination on the basis of race, colour or national extraction and abuse. It asks the Government to provide information on any measures taken or envisaged to prevent and address discrimination against migrant workers in terms and conditions of employment to ensure the full application of the Convention in respect of all migrant workers, in particular women domestic workers, including awareness-raising activities of their rights, remedies and procedures available, and their impact. The Committee asks the Government to provide information on the number, nature and outcome of cases of discrimination against migrant workers dealt with by the labour inspectors, the Human Right Commission, the courts, or any other competent authority, the sanctions imposed and remedies provided.

General observation of 2018. Regarding the above issues, and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee notes the Government’s indication that there is currently no formal or structured mechanism established for consultation with social partners but that, when needed, consultations are carried out with employers’ and workers’ organizations on matters relating to the promotion of the non-discrimination principle. It also notes that the SAP for 2019–23 sets as specific action to “revive and ensure proper functioning of the National Tripartite Labour Advisory Council (NTLAC) as a forum for social dialogue on labour and employment governance”, by 2020. The Committee asks the Government to provide information on the specific activities undertaken by employers’ and workers’ organizations concerning equal opportunity and treatment in employment and occupation, including any awareness-raising activities undertaken in that respect. It asks the Government to provide information on any progress made in the establishment of the National Tripartite Labour Advisory Council and, if so, on its activities on the issues covered by the Convention.

Article 5. Special measures of protection. The Committee notes that, pursuant to article 17(b) of the Constitution and section 4(b) of the Employment Act, special measures of assistance or protection for disadvantaged persons or groups are not deemed to be discrimination. It further notes that section 13 of the Gender Equality Act provides that “measures aimed at assisting or protecting a particular gender shall not be considered as discrimination”. The Committee asks the Government to provide information on the application of article 17(b) of the Constitution, section 4(b) of the Employment Act and section 13 of the Gender Equality Act, in practice, including by describing any positive measures effectively taken to promote equal opportunities for disadvantaged persons or groups in employment and occupation, such as incentive schemes, and the results achieved.

Enforcement. The Committee notes the Government’s indication that the Ministry of Economic Development (MED) acts as the national authority which oversees the implementation of the employment legislation, and the Labour Relations Authority, which is responsible for conducting inspection of workplaces, reports directly to the Minister. It notes that the Employment Act provides that when complaints are lodged against an employer alleging discrimination: (i) the burden of proof is shifted on to the employer to show that there has been no discrimination or that any discrimination is based on reasonable cause and does not contravene the prohibition of discrimination set out in the Act; and (ii) that such complaints shall be dealt with expeditiously (sections 4(d) and 5 of the Act). The Committee notes that, pursuant to sections 85 to 88 of the Employment Act, an employment tribunal was established. It further notes that the Human Rights Commission has been established to monitor the human rights situation and raise public awareness of rights and available remedies, while it does not, however, provide remedies or opinions publicly on human rights abuses. Noting that, pursuant to sections 20(g), 29 and 30 of the Gender Equality Act, all public and private sector employers shall establish an internal complaints mechanism within three months of the enactment of the Act and follow the minimum standards established to that end by the Minister (section 42(i) of the Act), the Committee notes, from the 2019 Government’s report to CEDAW, that such minimum standards were adopted on 12 June 2017 and that to date 38 institutions have established such internal complaints mechanisms. The Government also states in that report that “of greater concern is limited public confidence in the transparency and independence of the judiciary, due to the lengthy periods for cases to be processed”, and a perception of limited fairness and that the Government is committed to reforming the justice system “to instil greater public confidence in the judicial process, to the effect that justice is served independently and impartially” (CEDAW/C/MDV/6, 11 April 2019, paragraph 124). The Committee asks the Government to provide information on the number, nature and outcome of any complaints or cases of discrimination in employment and occupation dealt with by the labour inspectors, the Human Rights Commission, the courts or any other competent authority, the sanctions imposed and the remedies granted. It also asks the Government to provide updated information on the number of internal complaints mechanisms established pursuant to the Gender Equality Act, as well as on any assessment or study available on their activities, efficiency and impact. The Committee also asks the Government to provide information on any measures taken or envisaged to enhance greater access and confidence in the judiciary, and on their impact.

Comments adopted by the CEACR: Maldives

Adopted by the CEACR in 2021

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Associations Act, 2003

Associations Regulation, 2015

Freedom of Peaceful Public Assembly Act, 2013, and Regulation governing dispute resolution between the employer and the employee, 2011

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

MLC, 2006 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

MLC, 2006 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 109th Session, June 2021)

Adopted by the CEACR in 2020

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C138 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C185 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C111 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Maldives

Display the list by:

Adopted by the CEACR in 2021

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Associations Act, 2003

Associations Regulation, 2015

Freedom of Peaceful Public Assembly Act, 2013, and Regulation governing dispute resolution between the employer and the employee, 2011

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

MLC, 2006 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

MLC, 2006 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 109th Session, June 2021)

Adopted by the CEACR in 2020

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C138 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C185 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C111 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)