Allegations: Disproportionate police force used against striking workers;
arbitrary arrest of TEAM members and leaders; unfair dismissal of nine workers including
TEAM leaders who participated in and led a strike. The complainant reports that despite a
definitive court judgment in their favour, the dismissed workers have not been reinstated in
their positions more than four years after their dismissal
- 455. The Committee last examined this case at its March 2017 meeting,
when it presented an interim report to the Governing Body [see 381st Report, paras
496–504, approved by the Governing Body at its 329th Session].
- 456. Since there has been no reply from the Government, the Committee has
been obliged to postpone its examination of the case on several occasions since the
presentation of the complaint. At its meeting in June 2017 [see 382nd Report, para. 8],
the Committee issued an urgent appeal to the Government indicating that, in accordance
with the procedural rules set out in paragraph 17 of its 127th Report, approved by the
Governing Body, it could present a report on the substance of the case even if the
information or observations requested had not been received in due time. To date, the
Government has not sent any information.
- 457. The Republic of Maldives has ratified the Freedom of Association and
Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise
and Collective Bargaining Convention, 1949 (No. 98).
A. Previous examination of the case
A. Previous examination of the case- 458. At its March 2017 meeting, the Committee made the following
recommendations [see 381st Report, para. 504]:
- (a) The
Committee regrets that, despite the time that has elapsed since the last examination
of the complaint in October 2015, the Government has once again not replied to the
complainant’s allegations even though it has been requested several times to do so,
including through an urgent appeal. The Committee urges the Government to provide
its observations on the complainant’s allegations without further delay and to be
more cooperative in the future. The Committee reminds the Government of the
possibility to avail itself of the technical assistance of the Office.
- (b) The Committee urges the Government to conduct an independent
investigation as to the grounds for the arrest and detention of TEAM members on the
three mentioned occasions (December 2008, April 2009 and May 2013) and, should it
appear that they have been arrested because of their trade union activities, to hold
those responsible into account and take the necessary measures to ensure that the
competent authorities receive adequate instructions not to resort to arrest and
detention of trade unionists for reasons connected to their union activities in the
future. The Committee requests the Government to keep it informed of the measures
taken in this regard.
- (c) The Committee urges the
Government to take all the necessary steps for the immediate enforcement of the
sentence ordering the reinstatement of TEAM leaders and the payment of the remaining
back wages, and to keep it informed of the steps taken in this regard.
- (d) The Committee urges the Government to conduct an independent
inquiry into the allegations of excessive force used by the police in this case, and
ensure that adequate instructions are given so that such situations do not occur in
the future. The Committee requests the Government to keep it informed of
developments.
- (e) The Committee requests the Government to
solicit information from the employers’ organizations concerned, with a view to
having at its disposal their views, as well as those of the enterprise concerned, on
the questions at issue.
B. The Committee’s conclusions
B. The Committee’s conclusions- 459. The Committee deeply regrets that, despite the time that has elapsed
since the presentation of the complaint in April 2014, the Government has still not
replied to the complainant’s allegations even though it has been requested several times
to do so, including through several urgent appeals [see 375th Report, para. 8; 380th
Report, para. 8 and 382nd Report, para. 8]. The Committee urges the Government to
provide its observations on the complainant’s allegations without further delay and to
be more cooperative in the future. The Committee reminds the Government of the
possibility to avail itself of the technical assistance of the Office.
- 460. Hence, in accordance with the applicable procedural rules [see 127th
Report, para. 17, approved by the Governing Body at its 184th Session], the Committee is
obliged to present a report on the substance of the case without being able to take
account of the information which it had hoped to receive from the Government.
- 461. The Committee reminds the Government that the purpose of the whole
procedure established by the International Labour Organization for the examination of
allegations of violations of freedom of association is to promote respect for this
freedom in law and in fact. The Committee remains confident that, if the procedure
protects governments from unreasonable accusations, governments, on their side, will
recognize the importance of presenting, for objective examination, detailed replies
concerning allegations made against them [see First Report of the Committee, para.
31].
- 462. Under these circumstances, recalling that this case refers to events
that took place between November 2008 and May 2013 and concerns allegations of
disproportionate use of police force against striking workers, repeated arrest and
detention of TEAM leaders, their dismissal, and non-enforcement of the court ruling
ordering their reinstatement without loss of pay, the Committee finds itself obliged to
reiterate the conclusions and recommendations it made when it examined this case at its
meeting in March 2017 [see 381st Report, paras 496–504].
The Committee’s recommendations
The Committee’s recommendations- 463. In light of its foregoing interim conclusions, the Committee invites
the Governing Body to approve the following recommendations:
- (a) The Committee
deeply regrets that, despite the time that has elapsed since the presentation of the
complaint in April 2014, the Government has still not replied to the complainant’s
allegations even though it has been requested several times to do so, including
through several urgent appeals. The Committee urges the Government to provide its
observations on the complainant’s allegations without further delay and to be more
cooperative in the future. The Committee reminds the Government of the possibility
to avail itself of the technical assistance of the Office.
- (b) The Committee
once again urges the Government to conduct an independent investigation as to the
grounds for the arrest and detention of TEAM members on the three mentioned
occasions (December 2008, April 2009 and May 2013) and, should it appear that they
have been arrested because of their trade union activities, to hold those
responsible into account and take the necessary measures to ensure that the
competent authorities receive adequate instructions not to resort to arrest and
detention of trade unionists for reasons connected to their union activities in the
future. The Committee requests the Government to keep it informed of the measures
taken in this regard.
- (c) The Committee urges the Government to take all the
necessary steps for the immediate enforcement of the sentence ordering the
reinstatement of TEAM leaders and the payment of the remaining back wages, and to
keep it informed of the steps taken in this regard.
- (d) The Committee urges
the Government to conduct an independent inquiry into the allegations of excessive
force used by the police in this case, and ensure that adequate instructions are
given so that such situations do not occur in the future. The Committee requests the
Government to keep it informed of developments.
- (e) The Committee requests
the Government to solicit information from the employers’ organizations concerned,
with a view to having at its disposal their views, as well as those of the
enterprise concerned, on the questions at issue.
