Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 29) sur le travail forcé, 1930 - Maldives (Ratification: 2013)

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.