Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Maldives (Ratification: 2013)

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

The Committee notes the observations of the Tourism Employees Association of Maldives (TEAM), received on 29 April 2022, and the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF), received on 9 December 2022. The Committee notes the concerns raised by IUF at the lack of consultations in the elaboration of the Industrial Relations Act. The Committee further notes TEAM’s observations that workers have no rights to join or establish the union of their choice, that workers organization cannot represent their members as the judicial system does not recognize trade unions as workers’ representatives, and that the Government failed to communicate to it its reports on the application of ratified Conventions. The Committee requests the Government to respond thereto and further requests the Government to ensure that its reports on the application of ratified Conventions are shared with representative organizations of workers and employers for their observations, as per Member States’ obligation under article 23(2) of the ILO Constitution.

The Committee welcomes the adoption of Act No. 3/2022 (Associations Act) on 9 May 2022 repealing the Associations Act of 2003 and of the Industrial Relations Act (IRA) on 2 January 2024, following ILO technical assistance since 2013.

The Committee notes the Government’s indication that the new Associations Act provides detailed provisions on the right to form and operate associations, the procedures for establishing, registering, and operating associations, the rights and characteristics of associations, and the responsibilities and powers of the Registrar. The Government explains that until 3 July 2024 unions (of workers and employers) were registered under the Associations Act; following the adoption of the IRA, such organizations are registered under the latter Act. The Government further explains that the IRA established the primary legal framework for regulating labour relations in the Maldives, including the right to form unions and engage in collective bargaining. It indicates that Regulation No. R-74/2024 (Regulation on Associations) details the procedures for the registration and operation of civil society organizations, and that Regulation No. R-56/2024 (Regulation on the Registration and Operation of Unions) specifies the procedures for the establishment, registration, operation, and dissolution of workers’ and employers’ unions, federations, and national centres. The Government also reports on the finalization of additional regulations under the IRA on the procedures related to formulation of collective agreements, initiation of collective bargaining and settlement of disputes.

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish organizations. The Committee notes that section 47(a) of the IRA states that every child above the age of 16 in employment may be registered as a member of a union provided that the guardian issues a letter of no objection. The Committee recalls the need to guarantee that minors who have reached the minimum legal age for admission to employment, both as workers and as apprentices, can exercise their trade union rights without parental authorization (2012 General Survey on the fundamental Conventions, para. 78). The Committee requests the Government to take all necessary steps in consultation with the social partners to amend section 47(a) of the IRA accordingly.

The Committee notes the Government’s indication that section 5 of the IRA exempts persons appointed and dismissed by the President from the application of the Act. The Committee recalls that it has always considered that the right to establish and join occupational organizations should be guaranteed for all public servants and officials, irrespective of whether they are engaged in the state administration at the central, regional or local level, are officials of bodies which provide important public services or are employed in state-owned economic undertakings (2012 General Survey, para. 64). The Committee requests the Government to provide information on the categories of employees excluded by this provision and to take necessary measures to ensure that this exclusion from the right to establish trade unions and participate in their operation is limited to members of the police and the armed forces.

Article 3. Freedom to elect representatives. The Committee notes that section 49 of the IRA lists criteria for officers of a union and provides that the person must have been neither found bankrupt by a court, nor convicted for an offence in the last five years. It also requires the majority of the officers of a union to be of Maldivian nationality. The Committee recalls that the autonomy of organizations can be effectively guaranteed only if their members have the right to elect their representatives in full freedom and that public authorities should therefore refrain from any interference which might restrict the exercise of this right. The Committee considers that conviction for an act the nature of which is not such as to call into question the integrity of the person concerned and is not such as to be prejudicial to the performance of trade union duties should not constitute grounds for disqualification from trade union office. The Committee recalls that the requirement to be a national of the country for trade union office prevents the election of migrant workers or foreign nationals and considers that national legislation should allow foreign workers to take up trade union office (2012 General Survey, paras 103, 106 and 107). The Committee therefore requests the Government to take necessary measures to amend section 49 of the IRA in consultation with the social partners so that it does not unduly restrict the right of workers’ organizations to freely elect their representatives.

Article 3. Right to organize administration and activities and to formulate programmes. Essential services. The Committee notes that section 119(f) of the IRA prohibits strikes where participants are engaged in providing an essential service to the public. According to section 127(n) of the IRA, “essential services” refer to the services established to provide the basic needs of living. The Committee recalls that under the Convention, restrictions on the right to strike are permissible only in essential services in the strict sense of the term, that is, services the interruption of which would endanger the lives, personal safety or health of the whole or part of the population. The Committee therefore requests the Government to provide a list of services considered essential or to indicate body is responsible for determining whether a service is essential under section 119(f) of the IRA, and to provide information on the criteria applied in making such determination.

The Committee previously requested the Government to take necessary measures to repeal section 24(b)(7) of the Freedom of Peaceful Public Assembly Act (which allows assemblies in tourist resorts, commercial harbours and airports only with a prior written approval from the police) and to 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. The Committee notes with regret that the Government repeats its previous statement that the restriction to assemble in resorts is in place considering the “one island one resort” situation and strategic importance of the industry to the Maldives, and 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 recalls the concerns raised previously by the Maldivian Trade Union Congress (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. The Committee recalls once again that the restrictions and limitations in place on the right to assemble and strike 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. The Committee once again urges the Government to take necessary measures to repeal section 24(b)(7) of the Freedom of Peaceful Public Assembly Act 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. The Committee requests the Government to provide information on the concrete measures taken or envisaged to that end. The Committee expects that the regulations under the IRA on disputes resolution, which, according to the Government, are being finalized, will be in conformity with the above observations. The Committee requests the Government to supply copies of the Regulations adopted under the IRA.

Articles 2 and 5. The right to form federations and confederations. The Committee notes that pursuant to section 53(a) and (c) of the IRA, five or more unions of the same category registered under the Act may form and register a federation in order to work in collaboration. The Committee considers that the requirement of five organizations of the same category may be too high and could make it difficult for trade unions to establish organizations at a higher level. The Committee thus requests the Government to review the application of this provision with the social partners with a view to reducing the number of unions required to form a federation, and to provide information on measures taken in this respect.

The Committee notes that the IRA provides for the establishment of a National Trade Union Centre and a National Employers Union Centre comprising trade unions and employers’ unions federations, respectively (sections 54 and 55, respectively). The Committee recalls that trade union monopoly imposed by a legislation that explicitly designate a single high-level trade union or employers’ organization is contrary to the Convention. The Committee requests the Government to take necessary measures to amend sections 54 and 55 of the IRA to remove reference to a single trade union or employers’ union centre.

With reference to the above requests to amend various provisions of the IRA, the Committee requests the Government to report on all progress made in this respect in consultation with the social partners.

The Committee previously encouraged the Government to take 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 requested to provide statistics in this regard. In the absence of information on this point, the Committee reiterates its previous request.

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

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.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee takes note of the Government’s first report. The Committee further notes the 2015 and 2016 observations of the International Organisation of Employers (IOE), which are of a general nature. The Committee also notes the 2015 observations of the International Trade Union Confederation (ITUC), alleging police violence and arrest of union leaders during a peaceful demonstration of workers in a tourist resort. The Committee notes that these allegations gave rise to a complaint before the Committee on Freedom of Association (Case No. 3076), which has been constrained to examine the case in the absence of the Government’s reply despite having issued several urgent appeals to the Government requesting it to provide the necessary information (see 376th, 381st and 383rd Report of the Committee on Freedom of Association). The Committee therefore urges the Government to provide its comments on these specific allegations to the Committee on Freedom of Association. Regretting that the Government did not communicate its report to the representative organizations of workers and employers for their observations, the Committee requests it to do so without further delay.

Legislative framework. The Committee notes the Government’s indication that while there is no exclusive labour legislation applicable to workers’ and employers’ organizations, the Constitution grants everyone the freedom to form associations and societies, including the right to form trade unions and to participate in their activities. The Associations Act, 2003, allows for the establishment of non-governmental organizations and the existing workers’ and employers’ organizations are registered under this Act. The Committee also notes that a draft Industrial Relations Act had been developed in 2013 in consultation with the Office, with a view to creating an integrated and comprehensive legislation dealing with all aspects of collective labour relations and giving effect to the rights enshrined in the Convention. The Committee notes the Government’s indication provided under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), that it is undertaking final consultations with the stakeholders in order to submit the draft Act to Parliament for adoption. The Committee requests the Government to take the necessary measures to achieve the adoption of the draft Industrial Relations Act in the near future and to provide a copy of the Act once adopted. In that regard, the Committee expects that the Industrials Relations Act that is undergoing final consultations will address all of the Committee’s observations below so as to ensure its full conformity with the Convention.

Pending the adoption of the Industrial Relations Act and emphasizing the desirability of establishing a comprehensive legislative framework regulating collective labour relations, the Committee will examine the legislation currently in force.

Associations Act, 2003

Article 2 of the Convention. Right of workers and employers to establish organizations without distinction whatsoever. The Committee notes that while section 6(b) of the Associations Act requires persons who want to form an association to be 18 years old, the minimum legal age for admission to employment is set at 16 years (section 6 of the Employment Act, 2008). Recalling that minors who have reached the minimum legal age for admission to employment, both as workers and apprentices, should be able to exercise their trade union rights, the Committee requests the Government to take the necessary measures to amend section 6(b) of the Associations Act to this effect.

Right to establish organizations without previous authorization. The Committee notes that in order to be registered, an association must have a name which has to be written down in its governing regulations (sections 5(a) and 6) and observes that if the registrar considers the name of the association undesirable, such name cannot be registered (section 9(a)). Recalling that formalities giving the authorities discretionary power to refuse the establishment of an organization are in violation of Article 2 of the Convention, the Committee requests the Government to take the necessary measures to amend section 9(a) to limit the discretionary power of the registrar. The Committee also requests the Government to indicate whether associations can appeal to the courts against any administrative decision relating to their registration.

The Committee further requests the Government to provide statistics on the number of workers’ and employers’ organizations registered, the sectors and the number of workers covered.

The Committee also observes that section 37(b) of the Associations Act provides for a penalty of two to five years of imprisonment or banishment to another island or house arrest for any person who incorporates or operates an association without registration in accordance with the Act. It recalls in this regard that although the official recognition of an organization through its registration constitutes a relevant aspect of the right to organize, as it is the first measure to be taken so that organizations can fulfil their role effectively, the exercise of legitimate trade union activities should not be dependent upon registration and should not be subject to penalties. The Committee requests the Government to take the necessary measures to amend section 37(b) of the Associations Act accordingly.

Right of workers and employers to establish organizations of their own choosing. Observing that there are no legislative provisions on the right of workers and employers, who are engaged in more than one occupation or sector, to join the corresponding organizations, the Committee requests the Government to provide information on whether workers and employers can join more than one organization.

Article 3. Freedom to elect representatives. The Committee notes that a member of the executive committee of an association must be 18 years or older and a general member of the association (section 24 of the Associations Act). The Committee recalls in this regard that requirements for candidates for trade union office to have reached the age of majority are incompatible with the Convention. The Committee requests the Government to take the necessary measures to amend section 24 of the Associations Act so as to ensure that minors who are eligible to employment are also eligible for trade union office.

Organization of administration and activities and formulation of programmes. The Committee notes that the Associations Act contains a number of provisions which regulate in detail the internal functioning of associations: section 5(f) states 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; section 10 provides that in order to change the name of an association, a special resolution must be passed (a resolution passed by a two-thirds majority of those votes of members eligible to vote in a general meeting of an association – section 39(c)); section 18 allows changes to be made to the Governing Regulation of a registered association only by adopting a special resolution and after approval of the registrar; section 23 provides detailed instructions on how to address debts of an association; and section 31 states that voluntary dissolution of an administration must be approved by passing a special resolution in a general meeting. The Committee notes that if the registrar considers an association’s seal, flag, colour, motto or change of name undesirable, such characteristics cannot be registered (sections 11 and 14(b)). Recalling that these matters of internal administration should be left to the discretion of members of the association and that the registrar should not have discretionary power to intervene in the selection of an association’s characteristics, the Committee requests the Government to take the necessary measures to amend sections 5(f), 10, 11, 14(b), 18, 23 and 31 accordingly. The Committee also requests 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 and to provide a copy of the regulations to which this provision makes reference.

Article 4. Administrative and judicial dissolution. The Committee observes that in line with section 32(a) of the Associations Act, an association can be dissolved by the registrar, if it failed to commence any activities within two years from registration, failed to carry out any activity for two years, is repeatedly at fault with the Act or committed an act prohibited by section 19, which enumerates acts that could be considered as a threat to the harmony and sovereignty of the country. The Committee notes that the Act does not provide for an appeal to courts in such cases. The Committee further observes that in line with section 33, a court can order the dissolution of an association if it is unable to settle its debt, or has been repeatedly in default to comply with the statutory requirements or is managed for illegal purposes or where the court is of the opinion that it is the most just and fair solution in respect of the matter. The Committee considers that a provision which allows the court to dissolve an association, if it is in its opinion the most just and fair solution, is overly broad and may fail to afford any precise criteria for a judicial decision. Recalling 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, and that the decision on dissolution should only be made in a judicial procedure based on precise and predetermined criteria, the Committee requests the Government to take the necessary measures to amend sections 32(a) and 33 of the Associations Act to that effect.

The Committee also notes that section 37(a) of the Associations Act provides for a fine not exceeding 500 Maldives rufiyaa (MVR) (US$32.50) which may be imposed on an association that contravenes the Act or fails to act within the allocated period or disobeys orders given by the registrar. It recalls in this regard that, in line with Article 8 of the Convention, workers, employers and their respective organizations must, in exercising the rights provided for in the Convention, respect the law of the land but the law may not be such as to impair, nor so applied as to impair, the guarantees provided for in the Convention. In view of the above comments and bearing in mind that a number of provisions of the Associations Act do not provide sufficient protection of the rights enshrined in the Convention, the Committee expects that the Government will take all the necessary measures, in consultation with the social partners, to bring the Associations Act into conformity with the Convention, and will indicate all progress made in this regard.

Article 5. The right to form federations and confederations. The Committee observes the Government’s indication that there are no specific provisions granting the right to form federations and confederations, and to affiliate with international organizations. Recalling the importance of forming federations and confederations for the purpose of effectively defending workers’ interests, the Committee requests the Government to take the necessary measures, including through the adoption of specific legislative provisions, in order to ensure that workers’ and employers’ organizations can form federations and confederations, and affiliate with international organizations.

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

The Committee notes that although article 31 of the Constitution guarantees every person employed in the Maldives and all workers the freedom to stop work and to strike in order to protest, section 24(b)(7) of the Freedom of Peaceful Public Assembly Act, 2013, allows assemblies in tourist resorts, commercial harbours and airports only with a prior written approval from the police. Furthermore, the Regulation governing dispute resolution between the employer and the employee, 2011, determines that strikes can only take place in areas near or surrounding a workplace and its entrance or near the relevant department which administers work or employment, without interrupting the persons moving in and out (section 7) and, in case of industrial islands and tourist resorts, which are generally private property of the employer, strikes can only be carried out in staff courtyards or areas permitted for strike action (section 7(b)). The Regulation further provides that strikes should be without any harm to the employer or the workplace (section 5), that workers on strike should not do any act to directly obstruct customer services or cause any obstructions to the employer’s or a third party’s property (section 11(a)(3)–(4)) and that, where the employee’s normal residence is the workplace or work site, striking workers should not interrupt other employees providing services and their customers (section 8(a)). If workers in tourist resorts or areas allocated for industrial work strike for more than six hours, the employer can order the strikers to leave the island or location, if the Labour Relations Authority decides that, after following the procedures prescribed for strike action under section 6 (obligation to attempt to resolve labour disputes amicably), the employer acted within the prescribed laws and the Regulation or without any detriment to the rights granted under the employment agreement or the Employment Act and in accordance with section 6 of the Regulation (section 8(b)(1)). Recalling that strikes are essential means available to workers and their organizations to protect their interests and that limitations on this right can only be imposed in situations of national or local crisis, essential services in the strict sense of the term and for public servants exercising authority in the name of the State, the Committee considers that the abovementioned restrictions placed on the right to assemble and strike are so broad that they could seriously impede the right to strike, 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. In view of the above and emphasizing that the right to strike is a constitutionally guaranteed right, the Committee requests the Government 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 to strike and ensure that all workers covered by the Convention, including those in island resorts, can in practice exercise their right to strike.

Further observing that section 6 of the Regulation on dispute resolution does not set any time limit for the exhaustion of the obligatory grievance redress mechanism at the employer level, and recalling that such machinery should not be so complex or slow that a lawful strike becomes impossible in practice or loses its effectiveness, the Committee requests the Government to provide information on the application in practice of section 6 of the Regulation.