Maritime Labour Convention, 2006 (MLC, 2006) - Maldives (Ratification: 2014)

Individual Case (CAS) - Discussion: 2021, Publication: 109th ILC session (2021)

Discussion by the Committee

Government representative, Minister of State for Economic Development – It is an honour and it is my personal privilege to make this opening statement before this esteemed Committee. I understand that this is the first time that matters relating to the Maritime Labour Convention, 2006, as amended (MLC, 2006) are being discussed in this Committee. I am also pleased to inform the Committee that the first report on the MLC, 2006 has been submitted by the Government of Maldives. While the report needs further work on completing the required information, we will be working with the relevant departments in the ILO to ensure that the report is compliant with our obligations under the Convention.

As you know, Maldives joined the MLC, 2006 with the noble intention of providing the necessary safeguards for seafarers and other stakeholders in the maritime sector. Let me also acknowledge the modest report of Maldives with respect to reporting on the Convention.

As a relatively new Member of the ILO, we have had significant challenges in aligning our domestic laws and regulations to comply with the provisions of ILO Conventions. I note that these challenges are particularly applicable to the MLC, 2006 due to the technical nature of the Convention. It is a very comprehensive instrument and countries like Maldives, with very limited technical capacity, struggle in aligning our domestic laws to meet the obligations under the Convention. We also need timely assistance in making the necessary reporting, as well as educating stakeholders on the implementation of the new legal framework necessitated by the MLC, 2006. In this regard, I am pleased to report to this Committee that Maldives has been working closely with the ILO and its regional offices in obtaining such assistance.

We hope that, under the current administration and with the technical assistance and support of the ILO and other development partners, we will be able to make good progress in developing our legal infrastructure to comply with the provisions of the Convention and ensure that we remain up to date on reporting back to the Members on progress being made in complying with the MLC, 2006.

With this, I will conclude, and look forward to the deliberations in this important Committee.

Worker members – This is the first time that our Committee examines the application of a Convention by the Republic of Maldives. Incidentally, this is also the first time we examine the application of the MLC, 2006.

The MLC, 2006 is a pioneering instrument designed to confront the many issues faced by workers in the most globalized of sectors: the shipping industry. Indeed, the Convention is unique in that it truly reflects the reality of the shipping industry and uses original approaches to gain widespread ratification. To date, 98 Member States, responsible for regulating conditions for seafarers on more than 90 per cent of the world’s gross tonnage of ships, have ratified the Convention.

Chief among the keys to the Convention’s success is the philosophy that underpins it: promoting decent work and a fair globalization. This translated into secure decent work for seafarers and a level playing field for shipowners. As a result, unscrupulous shipowners and inept flag States can no longer continue to engage in unfair competition by effectively sanctioning substandard working conditions.

Although the MLC, 2006 is a technical Convention, the life and well-being of the world’s 1.6 million seafarers depends on its proper application. Indeed, the Convention sets out seafarers’ right to decent conditions of work with regard to almost every aspect of their working and living conditions, including minimum age, employment agreements, hours of work, and social security. The Convention also provides that every foreign ship calling, in the normal course of its business or for operational reasons, in the port of an ILO Member State may be the subject of inspection in accordance with Article V, paragraph 4, for the purpose of reviewing compliance with the Convention.

Therefore, it is no surprise that the application of this Convention has significantly improved the lives of the world’s seafarers, a group of workers who are often out of sight, out of mind.

It is within this context that we examine Maldives’ application in law and in practice of the MLC, 2006, which it ratified in 2014, together with the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185). We note that 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.

The MLC, 2006 and Convention No. 185 are the only two Conventions which Maldives has ratified in addition to the core Conventions. This demonstrates the desire of the Government to protect seafarers’ rights and the importance it places on the MLC, 2006 as a maritime nation.

From the public data available, we understand that 81 ships fly the Maldivian flag and that there are roughly 650 seafarers in the merchant marine. With over US$2.8 billion in merchandise imports in 2019 and Maldives acting as a significant cruise hub, seafarers from all over the world also call at its ports. So, we welcome the submission of the first report of the Government during this session of the Conference, but regret the inexcusable delay and the fact that the Committee of Experts could not have an opportunity to comment on the Government’s report.

Despite the many innovative features of the MLC, 2006, including an elaborate inspection regime by port States, the usual oversight role taken by the Committee of Experts in reviewing Members States’ national implementation of the Convention remains a critical and essential part of effective application.

We recall that the very essence of the ILO supervisory system is the dialogue between its constituents at the national and international level. This dialogue is based on information provided on the application of Conventions in law and in practice. Failure to submit reports, comments or replies severely undermines the supervisory system and the very functioning of the ILO.

Even in the absence of the first report, the Committee examined the application of the Convention by Maldives. Unfortunately, the Committee of Experts was only able to make an observation based on an analysis of the Employment Act of 2008. The Committee of Experts concluded that while “crew of sea going vessels” are excluded from the provisions on working time, the rest of the provisions of the Act appear to apply to seafarers. Even if this were the case, the very detailed requirements of the MLC, 2006 relating to the working and living conditions of seafarers require specific and thorough implementation at the national level.

The MLC, 2006 provides that implementation of seafarers’ employment and social rights under the Convention may be achieved through national laws and regulations, through applicable collective bargaining agreements or through other measures or in practice, unless the Convention specifies otherwise by, for example, requiring countries to adopt national laws and regulations to implement certain provisions of the Convention.

Further, ships of ratifying Member States, including Maldivian-flagged vessels, are required to carry a Maritime Labour Certificate and a Declaration of Maritime Labour Compliance (DMLC) on board. The DMLC must not only “identify the national requirements embodying the relevant provisions of this Convention by providing a reference to the relevant national legal provisions” but also provide, “to the extent necessary, concise information on the main content of the national requirements”. Flag States are also expected to ensure that national laws and regulations implementing the Convention’s standards are respected on smaller ships, including those that do not go on international voyages and are not covered by the certification system. This provision is especially important in the Maldivian context given the geographic composition of the country and its reliance on maritime transport. Also, without adequate national implementation of the Convention, it is unclear how Maldivian port State inspectors can carry out effective ship inspections in line with the MLC, 2006.

It is evident that the need for the proper transposition of the international labour standards at the national level is even more important when it comes to the MLC, 2006. It is therefore imperative that governments urgently put in place a process to ensure the adequate national implementation of the Convention in consultation with the social partners.

Finally, as we heard from the Chair of the Committee of Experts and the International Transport Workers’ Federation (ITF) at the first session of our Committee, at the peak of the COVID-19 pandemic, there were approximately 400,000 seafarers trapped working aboard ships due to the so-called crew change crisis caused by pandemic-related government border and travel restrictions. This crisis is still going on. There is still widespread non-compliance with the MLC, 2006, a vital instrument for the world’s seafarers. Our Committee needs to send a strong message that its effective implementation requires ratifying Member States to comply with their obligations, including those related to reporting and national implementation.

Employer members – As the Worker spokesperson has noted, this is the first time the Committee has discussed the application of the MLC, 2006 with respect to Maldives. Maldives has ratified all eight fundamental Conventions, as well as Convention No. 185. The MLC, 2006, which was ratified by Maldives in August 2014, was adopted at the 94th (Maritime) Session of the International Labour Conference in 2006. The Convention consolidates almost all earlier maritime instruments adopted since the inception of the ILO in 1919. It was the product of five years’ work carried out as a tripartite process involving governments, seafarers’ trade unions and shipowners’ organizations.

The Convention entered into force in August 2013 and so far has been amended on three occasions – in 2014, 2016 and 2018 – in order to keep up with the needs of the shipping sector. This arguably makes it the most up-to-date and dynamic of any ILO instrument. As of June 2021, it has been ratified by 98 countries representing more than 91 per cent of the world gross tonnage of ships.

As Conventions go, the MLC, 2006 is unique in its structure. It comprises three different but related parts: the Articles, the Regulations and the Code. The Articles and Regulations set out the core rights and principles and the basic obligations of Members ratifying the Convention. The Articles and Regulations can only be changed by the Conference in the framework of article 19 of the Constitution of the ILO. The Code contains the details for the implementation of the Regulations. It comprises Part A (mandatory Standards) and Part B (non-mandatory Guidelines). The Code can be amended through the simplified procedure set out in Article XV of the Convention. Since the Code relates to detailed implementation, amendments to it must remain within the general scope of the Articles and Regulations. The Regulations and the Code are organized into general areas under five Titles: Title 1: Minimum requirements for seafarers to work on a ship; Title 2: Conditions of employment; Title 3: Accommodation, recreational facilities, food and catering; Title 4: Health protection, medical care, welfare and social security protection; and Title 5: Compliance and enforcement.

There are three underlying purposes of the Convention: first, to lay down, in its Articles and Regulations, a firm set of rights and principles; second, to allow, through the Code, a considerable degree of flexibility in the way Members implement those rights and principles; and third, to ensure, through Title 5, that the rights and principles are properly complied with and enforced.

I have spent some time on this introduction in order to emphasize how important the MLC, 2006 is to global maritime activities. That so much work has gone into its creation, amendment and upkeep makes cases of non-reporting all the more significant.

We note with pleasure Maldives’ announcement that it has just sent its first report, and indeed the Committee of Experts has noted it has taken four consecutive years for this to happen. The delay in submitting its first report is most concerning to the Employer members. First reports are particularly important to the reporting process as they are expected to provide detailed information on all implementation aspects and thus to enable supervisory bodies to make a first in-depth assessment of the state of application after ratification. Without a first report providing complete information, there can be no ILO supervision of a ratified Convention. Let me stress again that, under article 22 of the Constitution, governments of Member States have an obligation to send reports on the application of ratified Conventions to the ILO and to communicate copies of their reports to representatives of employers’ and workers’ organizations. Compliance with this obligation is of the essence to ensure proper supervision by the ILO Committee of Experts and the tripartite Committee on the Application of Standards.

Employer members take note that the Committee of Experts, as a temporary makeshift solution, examined the application of the Convention on the basis of publicly available information. The Committee of Experts noted the following:

In its report on Convention No. 185, the Government mentions that, following Law No. 35/2015 (First Amendment to Maldives Maritime Navigation Act), the power to make regulations related to maritime labour was delegated to the Minister.

The Government also indicates that the High Court of the Republic of Maldives in Case No. 2010/HC-A/62, emphasized the need for a specific legal regime for seafarers.

The Maldives Maritime Navigation Act No. 69/78, as amended, is not available in English and only a few Maldivian laws are available in English.

It emerges from this that no regulations have been completed yet and the analysis of the implementation of the Convention has mainly been based on the Employment Act of 2008, which does not seem to be fully compliant with the MLC, 2006.

The Employer members also note with surprise that there has been no technical assistance from the Office regarding the application by Maldives of the MLC, 2006. The International Chamber of Shipping (ICS) has also noted that it has been very difficult to engage with Maldives. Maldives has not attended meetings and it has not responded to requests from the ILO. The Employer members wish to stress once more, that countries should only ratify ILO Conventions when they have assured themselves that they have both the ability to implement and the ability to report on the application in law and in practice of a Convention.

The ILO should clarify this expectation in implementing its ratification campaigns, such as on the MLC, 2006, and offer pre-ratification assistance if necessary. Ratifying without even having the capacity to report on implementation of a Convention, let alone to implement the Convention, in the long term undermines confidence in the validity of international commitments under ratified ILO Conventions.

Having said this, the Employer members urge the Government: to send, at its earliest convenience, all further information necessary to support its first report on the application of the MLC, 2006, providing to the Committee of Experts detailed information on the implementation of the Convention; to take all necessary measures to ensure its national legislation and practice are compliant with the Convention and to provide information on any developments in this regard; and, lastly, to request technical assistance from the Office, if need be, with a view to better meeting its commitments under the MLC, 2006.

The Employers trust that the Government will take all necessary steps and make all the necessary efforts to comply with its agreed commitments.

Worker member, Maldives – Maldives ratified the MLC, 2006 in 2014, a year after Maldives ratified all eight core Conventions of the International Labour Organization in 2013. Until now, no legislation or regulation has been passed to enact the Conventions into law. Maldives promulgated a new Constitution with many fundamental rights guaranteed in 2008 and became a Member State of the ILO in 2009.

The only legislation on the maritime industry is the Maldives Maritime Navigation Act No. 69 of 1978. This law was amended in 2015, as Law No. 35/2015 (First Amendment). The 2015 amendment obliges the Transport Minister to draw up 27 new regulations regarding the maritime-related areas within three months after the amendment has been passed. This includes the Regulations on Safety, Health and Welfare of Crew Members. The amendment also obliges the Minister to propose a Regulation on Implementation of International Conventions and Treaties that Maldives has ratified, under section 5(b)(25) of the law.

However, we have not seen, nor have we been consulted on, the drafting of any regulation related to the maritime industry. Neither a law nor a regulation has been promulgated to enact the MLC, 2006. Moreover, there is no established social dialogue platform of any kind in Maldives where workers can be represented and raise their concerns. Workers working in the maritime industry, the crews of seagoing vessels, are excluded from the only piece of legislation that protects individual employees’ basic rights in Maldives.

The majority of our domestic transport sector workforce has undocumented migrants from Bangladesh without any form of agreements with the employers in most cases.

The Employment Act of 2008 has been amended various times. The last amendment, the sixth amendment, was made during the peak of the pandemic in September 2020. Workers’ organizations requested to amend section 34 of the law and to include the transport sector workers in the law. However, the amended law still excludes the workers from basic rights such as working hours, overtime payments and working on public holidays. Sadly, the amendment is mainly about easing the redundancies of workers without justifiable or fair reasons, and postponement of a minimum wage in Maldives.

The Employment Act does not cover matters related to trade union recognition, collective agreements, grievance and dispute procedures, and other issues related to trade union and collective bargaining rights. Workers associations are still registered under the Associations Act, 2003, as of today. Moreover, the Freedom of Peaceful Assembly Act, 2013, abolishes the rights of workers to exercise fundamental rights, such as freedom of assembly as guaranteed by the Constitution.

Without the right to strike, without collective bargaining rights, there is no way that workers through their unions could challenge the employers to ensure that every redundancy is necessary, justified, and unavoidable. Instead, employers – including the Government as an employer – could unilaterally declare redundancies. Hundreds of unjustified, unnecessary redundancies went unchallenged.

In the years prior to the pandemic, the Committee of Experts made several recommendations and requests to the Government of Maldives in relation to Case No. 3076 involving the violation of 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) in Maldives. The ILO Committee on Freedom of Association has made several recommendations. Again and again, we saw concerns raised about the failure of the Government to report.

We note that the Government just submitted its first report on the MLC, 2006, during this session of the Conference. We very much regret the long delay and the fact that the Committee of Experts could not have an opportunity to comment on the Government’s report.

The Committee of Experts has repeatedly expressed its concerns with the lack of progress of the Government in establishing, in both national law and practice, a sound legal framework to fulfil its obligations under international labour standards, including the fundamental Conventions, Recommendations, and Protocols.

In June 2013, the ILO provided technical assistance to the Government to establish the Industrial Relations Act, a legal framework that would help redress the tremendous imbalance of power between employers and workers, protect fundamental human rights in accordance with international labour standards, and ensure a decent, fair process with which employers and workers resolve their conflicting interests and which, if working well, establishes the mutual respect needed to work together.

More than anything, employers and workers’ unions have needed to work together, especially in this pandemic, the worst global health crisis in 100 years. Instead, workers in the private sector are left exposed and unprotected, and employers are allowed to act unilaterally to shift as much of the burden of this crisis onto workers as possible. Many employers are doing that.

We urgently need laws that protect the rights of workers and trade unions. We need to have laws that rebalance the great inequality of power and wealth in our society. We need laws and regulations that establish and protect the collective bargaining rights needed by the workers, including the seafarers, without distinction of nationality, to deliver decent work, better wages, and lift families out of poverty. We need collective bargaining for social justice, and more than ever before, we need the internationally recognized labour standards promoted by the ILO to be implemented in law and in practice to weather this storm together, and build back better.

Worker member, Japan – Maldives ratified the MLC, 2006 in 2014 to ensure that every seafarer has the right to a safe and secure workplace. However, until now, no legislation has been passed to make the provisions of the Convention effective nationally. Likewise, no report has been submitted by the Government on the application of the Convention for the fourth consecutive year, just until now. We understand that the Government has just submitted the report, which is too late for the Committee of Experts and us to comment on, to our deep regret.

We want to call on the Government of Maldives to adopt without further delay the necessary measures to give effect to the provisions of the Convention.

Mr Juan Somavia, in a 2006 speech as ILO Director-General when the MLC, 2006 was adopted, said that “quality shipping cannot be achieved without decent conditions for those who work and live on the ship”. It means that the human dimension of the industry must be valued in the same way as the physical and environmental dimension.

But the situation we are facing gives us a different story in Maldives. The Committee of Experts also noted that section 34(a) of the Employment Act of 2008 excludes the “crew of sea going vessels” – a category of workers in the maritime industry – from the provisions on working time.

Excluding these workers from the safeguards of the current Employment Act on working time exposes them to long working hours, which can negatively affect their mental, social and physical well-being. Long working hours is also a significant contributory factor to many accidents in the maritime industry.

Let me also note that the majority of the Maldivian domestic transport sector workforce are undocumented migrants from Bangladesh who are, in most cases, not covered by any formal employment arrangement. Hence, they are not covered by any form of labour protection related to working hours.

The ratification of the Convention is one thing, but unless it is coupled with the relevant laws to implement the Convention, the ratification loses its value. The Government is urged to ensure that the workers in the maritime industry, particularly the so-called “crew of sea going vessels”, are adequately protected under Maldives’ country legislation according to the MLC, 2006, which the Government ratified.

Observer, International Transport Workers’ Federation (ITF) – I speak on behalf of the ITF, the National Trade Union Congress of Singapore, the Australian Council of Trade Unions and the Commonwealth Trade Union Group.

The examination of the MLC, 2006 by our Committee for the first time is – dare I say – a special moment for the world’s 1.6 million seafarers. It took over five years of international tripartite consultation to develop an instrument designed to achieve near universal ratification. We managed to embed in international law strong labour standards for seafarers and a unique enforcement mechanism in an industry that is notorious for poor employment practices, including abandonment and forced labour.

Despite the Convention’s innovations, the review of national implementation of the MLC, 2006 by the Committee of Experts, and indeed our own Committee, remains fundamental to its proper application in law and in practice. From this perspective, today is a special day.

It is extremely concerning that there appear to be no national implementation measures in Maldives eight years after ratification. This has an adverse impact on seafarers working on board Maldivian-flagged vessels and the thousands of seafarers that call at Maldivian ports every year.

In terms of reporting, we welcome the Government’s statement that it has just submitted its first report – albeit five years after the original deadline – and we also trust that the social partners were consulted in this regard.

The Committee of Experts have noted that while seafarers are excluded from the provisions on working time of the Employment Act of 2008, the rest of the Act appears to apply to them. This is not good enough for seafarers. Indeed, section 34 of the Employment Act excludes seafarers from Chapter 4, which covers hours of work, dismissal, wages and financial benefits, and entitlement to leave. Other provisions on the minimum age of work also appear not to be in line with the MLC, 2006, for example, in relation to ships’ cooks where the MLC, 2006 requires that seafarers be at least 18 years of age.

Further, the detailed MLC, 2006 requirements relating to seafarers’ employment agreements, accommodation, medical care, and protection against abandonment, among other things, are not covered in the Employment Act. The same applies for remedy mechanisms, including those relating to on-board and shore-based complaints procedures. Regarding flag State and port State inspections, it is unclear whether there are any national procedures that would ensure effective enforcement.

We understand that in 2015 the Minister for Economic Development was given power to make regulations in relation to maritime labour, but that no action has been taken. However, we are heartened by the Government’s request for ILO technical assistance in this regard. We trust that the Government will transpose the MLC, 2006 into national legislation, in consultation with the social partners, without delay.

Government representative – Thank you, delegates, for your valuable contributions and recommendations. The Government of Maldives stands ready to work closely with the ILO and our partners in implementing the provisions of the MLC, 2006, and to ensure that our reporting obligations under the Convention are updated and compliant in the future.

We will make every effort to ensure that the technical and administrative set-ups necessary for implementing the Convention are established at both the Maritime Administration of Maldives and the Maldives Transport Authority, with meetings at the Ministry of Economic Development. We also take note of the recommendations made by the Committee and the constituents. We look forward to a constructive engagement with the relevant departments of the ILO in the coming weeks and months as we commence our work towards full implementation of the Convention.

Employer members – We have listened carefully to the discussion and thank all the speakers who have taken the floor and we thank again the Government representative for engaging with the Committee and providing us with up-to-date information on this case.

We reiterate that the MLC, 2006 provides international standards for the world’s genuinely great global industry. We repeat that first reports are vital to provide the basis to start a timely dialogue between the Committee of Experts and the ILO Member States on the application of a ratified Convention, and we reiterate that before ratifying Conventions, it is important for governments to make sure that they not only have in place the capacity to implement the respective Conventions, but also the capacity to meet their regular reporting obligations.

In that regard, the Employer members invite the Government of Maldives to take all necessary measures to ensure compliance of its legislation and practice with the MLC, 2006; to provide full information regarding the application in law and in practice of the Convention in Maldives; and to avail itself of technical assistance from the ILO as soon as possible.

Worker members – We thank the Government of Maldives for its comments. We also thank the speakers who took the floor for their contribution to the discussion.

As we have heard today, the effective application of the MLC, 2006 requires thorough national implementation in consultation with the social partners. To this end, all the workers of Maldives have signalled their intention to cooperate meaningfully with the Government.

We note that the Convention seeks to be “firm on rights and flexible on implementation”, meaning that the MLC, 2006 sets out the basic rights of seafarers to decent work, but leaves a large measure of flexibility to ratifying countries as to how they will implement these standards for decent work in their national laws. This flexibility should allow the Government to implement the Convention as relevant to its shipping sector. Of course, any such flexibility must be exercised in consultation with the social partners, with any determinations that are made reported to the ILO.

We also recall the importance of Article 3 of the Convention regarding fundamental principles and rights at work. The Government must satisfy themselves that the provisions of their national legislation respect fundamental rights, in the context of the MLC, 2006, and report to the Committee of Experts accordingly.

We support the Government’s request for ILO technical assistance and hope that this can be arranged before the next session of the Conference. In this regard, we note that the report form for the MLC, 2006 has helpfully been modified to take into account the amendments to the Code of the Convention.

As a general point, we also note that several maritime-related instruments will either be abrogated or withdrawn at this year’s session of the Conference with the remaining ones subject to the same treatment by 2030. As per the Special Tripartite Committee’s request, we call on the Office to promote the ratification of the MLC, 2006 on a priority basis with Member States bound by these Conventions and to follow up with technical assistance as appropriate.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government representative and the discussion that followed.

The Committee noted the critical importance of effective national implementation of the Maritime Labour Convention, 2006, as amended (MLC, 2006), and the need for ratifying Member States to ensure they meet their regular reporting obligations.

Taking into account the discussion, the Committee urges the Government of Maldives to take all necessary measures, in consultation with the social partners, to:

• ensure full compliance of its law and practice with the MLC, 2006;
• provide full information regarding the application in law and in practice of the MLC, 2006; and
• fully comply with its reporting obligations.

The Committee requests the Government to avail itself of the ILO technical assistance to effectively implement these conclusions.

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

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.]

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)

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.]

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

The Committee notes that Maldives has ratified the eight fundamental Conventions, as well as the Seafarers' Identity Documents Convention (Revised), 2003, as amended (No. 185). It further notes that 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. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2016 entered in force for the country on 8 January 2019. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers' Federation (ITF) and of the International Chamber of Shipping (ICS), received by the Office on 1 October 2020 and 26 October 2020 respectively, 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 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 on this issue.

Noting that no information is available on the application of the following provisions of the Convention, the Committee requests the Government to provide detailed information on the implementation of the following matters, based on the questions in the report form :

The competent authority having power to issue and enforce regulations in respect of subject matters covered by the Convention (Article II, paragraph 1(a));

• -the shipowners’ and seafarers’ organizations that the competent authority consult on matters relating to the implementation of the Convention (Article VII);
• -the definition of “seafarer” under the legislation implementing the Convention, specifying whether cases of doubt have arisen as to if any categories of persons are to be regarded as seafarers (Article II, paragraphs 1(f), 2 and 3);
• -the definition of a ship under national law and whether cases of doubt have arisen as to if a vessel or a particular category of vessels are to be regarded as ships covered by the Convention; in the case of ships under 200 GT not engaged in international voyages, information on measures to apply differently certain details of the Code (Article II, paragraphs 1(i), 4, 5 and 6);
• -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);
• -the implementation of: Regulation 1.2 and Standard A1.2 (medical certificate); Regulation 1.3 (training and qualification); Regulation 1.4 and Standard A1.4 (recruitment and placement); Standard A2.1, paragraphs 1(b), (d) and (e) and 2 (seafarers’ employment agreements); Regulation 2.3 and the Code (hours of work and hours of rest); Regulation 2.4, paragraph 2 (shore leave); Regulation 2.5, Standard A2.5and Guideline 2.5 (repatriation); Regulation 2.6 and the Code (seafarer compensation for the ship’s loss or foundering); Regulation 2.7 and the Code (manning levels); Regulation 2.8 and Standard A2.8 (career and skill development and opportunities for seafarers’ employment); Regulation 3.1 and Standard A3.1 (accommodation and recreational facilities); Regulation 3.2 and the Code (food and catering); Regulation 4.1 and the Code (medical care on board ship and ashore); Regulation 4.2 and Standard A4.2 (shipowner’s liability); Regulation 4.3 and the Code (health and safety protection and accident prevention); Regulation 4.4 and Standard A4.4 (access to shore-based facilities); Regulation 4.5 and the Code (social security); Regulation 5.1 (Regulations 5.1.1, 5.1.2, 5.1.3, 5.1.4, 5.1.5 and 5.1.6 and the Code) (flag State responsibilities); Regulation 5.2 (Regulations 5.2.1 and 5.2.2 and the Code).

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. The Committee notes 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 requests 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.

Regulation 1.1 and Standard A1.1, paragraph 2. Minimum age. Night work. The Committee notes that under section 9(b) of the Employment Act, a minor shall not be required to work after 11pm at night. It recalls that under Standard A1.1, paragraph 2, night work of seafarers under 18 years shall be prohibited. 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 indicate how night is defined pursuant to Standard A1.1, paragraph 2 of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes that under section 7(a) of the Employment Act, no minors (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. It also notes the Government's information regarding the application of the Minimum Age Convention, 1973 (No. 138), that specific types of hazardous work have not been identified. The Committee recalls that under Standard A1.1, paragraph 4, the types of hazardous work for seafarers under 18 years of age shall be determined by national legislation or by the competent authority, after consultation with the shipowners' and seafarers' organizations concerned. The Committee requests the Government to take the necessary measures to ensure compliance with Standard A1.1, paragraph 4 of the Convention and to provide information in this regard.

Regulation 2.1 and Standard A2.1, paragraph 1(a). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. The Committee notes that section 13(b) of the Employment Act requires a written employment agreement between the employer and the employee. The Committee recalls that Standard A2.1, paragraph 1(a) of the Convention requires that seafarers’ employment agreements (SEAs) are signed by both the seafarer and the shipowner (or a representative thereof), regardless of whether the latter is the employer of the seafarer. Standard A2.1, paragraph 1(c) requires that the shipowner and seafarer concerned shall each have a signed original of the SEA. The Committee requests the Government to indicate how it gives full effect to Standard A2.1, paragraph 1(a) and (c) of the Convention, reproducing the relevant national provisions or a summary thereof.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee notes that section 13 of the Employment Act regulates matters to be included in the employment agreement. It notes that a number of matters to be included in the SEA pursuant to Standard A2.1, paragraph 4, are not listed under section 13 of the Employment Act, such as details on the shipowner, capacity in which the seafarer is to be employed, conditions of termination of employment, health and social security benefits, seafarer's entitlement to repatriation. The Committee requests the Government to indicate the national provisions giving full effect to Standard A2.1, paragraph 4 of the Convention, reproducing their text or a summary thereof.

Regulation 2.1 and Standard A2.1, paragraphs 5 and 6. Seafarers’ employment agreement. Minimum notice period for termination. Shorter notice period for urgent reasons. The Committee notes that the Employment Act regulates termination of employment and notice periods for early termination of employment agreements of indefinite duration (sections 22 et seq.). Under section 22, the shorter minimum period of notice is two weeks for a period of employment of between six months and one year. The Committee notes that such provision does not appear to take into consideration the specificities of seafarers, who are likely to be employed for a period of less than six months. The Committee also observes that the Convention does not allow the waiver by the seafarer to the right to be given notice of termination (section 22 of the Employment Act), nor provides for payment in lieu of notice (section 25 of the Employment Act). It observes therefore that the above provisions of the Employment Act are not in full conformity with the Convention. The Committee requests the Government to indicate the measures taken to ensure full compliance with Standard A2.1, paragraph 5 of the Convention, reproducing the relevant national provisions or a summary thereof. The Committee further notes that the Employment Act only provides for termination without notice in case of dismissal by the employer for reasonable grounds (section 23). 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. It requests the Government to provide information in this regard.

Regulation 2.2 and Standard A2.2, paragraph 2. Wages. Monthly account of payments. The Committee notes that section 53 of the Employment Act provides for the requirement to provide a statement - or including in a register signed by the employee - information regarding the total wage paid to the employee, details and reasons of any deductions. The Committee recalls that Standard A2.2, paragraph 2 provides that the monthly account of payments shall also include information on the rate of exchange used when the payment has been made in a currency or at a rate different from the one agreed to. The Committee requests the Government to indicate the national provisions giving full effect to Standard A2.2, paragraph 2 of the Convention, reproducing their text or a summary thereof.

Regulation 2.2 and Standard A2.2, paragraphs 3, 4 and 5. Wages. Allotments. The Committee notes that section 50(b) of the Employment Act allows payments to be made to a person nominated by the employee. The Committee recalls that Standard A2.2, paragraph 4 of the Convention requires the adoption of measures to ensure that seafarers are able to transmit their earnings to their families, in particular by allotting a proportion of their wages for remittance at regular intervals to their families by bank transfers or similar means. Allotments should be remitted in due time and directly to the person or persons nominated by the seafarers. Standard A2.2, paragraph 5 provides that any charge for the transferral of wages shall be reasonable in amount, and the rate of currency exchange, unless otherwise provided, shall, in accordance with national laws or regulations, be at the prevailing market rate or the official published rate and not unfavourable to the seafarer. The Committee requests the Government to indicate how it ensures full conformity with Standard A2.2, paragraphs 4 and 5 of the Convention, reproducing the text of the relevant national provisions or a summary thereof.

Regulation 2.4 and Standard A2.4, paragraph 2. Entitlement to leave. Minimum paid annual leave. Method of calculation. The Committee notes that under section 39 of the Employment Act, upon completion of one year of employment, an employee is entitled to thirty days of paid annual leave. The Committee recalls that annual paid leave shall be calculated on the basis of a minimum of 2.5 calendar days per month of employment (Standard A2.4, paragraph 2) and that, according to Guideline B2.4.1, paragraph 3, for seafarers employed for periods shorter than one year or in the event of termination of the employment relationship, entitlement to leave should be calculated on a pro-rata basis. The Committee requests 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.

Documents requested. The Committee requests the Government to provide the following documents and information :: an example of the standard wording in medical certificates in English (Standard A1.2, paragraph 10); in English: i) an example of the approved document for seafarers’ record of employment (Standard A2.1, paragraphs 1 and 3); ii) the standard form or an example of a seafarers’ employment agreement (Standard A2.1, paragraph 2(a)); iii) the relevant portion of any applicable collective bargaining agreement (Standard A2.1, paragraph 2(b)); a copy of the approved standardized table for shipboard working arrangements (Standard A2.3, paragraphs 10 and 11); a copy in English of: i) the standard form established by the competent authority for the recording of seafarers’ daily hours of work or their daily hours of rest (Standard A2.3, paragraph 12); ii) any authorized or registered collective agreement provisions that establish seafarers’ normal working hours or permit exceptions to the established limits (Standard A2.3, paragraphs 3 and 13); iii) the provisions on seafarers’ entitlement to repatriation in any applicable collective bargaining agreements (Standard A2.5, paragraph 2); an example of the kind of documentation that is 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), together with information showing the type of ship concerned, its gross tonnage and the number of seafarers normally working on it; an example of the standard medical report form for seafarers (Standard A4.1, paragraph 2); a copy of the requirements for the medicine chest and medical equipment and for the medical guide (Standard A4.1, paragraph 4(a)); an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Standard A4.2, paragraph 1(b); an example of a document (e.g. Part II of the DMLC outlining a shipowner’s practices or on-board programmes (including risk evaluation) for preventing occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8); a copy of the relevant national guidelines (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)); a list of all seafarers’ shore-based welfare facilities and services, if any, operating in your country and a copy of a report or review prepared by a welfare board, if any, on the welfare services; a report or other document containing information on the objectives and standards established for your country’s inspection and certification system, including the procedures for its assessment; the following statistical information: i) number of ships flying your country’s flag that were inspected during the period covered by next report for compliance with the requirements of the Convention; ii) number of inspectors, appointed by the competent authority or by a duly authorized recognized organization, carrying out those inspections during the period covered by next report; iii) number of full-term (up to five years) maritime labour certificates currently in force; iv) number of interim certificates issued during the period covered by next report in accordance with Standard A5.1.3, paragraph 5; an example or examples of authorizations given to recognized organizations (Regulation 5.1.1, paragraph 5; Regulation 5.1.2, paragraph 2); a copy of the standard Maritime Labour Certificate, including Part I of the Declaration of Maritime Labour Compliance (DMLC) as well as an example or examples of Part II of the DMLC which have been prepared by a shipowner and have been accepted by your country, when certifying a ship or ships; in English, a copy of the national interim maritime labour certificate; a copy of the annual reports on inspection activities that have been issued in accordance with Standard A5.1.4, paragraph 13, during the period covered by next report; a standard document issued to or signed by inspectors setting out their functions and powers (Standard A5.1.4, paragraph 7); 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); a copy of any documentation that is available informing seafarers and interested others about the procedures for making a complaint (in confidence) regarding a breach of the requirements of the Convention (including seafarers’ rights) (Standard A5.1.4, paragraph 5); a copy of your country’s model for on-board complaint procedures, if developed, or of typical procedures that are followed on ships that fly its flag; a copy of any national guidelines issued to inspectors in implementation of Standard A5.2.1, paragraph 7; 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 MLC, 2006 (including seafarers’ rights); a copy of a document, if any, that describes the onshore complaint-handling procedures.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep regret that the Government has failed to submit its first report on the application of the Convention for the fourth consecutive year. As the requested report was not received, the Committee examined the application of the Convention on the basis of publicly available information.

Article I. General questions on application. Implementing measures. The Committee notes that, in its report on the Seafarers' Identity Documents Convention (Revised), 2003, as amended (No.185), the Government mentions that, following Law No. 35/2015 (First Amendment to Maldives Maritime Navigation Act No. 69/78), “power to make regulations related to maritime labour was delegated to the Minister”. However, no regulations have been completed yet. In the same report, the Government also indicates that the High Court of the Republic of Maldives in its Case Number 2010/HC-A/62 significantly emphasized “the need for a specific legal regime for seafarers. As per the mentioned judgement, if normal employment laws are applied on seafarers, the law would fail to protect their rights as they have specific employment conditions arising from their unique working environment”.

The Committee notes that the Maldives Maritime Navigation Act No. 69/78, as amended, is not available in English and that only a few Maldivian laws are available in English. Therefore, the analysis of the implementation of the Convention has mainly been based on the Employment Act of 2008. In this regard, the Committee notes that section 34(a) of this Act excludes “crew of sea going vessels” from the provisions of the Chapter on working time. The Committee accordingly understands that the rest of the provisions of the Employment Act are applicable to seafarers. The Committee requests the Government to adopt without delay the necessary measures to give effect to the provisions of the Convention and to provide information on any developments in this regard. It further requests the Government to supply copies in English of the relevant legislation, or a summary of the relevant provisions thereof. The Committee reminds the Government that it may avail itself of the technical assistance of the Office in this regard.

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

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

The Committee deeply regrets to note that the Government has failed to submit its first report on the application of the Convention for the third consecutive year. The Committee draws the Government’s attention to the fact that if the requested report is not received on time (before 1 September 2020) for examination by the Committee at its next session, it will proceed to review the application of the Convention on the basis of publicly available information. The Committee emphasizes the particular importance of the first report, which provides the basis for the initial assessment of the implementation of the Convention both in law and in practice. The Committee is aware that, where no report has been sent for some time, it is likely that administrative or other problems are at the origin of the difficulties encountered by the Government in fulfilling its constitutional obligations. In such cases, it is important for governments to request technical assistance from the Office and for such assistance to be provided rapidly. The Committee requests the Government to adopt the necessary measures to implement the Convention without delay and to submit the requested first report for its examination at its next session. The Committee reminds the Government that it may avail itself of the technical assistance of the Office.

[The Government is asked to send a detailed report in 2020.]