Interim Report - Report No 381, March 2017

Case No 3076 (Maldives) - Complaint date: 08-APR-14 - Follow-up

Allegations: Disproportionate police force used against striking workers; arbitrary arrest of TEAM members and leaders; unfair dismissal of nine workers including TEAM leaders who participated and led a strike. The complainant reports that despite a definitive court judgment in their favour, the dismissed workers have not been reinstated in their positions more than four years after their dismissal

1. 496. The Committee last examined this case at its October 2015 meeting, when it presented an interim report to the Governing Body [see 376th Report, paras 729–750, approved by the Governing Body at its 325th Session].
2. 497. Since there has been no reply from the Government, the Committee has been obliged to postpone its examination of the case on three occasions. At its meeting in October 2016 [see 380th Report, para. 8], the Committee issued an urgent appeal to the Government indicating that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body, it could present a report on the substance of the case even if the information or observations requested had not been received in due time. To date, the Government has not sent any information.
3. 498. The Republic of Maldives has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 499. At its October 2015 meeting, the Committee made the following recommendations [see 376th Report, para. 750]:
   • (a) The Committee regrets that, despite the time that has elapsed since the complaint was presented in April 2014, the Government has still not replied to the complainant’s allegations, despite having been invited on several occasions to do so, including by means of an urgent appeal [see 375th Report, para. 8]. The Committee urges the Government to provide its observations on the complainant’s allegations without further delay.
   • (b) The Committee urges the Government to conduct an independent investigation as to the grounds for the arrest and detention of TEAM members on the three abovementioned occasions, and, should it appear that they have been arrested because of their trade union activities, to hold those responsible into account and take the necessary measures to ensure that the competent authorities receive adequate instructions not to resort to arrest and detention of trade unionists for reasons connected to their union activities in the future. The Committee requests the Government to keep it informed of the measures taken in this regard.
   • (c) The Committee urges the Government to take all the necessary steps for the immediate enforcement of the sentence ordering the reinstatement of TEAM leaders and the payment of the remaining back wages, and to keep it informed of the steps taken in this regard.
   • (d) The Committee urges the Government to conduct an independent inquiry into the allegations of excessive force used by the police in this case, and ensure that adequate instructions are given so that such situations do not occur in the future. The Committee requests the Government to keep it informed of developments.
   • (e) The Committee requests the Government to solicit information from the employers’ organizations concerned, with a view to having at its disposal their views, as well as those of the enterprise concerned, on the questions at issue.

B. The Committee’s conclusions

1. 500. The Committee regrets that, despite the time that has elapsed since the last examination of the complaint in October 2015, the Government has once again not replied to the complainant’s allegations even though it has been requested several times to do so, including through an urgent appeal [see 380th Report, para. 8]. The Committee urges the Government to provide its observations on the complainant’s allegations without further delay and to be more cooperative in the future. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office.
2. 501. Hence, in accordance with the applicable procedural rules [see 127th Report, para. 17, approved by the Governing Body at its 184th Session], the Committee is obliged to present a report on the substance of the case without being able to take account of the information which it had hoped to receive from the Government.
3. 502. The Committee reminds the Government that the purpose of the whole procedure established by the International Labour Organization for the examination of allegations of violations of freedom of association is to promote respect for this freedom in law and in fact. The Committee remains confident that, if the procedure protects governments from unreasonable accusations, governments, on their side, will recognize the importance of presenting, for objective examination, detailed replies concerning allegations made against them [see First Report of the Committee, para. 31].
4. 503. Under these circumstances, recalling that this case refers to events that took place between November 2008 and May 2013 and concerns allegations of disproportionate use of police force against striking workers, repeated arrest and detention of TEAM leaders, their unfair dismissal, and non-enforcement of the court ruling ordering their reinstatement without loss of pay, the Committee finds itself obliged to reiterate the conclusions and recommendations it made when it examined this case at its meeting in October 2015 [see 376th Report, paras 729–750].

The Committee’s recommendations

1. 504. In light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee regrets that, despite the time that has elapsed since the last examination of the complaint in October 2015, the Government has once again not replied to the complainant’s allegations even though it has been requested several times to do so, including through an urgent appeal. The Committee urges the Government to provide its observations on the complainant’s allegations without further delay and to be more cooperative in the future. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office.
   • (b) The Committee urges the Government to conduct an independent investigation as to the grounds for the arrest and detention of TEAM members on the three mentioned occasions (December 2008, April 2009 and May 2013) and, should it appear that they have been arrested because of their trade union activities, to hold those responsible into account and take the necessary measures to ensure that the competent authorities receive adequate instructions not to resort to arrest and detention of trade unionists for reasons connected to their union activities in the future. The Committee requests the Government to keep it informed of the measures taken in this regard.
   • (c) The Committee urges the Government to take all the necessary steps for the immediate enforcement of the sentence ordering the reinstatement of TEAM leaders and the payment of the remaining back wages, and to keep it informed of the steps taken in this regard.
   • (d) The Committee urges the Government to conduct an independent inquiry into the allegations of excessive force used by the police in this case, and ensure that adequate instructions are given so that such situations do not occur in the future. The Committee requests the Government to keep it informed of developments.
   • (e) The Committee requests the Government to solicit information from the employers’ organizations concerned, with a view to having at its disposal their views, as well as those of the enterprise concerned, on the questions at issue.