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

Convention (n° 138) sur l'âge minimum, 1973 - Maldives (Ratification: 2013)

Article 1 of the Convention. National Policy designed to ensure the effective abolition of child labour and application of the Convention in practice. The Committee previously noted the Government’s indication that there was no specific national policy addressing child labour. It also noted that, according to the Understanding the Children’s Work Project (UCW) estimates from a 2009 national survey, over 2,000 children (4.2 per cent) aged 7–14 years were in employment in the Republic of Maldives. The Committee consequently requested the Government to take the necessary measures to eliminate child labour, including through the adoption of a national policy to combat child labour.

The Government indicates in its report that there is no action plan in place to combat child labour. It further states that there are few cases of child labour. The Committee encourages the Government to develop and adopt a national policy to ensure the progressive and complete elimination of child labour. It also requests the Government to continue to provide information on the practical application of the Convention, particularly statistical data on the number of children below the minimum age engaged in child labour in the country.

Article 2(1). Scope of application. The Committee previously noted that section 6 of the Employment Act stated that minors under 16 years of age were allowed to participate in the family line of work of their own will. It further noted that, according to the UCW estimates of 2009, 67.3 per cent of the children working in the Republic of Maldives were working in unpaid situations, while 23.4 per cent were engaged in family work. The Committee requested the Government to review section 6 of the Employment Act to ensure that all children benefit from the protection laid down by the Convention.

The Government indicates that the Child Rights Protection Bill, which is to replace the Law on the Protection of the Rights of the Child (Law No. 9/91), provides that no one should involve children in any work that affects the child’s education or well-being. The Committee notes that, according to a UNICEF press release, the Child Rights Protection Act entered into force on 20 February 2020. While taking due note of the Government’s information, the Committee wishes to recall that no child shall work under the minimum age for admission to employment or work, apart from the cases provided for in Article 6 (vocational training and apprenticeship), Article 7 (light work) and Article 8 (artistic performances) of the Convention. The Committee therefore requests the Government to take the necessary measures to ensure the amendment of section 6 of the Employment Act so that children who have not reached the minimum age for admission to employment or work of 16 may not perform child labour, except in cases provided for in the Convention. It also requests the Government to provide a copy of the new Child Rights Protection Act.

Article 2(3). Age of completion of compulsory education. The Committee previously noted that, according to the Government, a draft Education Bill, which introduced compulsory education up to grade 10 (normally enrolling children of up to 15 years of age), had been presented to the Parliament. The Committee underlined that if compulsory schooling came to an end before children were legally entitled to work, there might arise a vacuum which would open the door to the economic exploitation of children. It accordingly requested the Government to ensure that the draft Education Bill is adopted in the near future and provides for compulsory education up to the minimum age for admission to employment or work of 16 years.

The Government indicates that the draft Education Bill remains pending, and that further information will be provided in future reports. The Committee notes that the National Human Rights Action Plan of 2017, annexed to the Government’s report, sets the objective of enacting and promulgating the Education Act.

The Government further indicates that the Child Rights Protection Bill contains provisions on the right to education. The Committee notes that the Child Rights Protection Act entered into force on 20 February 2020. The Committee trusts that the Government will take the necessary measures to ensure compulsory education up to 16 years, in line with the minimum age for admission to employment or work. It requests the Government to provide information on the relevant provisions in this regard. It also requests the Government to supply information on the provisions relating to education in the Child Rights Protection Act.

Article 3(2). Determination of types of hazardous work. Regarding the determination of hazardous types of work, the Committee refers to its detailed comments on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 6. Vocational training and apprenticeship. The Committee previously noted that section 6 of the Employment Act provided that minors under 16 years of age might be employed in connection with training associated with their education or development, without specifying a minimum age in this regard. It therefore requested the Government to set a minimum age for admission to apprenticeship, to ensure that no child under 14 years of age undertakes an apprenticeship.

The Government states that it will consider the Committee’s suggestion. The Committee trusts that the Government will take the necessary measures to ensure that the minimum age for entering an apprenticeship or vocational training programme is not below 14 years. It requests the Government to provide information in this regard.

Article 8. Artistic performances. The Committee previously noted that there were no system under the national legislation allowing exceptions to the prohibition of employment or work for such purposes as participation in artistic performances. Referring to the Committee’s previous request as to whether in practice children under 16 years of age participate in artistic performances, the Government indicates that children in the Maldives do not participate in artistic performances.

Article 9. Penalties and labour inspection. The Committee previously noted that section 12 of the Employment Act provided that any person contravening a provision of Chapter 3 regarding the employment of minors should be fined a sum of not less than 1,000 Maldives Rufiyaa (MVR) and not more than MVR5,000. It also noted the Government’s indication that the Labour Relations Authority (LRA) monitored child labour. It noted that, according to the Committee on the Rights of the Child, the Employment Act was poorly enforced, as the LRA was understaffed and under-resourced. The Committee requested the Government to take the necessary measures to strengthen the capacity of the LRA to effectively monitor the legislation regarding child labour.

The Government indicates that the LRA uses a standard format for the inspection of establishments, which includes items on child labour. Officials of the LRA also raise awareness through their activities on minimum age and child labour, including in schools. The Government further states that the LRA conducts labour inspections in all atolls according to budget and inspection needs, as well as on islands with establishments, usually tourist resorts. Inspection priorities are set according to the size of companies’ workforce and risks. The LRA currently has a staff of 32 persons, including 11 inspectors, who carry out routine inspections, and four investigators, who act on complaints. An increase of seven staff members has been approved by the Ministry of Finance and the Civil Service Commission. With regard to the training of labour inspectors, efforts are being made to send them to neighbouring countries for training, and internal training is also provided by senior inspectors. The Government states that there is an issue of staff turnover.

The Government indicates that in 2018, there were about 257 inspections, and only two cases of child labour were reported. In 2019, approximately 200 inspections were conducted to date, and there were no findings of violations with respect to the minimum age. The Committee encourages the Government to pursue its efforts to strengthen the capacity of the Labour Relations Authority. It requests the Government to continue to provide information on the activities of the LRA to raise awareness on child labour. It also requests the Government to continue to provide information on the application in practice of section 12 of the Employment Act, including the number and nature of violations identified and the penalties imposed.