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

Convention du travail maritime, 2006 (MLC, 2006) - Maldives (Ratification: 2014)

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.