Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 29) sur le travail forcé, 1930 - Maldives (Ratification: 2013)

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Articles 1(1), 2(1) and 25 of the Convention. Vulnerable situation of migrant workers to the exaction of forced labour. The Committee previously noted the issue of abusive practices faced by migrant workers, such as confiscation of identification documents, non-payment of wages and inhumane treatment. The Committee also noted that most migrants are unaware of the procedure to lodge a complaint, or are reluctant to do so because they fear deportation due to their undocumented status.

The Committee notes that the Government provides in its report information on: (i) the adoption of the Regulation on Employment of Foreigners in the Maldives No.2021/R-16, by the Ministry of Economic Development which sets out the procedures for issuing work permits to foreigners, including the amount of fees to be paid by employers, as well as occupational safety and health requirements in the workplace; (ii) the Regulation on General Standards for Accommodations Arranged by Employers for their Employees No. 2021/R-15, which establishes the requirements for the accommodation provided by employers as regards lighting, air circulation, size, sanitation and water supply; (iii) the Regulation on Employment Agencies No. 2016/R21, which sets out the procedure for the recruitment of employees by employment agencies, as well as the conditions for the registration and licensing of employment agencies. The Government indicates that the number of complaints lodged by foreigners with the Labour Relations Authority was 407 in 2019, 742 in 2020, 294 in 2021 and 298 in 2022. The Committee also notes that 24 employment agencies remained on the blacklist as of 2019 (2022 Government report on the application of the United Nations International Convention on the Elimination of All Forms of Racial Discrimination).

The Committee further notes that in its 2023 report, the United Nations Working Group on discrimination against women and girls expressed concern that migrant workers lack special protection against exploitative conditions of work and that without adequate legal protection, migrants are not willing to report incidents of labour violations or violence to the authorities (A/HRC/53/39/Add.2). The Committee requests the Government to strengthen its efforts and take all necessary measures to ensure that migrant workers are fully protected against abusive practices and conditions that could amount to forced labour and are provided with effective and adequate protection, including redress and compensation. It further requests the Government to provide information on the measures taken to monitor the effective implementation of the regulations adopted; carry out workplace inspections; and inform migrant workers of their rights and the complaint mechanisms available. The Committee also requests the Government to provide more detailed information on the number of complaints that have been lodged by or on behalf of migrant workers who are victims of abusive practices, as well as the number of violations detected and sanctions imposed.

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