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Comments adopted by the CEACR: Maldives

Adopted by the CEACR in 2021

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the Maldivian Trade Union Congress (MTUC), received on 26 September 2021, denouncing the absence of a legal framework to enforce the rights guaranteed by the Convention, resulting in the impossibility to freely join trade unions and exercise union activities. The MTUC also alleges threats and interference in union affairs by State authorities. The Committee requests the Government to provide its comments on the MTUC observations.
Legislative framework. In its previous comment, the Committee requested the Government to take the necessary measures to achieve the adoption of the draft Industrial Relations Act and ensure its full conformity with the Convention. The Committee notes the Government’s indication that the adoption of the Industrial Relations Bill has been included in the Government’s Strategic Action Plan 2019-2023 as a priority, that it continues to be reviewed for alignment with international obligations and that it is expected to be sent to the Parliament for final decision and adoption in the near future. The Government states that the Bill provides for registration of workers’ and employers’ organizations, effective mechanisms for resolving industrial disputes and the establishment of a Tripartite Labour Dialogue Forum to foster co-operation on labour issues. The Government further informs that the Associations Bill, which was drafted through a consultative process with the relevant stakeholders and which seeks to align the protection of the right to freedom of association with the principles of the Convention (right to participate in associations, registration, dissolution, etc.) was submitted to the Parliament in October 2019. The Committee notes however the concerns raised by the MTUC in relation to the legislative reform that: (i) despite ILO technical assistance since 2013, the Industrial Relations Bill has not yet been adopted and workers’ associations were not consulted in its elaboration; and (ii) the Associations Bill does not cover trade union formation and trade union rights should be protected in the Industrial Relations Bill. The Committee further notes that the Committee on Freedom of Association (CFA), when examining Case No. 3076 concerning the Maldives: (i) observed with deep concern allegations that the Government’s systematic failure to ensure effective protection of trade union rights both in law and in practice led to a denial of the right to freedom of association to workers in the country, including denial of freedom of assembly, enforced by the police; and (ii) requested the Government to take the necessary legislative and enforcement measures, in consultation with the social partners concerned, to address those allegations and to ensure that protection for trade union rights, in particular the right to freedom of assembly, is fully guaranteed both in law and in practice and referred the legislative aspects of the case to this Committee (see Case No. 3076, 391st Report, October 2019, paragraphs 410 and 412(h); 395th Report, June 2021, paragraphs 282 and 283). In view of the above and recalling that the Industrial Relations Bill and the Associations Bill have been pending adoption for several years, the Committee expects that they will be adopted without delay, following meaningful consultation with workers’ and employers’ organizations, and will address all of the Committee’s observations below so as to ensure their full conformity with the Convention and contribute to the promotion of freedom of association in the country. The Committee invites the Government to continue to avail itself of the technical assistance of the Office, should it so desire, and requests it to provide a copy of the amended laws once adopted.
Pending the adoption of the above Bills and emphasizing the desirability of establishing a comprehensive legislative framework regulating collective labour relations, the Committee has been examining the legislation currently in force, taking into account the legislative proposals indicated by the Government.

Associations Act, 2003

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish organizations. The Committee previously requested the Government to take the necessary measures to amend section 6(b) of the Associations Act, so as to allow minors who have reached the minimum legal age for admission to employment (16 years) to be able to exercise their trade union rights. The Committee notes the Government’s indication that deliberations are ongoing at the Committee stage of the Parliament to allow minors who have attained the legal age of employment under the Child Rights Protection Act, 2019 to be able to exercise trade union rights under the new Associations Bill. The Committee expects the proposed legislative amendments to ensure that minors who have attained the legal age of employment will be able to exercise their trade union rights.
Right to establish organizations without previous authorization. In its previous comment, the Committee requested the Government to take the necessary measures to amend section 9(a) of the Associations Act to limit the discretionary power of the Registrar to refuse the establishment of an organization. The Committee notes the Government’s statement that section 34(a) of the new Associations Bill obliges the Registrar to accept any names that do not fall within the situations listed in the section and that administrative decisions are subject to judicial review. Observing that the Government does not provide any details as to the permitted grounds for rejecting a proposed name under section 34(a) of the Associations Bill, the Committee expects these to be sufficiently restrictive so as to limit the Registrar’s discretionary power, ensuring that registration is a mere formality and does not amount to a previous authorization contrary to Article 2 of the Convention.
The Committee further requested the Government to take the necessary measures to amend section 37(b) of the Associations Act to ensure that the exercise of legitimate trade union activities is not dependent upon registration and is not subject to penalties. The Committee welcomes the Government’s indication that section 37(b) will be repealed in the new Bill, which does not prohibit the operation of unregistered associations.
The Committee also requested the Government to provide statistics on the number of workers’ and employers’ organizations registered, the sectors and the number of workers covered. The Committee notes that the Government provides a list of registered associations in the social, recreational and sports domains, without however specifying whether some of them are associations of workers and employers, and further indicates that an NGO portal is being developed to enhance data collection and extraction. The Committee observes that the MTUC contends that the Government does not have a mechanism to collect data on workers’ organizations and that the NGO portal will not solve this issue. The Committee encourages the Government to take the necessary measures to enable collection of data on the number of workers’ and employers’ organizations registered in the country, the sectors in which they are active and the number of workers covered, and requests it to provide statistics in this regard.
Right of workers and employers to establish organizations of their own choosing. In its previous comment, the Committee requested the Government to provide information on whether workers and employers, engaged in more than one occupation or sector, could join more than one organization. The Committee welcomes the Government’s clarification that they can and that there are no legislatives bars to such activities.
Article 3. Freedom to elect representatives. The Committee previously requested the Government to take the necessary measures to amend section 24 of the Associations Act so as to ensure that minors who are eligible for employment are also eligible for trade union office. The Committee notes the Government’s indication that deliberations are ongoing to allow minors eligible for employment to exercise trade union rights under the new Associations Bill. The Committee expects the proposed legislative amendments to ensure that minors who have attained the legal age of employment will be able to exercise their trade union rights, including the right to be eligible for trade union office.
The Committee further notes that the Government informs that under the new Associations Bill, a person cannot become a member of the executive committee of an association if they are already an executive committee member of another association. Recalling that such restrictions can unduly infringe the right of organizations to elect representatives in full freedom by preventing qualified persons from holding trade union office if they are already engaged in a similar position in another association, the Committee requests the Government to take the necessary measures to review the relevant provisions of the Associations Bill so as to allow persons to hold trade union office in more than one association, subject only to the statutes of the organizations concerned.
Right to organize administration and activities and to formulate programmes. In its previous comment, having noted that the Associations Act contained a number of provisions which regulate in detail the internal functioning of associations (sections 5(f), 10, 11, 14(b), 18, 23 and 31), the Committee requested the Government to take the necessary measures to amend these provisions. The Committee welcomes the Government’s indication on the proposed amendments to sections 10 and 11 (changes to the association’s name), 18 (changes to an association’s governing regulations) and 31 (voluntary winding-up of associations), which remove detailed regulation and limit the discretionary powers of the Registrar in relation to some aspects of the internal functioning of associations. Observing, however, the Government’s statement that sections 5(f) (stipulating that any money or property of the association after its dissolution will be given away to another non-profit association or to a government-approved charity) and 23 (providing detailed instructions on how to address debts of an association) have not been substantively changed, the Committee reiterates its request in this regard.
The Committee further requested the Government to indicate the necessary prerequisites for a workers’ or employers’ association to be able to receive foreign assistance in line with section 22 of the Associations Act. The Committee notes the Government’s clarification that it is section 34 of the Associations Regulation, 2015 that stipulates the prerequisites to receive foreign assistance by associations (approval from the Registrar before seeking and accepting assistance from foreign parties and submission of documents with details on the party seeking foreign assistance, the party providing assistance, as well as on the amount and purpose for which it is being sought). The Government adds that these prerequisites are being amended through the new Associations Bill but does not specify in what manner. Recalling that provisions requiring approval by the authorities of financial assistance from abroad can result in control over the financial management of organizations and restrictions on their right to organize their administration and activities, which control and restrictions are incompatible with Article 3 of the Convention, the Committee expects the Government to ensure that the amendments proposed by the Associations Bill will be fully in line with the Convention.
Article 4. Administrative and judicial dissolution. In its previous comment, having observed that under sections 32(a) and 33 of the Associations Act, an association could be dissolved by the Registrar or the courts for overly broad reasons, the Committee requested the Government to take the necessary measures to amend these provisions. The Committee notes the Government’s indication that under Chapter 10 of the Associations Bill the Registrar will be required to follow the procedure stipulated in the relevant sections and will have to apply to court to obtain an order to dissolve an association, but observes that the Government does not provide any details on the actual procedure or on the grounds on which such a dissolution may be requested. Recalling once again that dissolution of a workers’ or employers’ organization is an extreme measure with serious consequences upon the right to organize which should only be used in limited circumstances, the Committee requests the Government to ensure that the proposed amendments will only allow dissolution of an association following a judicial decision on the basis of precise and predetermined criteria.
Article 5. The right to form federations and confederations. The Committee previously requested the Government to take the necessary measures, including through the adoption of specific legislative provisions, to ensure that workers’ and employers’ organizations can form federations and confederations, and affiliate with international organizations. The Committee notes that according to the Government, while there are no specific legislative provisions governing the issue, there are no legal barriers to forming federations or confederations or to affiliate with international organizations. Observing, however, the MTUC concerns that neither the Government nor the judicial system recognize federations and confederations of unions or international affiliation and further observing the Government’s indication that the issue could be considered for inclusion in the draft Industrial Relations Bill, the Committee requests the Government to include in the ongoing reform process the consideration and adoption of any necessary legislative provisions and other measures to ensure that workers’ and employers’ organizations can, both in law and in practice, form federations and confederations, and affiliate with international organizations.

Associations Regulation, 2015

The Committee notes that the Government provides a copy of the Associations Regulation, which currently implements the Associations Act, and observes that it contains a number of provisions which are not in line with the Convention and need amending: sections 4(a) (obligatory registration), 4(c) and 24(ii) (founding members and members of the executive committee must be 18 years old); 4(d) (prohibition to have any criminal record for the person registering the association); 13(a) (detailed regulation of the name of the association); 15(d) (penalty for use of a seal, flag, colour or motto without registration); 17(b)(vi) (detailed regulation of the financial assets); 19(a) (restrictions as to the objectives of the association); 23(a) (only nationals can be elected as President, Secretary and Treasurer); 24(i) (members of the executive committee must be members of the association); 30(a) (detailed regulation of annual reports and accounts); 36(a) (audit by government-accredited audit firm for certain associations); 38 (police inspection with court order if activities undermine societal harmony); 40(ii), 42 and 43 (dissolution of an association by the Registrar or the courts for overly broad reasons); 41 (requirement of a special resolution for voluntary dissolution); 44(a)(iii) and 45(a) (detailed regulation on the use of assets after dissolution), as well as sections 12(a)-(b), 14(a), 16(b), 20, 26(c), 29, 34(a), 35(b), 37(a) and 39(a) providing for excessive discretionary power of the Registrar in relation to associations’ establishment, administration, activities and suspension. In line with the Committee’s requests and expectations above, and considering that the Associations Act is being amended, the Committee fully expects the Government to ensure that, in the framework of the current legislative reform, the Associations Regulation will also be amended to ensure its full conformity with the Convention.

Freedom of Peaceful Public Assembly Act, 2013, and Regulation governing dispute resolution between the employer and the employee, 2011

In its previous comment, the Committee requested the Government to repeal section 24(b)(7) of the Freedom of Peaceful Public Assembly Act and amend sections 5, 7, 8 and 11 of the Regulation on dispute resolution, so as to remove undue restrictions on the right to strike and ensure that all workers covered by the Convention, including those in island resorts, can in practice exercise their right to strike. The Committee notes that, according to the Government, restrictions to assemble in tourist resorts, imposed by section 24(b)(7) are in place considering the “one island one resort” situation and the strategic importance of the tourism industry to the Maldives. The Government asserts that the provision does not completely prohibit the right to assemble in island resorts, as it allows for the right to be exercised with permission from the police. The Committee observes in this regard the concerns raised by the MTUC that since workers in tourist resorts live in remote islands, the restriction to assemble imposed by section 24(b)(7) completely denies any form of assembly or gathering without approval of the resort’s owners and that the police have never allowed workers to perform any such activities. In view of the above and observing that the Government does not provide any information on the measures taken to address the restrictions placed on strikes by sections 5, 7, 8 and 11 of the Regulation on dispute resolution, the Committee recalls once again that these restrictions on the right to assemble and strike, together with the limitation in section 24(b)(7) of the Freedom of Peaceful Assembly Act, are so broad that they could seriously impede the right of workers’ organizations to organize their activities, including through strike action, especially considering that any stoppage of work could be considered to harm the employer or the workplace or obstruct customer services, in particular in tourist resorts. As to the geographical particularities of island resorts, the Committee also recalls that in situations in which a substantial restriction or prohibition of strike action would not appear to be justified but where, without calling into question the right to strike of the large majority of workers, there is a need to ensure that users’ basic needs are met or that facilities operate safely or without interruption, such as in public services of fundamental importance, consideration might be given to introducing negotiated minimum service (defined through participation of workers’ organizations concerned along with the employer). The Committee therefore requests the Government once again to take the necessary measures to repeal section 24(b)(7) of the Freedom of Peaceful Public Assembly Act and amend sections 5, 7, 8 and 11 of the Regulation on dispute resolution, so as to remove undue restrictions on the right of workers’ organizations to organize their activities and ensure that all workers covered by the Convention not performing essential services in the strict sense of the term, including those in island resorts, can in practice exercise their right to strike.
Finally, having observed that section 6 of the Regulation on dispute resolution did not set any time limit for the exhaustion of the obligatory grievance redress mechanism at the employer level before a strike could take place, the Committee requested the Government to provide information on the application in practice of section 6 of the Regulation. The Committee notes that the Government informs that the Industrial Relations Bill intends to amend the procedures stipulated in the Regulation without however indicating what concrete amendments will be made to section 6 of the Regulation. Recalling once again that obligatory grievance redress mechanisms at the employer level should not be so complex, or without time limits, or so slow in implementation, that a lawful strike becomes impossible in practice or loses its effectiveness, the Committee expects that the grievance redress mechanism, as amended by the Industrial Relations Bill, will be in full conformity with the above.

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the Maldivian Trade Union Congress (MTUC), received on 26 September 2021, denouncing the absence of a legal framework for industrial relations and collective bargaining and alleging that the Government’s 2017 report has not yet been shared with workers’ organizations. The Committee requests the Government to provide its comments on the MTUC observations and requests it once again to share its reports on the Convention with the representative organizations of workers and employers for their observations.
Legislative framework. The draft Industrial Relations Act. In its previous comment, the Committee requested the Government to take the necessary measures to achieve the adoption of the draft Industrial Relations Act, developed to create an integrated and comprehensive legislation dealing with all aspects of collective labour relations. The Committee also notes in this respect that the Committee on Freedom of Association (CFA), when examining Case No. 3076 concerning the Maldives: (i) observed with deep concern allegations that the Government’s systematic failure to ensure effective protection of trade union rights both in law and in practice led to a denial of the right to freedom of association to workers in the country; (ii) requested the Government to take the necessary legislative and enforcement measures, in consultation with the social partners concerned, to address those allegations and to ensure that protection for trade union rights, in particular protection against anti-union discrimination, is fully guaranteed both in law and in practice; and (iii) referred the legislative aspects of the case to this Committee (see Case No. 3076, 391st Report of the Committee on Freedom of Association, October 2019, paragraphs 410 and 412(h) and 395th Report of the CFA, June 2021, paragraphs 282 and 283).
The Committee notes the Government’s indication that the adoption of the Industrial Relations Bill has been included in the Government’s Strategic Action Plan 2019-2023 as a priority, that it continues to be reviewed for alignment with Government policies and international obligations and that it is expected to be sent to the Parliament for final decision and adoption in the near future. The Government states that the Bill provides for a system to facilitate collective bargaining, effective mechanisms for resolving industrial disputes and the establishment of a Tripartite Labour Dialogue Forum to foster co-operation on labour issues. The Committee also notes the concerns raised by the MTUC that, despite ILO technical assistance since 2013, the Bill has not yet been adopted, that workers’ associations were not consulted in its elaboration and that the Governments lacks commitment in this regard, resulting in a lack of protection of the right to collective bargaining. Recalling that the Industrial Relations Bill has been pending adoption for several years and regretting the absence of tangible progress in this regard, the Committee expects that it will be adopted without delay following meaningful consultations with workers’ and employers’ organizations and will address all of the Committee’s observations below so as to ensure its full conformity with the Convention. The Committee invites the Government to continue to avail itself of the technical assistance of the Office, should it so desire, and requests it to provide a copy of the law once adopted.
Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. Persons protected. Having previously noted that section 34(a) of the Employment Act, 2008 exempted several categories of persons (persons working in emergency situations, crew of sea going vessels or aircraft, imams and other employees at mosques, persons on on-call duty during the hours of duty and persons in senior management posts) from the provisions of Chapter 4 (prohibition of anti-union dismissal, access to court, measures of redress) and that section 34(b) provided for the possibility to enact regulations to further exempt employees in certain situations from the provisions of Chapter 4, the Committee requested the Government to take the necessary measures to ensure that all workers covered by the Convention can benefit from the rights enshrined in it and are adequately protected against acts of anti-union discrimination. The Committee notes the Government’s indication that following the September 2020 amendment to the Employment Act, section 34 exempts the mentioned categories of workers only from sections 32 (working hours), 37 (overtime) and 38 (working on public holidays). The Committee notes with interest that the referred categories would thus be eligible for the rights and protections under the remaining provisions of Chapter 4 of the Employment Act.
Acts covered. In its previous comment, the Committee requested the Government to take the necessary measures to amend section 4(a) of the Employment Act so as to include trade union membership and legitimate trade union activities as one of the grounds of prohibited discrimination at all stages of employment. The Committee notes the Government’s statement that while trade union affiliation and participation in legitimate trade union activities are not included as one of the grounds of prohibited discrimination at all stages of employment in section 4(a) of the Employment Act, it is covered in the draft Industrial Relations Bill. The Committee observes however that the Government does not provide details as to the protection against anti-union discrimination foreseen in the Industrial Relations Bill and also notes the concerns raised by the MTUC that the 2020 amendments to the Employment Act do not prevent anti-union dismissals but rather make it easier for employers to declare redundancies following a change in management or financial downturn, which can be used to dismiss targeted persons, including trade union leadership. The Committee expects the Government to take the necessary measures to ensure that, in the framework of the current reform of labour laws, trade union affiliation and participation in legitimate trade union activities will be included as one of the grounds of prohibited discrimination at all stages of employment in the relevant legislation, so as to provide effective protection against acts of anti-union discrimination, in line with the Convention. The Committee requests the Government to indicate the exact provisions of amended legislation that provide such protection.
Rapid appeal procedures. The Committee previously requested the Government to take the necessary measures to ensure that all workers who allege anti-union dismissal, including those on probation or in retirement age (section 28(b) of the Employment Act), have access to rapid appeal procedures. It also requested the Government to take the necessary measures to delete the exemption in section 27 of the Employment Act to ensure that the rules on the reversal of the burden of proof are applicable to all proceedings related to anti-union dismissal. The Committee notes with interest the Government’s indication that section 27 of the Employment Act was amended whereby the exemption mentioned in the section has been removed. Observing, however, that no new measures have been adopted to amend section 28(b) of the Employment Act, the Committee once again requests the Government to take the necessary measures to ensure that all workers who allege anti-union dismissal, including those on probation or in retirement age, have access, both in law and in practice, to rapid appeal procedures.
Sufficiently dissuasive sanctions. The Committee previously requested the Government to provide information on the application of sections 5(c) and 29 of the Employment Act (remedies for dismissals without reasonable cause) by the tribunals when dealing with anti-union dismissals. The Committee notes that the Government informs that there have been no anti-union dismissal cases to report but that in cases of dismissals without reasonable cause, the Employment Tribunal, the High Court and the Supreme Court ordered a number of different remedies, including reinstatement to the original position, back wages and compensation. The Committee requests the Government to continue to provide information on the application in practice of sections 5(c) and 29 of the Employment Act in case of anti-union dismissals, specifying the remedies ordered, as well as the type and the amount of sanctions imposable on an employer for acts of anti-union discrimination.
Protection against acts of anti-union discrimination in practice. The Committee notes that the MTUC denounces discriminatory practices in the country, submitting in particular that peaceful union meetings are reprimanded by disciplinary actions, lack of promotion, negative appraisals and redundancies. The Committee requests the Government to provide its comments thereon and trusts that the ongoing legislative reform will contribute to achieving adequate protection against acts of anti-union discrimination both in law and in practice, in full compliance with the Convention.
In its previous comment, the Committee requested the Government to provide statistics on the number of anti-union discrimination complaints filed before the courts, the average duration of the proceedings and their outcome. The Committee also requested the Government to indicate the measures taken or envisaged to facilitate access of workers to the Employment Tribunal from areas other than the capital Male, where the Tribunal is located. The Committee notes the Government’s statement that at the time of the report, no cases of anti-union discrimination have been filed before the courts and that the October 2021 Regulation on audio/video conference participation in the Employment Tribunal hearings establishes avenues for audio/video conference participation in hearings and submission of cases for those located outside the capital. The MTUC alleges however that workers’ associations cannot represent their members in tribunals and that it takes years for tribunals to reach decisions in employment cases. The Committee requests the Government to continue to collect and provide statistics on the number of anti-union discrimination complaints filed before the courts, the average duration of the proceedings and their outcome, as well as on the use of the audio/video conference participation in court proceedings relating to anti-union discrimination complaints.
Article 2. Adequate protection against acts of interference. The Committee previously requested the Government to take the necessary measures, including legislative, to ensure that acts of interference of workers’ and employers’ organizations in each other’s affairs are explicitly prohibited and are accompanied by access to rapid and effective appeal procedures and sufficiently dissuasive sanctions. The Committee notes the information provided by the Government that no explicit prohibitions in this regard are provided in the current draft Industrial Relations Bill but that it could be included in the Bill upon receipt of the necessary policy decisions. Given the Government’s openness to including provisions on protection against acts of interference of workers’ and employers’ organizations in each other’s affairs in the Industrial Relations Bill, the Committee requests the Government to take the necessary measures to this effect, in consultation with the social partners.
Articles 4 and 6. Promotion of voluntary negotiations and collective bargaining in the private and public sectors. The Committee previously requested the Government to take the necessary measures, including legislative, if necessary, to ensure that all workers, with the only possible exception of the police, the armed forces and public servants engaged in the administration of the State can, in law and in practice, negotiate collectively through their trade unions and conclude collective bargaining agreements regulating terms and conditions of their employment. It also requested the Government to provide statistics on the number of collective agreements concluded and the sectors and number of workers covered. The Committee welcomes the Government’s indication that the right to collective bargaining and its governance are extensively covered in the Industrial Relations Bill and that, while awaiting its enactment, the right to collective bargaining can be carried out in practice as there are no legislative prohibitions to this effect. The Committee notes, however, the Government’s indication that at the time of reporting, the Labour Relations Authority has not reported the existence of any collective bargaining agreements and observes that the MTUC denounces the absence of social dialogue and collective bargaining, depriving workers of means of defending their interests and challenging the numerous redundancies that occurred during the COVID-19 pandemic, especially in the tourism sector. Observing that the Government does not provide any details as to the regulation of collective bargaining in the Industrial Relations Bill, the Committee expects the Bill to ensure that all workers, with the only possible exception of the police, the armed forces and public servants engaged in the administration of the State will be able, in law and in practice, to negotiate collectively through their trade unions and conclude collective bargaining agreements regulating terms and conditions of their employment. Noting with regret that the Labour Relations Authority is not aware of the existence of any collective agreement in force in the country and in light of the concerns expressed by the MTUC, the Committee requests the Government to take proactive measures to promote the full development and utilization of collective bargaining both in the private and public sectors. In this respect, the Committee requests the Government to collect and provide information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements.

MLC, 2006 - 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.]

MLC, 2006 - 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.]
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