Exit permits required for foreign workers from today

Foreign workers in the Maldives will be required to obtain permission from their employer before leaving the country from today (October 19).

The exit permit requirement – announced via local media on Thursday (October 16) – is now being implemented, with expatriate workers required to present a form, signed by their employer, at airport immigration.

“The procedure is simple,” explained the immigration department’s Information Officer Hassan Khaleel.

“The employer needs to fill out the form and hand it over to the employee. The employee is required to submit it to the immigration counter at the time of departure.”

The abuse of exit permit systems elsewhere has led to condemnation from international human rights groups, with local NGO Transparency Maldives today expressing concern over the scheme’s use in the Maldives.

While exact figures are unavailable, the number of expatriate workers in the country has been estimated to be as high as 200,000 – equivalent to two thirds of the local population.

Although the majority of these workers are Bangladeshi, Bangladeshi High Commissioner Rear Admiral A.S.M.A Awal has told Minivan News he has not yet been informed of the new exit permit procedures.

During the first week of the permit’s use, allowances will be made due to the short notice given regarding exit permit procedure, explained Khaleel.

“It will not be very strict for the first week. Airport staff will ask for the form and may call employers to check for a period of time.”

He explained that the introduction of the permit system had come after requests from employers concerned at the number of expatriate workers leaving the country without permission.

The illegal practice of withholding the passports of migrant workers – described as “rampant” in the Maldives by the US State Department – may also be lessened as a result of the new permit scheme, added Khaleel.

Potential for abuse

Advocacy and communications manager at TM, Aiman Rasheed, has expressed concern that the exit permits will exacerbate the well-documented abuses within the immigration system.

“Requiring an exit permit to depart from Maldives may have the same effect as withholding travel documents, that is, the employer has control of the mobility of the worker,” explained Rasheed.

“While this is an infringement on the freedom of movement for workers, it also presents opportunities for perpetuation of bondage, trafficking, etc, by limiting movement of the worker.”

Long viewed as a country with a poor record on combatting human trafficking, the Maldives was this year removed from the US State Department’s Trafficking in Persons (TIP) report watchlist.

A government report in 2011 has revealed the scale of the problem, with human trafficking said to be the Maldives’ second most lucrative industry after tourism – worth an estimated US$123 million a year. In 2013, Bangladeshi authorities temporarily halted migration of its nationals, blaming the failure of local authorities to address the problem.

After four consecutive years on the TIP watchlist, the Maldives avoided potential sanctions this year after the introduction of the Anti-trafficking Act in December 2013.

“Serious problems in anti-trafficking law enforcement and victim protection remained,” said the TIP report, which noted that an unknown number expatriate workers in the country experienced forced labour.

Exit permit systems are also operated in other nations with large numbers of expatriate workers – such the UAE and Qatar, although Qatar announced earlier this year that it was to abolish the practice after pressure from human rights groups.

Human Rights Watch noted last year that the Qatari system “unfairly shackles foreign workers to their Qatari employers, opening them up to unfair treatment and exploitation.”

Khaleel told Minivan News today that the immigration department was aware of the potential for abuse inherent within the system.

“If there are any disputes employers should approach the Labour Relations Authority. They are responsible for disputes and breaches of contract,” he explained.

Any workers requiring further information on the exit permit system can contact airport immigration on 332 0452 or 794 0452.

The exit permit form can be downloaded here.

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HRCM raises concern over growing religious conservatism in Universal Period Review

The Human Rights Commission of Maldives (HRCM) has submitted its Universal Period Review (UPR) report to the United Nations Human Rights Council (UNHRC), raising concerns over a growing tide of religious conservatism.

“There are roughly 400 children being withheld from attending school by their parents due to religious beliefs,” revealed the report made public yesterday, referring to an estimate from the education ministry in a 2011 assessment by the HRCM on child participation.

In a section titled ‘religious extremist ideologies,’ the HRCM referred to “reports of unregistered marriages encouraged by some religious scholars claiming that registering marriages with the courts are un‐Islamic and unnecessary.”

“State institutions acknowledge this information and raised concerns that children born to such marriages could face serious legal issues. Similarly women in such marriages are bound to face social and legal consequences,” the report stated.

“Conservative beliefs that promote women as inferior to men are being spread at an alarming level. Many women believe that their role in society is to be submissive wives and in raising children.”

In addition to outlining 18 thematic areas, the report provides updates on implementation of recommendations of the first UPR review in 2010, the HRCM noted.

The UPR is a state-driven process that reviews the human rights records of all 193 UN member states every four years, based on submissions by the government, the UN, NGOs and human rights commissions. The Maldives’ review is scheduled to take place in April or May 2015.

Conservatism

Increase in religious conservatism, cultural norms and stereotypical roles depicted by society inhibit women’s equitable participation in public life,” reads the section on women’s rights.

“Women remain under represented in all branches of the state and efforts to secure legislative quotas remain unsuccessful.”

The enforcement of the anti-Domestic Violence (DV) Act was meanwhile hampered by absence of procedures, inconsistencies in application by institutions, and “lack of sensitivity among law enforcement and judiciary”.

The police also failed to meet a legislative deadline on submitting a report to the family protection agency (FPA), the report noted.

“Limited capacity of investigators and their belief that such cases are family matters inhibit victims from getting redress,” it continued.

“FPA with a mandate to combat DV is not provided with necessary financial and human resources. Reporting of DV cases remain low as a result of lack of confidence in the system, fear of intimidation by perpetrators, stigmatisation and inadequate information on protection measures. There is no proper reintegration mechanism.”

Despite reports to the contrary from the state for the mid-term assessment of implementation of UPR recommendations, the HRCM said there were “no strict punishments to perpetrators of DV”.

The report observed that children born out of wedlock faced discrimination.

Paternity testing is not admissible evidence in court and such a child would be denied father’s name, inheritance and child maintenance,” it stated.

While most reported cases of child abuse did not result in convictions, victims often “remain re‐victimized due to systemic failures” including “delays in obtaining evidence and overly strict evidentiary requirements.”

“The legal age of consent, along with societal attitudes to treat child abuse as private matter or to force child abuse victim to deny testimony in court to protect family honour as perpetrator is usually a family member providing financial support are factors that cannot be disregarded,” it explained.

“Moreover, state has fallen short to publish child sexual offender‘s registry. Additionally, overall functioning of victim support system is effected due to a weak child protection system that is under resourced, with inconsistencies in capacity and coordination.”

The report also noted that child marriages were registered in some cases as “the Family Act allows marriage of minors under specific conditions.”

Children were also “involved in commercial sex work,” the report noted.

“Many children migrate to Malé from atolls for education, remain vulnerable to domestic servitude and sexual harassment by host families,” the report stated.

Civil and political rights

The report noted the absence of laws to guarantee freedom of expression despite its assurance in the Constitution.

“Parliament Privileges Act can be used to force journalist to reveal their source, which could undermine the constitutional protection that journalists currently enjoy,” the report observed.

“There have been many reports of death threats to media persons and parliament members. State is yet to take realistic action to address these threats. The recent disappearance of Ahmed Rizwan Abdullah, a journalist and human rights advocate is of critical concern.”

The HRCM also raised concerns regarding the Freedom of Assembly Act, including “provisions of geographical limitations, lack of guidance on control of counter assemblies and requirement to accredit reporters.”

Human rights NGOs have faced intimidation from the state, it continued, while worker’s association perform the role of trade unions.

“Union members face numerous difficulties in exercising collective bargaining, tripartite consultations and work stoppage, as proper legal mechanism is not in place for dispute resolution,” the report stated.

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Maldives strategically unprepared for SEZs, argues former Finance Minister Inaz

The Maldives is strategically unprepared for the negative consequences of creating special economic zones (SEZs), former Finance Minister Ahmed Inaz has warned.

In an opinion piece published on newspaper Haveeru last week, Inaz argued that SEZs could worsen income inequality, deprive local councils of sources of revenue, and lead to a large influx of foreign labour.

“If [the government] wants to create special economic zones, it should prioritise solving problems in the judiciary that the entire country is concerned about as well as the budget deficit,” he wrote.

Policies concerning the SEZs should be formulated with a long term plan that looks ahead 10 to 20 years into the future, Inaz advised.

Investor confidence should be secured, he continued, for which laws needed to be reviewed through political dialogue.

Speaking at a forum on SEZs last week, Maldives Monetary Authority Governor Dr Azeema Adam also cautioned that political consensus was necessary for SEZs to be successful and stressed the importance of a long term strategic plan.

President Abdulla Yameen ratified the SEZ Act on September 1, which he has said would “transform” the economy through diversification, whilst relaxed regulations and tax concessions were necessary to attract foreign investors and launch ‘mega projects’ to mitigate the reliance on the tourism industry.

Inaz meanwhile predicted that a population of foreign workers many times the size of the local population would be created with the development of SEZs.

“Problems (social, political and economic) as well as opportunities that could arise as a result of the [expatriate] population should be weighed academically and discussed and debated,” he advised.

Inaz served as finance minister during the administration of former President Mohamed Nasheed and oversaw the enactment of tax reforms in 2011.

After leaving the Maldivian Democratic Party in February 2012, Inaz told Minivan News he would “always remain independent and serving the national interest.”

Consequences of SEZs

Unlike China and other East Asian countries where SEZs were created about 50 years ago, Inaz observed that the Maldives has never been a “closed economy.”

A large and cheap labour force and rich natural resources contributed to China’s economic success, he noted.

However, he added, social scientists believe that industrial development came at the cost of social cohesion.

Moreover, large multinational companies exert undue influence over decision-making in China and other East Asian nations, Inaz suggested.

While a free market economic policy has always been pursued in the Maldives, “with the designation of separate economic zones, other regions of the Maldives would be closed economically,” Inaz wrote.

Inaz argued that policies enacted in China to integrate its economy with a globalised world were unsuited to the Maldives.

In addition to establishing infrastructure such as airports, utilities and transport networks, Inaz observed that China trained skilled workers such as engineers, accountants, and lawyers years in advance.

“The question is whether there are nearly enough Maldivians with good work ethics who would be inexpensive (compared to neighbouring countries)?” he asked.

Social and economic problems created as a result of not regulating migrant workers during the past 15 years could increase manifold with SEZs, Inaz warned.

If Maldivians were unprepared for new jobs, Inaz predicted that wages could also be adversely affected in the domestic job market.

Inequality

One of the biggest challenges facing the Maldives was income inequality and the small size of the middle class, Inaz continued, which was most evident in the regional disparities between the capital and outer atolls.

Inaz stressed that empowering local councils to generate income by utilising land and lagoons was necessary to reduce disparities.

While social security benefits reduces the income gap, Inaz warned of the negative impact on government revenue of tax exemptions for investors in SEZs.

China and Singapore created SEZs after putting the state’s fiscal affairs on a sustainable footing, he noted.

The value of the Maldivian currency deteriorated as a result of persistent budget deficits since 2004, Inaz observed, which forced the state to print money to finance deficit spending.

Consequently, the interest rate on treasury bills was now nine percent, he noted, which restricts opportunities for local businesses to partner with foreign investors in the SEZs.

“It would be unwise to establish [SEZs] without easing the burden placed on Maldivian businesses by the budget deficit and T-bill rates,” he advised.

If SEZs are created with the fiscal status quo unchanged, Inaz suggested that the government would lose sources of revenue from taxes and lease rent.

The government’s position in negotiations with potential investors would also be weak, he contended.

Inaz further argued that successive governments had been unable to improve provision of services due to a weak system of governance.

“With this reality and serious challenges, what high ground would we climb for safety from the big waves formed by opening up the whole country through a special economic zones law?” he asked.

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Immigration department boosts efforts to curb undocumented workers

The Department of Immigration and Emigration has said that it is strengthening action taken against those who employ or provide housing for undocumented migrant workers.

Deputy CEO of Immigration Abdulla Munaz said the department is strengthening the implementation of existing regulations because the provision of employment and shelter is a major cause is rising numbers of undocumented workers in the country.

“We will take whatever action is necessary. The actions [to be taken] are very clear in the existing laws. The immigration act allows to fine anyone that employs or provide accommodation for immigrants residing in the Maldives unlawfully,” said Munaz.

According to the department, employers will be fined between MVR15,000 and MRV50,000 if found to be unlawfully employing or housing an immigrant, while the removal of the right to employ foreign workers can result from employing even a single undocumented worker.

Rather than blacklisting companies, the department now targets employers engaged in the unlawful employment of foreign workers, preventing them from employing any migrant worker under their name.

In addition to the approximately 110,000 migrant workers employed in the Maldives, the number of undocumented workers have been estimated to be as high as 44,000. Many workers live at congested labor quarters owned by locals.

While some of these workers are engaged in manual labor, others are employed officially by companies and by individuals working for various industries such agriculture, construction, and fisheries – an industry in which foreign workers are not allowed.

As per immigration laws and regulations, foreign employees can only do the type of work for which the visa is issued and only for the employers with whom they are registered.

Voluntary repatriation program

Munaz said that the intention of stricter regulation is not take action against as many people, but to resolve the issue.

He described the voluntary repatriation programme announced last December as an opportunity for employers to get things right, as the department understands how widespread the employment of such workers are in the country.

The programme – offering leniency for undocumented migrant workers who wish to return to their home countries voluntarily on their own expenses – received huge support, according to the department.

By last week, approximately 4,400 workers out of 5,134 that registered for the programme had left the Maldives. Under the scheme, they will be allowed to return within six months of departure. According to immigration, on average 50 of these workers are now leaving Maldives daily.

“The reason we started that programme is because we noticed that a lot of foreign workers who are staying in Maldives unlawfully are forced to do so. They are not doing it intentionally, but circumstances they faced lead them to be in that situation,” explained Munaz.

“If we are to investigate each and every case to see if it was intentional or not, it would take a lot of time to achieve the primary objective of reducing the number of undocumented workers,” he continued.

Some workers are recruited unlawfully at the airport before they even meet the actual employer by promising higher wages and providing false information, said Munaz.

“These people don’t have documents and they actually want to leave. But they can’t. They don’t have their documents. So we helped them through their consulates to create a one way travel document so they could leave. We received a good cooperation from all embassies.”

Munaz said cases identified as human trafficking are forwarded to the police, and cases where there are labour right violations such as non-payment of wages are forwarded to the labour relations authority for further investigation.

“Sometimes employers let their foreign employees go, stop paying them wages, and ask them to go out and seek work on their own. In such cases the employees will not have any place to go, they may not have much savings.”

“Recently there was a case where a group of migrant workers were taken from Malé to another island to work, and after completing the work the employers went to another island and just left them there,” said Munaz.

Workers in such situations who voluntarily approach the department are provided with accommodation at the ‘Bidheysee Hiyaa’ safe house until their travel arrangements are made from the employer’s deposit at the department.

Those who are caught by the department are held at the Immigration Removal Center at Hulhumalé Prison until they are deported.

The People’s Majlis passed the country’s first anti-trafficking legislation last December following international criticism of the Maldives’ moves to prevent the practice.

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Majlis passes Sexual Offenses, and Social Protection bills

The People’s Majlis has passed the Sexual Offense Bill and the Social Protection Bill ,sending them for ratification by the president.

The Sexual Offenses Bill was passed with a majority vote of 67 from 69 members who took part. The Social Protection Bill was was passed unanimously with 69 votes.

A third bill – the third amendment to the Employment Act – was also passed in the final sitting of the third session of the Majlis on 30 December 2013. The amendment was brought to chapter five of the act regarding the employment of foreigners.

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“Good response” to voluntary repatriation program

On average one hundred workers are registering for the Department of Immigration and Emigration’s ongoing voluntary repatriation program for undocumented migrant workers each day, the department has said.

Speaking to Minivan News today, Deputy CEO of of the department Abdulla Munaz said although response had been low initially, more workers are registering now with more than 250 workers requesting for registration by Monday afternoon.

The voluntary repatriation program was designed to provide an opportunity for undocumented migrant workers to return to Maldives within six months and arrange their travel documents with ease.

If undocumented workers are deported they would not be allowed to return for ten years.

The program started on 23 December and will continue till 31 December 2013, and will reopen from 5 – 6 January 2014. Registration will go on from 0900hrs – 1700hrs on these days at Dharumavantha School, Male’.

Workers will be sent back to their countries within two days of registration. Repatriation under this program is voluntary and on the workers’ own expense. The government expects to repatriate between 5,000 – 10,000 workers.

Munaz said there are some undocumented workers who are in that situation because they were mistreated by local employers, and the department will start more rigorous monitoring and taking action against locals who employ and harbor undocumented workers.

“Our goal is not to take action against as many people, but this is a national issue and we will do whatever it takes to tackle this.” Munaz said.

He said that starting from January 2014, action will be taken against employers who are reported for not paying salaries for two consecutive months.

Instead of blacklisting agencies for malpractices, the department will start to ban the person responsible for such activity from future recruitment and will work with the Labor Relations Authority and Maldives Police Service to take all necessary action against such individuals.

The Immigration Act empowers the department to fine anyone who contravenes the act with an amount not exceeding MVR 50,000/- and the Controller of Immigration is given the authority of with \holding such a person’s passport.

Under the “Work Visa Regulation” the Controller of Immigration and Emigration has the authority to deport all migrant workers employed by an employer who contravenes the regulation. And with the Anti Human Trafficking Act coming to power, agencies and employers involved in acts of trafficking, exploitation and debt bondage will face criminal charges.

A connection between increasing number of undocumented migrant workers have been suggested by the Human Right Commission of the Maldives and the US State Department who have put Maldives on their Tier Two Watch List for Human Trafficking for the fourth consecutive time this year.

The Human Rights Commission of the Maldives earlier this year expressed concern over a mass repatriation program, saying that the state should provide such workers with their due wages and compensation before sending them off. A Labor Relations Authority and a Employment Tribunal was established under the Employment Act created to address such issues.

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HRCM introduces benchmark for migrant worker rights

Coinciding with the International Migrants Day, the Human Rights Commission of the Maldives (HRCM) has launched a national benchmark for protecting migrant worker rights.

The benchmark was launched by HRCM President Mariyam Azra and Deputy Minister of Human Resources, Youth and Sports Naaif Shawkath at a ceremony held at Nasandhura Palace Hotel today.

Officials from various stakeholder institutions such as the Maldives Police Service and the Immigration Department were present at the ceremony, later taking part in a forum to discuss the utilisation of this benchmark in their work.

According to the commission, the purpose of having such a benchmark is to encourage protection of the rights of migrant workers and to provide a guideline highlighting the basic human rights principles to be followed.

It is based on the constitution of the Maldives, the Universal Declaration of Human Rights, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW) and other human rights conventions to which the Maldives is a party.

While most of these standards are already obligations on the state, the benchmark itself is not something state institutions are obliged to follow, though the commission members noted the government’s willingness to accept it.

Speaking at the launching ceremony, commission member Jeehan Mahmood said she hoped all institutions would use it as a tool for protecting the rights of migrant workers. She noted the positive response from these institutions in meetings held within past few days to discuss the benchmark’s use in their work.

Advising the government in “formulation of laws, regulations and administrative codes concerning the promotion of a high regard for human rights and the protection and sustenance of such rights” is stated as a key function of the commission in the Human Rights Commission Act.

Speaking at the benchmark launching ceremony Deputy Minister Naaif advised all relevant institutions to accept the benchmark, and thanked HRCM for developing it. He said following it will standardise the work of all institutions.

In a press release issued today, the HRCM called on the state to facilitate implementation of  the recently ratified Anti Human Trafficking Act and reiterated their call to ratify and implement ICRMW as as soon as possible. The Maldives has agreed to ratify and implement this convention on various occasions.

The HRCM has cited the issue of healthcare as major challenge for undocumented migrant workers living in Maldives. According to a video presentation given at the ceremony, such workers hesitate to see a doctor even if they can afford to.

The video also showed that, out of all complaints submitted to the commission regarding rights of migrant workers, 68 percent of cases involved non-payment of wages, unfair expulsions, and the failure to provide food and shelter. 18 percent of cases were said to concern health issues while in detention.

Among other complaints received by the commission are the withholding of travel documents and work visas, refusing leave from work, and the termination of employment contracts without prior notice.

While there is no accurate official figures of the migrant worker population in the Maldives, the highest estimates suggest that it crossed the 100,000 mark in 2011, whilst the number of undocumented migrant workers have been placed as high as 44,000.

These numbers indicate that migrant workers might now represent more than one third of the total population.

The country was this year kept on the US State Department’s Tier Two Watch List for Human Trafficking for the fourth consecutive year, with promises that demotion to the third tier would be guaranteed in 2014 without significant progress being made.

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Tourism worker union threatens voter boycott if workers’ rights not protected

The Tourism Employees Association of Maldives (TEAM) has announced a list demands targeted at government authorities and have threatened to boycott the upcoming presidential elections if workers rights are not protected.

TEAM and the Maldives Port Workers Union (MPWU) organized a joint concert event near the tsunami monument in Male’ to celebrate International Labour Day (May 1) – also referred to as ‘May Day’ – and show support for workers’ human rights.

During the event, which featured three Maldivian rock bands and a bodu beru (traditional drumming) group, TEAM highlighted four demands for tourism industry employees working at resorts and on safari boats:

1) receive 99 percent “equal and fair distribution of service charges with transparency”;
2) have Maldivians fill 80 percent of the industry’s jobs;
3) have the Freedom of Assembly Act amended to remove clause 24(7)b which bans certain gatherings, effectively making strikes illegal;
4) receive a minimum wage of US$600 for tourism sector employees.

“There is no reason for us to work if our human rights are not protected,” TEAM Secretary General Mauroof Zakir told Minivan News today (May 2).

“The government has not taken any responsibility, they don’t care what happens [to workers]. It’s all about power for them,” he added.

“There are 15,000 Maldivian employees in the tourism sector and they are the breadwinners for their families. As family leaders, they will listen to what we have to say, so if we call for a voter boycott that’s about 75,000 votes we can control,” claimed Zakir.

“Current legislation mandates 99 percent of service charges be distributed among employees, however many companies are not following the law,” he stated.

“The majority of workers only receive about 500 MVR (US$32) to 1000 MVR (US$65) in service charge tips. It’s totally rubbish,” he added.

Zakir explained that foreign migrant workers hold 70 percent of tourism industry jobs (the legal maximum is approximately 50 percent but is widely unenforced), while over 30 percent of young people are unemployed – approximately 40,000 people.

“The Maldives is in a deep recession. The current government policy requiring 45 percent of tourism jobs be reserved for Maldivians is totally wrong,” Zakir declared.

“Cheap labourers don’t demand their rights be upheld. They are willing to work 14 to 16 hour days. These are slavery style operations,” he said.

Zakir explained that management in the tourism industry often cultivated frustration between Maldivian workers and foreign workers as a divide and conquer strategy.

“TEAM is not only for locals, we support migrant workers’ rights as well,” he added.

Regarding TEAM’s third demand, Zakir also spoke about the strike ban preventing groups of more than one person from gathering at resorts, on safari boats, or on industrial islands.

“This is a clear violation of human rights,” he declared.

The call for the minimum wage to be increased is another fundamental issue affecting quality of life, with the average salary actually being between US$152 and US$350, according to Zakir.

“This is not enough to live given the high cost of goods, rent, and inflation,” he said.

He claimed the government’s average figure of US$400 was “totally wrong”, while TEAM had at members at all resorts with access to actual salary information.

Although some resorts pay a higher minimum wage and percentage of service charges, workers’ financial security is still at risk if occupancy drops or anything unexpected happens at the resort that would affect the service charge amount, explained Zakir.

A petition with the list of TEAM demands is being circulated to all the resorts in the Maldives and will then be submitted to the relevant government authorities – President’s Office, Speaker of Parliament, and the Tourism Ministry. The next step will be to establish a timeframe to conduct negotiations.

“We will make them listen and talk,” Zakir stated.

“The government needs to legally implement the [International Labour Organisation (ILO)] international conventions, they’ve agreed to uphold,” he added.

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Foreign workers locked in house after allegedly “refusing to work and attempting to flee”

Police have discovered six foreign workers locked in a house after they were reportedly accused “of refusing to work and attempting to flee”.

All six of the male workers were found in a house located in the Male’ neighbourhood of Henveiru, according to local media.

While responding to a report made by a foreigner, the police discovered the the workers at approximately 10:30am Monday (April 8).

As the foreign workers exited the house, spectators claimed the workers had refused to do their jobs and as a result had not been receiving their salaries. The man responsible for the workers was also present, reported local media.

Immigration Controller Dr Mohamed Ali told Minivan News that police were investigating the case and would report back to the Department of Immigration and Emigration.

“We are working on it,” Ali said.

Police Spokesperson Chief Inspector Hassan Haneef was not responding to calls at time of press.

The workers’ nationalities, the conditions of their employment and housing have yet to be confirmed.

Migrant workers

Last week the Department of Immigration said 57 unregistered foreign workers were detained by police on April 1 and were being processed by authorities ahead of a decision on whether they will face deportation.

In February, a Maldivian trade union alleged that corrupt immigration practices and the use of unregulated employment agencies by private and state employers was limiting efforts to curb abuse of migrant workers and prevent illegal practices such as retaining their passports.

The Tourism Employees Association of Maldives (TEAM) claimed that while companies are not permitted to retain the passports of foreign workers, some hospitality operators – as well as unregulated third party agencies and government ministries – are still keeping employee travel documents without consent.

At the same time, a source with knowledge of the current immigration system told Minivan News that the practice of retaining passports – a long-standing habit of Maldivian employers – was a key contributor to human trafficking in the country.

In May 2012, a total of 47 Bangladeshi nationals working for a local security firm were seized by the Department of Immigration as part of a wider crackdown on unregistered migrant workers.

Immigration officials at the time claimed that the company the men had been working for had been in operation for 10 -12 years, yet no information could be found on its operations during a subsequent investigation by authorities.

In 2010, it was claimed that the exploitation of foreign workers in the Maldives rivals fishing as the most profitable sector in the Maldivian economy after tourism.

Human trafficking

The Maldives has appeared on the US State Department’s Tier Two Watch List for Human Trafficking consecutively for three years. Should the Maldives drop to tier three – the worst category – then the country is expected to face significant reductions in aid and potential travel restrictions on its citizens.

The Maldivian government recently launched a special campaign intended to raise awareness of foreign workers’ rights, while earlier this year eight “fundamental” International Labour Organisation (ILO) conventions were ratified in order to bring legislation on employee rights and trade unions in line with international standards.

However, independent institutions in the Maldives have maintained that the country – under successive governments – has yet to ratify a core convention on protecting migrant worker rights, while no legislation is in place to punish those involved in smuggling workers though the country’s borders.

The Prosecutor General (PG’s) Office has also confirmed that a lack of legislation has meant no cases have been prosecuted against human traffickers in the Maldives at present.

Meanwhile, the Human Rights Commission of Maldives (HRCM) has accused state and private sector employers in the country of lacking consistency in their efforts to address human trafficking, preventing “real” change in controlling illegal migration.

In January, President Waheed expressed concern about the rising number immigrants in the Maldives, claiming that the “foreign influence” threatens the country’s “Maldivianness”.

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