Day: October 19, 2014

MACL ordered to pay nearly MVR1 million in pay discrimination damages

The Employment Tribunal has ordered Maldives Airports Company Ltd. (MACL) to pay nearly MVR1 million (US $65,000) in damages over discrimination in salaries.

The case lodged in 2012 by 40 air traffic controllers alleged MACL had failed to provide adequate training, changed the company’s policy on salaries without prior notice, and forced employees to work without leave.

The Employment Tribunal however dismissed these claims, but said MACL had allocated different salaries to employees doing the same work, contravening Article 4 of the Employment Act.

The three member tribunal ordered MACL to pay the 40 air traffic controllers MVR987,000 in damages by October 27.

Lawyer Ibrahim Riffath hailed the verdict as “historic and significant victory” and noted the case was the first class action suit of its kind in the Maldives.

He applauded the 40 staff for their bravery in raising the issues in court while continuing to work at MACL.

“The compensation claim is significant especially since MACL is a major company in charge of the country’s most important airport. This case highlights the importance of workers fighting for their rights regardless of the company they work for,” he said.

An air traffic controller who wished to remain anonymous told Minivan News that MACL had resolved several issues raised in the tribunal case, such as work without leave, after the case was lodged.

“We had to go far this far because MACL refused to acknowledge its shortcomings,” he said.

“I call on other workers to raise any issue they may have with the Employment Tribunal. Do not remain frustrated at work. Use your rights,” he said.

During the presidential elections in October 2013, over 95 percent of air traffic controllers called in sick en masse over pay grievances, safety concerns at the airport and the Supreme Court’s delay of the presidential run-off election.

Several flights were delayed and MACL had to call in officers from Maldives National Defense Force (MNDF) to operate the air traffic control tower.

They had demanded the reinstatement of a professional grading system, adherence to International Civil Aviation Organisation (ICAO), and the holding of the presidential run-off election which had been suspended by the Supreme Court.

“This was not a political issue,” an air traffic controller said at the time. “But now because we’ve lost trust in and cannot negotiate with the current government, [the strike has taken a political direction].”

In March, hundreds of MACL employees went on a four hour strike over the poor quality of food and cuts to annual company bonuses.

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Police urge public vigilance as hunt for “dangerous” convicts continues

Police have called upon the public to be vigilant as the search for two escaped convicts continues.

“The Maldives Police Services appeal to the beloved public to be aware of two dangerous criminals who were escaped from Maafushi Jail where they were serving life sentences,” read a police statement today.

Authorities have today reported no progress in the search for two convicts who escaped on Friday (October 17).

Ibrahim Shahum Adam – aged 23, and Fariyash Ahmed – aged 26 – were both serving life sentences for separate murder cases.

Police have pledged to take action against any persons withholding information regarding the whereabouts of Shahum and Fariyash, calling on the public to pass any information they may have to the following numbers: 332 2111 or 9911099.

Correctional services working alongside the Maldives National Defence Force have conducted searches of the area surrounding Maafushi, but told Haveeru today that there had been no developments in the search.

Authorities have searched the island, 17 miles from the capital Malé – also home to the highest number of guest houses in the country – and has notified nearby resorts.

Haveeru has reported that the pair escaped by sawing through an air vent after having identified a blind spot in the perimeter security. Home Minister Umar Naseer has described the escape as a good opportunity to learn about loop holes in security.

In August 2010 police arrested Shahum in connection with the murder of 17-year-old Mohamed Hussein. After extending his detention for six months, the Chief Judge of the Criminal Court Abdulla Mohamed released him citing a lack of cooperation from the then Nasheed government.

Shahum went on to stab 21 year-old Ahusan Basheer after being released. He was later taken into custody from an uninhabited island and charged with terrorism in relation to Hussein’s murder.

Fariyash was sentenced to life imprisonment for his part in the murder of Mohamed Shihab, from Kaduolhi in Gaaf Alif Villigili, on the island of Maamendhoo in 2006.

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Bridge survey to start on Friday, says Adeeb

A surveys for the Malé-Hulhulé bridge project will begin on Friday, Tourism Minister Ahmed Adeeb has revealed.

After signing an MoU regarding promotion of the ‘mega project’ during the visit of Chinese President Xi Jinpeng last month, a team from China will arrive on Thursday to carry out the survey.

“After that, we will obtain the required finance for project and start practical work on the bridge,” said Adeeb, also Chair of the cabinet’s Economic Council.

“I see the survey starting within one month from signing of Memorandum of Understanding with Chinese government as a huge victory,”  he told Haveeru.

The survey will determine the pier points for the proposed bridge which will link the capital island Malé with the airport island of Hulhulé.

The project has been mooted by successive governments, with previous plans considering a bridge connecting the airport island with the Rahlugandhu area on the south-eastern corner of Malé, the artificial beach area, or the northen harbour via Funadhoo island.

Local media have confirmed that Chinese aid will cover the expense of the survey – reported to cost $3-4 million.

The government has insisted that the project can be completed within two years, with the Ministry of Economic Development suggesting it will help to ease urban congestion in the capital island – one of the most densely populated in the world.

President Abdulla Yameen confirmed that China had pledged to support the bridge project during his official state visit in August, promising a feasibility study before the end of the year.

During the historic visit of President Jinpeng last month – the first by a Chinese head of state to the Maldives, the leader suggested the finished project might be named the ‘China-Maldives Friendship Bridge’.

Diplomatic ties between the two nations have grown in the wake of the large numbers of Chinese tourists visiting the Maldives – now thirty percent of total arrivals.

While visiting the Maldives, President Xi reiterated his calls for the Maldives to become involved in the creation of a 21st century maritime silk road linking China to the east coast of Africa and the Mediterranean.

Chinese news agency Xinhua reported yesterday that China’s maritime ‘Silk Route’ would pass through the Ihavandhippolhu Integrated Development Project – or ‘iHavan’ – in the northernmost atoll in the Maldives.

An preliminary contract agreement on the development of Ibrahim Nasir International Airport – based on Hulhulé island – was also signed between the two nations during September’s visit.

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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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