Expat worker injured in fall

A Malaysian national, working on the construction of the new parliament building in Male’, has sustained head injuries after falling three stories, , local media has reported.

The safety near the first floor broke his fall. That’s why the injuries weren’t that serious. He suffered head injuries because it hit the metal pipe of the safety,” an official from the construction company involved told Haveeru.

The man, said to have fallen at 10am today is reported to be in a stable condition at ADK hospital.

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Largest safari boat ever constructed in the Maldives launched

The largest safari yacht ever constructed in the Maldives was launched from Alifushi port in Raa Atoll on April 22, local media reports.

The vessel was commissioned by Polish company “Scuba Spa”, which is registered in the Maldives, and constructed by Alifushi Island resident Mohamed Yusuf.

The 167 foot by 37 foot boat was under construction for two years and four months, Yusuf told local media. In 2010, an electrical fault caused the vessel and construction shed to burn down, however construction was re-started the following year.

While Scuba Spa has spent approximately MVR 5 million (US$ 324,255) on the boat, the construction costs alone totalled nearly MVR 3 million (US$ 194,553), according to Yusuf.

Lowering the vessel into the water took the construction team three months, he added.

The safari yacht is currently being loaded with travel necessities and Scuba Spa plans for the first passengers to arrive May 4, Yusuf said.

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Fictitious labour demand fuelling “systematic” migrant abuse in Maldives

Registered companies across the Maldives are freely abusing visa regulations by wildly exaggerating or even fabricating construction or business projects to traffic foreign workers into the country, an immigration source has alleged this week.

The source told Minivan News that almost no human verification was being undertaken by authorities to ensure workers were genuinely employed once a business or construction project was approved.

This lack of verification was allowing paper companies in the Maldives to submit fictitious contracts or structural designs to the immigration department to obtain a disproportionately high quota of foreign workers.

In theory, a Maldivian company could submit design plans for an existing structure such as Manchester United’s 75,811 seat Old Trafford Stadium – and then be assigned a computer-generated quota of foreign workers, the source claimed.

“Companies are recruiting people [abroad] for their own financial benefit,” the immigration source said. “They are producing the image that they are in need of labour.”

Fictitious applications could be made with little fear of a company or individual facing legal action,  due to the lack of any formal verification process for new building or work sites once authorised by a staff member at the immigration department, the source alleged.

“A company can simply produce a document or structural drawing from the internet, which they can submit online to obtain a work quota,” the source claimed. “If you tried using a design for a building like Velenagee, that is obviously known, but out on the islands [in the country’s outer atolls], verification is much harder,” he said.

The Maldives has appeared on the US State Department’s Tier Two Watch List for Human Trafficking for three consecutive 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.

Minivan News was told that even with the implementation of an online visa registration system, the immigration department was failing to cross reference companies registered with the Maldives’ trade ministry to ensure that their stated businesses and labour requirements were genuine.

In one case detected this year, the source said that immigration officials had discovered that one ten-storey construction project in the capital had been given a quota of 120 foreign workers despite already being fully built and furnished.

“If someone is not going to check projects in person, this system is completely open to abuse,” the immigration source added.

Foreign workers were paying as much as US$4,000 to labour brokers to come and work in the Maldives, explained the immigration source, creating an incentive for the creation of false jobs on the Maldivian side. This fee is then divided between traffickers operating in the source country and the Maldives.

The Maldives does not presently have legislation allowing authorities to press charges against individuals directly for the offence of human trafficking – with legislation presently under review in parliament.

However, the immigration source said that it was still possible to penalise any Maldivian suspected of trafficking foreigners into the country on the grounds of contravening the Maldives Immigration Act, ratified in 2007.

“If a Maldivian tries to go against this law they should be penalised with very heavy fines. The law has been in place since 2007,” the source claimed. “Yet has anyone been fined for illegal immigration activity? The answer is no. The legal authority to do this is there.”

Immigration Controller Dr Mohamed Ali told Minvian News earlier this week that while almost all foreign workers coming to the Maldives arrived under registered companies, some were finding themselves “illegally used” by employers due to “systematic abuse” of the visa system.

Legislative challenges

Another source who has held senior positions in the Maldives criminal justice system, under both the current administration of President Dr Mohamed Waheed and the government of former President Mohamed Nasheed, said the country faces several challenges in prosecuting human traffickers.

Speaking to Minivan News on condition of anonymity, the source claimed that prosecutors were using outdated legislation set out in the country’s 1967 penal code that had not anticipated a crime such as human trafficking when it was first ratified.

In recent years, the Prosecutor General’s Office (PGO) worked with foreign organisations such as the Australian government to help draft legislation against human trafficking and people smuggling, according to the source. The bill has also been viewed by their US government to ensure “conformity” with its own requirements.

As a result, the source said that in recent years the PG’s Office had dealt with several cases of alleged human trafficking, which notably included a group of foreigners  found with a large number of forged passports.

However rather than prosecuting the suspects of charges of human trafficking as alleged by the police, they were instead prosecuted on charges of forgery.

“In that case, forgery carried a heavier punishment than any other possible provisions that could be used to prosecute on ‘human trafficking’ charge (i.e Section 88(a) of the penal code). In the Maldives, we don’t have to charge someone for multiple offences if it was committed at the same time,” the source claimed. “Prosecutors have to choose the most dangerous crime and proceed.”

The legal source suggested that in other suspected human trafficking cases raised by police, alleged victims were still provided the opportunity to contact authorities or transfer money abroad, requiring much more scrutiny to identify if those involved may have been smuggled illegally into the country.

“Additionally, because there are no laws defining what human trafficking is, the risk was that if we prosecuted someone for human trafficking and tried to set a precedent, the judges were not exposed (or forward thinking) enough to convict someone of the crime,” the source claimed.

“It was too risky to try something new and risk putting someone so dangerous on the loose. So the general idea was to be cautious.”

With human trafficking legislation remaining under review in parliament, the legal source claimed that “smooth implementation” of any new laws was required to make sure all Maldivian authorities, as well as criminal justice systems across the region, understood their obligations towards prosecuting human trafficking.

Corruption was identified as another major concern by the source concerning the value of illegal labour to the Maldives economy. One former Bangladesh High Commissioner in the Maldives alleged back in 2010 that the exploitation of foreign workers in the country rivaled fishing as the most profitable sector in the national economy after tourism.

The government has in recent months launched a special campaign intended to raising awareness of the rights of foreign workers.

Addressing the current scope of unregistered foreign labour, Maldives Association of Construction Industry (MACI) former President Mohamed Ali Janah said earlier this year that an estimated 40 percent of the foreign employees in the sector were thought not to be legally registered.

Considering these numbers, Janah said he could not rule out the involvement of organised crime in certain employment agencies, which supply a large amount of foreign labour to building sites in the Maldives.

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MTCC and government finalising agreement for construction of 22 harbours

The Maldives Transport and Contracting Company (MTCC) is in talks with the government to finalise an agreement to construct 22 harbours under a so-called contractor finance policy.

MTCC CEO Dr Ahmed Adham has told local media that the government has agreed to guarantee a loan of US$30 million required for undertaking the project, with the state then having a five year grace period to pay for the construction under the proposed policy.

“Despite the government guarantee, we will be repaying the loan. In addition we are currently engaged in discussions with our equipment partners to come to an agreement,” Adham was quoted as saying by newspaper Haveeru.

Reports over the new agreement come days after the government announced it would be delaying implementation of any new development projects financed out of the state budget due to shortfalls in its revenue.

The decision to suspend new projects was revealed earlier this week by Housing Minister Dr Mohamed Muiz during the signing of contracts to build harbours in four islands.

Muiz said at the time that he was instructed by the finance ministry not to commence any further infrastructure projects included in the 2013 budget, such as harbour construction or land reclamation.

Speaking to Minivan News today, Finance Minister Abdulla Jihad said the reported agreement set to be signed between the government and MTCC was not related to the decision to delay starting any further development projects.

Jihad added that the harbour developments currently under discussion as part of the contractor finance policy had already been included within the state budget.

“It is just the mode of financing that is different,” he said today.

According to local media, the MTCC plans to sign the new harbour agreement with the government next week.

There have been “constraints” to obtain funds for projects already awarded by the government, however Adham Haveeru he was “confident the government will hold up its end in the new contracts and make the progressive payments.”

“We are presently carrying out projects under progressive payment policy. Government has assured us that it would make the payments without interruption.”

Currently the MTCC is conducting work on harbor projects for 17 government-assigned islands.

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4000 square feet of land awarded to Maldives Association of Construction Industry (MACI)

Maldives Association of Construction Industry (MACI) has been awarded 4000 square feet of land in Male’ for the construction of the association’s building.

Speaking at the handover ceremony on Monday night (February 25) President of MACI Mohamed Ali Janah said the 10-storey building to be constructed on the site will be used to conduct training programs for people who want to join the industry, local media reported.

“It is a difficult task for an organization like ours to construct such a building and conduct it in a sustainable manner. We have planned to use a number of financial models for the construction of the building,” Janah was quoted as saying in Sun Online.

Janah said that the building will be designed within a year and the construction work is expected to bring the building to an operational level within 30 months.

The handover agreement of Male’ plot number 392 was signed on behalf of the government by Minister of Housing Mohamed Muizz.

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Cabinet to establish safari boat marina near Male’

A safari yacht marina is to be established in near Male’ to provide safe port facilities for vessels, local media has reported.

The President’s Office said cabinet made the decision after discussing a paper presented by the Ministry of Transport and Communication.

The cabinet noted that safari boats – which often serve alcohol on board – are one of the main generators of foreign currency.

According to local media, a competitive bidding process will be used to find an appropriate party for the project.

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Agreement signed for construction of new roads on six islands

A MVR 424 million (US$27.5 million) agreement for the construction of roads on six islands has been signed by the Ministry of Housing and Infrastructure and Maldives Road Development Corporation (MRDC).

The islands chosen for the road construction project are Dhidhdhoo in Haa Alif Atoll, Hanimaadhoo in Haa Dhaalu Atoll, Kudahuvadhoo in Dhaalu Atoll, Vilufushi in Thaa Atoll, Villingili in Gaaf Alif Atoll and Thinadhoo in Gaafu Dhaalu Atoll.

According to local media, nine roads are to be constructed in Vilufushi, fifteen in Villingili, 21 in Thinadhoo, 13 in Kudahuvadhoo, 21 in Hanimaadhoo and 15 in Dhidhdhoo.

Speaking at the ceremony, President Mohamed Waheed Hassan Manik expressed hope that road construction work in the six islands would be completed soon.

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Construction chief not ruling out “organised crime” behind foreign worker surge

Almost half the employees in the Maldives’ construction industry are unregistered, the head of the Maldives Association of Construction Industry (MACI) has told Minivan News.

MACI President Mohamed Ali Janah said an estimated 40 percent of the foreign employees in the sector were thought not to be legally registered.

Considering these numbers, Janah said he could not rule out the involvement of organised crime in certain employment agencies, which supply a large amount of foreign labour to building sites in the Maldives.

Earlier this month, the Human Rights Commission of Maldives (HRCM) accused state and private sector employers in the country of lacking consistency in their efforts to address human trafficking.

The government – for its part – recently launched a ‘blue ribbon’ campaign with the aim of raising awareness of the rights of foreign workers, while also ratifying eight “fundamental” International Labour Organisation (ILO) conventions.

However, local independent institutions in the Maldives say the country is yet to ratify a core convention on protecting migrant worker rights, while no legislation is in place to punish those involved in smuggling workers.

Migrant worker demand

Janah claimed that 95 percent of construction groups operating in the country were Maldivian owned. However, as the country’s second largest industry on a GDP basis, the vast majority of employees in the sector were migrant workers, he said.

“We employ a huge workforce of some 60,000 to 70,000 people,” Janah explained. “Of these people, sadly we have 40,000 to 50,000 who are expatriates. We estimate there are some 15,000 to 20,000 Maldivian staff,  which includes management through to the supply chain.”

Of these migrant labourers, Janah said only some 30,000 were registered as construction workers.

“There are no records of where [these workers] come from. This is something we need to correct,” he said.

Highlighting the huge growth in the country’s unregistered migrant workforce, Janah said that in 2003 there were just 3000 foreign employees working illegally.

“At the time we thought that number was too high. Today, it has exceeded 50,000. This is hearsay. We don’t have the right statistics on this, it could be 100,000, but who knows,” he said. “The truth is that the economy is thriving because of these people,” Janah added.

Employee “mismanagement”

Over the last decade, MACI has said it has sought to advocate against the growth of illegal labour and mismanagement of foreign labourers by the construction industry.

A lack of Maldivian workers looking for jobs in the industry meant that the sector – as with many of the country’s prominent industries – was dependent on skilled and unskilled workers from abroad.

The Maldives could learn from how other thriving construction markets were dealing with the exploitation of foreign work forces, he said.

“The Maldives is experiencing what Singapore and some Middle Eastern countries experienced in the 1990’s, which is a huge influx of an unmanageable immigrant workforce that is not registered,” he explained.

“I cannot call them illegal immigrants or something like that. But I also wouldn’t rule out that organised crime is involved in this. This is being done with the support of several agencies in [several] countries and needs to be addressed – this is something respective governments need to look into.”

Aside from the construction industry, Janah also called for greater regulation of third party employment agencies that were often responsible for registering and providing foreign staff to building companies in the Maldives.

“[These agencies] pay a nominal fee to register themselves, yet they do millions of rufiyaa in business. They should pay a security deposit themselves in case something goes wrong,” he said.

Janah claimed said his own Maldives-based construction group, Alysen Services Pvt Ltd, had now opted against using third party agencies in favour of its own HR department. He said some eight to nine million rufiya was spent on deposits for foreign workers.

Accepting that employment agencies were vital to meeting the country’s workforce needs, he said MACI recommended its members look at the track record of these companies to limit the likelihood that the staff they were hiring were victims of human trafficking.

“Our advice is that employees themselves should not be charged any fees themselves by agencies to come here to work,” he said, a policy recommended to all MACI members as the best way to avoid association with organised crime.

Managing the workforce

However, Janah contended that managing the country’s foreign labour market was not something the industry could do alone, adding that government involvement was vital.

He pointed to a need to learn from different construction models not just in the region but internationally, pointing to other nations that have worked to legitimise foreign workers by requiring individual construction projects to be registered with local authorities.

With this registry in place, Janah said construction workers would then be required to be attached to a legitimate project in the country.

He also pointed to attempts by the former and present governments to provide an amnesty for unregistered workers in line with a similar scheme run in Dubai.

However, Janah stressed that Dubai’s amnesty was followed by a much stricter policy on migrant workers including the use of a “proper border control system”.

By comparison, he noted that successive administrations in the Maldives had failed to address human trafficking problems before implementing such an amnesty.

“The problem is that the government just adds rule after rule without addressing [immigration] problems,” Janah said, claiming that companies legitimately employing foreign workers were being forced to pay for the mistakes of others.

“There is collateral damage as a result of these policies. Many companies are suffering from the [work] permit issue.”

MACI contended that the worker quota system employed by Maldivian authorities in recent years made it possible to register a business as a construction company, even without fulfilling the “basic criteria” required of such an enterprise.

He said authorities should require construction companies to be registered not just as a business entity at the Ministry of Economic Development, but also with the Ministry of Housing.

However, the MACI president concluded that much more work needed to be done by the construction industry itself to try and curb the practice of unregistered workers to ensure they were not being made the victims of human trafficking.

“A lot more work needs to be done by industry. Companies who are entering the industry should not take short-cuts and must adhere to rules,” he said.

Janah added that a failure to address these concerns would not be feasible for the country in the long run, particularly with the amount of US dollars leaving the country as remittances.

“We need these workers,” Janah said. “But can we manage with less if we are more efficient?”

Janah also reiterated concerns raised by the Immigration Department and President Dr Mohamed Waheed Hassan Manik that a continued influx of unregistered and illegal workers could see the migrant population outgrow the indigenous Maldives population if unchecked.

Earlier this month, a Maldivian trade union alleged corrupt immigration practices and the use of unregulated employment agencies by private and state employers were limiting efforts to curb abuse of migrant workers and prevent illegal practices such as retaining staff passports.

The comments were made as a source with knowledge of the current immigration system also 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.

Meanwhile, back in January, a Malaysian IT company at the centre of legal wrangling over a deal to provide a border control system (BCS) to the Maldivian government alleged “criminal elements” could be behind efforts to scupper the agreement.

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Special harbour to be constructed for safari vessels

A special harbour is to be constructed in order to serve safari vessels catering for tourists, the Tourism Ministry has announced.

Deputy Minister for Tourism Mohamed Maleeh Jamal told local media that the harbour will be constructed along with the second phase of the Hulhumale’ development project and that work will begin soon.

“Safaris are in need of a good harbour. So far we have not been able to facilitate this. It is included in the fourth master plan, and during our various meetings, the idea is to build a harbour especially for safaris,” Maleeh was quoted as saying in local media.

The deputy minister did not specify the size or the facilities the harbour would provide, local media reported.

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