Tag: Department of Immigration and Emigration

Trapped in the Maldives: foreign nationals stranded due to employers, state failing to resolve visa issues

A growing number of foreign nationals are finding themselves forbidden from leaving the Maldives by immigration staff, due to the failure of state and private employers to renew visa documentation.

The Indian High Commission in the Maldives told Minivan News it was now demanding government intervention after receiving complaints from expatriates claiming they have been blocked from boarding planes at Ibrahim Nasir International Airport (INIA), and stranded in the country indefinitely.

Minivan News has learned of cases where expatriates from India, the UK, the US and the Philippines have been blocked from leaving the country due to issues with visa documentation attributable to the negligence of state authorities and employers – in some cases, government ministries.

Unable to leave – and in some cases fined extortionate sums on behalf of the employer – foreigners are complaining of being trapped without funds, accommodation or legal representation.

As employers are responsible for arranging work permits on behalf of their foreign employees, foreign nationals are unable to submit or collect their own visa documentation, effectively stranding them in the Maldives at the mercy of their employers and state authorities while renewals are underway.

One UK national, seeking to ensure his own work permit was processed, even told Minivan News he was refused service at the immigration office on the grounds of “Where’s your owner?”.

An Indian High Commission source this week accused authorities of persecuting foreign nationals for the failure of the state and private employers to correctly renew or register foreign staff in the required time, depriving expatriates of their freedom of movement.

In just the past few days, the high commission said two Indian nationals had missed flights and been stranded in the Maldives while waiting for employers and government authorities to resolve the outstanding issues with their paperwork.

One of those affected, licensed pathologist at the state-run Indira Ghandi Memorial Hospital (IGMH), Dr Anjula Jain, was prevented from returning to India last week after completing her contract with the Ministry of Health.

She was forced to wait several days before receiving approval to book another flight with her own money.

Dr Jain has since filed an official complaint over her treatment with the Indian High Commission.

A High Commission source said Dr Jain had been told at immigration counter that she could not leave the country as her work visa had expired, despite the Health Ministry being in the process of renewing her documents.

Despite possessing papers showing the renewal process was ongoing, the doctor was still refused permission to leave.

Dr Jain was then asked to obtain a letter from the Health Ministry confirming the renewal of her documents was underway, before finally obtaining clearance from the Department of Immigration to leave the country days later.

The High Commission source said it was extremely concerned that Maldives employers, especially state authorities such as the Health Ministry, were continuing to employ foreign nationals even after their visas had expired, resulting in serious difficulties for the workers.

“There is a serious problem here for expatriates working for private and government companies where a visa is not renewed in time, with some people even having their bank accounts frozen and being deprived of their rights,” the source said.

“One call is too many,” the source said. “Concerns have been raised with [State Foreign Minister] Hassan Saeed as some similar cases have been brought to our attention. [The commission] will be checking with authorities that a systematic resolution can be found by the government to resolve this issue.”

Trapped in Male

Several foreign staff of varying nationalities working in areas ranging from tourism to the NGO sector have told Minivan News they are effectively barred from leaving due to problems with paperwork they are unable to resolve without the assistance of ambivalent employers and immigration staff.

One US national working in the NGO sector told Minivan News that she remains blocked from leaving the country due to a delay in obtaining a visa stamp in her passport, after discovering at the immigration counter that a previous employer had failed to pay outstanding visa charges.

Speaking to Minivan News on condition of anonymity, the woman said that during a recent attempt to fly to Sri Lanka for a medical reasons, immigration staff  had summoned an airline official, who had ripped up her ticket in front of her.

“I spent a year working for my former employer. It took six months of demanding my passport be returned to me before it was, however I was constantly reassured all my documentation was in order and there were just processing delays. So I was very surprised to discover they had failed to pay the appropriate work visa fees,” she said.

“This has not only caused problems for my current employer, it has put me in a very vulnerable position as an expatriate worker. I’ve been prevented from leaving the country – urgently for health reasons – by the Immigration Department because of these unpaid fees resulting in my documentation not being properly updated.”

The US national said she was now effectively at the mercy of previous employers to resolve the outstanding payments, as she was unable to afford the the MVR 15,000 (US$1000) in fines demanded by immigration authorities to allow her to leave the country.

“Despite being in constant contact with my former employer about these issues, and some of the members showing genuine concern, they have still failed to resolve the issue nearly seven months later. Instead they blame me for these issues, when it’s clearly their own professional incompetence. It’s a foul betrayal to have dedicated so much time and energy, as well as made numerous personal sacrifices, in order to partner with this organisation to achieve their mission, merely to be blatantly disrespected as a professional and individual,” she said.

“Foreign workers in the Maldives – of any nationality – are treated like slaves, or indentured servants at best.  As a professional woman, it’s worse because you have to navigate the sexism and endure a lot of harassment – which would never be allowed if this was a country that respected its foreign employees.”

By contrast, the US national believed the only method to have visa documentation approved in a quick manner was to go through recruitment ‘agents’, alleging that corruption seemed to be endemic within the system, despite tight restrictions imposed on foreign professionals.

“The most ridiculous part of the situation is that in addition to my former employer’s incompetence, the department of immigration has been in a state of flux since Feb 2012, but this is not taken into consideration by the government. They don’t care. Illegal foreign workers are brought into the country and exploited in droves, but immigration punishes legitimate workers claiming they know what they are supposed to do,” she argued.

Employees must take responsibility: Immigration

The Department of Immigration confirmed it was aware that foreign nationals had been prevented from leaving due to their employers not having obtained visas correctly.

However, the immigration authority argued that the Maldives, like countries all over the world, required foreign nationals to have the correct visa documentation to enter or leave the country, even to their homeland.

Immigration Department spokesperson Ibrahim Ashraf said all expatriates would be aware that, in order to stay in a foreign country, it was mandatory to have the correct and valid visa.

Ashraf said that there had been a “huge backlog” of visas that were required to be processed by employers such as the health and education ministries, claiming that immigration authorities had made special arrangements to fast track visa renewals.

“This should not be happening,” he said of expatriates being prevented from boarding flights out of the country.

Ashraf claimed the Immigration Department had not been made aware of any concerns raised by the Indian High Commission over the issue of stranded workers, suggesting some issues may have been related to a “huge misunderstanding” of the visa system by employers.

“Payments for visas have to be made to the Maldives Inland Revenue Authority (MIRA), with passports then officially needing to be processed with the Department of Immigration once payment is complete,” he said. “The visa sticker has to be there in the passport.”

Ashraf stressed that a correct visa sticker was requested by airlines as well as foreign authorities to allow a foreign national to board any international flight.

Health Ministry backlog

Responding to the Indian High Commission’s concerns about Dr Jain, Permanent Secretary at the Ministry of Health Geela Ali told Minivan News said she was unaware of the case.

However, she accepted there had been issues with foreign doctors not being able to leave the country as a result of problems relating to visa extension issues, such as the transfer of staff from health corporations established under the previous government back to the ministry.

Geela insisted there were no longer recurring problems with visa extension of expatriates working for the health ministry, despite a backlog of outstanding documentation preventing staff from leaving, and said many issues had been resolved.

“The matter is now under control, but obviously there will sometimes be employees who cannot leave over visa issues,” she said.

Geela said IGMH was responsible for its large foreign workforce, and any workers who were facing issues leaving the country.

Indian authorities meanwhile last year slammed the government and some private employers for failing to reissue visa documentation to expatriates who were forced in some cases to wait weeks in Male to return home for visits and emergencies, including one worker’s own wedding.

In January, the high commission provided local media with a list of 11 grievances affecting its relationship with the Maldives, including discrimination, the keeping of passports of Indian nationals by employers, and the failure to repatriate mortal remains of foreign workers.

The source expressed confidence that authorities would find a resolution to the various grievances raised, despite claiming that no progress had made on any of the issues raised at time of press.

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Nexbis sends Maldives US$2.8 million bill for operation of border control system

Malaysian security firm Nexbis has invoiced the Department of Immigration and Emigration for US$2.8 million (MVR 43 million) for the installation and operation of its border control system in the country, in line with a concession agreement signed in 2010.

Immigration Controller Dr Mohamed Ali confirmed that Nexbis had submitted a bill seeking charges for the period its system has been in use, as work continues on replacing the Malaysian company’s border controls with new technology provided by the US government.

Immigration officials have said that although “testing” is currently underway on the new US-donated system, Nexbis’ border control technology remains in use at present.

Nexbis’ legal representatives in the Maldives, Suood, Anwar & Co, have requested that within 30 days, the country’s immigration officials pay the company its share of a fee levied on every passenger arriving and departing from the country, Sun Online has reported.

Under the concession agreement signed with the Maldives government, Nexbis levied a fee of US$2 from passengers in exchange for installing, maintaining and upgrading the country’s immigration system.  The company also agreed a fee of US$15 for every work permit card issued under the system.

Nexbis’ lawyers argued that the company had expected the fee to be included in the taxes and surcharges applied to airline tickets in and out of the country, according to local media, but said these payments had not been made due to the government’s “neglect” in notifying the relevant international authorities.

Neither Nexbis or Suood, Anwar & Co had responded to emails from Minivan News at time of press.

The bill from Nexbis follows parliament voting unanimously to terminate the agreement on 25 December 2012, in line with a recommendation from the Finance Committee alleging foul play in the signing of the agreement with former Immigration Controller Illyas Hussain Ibrahim.

Presenting the Finance Committee report to the floor, Chair MP Ahmed Nazim explained at the time that the “main problem” flagged by the Anti-Corruption Commission (ACC) was that the tender had not been made in accordance with the documents by the National Planning Council authorising the project.

The Finance Committee also recommended terminating the agreement over concerns it contained clauses to waive taxes to the company, Nazim said. He noted that imposing or waiving taxes was a prerogative of parliament under article 97(d) of the constitution.

Following parliament’s termination of the project in December, Nexbis sought a legal injunction to prevent any cancellation of the agreement while court hearings over the contract were still ongoing.

The company has sought to contest whether the ACC has the power to compulsorily request the government to cease all work in relation to the border control system agreement.

However, in April of this year, the High Court overturned a Civil Court ruling declaring the ACC could not terminate a border control system (BSC) agreement signed by the Department of Immigration with Malaysian mobile security firm Nexbis.

The High Court ruling (Dhivehi) cleared the way for the Civil Court to hear the case filed by the ACC should it be resubmitted.

Nexbis has emphatically denied allegations of corruption, previously speculating that “criminal elements supporting human trafficking” were seeking to sabotage the agreement.

Alternate technology

Department of Immigration and Emigration Spokesperson Ibrahim Ashraf has said he had not been made aware of any official request from Nexbis for payments beyond media reports, and declined to comment on the issue.

Ashraf did confirm that immigration officials were continuing to use the Nexbis system while border control technology being provided free of charge by the US government was under development.

“Testing of the [US] system is now going on, so the Nexbis border control technology remains in use,” he said. “Some minor adjustments have to be done to the [US] system to customise it to our needs.”

US border system

In March this year, the US government signed a Memorandum of Understanding (MOU) to provide the Maldives with a border system after several years of uncertainty and legal wrangling over the future of the country’s immigration controls.

Following the signing of the MOU, Nexbis said it had not been consulted or provided with any details of the US government’s agreement to provide the new system to the Maldives.

Representatives for the Malaysian company at the time expressed uncertainty over what the MOU would mean for the group’s own border control technology that has been in use since September 2012, as part of its concession agreement with the government.

Lawyers representing Nexbis said at the time that they were confident the Maldives government would “honour” its contractual obligations under the 2010 concession agreement.

“We are confident also of the support we have received by the Immigration Department in implementing and fully operating the system, but remain cautious of individuals who continue to pose obstacles to prevent the success of this project is stemming the national security issues faced by the Maldives today,” read a statement.

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Immigration Department dismisses reports of expat system “flaw”, won’t rule out abuse by employers

Immigration officials have dismissed reports of a “flaw” in the country’s online expatriate registration system despite expressing concerns the system may be open to abuse by registered companies.

A department spokesperson confirmed this week that although new online registration introduced to try and streamline providing work visas to foreigners was not itself flawed, the system was nonetheless open to abuse from employers who allowed others to access their password-protected accounts.

The Department of Immigration and Emigration has also confirmed it has faced challenges in verifying whether construction projects were real or a front to smuggle foreign labour into the country, but told Minivan News it expects to resolve the issue from next month.

The comments were made after local newspaper Haveeru last week reported that a “serious issue” had been identified within the expatriate registration system installed by the National Centre for Information Technology (NCIT) that had allowed a steep rise in the number of foreign workers coming to the Maldives in May 2013.

Citing an anonymous immigration source, the paper reported that 4,000 expatriate workers had entered the country last month due to certain recruitment agencies abusing a “critical flaw” in the system.  According to the report, the flaw allowed recruiters to obtain an extra quota of foreign workers in order to profit from their transfer into the Maldives.

The NCIT, which was charged with installing the component of the monitoring system, this week rejected suggestions that such a flaw existed in the program in a joint statement (Dhivehi) issued with the Department of Immigration and Emigration.

The expatriate quota system had been assigned through procedures set out by the Immigration Department to the NCIT, the statement read.

Once a quota is obtained, the NCIT stated that an expatriate would only be granted entry into the country upon providing a photograph, their passport bio page and other official documents required by immigration officials that are required to be entered into the system.

“Therefore, we can confirm that 4000 expatriates have not entered the country unknown,” the statement added.

The NCIT’s dismissal of the media report’s comes as the Maldives faces increasing pressure to tackle the issue of unregistered expatriates, with the country appearing on the US State Department’s Tier Two Watch List for Human Trafficking.  The country has appeared on the list for three years in a row.

Employer responsibility

Although claiming no technical flaw had been found by authorities within the expat system, immigration spokesperson Ibrahim Ashraf told Minivan News that registered employers had a responsibility to prevent abuse of their company accounts.

Ashraf said all companies employing foreigners had to be registered on the expatriate registration system through official documents like a business registration certificate and a valid national ID.

If approved, he said the employer was then assigned through the online account a maximum quota of foreign workers depending on the size of their business or the specific project they were working on.  These accounts are protected with a password.

Ashraf said there were suspicions in the Immigration Department that some employers may have provided access to their unique account to employees, who were in turn bringing in foreign workers under the company’s name – and while personally profiting from trafficking them into the country.

He compared the practice to a member of the public giving their ATM bank card and pin number to another individual, then trusting them not to draw money out from their account.

“People that are being trusted to use [the expat online system] may be doing wrong. I think this is what has been happening. Management maybe putting too much trust in other people to use this system,” Ashraf claimed.

“Systematic abuse”

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

Foreign low-wage workers are often lured to the country by agents after paying a ‘recruitment’ fee or entering into debt – sometimes as high as several thousand dollars – that is shared between local agents and recruiters in the country of origin, most significantly Bangladesh.

In many cases the workers are then brought into the country ‘legitimately’ by a specially-created paper company, created using the ID of a complicit or unwitting Maldivian national, for the stated purpose of working on a ‘construction project’ of dubious existence.

Senior immigration sources confided to Minivan News in April this year that almost no human verification was undertaken by authorities to ensure workers were genuinely employed once a business or construction project was approved.

Ashraf this week confirmed that there had been “issues” in inspecting construction sites across both the country’s inhabited and resort islands due to a shortage of staff.

However, he claimed that by July 31, 2013, the Immigration Department was to begin inspecting construction and other projects requiring foreign labour with the assistance of local councils and key industry associations.

These groups are expected to include the Maldives Association of Tourism Industry (MATI) and the Maldives Association of Construction Industry (MACI), according to the Immigration Department.

Ashraf added that the government had recently approved the hiring of an additional 30 staff for the department in order to help oversee what is expected to be a comprehensive audit of the visa system.  Officials would then move to penalise any abuse of the system by local employers.

Unregistered workforce

The exact scale of the Maldives’ unregistered foreign workforce remains unknown, with estimates ranging from between around 40,000 people to potentially double that amount.

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

Considering these numbers, Janah said at the time that 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.

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,” he explained at the time. “Of these people, sadly we have 40,000 to 50,000 who are expatriates.

By April of this year, Immigration Controller Dr Mohamed Ali confirmed that authorities had targeted the return of 10,000 unregistered workers by the end of the 2013.

The pledge to return a predetermined number of expatriates was criticised at the time by the Human Rights Commission of Maldives (HRCM), which raised concerns that some workers were potentially being punished for the actions of employers or agents acting outside the law.

While the government earlier this year launched a special campaign intended to raising awareness of the rights of foreign workers, NGOs and independent institutions continue to identify human trafficking as a significant issue needing to be addressed in the country.

Human rights groups in the Maldives have for instance continued to criticise both the present and former governments for failing to pass legislation that would allow authorities to press charges against individuals directly for the offence of human trafficking.  The legal measures to do so are presently under review in parliament.

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Government defies parliament vote, moves Immigration under Defence Ministry

President Mohamed Waheed Hassan has decided to defy parliament’s decision to not endorse the transfer of the Immigration Department to the Ministry of Defence, and make the change without parliament’s consent.

The government of President Waheed on Tuesday sought parliament’s approval to move Immigration department, National Disaster Management Centre and Aviation Security Command under the Defence Ministry led by Minister of Defense, retired Colonel Mohamed Nazim.

However, the parliament by a majority of 27 to 23 votes decided to disapprove the departmental shuffling.

During the debate on the request by the President’s Office to endorse the changes to the defence ministry’s mandate, MP Mohamed Rasheed of the opposition Maldivian Democratic Party (MDP) proposed a motion against approving the changes.

The motion against approving the changes was passed after four MPs from the government-aligned Progressive Party of Maldives (PPM), including its presidential candidate Yameen Abdul Gayoom, backed the MDP’s motion.

Other PPM MPs who voted with the opposition include MP Ahmed Mahloof, MP Mujthaaz Fahmy and MP Ibrahim Riza.

The article 116 of the constitution states that the President – despite having the discretionary power determine the jurisdiction of the ministries – is required to submit all information relating to the ministries and their areas of jurisdiction to the parliament for its approval.

In December 2012, the responsibility for overseeing the Department of Immigration and Emigration was switched to the Ministry of Defence and National Security. The President’s Office claimed the decision to move the department under the mandate of Defence Ministry was made in a bid to make administration of the country’s immigration system more efficient.

President Waheed on Wednesday decided to make the change anyway despite parliament’s objection, with the result that approval will again be sought via parliamentary vote.

Following parliament’s decision, Attorney General Aishath Bisham told local news outlet CNM that despite parliament’s disapproval, the Department of Immigration and Emigration can still operate under the watch of the Defence Minister.

According to Bisham, the president has the power to transfer the department to any ministry under section 35 of the Immigration Act. However, Bisham said the president had sent the matter to parliament to adhere to the requirement stated in article 116 of the constitution which requires parliamentary approval for changes in mandates of cabinet portfolios.

Bisham also said that the government would again resubmit the matter to parliament concerning the transfer of Disaster Management Centre and Aviation Security Command to the Defence Ministry.

Speaking to Minivan News, opposition MDP MP Imthiyaz Fahmy – who is also a member of parliament’s Executive Oversight Committee (EOC) – alleged President Waheed was undermining the constitution and the laws of the country by attempting to militarise state institutions.

“The constitution clearly states that any changes brought to the mandate of a government ministry must be approved by the parliament. If the president can do whatever he wishes to do, why is it in the constitution stated that such decisions require parliamentary approval?” Fahmy questioned.

Fahmy claimed that any decision disapproved by parliament would be deemed invalid and therefore could not be considered to have legal effect.

“The reason to obtain parliamentary approval for such decisions is to have proper accountability. It is the duty of the parliament to hold the government accountable,” Fahmy added.

The Immigration Department has come under heavy fire from the Anti Corruption Commission (ACC) – the independent institution responsible for prevention of corruption and corrupt practices – over alleged corrupt activities including the signing of establishing a border control system with Malaysian mobile security provider Nexbis.

The ACC have taken the matter to Parliament’s Finance Committee claiming that the deal with Nexbis will cost the Maldives MVR 2.5 billion (US$162 million) in potential lost revenue over the lifetime of the contract.

The former Controller of Immigration Sheikh Ilyas Hussain – brother-in-law of President Waheed – stands accused of corruption charges over the Nexbis deal. The trial of Illyas Hussain is currently being heard at the Criminal Court, where he has pleaded not guilty to the charges.

Ilyas is accused of omitting from the concession agreement clauses that required Nexbis to provide 29 scholarships and 200,000 identity cards free of charge. The clauses were in the original technical proposal submitted by Nexbis to the tender evaluation board.

If convicted, the state minister could face either a jail term of up to three years, banishment or house arrest.

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Employers facing investigation after 75 expatriates detained for illegally working in market

The Maldives Department of Immigration and Emigration has detained 75 illegal workers this week, and is currently investigating how many are victims of corrupt employment practices.

An immigration official, who asked not to be identified, said an unspecified number of the 75 expatriate workers detained in Male’ on Tuesday (June 4) had already been released as authorities sought to clarify the exact reasons for how they had ended up working in the capital’s market area.

Foreign nationals are not permitted under Maldives law to work at the market area, according to the Immigration Department.

Despite this, a total of 57 foreign workers were seized by authorities in April this year after having been found working at the market area of Male’.

A police media official confirmed yesterday (June 5) that officers had assisted in detaining 75 “illegal aliens” from the local market area of Male’, referring all further enquiries to the country’s immigration service, which has taken responsibility for the workers.

Immigration Controller Dr Mohamed Ali was not responding to calls from Minivan News at time of press to confirm how many of the detained foreigners were presently expected to be sent to the department’s “processing centre” – a gated compound on the island of Hulhumale’.  Unregistered expatriates are usually kept at the centre before being sent back to their respective countries.

Immigration Department Chief Executive Officer (CEO) Abdullah Munaaz – charged with overseeing the service’s monitoring and repatriation efforts – has meanwhile said that authorities were expecting to decide within the next 48 hours how many of the 75 expatriates may face deportation. With investigations ongoing into the case, he said that no further details on the detained workers could be made public at present, with an official announcement expected in the next few days.

The Maldives has come under increasing pressure to tackle the issue of unregistered expatriates, with the country appearing on the US State Department’s Tier Two Watch List for Human Trafficking.  The country has appeared on the list for three years in a row.

Immigration Controller Dr Ali has previously told Minivan News that while almost all foreign workers coming to the Maldives arrive under registered companies, some were finding themselves “illegally used” by employers due to “systematic abuse” of the visa system.

Earlier this year, the Immigration Department confirmed that authorities had targeted the return of 10,000 unregistered workers by the end of the year.

This pledge to return a predetermined number of expatriates was criticised at the time by the Human Rights Commission of Maldives (HRCM), which raised concerns that some workers were being punished for the actions of employers and agents acting outside the law.

Worker release

The immigration source claimed that the country’s expatriate monitoring service was in the process of trying to individually identify whether the detained workers should be released, or deported.

The source said all those detained had not been registered to work in the market area, although some were suspected of being illegally made to do so by their legal employers.

“The paperwork is being done now to try to identify the people who are being put to work at these places by their employers,” the Immigration Department figure added. “These people are working in places where they are not registered to do so and we need to know why is this happening. Some of the employers are giving [the department] a different story to those provided by the expatriates.”

The anonymous source said that authorities would also be looking to take action against employers who may be supplying illegal labour.

The same source has claimed that the majority of the 75 detained workers were suspected of having absconded illegally from their Maldivian employer to seek better paid work elsewhere in the country.

Late last month, Immigration Department CEO Munaaz said his department had recently become aware of individuals posing as recruitment agents who were travelling to airports to poach foreign workers by promising them resort positions or higher pad jobs than the work they may have originally been brought to the country for.  Whether these jobs really exist is unknown.

“Now we have started to identify how this is being done and we are working to stop this,”Munaaz said at the time. “We know there are agents living here in Male’, some who are foreign nationals from the same countries, and they are bringing people over. We are in the process of breaking these rings.”

Foreign low-wage workers are often lured to the country by such brokers, paying a ‘recruitment’ fee or entering into debt – sometimes as high as several thousand dollars – that is shared between local agents and recruiters in the country of origin, most significantly Bangladesh.

In many cases the workers are then brought into the country ‘legitimately’ by a specially-created paper company, created using the ID of a complicit or unwitting Maldivian national, for the stated purpose of working on a ‘construction project’ of dubious existence.

Senior immigration sources have confided to Minivan News that almost no human verification was undertaken by authorities to ensure workers were genuinely employed once a business or construction project was approved.

Moreover, despite the size and scale of the practice, not a single recruitment agent or labour trafficker has appeared before a Maldivian court.

Human trafficking

While the government earlier this year launched a special campaign intended to raising awareness of the rights of foreign workers, NGOs and institutions continue to identify human trafficking as a significant issue needing to be addressed in the country.

Human rights groups in the Maldives have for instance continued to criticise the present and former governments for failing to pass legislation that would allow authorities to press charges against individuals directly for the offence of human trafficking.  The legal measures to do so are presently under review in parliament.

In February, former President Maldives Association of Construction Industry (MACI) Mohamed Ali Janah claimed 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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HRCM to investigate Immigration Department’s promise of mass repatriation

The Human Rights Commission of Maldives (HRCM) has expressed concern over a pledge by immigration authorities to repatriate 10,000 “illegal” expatriates on the back of wider reservations at the treatment of foreign workers potentially trafficked into the country.

HRCM member Jeehan Mahmoud has told Minivan News that the commission was concerned not just over plans to repatriate a predetermined number of unregistered workers, but also whether they were being punished for the actions of employers or agents acting outside the law.

The concerns were raised as the Department of Immigration and Emigration announced yesterday (April 30) that 1,748 foreigners found to be working illegally in the country had been repatriated – the majority by their own request – during the year so far.

Immigration officials also announced commitments to send a further 10,000 unregistered workers back to their home nations during the remainder of 2013.

Immigration Controller Dr Mohamed Ali said that the repatriated workers had either come to the Maldives with sufficient funding to afford transportation back to their home countries, or that their fares were covered through previously paid “deposits”.

Dr Ali did not however elaborate as to how the immigration department had devised the figure targeting the return of 10,000 unregistered workers to their respective countries.

He stressed that his department would be investigating and punishing employers and agencies responsible for bringing the now unregistered workers to the country if they had acted illegally.

“[The immigration department] will do that with vigour now,” he said.

Dr Ali was reported in local media as adding that 146 foreigners alleged to have involvement in criminal cases were deported this year so far, with 85 illegal workers also sent back to their respective home nations.

“More foreigners come to us voluntarily as we toughen our approach towards them. Everything will be arranged for those who come to us voluntarily. Island Aviation now has direct flights to Dhaka,” he told Sun Online, referring to the large number of Bangladesh nationals working in the country.

Dr Ali told Minivan News last 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 once here.

HRCM investigation

Responding to the immigration controller’s pledge this week, HRCM member Jeehan said that the commission itself had not been consulted by the Immigration Department over its proposed crack down on unregistered workers.

From the perspective of the HRCM, Jeehan said there was particular concern about the safety and vulnerability of the foreign workers set to be returned by authorities, particularly in the case of expatriates who were heavily in debt as a result of paying companies or agents to come to the country to find work.

“If they are working or staying here undocumented, how safe are they to be returned home,” she said. “We must consider how vulnerable some of these people are, it is different for those who request repatriation or course.”

The HRCM is now set to investigate the conditions by which these foreign workers are being repatriated, especially in regards to concerns that unregistered expatriates may have been detained as a result of the actions of agents or employers in the country.

According to Jeehan, issues also needed to be addressed over how the Immigration Department had decided to set a predetermined number of foreign workers that it would look to repatriate.

“How has the state arrived at this number? Whether it is the result of a baseline study or some other research we need to know,” she said. “Also, how is the state identifying the 10,000 workers that need to go back home and are they sure they are undocumented? Questions also need to be asked of what the state is doing with these expatriates before they are sent home. It is unfair if they are being detained as a result of the faults of others.”

Jeehan added that before any undocumented foreign workers were being repatriated, it was also important to ensure that employers had paid the salaries of all staff and were honoring their obligations to workers.

“These employees should be provided with their due wages and compensation, it is for the state to guarantee this,” she added.

Jeehan said that the HRCM was presently seeking to consult the Labour Relations Authority (LRA) over a number of issues that it said would include how unregistered workers were being sent out of the country.

“We will look to meet with the LRA first, as they are the state authority outlining employment practices, s we can see what role they may have had in outlining these policies,” she said.

Jeehan added that if the LRA has not had a role in the outlining this repatriation policy, than the HRCM might “have an issue” with the process.

When contacted by Minivan News today, LRA Assistant Director Aishath Nafa Ahmed said the body had no involvement in outlining policies on the repatriation of foreign workers since last year.

She added that although the LRA was involved in a steering committee that focused on issues surrounding the country’s foreign workforce, the authority had not had any discussions over plans to repatriate 10,000 workers this year.

Human trafficking

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.

Despite the government last year launching a special state program to try and draw awareness to the problems beyond human trafficking, concerns have continued to be raised by various NGOs and authorities at the scale of human trafficking in the country amidst fears of widespread corruption within the visa system.

Just last month, a source working within the immigration department alleged that companies across the Maldives were freely abusing visa regulations by generating fictitious labour demand to directly profit from trafficking foreign workers into the Maldives.

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 in the country.

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 same source claimed.

One former Bangladesh High Commissioner in the Maldives alleged back in 2010 that the exploitation of foreign workers in the country rivalled fishing as the most profitable sector in the national economy after tourism.

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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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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Police seize 57 unregistered foreigners in market

The Maldives Department of Immigration and Emigration has said that 57 unregistered foreign workers detained by police today were currently being processed by authorities ahead of a decision on whether they will face deportation.

According to local media, the foreign nationals, all found working working in the fish and market areas of Male’, were detained by police in an ongoing operation undertaken in conjunction with immigration officials.

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

Immigration Controller Dr Mohamed Ali today confirmed that the unregistered workers were presently being held by the Immigration Department, but did not specify where they were being kept or their nationality.

“We will process them and whoever has to go will be sent back,” he said.

Dr Ali did not clarify if the unregistered workers were presently being kept at a recently opened immigration shelter intended to temporarily house unregistered and illegal immigrants.

Few details have been provided to media on the shelter, which opened back in February this year as the Maldives comes under increasing pressure to try and alleviate the number of unregistered workers in the country amidst wider fears concerning human trafficking.

The Indian High Commission in Male’ was not responding to calls at time of press on whether any of its nationals were among the unregistered workers. Meanwhile, High Commissioner of Bangladesh to the Maldives Rear Admiral Abu Saeed Mohamed Abdul Awal said he had received no information on the unregistered workers at time of press.

The Maldives has appeared on the US State Department’s Tier Two Watch List for Human Trafficking for three years in a row. Should it 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.

Last May, 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.

Government campaign

The government has in recent months launched a special campaign intended to raising awareness of the rights of foreign workers, while earlier this year ratifying eight “fundamental” International Labour Organisation (ILO) conventions intended 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 – 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 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.

“Corrupt immigration practices”

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.

“This is a common practice seen all over the world. But it creates major problems. If a foreigner wishes to go to law enforcement agencies for assistance, they will be asked to identify themselves with a passport,” the source said.

Third party agencies appeared to want to keep the passports to be able to “manipulate” foreign workers for their own financial advantage, the source explained.

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.

Speaking back in February 2013, HRCM member Jeehan Mahmoud told Minivan News that despite attempts under the present government to try and introduce new legislation, the Maldives had made little progress towards improving the treatment and rights of foreign workers over the last four years.

Addressing the current scope of unregistered foreign labour, Maldives Association of Construction Industry (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.

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Nexbis not consulted over US border control deal

Malaysian mobile security firm Nexbis has said it has not been consulted or provided any details regarding a Memorandum of Understanding (MOU) signed Thursday (March 28) by the US government, to provide a border control system to the Maldives.

Representatives for the Malaysian company said it was uncertain what the MOU would mean for the group’s own border control technology that has been in use since September 2012, as part of a troubled concession agreement with the Maldives government.

Nexbis signed a “legally binding” deal in 2010 to provide a customised border control system under a ‘build, operate and transfer’ agreement to Maldivian authorities that still remains in use at present. The deal is presently the subject of legal wrangling over whether the Anti-Corruption Commission (ACC) has the power to demand termination of the contract. Parliament has also voted to cancel the system, but this is subject to a court injunction.

Earlier this week, Immigration Controller Dr Mohamed Ali said it was too early to tell if the new border controls being provided for free by the US would be a direct replacement for the system provided by Nexbis.

Lawyers representing the Malaysian firm have told Minivan News that official enquiries had now been sent to the Department of Immigration and Emigration and the Maldives Ministry of Defence, while attempts were also being made to contact the government over where their agreement now stood.

“We do remain confident that the Maldivian government will honour its obligations under the 2010 concession agreement,” read a statement from lawyers representing the company.

“We are confident also of the support we have received by the Immigration Department in implementing and fully operating the system, but remain cautious of individuals that continue to pose obstacles to prevent the success of this project is stemming the national security issues faced by the Maldives today.”

The border control system project contract was awarded to Nexbis for a period of 22 years by the previous government, however, parliament voted unanimously to terminate the agreement in December 2012 over allegations of “foul play”.

Nexbis has refuted allegations of corruption, later seeking a legal injunction in the country to prevent any cancellation of the agreement while court hearings over the contract were still ongoing.

Under the concession agreement, Nexbis’ lawyers said the company continues to work with the Maldives government and immigration department to personalise the system and its various components.  The company claimed the developments were a result of its own investment in the project, with the implementation taking place at no direct cost to the government.

Under the agreement, Nexbis agreed to levy a fee of US$2 from arriving and departing passengers in exchange for installing, maintaining and upgrading its immigration system, and a fee of US$15 for every work permit card issued.

Lawyers for the company added that it planned to continue working with state officials on developing the system going forward.

“There are more features and functionality of the system that will progressively be rolled out by the Department of Immigration for nationwide enforcement, foreign worker management and automation as well as further enhancements to security that will aid the government to address human trafficking issues and illegal foreign workers,” read a statement from Nexbis representatives.

US agreement

Defence Minister Mohamed Nazim and US Ambassador to Sri Lanka and the Maldives Michele J Sison signed an MOU that will see a US technical team coming to the country next month to begin work on planning and implementing a border system, according to local media.  The system is scheduled to be installed by June this year.

Defence Minister Nazim said during the signing that the system proposed under the MOU would be provided free of charge to the Maldives in a move he estimated would save the country MVR500 million (US$35 million), according to Sun Online.

Minivan News was awaiting a response from Nazim at time of press.

Local media reported that the border controls would be based around the US Personal Identification Secure Comparison and Evaluation System (PISCES).  The same technology is reported to be used not only at US airports, but in a number of other countries including Pakistan, Afghanistan, Iraq and Thailand.

Maldivian staff are also expected to receive training on using the biometric-based system, as well as assistance with any expansion to the system in future, Sun Online has reported.

Immigration sources had told Minivan News earlier this month that the country faced a potential return to “pen and paper” border controls should the government be made to cancel its agreement with Nexbis without an adequate replacement.

Nexbis has meanwhile refuted allegations of any corruption or wrong-doing in the awarding of the contract, and said it would not rule out criminal involvement behind attempts to “sabotage” the deal.

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