human trafficking – Page 3 – Minivan News

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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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.

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.

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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.

“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.

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.

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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.

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”

“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.

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.

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President Waheed calls on Maldivians to improve conditions of expatriate workers

President Mohamed Waheed Hassan Manik has called upon Maldivians to “do everything possible” in order to improve the working conditions of Bangladeshi expatriate workers in the Maldives.

Speaking at a function to mark the Bangladesh Independence and National Day on Tuesday (March 26), Waheed stated that Bangladeshi expatriate workers make a huge contribution to the economic growth and development of the Maldives.

Acknowledging to the fact that Bangladesh accounts for the largest group of expatriate workers in the Maldives, President Waheed stated the importance of reflecting on the conditions of foreign workers in the country.

“Let me reiterate here the government’s unfailing commitment to ensure the rights of the expatriate workers in the Maldives are fully protected in accordance with the relevant laws of the Maldives.

“I take this opportunity to appeal to my compatriots in the Maldives to reflect on this current condition and do everything possible to improve the working conditions of our brothers and sisters and to ensure that their rights are always guaranteed,” said Waheed.

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.

High Commissioner of Bangladesh Rear Admiral Abu Saeed Mohamed Abdul Awal said that the commission was working closely with the Maldives government to address the issue.

Awal stated that the commission is dedicated to ensuring the treatment of expatriate workers by Maldivian employers, adding that the working conditions and rights of the employees need to be protected.

Last month, the head of Maldives Association of Construction Industry Mohamed Ali Janah alleged that almost half of all foreign employees in the construction industry were thought not to be legally registered.

A report on human trafficking in the Maldives saw the country remain on Tier 2 of the US State Department’s Watch List for Human Trafficking for the third year in a row, only narrowly avoiding a decent to Tier 3 – the most severe category.

Various government ministries claim to have stepped up efforts to address the problem in the past few months in the build up to this year’s human trafficking categorisation by the US State Department.

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

In regard to a potential decent to Tier 3 of the US State Department’s human-trafficking watch list this year, Waheed warned that the Maldives would face difficulties in seeking foreign assistance should it slip to the most severe category.

Speaking at the function on Tuesday night, President Waheed said that in order to become a modern democracy, Maldives must follow the “democratic experience” of Bangladesh and other developing countries in order to learn from their experience.

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Maldives facing prospect of ‘pen and paper’ border control should Nexbis fall through

Maldivian border control faces an uncertain future and a potential reversion to a ‘pen and paper’ system, an informed immigration source has warned.

The warning follows the donation of a passenger information system by the Indian government, in a bid to strengthen the Maldives’ ability to monitor arrivals.

The new Advance Passenger Information System (APIS), which is designed to provide passport information and other details of incoming travellers before their arrival, was formally handed to Maldivian officials on Sunday (March 17) by outgoing Indian High Commissioner Dnyaneshwar Mulay.

The system has been in place at Ibrahim Nasir International Airport (INIA) for the last few months and is one of a number of components used by immigration officials.

According to the Indian High Commission, the system was requested by the previous government and installed by a special technical team to ensure it functions correctly.

The APIS technology is not however a direct replacement for the existing border control system, provided by Malaysia-based Nexbis, authorities in the country have said.

Nexbis is currently involved in legal wrangling over whether the country’s Anti-Corruption Commission (ACC) has the power to compulsorily request the government to cease all work in relation to the border control system agreement.

The Nexbis border control system is still presently in use by immigration officials at INIA, after the Supreme Court issued an injunction halting the scrapping of the controversial system by parliament.

However, a source with knowledge of current immigration practices said no alternative border control system was available should the government terminate its concession agreement with Nexbis’.

“So far we don’t have any alternative to the [Nexbis] system going forward. We are using the system and waiting for the courts to decide. However, if the court decides [in favour of the ACC], we will need a new system in place,” the source told Minivan News. “Without [an alternative], the system would go haywire. A replacement would have to be found. We cannot go back to the 1970s and just use books and paper.”

The Indian APIS system will speed up the processing of arrivals through the immigration gates, as well as improve wider resources available to immigration officials, the source said.

APIS system is an internationally recognised means of collecting passenger data before an individual arrives at their destination, designed to allow immigration authorities to know if anyone on an incoming service is included on a watch-list or travel ban, authorities have said.

“Use of the system is mandatory for some countries, though not for the Maldives yet,” the source added. “Before they arrive, the system can identify if a passenger is on a watch-list and spot them. This process can be done much quicker now [by immigration officials].”

The data included within the APIS is provided by two of the world’s largest air authorities including the International Air Transport Association (IATA).

Although its use is mandatory for all services into Europe, the service is not at present required for all flight services to the Maldives, according to the source.

“Now we need a mandatory legal framework to make airlines coming into the country comply,” added the source. “There is a heavy charge for using this software, but I don’t think we have to pay at the moment as India has donated the technology.”

Despite legal wrangling over the future of the controversial border control agreement with Nexbis, the same source added that APIS would be compatible with any system used by authorities.

Immigration Controller Dr Mohamed Ali was not responding to calls from Minivan News at time of press.

Trafficking concerns

While refuting allegations of any corruption or wrongdoing in being awarded a contract under the previous government to install and operate a border control system for the Maldives, Nexbis earlier this year said it would not rule out criminal involvement behind attempts to “sabotage” its contract with the government.

Immigration control has become a massive issue for the Maldives in recent years with the country appearing on the US State Department’s Tier Two Watch List for Human Trafficking for three years in a row.

Back in January this year, the Ministry of Foreign Affairs inaugurated an initiative targeted at raising awareness of human trafficking issues in the Maldives.

Despite these commitments, 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 in recent years, preventing “real” change in controlling illegal migration.

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

Correction: A previous version of this article incorrectly stated that the Supreme Court was set to rule on whether Nexbis’ agreement with the Maldivian government to install and operate a border control system was legal. The court case is actually being held to decide on whether the ACC has the power to order a halt to the project. Minivan News has corrected the error.

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Male’ immigration shelter opened as Maldives pressured over migrant rights

An immigration shelter intended to temporarily house unregistered and illegal immigrants is now up and running in Male’ as part of the government’s efforts to provide a more “humane” means of tackling immigration problems in the country.

Authorities have so far declined to provide exact details to media on the capacity or amenities available at the site, which the Maldives government has claimed will help to alleviate problems arising from the number of unregistered workers in the country at present.

With civil society, industry bodies and international experts continuing to raise concerns about the treatment and number of unregistered foreign workers in the Maldives in recent years, the country has come under increasing pressure to safeguard rights of migrants and curb people trafficking.

According to President’s Office Media Secretary Masood Imad, the immigration shelter, which was opened last month on Orchid Magu in Male’, forms part of a strategy to try and clear up the problems associated with illegal immigrants in the Maldives.

Masood contended that illegal or unregistered migrant workers were proving to be a significant drain on the national economy, with the shelter providing temporary accommodation before they can be repatriated.

The President’s Office recommended specific questions on the shelter be forwarded to the Department of Immigration and Emigration.

Immigration Controller Dr Mohamed Ali has confirmed to Minivan News that the site was now operational, but did not divulge any more information at time of press on how it would function or the facilities available.

“We will bring out a statement later,” he said. Minivan News is presently awaiting a response from immigration officials to a request to visit the shelter.

Shelter for undocumented foreign migrants, Orchid Magu, Male'

The government has in recent months launched a special campaign intended to raising awareness of the rights of foreign workers, while also last month 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 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”

Just last month, 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.

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.

Consistency

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