Tag: maldives

Maldives government ratifies ILO conventions on worker rights

The Maldives government has ratified eight “fundamental” International Labour Organisation (ILO) conventions designed to bring legislation on employee rights and trade unions in line with international standards.

According to the ILO the conventions, which were ratified by authorities on January 4 this year, outline rights in a number of areas including allowing staff freedom of association and the prevention of child labour and discrimination on the basis of gender, religion, race or age.

The ratification of the conventions comes as foreign governments and civil society organisations continue to raise concerns about rights abuses of expatriate workers in the Maldives.

Foreign labourers are estimated to account for a significant proportion of the country’s workforce.  Just over a quarter of the Maldives population of 394,451 people is estimated to be made up of foreign workers, according to recent statistics supplied by the Department of Immigration and Emigration.

The official immigration figures found that the expatriate workforce in the Maldives had risen by September 2011 to 99,369 people from just 57,968 registered workers in December 2009.

According to the local coordination team overseeing the ILO’s work in the Maldives, many of the rights outlined in the eight fundamental conventions are already included in the country’s constitution and the Employment Act 2008.

However, the project’s organisers told Minivan News this week that its main challenge was to try and implement these laws by working with the government as well as employer and employee organisations.

“Ratification of the conventions will be beneficial to workers and workers organisations as it will improve the national labour standards concerning the freedom of association and collective bargaining rights and also help ensure better implementation of these standards in practice,” a project coordinator for the ILO told Minivan News.

“Respect for freedom of association and collective bargaining rights can lead to better labour management relations and co-operation between them. This will reduce costly labour-management conflicts and promote industrial harmony and social stability.”

The eight fundamental conventions ratified by the Maldivian government this month are:

  • The Forced Labour Convention, 1930 (No. 29)
  • The Abolition of Forced Labour Convention, 1957 (No. 105)
  • The Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)
  • The Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
  • The Equal Remuneration Convention, 1951 (No. 100)
  • The Discrimination (Employment and Occupation) Convention, 1958 (No. 111),
  • The Minimum Age Convention, 1973 (No. 138),
  • The Worst Forms of Child Labour Convention, 1999 (No. 182)

With the ratification of these conventions, which will come into effect in a year’s time, the ILO project’s coordinators have set three main objectives that it will aim to meet  over the course of the next three years.

These objectives include introducing a legal framework to implement international labour standards, improving the capacity of national mechanisms to resolve labour disputes and strengthen worker and employer organisations to try to improve overall working conditions and productivity.

In a statement released following the ratification of the conventions, Minister of Foreign Affairs Dr Samad Abdullah praised the government’s ratification of the conventions as a “major achievement” for the present administration.

Dr Samad cliamed that the conventions would allow the country to break new ground in protecting labour rights in the country.

“It is also an important accomplishment in the government’s human rights agenda and one which will fill an existing gap in the national human rights framework,” he stated.

According to the ILO, the Maldives has become the fourth country to ratify all eight of the organisation’s fundamental conventions in the South Asia region. The Maldives became a member of the ILO back in 2009.

Beyond signing the convention on labour rights, the Ministry of Foreign Affairs this month also inaugurated an initiative targeted at raising awareness of the human trafficking issue in the Maldives.

The strategy, entitled ‘Blue Ribbon Campaign Against Human Trafficking’ is expected to include activities to try and raise awareness among students and the business community.

Rights concerns

Both these commitments have been agreed as the Maldives has come under continued criticism for its treatment of foreign workers.

Indian authorities by the end of last year warned that tightened restrictions enforced at the time on providing medical visas to Maldivians were a “signal” to the country’s authorities to address a number of concerns about the nation’s treatment of migrant workers.

A commission spokesperson expressed concerns over a number of practices being used by both public and private employers in the Maldives such as the confiscation of passports of some migrant workers.

Meanwhile, back in November, the Human Rights Commission of Maldives (HRCM) called for an end to discrimination against foreign workers, criticising Maldivian society for failing to recognise “the significant contribution” expatriates have made to national development.

However, concerns about worker treatment in the country are not exclusively focused on migrant workers.

A letter from the President’s Office claiming to have addressed alleged rights abuses by the state-owned Maldives Ports Limited (MPL) had been labelled “interesting, but not convincing” by the International Transport Workers’ Federation (ITF) last November.

The ITF previously raised concern over a lack of correspondence from the President’s Office, announcing the same month that it was calling on the government to intervene over “union intimidation”, or “face embarrassment wrought by widespread international solidarity action”.

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Government to cancel agreements with companies providing inadequate ferry services

Ferry companies failing to provide proper services in atolls across the Maldives are to have their contracts with the Transport Authority cancelled, local media has reported.

Speaking at a press conference yesterday (January 20), Acting Transport Minister Mohamed Nazim told members of the press that the companies assigned with providing a transport system in the Maldives are not the most suitable for the task.

“Presently, seven companies have been contracted under the project of connecting the islands of Maldives through a transport system. Out of them, services to some areas by some companies are poor and suspended,” Nazim was quoted as saying by local media.

Problems with the ferry system have resulted in numerous complaints by the public, according to Sun Online.

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Hanimaadhoo Airport to begin services to Trivandrum

Hanimaadhoo Airport in Haa Dhaalu Atoll is to begin operating international flights to Trivandrum in India as of February 2, the Transport Ministry has announced.

Acting Transport Minister Mohamed Nazim told local media that Island Aviation and the Indian High Commission have come to an agreement whereby the appropriate visa is available with the ticket.

“Island Aviation will open for the purchase of the tickets and announce the prices soon. It has been arranged that the forms, once filled out, can be submitted to the High Commission through Island Aviation,” Nazim was quoted by Sun Online.

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Declined foreign intervention on February 7: former President Nasheed

“There is no government worth maintaining at the cost of the death of any citizens,” former President Nasheed told supporters at a rally on Saturday night, explaining that he had rejected offers made by foreign allies to intervene during the controversial transfer of power on February 7, 2012.

Speaking at a rally of the Maldivian Democratic Party (MDP), the party’s presidential candidate Nasheed stated, “We are hearing many versions of what brought about my resignation on February 7. I am certain that the huge number of citizens who were watching that days events on TV would know very well that the events that unfolded then were unlawful. The question that remains in our minds is, what caused these events to unfold as they did?”

Nasheed said the country’s parliament, although it had existed for over 70 years, had only begun functioning in the active manner presently seen following the killing of Evan Naseem, a 19 year-old who was tortured and killed in prison on September 19, 2003.

“On that day, we can see how violence was utilised just to hold on to power. After the shootings in the Maafushi jail. After shooting at civilians and killing many unarmed people. After staining the sand of Maldives with the blood of the sons of Maldives,” Nasheed continued, “I, for one, certainly would never support clinging to power at the cost of violence against our people.”

He alleged that if the commanding officers in the Maldives National Defence Forces (MNDF) who were on the scene on February 7, 2012 had made a genuine effort to control the mutineering police and army officials, they would have succeeded.

“After things escalated to the worst levels, some among the soldiers requested access to the armory. I realized it would come to that, and that it was a decision I would need to make,” he said.

Nasheed, who had denied authorising access to the armory on that day, continued, “Maintaining power through violent measures is not something we would ever do. This party, from upon formation, always promotes human rights of our citizens and stands against violence.”

“Many friendly states did offer to make an intervention on February 7. Some even said they could make interventions without the use of any weapons. However, I believe that what we have at hand is a Maldivian problem. How I see it, even the events of November 3 was a problem for Maldivians. An undesirable act, yes, but nevertheless a Maldivian problem.

“I did not think it would be a wise move for any foreign country to make an intervention to solve a defence issue of the country, which is why I declined the offers,” Nasheed said.

Nasheed spoke of the moment he had resigned on the state broadcaster, which had earlier been stormed and taken over by the mutinying police and demonstrators. He stated that current Minister of Defence and National Security Mohamed Nazim had strongly cautioned him against saying anything that might create public panic, and had ordered him to ask senior officials of MDP to remain calm.

“On that day at 1:00pm in the afternoon, I talked of both these points I have just shared with you here. My statement that day included what I wanted to say, as well as what ‘Baaghee’ (traitor) Nazim wanted me to say,” Nasheed said.

Referring to the defamation case filed by Nazim against Nasheed for having referred to him as “baaghee” (traitor), Nasheed said he would prove to the people the court proceedings that Nazim was indeed a traitor to the state.

“I wonder if he [Nazim] intends to go ahead with the defamation case? I certainly hope he does. With the help of my lawyers we will prove that he has actively taken part in a coup and is, without a doubt, a ‘baaghee’,” Nasheed said at last night’s rally.

Nasheed then spoke of the testimony given by Brigadier General Ahmed Nilam to the parliament’s Executive Oversight Committee, saying he had always held Nilam in the highest respect, and even more so after reading the testimony.

Brigadier General Nilam was suspended from his duties at MNDF on January 19, after providing testimony to the parliament committee. The official MNDF statement read that the former intelligence head had been relieved of his duties as an investigation into the officer was being being carried out.

Nasheed stated that according to the laws of the state, the term “baghawaiy” (coup) was only used in the Defence Forces Act.

“In this country, a coup can only be orchestrated with the participation of military force. The current constitution does not define any ‘acts against the state’. The word ‘baghawaiy’ can only be found in the Defence Forces Act. Hence, only the defence personnel will be guilty of partaking in a coup. Everyone else would have committed unlawful acts,” he said.

Nasheed said that he believed only about 5-10 people from the defence forces had willfully participated in the coup, adding the same was true of the police forces.

“I understand that the law stipulates both police and army personnel to refuse to obey unlawful commands. However, I do not believe that every time an officer issues a command, each soldier should have to decide in their individual capacity whether or not the given command is lawful,” Nasheed said.

In conclusion of his public address, Nasheed referred to the elections which are scheduled for the last quarter of the year.

“We have been calling for early elections since the day of the coup, in vain to date. Some people might now say that the elections are very close, and suggest that we just wait for it. Well, I say that that simply cannot be done. We cannot go into an election while we are in the midst of a coup d’etat,” Nasheed stated.

“Elections are a very modern concept which is done in a modern manner. We cannot enter elections while the country is run by coup orchestrators. We must first rise out of this coup,” Nasheed said, in conclusion, pledging to his supporters that the party would work to achieve the goal and to cleanse the country’s reputation in international circles.

Defence Minister Nazim was not responding at time of press.

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Maldives denies diplomatic snub by India, as High Commission issues list of consular grievances

The Indian government has rejected an official request from Maldivian Foreign Minister Abdul Samad Abdulla to visit the country, Indian media has reported.

According to the Indian Express newspaper, Samad sought to set up an official visit for Maldivian President Dr Mohamed Waheed Hassan Manik through formal channels but was rebuffed.  He then reportedly visited Delhi in a personal capacity to try and arrange meetings.

“With elections expected in the next three to six months, [the Prime Minister’s Office] was wary about Waheed or his foreign minister wrongly projecting a meeting for domestic political gains in the name of rapprochement with India,” the Indian Express reported.

The Maldives’ relationship with India has been strained since the Waheed government evicted Indian infrastructure giant GMR from the country with seven days notice, declaring its US$511 concession agreement ‘void from the start’.

“Waheed has lost all credibility with Prime Minister Manmohan Singh as he had specifically assured Singh during his visit to India last May that Malé will not rescind on the GMR contract despite political pressure,” the Express added.

However Foreign Minister Samad told local media that the Maldives had not been snubbed by India, and had last met the Indian Foreign Minister in November.

“I did not request a meeting in an official capacity. They facilitated our request for a meeting in a personal capacity,’ Samad told Haveeru. “So why would they snub a request for an official meeting? They facilitated it.”

The foreign relations between the two countries were “quite strong”, Samad insisted: “The Foreign Minister told me that he was reachable 24 hours.”

“Issues will arise diplomatically. But the ties between India and Maldives are strong. The relations won’t be affected as it remains cordial,” Samad added.

Whatever impact the government’s sudden eviction of the Indian investor had on foreign relations, it did not appear on a full list of 11 grievances handed to all senior Maldivian reporters by the Indian High Commission earlier this week:

Consular issues affecting the India-Maldives relationship

1. Discrimination against Indian expatriates

In recent past, several cases have come to the notice of the High Commission of India regarding the arrest of Indian nationals on various charges. In most of these cases, the Indian High Commission was not even officially informed.

In a recent case, an Indian national was arrested and kept in detention for several weeks, but we did not receive any official intimation despite a letter sent by the High Commissioner to the Home Minister.

2. Keeping passports of Indian nationals by employers

It is unfortunate that despite many references and high level meetings with Indian delegations, no progress has been made to eliminate this illegal practice which effectively results in the restriction of movement of Indian nationals. In several cases Indian nationals are not able to reach India in times of extreme emergency such as critical illness of family members and relatives, due to these practices.

It is unfortunate that even government authorities such as the Ministry of Education and Ministry of Health keep the passports of Indian teachers and medical personnel in their custody.

It is also reported that deposits and original certificates are kept illegally by the Ministry of Education before returning the passports of Indian teachers needing to visit India in emergency situations.

3. Exploitation of Indian workers

In the past 12 months there have been more than 500 cases regarding the suffering of Indian workers due to various acts of their employers. These include non-payment of visa fees, non-payment of salaries, keeping workers in inhumane conditions, and not allowing workers to go to India even for medical emergencies or after the death of their relatives.

While so many Indians suffered – including one who died waiting for his return to India – there is no information of any action taken against employers/agents. Furthermore, the salaries of many workers who have left India still needs to be recovered from employer/agents.

In another recent case, several nurses working out in the islands had to finally cancel their scheduled weddings because their permit and visa were not renewed by the Ministry of Health even after three weeks of waiting in Male.

4. Repatriation of mortal remains

While the departments of the Maldivian government such as the Ministry of Education do repatriate the mortal remains of Indian teachers at their cost, some private employers refuse to do so resulting in serious difficulty repatriating the bodies of Indian expatriates who die while in the Maldives.

5. Issue of dependent visa for old parents of Indian employees

While India readily provides dependent visas for the parents of children, the Maldivian government requires a request letter from the Indian High Commission to entertain such a visa request from an Indian expatriate.

6. Visa fee

While all visas for Maldivian nationals to travel to India are free, there are steep fees for visas for Indians in the Maldives, including newly born babies. There are very high penalties of MVR 15,000 (US$1000) even for a one day delay in the return or renewal of a visa.

7. Repatriation of salary

Indian professionals are complaining that they are not allowed to repatriate salaries of more than US$1000 a month, putting them at great disadvantage and difficulty.

8. Threat calls to diplomats

Threat calls have been received by the First Secretary. Authorities have given no feedback despite the lapse of one month.

9. Reopening of cases relating to sentenced Indian prisoners

Three Indians who have been convicted on murder charges have represented against their conviction based on forced confessions and requested reopening of their cases or presidential pardon.

10. Payment of deduction of salary

Fifteen percent of salaries and allowances were deducted [for some workers] during the economic recess. We have received representation for payment of the amount.

11. Pension contribution

Pension/contribution entitlement for Indians who have died, retired or returned to India should be paid to them.

President’s Office Spokesperson Masood Imad was not responding at time of press.

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Gender Ministry threatens legal action against HRCM over handing of Maafushi minors case

The Ministry of Gender, Family and Human Rights has rejected accusations by the Human Rights Commission of the Maldives (HRCM) that two minors were locked up in Maafushi prison, and has threatened legal action against the institution.

On January 17, HRCM issued a statement calling for the immediate release of two teenage girls living in Villingili orphanage, who were being held in Maafushi prison after being arrested by police.

Responding to the HRCM’s allegations, the Gender Ministry denied the two minors were kept in cells with other prisoners. The ministry also claimed that a HRCM team that went to meet the minors had forced one of the girls to speak about her past.

The statement added the Ministry was “very seriously” considering taking legal action against the HRCM for forcing one of the two minors to speak to the commission about her past.  The Gender Ministry said it strongly condemned the HRCM’s conduct in the matter, which it claimed could undo its efforts to help the girls recover from their past issues.

‘’The HRCM officials asked one of the minors about her past and she first refused to talk about the matter in the absence of her case worker.  The HRCM officials forced the minors to talk about it,’’ read the ministry statement.

The HRCM has responded to the Gender Ministry’s criticisms with its own statement, claiming that members of staff who met the minors were all highly qualified to do so.

The commission also denied allegations made by the ministry that it had forced the minors to speak about their past. It noted that no representatives from the Gender Ministry had met with the two minors since they were arrested.

The HRCM claimed that the commission was very concerned over the issue over the minors’ alleged detention, adding that two state institutions should not be disputing such a matter.

The commission also continued its calls for the two girls to be transferred to a safe place rather than keeping them in Maafushi prison.

Local media has alleged that the two girls, aged 15 and 16, were arrested on December 28, 2012, after escaping the orphanage in the middle of the night to fraternise with some boys.

A source familiar with Maafushi prison confirmed to Minivan News that the two minors were kept inside a cell in Unit 1 of the prison. According to the source, Unit 1 is the area designated for female inmates and contains women sentenced for all sorts of crimes.

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PPM will never break up so long as photographs of Gayoom exist: PPM MP Ahmed Nihan

Progressive Party of Maldives (PPM) MP Ahmed Nihan Hussain Manik has claimed that as long as photos of former President Maumoon Abdul Gayoom exist PPM will never “break up”.

Speaking at the closing ceremony at PPM’s first congress, local media reported Nihan as proclaiming that “no one” has as much courage as Gayoom and that PPM would not end up like the Dhivehi Rayyithunge Party (DRP).

“People have asked me during this election whether PPM is breaking up. There’s no way that PPM would break up as long as President Maumoon Abdul Gayoom is around and if he’s not around, as long as even a photo of him exists.

“There’s no chance of that happening. I’m telling you, there’s no one who has that much courage. Forget it,” Nihan was quoted as saying in local media.

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Government issues MVR 62.7 million compensation claim for stranded ship reef damage

The government has issued a MVR 62.7 million (US$ 4 million) compensation claim for damages caused to the coral reef on Male’s east coast by a stranded cargo ship.

Earlier this month (January 7) a 27,000-ton vessel called ‘Auguste Schulte’ became stranded in shallow water while attempting to make a turn near the coast of the Raalhugandu area in Male’.

Tug boats, assisted by the Maldives National Defence Force, were able to refloat the 213 metre long ship after a three-hour effort, local media reported.

A subsequent investigation by the Environment Protection Agency (EPA) calculated the damage to the reef to be worth MVR 62,733,800, Chairman of the Transport Authority Abdul Rasheed Nafiz told Minivan News.

“[Auguste Schulte’s local operator] Silver Company can either pay the fine to the government so the ship can continue its voyage or pay a bank guarantee should they wish to carry out their own investigation and let the ship leave.

“From what I understand, [Silver Company] intend to carry out their own survey and through that they will try negotiate the compensation claim cost,” Nafiz added.

The Transport Authority Chairman said that the Attorney General had stated under the Environment Protection Law that the government has the right to assess the damage to reef and calculate the cost of such damage.

The Transport Authority earlier stated that the government could impose a fine of MVR 85,000 (US$ 5,508) per square metre of damage caused to the reef.

Mohammed Nabeel, Managing Director of Silver Company, told local media that the company had begun efforts to try and secure the bank guarantee that currently stood at $4 million.

“We are trying to make sure that the ship departs as soon as possible. We do believe that there must be a fine in this matter, but the government has also said that there is room for negotiation,” he was quoted as saying by Sun Online.

Nabeel added that the company was also trying to assess the damages caused by the stranded vessel, and that negotiations will be based on their findings, local media reported.

Previously, a ship operated by Delmas – the same company local media reported to have owned Auguste Schulte – became stranded in the same area for 20 days.

Nabeel told local media that the compensation claim for that previous ship was set at MVR 4.5 million (US$ 291,828), adding that the contrast between the two figures is “remarkable”.

Responding to these comments, Nafiz said that the EPA has produced a report on the latest damage and Silver Company will be able to compare the two incidents as the conclusion is based on “the same formula”.

Environment Protection Agency were not responding to calls from Minivan News at time of press.

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Abdulla ‘Jaa’ Javid released from custody, brother detained by police

Abdulla ‘Jaa’ Javid has been released from custody following his 45-day detention in connection with the murder of MP Dr Afrasheem Ali last year.

On the day of his release (January 17) however, Javid’s brother Shahin Mohamed was taken away by police whilst waiting with Javid’s family outside of the court.

Chairperson of Maldivian Democratic Party (MDP) ‘Reeko’ Moosa Manik – Javid’s father-in-law – told Minivan News on Thursday that the police “took away” Mohamed without any warning.

“He was waiting for his brother to come out of court and the police came along and took him away. He was waiting silently and they took him without giving a reason,” Manik claimed.

Regarding Mohamed being held by police, Maldives Police Service (MPS) Spokesperson Sub-Inspector Hassan Haneef said that police would not be releasing any information of the Afrasheem murder case due to the “sensitivity” of the investigation.

Minivan News has since learned that Mohamed was released from police custody three hours after he was taken away by police.

Local media reported that Javid was released after he was brought to court to extend his detention period following the expiry of his previous term.

Javid’s lawyer, according to Manik, said the judge stated there was “no way” Javid could be kept in custody any longer.

“If they had any evidence they would have kept him there,” Manik added.

Former Deputy Prosecutor General Hussain Shameem said that Javid’s 45-day detention was “unreasonable” given that two people had already been charged of the crime.

“As for the arrest it is a constitutional right of the accused – and detained – for his case to be processed through the criminal justice system within a ‘reasonable time’,” Shameem added.

Javid had previously attempted to file a case to High Court claiming that the extension of detention order issued against him by the Criminal Court was unlawful.

However, the High Court ruled that there was no reasonable ground to support this adding that police claimed to have a phone call recording that supported their accusations of Javid’s involvement in the murder.

In December last year the MDP accused the police of attempting to pin Afrasheem’s murder of MDP members instead of going after those guilty of the crime, a statement seen by local media has read.

The party further reportedly stated that police had detained two of its members Mariyam Naifa and Alli ‘Smith’ Hashim for an extended period of time before releasing them without any charges.

Minivan News is awaiting for additional information from Director Department of Judicial Administration Ahmed Maajid regarding the release of Javid.

‘A desperate plea to help free my husband’

In a letter obtained by Minivan News, Javid’s wife Mida Moosa pleaded for the release of her husband claiming that the family were “very confused” regarding the information they had received about his detention.

The letter claims that Javid’s arrest took place hours before parliament was scheduled to finalise a decision on whether the proposed no-confidence vote against President Mohamed Waheed Hassan Manik should be held via secret votes.

Upon Javid’s initial extension of custodial detention, the letter alleges that Javid was kept in solitary confinement and that this matter was taken to the High Court.

“At the High Court hearing on December 13, MPS stated that Javid was kept in solitary confinement most likely because of an error made by the prison he was kept in,” the letter claims.

After the first 14 days of Javid’s detention the letter notes that he was brought back to court and on December 19 he was given another 15 day extension on his detention.

According to the letter, the prosecutors had brought a request form to court by the MPS stating that Javid was being kept in prison “for his own safety and to interrogate him on some evidence they had regarding the case.”

Afrasheem’s murder

Commissioner of Police Abdulla Riyaz has claimed that the murder of MP for Ungoofaaru constituency Dr Afrasheem Ali was a well-planned murder and insisted it was politically motivated.

The Commissioner alleged that the assassins were offered MVR 4 million (US$260,000) and that 200 items were collected as forensic and digital evidence.

“Over 500 hours of CCTV footage have been analysed, more than 100 people have been interviewed and about 13,000 phone call recordings have been analysed out of which 12,000 were from one single tower,” Riyaz said.

Afrasheem was killed on October 1. His wife discovered the body lying on the staircase of their home.

Dr Afrasheem was elected to parliament in 2009 as a member of the then-opposition Dhivehi Rayithunge Party (DRP).

Following the opposition’s split, Afrasheem sided with the Progressive Party of the Maldives (PPM) of former President Maumoon Abdul Gayoom, and faded into the political background.

Widely considered an Islamic moderate, Dr Afrasheem took outspoken and controversial positions on issues such as allowing the playing of music, and praying next to the deceased.

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