THE MALDIVES: INFORMATION ON FORCED LABOR AND EXPLOITATIVE

UNCLAS COLOMBO 000098 SIPDIS STATE FOR SCA/INSB AND DRL/ILCSR FOR SARAH MORGAN STATE FOR G/TIP FOR LUIS CDEBACA DOL/ILAB FOR LEYLA STROTKAMP, RACHEL RIGBY, TINA MCCARTER E.O. 12958: N/A TAGS: EIND ELAB ETRD PHUM SOCI CE SUBJECT: THE MALDIVES: INFORMATION ON FORCED LABOR AND EXPLOITATIVE CHILD LABOR IN THE PRODUCTION OF GOODS FOR MANDATORY CONGRESSIONAL REPORTING REQUIREMENTS REFTEL: STATE 131995 ¶1. Reftel only requests responses to tasking 1/TVPRA, on the use of forced or exploitive child labor in the production of goods. However, the Maldives was reinstated to the General System of Preference program in December 2009, so post also will provide information applicable to tasking 2. ¶2. The economy of the Maldives is dominated by three sectors: tourism, fishing, and the government. The Maldives is comprised of over 1,190 islands, of which 198 are inhabited and 95 are exclusive resort islands. The population is approximately 310,000, of whom 103,000 live on the capital island of Male'. There are an additional 80,000 expatriate workers. The labor force is approximately 100,000 people, and over 30,000 of them are employed by the government. Prevalence of Child or Exploitive Labor in the Maldives ¶3. The Government of the Maldives or the tourism industry does not employ child or forced labor, but there could be some limited cases in the fishing industry or domestic help. Econoff reviewed the report of the Maldives Human Rights Commission and discussed the issue with officials of the Ministry of Human Resources, Youth and Sports (which covers labor issues),the International Labor Organization (ILO),and private sector representatives. All agree that child or forced labor does not exist in the government or the tourist resorts. In its Rapid Assessment of the Employment Situation in the Maldives, the Human Rights Commission of the Maldives concluded that 'forced labor in the form of coercive recruitment has not been evident in the Maldives ... During this [2008] assessment, no evidence was found of men, women and children being tied to work through debt or of trafficking in women and/or children or of their being sold into forced prostitution or other work places as may be found in some other South Asian countries. However, some cases of girls addicted to drugs being forced into prostitution have been reported.' Post will provide more detail on trafficking issues in its upcoming Trafficking in Persons Report. ¶4. According to our interviews and the Maldives Human Rights Commission report, one common practice is for children living on islands with inadequate or no schools to move to another island where they attend school and perform domestic chores for the host family. According to the Maldives Human Rights Commission 'Some girls and boys who migrate to Male' from outer islands for educational purposes are compelled to work as domestic workers.' Siraj Hussain, a former Ministry official who now works with the ILO, portrayed the practice as benign. Hussain himself had provided domestic help to his host family when he was a child studying in Male', but he still attended school. Indeed, without this labor arrangement, Hussain would not have received the education that has allowed him to work in professional positions. ¶5. There are anecdotal reports of child labor in the fishing industry, either working with their parents to salt and process the dried fish, or with host families so that they can go to school. There has not been a survey of child labor in the Maldives, so Post cannot ascertain the prevalence of child labor in the fishing industry. There could also be child labor in the handicrafts industry, but we need to investigate further. ¶6. As noted, the Maldives has a large expatriate work force. The expatriate work force, however, is composed of adults, and Post has not heard of an issue with expatriate child labor. New Protections against Forced and Child Labor ¶7. The Maldives has made great strides to protect labor rights. The Maldives has ratified a new constitution which prohibits forced labor, enacted an employment law that contains specific protections against child labor, been reinstated in the International Labor Organization, and established a Labor Tribunal. The Maldives still needs to implement certain regulations, but there have been dramatic improvements in legal protection against forced, exploitive, and/or child labor. ¶8. The new Maldives Constitution entered into force in August 2008, and article 25 prohibits forced labor: 'Article 25: No Slavery or Forced Labor (a) No one shall be held in slavery or servitude, or be required to perform forced labor.' ¶9. The 2009 Maldives Employment Act also prohibits forced labor and child labor. In the employment act, article three states that no person shall be compelled or forced into employment. The Labor Tribunal enforces this prohibition. Article six prohibits the employment of a minor under the age of sixteen except for the purpose of training in relation to the minor's education. Moreover, article seven prohibits the employment of any person under eighteen in any work or employment that will have a detrimental effect on a child's health, education, safety or morals due to the work or job conditions. Article eight requires parental consent for employing minors. Article nine prohibits the employment of a minor during school hours and after 11:00 p.m. Violations of the employment act are punishable by fines from 1,000 to 5,000 Rf (approximately $78 to $390 USD). ¶10. The Maldives is still developing its enforcement regime for these labor laws. Hussain reports that the Maldives has set up a seven person Labor Tribunal, which is professionally staffed with lawyers and officials with a human resources experience. The ILO plans to provide training to the Labor Tribunal. The Labor Tribunal is currently processing 28 different claims, and its website is www.employmenttribunal.gov.mv. The Maldives also has three labor inspectors, but they cover all employment and workplace issues, and they reportedly need training. At present, Hussain did not believe that the inspectors were working any child labor cases. ¶11. The International Labor Organization has developed a work plan with the Government of the Maldives to provide technical assistance, assess the labor market and ratify international labor standards, such as the eight core ILO conventions. The work plan provides a forum to advance work on potential child labor issues. ¶12. Comment: The Maldives has come a long way over the last two years. Until 1994 they did not have any labor laws; the 2009 employment act provides many additional legal guarantees, and raises the age for employment from fourteen to sixteen years old. The Maldives still needs to improve its labor enforcement mechanisms, but with the assistance of the ILO, they are on the right path to get there. End Comment.