2010 Annual Survey of violations of trade union rights – Maldives

Population: 309,000
Capital: Male
ILO Core Conventions Ratified:

The Maldives have become a member of the ILO and the 2008 Constitution recognises fundamental trade union rights. There are no real trade unions or collective bargaining however. Employees in the powerful luxury hotel industry regularly face reprisals if they try to defend their rights. All the leaders of a strike at the Bandos Island Resort lost their jobs.

Trade union rights in law

Progress has been made to secure trade union rights and ensure conformity with international labour standards. A new Constitution was ratified in August 2008, and includes a charter of fundamental rights and contains provisions on the separation of legislative and judicial powers. The Constitution also guarantees, among other things, freedom of expression, freedom of association and the right to strike. The Maldives joined the ILO on 15 May 2009, but has not yet ratified any conventions.

Trade union rights in practice and violations in 2009

Background: Mohamed Nasheed, a former political prisoner, has been in power since the first multi-party presidential elections in 2008. That election put an end to the autocratic rule of President Maumoon Abdul Gayoom, who held power for 30 years. The new president has promised a smooth transition to democracy and more freedom.

Workers’ associations, a few strikes, but still no unions: Some workers’ organisations have been established, particularly in the tourism and education sectors, though these are associations rather than real unions. Some strikes have taken place in the tourism industry.

No collective bargaining: According to a report by the Human Rights Commission of the Maldives, the actions of the Teachers Association of the Maldives (TAM), the Tourism Employees Association of the Maldives (TEAM) and a fishermen’s association, among the most active in defending employees’ rights in their respective sectors, are hampered by the uncertainties surrounding their status, mandate and in general the lack of laws defining their role, function and the procedures by which they may negotiate with employers. In the absence of a real trade union, the concept of collective bargaining remains unknown in the Maldives.

Creation of a labour tribunal: A labour tribunal was established in mid-April with the mandate of enforcing the labour rights enshrined in the Employment Act. Four days after its creation, 100 complaints had already been submitted, most of them concerning dismissals without warning and employment without contracts. TAM (Teachers’ Association of the Maldives) has complained that the tribunal’s decisions are not applied when they are in the workers’ favour.

Black lists and false charges: According to the Tourism Employees Association of the Maldives (TEAM), workers in the big luxury hotels who try to ensure the respect of their rights are the target of unfair dismissals and are black-listed. They say that employers even have the support of some police departments in bringing false charges against the workers, such as the consumption of illegal drugs. TEAM reports that when workers have to provide urine samples further to an investigation into drug consumption, in some cases positive results are announced orally, without any formal proof. A positive test means dismissal and the end of the worker’s career. Furthermore say TEAM, the all-powerful luxury hotel industry and the government control the media, who paint a negative picture of trade unionism.

Pressure on strikers at Bandos Island Resort: In March the Tourism Employees Association of the Maldives (TEAM) reported that management at Bandos Island Resort had demanded the contact details of participants in a strike, before it took place. According to one of the employees of this luxury hotel, it was a ruse to frighten workers. They all took part in the strike however, and after negotiations they obtained the recognition of the rights they were defending. All the strike leaders subsequently lost their jobs however. Either their contract was not renewed or they were charged with the consumption of illegal drugs.

source: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?page=country&docid=4c4fec68c&skip=0&coi=MDV&querysi=trade&searchin=title&display=10&sort=date

2009 Annual Survey of violations of trade union rights – Maldives

Population: 306,000
Capital: Male
ILO Core Conventions Ratified: Not a member state

The adoption of a new constitution and the organisation of multi-party elections placed the Maldives on the path to democracy. The first legislation on employment was also adopted. Some workers are forming organisations to defend their rights.

Trade union rights in law

Freedom of association and right to strike recognised in new Constitution: The new constitution ratified in August 2008 includes a charter of fundamental rights and contains provisions on the separation of legislative and judicial powers. This new constitution guarantees, amongst other things, freedom of expression, freedom of association and the right to strike.

New Employment Act: For the first time in the country’s history, an Employment Act was also adopted. It guarantees workers a series of rights including a minimum wage, maximum working hours and protection against unfair dismissal. When adopted in May, it initially excluded the tourism industry, which is one of the driving forces of the national economy. Following a strike threat by the Tourism Employees Association of Maldives (TEAM), the Parliament adopted an amendment in early October to include tourism under the scope of the Act. Police and armed forces members remain excluded, however.

Plan to join the ILO: The Maldives are intending to join the ILO. The government has already acceded to the International Covenant on Economic, Social and Cultural Rights (ICESR) and the International Covenant on Civil and Political Rights (ICCPR). Article 8 of the ICESR explicitly commits governments to recognise the rights to form a trade union and to strike.

Trade union rights in practice and violations in 2008

Background: A former political prisoner, Mohamed ‘Anni’ Nasheed, was elected in the first multi-party presidential elections in October 2008. The election ousted the autocratic government of President Maumoon Abdul Gayoom, which had been in power for 30 years. Following the election the new President promised a smooth transition to democracy and more freedom.

Associations and some strikes, but still no unions: Some workers’ organisations have been established, particularly in the tourism and education sectors, though these are associations rather than real unions. Some strikes also took place in the tourism industry and education. The teachers’ strike held on 1 July by the “Association of Teacher’s Link” was the first strike to have been recognised by the government.

Confrontation between the police and striking workers: On 28 November, the employees of a luxury hotel, the “Reethi Rah”, went on strike to demand better working conditions, the application of the new Employment Act and the transfer of a member of the management. The following day, 13 workers were sacked. On 30 November, around 200 workers took part in a protest, during which the police briefly arrested a number of workers, some of whom told Reuters that they had been beaten. The Human Rights Commission confirmed, after an investigation, that the police had used truncheons and spray.

These events sparked off protests in some other luxury hotels in the Maldives. The dispute was ended after the intervention of the President’s Office. The new government promised to establish an industrial tribunal and an industrial relations authority for enforcing the new Employment Act.

source: http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?page=country&docid=4c52cad9c&skip=0&coi=MDV&querysi=trade&searchin=title&display=10&sort=date