54. State authorities must take all measures required to expedite the process of passing and
enacting the Bill on Anti‐Torture as this will be a bold step against prevention of torture. It
is equally important that the State review the current status of the detention facilities and
develop infrastructure in accordance with internationally accepted minimum standards
for detention facilities, which strictly emphasize on categorization and segregation of
various types of offenders, including adults and juveniles. In addition, the State should
ensure that all the detention facilities posses’ relevant procedures and guidelines needed
for its operation. The State should conduct, capacity building programs for the staff,
especially focusing on personnel who are dealing with children and persons with
disabilities and mental illnesses. Moreover, sufficient resource allocation is necessary by
the State in order to effectively manage the detention facilities.
Article 8: Prohibition of Slavery
Existence of Practices Leading to Forced Labour
56. Among the significant number of migrant workers, Maldives have been considered as a
preferred destination for employment21, especially from countries such as Bangladesh,
India, Philippines and Sri Lanka. The total number of migrant workers employed in the
country by the year 2010 is 79,77722. Among these migrant workers, considerable number
of migrant workers is subjected to various forms of exploitation such as fraudulent
recruitment practices by their agents and withholding of wages23. Migrant workers are also
subjected to other inhumane condition such as being accommodated in overcrowded
places which lack proper ventilation, adequate sanitary facilities and in most cases without
fresh water or with limited accessibility to fresh water24.
57. Many of the migrant workers pay a large sum of money as a commission to get
employment opportunities in the Maldives, putting themselves in a position where they are
unable to leave the country or work place due to the heavy debt. This is clearly reflected in
the number of complaints lodged by the migrant workers to Labour Relations Authority
Chapter: Article 8: Prohibition of Slavery
55. Article 25 (a) of the Constitution states that no one shall be held in slavery or servitude, or
be subjected to forced labour. Article 3(a) of the Employment Act (2008) categorically states
that no person shall be compelled or forced into employment and defines forced
employment such as any service or labour obtained from a person under the threat of
punishment, undue influence or intimidation, and does not include services or labour
performed by any person on his own volition20. According to article 68 of the Employment
Act, the only penalty prescribed for offenses relating to violations of Employment Act is a
fine not more than MRF 5000.00 (US$ 324.25).
29