trafficked for purposes of sexual exploitation, forced labour, held in slave like conditions
and are subjected to other forms of exploitation.
68. The State needs to find proper solutions to the estimated 30,000 or more undocumented
migrant workers, ensuring that such measures taken by the government does not re‐
victimize individuals. It is also important to establish a psycho‐social support system for
foreign and local victims of trafficking. The State needs to strengthen its efforts to enforce
existing regulations relating to work place standards and to undertake periodic
monitoring of worksites so as to guarantee favourable conditions. The State also needs to
take appropriate measures to ensure that workers are not exploited by the employers,
agents or any other party and work towards respecting, protecting and fulfilling the rights
of migrant workers. It is equally important to speed up the bill on Anti Human Trafficking
and Smuggling and the ratification of International Convention on Protection of Rights of
All Migrant Workers and their Families (ICPRMWF). Likewise, it needs to create awareness
relating to human trafficking of both local and migrant workers.
Article 9, Arbitrary Arrest
69. Article 45 of the present Constitution states that everyone has the right not to be arbitrarily
detained, arrested or imprisoned except as provided by law enacted by Parliament which
should not be contrary to the Constitution and tenants of Islam. Additionally, article 46 of
the Constitution states that everyone has the right not to be arbitrarily detained, or
detained for an offence unless the arresting officer sees the offence being committed, or
has reasonable and probable grounds or evidence to believe the person has committed an
offence or is about to commit an offence, or under the authority of an arrest warrant issued
by the court.
Existence of Practices that leads to Arbitrary Arrest or Detention
71. On January 16, 2012, the unlawful arrest and secret detention, by the military, of the Chief
Judge of the Criminal Court Uz. Abdulla Mohamed was a clear violation of the rights
specified in the ICCPR and those stipulated in the Maldives Constitution This was an act that
HRCM criticized from the very outset as it violates basic rights outlined in the Constitution,
the International Human Rights Instruments and also greatly undermines the independence
Chapter:
70. Despite the aforementioned provisional guarantees on freedom from arbitrary arrest or
detention, there are incidences of such violations. Following are prominent incidents which
illustrate the breach of what rights enshrined in the Constitution.
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