All Comments

Previous comment

Article 1 of the Convention. National Policy designed to ensure the effective abolition of child labour. The Committee notes, from the report of the Government of the Maldives submitted under the Convention on the Rights of the Child of 1 October 2021 (CRC/C/MDV/6-7, paragraph 5), that the Government formulated the Strategic Action Plan (2019-2023) (SAP), in the framework of which protection of child rights and social protection is a recurrent theme, with a majority of the policies aimed at the betterment of social protection services, prevention of violence against children, enhancement of the lives of children with special needs, improvement of family life and provision of enhanced services to the youth. Recalling that, under Article 1, ratifying Members shall undertake to pursue a national policy designed to ensure the effective abolition of child labour, the Committee requests the Government to supply information on the impact of the SAP on the abolition of child labour.

Articles 2(1) and 4. Scope of application and exclusion of limited categories of employment or work. The Committee previously noted that section 6 of the Employment Act stated that minors under 16 years of age were allowed to participate in the family line of work of their own will. The Committee notes the Government’s information, in its report, regarding the adoption of the Child Rights Protection Act (CRPA) 19/2019, which came into force in 2020. Section 26 of the CRPA 19/2019 also prohibits the engagement of children under the age of 16 in employment or work, but includes the same exception as the one provided under the Employment Act, namely that children under 16 years, who consent to it, may be engaged in family work. The Committee reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment or work, unless excluded under Article 4(1) of the Convention. In this regard, the Committee recalls that, in so far as necessary, the competent authority, after consultation with the organizations of employers and workers concerned, may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application may arise. The Committee therefore requests the Government to indicate whether it intends to exclude from the application of the Convention work undertaken by children under 16 years, with their consent, in family undertakings, and to provide information on any consultations held in this regard. If the Government does not intend to exclude this category of work from the application of the Convention, the Committee requests the Government to take the necessary measures to ensure the amendment of section 6 of the Employment Act and section 26 of the CRPA, so that children who have not reached the minimum age for admission to employment or work of 16 are not engaged in child labour.

Application of the Convention in practice. The Committee previously noted that, according to the Understanding Children’s Work Project (UCW) estimates from a 2009 national survey, over 2,000 children (4.2 per cent) aged 7–14 years were in employment in the Republic of Maldives. The Committee requests the Government to provide updated statistics on the child labour situation in the country, such as recent statistics disaggregated by gender and by age group, relating to the nature, extent and trends of work done by children under the minimum age of 15 years.

Previous comment

Article 2(3) of the Convention. Age of completion of compulsory education. Regarding the Committee’s request that the Government take the necessary measures to ensure compulsory education up to 16 years, in line with the minimum age for admission to employment or work in the country, the Committee notes with satisfaction that, in accordance with section 14 of the new Education Act, 2020, every child between 4 and 16 years of age living in the Maldives is required to complete compulsory education. In addition, section 21(b) of the Child Rights Protection Act 19/2019 provides that parents and the State must ensure the provision of compulsory primary and secondary education to all children.

Article 3(2). Determination of types of hazardous work. The Committee notes with satisfaction the adoption of the detailed list of hazardous types of work that children under 18 are not allowed to participate in under any circumstances, adopted through the General Regulation on Child Rights Protection (R70-2020) of 2020 (section 10). These include, for example, any work that may have a negative impact or pose a threat to their health, physical, mental or spiritual development; construction work; work involving hazardous chemicals and explosives; work in garages, carpentries and warehouses; mechanized fishing activities; selling products that contain tobacco; work at an operating port; and certain jobs in the tourism sector.

Article 6. Vocational training and apprenticeship. Following its previous comments, the Committee notes that section 26(b) the Child Rights Protection Act 19/2019, like section 6 of the Employment Act, provides that children under 16 years of age may be employed in connection with training associated with their education or development. The Committee notes that no minimum age is specified in this regard. The Committee recalls that, under Article 6, while the Convention does not apply to work done by children or young persons in schools for general, vocational or technical education or in other training institutions, it applies to work done by children under the age of 14 years in undertakings in the context of an apprenticeship. The Committee requests the Government to take the necessary measures to ensure that the minimum age for entering into an apprenticeship is not below 14 years. It requests the Government to provide information in this regard.

Article 9. Penalties and labour inspection. Following its previous comments, the Committee notes the Government’s information that the Labour Relations Authority (LRA) identified 26 cases of child labour in 2019, 35 cases in 2020, 25 cases in 2021 and 39 cases in 2022. The Government indicates that all cases had “parental consent”, except for one case identified in 2021. Employers who are found to be in violation are advised to comply within a specified time frame. If the employer fails to comply by the deadline, the LRA will take administrative action against the employer. A referral letter is also sent to the Ministry of Gender, Family, and Social Services (MGFSS) if any child under the age of 18 is working in violation of the Employment Act and the General Regulation on Child Rights Protection (2020/R-70). The Committee notes the Government’s indication that only one case identified without parental consent in 2021 was referred to the MGFSS. The employer in question was asked to comply with the Employment Act. As the employer complied within the time frame specified, no further administrative action was taken.

While taking note of this information, the Committee stresses: (1) that violations of the Employment Act regarding the minimum age for admission to work and employment should not be contingent upon the consent of the parent; and (2) that Article 9(1) of the Convention requires Member States to take all necessary measures, including the provision of appropriate penalties, to ensure the effective enforcement of its provisions. The Committee also recalls that even the best legislation only takes value when it is applied effectively (General Survey on the fundamental Conventions, 2012, para. 410). The Committee therefore requests the Government to take the necessary measures to ensure that persons found to be in breach of the provisions giving effect to the Convention are prosecuted and that adequate penalties are imposed, regardless of parental consent. It requests the Government to provide information on the progress made in this regard, as well as to continue to provide information on the application in practice of section 12 of the Employment Act, including the number and nature of violations identified and the penalties imposed.

The Committee is also raising other matters in a request addressed directly to the Government.

Article 1 of the Convention. National Policy designed to ensure the effective abolition of child labour and application of the Convention in practice. The Committee previously noted the Government’s indication that there was no specific national policy addressing child labour. It also noted that, according to the Understanding the Children’s Work Project (UCW) estimates from a 2009 national survey, over 2,000 children (4.2 per cent) aged 7–14 years were in employment in the Republic of Maldives. The Committee consequently requested the Government to take the necessary measures to eliminate child labour, including through the adoption of a national policy to combat child labour.

The Government indicates in its report that there is no action plan in place to combat child labour. It further states that there are few cases of child labour. The Committee encourages the Government to develop and adopt a national policy to ensure the progressive and complete elimination of child labour. It also requests the Government to continue to provide information on the practical application of the Convention, particularly statistical data on the number of children below the minimum age engaged in child labour in the country.

Article 2(1). Scope of application. The Committee previously noted that section 6 of the Employment Act stated that minors under 16 years of age were allowed to participate in the family line of work of their own will. It further noted that, according to the UCW estimates of 2009, 67.3 per cent of the children working in the Republic of Maldives were working in unpaid situations, while 23.4 per cent were engaged in family work. The Committee requested the Government to review section 6 of the Employment Act to ensure that all children benefit from the protection laid down by the Convention.

The Government indicates that the Child Rights Protection Bill, which is to replace the Law on the Protection of the Rights of the Child (Law No. 9/91), provides that no one should involve children in any work that affects the child’s education or well-being. The Committee notes that, according to a UNICEF press release, the Child Rights Protection Act entered into force on 20 February 2020. While taking due note of the Government’s information, the Committee wishes to recall that no child shall work under the minimum age for admission to employment or work, apart from the cases provided for in Article 6 (vocational training and apprenticeship), Article 7 (light work) and Article 8 (artistic performances) of the Convention. The Committee therefore requests the Government to take the necessary measures to ensure the amendment of section 6 of the Employment Act so that children who have not reached the minimum age for admission to employment or work of 16 may not perform child labour, except in cases provided for in the Convention. It also requests the Government to provide a copy of the new Child Rights Protection Act.

Article 2(3). Age of completion of compulsory education. The Committee previously noted that, according to the Government, a draft Education Bill, which introduced compulsory education up to grade 10 (normally enrolling children of up to 15 years of age), had been presented to the Parliament. The Committee underlined that if compulsory schooling came to an end before children were legally entitled to work, there might arise a vacuum which would open the door to the economic exploitation of children. It accordingly requested the Government to ensure that the draft Education Bill is adopted in the near future and provides for compulsory education up to the minimum age for admission to employment or work of 16 years.

The Government indicates that the draft Education Bill remains pending, and that further information will be provided in future reports. The Committee notes that the National Human Rights Action Plan of 2017, annexed to the Government’s report, sets the objective of enacting and promulgating the Education Act.

The Government further indicates that the Child Rights Protection Bill contains provisions on the right to education. The Committee notes that the Child Rights Protection Act entered into force on 20 February 2020. The Committee trusts that the Government will take the necessary measures to ensure compulsory education up to 16 years, in line with the minimum age for admission to employment or work. It requests the Government to provide information on the relevant provisions in this regard. It also requests the Government to supply information on the provisions relating to education in the Child Rights Protection Act.

Article 3(2). Determination of types of hazardous work. Regarding the determination of hazardous types of work, the Committee refers to its detailed comments on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 6. Vocational training and apprenticeship. The Committee previously noted that section 6 of the Employment Act provided that minors under 16 years of age might be employed in connection with training associated with their education or development, without specifying a minimum age in this regard. It therefore requested the Government to set a minimum age for admission to apprenticeship, to ensure that no child under 14 years of age undertakes an apprenticeship.

The Government states that it will consider the Committee’s suggestion. The Committee trusts that the Government will take the necessary measures to ensure that the minimum age for entering an apprenticeship or vocational training programme is not below 14 years. It requests the Government to provide information in this regard.

Article 8. Artistic performances. The Committee previously noted that there were no system under the national legislation allowing exceptions to the prohibition of employment or work for such purposes as participation in artistic performances. Referring to the Committee’s previous request as to whether in practice children under 16 years of age participate in artistic performances, the Government indicates that children in the Maldives do not participate in artistic performances.

Article 9. Penalties and labour inspection. The Committee previously noted that section 12 of the Employment Act provided that any person contravening a provision of Chapter 3 regarding the employment of minors should be fined a sum of not less than 1,000 Maldives Rufiyaa (MVR) and not more than MVR5,000. It also noted the Government’s indication that the Labour Relations Authority (LRA) monitored child labour. It noted that, according to the Committee on the Rights of the Child, the Employment Act was poorly enforced, as the LRA was understaffed and under-resourced. The Committee requested the Government to take the necessary measures to strengthen the capacity of the LRA to effectively monitor the legislation regarding child labour.

The Government indicates that the LRA uses a standard format for the inspection of establishments, which includes items on child labour. Officials of the LRA also raise awareness through their activities on minimum age and child labour, including in schools. The Government further states that the LRA conducts labour inspections in all atolls according to budget and inspection needs, as well as on islands with establishments, usually tourist resorts. Inspection priorities are set according to the size of companies’ workforce and risks. The LRA currently has a staff of 32 persons, including 11 inspectors, who carry out routine inspections, and four investigators, who act on complaints. An increase of seven staff members has been approved by the Ministry of Finance and the Civil Service Commission. With regard to the training of labour inspectors, efforts are being made to send them to neighbouring countries for training, and internal training is also provided by senior inspectors. The Government states that there is an issue of staff turnover.

The Government indicates that in 2018, there were about 257 inspections, and only two cases of child labour were reported. In 2019, approximately 200 inspections were conducted to date, and there were no findings of violations with respect to the minimum age. The Committee encourages the Government to pursue its efforts to strengthen the capacity of the Labour Relations Authority. It requests the Government to continue to provide information on the activities of the LRA to raise awareness on child labour. It also requests the Government to continue to provide information on the application in practice of section 12 of the Employment Act, including the number and nature of violations identified and the penalties imposed.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2017.

Repetition

The Committee notes the Government’s first report.

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee notes the Government’s indication in its report that there is no specific national policy addressing child labour in the country. The Committee also notes that, according to the Understanding the Children’s Work Project (UCW) estimates from a 2009 national survey, over 2,000 children (4.2 per cent) aged 7–14 years were in employment in the Republic of Maldives. The estimates also showed that boys were slightly more likely than girls to be in employment, while children in urban areas were more likely to work than their rural peers. According to the Maldives’ Population and Housing Census carried out by the National Bureau of Statistics in 2014, out of the total population aged 15–17 years, 1,878 of them were employed. Among them, 30 per cent were engaged in wholesale and retail, repair of motor vehicles and motorcycles, followed by 19.2 per cent in agriculture, forestry and fishing. The Committee therefore requests that the Government take the necessary measures to eliminate child labour, including through adopting a national policy and a national action plan to combat child labour in the country. It also requests that the Government continue to provide statistical information on children involved in child labour.

Article 2(1). 1. Minimum age for admission to employment or work. In ratifying the Convention, the Republic of Maldives specified a minimum age of 16 years for admission to employment or work within its territory, pursuant to Article 2(1) of the Convention. Section 6 of the Employment Act provides that minors under the age of 16 years shall not be employed, as a general principle.

2. Scope of application. The Committee notes that, pursuant to section 6 of the Employment Act, minors under 16 years of age are allowed to participate in the family line of work of their own will. The Committee also notes that, according to the Government’s information in its report to the Committee on the Rights of the Child (CRC) of 28 January 2015, this provision may present authorities with the challenge of having to prove that a child is unwilling to work, and the Government is fully aware that the provision is not always respected in practice (CRC/C/MDV/4-5, paragraph 231). It further notes that, according to UCW estimates in 2009, among working children in the Republic of Maldives, 67.3 per cent were working in unpaid only positions, while 23.4 per cent were engaged in family work. The Committee therefore requests that the Government review section 6 of the Employment Act to ensure that all children, including children working in family businesses, benefit from the protection laid down by the Convention.

Article 2(3). Age of completion of compulsory education. The Committee notes that article 36(b) of the Constitution provides that primary and secondary education shall be freely provided by the State, and that it is imperative that parents and the State provide children with primary and secondary education. However, according to the World Data on Education 2010/2011 of UNESCO, there is no special provision constituting an education law in the Republic of Maldives. The Committee also notes that, according to the Government’s report to the CRC of 28 January 2015, a draft Education bill has been presented to the Parliament, which will introduce compulsory education up to grade 10 (normally enrolling children of up to 15 years of age) (CRC/C/MDV/4-5, paragraph 19(f)). However, in its concluding observations of 14 March 2016, the CRC expressed its concern at the delay in passing this bill (CRC/C/MDV/CO/4-5, paragraph 60). The Committee further notes that, according to the Maldives’ Population and Housing Census carried out by the National Bureau of Statistics in 2014, at primary level (from 6 to 12 years of age), the net school attendance rate was 88 per cent; at the lower secondary level (from 13 to 15 years of age), the net attendance rate was 76 per cent, while at the higher secondary level (from 16 to 18 years of age), the net attendance rate was only 47 per cent. The data from UNESCO Institute for Statistics shows that, in 2016, the net enrolment ratio for primary level rose to 94.80 per cent, with 95.95 per cent for girls and 93.70 per cent for boys. However, the net enrolment ratio for lower secondary level decreased to 68.86 per cent, with 70.41 per cent for boys and only 67.24 per cent for girls. In this regard, the Committee reminds the Government that if compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which, regrettably, opens the door for the economic exploitation of children (see General Survey of 2012 on fundamental Conventions, paragraph 371). Considering that compulsory education is one of the most effective means of combating child labour, the Committee requests that the Government take the necessary measures to ensure that the draft Education Bill is adopted in the near future and provides for compulsory education up to the minimum age for admission to employment or work of 16 years.

Article 3(1) and (2). Minimum age for admission to and determination of hazardous work. The Committee notes that, according to section 7(a) of the Employment Act, no minors (persons under 18 years of age) shall be employed in any work or employment that may have a detrimental effect on their health, education, safety or conduct. However, the Government indicates that specific types of hazardous work have not been identified pursuant to Article 3 of the Convention. It further states that the clauses of the Employment Act are interpreted as having a broad meaning in practice to include physically exerting work such as construction, loading and unloading, which would affect children’s health and safety, and desk jobs such as movie/media classification, where children would have access to materials which may have a negative effect on their morals. However, the Committee notes the Government’s statement in its report to the CRC of 2015 that some provisions of the Employment Act regarding the employment of minors, such as section 7(a), are not always respected in practice (CRC/C/MDV/4-5, paragraph 231). The Committee therefore requests that the Government take the necessary measures to ensure the adoption of a list of types of hazardous work, as required by Article 3(2) of the Convention. It also requests that the Government provide information on any measures undertaken and progress made in this regard.

Article 6. Vocational training and apprenticeship. The Committee notes that, pursuant to section 6 of the Employment Act, minors under 16 years of age may be employed in connection with training associated with their education or development. However, there is no minimum age provided in this regard. The Committee therefore requests that the Government set a minimum age for admission to apprenticeship to ensure that no child under 14 years of age undertakes an apprenticeship.

Article 7(1) and (3). Minimum age for admission to light work and determination of light work. The Committee notes the Government’s indication that there are no provisions regarding light work under the national legislation. The Committee therefore encourages the Government to regulate light work to ensure that only children from the age of 13 years may engage in economic activities. It also requests that the Government take the necessary measures to determine what light work activities are permitted to be done by children of 13–16 years and to prescribe the number of hours and conditions of such work.

Article 8(1) and (3). Artistic performances. The Committee notes the Government’s information that there is no system under the national legislation which allows exceptions to the prohibition of employment or work for such purpose as participation in artistic performances. The Committee therefore requests that the Government indicate whether in practice children under 16 years of age participate in artistic performances. If so, it also requests that the Government provide information on measures taken or envisaged for the granting of permits, as well as the conditions under which permits are granted, for children willing to participate in artistic performances.

Article 9. Penalties and labour inspection. The Committee notes that section 12 of the Employment Act provides that any person contravening a provision of Chapter 3 regarding the employment of minors shall be fined a sum of not less than 1,000 Maldives (Maldive Islands) Rufiyaa (MVR) and not more than MVR5,000. The Committee also notes the Government’s information that the Minister of Economic Development, currently entrusted with the labour mandate, is responsible for ensuring compliance with the provisions giving effect to the Convention. Moreover, the Labour Relations Authority monitors child labour through inspections and investigations based on claims lodged at the Authority. The Government states that there has not been any reported or identified case in this regard, therefore no penalty of this nature has been levied so far. However, the Committee notes that the CRC, in its concluding observations of 14 March 2016, expresses its concern at the poor enforcement of the Employment Act, as the Authority is understaffed and under-resourced, inspections are inadequate and no specific training on recognizing and addressing child labour has been provided to inspectors (CRC/C/MDV/CO/4-5, paragraph 66). The Committee therefore requests that the Government take the necessary measures to strengthen the capacity of the Labour Relations Authority to effectively monitor the legislation regarding child labour, including through the allocation of additional resources, provision of specific training and reinforcement of proactive inspection visits. The Committee also requests that the Government continue providing information on the application in practice of the relevant provisions in this regard, including the number of violations and the specific penalties imposed.

The Committee notes the Government’s first report.

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee notes the Government’s indication in its report that there is no specific national policy addressing child labour in the country. The Committee also notes that, according to the Understanding the Children’s Work Project (UCW) estimates from a 2009 national survey, over 2,000 children (4.2 per cent) aged 7–14 years were in employment in the Republic of Maldives. The estimates also showed that boys were slightly more likely than girls to be in employment, while children in urban areas were more likely to work than their rural peers. According to the Maldives’ Population and Housing Census carried out by the National Bureau of Statistics in 2014, out of the total population aged 15–17 years, 1,878 of them were employed. Among them, 30 per cent were engaged in wholesale and retail, repair of motor vehicles and motorcycles, followed by 19.2 per cent in agriculture, forestry and fishing. The Committee therefore requests that the Government take the necessary measures to eliminate child labour, including through adopting a national policy and a national action plan to combat child labour in the country. It also requests that the Government continue to provide statistical information on children involved in child labour.

Article 2(1). 1. Minimum age for admission to employment or work. In ratifying the Convention, the Republic of Maldives specified a minimum age of 16 years for admission to employment or work within its territory, pursuant to Article 2(1) of the Convention. Section 6 of the Employment Act provides that minors under the age of 16 years shall not be employed, as a general principle.

2. Scope of application. The Committee notes that, pursuant to section 6 of the Employment Act, minors under 16 years of age are allowed to participate in the family line of work of their own will. The Committee also notes that, according to the Government’s information in its report to the Committee on the Rights of the Child (CRC) of 28 January 2015, this provision may present authorities with the challenge of having to prove that a child is unwilling to work, and the Government is fully aware that the provision is not always respected in practice (CRC/C/MDV/4-5, paragraph 231). It further notes that, according to UCW estimates in 2009, among working children in the Republic of Maldives, 67.3 per cent were working in unpaid only positions, while 23.4 per cent were engaged in family work. The Committee therefore requests that the Government review section 6 of the Employment Act to ensure that all children, including children working in family businesses, benefit from the protection laid down by the Convention.

Article 2(3). Age of completion of compulsory education. The Committee notes that article 36(b) of the Constitution provides that primary and secondary education shall be freely provided by the State, and that it is imperative that parents and the State provide children with primary and secondary education. However, according to the World Data on Education 2010/2011 of UNESCO, there is no special provision constituting an education law in the Republic of Maldives. The Committee also notes that, according to the Government’s report to the CRC of 28 January 2015, a draft Education bill has been presented to the Parliament, which will introduce compulsory education up to grade 10 (normally enrolling children of up to 15 years of age) (CRC/C/MDV/4-5, paragraph 19(f)). However, in its concluding observations of 14 March 2016, the CRC expressed its concern at the delay in passing this bill (CRC/C/MDV/CO/4-5, paragraph 60). The Committee further notes that, according to the Maldives’ Population and Housing Census carried out by the National Bureau of Statistics in 2014, at primary level (from 6 to 12 years of age), the net school attendance rate was 88 per cent; at the lower secondary level (from 13 to 15 years of age), the net attendance rate was 76 per cent, while at the higher secondary level (from 16 to 18 years of age), the net attendance rate was only 47 per cent. The data from UNESCO Institute for Statistics shows that, in 2016, the net enrolment ratio for primary level rose to 94.80 per cent, with 95.95 per cent for girls and 93.70 per cent for boys. However, the net enrolment ratio for lower secondary level decreased to 68.86 per cent, with 70.41 per cent for boys and only 67.24 per cent for girls. In this regard, the Committee reminds the Government that if compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which, regrettably, opens the door for the economic exploitation of children (see General Survey of 2012 on fundamental Conventions, paragraph 371). Considering that compulsory education is one of the most effective means of combating child labour, the Committee requests that the Government take the necessary measures to ensure that the draft Education Bill is adopted in the near future and provides for compulsory education up to the minimum age for admission to employment or work of 16 years.

Article 3(1) and (2). Minimum age for admission to and determination of hazardous work. The Committee notes that, according to section 7(a) of the Employment Act, no minors (persons under 18 years of age) shall be employed in any work or employment that may have a detrimental effect on their health, education, safety or conduct. However, the Government indicates that specific types of hazardous work have not been identified pursuant to Article 3 of the Convention. It further states that the clauses of the Employment Act are interpreted as having a broad meaning in practice to include physically exerting work such as construction, loading and unloading, which would affect children’s health and safety, and desk jobs such as movie/media classification, where children would have access to materials which may have a negative effect on their morals. However, the Committee notes the Government’s statement in its report to the CRC of 2015 that some provisions of the Employment Act regarding the employment of minors, such as section 7(a), are not always respected in practice (CRC/C/MDV/4-5, paragraph 231). The Committee therefore requests that the Government take the necessary measures to ensure the adoption of a list of types of hazardous work, as required by Article 3(2) of the Convention. It also requests that the Government provide information on any measures undertaken and progress made in this regard.

Article 6. Vocational training and apprenticeship. The Committee notes that, pursuant to section 6 of the Employment Act, minors under 16 years of age may be employed in connection with training associated with their education or development. However, there is no minimum age provided in this regard. The Committee therefore requests that the Government set a minimum age for admission to apprenticeship to ensure that no child under 14 years of age undertakes an apprenticeship.

Article 7(1) and (3). Minimum age for admission to light work and determination of light work. The Committee notes the Government’s indication that there are no provisions regarding light work under the national legislation. The Committee therefore encourages the Government to regulate light work to ensure that only children from the age of 13 years may engage in economic activities. It also requests that the Government take the necessary measures to determine what light work activities are permitted to be done by children of 13–16 years and to prescribe the number of hours and conditions of such work.

Article 8(1) and (3). Artistic performances. The Committee notes the Government’s information that there is no system under the national legislation which allows exceptions to the prohibition of employment or work for such purpose as participation in artistic performances. The Committee therefore requests that the Government indicate whether in practice children under 16 years of age participate in artistic performances. If so, it also requests that the Government provide information on measures taken or envisaged for the granting of permits, as well as the conditions under which permits are granted, for children willing to participate in artistic performances.

Article 9. Penalties and labour inspection. The Committee notes that section 12 of the Employment Act provides that any person contravening a provision of Chapter 3 regarding the employment of minors shall be fined a sum of not less than 1,000 Maldives (Maldive Islands) Rufiyaa (MVR) and not more than MVR5,000. The Committee also notes the Government’s information that the Minister of Economic Development, currently entrusted with the labour mandate, is responsible for ensuring compliance with the provisions giving effect to the Convention. Moreover, the Labour Relations Authority monitors child labour through inspections and investigations based on claims lodged at the Authority. The Government states that there has not been any reported or identified case in this regard, therefore no penalty of this nature has been levied so far. However, the Committee notes that the CRC, in its concluding observations of 14 March 2016, expresses its concern at the poor enforcement of the Employment Act, as the Authority is understaffed and under-resourced, inspections are inadequate and no specific training on recognizing and addressing child labour has been provided to inspectors (CRC/C/MDV/CO/4-5, paragraph 66). The Committee therefore requests that the Government take the necessary measures to strengthen the capacity of the Labour Relations Authority to effectively monitor the legislation regarding child labour, including through the allocation of additional resources, provision of specific training and reinforcement of proactive inspection visits. The Committee also requests that the Government continue providing information on the application in practice of the relevant provisions in this regard, including the number of violations and the specific penalties imposed.

Minimum Age Convention, 1973 (No. 138) - Maldives (Ratification: 2013)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)