Solicitud directa (CEACR) - Adopción: 2017, Publicación: 107ª reunión CIT (2018)

Convenio sobre la edad mínima, 1973 (núm. 138) - Maldivas (Ratificación : 2013)

Otros comentarios sobre C138

Observación

2023

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2023
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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.