DISCUSSION ON MIGRATION CASE STUDY OF MALDIVES Presented by

1. DISCUSSION ON MIGRATION CASE STUDY OF MALDIVES Presented by Dr. Aly Shameem, Human Rights Commissioner of Maldives at the International Conference on “Mainstreaming Migration to the Development Agenda: South Asian Experience” Colombo, 13-14 June 2013

2. The relatively prosperous and fastest growing economy (6% GDP growth over the past decade and GDP per capita at US $ 4770 in 2010) of South Asia, the Maldives faces a national crisis today due to long neglected migration issues. • It is known to be the one of the poorest performers in addressing and curbing migration issues in the region as both institutional and legislative frameworks are under-developed to match with rising trends of migration issues.

3. As a matter of fact, migration has not been an issue mentioned in the strategic development plan of the country, neither it has attracted attention of the national development agenda. • In my presentation I wish to discuss the state of migration issues in the Maldives and thereby highlight the challenges faced and action required towards integrating migration into national development agenda.

4. The Maldives has a promising migration potential with its population having 98% literacy rate and 74 years of life expectancy, the highest in the South Asia region. • It has also progressively developing tourism and construction industries for which labor shortage exists and in-bound migration opportunities spawns. • Unlike other South Asian countries, the Maldives migration issues stem from not out-bound migration but in-bound migration as an attractive destination with steadily growing economy. • Although for generations, Maldives had skillful seafarers who have worked as seaman in regional and European shipping lines, there are no statistics or data recorded up until today for understanding its potential for revenue and transfer of skills and knowledge. • There is no state authority mandated to manage and promote out-bound migration in search of jobs and skills overseas, neither a body to protect and promote welfare of in-bond migration.

5. Internal migration like in many of the south Asian countries does exist in the Maldives as rural islanders often migrate to the urban capital, Male’ in search of higher education and better employment. • However’ no statistics are recorded on these movements as Maldivians are free to travel on their will within the country without any registration or sought of permission.

6. Beside, no issues of concern has been raised about the fate of out-bound Maldivian migrants other than occasionally media reporting of sporadic cases of persons in distress or imprisonment. • In my discuss therefore, I would like to confine to problematic area of migration, which stems from expatriate workers or in-bound migration. • In 2013 it was estimated that one in every three persons in the Maldives is a migrant worker and expatriates form 50% of the work force.

7. According to Department of Immigration and Emigration of Maldives, in 2012, about 100,000 expatriate workers were in the country with regularized work visa while an estimated 50,000 migrants remained with expired visa or as undocumented workers. • With high tourism arrivals (more than 1 million in 2012) the Maldives operates a universal visa-free travel regime which makes Maldives a favorite transit route for traveller of concern or prone to visa abuse. • There were media reports about organized unlawful recruitment of migrant workers by foreign agents in collaboration with local associates. • Therefore, recently the Maldives has been suspected of a being a transnational crime and people smuggling point. In fact, the US has placed the Maldives on the “Tier 2 Watch list category”, in its 2011 Report of Trafficking in Persons.

8. Since 2011, the government has taken seriously the issues of migrant workers in the country, especially undocumented workers who were observed, to be trafficked and vulnerable to exploitation.

9. INSTITUTIONAL FRAMEWORK • Regulatory or institutional framework for migration is unstructured in the Maldives and lack coordination. • Until 2011, administration of migrant workers were managed by Ministry of Human Resources Youth and Sports, including issuance of work permits. • Department of Immigration and Emigration administered issuance of work visa and managed border control. • Labor Relation Authority of Ministry of Human Resource investigates labor related complaints.

10. Human Rights Commission of Maldives receives and investigates complaints related to migrant workers such as discrimination, denial of rights and harassment or abuse. • in 2012, a new Ministry established under the name of Ministry of Gender, Family and Human Rights took over the mandate of promotion of welfare of migrant workers. • Lately, Immigration Department, and Ministry of Foreign Affairs have made some efforts to raise public awareness about human trafficking by organizing awareness campaigns. • Immigration has produced video footages profiling stories of abused migrant workers and screened at public gatherings and TV channels.

11. Ministry of Foreign Affairs in February this year launched a public awareness campaign against human trafficking known as “Blue Ribbon Campaign” in collaboration with media. • Human Rights Commission of Maldives actively advocates protection of rights of migrant workers and have produced literature and posters in languages of migrant workers in educating them as to their rights in the Maldives. • HRCM has also an in-house Working Group known as Migrant Workers Thematic Group which works actively in lobbying state authorities in ensuring their rights and educating migrant workers as to their legitimate rights.

12. International Organization for Migration and Migration Forum Asia collaborate with state authorities in Maldives to build capacity in addressing issues of migration and to sensitize policy makers on the grave implications resulting from mismanagement of migration. • Again, Department of Immigration and Emigration keep redoubling their efforts to combat illegal migrants and to effectively manage border control. Currently they are using temporary border control high-tech system and the US has agreed to donate soon a comprehensive border control system for the Maldives. • As mentioned before, again I would like to highlight that there is no dedicated state body to promote out-bound migration as a prospective source of generation of employment and revenue. Similarly, neither an institution exist for skill development and improving work condition of in-bound migrant workers.

13. LEGISLATIVE FRAMEWORK • The new democratic constitution enacted in 2008 guarantees the protection of fundamental rights for all living and working in the Maldives. • However, there is no law that describes and regulate affairs of migrant workers effectively. • The only existing law that covers some regulatory aspects of migrant workers is the Immigration Act of 2007. • Nevertheless, this Act has a number of deficiencies and gaps and need to be revised to effectively manage migrant workers and to halt fraud and abuse in recruitment and regularizing of visa process.

14. The Maldives is not a signatory to the UN International Convention on Protection of the Rights of all Migrant Workers and Members of their Families, even though HRCM and UN Human Rights Committee have strong recommended to do so. • Also, the Maldives is not known to take part in the regional consultative processes that aim to promote cooperation on migration issues such as Colombo Process, and South Asian Migration Commission. • Nevertheless, I am happy to note that in January this year, the Maldives have ratified 8 co-conventions of ILO and is currently in the process of drafting a national labor policy and putting in place domestic legal mechanisms to implement these conventions.

15. I am also happy to acknowledge that the new Human Rights Ministry has submitted a Bill to the People’s Majlis or Parliament early this year, aimed at criminalizing human trafficking and halting exploitation of migrant workers. • It is hoped that this Bill will be adopted soon and thereby enable to ease the current crisis of undocumented workers and victimization of innocent migrants.

16. CHALLENGES • The situation of migration in the Maldives has reached to a state of national crisis as mentioned in the beginning of my discussion. Frequent incidences of abuse and victimization of innocent migrants surfaces almost everyday. A large number of migrant workers still remain are undocumented. • There were reports in the media recently which stated that the current situation of migrant workers tends to pose threats to national security too. • The main challenge though recognized by a workshop held in December 2012 in the Maldives, was lack of information on the part of migrant workers and lack of public awareness on the issue. • Lack of effective legislative framework to curb the situation and difficulty to facilitate collaboration between sending or source countries was another bottleneck in the process.

17. Institutional constraint that bars effectively addressing the migration issues can be attributed to lack of centralized Ministry or authority to coordinate and manage the migration. • To compound this problem is the lack of state capacity in terms of expertise and technical knowledge to devise remedial measures. • The advanced nature of organized syndicates in the region and readily available supply of unskilled labor who are mostly illiterate too make the situation a formidable task to control.

18. WAY FORWARD • Immediate enactment of comprehensive act to curb the worsening situation of in-bound migrant worker is urgently required in the Maldives. • A state authority more dedicated to regulating, protecting and promotion of migrant workers and recording and disseminating statistics is needed too for the Maldives. • Public awareness raising and education of current migrant workers is equally vital to ease the rising trend of victimization of innocent migrant workers.

19. To build state capacity and to forge closer collaboration with source countries, the Maldives need to take part in the regional consultative processes as mentioned before. • It must be recommended that civil society organizations and trade unions must be incentivized and empowered to include in-bound migrant workers in their bargaining and advocacy processes. • To become more responsible and to be responsive to international calls on Maldives to curb worsening migration situation in the country, it is imperative for the Maldives to expedite ratification of the migrant workers convention.

20. More importantly, the migration issues need to be integrated into national development agenda and incorporated in the forthcoming Strategic Development Plan. • HRCM and civil society organizations within the country also need to intensify their lobby with the help of resourceful and supportive international bodies like IOM and Migrant Forum in Asia.

21. Thank you all for your kind attention