Maldives

25. No slavery or forced labour
(a) No one shall be held in slavery or servitude, or be required to perform forced labour.
(b) Compulsory military service, service required in cases of emergency or calamity threatening the life or well-being of the community, or service required pursuant to a court order shall not be deemed to be contrary to article (a).
35.Special protection to children, young, elderly and disadvantaged people
(a) Children and young people are entitled to special protection and special assistance from the family, the community and the State. Children and young people shall not be harmed, sexually abused, or discriminated against in any manner and shall be free from unsuited social and economic exploitation. No person shall obtain undue benefit from their labour.
Right to work 37.
(a) Every citizen has the right to engage in any employment or occupation.
(b) Everyone is entitled to just and safe conditions of work, fair wages, equal remuneration for work of equal value, and equal opportunity for promotion.
(c) Everyone has the right to rest and leisure, including limits on hours of work and periodic holidays with pay.
(d) everyone has the right to spend time at rest and leisure. In order to provide this right to each employed person, the maximum number of working hours have to be determined as well as the length of paid holidays.
41. Freedom of movement and establishment
(a) Every citizen has the freedom to enter, remain in and leave the Maldives, and to travel within the Maldives.
(b) Every citizen has the right to move to, and take up residence on, any inhabited island of the Maldives.
(c) Every citizen shall have equal access to the receipt of rights and benefits from any island where he has established residency.

CONSTITUTION OF THE REPUBLIC OF MALDIVES 2008 (PDF)

Section 140. Unlawful Restraint
(a) Offense Defined. A person commits an offense if he without consent restrains another for a substantial period of time.
(b) Definitions.
(1) “Restrain” means to confine another or to otherwise restrict another’s freedom of movement.
(2) “Freedom of movement” means the opportunity to travel from one place to another that an ordinary person normally enjoys.
(c) Grading.
(1) The offense is a Class 3 felony if the defendant restrains the person for the purpose of placing that person in involuntary servitude.
(2) The offense is a Class 4 felony if the person knowingly restrains another person for more than 1 day.
(3) Otherwise the offense is a Class 1 misdemeanor.
(4) Mitigation for Parents and Guardians. The offense is a Class 1 misdemeanor if the person reasonably believes that: (A) he is a parent or legal guardian of the person restrained, and (B) the person restrained is not capable of consent.
Section 141. Criminal Coercion
(a) Offense Defined. A person commits an offense if, with the purpose of unlawfully restricting another person’s freedom of action to that person’s detriment, he threatens to:
(1) commit any criminal offense; or
(2) accuse anyone of a criminal offense; or
(3) expose any secret tending to subject any person to hatred, contempt, or ridicule, or to impair his credit or business reputation; or
(4) take or withhold action as a public official, or cause a public official to take or withhold action.
(b) Exception. A person does not commit an offense under Subsection (a)(2), (a)(3), or (a)(4) if:
(1) he believes:
(A) the accusation or secret to be true, or
(B) the proposed official action justified in its nature, and
(2) his purpose is limited to compelling the other person to behave in a way reasonably related to the circumstances that are the subject of the accusation, exposure, or proposed official action.
(c) Grading.
(1) Felonious Coercion. The offense is a Class 5 felony if:
(A) the performance of conduct that the person purposes to compel would constitute a felony, if performed, or
(B) the person threatens harm which would be a felony if performed.
(2) Criminal Coercion. Otherwise the offense is a Class 1 misdemeanor.
Section 620. Prostitution
(a) Offense Defined. A person commits an offense if he performs an act of sexual intercourse or sexual contact with a person not his spouse in exchange for anything of value.
(b) Grading. The offense is a Class 1 misdemeanor.
Section 621. Promoting or Supporting Prostitution
(a) Offense Defined. A person commits an offense if, to obtain anything of value, he:
(1) compels a person to engage in an act or acts of prostitution; or
(2) encourages, arranges, or otherwise facilitates an act or acts of prostitution; or
(3) allows the use of a place, over which he exercises control, for an act or acts of prostitution.
(b) Grading.
(1) Promoting Child Prostitution. The offense is a Class 3 felony if the prostitution being promoted or supported is that of a minor.
(2) Promoting Prostitution. Otherwise the offense is a Class 4 felony.
Section 624 – Sale of Human Body Parts
(a) Offense Defined. A person commits an offense if he knowingly buys or sells a part of a human body.
(b) Exceptions. A person does not commit the offense if he gives or receives compensation for a human body part that is only:
(1) reimbursement of actual expenses incurred in donating a body part or fluid for medical or scientific use; or
(2) a payment provided under a plan of insurance or other health care coverage; or
(3) reimbursement of reasonable costs associated with the removal, storage, or transportation of a human body part or fluid for scientific purposes; or
(4) purchase or sale of drugs, reagents, or other substances made from human body parts, for use in medical or scientific research, treatment, or diagnosis.
(c) Grading. The offense is a Class 1 misdemeanor.

PENAL CODE (LAW NO 6/2014) (PDF)

3 – Prohibition of forced employment
a) No person shall be compelled or forced into employment.
b) “Forced employment” shall mean any services or labour obtained from a person under threat of punishment, undue influence or intimidation, and does not include services or labour performed of his own volition by any person. The following are exempted from such definition:‐
i. labour carried out by, or services obtained from a person under the control and supervision of the relevant State authority in pursuance of a court judgement; or
ii. labour or services obtained to the extent deemed reasonable in instances of emergencies which may pose risk to the life or well being of the entire populace or a section of the population.
5 – Contravention of basic principles
a) Any person whose rights conferred pursuant to the basic principles specified in this Chapter have been affected, may submit such matter to the Tribunal specified in Section 10.
b) Complaints submitted to the Tribunal in connection with a right conferred pursuant to the basic principles specified in this Chapter shall be dealt with expeditiously by the Tribunal. The complainant and the respondent shall both be afforded ample opportunity to make submissions and respond to arguments.
c) Where the Tribunal deems that a complaint submitted to it is based on legitimate and valid grounds, it has the power to issue orders mandating compliance with the basic principles specified in this Chapter, including:‐
i. an order to perform or cease performance of an act;
ii. an order to reinstate a dismissed employee;
iii. an order to restore a benefit or advantage that has been denied to a person; or
iv. an order providing for compensation.
6 – Minimum age
Minors under the age of sixteen years shall not be employed except in connection with training associated with their education or deportment. Minors under the age of sixteen years who participate in the family’s line of work of their own will shall be exempted from this principle.
7 – Prohibition of employment of minors
a) No minor shall be employed in any work or employment or in conditions of work or employment that may have a detrimental effect on his health, education, safety or conduct.
b) All age limits stipulated in this Chapter shall be computed according to the Gregorian calendar. A child shall be deemed to be under eighteen years of age as provided for in Law No 9/91 (The Law on the Protection of the Rights of the Child)
12 – Penalty
Any person contravening a provision of this Chapter shall be fined a sum not less than Mrf 1,000 and not more than Mrf 5,000.
62 – Minimum wage
(a) Any employer who pays an employee less than the minimum wage commits an offence. The employer shall be fined Mrf 1,000 the first time such offence is committed and shall be fined a sum that is not less than Mrf 1,000 and is not more than Mrf 3,000 the second time such offence is committed.
(b) The Tribunal shall order any employer who pays less than the minimum wage to an employee to make up the shortfall.
(c) Where the employer has paid an employee less than the minimum wage and the employee has consequently filed a complaint, the onus of proving that a minimum wage order issued by the Minister has not been contravened shall be on the employer.

EMPLOYMENT ACT (PDF)

Chapter II– Definitions

The definitions prescribed in this law are laid down under this chapter, in order to safeguard the fundamental principles of this definitions law, and to achieve the objectives of this law to the fullest extent possible. Every provision of this law shall be read, in a manner such that does not limit the definitions thereof

“Human trafficking” means, conduct that constitutes an act of 6, human trafficking prescribed under section 12 of this law, or conduct that constitutes an act of human trafficking and exploitation prescribed under section 13 of this law

“Exploitative conduct” means, the situation where a person commits one of the following acts, against another person:

• Where the person against whom such act is committed has been subject to unlawful coercive means; or
• To compel a person to provide a service or labour; and such service or labour is obtained from the person after being subjected to a condition; and because of the unlawful coercive means utilised such person is not free to change the person’s status or condition; or
• To compel a person to enter an agreement which creates a legal obligation, or compel a person to marry an identified person; and such person is compelled to enter the agreement, or compelled to marry upon imposition of a predetermined condition, and because of the use of unlawful coercive means utilised such person is not free to change the agreement or status of the person’s marriage or such condition; or
• To compel a person to undergo an unnecessary medical procedure or medical test, and where such person is not permitted to refuse to undergo such procedure or test; or
• Where an identification document of a person or travel document is withheld or is destroyed by the person committing the act; or
• To pledge a person or that of a person under such person’s control to provide a service or labour and such agreement is entered into by the person in return of a debt or suspected debt, and it is apparent that the debt is manifestly excessive or the remuneration for service or labour in order to settle the debt is undetermined, or the service or labour is such that, its nature is undetermined or the duration or limit of such service and labour is undetermined;
• Where a person is forced into prostitution or forced to remove an organ of the person

12- Human Trafficking

• A person who commits one of the following acts, shall be presumed to be a human trafficker.
• Through unlawful coercive means, transport a person from one country to another or intentionally conspire to transfer or intentionally facilitate such an act; and to use such unlawful coercive means and while it operates, transport the person to another country or transfer or harbour or receipt of such person;
• Through unlawful coercive means, within the territories of Maldives, transport a person from one place to another or intentionally conspire to transfer, or intentionally facilitate such an act; and to use such unlawful coercive means and while it operates, transport the person to a place or transfer or harbor or receipt of such person;
• For purposes of subsection (a) (1) of this section, within the meaning of transporting a person from one country to another or transfer shall include, immigration to and emigration from Maldives of the person
• Even if the person against whom an act specified under subsection (a) of this section consents to the transport from one country to another country or transfer or harbor or receipt, the person who commits such act shall be deemed to have committed the offence of trafficking under this section

13- Human trafficking and exploitation

(a) A person who commits one of the following acts, shall be presumed to be a human trafficker

• Intentionally conspire to transport from one country to another or transfer or harbor or receipt of a person or intentionally facilitate such an act; and is negligent about whether the person may be involved in one of the following situations during such transport to another country or transfer or after transport or transfer,

(i) To compel a person to work or provide a service; and the person is required to work or provide the service after being subjected to a condition; and because of the unlawful coercive means utilised such person is not free to change the person’s status or the condition;

(ii) To compel a person to enter an agreement which creates a legal obligation, or compel a person to marry an identified person; and such person is compelled to enter the agreement, or compelled to marry upon imposition of a predetermined condition, and because of the use of unlawful coercive means utilised such person is not free to change the agreement or status of the person’s marriage or such condition; or

(iii) To compel a person to undergo an unnecessary medical procedure or medical test, and such person does not consent to undergo such procedure or test; or

• Within the territories of Maldives, intentionally conspire to transport from one place to another or transfer or intentionally facilitate such an act; and is negligent about whether the person may be involved in one of the situations specified in sub clauses (i) through (iii) of subsection (a) (1) of this section during such transport from one place to another or transfer or after transport or transfer
• Intentionally conspire to transport from one country to (3) another or transfer or harbor or receipt of a person or intentionally facilitate such an act; and is aware of the possibility that the person may be involved in an act of exploitation during such transport to another country or transfer or after transport or transfer and uses deceptive means;
• Intentionally conspire to transport from one place to another within the territories of Maldives or transfer or intentionally facilitate such an act; and is aware of the possibility that the person may be involved in an act of exploitation during such transport to another place or transfer or after transport or transfer and uses deceptive means;

(b) For purposes of subsection (a) (1) and (3) of this section, within the meaning of transporting a person from one country to another or transfer shall include, immigration to and emigration from Maldives of the person

(c) Even if the person against whom an act specified under subsection (a) of this section consents to the transport from one country to another country or transfer, the person who commits such act shall be deemed to have committed the offence of trafficking under this section

14. Acts of trafficking committed against a child

If an act prescribed under sections 12 or 13 of this law is committed against a child, and if the person was negligent in recongnising that it is a child, and such person did so, while being negligent about whether a person will engage in exploitative conduct in relation to the child, or while being negligent of what a person may compel the child to involved in one of the following acts, such person shall be presumed to be a trafficker of children

1. The child will be required to labour or provide a service that is a risk to the health and safety of the child; or
2. The child will be required to labour or provide a service that is unlawful; or
3. The child is required to labour or provide a service that the child is prohibited from providing because of the age of the child

16. Debt Bondage

Engaging in an act constituting the following situations shall be deemed to be an act of debt bondage

1. To pledge a person or a person under another person’s control to provide a service or labour or is negligent of an intentional act committed against the person the consequences of which is the person to enter such an agreement; and
2. Such agreement is entered into by the person in consideration of a debt or suspected debt that must be paid by the person or in consideration of a debt or suspected debt that must be paid by the person after such agreement is entered into by the person
3. It is apparent that the debt is manifestly excessive in relation to the labour or services required;
4. The remuneration for the service or labour in order to settle the debt is undetermined; or
5. The debt amount to be paid is undetermined; or
6. The service or labour is such that, its nature is undetermined or the duration or limits of such service and labour is undetermined;

Offence and Punishment

17- Offence of human trafficking

• Human Trafficking is an offence
• For purposes of subsection (a) of this section trafficking shall be, inclusive of acts that may be considered an act of trafficking prescribed in this law. Amongst it shall include acts within the ambit of section 12 and section 13 and section 14
• Whoever commits an offence under subsection (a) of this section shall be punished, with imprisonment for 10 (ten) years

18- Offence of trafficking of children

• Trafficking of children is an offence
• Whoever commits an offence under subsection (a) of this section shall be punished, with imprisonment for 15 (fifteen) years

21- Aggravated punishment based on circumstances under which offence is committed

• Whilst committing an offence under section 17 of this law, if one of the following situations exists, whoever commits such offence shall be punished, with imprisonment for 15 (fifteen) years.
• The offence results in death of the victim of trafficking or another person or causes grievous bodily harm to the victim of trafficking or another person;
• In committing the act the trafficker acts with disregard displaying great cruelty or with absolute disregard for human dignity of the victim of trafficking or any other person;
• Victim of trafficking is, a person who needs special care;
• A weapon is used in committing the offence;
• As a result of the offence the victim of trafficking is exposed to a life threatening disease;
• Victim of trafficking is a person with mental or physical disability;
• The victim of trafficking is a child;
• More than one person is trafficked;
• The offence is committed, by a criminal organisation;
• In committing the act of trafficking the victim of trafficking was given an intoxicant or any other drug;
• A child was made to aid the commission of the offence;
• The offender is a person who has a prior conviction for an offence similar in nature;
• The offender is an employee of civil service or an employee of a law enforcement agency;
• The offender is, spouse of the victim of trafficking;
• Whilst the victim of trafficking is transported from one country to another or after transported, or whilst transferred from one place to another or after transferred commits the act with knowledge that an act of exploitation will be committed against such person by another;
• The offender is, a person who holds a position of trust of the victim of trafficking.

23- Offence of gaining material benefit from trafficking

• By committing an act of trafficking or gaining any material benefit by engaging in such conduct, or intending to gain material benefit from such conduct, shall be an offence
• Whoever commits an offence under subsection (a) of this section shall be punished, with imprisonment for 7 (seven) years.

24- Offence of deception about circumstances of labour or service

• In order to transport a person from one country to another or 24. transfer or harbor or intentionally conspire to receive, or intentionally facilitate such an act; and if there is an arrangement for such person to provide labour or service in that country the person is transported to, and intentionally makes any representations regarding the following situations to the person transported to that country or a representative of such person or intentionally provides information to a state employee, and such person commits the act with knowledge that a great percentage of the information is untrue, such person commits an offence.
• About the type or nature of labour or services arranged to be provided by the person taken to that country; or
• About conditions on which labour or services arranged to be provided by the person taken to that country; or
• About wages or remuneration for labour or services arranged to be provided by the person taken to that country; or
• About the status and condition of the designated living accommodation of the person in the country while providing labour or services; or
• About the period for which labour or services are arranged to be provided by the person taken to that country; or
• About conditions related to the conduct to which the person will be expected to adhere during the person’s free time; or
• About the ways in which providing labour or services may be terminated when desired; or
• As to whether a provision from among the provisions stated from number (1) through number (7) of this clause may be altered by the person or if they may be altered, the extent to which it may be altered
• Whoever commits an offence under subsection (a) of this section shall be punished, with imprisonment for 7 (seven) years

25- Offence of debt bondage

• A person who commits an act of debt bondage commits an offence.
• Whoever commits an offence under subsection (a) of this section shall be punished, with imprisonment for 7 (seven) years.

26- Offences committed by transporters of persons and goods

• The owner of a vessel or a master or an agent or a party that charters or operates the vessel or a person or party that engages in transportation of goods or people for commercial benefit, or an agent of such party intentionally, brings a person to Maldives, or attempts to bring or causes to be brought, and such person does so while the following situations exist, the person who commits such an act commits an offence.
• It is with knowledge that the person brought to Maldives is not a Maldivian citizen, and with knowledge that the person does not possess an identification document or a travel document or a work permit required to enter and remain in Maldives or leave Maldives; and
• The person brought to Maldives may be or has been illegally coerced by a person or may have been or has been subjected to exploitation or is negligent about that; and
• Fails to notify Maldives Police Service of the presence of such person on the vessel or in Maldives
• Although provided in subsection (a) of this section, documents in possession of a person transported to the Maldives are, official documents required to enter Maldives, if it is believed by a person or party specified under subsection (a) of this section based on sufficient evidence, or if the person was in possession of such documents at the last port of embarkation to travel to Maldives, or if the reason for such persons entry into Maldives was for reasons beyond control of the person or party specified under subsection (a) of this section, or if the person was transported to the Maldives, after being rescued while at sea, in such a situation a person specified under subsection (a) of this section shall not have committed an offence
• Whoever commits an offence under subsection (a) of this section shall be punished, with imprisonment for 7 (seven) years

27- Offence of benefitting from forced labour

• If any person benefits from the labour or services provided by a person victimised as a result of an act of trafficking or a person against whom an act of trafficking is being committed, or if a person obtains any benefit from the labour of a victim of trafficking in such a situation or any service provided or receives it, such person commits an offence.
• Whoever commits an offence under subsection (a) of this section shall be punished, with imprisonment for 1 (one) year

If the victim of trafficking of an offence under subsection (a) of this section is a child, whoever commits the offence under subsection (a) of this section shall be punished, with imprisonment for 5 (five) year.

ANTI-TRAFFICKING LAW (PDF)

Note: 18 years of age as the minimum age of Marriage with under 18 marriages being allowed as an exception at the discretion of the registrar, based on the present physical development, financial capability and other factors.