Maldives Detention Profile

Located in the Indian Ocean, the Republic of Maldives is an archipelago that includes some 200 inhabited islands. The country has a population of nearly 400,000, more than a quarter of whom live in the capital Malé. The country held its first-ever democratic presidential election in 2008.

According to government authorities, as of 2009 Maldives was home to an estimated 80,000 legal foreign workers and more than 20,000 undocumented workers (Maldives Chronicle 2009). Most of the foreign-born population is comprised of Indians and Bangladeshis (Maldives Chronicle 2008).

The increasing number of foreign-born workers in the country has spurred a government crackdown in recent years. In January 2009, for example, the government issued a deadline for “illegal expatriates” to leave the country within two months or be prosecuted (Maldives Chronicle 2009).

In October 2007, the Department of Immigration and Emigration (DIE) proposed constructing a dedicated migrant detention centre “for the foreigners who violate their stay permit in Maldives especially expatriates. There is a concern for the increasing number of foreign workers who are working illegally in Maldives (DIE 2007).

As of March 2009, Maldives had one dedicated migrant detention facility, located in the capital. The centre, which is operated by the DIE’s Expatriate Monitoring Centre, has a reported capacity of 50 (HRCM 2009). A 2009 report by the Human Rights Commission of Maldives claimed that many detainees are confined at the facility unconstitutionally because they are held for more than a month without court order (Daily Mirror 2009).

The 2007 Immigration Act stipulates rules for the detention and deportation of foreign nationals. According to Section 29 of the act, in cases where a foreign national does not qualify for an entry permit (as per Section 8 of the act), the Controller of Immigration and Emigration has “the power to detain the foreign national at a place where the Controller of Immigration and Emigration deems fit.” In addition, “The owner of the vessel in which the foreign national arrived, shall bear the expenses related to the foreign national’s detention and/or deportation as stipulated in this section.” Section 21 stipulates that in cases of foreign nationals whose permits have been revoked, “This Act does not prevent the Controller of Immigration and Emigration making arrangements for accommodation of a foreign national whom, pursuant to subsection (c), is unable to depart immediately from the Maldives, and is compelled to remain in the Maldives” (Immigration Act 2007).