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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Mauritius (RATIFICATION: 2002)

Other comments on C111

Observation

Direct Request

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Article 1 of the Convention. Legislative developments. The Committee notes the adoption of the Equal Opportunity Act, 2008, which has not yet been proclaimed. The Committee notes that according to the Government the Act aims at ensuring equality of opportunities to persons in the workplace in particular, and it prohibits direct and indirect discrimination on the grounds of person’s status, namely age, caste, colour, creed, ethnic origin, impairment, marital status, place of origin, political opinion, race, sex or sexual orientation (sections 2, 5 and 6 of the Act). The Committee notes, however, that the Act does not explicitly prohibit direct and indirect discrimination on all the grounds enumerated in Article 1(1)(a) of the Convention. Recalling the importance of including explicit reference to all the grounds enumerated in Article 1(1)(a) in legislation prohibiting discrimination (see paragraph 206 of the Special Survey on equality in employment and occupation, 1996), the Committee asks the Government to take the necessary steps to ensure that legislation explicitly includes the prohibition of discrimination in employment and occupation on at least all the grounds set out in Article 1(1)(a) of the Convention. Please provide information on any developments in this respect. The Committee also asks the Government to provide information on the application of section 4 of the Employment Rights Act, including any relevant judicial decisions concerning the application of subsections 2–4 of section 4 of the Act.

Scope of application. The Committee notes the Government’s indication that section 3 of the Employment Rights Act provides protection against discrimination in employment to public officers, workers of the local authorities and workers of parastatal bodies. With regard to migrant workers, the Committee notes the concerns raised by the United Nations Committee on Economic, Social and Cultural Rights regarding the difficulties faced by migrant workers in employment, and the “little legal protection” afforded to them (concluding observations, E/C.12/MUS/CO/4, 8 June 2010, paragraph 19). The Committee also notes that, pursuant to section 16(4) of the Constitution, the protection against discrimination provided by the Constitution does not apply to laws that make provisions with respect to non-nationals. The Committee asks the Government to indicate whether migrant workers are protected against discrimination in employment and occupation, based on all the grounds enumerated in the Convention and with respect to all stages of the employment process.

Sexual harassment. The Committee notes the provisions of the Employment Rights Act concerning violence at work which provides that “no person shall harass, sexually or otherwise, a worker, in the course of or as a result of his work” (section 54(1)(a)). The Committee further notes the Government’s indication that initiatives have been taken with a view to raising employers’ awareness about the Employment Rights Act’s provisions on harassment at the workplace and that anti-harassment policies have been introduced at enterprise level. The Government also indicates that the Sex Discrimination Division, along with the Ministry of Labour, Industrial Relations and Employment, is undertaking education programmes for workers on violence and harassment at the workplace. Despite the efforts made to prevent sexual harassment in the workplace, the Committee notes the low number of sexual harassment cases detected by the Inspection and Enforcement Section of the Ministry of Labour, Industrial Relations and Employment. The Committee also notes from the 2008 annual report of the National Human Rights Commission that many victims were afraid of lodging complaints to the Sex Discrimination Division because of the fear of losing their jobs. The Committee asks the Government to continue to take the necessary steps to prevent and address sexual harassment at the workplace including through awareness-raising activities for workers with respect to their rights. The Committee further requests the Government to take measures to ensure effective protection of workers seeking judicial or administrative remedies. Please provide information on any achievements in this regard.

Article 2. Equality of opportunity and treatment between men and women. With regard to occupational gender segregation, the Committee notes the Government’s indication that progress has been made on the representation of women in the public sector, particularly in the police force, public transport and at the political level. However, the Committee notes from the statistical data provided by the Government that the number of women in some occupations such as “legislators, senior officials and managers” (36.7 per cent) is still low compared to men (63.3 per cent) and that women continue to be concentrated in education (i.e. education officer, teacher and senior teacher) and clerical positions in the public sector. The Committee also refers the Government to its comments on the application of the Equal Remuneration Convention, 1951 (No. 100). Furthermore, the Committee notes from the results of the Continuous Multi-Purpose Household Survey (2010) that women continue to face difficulties in accessing the labour market compared to men: they represent only 37.4 per cent of the labour force, with an unemployment rate of 12.8 per cent (with the male unemployment rate at 4.4 per cent) and an activity rate of 44.3 per cent (76.9 per cent for men).

The Committee notes that a series of measures have been taken to develop strategies for empowering women in the labour market: (i) the National Gender Policy Framework (NGPF), which has been adopted in 2008; (ii) national programmes are to be developed under the National Empowerment Foundation to improve women’s skills and to encourage them to embark on non-traditional jobs (2009 budget speech, paragraph 270); (iii) the establishment of a gender unit within the Ministry of Women’s Rights, Child Development and Family Welfare to act as a policy-making and monitoring body for gender mainstreaming, and to undertake activities towards women’s empowerment (CEDAW/C/MAR/6-7, 1 June 2010, paragraph 2.25); and (iv) a project management unit (PMU) was set up to accompany groups of women to facilitate access to employment and to assist them in starting small businesses (CEDAW/C/MAR/6-7, 1 June 2010, paragraph 2.61). Finally, the Committee notes the concerns expressed by the United Nations Committee on Economic, Social and Cultural Rights in its concluding observations regarding the persistence of stereotypes in the division of responsibilities between women and men, and the fact that men are still considered to be the main source of income for the family while women are expected to be primarily responsible for household chores (E/C.12/MUS/CO/4, 8 June 2010, paragraph 15). The Committee asks the Government to provide information on the results achieved in the implementation of the measures taken to promote equality of opportunity and treatment in employment and occupation, especially with regard to the National Gender Policy Framework, the National Empowerment Foundation, the gender unit and the project management unit. Please provide updated statistical information disaggregated by sex on the distribution of men and women in the various industries and occupations in the public and private sectors.

Access to vocational training and education. The Committee notes the Government’s indication that sensitization campaigns have been carried out in training centres and secondary schools to promote women’s enrolment in various training courses and to foster their participation in a wider range of technical courses, including courses which have so far been dominated by men. The Committee further notes that women continue to be concentrated in technical courses such as garment making, hairdressing, arts and crafts. The Committee asks the Government to provide information on the measures taken or envisaged to eliminate any stereotypes on the roles of men and women in education, and to encourage girls and women to take up non-traditional subjects, including further information on the sensitization campaigns carried out in training centres and secondary schools. Please also continue to provide information on the measures taken to promote women’s enrolment in training courses and to foster their participation in a wider range of technical courses, including courses which have so far been dominated by men.

Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee recalls that ethnic occupational stereotypes persist in the Mauritanian labour market and particularly affect the members of the Malaise Creole community. In this regard, the Government indicates that, once the Equal Opportunity Act is adopted, no person will be placed at a disadvantage by reason of creed or ethnic origin, and will have the possibility to lodge a written complaint to the Equal Opportunities Division if their rights have been infringed. The Committee further notes that under the Equal Opportunity Act, every employer shall “drawn up and apply … an equal opportunity policy at his place of work with a view to minimizing the risk of an employee being discriminated against and to promote recruitment training, selection and employment on the basis of merit” (section 9(1)). The Committee asks the Government to provide information on the implementation of the Equal Opportunity Act with regard to all ethnic groups in Mauritius, once the Act is adopted. In the meantime, the Committee asks the Government to provide specific information on the employment situation of ethnic minorities in the country, including members of the Creole community, as well as information on the specific measures taken or envisaged to promote their access to employment and occupation. Please also provide information on any relevant administrative or judicial decisions regarding discrimination against ethnic minorities in employment, particularly with regard to section 4 of the Employment Rights Act.

Enforcement. While noting the information provided by the Government on the complaints received by the Human Rights Commission, the Committee also notes that no cases of discrimination have been brought before the courts. The Committee asks the Government to continue to provide information on the application of the Convention, including information on any activities taken or envisaged to raise awareness and understanding of judges, labour inspectors and other officials responsible for monitoring the application of the Convention.