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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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The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Legislative developments. The Committee takes note of the adoption of the Workers’ Rights Act, No. 20 of 2019 (WRA) that repealed the Employment Rights Act, 2008 (ERiA).

Article 1(1) of the Convention. Prohibited grounds of discrimination. Legislation. In its last comment, the Committee noted that the Equal Opportunity Act, 2008 (EOA) did not explicitly prohibit discrimination on the basis of “national extraction” and “social origin” while these grounds were prohibited under the ERiA, and requested that the Government harmonize the prohibited grounds of discrimination in the legislation. The Committee notes that the Government does not provide information in this regard in its report and observes that section 5(a) of the newly adopted WRA prohibits discrimination on the basis of national extraction and social origin. The Committee requests the Government to consider amending the Equal Opportunity Act, 2008 in order to ensure coherence on the prohibited grounds of discrimination in the legislation on non-discrimination and equality.

Scope of protection against discrimination. The Committee previously noted that pursuant to section 13(5)(c) and (e) of the EOA, two categories of workers were excluded from the protection of discrimination in respect to access to employment, namely domestic workers and workers in enterprises with less than ten employees on a full-time basis. In its report, the Government indicates that all workers, including from these two categories, may file complaints with the Inspection and Enforcement Section (IES) of the Ministry of Labour, Industrial Relations, Employment and Training (MLIRET). The Committee notes however, that domestic workers and workers in enterprises with less than ten employees on a full-time basis do not enjoy the benefit of the provisions of the EOA in relation with access to employment and therefore are prevented from the possibility to file complaints in this regard with the Equal Opportunity Commission (EOC). The Committee requests the Government to consider extending the protection of the Equal Opportunity Act on access to employment to domestic workers and workers in enterprises with less than ten employees on a full-time basis.

Discrimination based on sex. Sexual harassment. In its previous comments, the Committee had requested the Government to provide information on the application of the legislation against sexual harassment in practice. Attached to its report, the Government provides statistical information showing that: (1) in 2017, out of the 186 complaints filed with the EOC only one concerned sexual harassment; and (2) in 2018, only seven complaints of sexual harassment were filed with the IES of the MLIRET out of a total of 19,476 complaints. The Committee also notes that the Government indicates that regular inspection visits are carried out as preventive measures and that the EOC and the MLIRET conduct awareness-raising campaigns, and that an important case of sexual harassment is scheduled for trial in November 2020. While taking note of this information, the Committee recalls that the low level of complaints regarding sexual harassment is likely to reflect the lack of awareness, understanding and recognition of this form of sex discrimination, as well as the lack of access to, or the inadequacy of, complaints mechanisms and means of redress, or fear of reprisals (see General Survey on the fundamental Conventions, 2012, paragraph 790). The Committee asks the Government to provide information on the measures taken to raise awareness on this specific form of sex discrimination and ensure that workers are provided with effective protection when seeking redress for both quid pro quo and hostile environment sexual harassment. In particular, the Committee asks for information on the awareness-raising activities of the EOC and the labour inspectorate that specifically address sexual harassment, and on the number of cases of sexual harassment detected by the labour inspectorate or brought to its attention, or referred to the EOC or the courts, and the outcome given to these cases.

Discrimination on the basis of political opinion. The Committee previously noted that discrimination on the basis of political opinion was the most frequent ground of discrimination alleged before the EOC and requested the Government to adopt measures to prevent and eliminate discriminatory practices based on political opinion. The Committee notes that the Government does not provide information on the activities conducted to address specifically this ground of discrimination. It observes that in its report of activities for the period 2016–2019, the EOC indicates that complaints on the basis of political opinion represented 9 per cent of the complaints received. The Committee once again asks the Government to provide detailed information on the measures adopted to prevent and eliminate discrimination on the basis of political opinion, including specific information on awareness raising activities and information on the number of such cases detected by the labour inspectorate or brought to its attention, or referred to the EOC or the courts, as well as on the outcome of these cases.

Article 2. Equality of opportunity and treatment between men and women. Access to education and employment. In its previous comment, the Committee requested the Government to provide information on the measures adopted to increase the participation of girls and women in a wider range of educational and vocational training courses. The Committee notes that the Government provides detailed information on the activities of the Mauritius Institute of Training and Development (MITD) to improve access to training courses in general. The Committee also takes note of the information provided on a series of women empowerment programmes organized by the Ministry of Gender Equality, Child Development and Family Welfare (MGECDFW), namely the “Goal programme” and the “3E’s project: Empowerment through Education and Entertainment”. The Committee also notes that the MGECDFW will be implementing the “Leadership, Empowerment, Advocacy and Development Project” (LEAD) to bridge gender gaps in boardrooms. The Committee further notes the detailed information provided on the activities of the Employment Division of the MLIRET for the implementation of three training programmes: the “Youth Employment Programme”, the “Back to Work Programme” and the “Dual Training Programme”. The Committee welcomes these different initiatives. It notes, however, that the information provided relates to programmes aiming at increasing access to training in general and at improving leadership skills, without necessarily aiming at increasing women’s access to employment in male dominated sectors and occupations. In view of the above, the Committee asks the Government to provide detailed information on the activities conducted to improve girls and women’s access to trainings related to sectors of activity and occupations which tend to be male dominated, and on the results achieved.

National gender equality policy. In its past comment, the Committee requested information on the strategies and actions taken in the framework of existing gender policies to ensure equality of opportunity and treatment between men and women, and on the equal opportunity policies that have already been adopted and implemented by employers, pursuant to section 9 of the EOA. In its report, the Government indicates that a series of measures have been adopted towards the attainment of the United Nations’ Sustainable Development Goal 5 “achieving gender equality and empowering all women and girls”, including the holding of wide consultations on the formulation of a National Gender Policy 2019, the exchange of views on the opportunity of a Gender Equality Bill, and the establishment of four gender technical working groups comprising representatives of the private sector, academia, media and civil society. It also refers to the formulation of a National Costed Action Plan on Gender Mainstreaming and the establishment of the National Women’s Council (NWC), pursuant to the National Women’s Council Act, No. 40 of 2016 (NWCA). In this regard, the Committee observes that the NWC is responsible for implementing Government policies relating to women’s empowerment and gender equality and to advise the Minister on ways of addressing factors responsible for impeding women’s empowerment and gender equality (section 5 of the NWCA). The Committee notes these different initiatives. However, it also notes that, in its 2018 concluding observations, the United Nations Committee the Elimination of Discrimination against Women (CEDAW) expressed concern over the lack of a national action plan on the advancement of women and girls and over the complexity of the national machinery for the advancement of women and of State organs with similar mandates, such as the National Steering Committee, the gender focal points, the National Women’s Council, the National Women Entrepreneur Council and the Equal Opportunities Commission (CEDAW/MUS/CO/8, 14 November 2018 paragraph 13). The Committee asks the Government to indicate whether a national policy or action plan has been adopted on the advancement of women and girls (such as for instance the National Gender Policy and the National Costed Action Plan on Gender Mainstreaming mentioned in the report of the Government). It further asks the Government to specify the mandate of the different state organs responsible for the advancement of women, and to provide detailed information on their activities and the concrete results achieved towards equality and non-discrimination in employment and occupation on the basis of sex. Last, noting that the Government does not provide information in this regard, the Committee reiterates its request for information on the implementation of section 9 of the Equal Opportunity Act in practice.

Article 5. Special measures of protection. Previously, the Committee, noting that the Remuneration Regulations governing the salt manufacturing industry, the sugar industry and the tea industry provided for general limitations on the assignment of work to women workers, urged the Government to ensure that, when revised, these limitations on assignment of work to women are strictly limited to maternity protection. The Committee notes that, on 24 October 2019, these Remuneration Regulations were revoked and replaced with new regulations. It notes with regrets that the Sugar Industry (Agricultural Workers) (Remuneration) Regulations 2019 (section 9(1) of the First Schedule) and the Tea Industry Workers (Remuneration) Regulations 2019 (section 4(2) of the First Schedule) continue to provide for general limitations on the assignment of women. It therefore recalls that while measures aimed at protecting maternity in the strict sense come within the scope of Article 5 of the Convention, protective measures for women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and role in society are contrary to the Convention. It urges the Government to amend the general limitations on the assignment of work to women workers. In this regard, the Committee also refers to its comments on the application of the Equal Remuneration Convention, 1951 (No. 100).

Enforcement. In its last comment, the Committee requested the Government to provide information on the number and nature of complaints dealt with by the EOC and the Equal Opportunities Tribunal (EOT). The Committee notes from the report of activities of the EOC for 2016–2019 that grounds of discrimination invoked in complaints relate for 42.5 per cent to ethnic origin and race, 36.5 per cent to sex, 11 per cent to age and 5.1 per cent to creed. The Committee also notes that, out of the 593 complaints filed with the EOC, 156 cases had been settled, nine had been referred to the EOT, and 108 were under examination. In addition, the Committee notes that, in 2018, there were only ten complaints regarding discrimination (including sexual harassment) filed with the IES of the MLIRET. Taking note of this information, the Committee requests the Government to provide detailed information on the activities conducted by the labour inspectorate to ensure the detection of cases of discrimination and address them (such as training of labour inspectors on discrimination, targeted inspection campaigns or plans, etc.) as well as on the remedies and sanctions imposed in the cases of discrimination dealt with by the EOC, the EOT, or the labour inspectorate.

Practical information. In follow up to its previous request for information in this regard, the Committee notes that the Government indicates that there are no research proposals at the moment in relation with discriminatory practices. Recalling the importance of collecting data and conducting research on the actual situation, including the underlying causes of discrimination, the Committee requests the Government to provide information on any studies conducted or envisaged with regard to matters covered by the Convention.