CMNT_TITLE

Abolition of Forced Labour Convention, 1957 (No. 105) - Mauritius (RATIFICATION: 1969)

Other comments on C105

Observation

Direct Request

2023
2018
2015
2013

DISPLAYINFrench - SpanishAlle anzeigen

Previous comment

Article 1(a) of the Convention. Sanctions of imprisonment involving compulsory labour as a punishment for holding or expressing political views or opposition to the established political, social, or economic system. The Committee notes that in 2018, amendments were introduced to sections 46(h)(ii) and 47(1) of the Information and Communication Technologies Act 2001, according to which any person who uses in any manner an information and communication service, including telecommunication services, for the transmission or reception of a message which is likely to cause or causes annoyance, humiliation, inconvenience, distress or anxiety to any person shall be liable to imprisonment for a term not exceeding 10 years (which pursuant to section 16 of the 1989 Prison Regulations involves compulsory prison labour).

The Committee observes that the provisions of section 46 (h)(ii) of the Information and Communication Technologies Act (as amended in 2018) are worded in broad and wide terms. This could lead to an extensive interpretation of their scope that would be incompatible with Article 1(a) the Convention. The Committee recalls in this regard that Article 1(a) of the Convention protects persons who express political views or views ideologically opposed to the established political, social or economic system by establishing that in the context of these activities, they cannot be punished with sanctions involving an obligation to work. This protection does not however extend to persons who, in expressing their views, use violence, incite to violence, or engage in preparatory acts aimed at violence, breach public order or impair the rights of others.

Therefore, the Committee requests the Government to indicate how section 46(h)(ii) of the Information and Communication Technologies Act (as amended in 2018) is being applied in practice, including information on the number of prosecutions initiated, the convictions handed down and the facts that led to them, as well as the specific penalties applied.

Article 1(c). Disciplinary measures applicable to seafarers. The Committee previously observed that pursuant to section 217(8)(n) of the Merchant Shipping Act (No. 26 of 2007), refusal to obey the master’s order or neglect of duty by a seafarer is punishable with imprisonment, which involves compulsory prison labour. The Committee has recalled in this regard that Article 1(c) of the Convention prohibits the imposition of penalties involving compulsory labour for breaches of labour discipline, unless such penalties are imposed for actions that endanger the safety of the ship or the life or health of persons on board.

The Committee notes the Government’s indication that the Maritime Labour Bill that incorporates amendments to address the issues raised in relation to section 217(8)(n) of the Merchant Shipping Act has been finalized and submitted to the Attorney General’s Office for vetting.

The Committee hopes that the Maritime Labour Bill will ensure that breaches of labour discipline, such as refusal to obey or neglect duties that do not endanger the safety of the ship or the life or health of persons on board, are not punishable with sanctions involving compulsory labour (including compulsory prison labour). The Committee requests the Government to continue to provide information on progress made in this regard, and to provide a copy of the Act, once adopted. In the meantime, the Committee requests the Government to provide information on the application in practice of section 217(8)(n) of the Merchant Shipping Act (No. 26 of 2007).