CMNT_TITLE

Forced Labour Convention, 1930 (No. 29) - Mauritius (RATIFICATION: 1969)

Other comments on C029

Observation

Direct Request

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Communication of the CTSP. Referring to its previous direct request, in which the Committee noted a communication received from the Confederation of Private Sector Workers (CTSP), which contained allegations concerning the imposition of compulsory overtime under the provisions of the Employment Rights Act, 2008 (ERA), the Committee notes the Government’s explanations concerning the application of the ERA and the relevant collective agreements, as well as the Government’s indication that no dispute concerning compulsory overtime has been reported to the Ministry of Labour, Industrial Relations and Employment for the period under review.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes with interest the adoption of the Combating of Trafficking in Persons Act, 2009, which provides for a comprehensive framework to combat human trafficking and to protect and assist victims of trafficking. The Committee would appreciate it if the Government would provide, in its next report, the information on the application of the 2009 Act in practice, including in particular information on victim protection measures, as well as on judicial proceedings instituted and penalties imposed on perpetrators under section 14(1) of the Act.

Article 2(2)(c). Work of prisoners for private individuals, companies or associations. The Committee previously noted that section 5 of the Ordinance concerning the work of prisoners (Standing Order No. 16 of 29 August 1997) prohibits that prisoners are compelled to work in the service of another detainee or an officer or for the private benefit of any person. However, the Committee also noted that section 16(2) of the Prison Regulations of 1989, adopted under section 66 of the Reform Institutions Act, 1988, appeared to allow a prisoner to work in the service of an officer if authorization is granted by the Commissioner of Prisons. The Committee requested the Government to clarify the apparent conflict in the text of the two provisions and to indicate whether measures would be taken to repeal section 16(2) of the Prison Regulations of 1989.

The Committee notes the Government’s statement in its report that the Prisons Department is actually working on the amendments to be brought to the Reform Institutions Act, 1988, and the Prison Regulations, 1989, and that the issue of amendment to section 16(2) of the Prison Regulations, 1989, will be taken care of during this exercise.

The Committee hopes that section 16(2) of the Prison Regulations, 1989, referred to above will be amended in the near future, so as to bring legislation into conformity with the Convention on this point. It requests the Government to provide, in its next report, information on the progress made in this regard.