CMNT_TITLE

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

Other comments on C029

Observation

Direct Request

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted the adoption of the Combating of Trafficking in Persons Act, 2009, and requested information on its application. In this regard, the Committee notes the Government’s indication that since June 2011, eight cases related to trafficking in persons have been reported to the police. Two of the cases have been prosecuted, while six are under investigation. The Committee also notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 8 November 2011, expressed concern that Mauritius remained a country of source, destination and transit for trafficking in persons (CEDAW/C/MUS/CO/6-7, paragraph 24). The Committee requests the Government to pursue its efforts to combat trafficking in persons and to ensure that perpetrators of this offence are subject to sufficiently effective and dissuasive penalties. It requests the Government to continue to provide information on the application of the Combating of Trafficking in Persons Act, 2009, in practice, including the number of investigations, prosecutions, convictions and the specific penalties applied.

Article 2(2)(c). Work of prisoners for private individuals, companies or associations. The Committee previously noted that, pursuant to section 5 of the Ordinance concerning the work of prisoners (Standing Order No. 16 of 29 August 1997), it is prohibited for prisoners to be 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. In this regard, the Government indicated that this issue would be addressed through amendments to both the Reform Institutions Act, 1988, and the Prison Regulations, 1989, on which the Prisons Department was working.

The Committee notes the Government’s statement that the Prisons Department is still working on the amendments to be brought to the Reform Institutions Act, 1988, and to section 16(2) of the Prison Regulations, 1989. The Committee requests the Government to take the necessary measures to ensure that section 16(2) of the Prison Regulations, 1989, be amended in the near future, so as to ensure its 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, as well as a copy of the amended Regulations, once adopted. Pending the adoption of such amendments, the Committee requests the Government to provide information on the application of section 16(2) of the Prison Regulations, 1989, in practice.