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

Other comments on C111

Observation

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Article 1(1) of the Convention. Prohibited grounds of discrimination. Legislation. Further to its previous comments on amending the Equal Opportunity Act (EOA), 2008 to ensure coherence on the prohibited grounds of discrimination in the legislation on non-discrimination and equality, the Government indicates in its report that any amendments to the EOA Act 2008 would require a policy decision and that, the Workers’ Rights Act (WRA), No. 20 of 2019 (section 5(a)) and the Employment Relations Act (EReA) provide for the protection of workers against any form of discrimination at the workplace other than the exceptions, specified therein, by any prospective employer with regard to access to employment. The Government further indicates that no complaint pertaining to discrimination on grounds of 'national extraction' or 'social origin' has been registered with the administrative (Ministry of Labour) or judiciary authorities. While taking note of this information, the Committee requests the Government to provide information on any: (i) measures taken or envisaged to amend the Equal Opportunity Act, 2008 and harmonize the prohibited grounds of discrimination in the legislation and (ii) cases of discrimination based on the grounds prohibited by the Convention examined by the administrative or judiciary authorities.

Scope of protection against discrimination. In the absence of information in the Government’s report, the Government is once again requested 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. The Committee notes the Government’s indication that the sensitization of workers and employers on the labour legislation pertaining to harassment and workplace violence is carried out through workers’ education programmes by the Information, Education and Communication Section (IECS) of the Ministry of Labour, Human Resource Development and Training (MLHRDT) and during inspections carried out by its Labour Inspectorate at workplaces. The Committee takes note of the statistical information provided by the Government according to which in 2022, out of the 19930 complaints filed with the Equal Opportunity Commission a total of 11 cases of sexual harassment were registered and 8 solved; and for the period of January-March 2023, one case was registered but not yet solved. The Committee requests the Government to continue to provide information on the measures taken to raise awareness on sexual harassment by the Equal Opportunity Commission (EOC) and the labour inspectorate, and on the number of cases 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 notes the Government’s indication that awareness campaigns are organized at the level of the Ministry of Labour to address the question of discrimination based on political opinion. The Committee further notes that, although no complaint based on Political opinion has been registered at the level of the Ministry of Labour, according to the statistical information provided by the Government, the Equal Opportunity Commission dealt with 54 complaints pertaining to discrimination on the basis of Political opinion for the years 2015 to 2022. It also observes that the cases have been steadily decreasing over the years (19 cases in 2019 and 6 cases in 2022). The Committee notes however that the Government does not provide any information on the outcome of these cases. The Committee asks the Government to provide: (i) information on the measures adopted to prevent and eliminate discrimination on the basis of political opinion; and (ii) 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. National gender equality policy. The Committee notes with interest the adoption of the 2022–30 National Gender Policy (NGP), which outlines eight key priorities, and objectives to achieve gender equality in various areas such as legislation, education, governance, employment, health, media, and environment. It also observes that the NGP aims, among others to enact the Gender Equality Bill and ensure effective participation and equal opportunities for leadership at all levels (page 34).

The Committee takes due note of the different initiatives taken by the Government in order to mainstream gender equality, including the establishment of the Inter-Ministerial Gender Technical Working Committee to ensure that Gender Focal Points of all Ministries take stock of actions being planned from a gender lens within their respective Sectors and the Gender Cells in all Ministries to identify gender gaps within their respective sectors. The Government further indicates that the Ministry of Gender Equality and Family Welfare (MGEFW) has provided training on gender mainstreaming process to 1200 officials. Additionally, some 300 officials of different grades have been trained through the Mauritius Civil Service College, wherein, the officers of the Gender Unit have acted as Resource Persons. The MGEFW has also advocated for the introduction of the Gender Responsive Budgeting Initiative (GRBI). Subsequently, the Minister of Finance, Economic Planning and Development has, in the budgetary measures for financial 2016–17, allocated US$5,600 (200, 000 Mauritian rupees) on a pilot basis to five Ministries for the implementation of gender-sensitive initiatives, including the Ministries of Health and Wellness. Moreover, the National Strategy Action Plan on the Elimination of Gender Based Violence is being spearheaded by the Family Welfare and Protection Unit of the Ministry of Gender Equality and Family Welfare and implemented by all key Collaborators.

The Committee observes that, according to the Global Gender Gap Report from the World Economic Forum of 2023: women’s participation in the labour force in the country is 38.17 per cent for women compared to 60.34 per cent for men; indicating that women comprise 39.42 per cent of managerial and senior positions (as compared to 60.59 per cent for men); and 20 per cent of parliamentarians (as compared to 80 per cent for men). With a view to encouraging more women in the decision-making and political sphere, the Government indicates that it has been implementing a project called ‘‘Promoting the Presence and Leadership of Women within Public Institutions at National and Local Levels’’ in collaboration with the United Nations Development Programme (UNDP) and United Nations Department of Economic and Social Affairs (UNDESA). Regarding the application of section 9(1) of the EOA 2008, the Government indicates that the Equal Opportunities Commission has since April 2013 prepared “Guidelines for Employers” with a view to, inter alia, assist employers in preparing their Equal Opportunity Policy for their respective organizations. The Committee encourages the Government to evaluate the implementation of the National Gender Policy with a view to identifying the progress made, the obstacles encountered, and the adjustments required in order to advance further on the promotion of gender equality in employment and occupation. The Committee also requests the Government to provide information on(i) the progress achieved in the adoption of the Gender Equality Bill; (ii) the steps taken or envisaged to enable both men and women to gain access to a wider range of jobs, particularly in sectors where one sex is traditionally over-represented. Please, also provide recent statistics, disaggregated by sex, on the employment of women and men in the various occupations and sectors of economic activity, in order to assess progress made overtime.

Article 3(b). Access to education and training. The Committee notes the Government’s indication that an interdisciplinary team of academics at the Mauritius Institute of Education (MIE) have been engaged in a series of research and activities which aim to include (1) Gender-sensitive analysis of primary school curriculum; (2) Forum and roundtable discussions on parental education, gender equality and equity in Education and (3) Dissemination through academic publication and sensitization campaigns targeting educators. The Government also indicates that sensitization campaigns in different spheres of employment and society on the Equal Opportunities Act and Labour legislations were organized with the objective of promoting equality of opportunities. While taking note of this information, the Committee observes that the Government’s report does not provide any information on the practical measures taken to improve women’s access to education, training and employment, particularly in male dominated sectors and occupations. The Committee requests the Government to (i) indicate the measures taken to prevent and address stereotypes and discrimination based on sex by enhancing women’s access to a wide range of occupations in the labour market and their participation in education and vocational training; and (ii) provide statistical information, disaggregated by sex, on the participation of men and women in education at all stages and in the various vocational training courses offered, as well as on the number of men and women who have filled vacancies following such training, including for jobs traditionally held by persons of the other sex.

Article 5. Special measures of protection. Further to its previous comments regarding general limitations on the assignment of women under 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), the Committee notes the Government’s indication that limitations on job assignments of women as provided for in the National Law have never been stipulated with a view to undermine the capabilities of women but to ensure safety and health at work. These limitations have been the result of consultations and collective agreements (Protocol d’Accord) existing for a long time in the Sugar Industry. The object has never been to act contrary to provisions of the Convention. The Government also indicates that section 10 of the Occupational Safety and Health Act 2005 (OSHA 2005) imposes a legal duty on employers to carry out a risk assessment for the purpose of identifying measures to be implemented to ensure safety and health of employees. Moreover, the employer is required to review the risk assessment not later than 2 years after any assessment.

While observing that carrying out a risk assessment is an obligation under the 2005 OSHA, the Committee notes that the Sugar and Tea Industry Workers Regulations still provide, solely, for general limitations on the assignment of women. The Committee recalls that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of “both” men and women at work while taking account of gender differences with regard to specific risks to their health. Restrictions on women’s employment (“non-pregnant” and “non-nursing” women) are contrary to the principle of equality of opportunity and treatment between men and women unless there are genuine protective measures put in place to protect their health. This protection must be determined on the basis of the results of a risk assessment showing that there are specific risks for women’s health and/or safety. Therefore, such restrictions, if any, have to be justified and based on scientific evidence and, when in place, have to be periodically reviewed in the light of technological developments and scientific progress to determine whether they are still necessary for protective purposes. The Committee further recalls that it may be necessary to examine what other measures, such as improved health protection of both men and women, adequate transportation and security, as well as social services, are necessary to ensure that women can access the types of employment concerned on an equal footing with men (2012 General Survey on Fundamental Conventions, paragraph 840). The Committee therefore asks the Government to review its approach regarding restrictions on women’s employment in light of the above principles to ensure that protective measures are limited to maternity protection in the strict sense or based on occupational safety and health risk assessments and do not constitute obstacles to the employment of women. The Government is further required to provide information on any development in this regard.

Enforcement. The Committee takes note of the number of inspections carried out between 2019 and 2022 (90,667 and 35,141 respectively). It also notes that a total of 12 complaints linked to discrimination were registered and resolved in 2022, including three cases based on the grounds of sex, one related to trade union activities, and eight on other grounds. The Committee requests the Government to continue to provide information on the number, nature (ground concerned) and outcome (penalties imposed and compensation awarded) of the case of discrimination handled by the labour inspectorate and/or the courts.