Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report. The Committee has also taken note of a communication dated 24 October 2001 of the International Confederation of Free Trade Unions (ICFTU), submitting comments on the observance of the Convention in Mauritius, a copy of which was forwarded to the Government on 5 November 2001 for any comments it may wish to make on the matters raised therein.

Article 1(c) and (d) of the Convention

In its earlier comments the Committee noted that, under sections 183 and 184 of the Merchant Shipping Act of 1986, certain breaches of discipline by seamen (such as desertion, neglect or refusal to join the ship, absence without leave, neglect of duty) are punishable by imprisonment (involving an obligation to perform labour), and that under section 183(1), (3) and (4), seamen who are not citizens of Mauritius, and who commit such offences, may be forcibly conveyed on board ship for the purpose of proceeding to sea. With reference to paragraphs 110-125 of its 1979 General Survey on the abolition of forced labour, the Committee has recalled that, in order to be compatible with the Convention, the provisions mentioned above should be restricted to punishing breaches of labour discipline that endanger the safety of the ship or the life or health of persons on board.

In its previous comments, the Committee has also observed that under sections 82 and 83 of the Industrial Relations Act, 1973, submission of any industrial dispute to compulsory arbitration is left to the discretion of the Minister. The decision handed down following this procedure is enforceable (section 85) and any strike becomes unlawful (section 92). Finally, participation in a strike thus prohibited may by punished by imprisonment (section 102) involving compulsory labour (section 35(1)(a) of the Reform Institutions Act). The Committee has observed that these provisions are incompatible with Article 1(d) of the Convention. It has pointed out that for provisions regarding compulsory arbitration, enforceable with sanctions involving compulsory labour, to be compatible with the Convention, their scope should be limited to essential services in the strict meaning of the term (namely those the interruption of which would endanger the life, personal safety or health of the whole or part of the population).

The Committee has also taken note of the comments of the ICFTU on these points, included in its communication of 24 October 2001.

The Committee notes the Government’s indications that sections 183 and 184 of the Merchant Shipping Act, 1986, and section 102(1) of the Industrial Relations Act have not been applied during the period under review, and that the Government is not aware that they have ever been applied. The Committee therefore asks the Government to take the necessary measures for these national laws to be brought into conformity with the Convention, by the explicit repeal or amendment of those sections of the Merchant Shipping Act, 1986, and the Industrial Relations Act, 1973, referred to above, in order that there should be no continuing uncertainty as to their application and that the positive law reflect the practice which, according to the Government, is already in effect. The Committee hopes that in the very near future the legislation will be brought into conformity with the Convention, and that the Government will report on the action taken.