Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Migration for Employment Convention (Revised), 1949 (No. 97) - Mauritius (Ratification: 1969)

Other comments on C097

Observation

Direct Request

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Statistics. The Committee asks the Government to provide information on the number of male and female migrants leaving Mauritius for employment, including those leaving under the circular migration project and the type of occupations in which they are employed. Please also provide information, disaggregated by sex and nationality, on the number of migrants employed in Mauritius, indicating whether these are temporary migrant workers or migrants admitted on a permanent basis.

Article 2 of the Convention. Services to migrant workers. The Committee notes from the Government’s report that the number of workers who left under the circular migration project, which started in 2008, has significantly dropped from 130 in 2008 (including 10 female migrants) to 13 in 2010, and 12 in 2011 (no female migrant). The Committee notes that both male and female workers seeking employment abroad under the circular migration project were provided with pre-departure training organized by the International Organization for Migration. It further notes from the Government’s report the information on the skills training provided to most of the candidates who left under this project, such as information communication technology (ICT), English and cultural orientation. The Committee, however, notes from the data for 2011 that no training was provided to the 12 candidates who left the country to be employed as meat processors whereas in 2010, the 13 candidates to the same type of occupation received ICT and cultural orientation training. The Committee recalls that, under the Convention, Members are under the obligation either to provide or fund the provision of information or other assistance to migrant workers or to ensure the existence of such services, and to monitor them and, where necessary, to intervene to supplement them (General survey on migrant workers, 1999, paragraph 202). The Committee requests the Government to indicate whether it considers that an adequate and free service providing migrant workers with accurate information is in place, and to provide further details on the specific contents of the information provided by the Special Migrant Workers Unit (SMWU) to prospective workers seeking employment abroad and migrant workers coming to Mauritius, including any specific services directed towards female (prospective) migrants. The Government is also requested to clarify the reasons why no training was provided in 2011 to migrant workers who left the country under the circular migration project and to continue to provide information regarding the skills training provided each year under this project.

Article 3. Measures to combat misleading propaganda, including by private employment agencies. The Committee notes the Government’s general statement that the Ministry of Labour, Industrial Relations and Employment takes “appropriate action against unauthorized entities that are involved in illegal recruiting activities”. The Committee therefore again asks the Government to indicate: (a) what specific action is being taken against authorized recruitment agencies as well as unauthorized agencies or employers for submitting employment contracts that contain erroneous information regarding the terms and conditions of employment; (b) what assistance is being provided to migrant workers who have been victims of misleading propaganda; and (c) any other measures, including awareness-raising campaigns on migrant workers’ rights, to combat abuse and disinformation.

Article 5. Entry requirements and medical examination. The Committee notes that pursuant to section 8(1)(a)–(c) of the Immigration Act (Act No. 13 of 1970), as amended, any persons who “appear to the immigration officer to be suffering from any physical or mental infirmity” or are “dumb, blind or otherwise physically defective or physically handicapped” and who are likely to become a charge on public funds, or “are afflicted with any infectious or contagious disease” are deemed to be prohibited immigrants and shall not be admitted to Mauritius. However, under section 8(2) of the Act, as amended in 2008, the Minister may authorize the admission of a prohibited immigrant “who satisfies the immigration officer that he intends to marry a citizen to whom he has disclosed that he is HIV-positive or has AIDS”. The Committee draws the attention of the Government to the fact that, while medical testing and the prohibition of entry of persons on the ground that they may constitute a grave risk to public health is likely to be a routine and a responsible precaution prior to permitting entry of non nationals, the exclusion of individuals on certain medical or personal grounds which do not pose a danger to public health or a burden to public funds may be dated due to scientific developments or changing social attitudes, and some may now even constitute unacceptable discrimination (see General Survey of 1999 on migrant workers, paragraphs 262, 263 and 266). The Committee also refers in this context to the HIV and AIDS Recommendation, 2010 (No. 200), in particular paragraphs 25, 27 and 28 which specifically refer to migrant workers. The Committee asks the Government to provide detailed information on the practical application of section 8(1)(a) and (c) of the Immigration Act, including the number of non-nationals seeking employment in Mauritius who have been prohibited entry or who have been expelled on the basis of these provisions. Please indicate how it is being determined that a person with a physical or mental disability is likely to become a hinder on public funds. The Committee also requests the Government to provide information on whether any assessment is being made in cases where a migrant worker is refused entry on the basis of section 8(b) of the Immigration Act as to whether the infection or illness would have had an effect on the task for which the worker has been recruited. Please provide information on the number of migrant workers requesting to enter Mauritius who have been refused entry on the basis of the above provisions of the Immigration Act and indicate whether any exemptions have been granted by virtue of section 8(2) of the Act. The Committee also requests the Government to indicate whether any consideration has been given to amending the provisions of the Immigration Act concerning prohibited immigrants in the light of scientific developments and changing social attitudes, and to prevent discrimination.

Article 6(1)(a). Equality of treatment. Conditions of work. In its previous comments, further to the observations made by the Federation of Parastatal Bodies and Other Unions (FPBOU) raising concerns about the hours of work of textile workers coming from Sri Lanka, Bangladesh and China, the Committee asked the Government to indicate the measures taken to address the situation of these migrant workers and to ensure that they are not discriminated against with respect to hours of work. The Committee notes the Government’s indication that during inspection visits by the officers of the SMWU, it is ensured that all migrant workers received treatment no less favourable than nationals with respect to remuneration, hours of work, overtime arrangements, and paid leave. In addition, the Committee notes that the statistics on the grievances dealt with by the SMWU show that between 2008 and 2011 nearly 10 per cent of such grievances concerned reduced or non-payment of wages. The Committee asks the Government to provide information, as detailed as possible, on the inspection visits carried out by the officers of the SMWU, indicating the number of enterprises and workers covered by nationality, sex and economic sector, the number and nature of violations detected, in particular with respect to equality of treatment in the areas covered by the Convention, the remedies provided and the sanctions imposed. It also asks the Government to continue to provide information on the number and nature of grievances submitted by migrant workers to the SMWU, including by female migrant workers, and the sanctions and remedies applied.

Article 6(1)(b). Social security. The Committee notes that under section 3(1) of the National Pensions (Non-Citizens and Absent Persons) Order 1978, as amended by the National Pensions Act (NPA) in 1980, “no non-citizen shall become an insured person unless he has resided in Mauritius for a continuous period of not less than two years”. With respect to industrial accidents, the Committee refers the Government to the comments made under the Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19), and with respect to other social security benefits, the Committee asks the Government to consider making every effort to ensure that migrant workers do not receive treatment which is less favourable than that applied to nationals.

Article 8. Maintenance of residence in the event of incapacity for work. The Committee requests the Government to provide information on how the right of migrant workers who have been admitted on a permanent basis to reside in the country is maintained in practice in the event of incapacity to work.

Article 9. Transfer of earnings. With respect to Chinese migrant workers, the Committee notes that the bilateral agreement concluded between Mauritius and China in 2005, does not include any provisions prohibiting the practice of transferring the migrant workers’ wages to their country of origin. Under section 4 of this agreement, labour inspection services shall ensure that the terms and conditions of employment of Chinese workers are respected and their rights and interests protected. Please provide information on the practical application of section 4 of the bilateral agreement, indicating the number and nature of violations detected by labour inspectors, the sanctions applied and the remedies provided.