Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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. In its previous comments, the Committee noted the adoption of the Combating of Trafficking in Persons Act, 2009, and requested information on its application in practice, including the number of investigations, prosecutions, convictions and the specific penalties applied.

The Committee notes the Government’s indication that during the period of June 2012 to June 2015, no case or complaint of forced labour has been reported to the police. The Committee notes the statistical information provided by the Government regarding cases of trafficking in persons reported to the police (one case under inquiry since 2014), as well as sensitization campaigns carried out for 2010–15. The Committee requests the Government to continue to provide information on the application of the Act on Combating Trafficking in Persons, 2009, in practice, particularly with regard to the number of prosecutions and the penalties applied. The Committee also requests the Government to provide information on the measures taken to prevent, suppress and combat trafficking in persons, as well as the impact of such measures and the results achieved.

Article 2(2)(c). Work of prisoners for private individuals, companies or associations. In its previous comments, the Committee 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. The Committee requested the Government to take the necessary measures to ensure that section 16(2) of the Prison Regulations, 1989, be amended, so as to ensure its conformity with the Convention.

The Committee notes the Government’s indication that the Prisons Department has already submitted a draft Prison Bill to the Prime Minister’s Office and the State Law Office in connection with section 16(2) of the Prison Regulations, 1989. The Committee requests the Government to provide information on the progress made to amend section 16(2) of the Prison Regulations, 1989, in order to ensure its conformity with Article 2(2)(c) of the Convention, according to which prison work must be carried out under the supervision and control of a public authority, and prisoners may not be hired to or placed at the disposal of private individuals, companies or associations. The Committee also requests the Government to provide a copy of the amended Regulations, once adopted.