Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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. 1. Institutional framework. The Committee notes that, according to a press release of the Office of the Prime Minister published in December 2022, the Cabinet has agreed on the implementation of the National Action Plan to Combat Trafficking in Persons in Mauritius 2022–26 which is intended to support well-coordinated and comprehensive actions, the efficient allocation of resources and tracking progress on the response of Mauritius to trafficking in persons. A technical Committee comprising representatives of relevant Ministries and Departments will be set up to work on the implementation of the Plan, which would be monitored by the National Steering Committee. The Plan has been developed around five pillars: prevention, protection, prosecution, partnerships, as well as data collection and research. The Committee welcomes the adoption of the National Action Plan and encourages the Government to take measures to ensure the effective implementation of the five pillars of the National Action Plan and its monitoring. It requests the Government to provide information on the measures taken in this regard, as well as on any evaluation conducted by the National Steering Committee on the results achieved and difficulties encountered during the implementation of the Plan.

2. Law enforcement. In response to its request for information on the application of the Combating of Trafficking in Persons Act, 2009, the Committee notes that the Government indicates in its report that six cases of trafficking in persons were recorded and three offenders were convicted between January 2019 and June 2022. As of June 2022, five cases concerning trafficking in persons are under investigation and three under prosecution. The Committee notes that the Mauritius Police Force has conducted capacity-building activities on investigation techniques including in relation to cases of trafficking in persons that were attended by 2,940 police officers.

The Committee further notes that in its 2019 concluding observations, the United Nations Committee on Economic, Social and Cultural Rights expresses its concern about reports indicating that migrant workers are subjected to forced labour as well as about the insufficient regulation of recruitment agencies (E/C.12/MUS/CO/5).

The Committee requests the Government to provide specific information on the measures taken to strengthen the capacities of the police and other law enforcement bodies to identify and investigate cases of trafficking in persons, both for sexual and labour exploitation, as well as on the number of investigations and prosecutions conducted, convictions and types of penalties applied. It also requests the Government to provide information on the measures taken to prevent situations of trafficking and exploitation of migrant workers, including on measures aimed at strengthening their protection during the recruitment process.

3. Protection of victims. The Committee notes that the Government provides information on various measures taken to protect child victims of trafficking in persons. However, no information is provided on specific measures to protect adult victims of trafficking in persons, including migrants. The Committee observes that section 4 of the Combating of Trafficking in Persons Act, 2009, provides for the establishment of centres for victims of trafficking in persons that offer accommodation, counselling, and rehabilitation services. The Act also specifically provides for compensation for victims of trafficking (sections 16–19). The Committee therefore requests the Government to provide information on the number of victims of trafficking in persons who have received protection and support as well as compensation, in line with the provisions of the Combating of Trafficking in Persons Act, 2009, including information on the type of assistance and protection received.

Article 2(2)(c). Work of prisoners for private individuals, companies, or associations. The Committee previously observed that according 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. It also noted that pursuant to section 16(2) of the 1989 Prison regulations, detainees can be required to undertake work of a kind authorized by the Commissioner of Prisoners and that such provision does not explicitly exclude the possibility for the detainee to be assigned to work for private entities. In this regard, the Government indicated that there had been no cases in which a prisoner had been authorized by the Commissioner to perform any work and that a Prison Bill had been prepared with a view to amending section 16(2) of the Prison regulations.

The Committee notes the Government’s indication that the Prison Bill is currently being examined by the Attorney General’s Office. The Committee requests the Government to ensure that the new regulations on prisons are adopted in conformity with Article 2(2)(c) of the Convention, including expressed provisions that prisoners may not be hired to or placed at the disposal of private individuals, companies, or associations.