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Article 1 of the Convention. Equal treatment. For many years, the Committee has been drawing the Government’s attention to section 3 of the National Pensions (Non-Citizens and Absent Persons) Order, 1978, as amended by the National Pensions Act (NPA), under which foreign nationals may not be affiliated to the insurance scheme unless they have resided in Mauritius for a continuous period of not less than two years. Foreign workers who do not meet this residence condition are covered by the Workmen’s Compensation Act of 1931 (WCA), which does not ensure a level of protection equivalent to that guaranteed under the national pension scheme in the event of employment injury. The Committee has been reminding the Government that under the terms of Article 1(2) of the Convention, the nationals of other member States that have ratified the Convention as well as their dependants should be guaranteed equality of treatment in respect of industrial accidents without any condition as to residence.
In its reports since 2006, the Government states that a bill has been introduced to revise section 3 of the Order of 1978. The delay in finalizing the necessary amendments is due to the fact that the Ministry of Social Security, National Solidarity and Reform Institutions has embarked on a wider examination of the NPA with a view to amend it holistically, taking into account other issues requiring review, such as the need to merge the WCA into the NPA. The Government states that the draft bill will be introduced to the National Assembly as soon as it has been accepted by the State Law Office. The Committee hopes that the Government will be able to amend section 3 of the Order of 1978 in the very near future, so as to bring its legislation into conformity with the Convention. The Committee would appreciate receiving a copy of the draft Bill when the State Law Office review has been completed. The Committee thanks the Government for providing very detailed statistics on the number of work permits issued to foreign nationals and the number and nature of occupational accidents of foreign workers.
Article 1 of the Convention. Equal treatment. For many years, the Committee has been drawing the Government’s attention to section 3 of the National Pensions (Non-Citizens and Absent Persons) Order, 1978, as amended by the National Pensions Act (NPA), under which foreign nationals may not be affiliated to the insurance scheme unless they have resided in Mauritius for a continuous period of not less than two years. Foreign workers who do not meet this residence condition are covered by the Workmen’s Compensation Act (WCA) which does not ensure a level of protection equivalent to that guaranteed under the national pensions scheme in the event of employment injury. The Committee has been recalling in this respect that under the terms of Article 1, paragraph 2, of the Convention, the nationals of other member States that have ratified the Convention as well as their dependants should be guaranteed equality of treatment in respect of industrial accidents without any condition as to residence.
In its reports since 2001, the Government indicates that section 3 of the Order of 1978 has not yet been amended, but that the observations made by the Committee of Experts will be taken into account in the process of revision of the National Pensions Act and its implementing regulations. The Government indicates in its last report that the delay in finalizing the necessary amendments is due to the fact that the Ministry of Social Security, National Solidarity and Senior Citizens Welfare & Reform Institutions has embarked on a wider examination of the NPA with a view to amend it holistically, taking into account other issues requiring review such as the need to merge the WCA into the NPA. All the major issues have now been cleared and the legislative amendment is nearing completion. The draft will therefore be introduced in the National Assembly shortly. The Committee trusts that the Government will be able to report progress in the very near future.
[The Government is asked to reply in detail to the present comments in 2010.]
Article 1 of the Convention. Equal treatment. For many years, the Committee has been drawing the Government’s attention to section 3 of the National Pensions (Non-Citizens and Absent Persons) Order, 1978, as amended by the National Pensions Act, under which foreign nationals may not be affiliated to the insurance scheme unless they have resided in Mauritius for a continuous period of not less than two years. Foreign workers who do not meet this residence condition are covered by the Workmen’s Compensation Act. However, this latter Act does not establish a level of protection that is equivalent to that guaranteed under the national pensions scheme in the event of employment injury. In its last report, the Government indicates, as it did in 2001, that section 3 of the Order of 1978 referred to above has not yet been amended, but that the observations made by the Committee of Experts will be taken into account in the process of revision of the National Pensions Act and its implementing regulations. It however adds that the Bill is now in the drafting stage and that the ministry responsible has been requested to complete the process of bringing the national legislation into conformity with the Convention rapidly.
The Committee takes due note of this information. It recalls that, under the terms of Article 1, paragraph 2, of the Convention, equality of treatment in respect of workmen’s compensation shall be guaranteed without any condition as to residence to the nationals of any other Member which has ratified the Convention and who are the victims of employment injury. The Committee trusts that the Government will be in a position to provide information in its next report on the progress achieved towards the amendment of section 3 of the Order of 1978 referred to above so as to bring its legislation into conformity with the Convention.
[The Government is asked to reply in detail to the present comments in 2008.]
Article 1 of the Convention. For many years, the Committee has been drawing the Government’s attention to section 3 of the National Pensions (Non-Citizens and Absent Persons) Order, 1978, as amended (issued under the National Pensions Act), under which foreign nationals may not be affiliated to the insurance scheme unless they have resided in Mauritius for a continuous period of not less than two years. Foreign workers who do not meet this residence condition are covered by the Workmen’s Compensation Act. However, this Act does not provide for a level of protection that is equivalent to that guaranteed under the national pensions scheme in the event of employment injury. In its last report, the Government states that section 3 of the above Order of 1978 has not yet been amended, but that the observations made by the Committee of Experts will be taken into account in the ongoing revision of the National Pensions Act and its subsidiary legislation.
The Committee notes this information. It recalls that, under the terms of Article 1, paragraph 2, of the Convention, equality of treatment in respect of workmen’s compensation shall be guaranteed without any condition as to residence to the nationals of any other Member which has ratified the Convention and who are the victims of employment injury. The Committee trusts that the Government will not fail to take the opportunity on the occasion of the revision of the legislation respecting the national pensions scheme to amend section 3 of the above Order of 1978, so as to bring its legislation fully into conformity with the Convention.
Article 1 of the Convention. In its previous comments, the Committee had pointed out that section 3 of the National Pensions (Non-Citizens and Absent Persons) Order, 1978, as amended, provides that foreign workers may not be affiliated to the insurance scheme unless they have resided in Mauritius for a continuous period of not less than two years, in contradiction with Article 1 of the Convention. In reply, the Government states that an administrative measure has been introduced whereby prior to the issue of a work permit to a non-citizen, the prospective employer must sign an agreement (agreement in respect of employment of non-citizens) stating, inter alia, that it shall provide the foreign worker with insurance against work injury.
The Committee notes this information. It points out, however, that the agreement does not guarantee that the level of benefit provided shall be equal to that provided under the National Pensions Scheme. Furthermore, the agreement is only between the Government and the prospective employer and does not give the foreign worker or his or her survivors a direct and enforceable right. The Committee recalls that Article 1, paragraph 2 of the Convention provides that equality of treatment in respect of compensation for industrial accidents shall be guaranteed without any condition as to residence to the nationals of every State which has ratified the Convention who are victims of an industrial accident, as well as to their dependants. It once again expresses the hope that the Government will take the necessary steps to fully comply with the requirements of the Convention, in particular by amending section 3 of the National Pensions (Non-Citizens and Absent Persons) Order, 1978. It would appreciate receiving information on any progress made in this respect.
Article 1 of the Convention. In its previous comments, the Committee pointed out that section 3 of the National Pensions (Non-Citizens and Absent Persons) Order, 1978, as amended, according to which foreign nationals may not be affiliated to the insurance scheme unless they have resided in Mauritius for a continuous period of not less than two years, is not in conformity with Article 1, paragraph 2, of the Convention, which provides that equality of treatment in respect of compensation for industrial accidents shall be guaranteed without any condition as to residence to the nationals of every State which has ratified the Convention and who are victims of an industrial accident, as well as to their dependants. In its reply, the Government recalls that while foreign nationals having resided in Mauritius for less than two years are not covered by the National Pensions Act, they are entitled under the Workmen's Compensation Act to compensation for accident arising out of and in the course of employment. It adds that a technical committee has been set up to completely review the Workmen's Compensation Act and opportunity will be taken to consider the observations made by the Committee. The Committee notes this statement with interest. It once again expresses the hope that the Government will not fail to take this opportunity to amend section 3 of the National Pensions (Non-Citizens and Absent Persons) Order, 1978, so as to bring national legislation into full conformity with the Convention on this point and that it will be able to indicate progress made in its next report.
Article 1 of the Convention. In its previous comments the Committee pointed out that section 3 of the National Pensions (Non-Citizens and Absent Persons) Order, 1978, as amended, according to which foreign nationals cannot be affiliated to the insurance scheme unless they have resided in Mauritius for a continuous period of not less than two years, is not in conformity with Article 1, paragraph 2, of the Convention which provides that equality of treatment in respect of compensation for industrial accidents shall be guaranteed without any condition as to residence to the nationals of every State which has ratified the Convention and who are victims of an industrial accident, as well as to their dependants. In its last reply, the Government once again states that measures to ensure compliance with Article 1, paragraph 2, of the Convention are still being considered. In this situation the Committee cannot but once again express the hope that measures to give full effect to this provision of the Convention will be adopted soon and that the Government will be able to indicate progress made in its next report.
Article 1 of the Convention. In its previous comments the Committee pointed out that section 3 of the National Pensions (Non-Citizens and Absent Persons) Order, 1978, as amended, according to which foreign nationals cannot be affiliated to the insurance scheme unless they have resided in Mauritius for a continuous period of not less than two years, is not in conformity with Article 9, paragraph 2, of the Convention which provides that equality of treatment in respect of compensation for industrial accidents shall be guaranteed without any condition as to residence to the nationals of every State which has ratified the Convention who are victims of an industrial accident, as well as to their dependants. In its reply, the Government states that measures to ensure compliance with Article 1, paragraph 2, of the Convention are being considered and that further information will be supplied as soon as there is any new development. The Committee notes this statement. It trusts that measures to give full effect to this provision of the Convention will be adopted soon and that the Government will be able to indicate progress made in its next report.
[The Government is asked to report in detail for the period ending 30 June 1993.]
Article 1, paragraph 1, of the Convention. In reply to the Committee's previous comments, the Government confirms that, as in the case of employees in the public service, foreign nationals cannot be affiliated to the insurance scheme unless they have resided in Mauritius for a continuous period of not less than two years (section 3 of the National Pensions (Non-Citizens and Absent Persons) Order, 1978, as amended in 1980). These workers are covered by the Workmen's Compensation Ordinance. The Committee notes this statement. It can only therefore once again draw the Government's attention to the fact that the condition of residence laid down in the legislation is not in conformity with Article 1, paragraph 2, of the Convention which provides that equality of treatment in respect of compensation for industrial accidents shall be guaranteed without any condition as to residence to the nationals of every State which has ratified the Convention who are victims of an industrial accident, as well as to their dependents. It therefore requests the Government to adopt the necessary measures to give full effect to the Convention on this point.