Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

 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.