Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

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.]