Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Minimum Age Convention, 1973 (No. 138) - Mauritius (Ratification: 1990)

Also referring to its observation, the Committee notes the Government’s report and requests it to supply further information on the following points.

Article 2, paragraphs 1, 2 and 3, of the Convention. The Committee has noted, in its previous direct request, the Government’s indication that, in the action plan for a new education system, a nine-year compulsory and fundamental education cycle would be introduced, which would mitigate the problem of premature leaving at secondary level. The Committee has requested the Government to indicate when it planned to introduce the new education system and to continue providing information on the implementation of this new education system. The Committee notes from the Government’s report that the objective of the reforms in the education section is to cater for students up to 16 years old. It notes that the Government has the intention of coming up with the appropriate legislation in favour of compulsory 11-year schooling as soon as the programme of construction of secondary schools is completed. The Committee notes the Government’s statement that, with the extension of compulsory education up to 16, the earliest leaving age would be 16 which would be over the minimum working age. In this respect, the Committee brings the Government’s attention to Article 2, paragraph 3, which provides that the minimum age specified in pursuance of paragraph 1 of this Article shall not be less than the age of completion of compulsory schooling. In the light of these comments, the Committee requests the Government to continue providing information on the ongoing education system reforms and to provide a copy of the text of the new legislation as soon as it is adopted.

Article 3. The Committee has noted that the review exercise in connection with the Occupational Safety, Health and Welfare Act, 1988, was not over. It has noted the Government’s intention to amend section 28 of the said Act to make it consistent with the provisions of Article 3 of the Convention. The Committee notes the information contained in the Government’s report, according to which the abovementioned Act is presently being reviewed by a technical committee under the chairmanship of the Permanent Secretary, Ministry of Labour and Industrial Relations. It notes the Government’s indication that the provisions contained in Article 3 of the Convention have been incorporated in the bill. The Committee hopes that the review process will soon be completed and asks the Government to provide the Office with a copy of the abovementioned Act once it has been amended.

The Committee has also noted the Government’s indication that persons aged between 15 and 18 seeking employment may be employed on board ship on work which is not harmful to health, dangerous or otherwise unsuitable for a young person although the minimum age to be employed on board ship is 16. It has requested the Government to supply information on measures taken to ensure that persons between the ages of 15 and 18 should not be engaged in hazardous work on board ship. The Committee notes the information contained in the Government’s report according to which the Superintendent of Shipping ensures that persons under the age of 18 are not engaged in hazardous work on board Mauritius-registered ships. It notes that the prevailing register indicates that no case of employment of a person under 18 in sea service on board a Mauritius ship has been recorded.

The Government was also requested to supply information on consultations with employers’ and workers’ organizations concerning any other dangerous work to be prohibited for a person under the age of 18 years. In the absence of a reply from the Government on this point, the Committee is bound to repeat its request. It hopes to find the requested information in the Government’s next report.

Article 9, paragraph 3. The Committee has noted that, under sections 48 and 49 of the Labour Act, an employer who has 15 or more workers in his employment is obliged to keep a register of workers, containing the names and ages of workers, whereas the Convention requires every employer to keep a register of persons whom he employs or who work for him and who are less than 18 years of age. It has noted the Government’s indication that, in August 1999, the draft employment bill had been submitted to Cabinet, which decided that a ministerial committee should be set up to consider the implications of the proposed bill, and that the bill is still under consideration. The Committee notes the information contained in the Government’s report that the major changes of the draft employment bill are presently being discussed at the level of the Labour Advisory Board, a tripartite body established under the Labour Act, 1975. It again hopes that the amendments will be completed so as to fulfil the requirements of Article 9, paragraph 3, in the very near future.

Part V of the report form. The Committee notes the information contained in the Government’s report in relation with the practical application of the Convention. It notes that, during the period under review, 25 cases of child employment involving 30 children were detected and that the employers involved were warned verbally, no employers being prosecuted as they discontinued employing children as confirmed by ensuing visits. The Committee asks the Government to continue to provide information on the application of the Convention in practice.