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

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

The Committee takes note of comments of the International Confederation of Free Trade Unions (ICFTU) on the application of the Convention in Mauritius, contained in a communication dated 24 October 2001 and transmitted to the Government on 6 November 2001, and of the Government’s reply to these comments, contained in a communication dated 26 August 2002. In its comments, the ICFTU referred to a statement of the Ministry of Child Development, according to which 2,000 children between the ages of 12 and 14 were economically active in 1998. The ICFTU also stated that child labour was prevalent on Rodrigues Island, where many children work in homes, shops and on farms.

The Committee notes that, according to the Government’s comments, systematic inspection visits are carried out at undertakings and places of work, covering both the formal and informal sectors of employment, on average twice a month. It notes, however, from the Government’s comments and the statistical tables annexed to its report, that, although some children have been found working every year in several undertakings and despite the figures estimated at 1,800 in the year 2000, the number of children from 12 to 14 years of age in employment, only warnings have been sent to the offenders, among which there were only two written warnings in Mauritius (137 verbal warnings in Mauritius and two in Rodrigues Island), and no cases of prosecutions were recorded. According to the Government, employment of children, whenever detected, is stopped forthwith and the offenders are warned verbally, or in writing, prosecution being envisaged in instances of recurrence or persistence. Concerning the situation in Rodrigues Island, the Government states that, though child labour, especially in sectors such as shops, woodworking workshops, animal rearing and household work, cannot be completely eradicated without entailing an uncomfortable social situation and unfavourable economic implications for most Rodrigan families, the present system of inspection for the detection of child employment and regular contacts with employers have yielded positive and satisfactory results in as much as the number of children in employment has been considerably curbed.

The Committee notes that the Government points out the following difficulties in tackling the problem: children employed in shops and taverns work on and off in different places, lessening the possibility of detection; no inspections are carried out in the household sector, where child labour is probably more prominent than elsewhere; children engaged in animal rearing are difficult to locate as animals are taken to pastures found on mountain sides and valleys.

While taking note of these difficulties, the Committee nevertheless points out that the number of children working, in breach of the national provisions on minimum age and the Convention, require firm action on the part of the Government, concerning both the measures to take in the framework of the national policy designed to ensure the effective abolition of child labour and the repressive measures to take in cases of violation. The Committee hopes that the Government will take the necessary measures and provide information on the progress achieved.

The Committee also addresses a direct request to the Government concerning other points.