Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

The Committee notes the information supplied by the Government in its report. The Committee would like to draw the Government’s attention to the following points.

In its previous observation, the Committee had pointed out that the number of children working in breach of the national provisions on minimum age and the Convention, required 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 case of violations. The Committee had hoped that the Government would take the necessary measures and provide information on the progress achieved.

The Committee notes with interest, from the information provided by the Government in its report, that various projects are being implemented to ensure the integration of out-of-school children. It also notes the statement of the Government that the Trust Fund for the Social Integration of Vulnerable Groups is providing financial support for the improvement of deprived areas, including assistance to poor families and the rehabilitation of children. The Committee also takes note of the information provided by the Government according to which, as from November 2002, specific child labour inspection visits are no longer carried out on a fortnightly basis. The Government states that instead, prohibition of child labour is being covered in the course of daily routine inspection visits with the aim to achieve a wider coverage. Moreover, the Government indicates that for the period June 2002 to May 2003, out of 4,777 enterprises visited, 17 cases, involving 19 children, were detected. The Committee notes the statement of the Government that the employment of these children was stopped forthwith and that the employers concerned were warned verbally. The Government indicates that in all instances, ensuing visits at these undertakings showed that children were no longer being employed there, so according to it, it was not necessary to resort to prosecution. The Government also states that no case of child employment was detected in Rodrigues Island during the same period.

The Committee would nevertheless remind the Government that, under the terms of Article 9, paragraph 1, of the Convention, the competent authority must take all necessary measures, including the provision of appropriate penalties, to ensure the effective enforcement of the provisions of the Convention. The Committee considers that inspection services play an important role in the application of national legislation. Indeed, the Committee is of the view that the best legislation only takes on real value when it is applied. Whatever the severity of the penalties laid down, they will only be effective if they are in fact applied, which requires measures whereby they can be brought to the attention of the judicial and administrative authorities, and if there is a will on the part of these authorities to require compliance [see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B), ILC, 67th Session, Geneva, 1981, para. 326]. The Committee therefore considers it necessary to ensure the application of the Convention by applying the penalties provided for in the legislation (section 55 of the Labour Code). It hopes, therefore, that the Government will take the necessary measures, and provide information on the progress achieved.

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