Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

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

Article 3, paragraph 3, of the Convention. Authorization to undertake hazardous work as from 16 years. In its previous comments, the Committee had noted that sections 2 and 28 of the Occupational Safety, Health and Welfare Act No. 34 of 1988 states that "no young persons [aged 15 to 18 years] shall work at any machine specified in the third schedule, unless he has been fully instructed as to the dangers arising in connection with the machine and the protection to be observed, and (a) has received sufficient training in work at the machine; or (b) is under adequate supervision by a person who has a thorough knowledge and experience of the machine". It had also noted for several years the Government’s indication that provisions pertaining to the minimum age for admission to any type of employment or work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of young persons have been included in the draft amendments to the Occupational Safety, Health and Welfare Act No. 34 of 1988. It had also noted the Government’s indication that consultations had been held with the social partners on the amendment of the Occupational Safety, Health and Welfare Act. The Committee had expressed several times the hope that the review process of the Occupational Safety, Health and Welfare Act of 1988, would soon be complete in order to bring national legislation in conformity with Article 3, paragraph 3, of the Convention.

The Committee notes that the Government once again states that the provisions of the Occupational Safety, Health and Welfare Act of 1988 concerning the minimum age for admission to hazardous work will be amended soon. It adds that the definition of "young person" as laid down in the draft amendment Act, includes a person between 16 and 18 years of age.

The Committee reminds the Government that, by virtue of Article 3, paragraph 3, of the Convention, young persons as from the age of 16 may be authorized to undertake hazardous types of work on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction in the relevant branch of activity. Noting that the Government has been stating for more than ten years that the Occupational Safety, Health and Welfare Act would be amended to bring its legislation in line with the Convention, the Committee urges the Government to take, without delay, the necessary measures to raise to 16 years the minimum age from which young persons may be authorized to work on hazardous machines on condition that their health and safety are fully protected and that they have received adequate training in the relevant branch of activity.

Article 9 and Part III of the report form. 1. Labour inspectorate. The Committee had noted the Government’s indication that, since November 2002, child labour inspection visits were carried out on a daily basis instead of fortnightly. It had also noted that between June 2002 and May 2003, out of 4,777 enterprises visited, 17 cases involving 19 children were detected. The Government had indicated that the employment of these children was stopped forthwith and that the employers concerned were warned verbally. The Government added that in all instances, ensuing visits at these undertakings showed that children were no longer being employed there; legal proceedings against the employers concerned were therefore not taken.

The Committee notes the Government’s indication that the Inspection and Enforcement Division of the Ministry of Labour, Industrial Relations and Employment was staffed with approximately 50 employees. The Government states that between June 2003 and May 2005, out of 5,493 inspection visits concerning the employment of children, 20 cases involving 24 children were detected. The employment of these children was terminated immediately and the employers concerned were warned accordingly. It adds that in Rodrigues, 45 sites were inspected but no cases of child labour were detected. According to the information provided by the Government, the Committee observes that persons who employed children in breach of the provisions giving effect to the Convention were not prosecuted in as far as such employment was brought to an end.

The Committee once again recalls that, by virtue 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 labour inspectorates 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, paragraph 326). The Committee therefore considers it necessary to ensure the application of the Convention by applying the penalties provided for in the legislation. The Committee accordingly urges the Government to take the necessary measures to ensure that a person found to be in breach of the provisions giving effect to the Convention is prosecuted and that adequate penalties are imposed. It asks the Government to provide information on the types of violations detected by the labour inspectors, the number of persons prosecuted and the penalties imposed.

Ombudsperson for children. The Committee observes with interest that, by virtue of section 6 of the Ombudsperson for Children Act of 2003, the Ombudsperson for Children is entitled to initiate an investigation whenever he/she considers that there is, or has been or is likely to be, a violation of the rights of a child. To this end, he/she may (i) enter premises where a child may be employed; (ii) request any person to provide information concerning a child whose rights have been, are being or are likely to be violated; and (iii) request the assistance of the police (section 6 of the Act). The Committee asks the Government to provide information on the activities of the Ombudsperson, including the number of places investigated per year and the number and nature of contraventions reported.

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