Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes the Government’s report. It requests the Government to provide further information on the following points.

Article 2, paragraph 3, of the Convention. Age of completion of compulsory schooling. The Committee had previously noted that the Education Act was amended by Act No. 44 of 8 December 2004 to extend compulsory schooling to 16 years of age. It had noted, however, that the amendment of the Labour Act in 2004 did not concern the minimum age for employment, which remained at 15 years. The Committee had encouraged the Government to take the necessary measures to raise to 16 the minimum age for admission to employment in order to link it with the age of completion of compulsory schooling. The Committee notes with satisfaction that the Labour Act was amended in 2006 in order to raise the minimum age for employment to 16 years (section 3(a) of the Labour (Amendment) Act 2006 – Act No. 26 of 2006).

Article 3, paragraph 3. Authorization to undertake hazardous work as from 16 years. The Committee had previously noted that sections 2 and 28 of the Occupational Safety, Health and Welfare Act No. 34 of 1988 state that no young person (aged 15 – 18 years) shall work at any machine specified in the third schedule, unless he/she 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. The Committee had urged 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. The Committee notes the Government’s information that provisions regarding the minimum age for admission to hazardous work have been included in section 8 of the Occupational Safety and Health Bill of 2005, which will soon be adopted. The Committee notes with interest that, by virtue of section 2 of this Bill, a “young person” is defined as a person between 16 and 18 years of age. The Committee hopes that the Occupational Safety and Health Bill of 2005 will be adopted soon. It requests the Government to inform it of any progress made towards the adoption of this Bill.

Article 9, paragraph 1 and Part III of the report form. Penalties. 1. Labour inspectorate. For a certain number of years the Committee had observed that, while some cases of violation of child employment were detected by the labour inspectorate, no penalties were imposed on the employers acting in breach of the legislation.

The Committee notes the Government’s information that, during the period under review, out of 4,152 inspection visits carried out in connection with the employment of children, two cases of child employment were detected involving two children. The employment of these children was stopped and the employers concerned were warned accordingly. Prosecution is being envisaged in one of the cases. Moreover, in Rodrigues, 94 inspections were carried out, but no case of child employment was detected. The Committee notes the Government’s indication that, as of May 2007, the Inspection and Enforcement Division of the Ministry of Labour, Industrial Relations and Employment has been enlarged with new staff.

While noting that only two cases of violations of child employment were detected by the labour inspectorate, the Committee once again observes that persons who employ children in breach of the provisions giving effect to the Convention are not prosecuted, as a rule, as far as such employment is brought to an end. The Committee considers it necessary to ensure the application of the Convention by applying the penalties provided for in the legislation. It accordingly requests 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.

2. Ombudsperson for Children. The Committee had previously requested the Government to provide information on the activities of the Ombudsperson for Children. The Committee notes the information contained in the report by the Ombudsperson for Children supplied by the Government. According to this report, the Ombudsperson for Children’s Office has a small staff including three investigators who do not normally undertake field work. Cases which need to be investigated in the field are usually managed by the Child Development Unit (CDU) of the Ministry of Women’s Rights, Child Development, Family Welfare and Consumer Protection. Cases are sometimes referred to the minors brigade of the police. The report indicates that the Ombudsperson for Children’s Office has had to deal with very few cases of child labour which were all referred to the CDU.

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