Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Maritime Labour Convention, 2006 (MLC, 2006) - Mauritius (Ratification: 2014)

The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2022 will enter into force for Mauritius on 23 December 2024.

Impact of the COVID-19 pandemic. In this regard, the Committee notes the Government’s indication that the provisions of Merchant Shipping Notice 5 of 2020 were applicable only during the exceptional circumstances of COVID-19. The Government states that the maximum period of service onboard of 11 months is being maintained and that no request has been received for extension of contract beyond 11 months. It indicates that the issuance of another Merchant Shipping Notice informing that the maximum period of 11 months will be maintained is being considered. The Committee takes note of this information and requests the Government to continue to provide updated information in this regard.

Article I of the Convention. General questions on application. Implementing measures. The Committee notes the Government’s indication, in reply to its previous comment, that the draft legislation has already been submitted to the Attorney General’s Office and that any amendments thereof will be worked out by the Attorney General’s Office in collaboration with the relevant Ministry concerned. The Committee expects that the relevant measures will be adopted in the near future to give full effect to the provisions of the Convention taking into account the comments presented below. It requests the Government to provide a copy of all new texts once adopted.

Article II, paragraphs 1(f), 2, 3 and 7. Definitions and scope of application. Seafarers. National determination. Referring to its previous comments on the exclusion from the definition of seafarer of the master, as well as persons who are employed on duties which are not part of a seafarer’s normal duties, under section 2 of the Merchant Shipping Act, the Committee notes the Government’s indication that the Maritime Labour Bill will take into consideration the comments of the Committee. The Government also indicates that it will take into account, when reviewing the Maritime Labour Bill, the Committee’s comments with respect to the exclusion from the definition of seafarer of non-marine personnel employed under outsourced service agreements, the terms of which determine the conditions under which the service provider will supply the necessary personnel. The Committee requests the Government to take the necessary steps without further delay to align the draft legislation, as well as the Merchant Shipping Act with Article 1(f) and 2, of the Convention.

Article II, paragraphs 1(i), 4, 5, 6 and 7. Definitions and scope of application. Ships. National determination. Ships under 200 gross tonnage. The Committee notes that, in response to its previous request, the Government indicates that the provisions of sections 3(3) and 229 of the Merchant Shipping Act, which allow ships to be exempted from the application of the Act or some of its requirements have not been put to use as of today’s date. With respect to the scope of application of the Maritime Labour Bill, which, as currently drafted, may not apply to ships of 200 gross tonnage and under which are not engaged in international voyages, nor to pleasure vessels as defined in the Tourism Authority Act 2006, as amended, the Government indicates that it will take into account the Committee’s comments when reviewing the Maritime Labour Bill. The Committee recalls that while Article II, paragraph 6 provides flexibility with respect to the application of “certain details of the Code” to a ship or particular categories of ships of less than 200 gross tonnage that do not voyage internationally, this Article does not allow to exclude a ship, or a category of ships, from the application of the Convention. The Committee also recalls the Convention does not provide for the exclusion of pleasure ships that are ordinarily engaged in commercial activities. The Committee requests the Government to indicate the measures taken to ensure that the protection afforded by the Convention is guaranteed to all seafarers working on board ships within the meaning of the Convention, including pleasure vessels used for profit, and to specify whether any determination has been made under Article II, paragraph 6, for ships of 200 gross tonnage that do not voyage internationally.

Article VII. Consultations. The Committee notes the Government’s indication, in reply to its previous comment, that since there is no shipowners’ association in Mauritius, it will consider having recourse to the Special Tripartite Committee on matters pertaining to the MLC, 2006 until a shipowner’s organisation is established. Recalling that any derogation, exemption or other flexible application for which the Convention requires consultations may, where representative organizations of shipowners or of seafarers do not exist within a Member, only be decided through consultation with the Special Tripartite Committee established in accordance with Article XIII of the Convention, the Committee requests the Government to provide information on the progress made with respect to the recourse to the consultative arrangement provided for in Article VII.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes that, in response to its previous request, the Government indicates that the Committee’s comments will be taken into account when reviewing the Maritime Labour Bill. The Committee observes that the wording of section 103 of the most recent version of the draft Bill has not yet been amended. The Committee recalls that the Convention, under Standard A1.1, paragraph 4, requires the absolute prohibition for persons under the age of 18 of the types of work considered hazardous but allows, under Guideline B4.3.10, the determination of types of work which young seafarers cannot undertake without adequate supervision and instruction. The Committee requests the Government to take the necessary measures to ensure full conformity with Standard A1.1, paragraph 4, clearly distinguishing between types of work that are to be prohibited, without exception, and those that can only be undertaken under adequate supervision and instruction and to provide information on the progress made in this regard.

Regulation 1.2 and Standard A1.2, paragraph 5. Medical certificate. Right to have a further examination. Referring to its previous comments with respect to section 12 of the Maritime Labour Bill, the Committee notes the Government’s indication it will take into account its comments when reviewing the Bill. The Committee requests the Government to take the necessary measures to bring its draft legislation in conformity with Standard A1.2, paragraph 5, without further delay.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes that in reply to its previous comment, the Government indicates that Mauritius has enacted a new piece of legislation, namely the Private Recruitment Agencies Act 2023 to ensure ethical recruitment in line with the recommendations of the ILO and the International Organisation for Migration. The Act aims at consolidating and strengthening the law with regard to the recruitment of citizens of Mauritius for employment locally and abroad, and for the recruitment of non-citizens for employment in Mauritius. The Government states that the act establishes: (i) an Employer Pay Principle, meaning that no person shall charge a worker any fee in relation to his recruitment and that all cost for his recruitment, including his travel expenses, shall be borne by his employer; (ii) the prohibition of deceitful and misleading advertisements and canvassing for wrongful inducement for the recruitment of workers; and (iii) more powers to the enforcement agency with regard to the variation, suspension and revocation of a licence for the recruitment of workers. The Government further specifies that sections 17 et seq. of the Act provides for power of inspection, seizure and summons to the Permanent Secretary where the latter has reasonable grounds to suspect that any activity in contravention with this Act is being carried out in the business premises of a private recruitment agency. While welcoming this information, the Committee observes that the Act is not specific to the maritime sector and does not cover the minimum requirements for the operation of private seafarer recruitment and placement services, as provided for by Standard A1.4, paragraph 5 (prohibition of blacklists, no fees or charges for the seafarer, the keeping of registers, qualification of seafarers, protection of seafarers in foreign ports, management of complaints, establishment of a compulsory insurance scheme to compensate seafarers). The Committee hopes that the Maritime Labour Bill will be adopted in the very near future to ensure that full effect is given to Regulation 1.4 and the Code and to provide updated information in this regard.

Regulation 2.1 and the Code. Seafarers’ employment agreements. In reply to its previous request, the Government indicates that the Committee’s comments will be taken into consideration when reviewing the Maritime Labour Bill, including with respect to section 24(3) on minimum notice periods, which as currently drafted is not in compliance with Standard A2.1, paragraph 6, which does not allow collective agreements to provide any kind of penalty against a seafarer who terminates his seafarer’s employment agreement for compassionate or other urgent reasons. While noting this information, the Committee observes that, until the Bill is adopted, these provisions of the Convention are currently implemented through the Merchant Shipping Act, which does not give effect to the detailed requirements of Regulation 2.1 and Standard A2.1. The Committee requests the Government to adopt the necessary measures, without delay, to give effect to the requirements of Regulation 2.1 and the Code. It further requests the Government to provide a standard form or an example of a seafarers’ employment agreement.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and Standard A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. The Committee notes that in reply to its previous comment, the Government states that the requirements of the 2018 amendments to the Code will be addressed when reviewing the Maritime Labour Bill, which as currently drafted does not give effect to these provisions. The Committee requests the Government to adopt the necessary measures to ensure that these requirements are incorporated into its national provisions in order to fully comply with the Convention and to provide information on the progress made in this regard.

Regulation 2.2 and the Code. Wages. In reply to the Committee’s previous comment, the Government indicates that it will take into account the points raised by the Committee when reviewing the Maritime Labour Bill. In the absence of adoption and implementation of the Bill, the applicable provisions of the Merchant Shipping Act do not give effect to the requirements of the Convention. The Committee accordingly urges the Government to adopt the necessary measures to ensure the full conformity of its legislation with Standard A2.2 in the near future.

Regulation 2.3 and the Code. Hours of work and hours of rest. The Committee notes that in reply to its previous comment on the non-application of the Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 2017 to pleasure crafts and to ships not exceeding 15 net tonnes or under 24 metres in length, the Government states that pleasure crafts registered with the Tourism Authority can be regulated by the latter only, and are subject to the Tourism Authority Act 2006. Observing that the Tourism Authority Act 2006 does not prescribe the hours of work or hours of rest on pleasure crafts, the Committee requests the Government to indicate the applicable provisions on the matter for pleasure ships engaged in commercial activities to which the Convention applies. Noting that the Government also does not provide information with respect to the regime of hours of work or hours of rest and the provisions applicable to ships not exceeding 15 net tonnes or under 24 metres in length, the Committee reiterates its previous request.

Regulation 2.3 and Standard A2.3, paragraphs 6 and 13. Hours of work and hours of rest. Division of hours of rest. Exceptions. Referring to its previous comment with respect to Regulation 7(5) of the Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 2017, which allows for exceptions to the minimum rest periods set out in Standard A2.3, paragraph 6, without however following the requirements of Standard A2.3, paragraph 13, the Government states that it is examining this matter and that it will revert to the Committee on this point. The Committee requests the Government to adopt the necessary measures to fully comply with Standard A2.3, paragraphs 6 and 13, to provide updated information on the progress made in this respect as well as a copy of the amended texts once they are adopted.

Regulation 2.3 and Standard A2.3, paragraphs 7–9 and 14. Hours of work and hours of rest. Drills. On-call work. Immediate safety and distress at sea.Noting the Government’s indication that it is examining this matter, the Committee requests the Government to adopt the necessary measures without delay to ensure that full effect is given to Standard A2.3, paragraphs 7–9 and 14, and to provide updated information on the progress made in this regard.

Regulation 2.4 and the Code. Entitlement to leave. Noting the Government’s indication that it will take into account the Committee’s comments when reviewing the Maritime Labour Bill, the Committee expects that the Government will adopt in the near future the necessary measures to ensure the full conformity of its legislation with the requirements of Regulation 2.4 and the Code.

Regulation 2.5 and the Code. Repatriation. The Committee notes the Government’s indication, in reply to its previous request, that it will take into account the comments of the Committee when reviewing the Maritime Labour Bill. The Committee accordingly reiterates its request to the Government to adopt the necessary measures without delay to ensure the conformity of the national legislation with Regulation 2.5 and the Code. It expects the Government to review the proposed Bill to ensure full compliance with: (i) Standard A2.5.1, paragraph 3, prohibiting shipowners from recovering the cost of repatriation, except where the seafarer has been found, in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligations; and (ii) Standard A2.5.1, paragraph 5(a) according to which the competent authority of the Member whose flag the ship flies shall arrange for repatriation of the seafarers concerned without regard to the nationality of the seafarer.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. Abandonment. The Committee observes that the Government has provided a copy of a certificate of insurance or other financial security containing the information required in Appendix A2-I of the Convention, as provided for under Standard A2.5.2, paragraph 7. Noting the Government’s indication that it will take into account the Committee’s comments with respect to the implementation of the 2014 amendments to the Code of the Convention when reviewing the Maritime Labour Bill, the Committee requests the Government toadopt the necessary measures without delay to ensure that full effect is given to these provisions of the Convention and to provide updated information on the progress made in this regard.

Regulation 2.7 and Standard A2.7, paragraphs 2 and 3. Manning levels. Excessive hours of work. Food and catering. The Committee notes that in reply to its previous comment, the Government has supplied a typical example of a safe manning document or equivalent issued by the competent authority. Noting however that no information has been provided regarding the procedures adopted to determine, approve or revise manning levels, specifying how they take into account: (i) the need to avoid or minimize excessive hours of work and limit fatigue; and (ii) the requirements set out in Regulation 3.2 and Standard A3.2 concerning food and catering, the Committee requests the Government to adopt the necessary measures to give effect to these requirements of the Convention.

Regulation 3.1 and the Code. Accommodation and recreational facilities.Noting the Government’s indication that it will take into consideration the Committee’s comments when reviewing the Maritime Labour Bill, the Committee reiterates its previous request to the Government to adopt the necessary measures without delay to ensure that full effect is given to Regulation 3.1 and the Code, and to review sections 64, 66(q), 68(4), 70 and 75(1)(b) of the Maritime Labour Bill in order to ensure that exemptions from the requirements regarding accommodation and recreational facilities are only permitted after consultation with the shipowners’ and the seafarers’ organizations concerned and within the limitations provided for under Standard A3.1, paragraphs 19–21.

Regulation 3.2 and the Code. Food and catering. The Committee notes the Government’s indication, in reply to its previous request, that it will take into account the comments of the Committee when reviewing the Maritime Labour Bill. The Committee requests again the Government to adopt without delay the necessary measures to give effect to the provisions of the Convention and to ensure that: (i) ships that fly its flag meet the minimum standards with respect to food and drink supplies, having regard to the duration and nature of the voyage (Standard A3.2, paragraph 2(a)); (ii) all ships operating with a prescribed manning of ten or more carry a fully qualified cook (Standard A3.2, paragraph 5); (iii) in circumstances of exceptional necessity, the limitation of a dispensation permitting a non-fully qualified cook to service in a specified ship only until the next convenient port of call or for a period not exceeding one month (Standard A3.2, paragraph 6); (iv) documented inspections are carried out in scheduled frequency, in accordance with the ongoing compliance procedure under Title 5 (Standard A3.2, paragraph 7); and (v) ships’ cooks are at least 18 years old (Standard A3.2, paragraph 8).

Regulation 4.1 and the Code. Medical care on board ship and ashore. The Committee notes that, in response to its previous request, the Government has communicated an example of the standard medical report form for seafarers pursuant to Standard A4.1, paragraph 2 and a copy of Marine Notice 7 of 2009 on the Ship’s Medicine Chest which prescribes the requirements for the medicine chest and medical equipment and for the medical guide, as provided for under Standard A4.1, paragraph 4(a). With respect to the obligation provided for under Regulation 4.1, paragraph 3 that seafarers on board ships voyaging in the country’s waters or visiting its ports shall be given access to medical facilities on shore when in need of immediate medical or dental care, the Government states that a number of medical evacuations have been conducted in Mauritius by foreign vessels and that access to medical facilities is coordinated by the Ship’s Port Agent. The Committee takes note of this information and expects the Government to adopt the necessary measures, without delay, to give full effect to the detailed requirements of Regulation 4.1 and the Code.

Regulation 4.2 and the Code. Shipowners’ liability. Referring to its previous comments, the Committee notes the Government’s indication that all workers insured under Sub-Part III of the Social Contribution and Social Benefits Act 2021 are covered for any industrial injury benefits. Noting that the Merchant Shipping Act and the Maritime Labour Bill still refer to the Workmen’s Compensation Act, the Committee requests the Government to clarify the national provisions applicable to seafarers that provide material assistance and support from the shipowner with respect to the financial consequences of sickness, injury or death occurring while they are serving under a seafarers’ employment agreement or arising from their employment under such agreement, as provided for under Regulation 4.2 and the Code. Noting the Government’s indication that the Maritime Labour Bill is under review, the Committee accordingly urges the Government to review it in light of its previous comments, to ensure the full conformity of its legislation with Standard A4.2.1 and to adopt the necessary measures in the near future. The Committee also requests again the Government to ensure that in no case shall the ratification of the Convention be used as a basis for reducing existing levels of protection (article 19(8) of the ILO Constitution).

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. The Committee observes that the Government has provided a copy of a certificate of insurance or other financial security containing the information required in Appendix A4-I of the Convention, as provided for under Standard A4.2.1, paragraph 14. Noting the Government’s indication that it will take into account the Committee’s comments with respect to the implementation of the 2014 amendments to the Code when reviewing the Maritime Labour Bill, the Committee requests the Government toadopt the necessary measures without delay to ensure that full effect is given to these provisions of the Convention and to provide updated information on the progress made in this regard.

Regulation 4.3 and the Code. Health and safety protection and accident prevention.Noting that until the Maritime Labour Bill is adopted, the national measures in force do not give effect to the detailed requirements of Regulation 4.3 and Standard A4.3, the Committee requests the Government to adopt the necessary measures, without delay, to give effect to this requirement of the Convention.

Regulation 4.4 and Standard A4.4, paragraph 3. Access to shore-based welfare facilities. Welfare boards. In reply to the Committee’s previous comment, the Government has provided information with respect to the composition of the Seafarers Welfare Fund Board and of the Board of the Mauritius Sailors Home Society, as well as on their activities. The Committee takes note of this information, which addresses its previous request.

Regulation 4.5 and the Code. Social security. The Committee notes the Government’s indication, in reply to its previous request, that all workers insured under the Social Contribution and Social Benefits Act 2021 and the National Pensions Act are covered for social benefits under the Acts. The Committee observes that these Acts regulate some of the declared branches of social security for which protection is provided. The Committee however notes that no references to implementing legislation were provided in relation to unemployment benefit and employment injury benefit. The Committee requests the Government to specify the applicable national provisions, including details of the benefits provided under the two branches mentioned above. The Committee also requests again the Government to indicate whether seafarers ordinarily resident in Mauritius working on ships operating under the flag of another country are provided with social security protection, as required under Regulation 4.5 and the Code, and to indicate any bilateral or multilateral arrangements in which Mauritius participates in relation to social security protection, including the maintenance of rights acquired or in the course of acquisition (Regulation 4.5, paragraph 2, and Standard A4.5, paragraphs 3, 4 and 8).

Regulation 5.1 and the Code. Flag State responsibilities.Noting the Government’s indication that it will take into account the Committee’s comments when reviewing the Maritime Labour Bill, the Committee reiterates its request to the Government to adopt the necessary measures without delay to ensure compliance with all the aspects of this provision of the Convention.

Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. Referring to its previous comment, the Committee notes the Government’s indication that the measures taken to give effect to Regulation 5.1.2 are covered under the individual agreement of Delegation of Authority signed between the Recognised Organisation (RO) and the Ministry. The Committee notes, however, that the Government has not provided examples of the agreements signed with such organizations. The Committee further observes that the Government does not specify the functions that ROs have been authorized to carry out on its behalf within the scope of the Convention, and the applicable provisions in this respect. The Committee therefore reiterates its request to the Government to indicate the measures taken to give effect to Regulation 5.1.2 and to provide an example of an agreement with a classification society (Regulation 5.1.2, paragraph 2).

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. The Committee notes that the Government has supplied a copy of the DMLC, Part I, and an example of DMLC, Part II, which has been drawn up by a shipowner and certified by the competent authority. The Committee requests once again the Government to adopt without delay the necessary measures to give effect to Regulation 5.1.3 and the Code and to revise the DMLC, Part I once the Maritime Labour Bill is adopted, to reflect the national requirements embodying the relevant provisions of the Convention (including a reference to the relevant national legal provisions), and to supply a copy thereof once approved.

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. In reply to the Committee’s previous comment, the Government has communicated a copy of the Training book for surveyors and inspectors of the Shipping Division, which prescribes the qualifications and training required for flag State inspectors carrying out inspections under the Convention. The Committee, however, observes that this Training book specifies that the Maritime Labour Compliance Inspection is limited to vessels that are required to carry a Declaration of Maritime Labour Compliance and a Statement of Compliance with the MLC, 2006 and does not establish the requirements for all ships covered by the Convention to be inspected for compliance with the Convention’s requirements at least every three years, as required under Regulation 5.1.4, paragraph 1 and Standard A5.1.4, paragraphs 1 and 4. The Committee observes again that section 128 of the Maritime Labour Bill, as currently drafted, also limits the requirement for ships to be inspected for compliance with the specific working and living conditions set out in the DMLC. The Committee accordinglyrequests the Government to take the necessary measures to give full effect to Regulation 5.1.4, paragraph 1, and Standard A5.1.4, paragraphs 1 and 4, which require ships to be regularly inspected regarding the requirements of the entire Convention.The Committee also requests the Government to indicate how it ensures conformity with Standard A5.1.4, paragraph 7(c), providing that inspectors are empowered to detain a ship until necessary actions are taken when they have grounds to believe that deficiencies constitute a serious breach of the requirements of the Convention (including seafarers’ rights).

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaints procedures. The Committee notes the Government’s indication, in reply to its previous request, that it will initiate consultations and take into account the comments of the Committee when reviewing the Maritime Labour Bill. The Committee observes that the Government has supplied a copy of the on-board complaint procedures, in compliance with the requirements of Regulation 5.1.5 and the Code. The Committee takes note of this information and requests the Government to adopt without delay the necessary laws and regulations to give effect to Regulation 5.1.5 and the Code.

Regulation 5.1.6, paragraph 1. Flag State responsibilities. Marine casualties. Official inquiry. The Committee notes the Government’s explanation, in response to its previous request, that its comments will be taken into account when reviewing the Maritime Labour Bill and any amendments to other legislation will also be considered. Recalling that, in accordance with Regulation 5.1.6, each Member must hold an official inquiry into any serious marine casualty, leading to injury or loss of life, that involves a ship that flies its flag, the Committee requests the Government to take the necessary measures to amend its legislationto give full effect to this provision of the Convention.

Regulation 5.2.1 and the Code. Inspections in port.Noting the Government’s indication that it will take into account the Committee’s comments when reviewing the Maritime Labour Bill, the Committee reiterates its request to the Government toadopt the necessary measures without delay to ensure the conformity of the national legislation with these requirements of the Convention.Noting also the Government’s indication that there are currently no Port State Control Officers in post but that procedures are underway to recruit officers from overseas, the Committee requests the Government to provide updated information in this regard and on any port State inspection activities carried out according to Standard A5.2.1.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures.Noting the Government’s indication that it will take into account the Committee’s comments when reviewing the Maritime Labour Bill, the Committee reiterates its request to the Government toadopt the necessary measures without delay to ensure the conformity of the national legislation with these requirements of the Convention.