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

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP) received with the Government’s report.

Article 2(1) of the Convention. Scope of application, labour inspection and application in practice. The Committee notes the Government’s indication, in its report, that during the reporting period, 25,269 inspections were conducted, with 7,609 inspections specifically undertaken to detect cases of child labour, and that no case of child labour was detected. The Government adds that one case of child labour was reported to the Ministry of Labour and Industrial Relations (MoL) and that the case has been referred for prosecution.

The Committee notes that the CTSP, in its observations, alleges that children under the minimum age for work are increasingly found to be engaged in work, including during school hours, in the private sector and the informal economy. According to the CTSP, the rise of the cost of living and of poverty is the main driver for this trend, leading to children dropping out of compulsory education to provide financial support for their families.

The Committee notes the Government’s reply to the CTSP’s observations that: (1) the Workers’ Rights Act 2019 strictly prohibits child labour and provides for robust penalties; (2) anyone can report a case of violation or non-compliance with the labour legislation to the MoL or through other channels; (3) the MoL wrote to the CTSP in July 2025 to request it to report on any cases of child labour to the relevant authorities; and (4) both announced and unannounced labour inspections are undertaken in all sectors of employment. The Committee requests the Government to provide: (i) information on the measures taken to strengthen the capacities of the labour inspection services with a view to ensuring the detection of cases of child labour in all sectors of the economy; and (ii) statistical data on the nature, scope and trends of child labour in the country, indicating the economic activity sectors in which child labour is likely to be more frequent. The Committee also requests the Government to continue to provide information on the number and nature of the violations found or reported and the penalties imposed.

Article 2(2). Raising the minimum age for admission to employment or work. The Committee notes that, according to the Workers’ Rights Act 2019, no person under the age of 16 years shall be employed or work in any occupation. The Committee requests the Government to consider the possibility of notifying the ILO Director-General, with a new declaration, that the minimum age specified at the time of ratification of the Convention has been raised from 15 to 16 years, in accordance with Article 2(2) of the Convention.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2(1) of the Convention. Minimum age for admission to employment. In its previous comments, the Committee had noted with satisfaction that the Labour Act was amended in 2006 to raise the minimum age for employment to 16 years (section 3(a) of the Labour (Amendment) Act 2006) from the age of 15 years specified at the time of ratification. The Committee takes this opportunity to draw the Government’s attention to the provisions of paragraph 2 of Article 2 of the Convention, which provides that any Member having ratified this Convention may subsequently notify the Director-General of the International Labour Office, by a new declaration, that it has raised the minimum age that it had previously specified. The Committee would be grateful if the Government would consider the possibility of sending a declaration of this nature to the Office.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 9, paragraph 3, of the Convention. Registers of employment. The Committee had previously noted that, by virtue of sections 48 and 49 of the Labour Act, an employer who has 15 or more workers should keep a register of workers. Noting that the 2006 amendments to the Labour Act did not consider sections 48 and 49 of the Labour Act, the Committee had urged the Government to take without delay, the necessary measures to ensure conformity with Article 9(3) of the Convention. The Committee notes with interest the Government’s information that according to section 13 of the new Employment Rights Act of 2008, an employer shall keep a record containing the name, address, date of birth and such other details of every young person employed by him.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3, paragraph 3, of the Convention. Authorization to undertake hazardous work as from 16 years. The Committee had previously noted that, according to sections 2 and 28 of the Occupational Safety, Health and Welfare Act No. 34 of 1988, 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 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. It had subsequently noted the Government’s information that the provisions regarding the minimum age for admission to hazardous work were included in section 8 of the draft Occupational Safety and Health Bill of 2005. Noting that section 2 of this Bill defines a “young person” as a person between 16 and 18 years, the Committee had expressed the hope that this Bill would soon be adopted.

The Committee notes with satisfaction the Government’s information that Occupational Safety and Health Act No. 28 of 2005 was adopted and came into force on September 2007.

Article 9, paragraph 1, and Part III of the report form. Penalties. The Committee had previously observed that in the two cases of violations of child labour detected by the labour inspectorate during the period from June 2005 to May 2007, the employers who employed the children in breach of the provisions giving effect to the Convention were not prosecuted or punished. Accordingly, the Committee had requested 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 adequate penalties are imposed. The Committee notes with interest the Government’s information that the Labour and Industrial Relations Officers undertake systematic inspections at all places of work, including formal and informal sectors of employment, and whenever any case of child labour is detected, such employment is stopped and criminal action is taken against the offenders. It further notes the Government’s statement that among the four cases of child employment involving four children detected during the period from June 2007 to May 2009, criminal action was taken in two cases and a fine of 2,400 rupees (INR) each were imposed on the employers. The Committee finally notes that the penalty for employing children has been increased from INR2,000 (according to the Labour Act 1975) to INR10,000 according to the newly adopted Employment Rights Act 2008.

The Committee is raising other points in a request addressed directly to the Government.

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

The Committee notes the Government’s report.

Article 2, paragraph 1, of the Convention. Scope of application. In its previous comments, the Committee had noted that the Labour Act excludes self‑employment from its scope of application. It had noted the Government’s indication that the scope of application of the Labour Act will not be extended to self-employed children considering the foreseeable difficulties for the detection, monitoring and enforcement of legal provisions in this type of employment. The Committee had requested the Government to take the necessary measures to ensure that self-employed children benefit from the protection laid down in the Convention. The Committee notes the Government’s information that adequate provisions exist in the law prohibiting self-employed children. In fact, the Education Act provides that any responsible party of a child under 16 years who, without reasonable cause, refuses or neglects the child to attend school regularly shall commit an offence and shall on conviction be liable to a fine not exceeding 10,000 rupees or to a term of imprisonment not exceeding two years. The Committee also notes that section 3 of the Occupational Safety and Health Bill of 2005, which includes provisions on hazardous work, applies to work performed by a self-employed person.

Article 9, paragraph 3. Registers of employment. In its previous comments, the Committee had noted that, by virtue of sections 48 and 49 of the Labour Act, an employer who has 15 or more workers should keep a register of workers. It had noted that, notwithstanding the Government’s indication that discussions were ongoing concerning the Labour Act amendments, the 2004 amendments did not concern sections 48 and 49, which remained the same. The Committee notes the Government’s information that in the context of the review of the Labour Act, consideration is being given to comply with the provision of this Article. The Committee, however, once again observes that the 2006 amendments to the Labour Act do not concern sections 48 and 49 of the same Act. The Committee accordingly once again urges the Government to take, without delay, the necessary measures to ensure that, in conformity with Article 9, paragraph 3, of the Convention, all employers, regardless of the number of workers they employ, are obliged to keep registers that shall contain the names and ages or date of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age.

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

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.

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

Article 2, paragraph 1, of the Convention. Scope of application. In its previous comments, the Committee had noted that, by virtue of section 7(1) and (2) of the Labour Act, it is prohibited to "enter into an agreement" with a child under 15 years of age. It also noted that an agreement refers to "a contract of employment, whether oral or written, implied or express" (section 2 of the Labour Act). It had consequently noted that the Labour Act excludes self-employment from its scope of application.

The Committee notes the Government’s indication that, for the time being, the scope of application of the Labour Act will not be extended to self-employed children considering the foreseeable difficulties for the detection, monitoring and enforcement of legal provisions in this type of employment. Indeed, the Committee observes that the Labour Act, which was amended in April 2004, does not contain provisions regarding the protection of self-employed children. The Committee reminds the Government that the Convention applies not only to work performed under an employment contract, but to all types of work or employment, including self-employment. The Committee notes that the Government  did not, at the time of ratification, avail itself of the possibility to exclude limited categories of employment in respect of which special and substantial problems of application arise, in accordance with Article 4, paragraph 1, of the Convention. The Committee accordingly requests the Government to take the necessary measures to ensure that self-employed children benefit from the protection laid down in the Convention.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee had noted the Government’s indication that the programme "Zone d’Education Prioritaire" was launched in 2003 to cater for children in deprived regions and reduce the number of school drop-outs. It had also noted that the school leaving age was 13 years, whereas the minimum age specified by Mauritius for admission to employment or work was 15 years.

The Committee notes, with interest, that the Education Act was amended by Act No. 44 of 8 December 2004 to extend compulsory schooling to 16 years of age (section 37 of the Education Act as amended). It also notes the Government’s indication that consideration is being given to the possibility of raising the minimum age for admission to employment to 16. It further observes that the amendment made to the Labour Act in 2004 did not concern the minimum age for admission to employment, which remains at 15 by virtue of section 5.

The Committee is of the view that compulsory education is one of the most effective means of combating child labour and it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If young persons are legally entitled to work before the end of completion of compulsory schooling, children from poor families might be tempted to drop out of education and work in order to earn money [see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, and Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140]. The Committee therefore considers it desirable to ensure that the minimum age for admission to employment is not lower than the age of completion of compulsory education.

Noting that the minimum age for admission to employment is less than the age of completion of compulsory schooling, the Committee encourages 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 in conformity with Article 2, paragraph 3, of the Convention.

Article 6. Apprenticeship. The Committee notes the Government’s indication that the Industrial and Vocational Training Board, pursuant to the adoption of the Education (Amendment) Act of 2004 which raises the age of completion of compulsory schooling to 16, has initiated action for the amendment of the Industrial and Vocational Training Regulations of 1994 in order to raise the minimum age for admission to apprenticeship to 16. The Committee takes due note of this information.

Article 9, paragraph 3. Registers. In its previous comments, the Committee had noted that, by virtue of sections 48 and 49 of the Labour Act, an employer who has 15 or more workers should keep a register of workers. It had also noted the Government’s indication that discussions were ongoing concerning the Labour Act amendments. The Committee observes that the Labour Act was amended in 2004 but sections 48 and 49 of the Labour Act remain the same. The Committee accordingly urges the Government to take, without delay, the necessary measures to ensure that, in conformity with Article 9, paragraph 3, of the Convention, all employers, regardless of the number of workers they employ, are obliged to keep registers that shall contain the names and ages or date of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age.

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

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.

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

The Committee takes note of the Government’s report, and requests the Government to supply further information on the following points.

Article 2, paragraph 1, of the Convention. Self-employment. Further to its previous comments, the Committee notes that section 7(1) and (2) of the Labour Code is applicable to an agreement which is defined as a contract of employment, whether oral or written, implied or express. The Labour Code therefore appears to exclude self-employment from its application. The Committee recalls that the Convention applies not only to work under an employment contract but to all types of work or employment. The Committee requests the Government to indicate in its next report any measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee takes note of the statement made by the Government that the education system reforms and construction of new secondary schools are still ongoing. The Committee also notes that the programme "Zone d’Education Prioritaire", meant to cater for children in deprived regions and reduce the number of school dropouts, is being implemented as from the year 2003. The Committee notes that according to the information provided by the Government, new legislation in favour of compulsory 11-year schooling will be adopted in due course. The Committee recalls that at present the school leaving age is 13 years, whereas the minimum age specified by Mauritius for admission to employment or work is 15 years. There accordingly appears to be a difference of two years between the two ages. The Committee considers that the requirement of Article 2(3) of the Convention is fulfilled since the minimum age for employment is not less than the age of completion of compulsory education. The Committee, nevertheless, is of the view that compulsory education is one of the most effective means of combating child labour and that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be an enforced period of idleness (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, and report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. Consequently, the Committee once again requests the Government to continue providing information on the ongoing education system reforms, and requests the Government to provide a copy of the new legislation as soon as it is adopted.

Article 3. Hazardous work. In its previous comments, the Committee expressed the hope that the review process of the Occupational Safety, Health and Welfare Act, 1988, would soon be completed and asked the Government to provide a copy of the abovementioned Act once it had been amended. In its report, the Government indicates that the provisions of Article 3 of the Convention will soon be submitted for tripartite consultation at the Occupational Safety, Health and Welfare Advisory Council, whose recommendation will be resubmitted to the technical committee reviewing the Occupational Safety, Health and Welfare Act (Act No. 34 of 1988). The Government indicates that this review exercise is still ongoing. The Committee hopes once again that the review process will soon be completed and asks the Government to provide a copy of the abovementioned Act once amended.

The Committee previously requested the Government to supply information on consultations with employers’ and workers’ organizations concerning any hazardous work other than such work on board Mauritius-registered ships, to be prohibited for a person under the age of 18 years. The Committee takes note of the information provided by the Government in its report according to which consultations have been held with the social partners on the amendment of the Occupational Safety, Health and Welfare Act and are ongoing at the level of the Advisory Council on Occupational Safety and Health on specific issues such as chemical safety, asbestos and electricity. The Committee also takes note of the Government’s statement that tripartite consultations on the amendment for the Labour Act are also ongoing at the Labour Advisory Board, a tripartite body established under the Labour Act of 1975.

Article 9, paragraph 3. Registers. In its previous comments, the Committee noted that under sections 48 and 49 of the Labour Act, an employer who has 15 or more workers in his employment is obliged to keep a register of workers, whereas the Convention requires every employer to keep a register of persons employed who are less than 18 years of age. The Committee noted the information provided by the Government that the major changes of the draft employment bill were being discussed at the level of the Labour Advisory Board. In its report, the Government indicates that the provisions relating to the keeping of registers by employers regarding employees have been incorporated in the draft employment bill which is still under discussion at the level of the Labour Advisory Board. The Committee once again expresses the hope that the amendments will be completed as soon as possible so as to fulfil the requirements of the Convention, and requests the Government to supply a copy of these amendments as soon as they are adopted. 

Part V of the report form. The Committee notes the information contained in the Government’s report about the manner in which the Convention is applied. It notes that, during the period under review, out of 4,777 enterprises visited, 17 infringements, involving 19 children were detected. It also notes that according to the Government’s report, in the same period 55 visits were conducted in Rodrigues but no case of child employment was detected. According to the Government’s report, the employment of these children was stopped forthwith and the employers concerned were warned verbally. The Committee notes the Government’s indication that it was not necessary to resort to prosecution since, in all instances, ensuing visits at these undertakings showed that children were no longer being employed. The Committee asks the Government to continue to provide information on the application of the Convention in practice.

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

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.

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

Also referring to its observation, the Committee notes the Government’s report and requests it to supply further information on the following points.

Article 2, paragraphs 1, 2 and 3, of the Convention. The Committee has noted, in its previous direct request, the Government’s indication that, in the action plan for a new education system, a nine-year compulsory and fundamental education cycle would be introduced, which would mitigate the problem of premature leaving at secondary level. The Committee has requested the Government to indicate when it planned to introduce the new education system and to continue providing information on the implementation of this new education system. The Committee notes from the Government’s report that the objective of the reforms in the education section is to cater for students up to 16 years old. It notes that the Government has the intention of coming up with the appropriate legislation in favour of compulsory 11-year schooling as soon as the programme of construction of secondary schools is completed. The Committee notes the Government’s statement that, with the extension of compulsory education up to 16, the earliest leaving age would be 16 which would be over the minimum working age. In this respect, the Committee brings the Government’s attention to Article 2, paragraph 3, which provides that the minimum age specified in pursuance of paragraph 1 of this Article shall not be less than the age of completion of compulsory schooling. In the light of these comments, the Committee requests the Government to continue providing information on the ongoing education system reforms and to provide a copy of the text of the new legislation as soon as it is adopted.

Article 3. The Committee has noted that the review exercise in connection with the Occupational Safety, Health and Welfare Act, 1988, was not over. It has noted the Government’s intention to amend section 28 of the said Act to make it consistent with the provisions of Article 3 of the Convention. The Committee notes the information contained in the Government’s report, according to which the abovementioned Act is presently being reviewed by a technical committee under the chairmanship of the Permanent Secretary, Ministry of Labour and Industrial Relations. It notes the Government’s indication that the provisions contained in Article 3 of the Convention have been incorporated in the bill. The Committee hopes that the review process will soon be completed and asks the Government to provide the Office with a copy of the abovementioned Act once it has been amended.

The Committee has also noted the Government’s indication that persons aged between 15 and 18 seeking employment may be employed on board ship on work which is not harmful to health, dangerous or otherwise unsuitable for a young person although the minimum age to be employed on board ship is 16. It has requested the Government to supply information on measures taken to ensure that persons between the ages of 15 and 18 should not be engaged in hazardous work on board ship. The Committee notes the information contained in the Government’s report according to which the Superintendent of Shipping ensures that persons under the age of 18 are not engaged in hazardous work on board Mauritius-registered ships. It notes that the prevailing register indicates that no case of employment of a person under 18 in sea service on board a Mauritius ship has been recorded.

The Government was also requested to supply information on consultations with employers’ and workers’ organizations concerning any other dangerous work to be prohibited for a person under the age of 18 years. In the absence of a reply from the Government on this point, the Committee is bound to repeat its request. It hopes to find the requested information in the Government’s next report.

Article 9, paragraph 3. The Committee has noted that, under sections 48 and 49 of the Labour Act, an employer who has 15 or more workers in his employment is obliged to keep a register of workers, containing the names and ages of workers, whereas the Convention requires every employer to keep a register of persons whom he employs or who work for him and who are less than 18 years of age. It has noted the Government’s indication that, in August 1999, the draft employment bill had been submitted to Cabinet, which decided that a ministerial committee should be set up to consider the implications of the proposed bill, and that the bill is still under consideration. The Committee notes the information contained in the Government’s report that the major changes of the draft employment bill are presently being discussed at the level of the Labour Advisory Board, a tripartite body established under the Labour Act, 1975. It again hopes that the amendments will be completed so as to fulfil the requirements of Article 9, paragraph 3, in the very near future.

Part V of the report form. The Committee notes the information contained in the Government’s report in relation with the practical application of the Convention. It notes that, during the period under review, 25 cases of child employment involving 30 children were detected and that the employers involved were warned verbally, no employers being prosecuted as they discontinued employing children as confirmed by ensuing visits. The Committee asks the Government to continue to provide information on the application of the Convention in practice.

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

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.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report and, in particular, the information regarding the application of Article 4 of the Convention. It requests the Government to supply further information on the following points.

Article 2, paragraph 1, of the Convention.  The Committee notes the Government’s indication that in the action plan for a new education system, one of the pillars of reform is the introduction of a cycle of nine-year compulsory and fundamental education up to the age of 15 years which would mitigate the problem of premature leaving at secondary level. The Committee requests the Government to indicate when it plans to introduce the new education system. It also requests the Government to continue to provide information on the implementation of this new education system.

Article 3.  The Committee notes that the review exercise in connection with the Occupational Safety, Health and Welfare Act 1988 is not over. It notes that the Government intends to amend section 28 of the said Act to make it consistent with the provisions of Article 3 of the Convention. It requests the Government to continue to supply information on any development made in this regard.

The Committee notes the Government’s indication that persons aged between 15 and 18 seeking employment may be employed on board ship on work which is not harmful to health, dangerous or otherwise unsuitable for a young person although the minimum age to be employed on board ship is 16. The Committee requests the Government to supply information on measures taken to ensure that persons between the ages of 15 and 18 should not be engaged in hazardous work on board ship.

It also requests the Government to supply information on consultations with employers’ and workers’ organizations concerning any other dangerous work to be prohibited for a person under the age of 18 years.

Article 9, paragraph 3.  Under sections 48 and 49 of the Labour Act, an employer who has 15 or more workers in his employment is obliged to keep a register of workers, containing the names and ages of workers, whereas the Convention requires every employer to keep a register of persons whom he employs or who work for him and who are less that 18 years of age. The Committee notes the Government’s indication that in August 1999, the draft employment bill had been submitted to Cabinet which decided that a ministerial committee should be set up to consider the implications of the proposed bill, and that the bill is still under consideration. It again hopes that the amendments will be completed so as to fulfil the requirements of Article 9, paragraph 3, of the Convention in the near future.

Part V of the report form.  The Committee takes note of the information on the practical application of the Convention, which indicates that during the period 1 June 1996 to 31 May 2000, 96 cases of child employment involving 112 children were detected. The Committee asks the Government to continue to supply information on the application of the Convention in practice.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

With reference to its observation, the Committee requests the Government to supply further information on the following points.

Article 2, paragraph 1, of the Convention. Further to its previous comment, the Committee requests the Government to supply information on the availability of school education, and also any development in the Master Plan of Education that would extend compulsory education up to the age of 16 years, as well as on their effect on the application of the Convention.

Article 3. The Committee notes that the Government refers again, in reply to its previous direct request, to the Merchant Shipping Act which sets the minimum age for admission to work on board ship at 18 years except for an apprentice working under supervision. However, the Committee has pointed out in its previous direct request, that the minimum age of 18 under section 49 of the Act does not apply when there is the written consent of the parent or guardian, and that the only particular work prohibited to persons under 18 is that in the engine room. In the absence of information in the Government's report, the Committee again requests the Government to supply information on conditions under which a person under 18 with the written consent of the parent or guardian is allowed to work (e.g. what type of work from what age). It asks the Government also to supply information on consultations with employers' and workers' organizations concerning any other dangerous work to be prohibited for a person under the age of 18 years.

The Committee also notes the Government's indication that the amendment of the Occupational Safety, Health and Welfare Act is under consideration. It hopes that section 28 of this Act will be brought into conformity with Article 3(3) of the Convention in the near future, and asks the Government to indicate any progress made in this regard.

Article 4. Regarding export processing zones (EPZs), the Committee notes the statement made by the Government delegation to the United Nations Committee on the Rights of the Child at its Thirteenth Session (October 1996), which examined its initial report. The Government recognized that the Labour Act was not in fact applicable to EPZs (paragraph 24 of CRC/C/SR. 333). The Committee recalls that the Government indicated in its first report that no use was made of the possibility of excluding limited categories of employment or work from the application of the Convention under Article 4 of the Convention, and asks the Government to supply information on the application of the Convention in EPZs, including any rules or regulations concerning child labour applicable in EPZs.

Article 9, paragraph 3. The Committee notes the Government's indication that the report made by the Technical Committee on the review of the Labour Act has already been submitted to the Government and is now under consideration by the Government and also that the tripartite Labour Advisory Board is called upon to advise on the amendments to be made to the Act. It hopes that the amendments will be completed so as to fulfil the requirements of Article 9, paragraph 3, of the Convention in the near future.

Point V of the report form. Further to the observation it is making, the Committee notes with interest the ample information on the practical application of the Convention supplied in the report. It also notes the initial report submitted to the United Nation's Committee on the Rights of the Child, in which the Government states that child labour is common in the island of Rodrigues (paragraph 157 of CRC/C/3/Add. 36). Therefore, the Committee asks the Government to continue to supply information on the application of the Convention in practice, in particular, that of the island of Rodrigues.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee takes note of the information supplied in the Government's report in reply to its General Observation (November-December 1995). It notes in particular the Government's efforts to improve the enforcement mechanism to eliminate child labour, for example by strengthening labour inspection and devoting a part of inspection time to detecting child labour, and taking education and sensitization measures so as to increase awareness of the illegality of child labour and its pernicious effects on the child's health and development. The Committee requests the Government to continue to supply information on such efforts to ensure application of the Convention. It asks the Government to reply also to the request it is addressing directly to the Government on certain points.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the Government's second report, and requests the Government to provide further information on the following points.

Article 2 of the Convention. With regard to the measures taken to prohibit, apart from formal employment, any kind of work of children, the Committee notes the information supplied by the Government, including the indication of an increased effort for vocational training of school drop-outs, with emphasis on the awareness-raising during workers' education sessions and training sessions on occupational safety and health. It requests the Government to continue to indicate measures taken or envisaged in this regard. The Committee in particular notes the information on the school-leaving age which is at present 13 years, and that it is proposed by the Master Plan of Education to extend compulsory education for children up to the age of 16 years. It requests the Government to report any development in this respect, including the actual availability of facilities.

Article 3. The Committee notes the information supplied by the Government in reply to the previous direct request concerning the consultations that took place regarding the Field Crop and Orchard Workers Regulations and the Occupational Safety, Health and Welfare Act.

As regards the lower age limit for work on board ship, the Committee notes the Government's indication that section 7(2)(c) of the Labour Act has been deleted. It notes that under section 49 of the Merchant Shipping Act, persons under the age of 18 are allowed to work on board ship if the written consent of the parent or guardian is obtained, and that the only particular work prohibited to persons under 18 is that in the engine room (with the exception of an apprentice working under supervision). The Committee notes, however, that the contract of apprenticeship cannot be signed unless the apprentice has attained the age of 16 under section 44 of the Act. It requests the Government to clarify the minimum age for admission to work on board ship other than under an apprenticeship contract. The Committee would also draw the Government's attention to the requirement under Article 3(2) of the Convention to consult the employers' and workers' organizations when determining the types of employment or work which may jeopardize the health, safety or morals of young persons.

The Committee notes the Government's indication that consideration will be given to amend section 28 of the Occupational Safety, Health and Welfare Act so as to bring it into line with Article 3(3). It asks the Government to indicate any progress made.

Article 9(3). The Committee notes the Government's indication that the Labour Act of 1975 is under review and that opportunity will be taken to bring its sections 48 and 49 into line with Article 9(3). It asks the Government to report on progress made.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the Government's first report on the application of the Convention. However, it would be grateful if the Government could provide additional information on the following points.

Article 2, paragraph 1, of the Convention. Section 7, subsection 1, of the Labour Act prohibits any person to enter into an agreement with a child, whereas this provision of the Convention prohibits not only employment, but any kind of work under the specified minimum age. The Committee asks the Government to indicate what measures have been taken to prohibit, apart from formal employment, any kind of work of children.

Article 2, paragraph 3. The Government has provided no information on the age of completion of compulsory schooling. The Committee asks the Government to provide the requested information.

Article 3, paragraph 2. The types of employment or work which by their nature or the circumstances in which they are carried out are likely to jeopardize the health, safety or morals of young persons shall be determined after consultation with the organizations of employers and workers concerned. The Committee requests the Government to provide information on consultations when determining such types of employment or work, especially as far as section 12 of the Field-crop and Orchard Workers Regulations, section 28 of the Occupational Safety, Health and Welfare Act and section 49 of the Merchant Shipping Act are concerned.

Article 3, paragraph 3. The Committee notes that the lower age limit set by section 7(2)(c) of the Labour Act, and by section 49 of the Merchant Shipping Act, authorizing work of young persons between 15 and 18 years of age on board ship, is one year below the limit set by this provision of the Convention. Furthermore, in both cases, the legislation makes no mention of the required adequate specific instruction or vocational training which young persons admitted to dangerous work are supposed to receive under the Convention. Please supply the required information concerning instruction or vocational training.

Under section 28 of the Occupational Safety, Health and Welfare Act, a young person between the age of 15 and 18 years may work at a machine, specified to be dangerous in the Third Schedule of the Act. Again, the lower age limit is one year below the limit set by the Convention.

The Committee hopes that the national legislation concerning the minimum age of the young persons concerned will soon be adjusted to be in conformity with this provision of the Convention.

Article 9, paragraph 3. Under sections 48 and 49 of the Labour Act, an employer who has 15 or more workers in his employment is obliged to keep a register of workers, containing the names and ages of workers, whereas the Convention requires every employer to keep a register of persons whom he employs or who work for him and who are less than 18 years of age. The Committee hopes that the national legislation will soon be brought into conformity with the Convention on this requirement. Please also provide the Office with a model of the register in question.