Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Mauritius (Ratification: 1969)

Article 1 of the Convention. Equal treatment. For many years, the Committee has been drawing the Government’s attention to section 3 of the National Pensions (Non-Citizens and Absent Persons) Order, 1978, as amended by the National Pensions Act, under which foreign nationals may not be affiliated to the insurance scheme unless they have resided in Mauritius for a continuous period of not less than two years. Foreign workers who do not meet this residence condition are covered by the Workmen’s Compensation Act. However, this latter Act does not establish a level of protection that is equivalent to that guaranteed under the national pensions scheme in the event of employment injury. In its last report, the Government indicates, as it did in 2001, that section 3 of the Order of 1978 referred to above has not yet been amended, but that the observations made by the Committee of Experts will be taken into account in the process of revision of the National Pensions Act and its implementing regulations. It however adds that the Bill is now in the drafting stage and that the ministry responsible has been requested to complete the process of bringing the national legislation into conformity with the Convention rapidly.

The Committee takes due note of this information. It recalls that, under the terms of Article 1, paragraph 2, of the Convention, equality of treatment in respect of workmen’s compensation shall be guaranteed without any condition as to residence to the nationals of any other Member which has ratified the Convention and who are the victims of employment injury. The Committee trusts that the Government will be in a position to provide information in its next report on the progress achieved towards the amendment of section 3 of the Order of 1978 referred to above so as to bring its legislation into conformity with the Convention.

[The Government is asked to reply in detail to the present comments in 2008.]