Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Mauritius (Ratification: 1969)

The Committee has taken note of the reports submitted by the Government.

With reference to its previous observations and comments concerning the need to include in the labour legislation an express provision protecting workers' organisations against acts of interference, in accordance with Article 2 of the Convention, the Committee notes that, according to the Government, problems of interference have not arisen in Mauritius and cannot exist in view of the prevailing trade union pluralism. Although the Government adds that there is no urgent need to amend the legislation, a Special Law Review Committee is presently considering the Industrial Relations Act; if and when that Act is amended, the Government says it will take this opportunity to incorporate an express amendment for the protection of workers' organisations against acts of interference.

The Committee notes that the Government seems to agree on the principle of such an amendment and that, as early as 1980, the Government requested and obtained technical advice from the ILO, by way of examples of provisions deemed satisfactory for the above purposes. The Committee further recalls that the Government stated in its 1984 report that the repealing and replacement of the Industrial Act was under active consideration, and that the Mauritius Labour Congress indicated the same year that a committee set up to examine the replacement of the 1973 Industrial Act had submitted its report.

Recalling, as it did in its 1983 General Survey (paragraphs 283 and 284) that specific legislative provisions accompanied by sufficiently effective and dissuasive sanctions should be adopted to ensure that protection, the Committee hopes that such measures will be adopted and requests the Government to keep it informed of any development in this regard.