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

Migration for Employment Convention (Revised), 1949 (No. 97) - Mauritius (Ratification: 1969)

The Committee takes note of the information supplied by the Government's report. It points out that by virtue of section 4(2) and (3) of Act No. 39 of 1993 respecting the recruitment of workers, unless otherwise authorized by the Minister, a person may not be recruited for work abroad without producing a certificate showing that they have not been convicted over the previous ten years of any crime or offence. The authorization of the Minister must be based on the nature of the act for which the worker has been found guilty and the time which has passed.

The Committee notes that Article 4 of the Convention provides that measures shall be taken to facilitate the departure of migrants for employment. It also notes that article 6(1) of the International Covenant on Economic, Social and Cultural Rights, which has been ratified by Mauritius, recognizes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and requires States Parties to the Covenant to take adequate measures for the realization of this right.

The Committee requests the Government to indicate the cases in which the Minister has either issued or refused to issue an authorization under section 4(3) of Act No. 39 of 1993, as well as the grounds for any refusals.

[The Government is asked to report in detail in 1996.]