Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

Abolition of Forced Labour Convention, 1957 (No. 105) - Mauritius (Ratification: 1969)

1. Article 1(c) and (d) of the Convention. In its earlier comments the Committee noted that under section 183(1)(a), (b), (c) and (e), read together with section 184(1) of the Merchant Shipping Act, No. 28 of 1986 (which entered into force on 15 January 1991 by virtue of Proclamation No. 1 of 1991), certain breaches of discipline by seamen (such as desertion, neglect or refusal to join the ship, absence without leave, neglect of duty) are punishable by imprisonment (involving an obligation to perform labour), and that under section 183(1), (3) and (4), seamen who are not citizens of Mauritius, and who commit such offences, may be conveyed on board ship for the purpose of proceeding to sea.

Referring to paragraphs 110-125 of its 1979 General Survey on the abolition of forced labour, the Committee recalled that, in order to be compatible with the Convention, the provisions mentioned above should be restricted to punishing breaches of labour discipline that endanger the safety of the ship or the life or health of persons on board.

In its latest report, the Government indicates that it is proposed to amend the Merchant Shipping Act to make it compatible with Convention No. 105 and other international Conventions and that the Government is seeking assistance from the International Labour Office and the International Maritime Organization with a view to making necessary amendments to the Act, including sections 183 and 184.

The Committee hopes that the Government will be able to indicate, in the near future, that sections 183 and 184 of the Merchant Shipping Act have been amended, so as to ensure compliance with the Convention on this matter.

2. Article 1(d). In comments it has been making for many years, the Committee has observed that under sections 82 and 83 of the Industrial Relations Act, 1973, submission of any industrial dispute to compulsory arbitration is left to the discretion of the minister. The decision handed down following this procedure is enforceable (section 85) and any strike becomes unlawful (section 92). Finally, participation in a strike thus prohibited may be punished by imprisonment (section 102) involving compulsory labour (section 35(1)(a) of the Reform Institutions Act). The Committee observed that these provisions are incompatible with Article 1(d) of the Convention. It pointed out that for provisions regarding compulsory arbitration, enforceable with sanctions involving compulsory labour, to be compatible with the Convention, their scope should be limited to essential services in the strict meaning of the term (namely those the interruption of which would endanger the life, personal safety or health of the whole or part of the population).

The Committee notes the Government's indication in its report that a draft amendment bill, intended to revise the Industrial Relations Act, 1973, will be examined by the authorities concerned and consideration will be given to the observations made by the Committee. The Government adds that section 102(1) of the Industrial Relations Act has not been applied during the period under review.

Recalling that for a number of years the Government has indicated that no sanctions have been applied by virtue of the abovementioned provisions, referring also to bills intended to modify them, the Committee trusts that the Government will not fail to take, in the very near future, the necessary measures to bring the legislation into conformity with the Convention on this point, and that it will supply information on the provisions adopted to this effect.