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

Forced Labour Convention, 1930 (No. 29) - Mauritius (Ratification: 1969)

1. Prison work imposed as a consequence of a conviction. The Committee has noted with interest that, under article 6 of Standing Order No. 16 of 29 August 1997 concerning the employment of prisoners, an unconvicted detainee is to be allowed to work, if he or she so wishes.

2. Prison work for private individuals, companies or associations. The Committee has previously noted the Government’s indication that prisoners are not allowed to work for private individuals, companies or associations, and it had asked the Government to communicate a copy of the texts regulating the employment of prisoners. The Committee notes the Prison Regulations of 1989 and the Ordinance (Standing Order No. 16) of 1997 concerning employment of prisoners communicated by the Government. The Committee notes that under the terms of article 16 of the Prison Regulations, the type of work imposed on a prisoner must be authorized by the Commissioner of Prisons, and it also notes the repeated indications of the Government according to which work imposed on prisoners consists solely of activities that contribute to their rehabilitation such as domestic duties in the prisons or vocational and rehabilitation activities. The Committee recalls that, under Article 2, paragraph 2(c), of the Convention, prisoners may not be hired to or placed at the disposal of private individuals, companies or associations and that this prohibition includes private undertakings charged with the execution of public works. The Committee asks the Government to indicate the rehabilitation activities that can be authorized by the Commissioner of Prisons and to communicate copies of relevant decisions authorizing such activities.

3. The Committee notes that under article 5 of the Ordinance concerning the work of prisoners (Standing Order No. 16 of 29 August 1997), it is prohibited for prisoners to be compelled to work in the service of another detainee or an officer or for the private benefit of any person. The Committee observes, nevertheless, that according to article 16(2) of the Prison Regulations of 1989, adopted under section 66 of the Reform Institutions Act of 1988 (Government Notice No. 19 of 1989), a prisoner may work in the service of a member of prison personnel with the authorization of the Commissioner of Prisons. The Committee asks the Government to indicate the cases in which a prisoner can be authorized by the Commissioner to perform such work and the conditions under which such work is carried out.

4. Work under community service orders. The Committee notes that the Community Service Order Act (CSOA), 2002, which entered into force on 18 November 2002, provides that as an alternative to imprisonment a court is entitled to suspend a sentence of imprisonment or a custody order and instead make a community service order "requiring the convicted person to perform unpaid work in the open for a specified period". The CSOA applies in cases where: a person is convicted of an offence and sentenced to a term of imprisonment not exceeding two years (section 3(1)); or where a court-ordered fine not exceeding 10,000 rupees remains unpaid and the convicted person undergoes a period of imprisonment in lieu of the payment of the fine (section 3(3)). The Act stipulates, as "preconditions" for a community service order, that the convicted person must give his or her consent to the order, and that the court must "ensure that the work to be performed by the convicted person will benefit the State, a statutory body, a charitable institution, or a voluntary organization" (section 4). The duration of work performed under a community service order must not be less than 60 hours or more than 300 hours, spanning a period of not more than 12 months (section 5(1)). It is for the court to specify the "conditions" of a community service order, which include, among other things, "the place where the convicted person shall perform work" (section 6(1)(c)) and "the name and location of … any charitable or voluntary institution or organization as may be prescribed for which the convicted person must work" (section 6(1)(e)).

5. The Committee notes the contents of the Community Service Order Regulations, 2002, which the Government has appended to its report, and that under the Probation and After Care Service of the Government has responsibility for "the overall supervision of persons subjected to a community service order" (paragraph 3(2)), while the institution offering work under a community service order is responsible for "the monitoring of work performance and attendance at the place of work" (paragraph 5).

6. The Committee requests information from the Government as to the criteria used by the judicial or other authorities in deciding which voluntary and charitable institutions and organizations are to participate in providing work under community service orders in order to ensure that they are not for profit.