Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Mauritius (Ratification: 1969)

The Committee, for many years, has been drawing the Government’s attention to the fact that the Workmen’s Compensation Act (Cap. 220), which covers certain categories of workers excluded from the application of the National Pensions Act, 1976, does not contain any provisions giving effect to Article 5 (the principle of the payment of compensation in the form of periodical payments in the case of permanent incapacity or death), Article 7 (additional compensation for workmen injured in such a way as to require the constant help of another person), Article 9 (free entitlement to the necessary medical and surgical aid), Article 10 (supply and renewal of artificial limbs and surgical appliances) and Article 11 (guarantees against the insolvency of the employer or insurer) of the Convention. Since 1999, the Government has indicated that a merger was envisaged of the Workmen’s Compensation Act and the National Pensions Act (NPA) to ensure the full application of the Convention. In its latest report, the Government indicates that the delay in finalizing the Bill is due to the fact that the Ministry of Social Security, National Solidarity and Reform Institutions has embarked on a wider examination of the NPA with a view to amend it holistically. The draft Bill will be introduced to the National Assembly as soon as it has been approved by the State Law Office. The Committee hopes that the draft law will be adopted soon and that it will include the provisions giving full effect to the abovementioned Articles of the Convention. It would also appreciate receiving a copy of the draft Bill when the State Law Office review process has been completed.