Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Mauritius (Ratification: 2005)

The Committee notes with interest the adoption of the Police (Membership of Trade Unions) Act 2016 granting police officers the right to organize.

Article 2 of the Convention. Right of workers to establish and join organizations without distinction whatsoever. Migrant workers. In its previous comment, the Committee had requested the Government to provide information on measures taken or envisaged to ensure that migrant workers may effectively exercise in practice the right to establish and join organizations of their own choosing. The Committee notes the information provided by the Government on the activities undertaken by the Special Migrant Workers’ Unit. It further notes the statistics provided by the Government on the membership of ten trade unions also operating in export processing zones (EPZs) and open for migrant workers to join, and notes the Government’s indication that no records are available with regard to the number of migrant workers who are union members, as trade unions are not bound by law to disclose the nationality of their members. The Committee observes in this regard that, under section 13 of the Employment Relations Act 2008 (ERA), both a citizen of Mauritius and a non-citizen holding a work permit are entitled to be a member of a trade union. Noting the Government’s indication that a revision of the Employment Rights Act and the ERA is under way, the Committee requests the Government to take necessary measures, within the framework of the current labour law review, to ensure that all migrant workers, whether in a regular or irregular situation, enjoy, in law and in practice, the right to establish as well as join organizations without distinction whatsoever. Noting from the information supplied by the Government that two out of ten trade unions operating in EPZs are in the process of dissolution, the Committee also requests the Government to provide information on the precise grounds therefor and the outcome of any related proceedings, and the impact on the rights of migrant workers to exercise their rights under Article 2 of the Convention.

Self-employed workers. The Committee notes the Government’s indication in its 2016 report under the Right of Association (Agriculture) Convention, 1921 (No. 11), that there is no legal provision in the current labour legislation granting trade union rights to self-employed workers in the agricultural or any other sector in Mauritius. The Committee requests the Government to hold consultations with social partners and other interested parties with the aim of ensuring, within the framework of the current revision of the Employment Rights Act and the ERA, that all workers, including self-employed workers, enjoy the right to establish and join organizations without distinction whatsoever.

The Committee reminds the Government that it may avail itself of technical assistance from the Office with respect to all issues raised in its present comments.

The Committee is raising other matters in a request addressed directly to the Government.