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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSPP) communicated with the Government’s report, as well as the corresponding reply of the Government.

Article 1 de la Convention. Migration flows and general agreements. The Committee notes that, in its reports, the Government indicates that: (1) the outward migration service provided by the Ministry of Labour, Human Resource Development and Training (MLHRDT) has been revamped over the last years; (2) the activities of such service have focused on recruitment projects with Canadian employers, with the Direction des Services d’ Immigration (DSI) of the Ministry of Immigration of Quebec as a main partner; and (3) the first edition of the “Journées Quebec Maurice” was organized by the DSI in partnership with the MLHRDT in December 2020. The Government adds that: (1) as of 30 June 2023, there were a total of 625 Mauritians placed in Quebec; (2) the sectors and types of jobs on offer were mainly in the Information and Communication Technology (ICT) sector, the manufacturing industry, food processing, health care and hospitality sector; and (3) the demand from Canadian employers for recruitment of Mauritians in these sectors is continuously increasing. The Committee notes from the statistical information provided by the Government that there is an increasing flow of emigrants to Canada over the years (36 workers in 2020, 56 in 2021, and 248 in 2022) with highest number in 2023 (265 workers, out of which 8 women workers). It also observes that, as of end of May 2023, a total of 36,942 foreigners have obtained valid work permits in Mauritius. All migrant workers with a work permit are employed on a fixed-term contract, hence on a temporary basis. Moreover, the Committee notes that 5,695 migrant workers were recruited for the period of January-June 2023, mainly coming from Bangladesh, China and India. The Committee asks the Government to continue to provide information on: (i) migration flows, in particular statistical data, disaggregated by sex, nationality and economic sectors; and (ii) any agreements on migration concluded with other governments.

Article 2. Adequate and free services for migrant workers. In response to the Committee’s previous request, the Government indicates that the Special Migrant Workers’ Unit (SMWU) of the MLHRDT is in charge of: (1) verifying and vetting contracts of employment of prospective migrant workers prior to their arrival to Mauritius; (2) carrying out inspections at workplaces to ensure that employers are complying with prevailing labour legislation and to ensure that the terms and conditions of employment are being complied with the vetted contract of employment and are also not less favourable than those of the local counterparts; (3) sensitizing migrant workers on issues related to the aspect of human trafficking; and (4) registering complaints and handling grievances from migrant workers, as well as initiating Court proceedings action against defaulting employers. Services are provided in English, French and Hindi. The Government also indicates that in 2022, 208 training sessions were provided by the SMWU. The Committee notes this information. However, it appears that the mandate of the SMWU, as described by the Government, is rather to look into the terms and conditions of employment of migrant workers in Mauritius and to ensure that their fundamental rights are being respected, than to provide emigrants and immigrants with accurate information. In this regard, the Committee wishes to recall that, for prospective migrants to be able to make a well-founded decision on whether to leave their home countries, they should have access to reliable and unbiased information on the formalities which must be completed, as well on the conditions of life and work which await them. Member States are therefore under an obligation either to provide or fund the provision of free information or other assistance to migrant workers or to ensure the existence of such services, and to monitor them and, where necessary, intervene to supplement them (1999 General Survey on Migrant Workers, paragraphs 190–213). The Committee requests the Government to provide further details on the specific content of the information provided by the Special Migrant Workers Unit (SMWU) to prospective workers seeking employment abroad and to migrant workers coming to Mauritius, for example along the lines of Part III of the Migration for Employment Recommendation (Revised), 1949 (No.86), including any specific services directed towards female migrants.

Article 3. Measures to combat misleading propaganda relating to emigration and immigration. Private employment agencies. The Government indicates that: (1) cases of illegal recruitment and/or swindling reported to or detected by the Ministry, are referred to the Police; (2) in 2017 one case of cancellation of a license was reported; (3) Officers of the National Employment Department (NED) undertook 63 inspection visits of private recruitment agencies in 2022 and 20 for the period January–May 2023; and (4) awareness campaigns are being conducted by different divisions of the MLHRDT through media on fraudulent private recruitment agencies and on various provisions of the labour and occupational safety and health laws. The Committee asks the Government to continue to provide information on the measures taken or envisaged to combat effectively misleading propaganda by private employment agencies, in light of the recent adoption of the Private Recruitment Agencies Act. It also asks the Government to indicate the type of assistance provided to migrant workers who have been victims of misleading propaganda.

Article 5. Entry requirements and medical examination. The Committee notes with interest that the Immigration Act No.13 of 1970 was repealed and replaced by the Immigration Act No.14 of 2022 (IA). It further notes that, although section 5(1)(a) and (b) were removed, section 5(1)(a) of the 2022 IA still restricts the entry/admission to migrant workers suffering from an infectious, a contagious or a communicable disease. The Committee recalls that refusal of entry or repatriation on the grounds that the worker concerned is suffering from an infection or illness of any kind which has no effect on the task for which the worker has been recruited, constitutes an unacceptable form of discrimination (see 2016 General Survey on Promoting fair migration, paragraph 254). The Committee also notes that pursuant to section 22(3) of the IA, immigration officers may order any person who seeks admission to Mauritius to undergo a medical examination. The Committee notes the Government’s indication that, a worker’s medical certificate is also a prerequisite to issue a work permit prior to his/her arrival in Mauritius, but that this does not apply to the application and/or issuance of a residence permit. The medical tests are done in the country of origin and submitted for vetting at the Ministry of Health and Wellness. If there is any health issue that is treatable, the migrant worker is requested to seek treatment in his country and submit a report to the Ministry of Health and Wellness in Mauritius. A Provisional Medical Clearance is granted upon receipt of a report from the treating doctor in the country of origin. The Committee nonetheless observes that medical clearance is not granted to a migrant worker who is HIV Positive. The Committee wishes to refer to Paragraphs 25 and 28 of the HIV and AIDS Recommendation, 2010 (No. 200), according to which: (1) “HIV testing or other forms of screening for HIV should not be required of workers, including migrant workers, jobseekers and job applicants”, and (2) “those seeking to migrate for employment, should not be required to disclose HIV-related information and be excluded from migration by countries of origin, of transit or of destination on the basis of their real or perceived HIV status” (2016 General Survey, paragraph 252). The Committee asks the Government to provide information on: (i) the application in practice of section 5(1)(a) of the Immigration Act (2022),indicating the procedure followed to assess that a worker’s infection/disease can affect the task for which he/she has been recruited to refuse the entry or repatriation; and (ii) how it is ensured that medical examinations do not include compulsory HIV testing.

Article 6(1)(a). Equality of treatment. Conditions of work. The Committee takes note of the observations made by the Confederation of Public and Private Sector Workers (CTSP) whereby: (1) migrant workers are often excluded from wage structures in enterprises and only benefit from the wages agreed; (2) they are not encouraged to join trade unions where these exist, and are often excluded from collective bargaining agreement, even when they form part of the same bargaining unit; (3) they do not benefit from monthly portable retirement gratuity fund (PRGF) or vacation leaves in Remuneration Orders; (4) migrant workers are deprived of justice because no cases involving a migrant worker has ever reached the Industrial Court, and (5) in practice, migrant workers are usually deported by their employer or the Passport and Immigration Office before their complaints are heard at the Industrial Court. In conclusion, the CTSP states that most of the above observations have been supported by the Human Rights Commission since 2021. In its response, the Government recalls that employers are requested to comply with prevailing legislation or terms of the employment contract of migrant workers, and to pay within a reasonable delay all outstanding dues, including wage re-adjustments and arrears. In case of non-compliance, the matter is referred to the Industrial Court. However, as per its records, most of the cases have been settled at the level of the MLHRDT. The Government indicates that a meeting was held with the CSTP to clarify certain questions, for example : (1) some cases have been referred to the Industrial Court (for example, Andre E.R. v. Sotravic Ltee 2022 IND 43 – CN IND 43) ; (2) sometimes, migrant workers are not eligible to vacation leave as, by the time they would be eligible to such leave, their fixed-term contract has expired and they have returned to their home country; (3) Mauritius has a free health care system and migrant workers have the same kind of treatment as their local counterparts with regards to their health issues; and (4) affiliating to a trade union is a free choice to be exerted by any worker and can in no manner be compelled to do so. The Government adds that it is the responsibility and duty of any trade union to canvass and encourage migrant workers to become members and to ensure that they are eligible to any protection and benefit negotiated under a collective agreement. The Committee takes note of the Government response to the Trade Union observations.

Regarding trade union rights, the Committee refers to its observations published in 2022 under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organize and Collective Bargaining Convention, 1949 (No.98). In relation to access to justice, and law enforcement, the Committee refers to paragraphs 462–72 of its 2016 General Survey and it wishes to recall that migrant workers in a regular situation should enjoy a treatment no less favourable than that applied to national workers in the country. Equality and anti-discrimination legislation is only effective if the fear of reprisals or negative consequences does not deter its use by workers. This is particularly relevant for migrant workers, who may fear that lodging a complaint about their employer will lead to the termination of their employment which, in turn, could lead to a revocation of their right to reside in the country of destination. The Committee has, for example, noted the low number of complaints submitted to a specialized equality body by foreigners relative to the number of foreigners in the country, and the possible difficulties for them in claiming their rights in the field of employment. The vulnerability of migrant workers in general means that they may not always be in a position to take the initiative to secure respect for the relevant legislation due to lack of awareness or fear of reprisals. Accordingly, mechanisms under which independent and institutionalized entities may take the initiative in investigating violations and enforcing the application of the legislation, or which are designed with explicit regard to the specificities of the situation of migrant workers, may usefully supplement normal procedures. The Committee asks the Government to continue to provide information on: (i) the inspection visits carried out by the officers of the SMWU, indicating the number and nature of violations detected, in particular with respect to equality of treatment in the areas covered by the Convention, the sanctions imposed and the remedies granted; and (ii) the number and nature of complaints submitted by migrant workers to the SMWU. It also asks the Government to step up its efforts to promote awareness of workers and their organizations on the different means of redress available to migrant workers victims of abusive conditions of work.

Article 6(1)(b). Social security. The Government indicates that contribution to the National Pension Fund (NPF) has ceased following the enactment of the Social Contribution and Social Benefits Act, Act 14 of 2021. Currently, migrant workers who obtained permanent residency contribute to the General Social Contribution and are equally entitled to all benefits granted to Mauritian workers under the labour laws as well as social protection from the Ministry of Social Integration, Social Security and National Solidarity. The Committee asks the Government to provide information on the social security protection afforded to temporary migrant workers during their stay in the country. It also refers the Government to its observation published in 2022 under the Workmen’s Compensation (Agriculture) Convention, 1921 (No.12), the Workmen’s Compensation (Accidents) Convention, 1921 (No.17), and the Equality of Treatment (Accident Compensation) Convention, 1925 (No.19).

Article 8. Maintenance of residence in the event of incapacity for work. The Government indicates that migrant workers who reside on a permanent basis in Mauritius enjoy the same rights as nationals. The Committee asks the Government to confirm the right of migrant workers admitted on a permanent basis to maintain their residence in the country, in the event of incapacity for work.

Article 9. Transfer of earnings. The Committee recalls that the bilateral agreement concluded between Mauritius and China does not include any provisions prohibiting the practice of transferring the migrant workers’ wages to their country of origin, and that it had requested information on the practical application of section 4 of this agreement. The Government states that that there are no limits on the transfer abroad of the earnings and savings of migrant workers and that no cases of violation have been detected. The Committee recalls once again that migrant workers may, in practice, lack the ability to raise concerns about their working and living conditions, due to their perception that enforcing rights may affect residence rights. Please continue providing information on the practical application of section 4 of the bilateral agreement (labour inspection services shall ensure that the terms and conditions of employment of Chinese workers are respected and their rights and interests protected), indicating the number and nature of violations detected by labour inspectors, the sanctions imposed and the remedies granted.

Enforcement. The Government provides information on the number of inspections, including enquiries, carried out by the officers of the SMWU for the period May 2017 to June 2023 (665 inspections in 2022 and 381 between January and June 2023). The Government also indicates that the statistics on the complaints dealt with by the SMWU show that between 2020 and 2023 nearly 10 per cent of such complaints concerned reduced or non-payment of wages (33 cases in 2022, 19 cases between January and June 2023) and that there was one case of violence at work. The Committee notes the corresponding amount of money recovered on behalf of migrant workers for the year 2022: Rupees 99,960,000 (US$2,260). The Committee asks the Government: (i) to continue to provide information on the enforcement activities, especially those carried out by the Special Migrant Workers’ Unit and the labour inspection services relevant to the application of the Convention; and (ii) to indicate whether courts or other tribunals have issued decisions involving questions relating to the application of the Convention, and if so, provide summaries of these decisions.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Legislative developments. The Committee notes that the Immigration Act (Act No. 14 of 2022), repealed and replaced the Immigration Act ,1973, to adapt to the new realities and needs of the country with a view to strengthening the law and regulating the admission and stay of non-citizens in Mauritius.

Article 4 of the Convention. Facilitate the departure, journey and reception of migrants for employment. The Committee recalls that section 4 of the Recruitment Act, 1993, requiring the examination of the criminal record of a candidate for emigration for the past ten years does not conform with the Convention. The Government indicates in its report that: (1) a new bill, the Private Recruitment Agencies Bill, was introduced before the National Assembly in July 2023 to replace the Recruitment of Workers Act 1993 and redress the loopholes of such law; and (2) this Bill reflects ethical recruitment standards in line with the recommendations of the International Labour Organization (ILO) and the International Organisation for Migration (IOM). The Bill aims at consolidating and strengthening the law about the recruitment of Mauritius citizens both locally and abroad, and the recruitment of non-citizens. The Government also indicates that a free service was set up by the National Employment Department (NED) for job seekers interested in working overseas . The NED has also set up the National Employment Dashboard, to ensure easy access, in a timely manner, to job vacancies and key labour market indicators. The Committee notes that the Bill was passed in the National Assembly on 17 October 2023. The Committee asks the Government to confirm that the requirement of examining the criminal record of candidates for emigration for the past ten years has been abolished by the new legislative provisions.

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Statistics. The Committee asks the Government to provide information on the number of male and female migrants leaving Mauritius for employment, including those leaving under the circular migration project and the type of occupations in which they are employed. Please also provide information, disaggregated by sex and nationality, on the number of migrants employed in Mauritius, indicating whether these are temporary migrant workers or migrants admitted on a permanent basis.

Article 2 of the Convention. Services to migrant workers. The Committee notes from the Government’s report that the number of workers who left under the circular migration project, which started in 2008, has significantly dropped from 130 in 2008 (including 10 female migrants) to 13 in 2010, and 12 in 2011 (no female migrant). The Committee notes that both male and female workers seeking employment abroad under the circular migration project were provided with pre-departure training organized by the International Organization for Migration. It further notes from the Government’s report the information on the skills training provided to most of the candidates who left under this project, such as information communication technology (ICT), English and cultural orientation. The Committee, however, notes from the data for 2011 that no training was provided to the 12 candidates who left the country to be employed as meat processors whereas in 2010, the 13 candidates to the same type of occupation received ICT and cultural orientation training. The Committee recalls that, under the Convention, Members are under the obligation either to provide or fund the provision of information or other assistance to migrant workers or to ensure the existence of such services, and to monitor them and, where necessary, to intervene to supplement them (General survey on migrant workers, 1999, paragraph 202). The Committee requests the Government to indicate whether it considers that an adequate and free service providing migrant workers with accurate information is in place, and to provide further details on the specific contents of the information provided by the Special Migrant Workers Unit (SMWU) to prospective workers seeking employment abroad and migrant workers coming to Mauritius, including any specific services directed towards female (prospective) migrants. The Government is also requested to clarify the reasons why no training was provided in 2011 to migrant workers who left the country under the circular migration project and to continue to provide information regarding the skills training provided each year under this project.

Article 3. Measures to combat misleading propaganda, including by private employment agencies. The Committee notes the Government’s general statement that the Ministry of Labour, Industrial Relations and Employment takes “appropriate action against unauthorized entities that are involved in illegal recruiting activities”. The Committee therefore again asks the Government to indicate: (a) what specific action is being taken against authorized recruitment agencies as well as unauthorized agencies or employers for submitting employment contracts that contain erroneous information regarding the terms and conditions of employment; (b) what assistance is being provided to migrant workers who have been victims of misleading propaganda; and (c) any other measures, including awareness-raising campaigns on migrant workers’ rights, to combat abuse and disinformation.

Article 5. Entry requirements and medical examination. The Committee notes that pursuant to section 8(1)(a)–(c) of the Immigration Act (Act No. 13 of 1970), as amended, any persons who “appear to the immigration officer to be suffering from any physical or mental infirmity” or are “dumb, blind or otherwise physically defective or physically handicapped” and who are likely to become a charge on public funds, or “are afflicted with any infectious or contagious disease” are deemed to be prohibited immigrants and shall not be admitted to Mauritius. However, under section 8(2) of the Act, as amended in 2008, the Minister may authorize the admission of a prohibited immigrant “who satisfies the immigration officer that he intends to marry a citizen to whom he has disclosed that he is HIV-positive or has AIDS”. The Committee draws the attention of the Government to the fact that, while medical testing and the prohibition of entry of persons on the ground that they may constitute a grave risk to public health is likely to be a routine and a responsible precaution prior to permitting entry of non nationals, the exclusion of individuals on certain medical or personal grounds which do not pose a danger to public health or a burden to public funds may be dated due to scientific developments or changing social attitudes, and some may now even constitute unacceptable discrimination (see General Survey of 1999 on migrant workers, paragraphs 262, 263 and 266). The Committee also refers in this context to the HIV and AIDS Recommendation, 2010 (No. 200), in particular paragraphs 25, 27 and 28 which specifically refer to migrant workers. The Committee asks the Government to provide detailed information on the practical application of section 8(1)(a) and (c) of the Immigration Act, including the number of non-nationals seeking employment in Mauritius who have been prohibited entry or who have been expelled on the basis of these provisions. Please indicate how it is being determined that a person with a physical or mental disability is likely to become a hinder on public funds. The Committee also requests the Government to provide information on whether any assessment is being made in cases where a migrant worker is refused entry on the basis of section 8(b) of the Immigration Act as to whether the infection or illness would have had an effect on the task for which the worker has been recruited. Please provide information on the number of migrant workers requesting to enter Mauritius who have been refused entry on the basis of the above provisions of the Immigration Act and indicate whether any exemptions have been granted by virtue of section 8(2) of the Act. The Committee also requests the Government to indicate whether any consideration has been given to amending the provisions of the Immigration Act concerning prohibited immigrants in the light of scientific developments and changing social attitudes, and to prevent discrimination.

Article 6(1)(a). Equality of treatment. Conditions of work. In its previous comments, further to the observations made by the Federation of Parastatal Bodies and Other Unions (FPBOU) raising concerns about the hours of work of textile workers coming from Sri Lanka, Bangladesh and China, the Committee asked the Government to indicate the measures taken to address the situation of these migrant workers and to ensure that they are not discriminated against with respect to hours of work. The Committee notes the Government’s indication that during inspection visits by the officers of the SMWU, it is ensured that all migrant workers received treatment no less favourable than nationals with respect to remuneration, hours of work, overtime arrangements, and paid leave. In addition, the Committee notes that the statistics on the grievances dealt with by the SMWU show that between 2008 and 2011 nearly 10 per cent of such grievances concerned reduced or non-payment of wages. The Committee asks the Government to provide information, as detailed as possible, on the inspection visits carried out by the officers of the SMWU, indicating the number of enterprises and workers covered by nationality, sex and economic sector, the number and nature of violations detected, in particular with respect to equality of treatment in the areas covered by the Convention, the remedies provided and the sanctions imposed. It also asks the Government to continue to provide information on the number and nature of grievances submitted by migrant workers to the SMWU, including by female migrant workers, and the sanctions and remedies applied.

Article 6(1)(b). Social security. The Committee notes that under section 3(1) of the National Pensions (Non-Citizens and Absent Persons) Order 1978, as amended by the National Pensions Act (NPA) in 1980, “no non-citizen shall become an insured person unless he has resided in Mauritius for a continuous period of not less than two years”. With respect to industrial accidents, the Committee refers the Government to the comments made under the Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19), and with respect to other social security benefits, the Committee asks the Government to consider making every effort to ensure that migrant workers do not receive treatment which is less favourable than that applied to nationals.

Article 8. Maintenance of residence in the event of incapacity for work. The Committee requests the Government to provide information on how the right of migrant workers who have been admitted on a permanent basis to reside in the country is maintained in practice in the event of incapacity to work.

Article 9. Transfer of earnings. With respect to Chinese migrant workers, the Committee notes that the bilateral agreement concluded between Mauritius and China in 2005, does not include any provisions prohibiting the practice of transferring the migrant workers’ wages to their country of origin. Under section 4 of this agreement, labour inspection services shall ensure that the terms and conditions of employment of Chinese workers are respected and their rights and interests protected. Please provide information on the practical application of section 4 of the bilateral agreement, indicating the number and nature of violations detected by labour inspectors, the sanctions applied and the remedies provided.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 4 of the Convention. Emigration for employment. With respect to section 4(2) and (3) of the Recruitment Act, 1993, which requires the examination of the record of a candidate for emigration for the past ten years, and which is contrary to the Convention, the Committee notes the Government’s statement that necessary action is being initiated in view of the amendment of the Recruitment Act, 1993, and review of section 4 will be considered within this process. With reference to its previous comments, the Committee urges once again the Government to take the necessary steps to review section 4 of the Recruitment Act, 1993, in order to correct the situation without delay and to provide information on the results achieved through the legislative review.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the comments by the Mauritius Employers’ Federation (MEF) and the Federation of Parastatal Bodies and Other Unions (FPBOU) attached to the Government’s report.

1. Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes that the Government is undertaking a circular migration project aimed at identifying employment opportunities abroad, training Mauritians in skills required and facilitating their placement in jobs. The Ministry of Labour, Industrial Relations and Employment is responsible for facilitating the recruitment process and for examining the contracts of employment of workers recruited under the project. The Committee asks the Government to provide further details on the modalities of the circular migration project, the numbers of male and female migrants leaving under the project, the type of occupations in which they will be employed, and the skills training provided. Noting that a bilateral agreement with China has been signed on bilateral labour service cooperation, please provide a copy of this agreement.

2. Article 2. Services to migrants for employment. The Committee notes that the Special Migrant Workers’ Unit (SMWU) provides information and guidance to the persons leaving under the circular migration project before their departure. The SMWU also vets contracts of employment of foreign workers earning a salary of less than 20,000 rupees and provides translation services to foreign workers in order to be able to respond to their grievances and to facilitate communication between foreigners and the staff of the unit. Foreign workers can register their individual and collective complaints with the SMWU and tripartite meetings are held to resolve workers’ grievances. The Government further indicates that since the reinforcement of the SMWU in 2004 the number of work stoppages has been drastically reduced. The Committee asks the Government to provide information on: (a) the contents of the information provided by the Special Migrant Workers’ Unit to prospective workers seeking employment abroad and migrant workers coming to Mauritius; (b) whether any specific information and assistance programmes exist targeting female migrant workers leaving or entering Mauritius for employment; and (c) any other services or assistance provided by the SMWU to assist migrants for employment.

3. Article 3. Measures to combat misleading propaganda, including by private employment agencies. The Committee notes the Government’s statement that the Recruitment of Workers Act, 1993, and its implementing regulations protect workers against abuse and misinformation by private recruitment agencies. The Committee notes that the Act provides for a system of licensing and that licensees must notify the licensing authority of any vacancies abroad (section 5(3)), submit copies of the employment contract prior to departure of the recruited workers, and notify any changes in the terms and conditions of employment within 15 days (section 7(2)(3)). With respect to immigrant workers, the Government states that employers are required to submit a model contract of employment duly vetted by the SMWU and that regular inspections are carried out to ensure that authorized private recruitment agencies abide by the provisions of the law; appropriate action is also taken against unauthorized entities involved in illegal recruitment activities. The Committee asks the Government to indicate: (a) what specific action is being taken against authorized recruitment agencies as well as unauthorized agencies or employers for submitting employment contracts that contain erroneous information regarding the terms and conditions of employment; (b) what assistance is being provided to migrant workers who have been victims of misleading propaganda; and (c) any other measures, including awareness-raising campaigns on migrant workers’ rights, to combat abuse and disinformation.

4. Article 4. Measures to facilitate emigration for employment. The Committee recalls section 4(3) of the Recruitment Act, 1993, which provides that in order to approve the recruitment of a worker for employment abroad the responsible minister shall examine the candidate’s record for the past ten years, which is contrary to the Convention. Noting the Government’s statement that the repeal of section 4(3) will be initiated when the Recruitment Act of 1993 is being revised, the Committee urges the Government to take the necessary steps to correct the situation without delay and to keep it informed of the progress made.

5. Article 6. Equality of treatment. The Committee notes that the FPBOU is raising concerns that the hours of work of textile workers coming from Sri Lanka, Bangladesh and China exceed 70 hours a week, and is asking the Government to ensure that the provisions of the Convention and the national legislation are being applied. The Committee notes that the SMWU only vets the employment contract when the clauses of remuneration and other conditions of employment are not less favourable than those prescribed to nationals, and that regular inspections are carried out to ensure that employers are complying with the terms and conditions of employment of foreign workers. The Committee asks the Government to indicate the measures taken to address the situation of migrant workers from Sri Lanka, Bangladesh and China employed in the textile industry and to ensure that they are not discriminated against with respect to hours of work. Noting the statistics on the number of grievances dealt with by the SMWU, please indicate more specifically the nature of these grievances, in particular with respect to the application of the Convention and the national legislation in force, and the remedies provided. Please also continue to provide information on the implementation of the policy and legislation concerning equal treatment of foreign and national workers in all the matters covered by Article 6(1)(a)–(d) of the Convention. Such information should include whether any measures are being taken or envisaged to ensure that women migrant workers do not face multiple discrimination based on sex as well as their migrant status.

6. Article 9. Transfer of earnings. With respect to the compulsory payment of migrant workers’ wages directly to their country of origin, in particular with respect to China, the Committee notes the Government’s statement that one of the conditions imposed on the employers is that the payment of the total salary and other benefits be effected directly to the worker and this clause be included in the employment contract before vetting. The Committee asks the Government to confirm that wages of Chinese migrant workers are now paid directly to the worker, and provide information on any measures taken against employers that continue to pay the migrant workers’ wages to their country of origin. Please also indicate whether the bilateral agreement with China includes provisions to prohibit this practice.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied by the Government in its report.

1. As the Committee noted in its General Survey of 1999 on migrant workers (see paragraphs 5-17), the extent, direction and nature of international labour migration have undergone profound changes since the Convention was adopted. The Committee therefore asks the Government to provide copies of any new provisions of law or regulations adopted, together with up-to-date information on its emigration and immigration policy. It would also be grateful if the Government would state how the current trends in migration flows have affected the content and implementation of its national policy and legislation on emigration and immigration.

2. The Committee takes note of the creation, in 2001, of a special unit within the Ministry of Labour and Industrial Relations to combat the exploitation of foreign workers. It would be grateful if the Government would provide information on the results achieved, particularly with respect to the assistance provided to migrant workers in the event of litigation against their employer.

3. In view of the growing role of private employment agencies in the international migration process, the Committee requests the Government to indicate the measures taken or envisaged to regulate the activities of these agencies in order to protect migrant workers from abuses and disinformation. Please also specify the penalties that are applied in case of infringement, particularly with regard to misleading propaganda.

4. Article 4 of the Convention. The Committee notes the information supplied by the Government with respect to section 4(3) of the Recruitment Act, No. 39 of 1993, noting that the Act has still not been amended. According to section 4(3), in order to approve the recruitment of a worker for employment abroad the responsible minister shall examine the candidate’s record for the past ten years. The Committee refers to its previous comments and hopes that the Government will keep it informed on the measures adopted to correct this situation.

5. Article 6, paragraph 1. The Committee asks the Government to supply information concerning the implementation of its policy on equal treatment between foreign and national workers in all the matters covered by this provision, particularly in respect of remuneration, accommodation and other working and living conditions. In addition, the Committee would appreciate if the Government would keep it informed of national practices regarding the payment of migrant workers and whether measures are envisaged to put an end to the compulsory payment of migrant workers’ wages directly to their country of origin, in particular with respect to China.

6. In light of the growing feminization of international migration for employment, the Committee would be grateful if the Government would send all available information (such as reports, studies, statistics, etc.) on efforts to eliminate discrimination against female migrant workers. Please also supply information regarding any reported violations of the national legislation in force.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes the detailed information provided by the Government in reply to its previous request.

2. Article 4 of the Convention. The Committee notes that the Minister of Employment helps the nationals to meet departure formalities by arranging for the issue of passport and air tickets and that, according to the Government, there has been no case where the Minister of Employment has either issued or refused an authorization under section 4(3) of the Recruitment Act, No. 39 of 1993 (in approving recruitment the responsible Minister shall examine criminal offences of the past ten years). Noting the wide discretion vested in the Minister, it suggests that the Government consider repealing, when the legislation is revised again, this section which appears not to be in compliance with this provision of the Convention, when read together with Article 6(1) of the International Covenant on Economic, Social and Cultural Rights which has been ratified by Mauritius. The Committee, in the meantime, requests the Government to continue to provide information on the application in practice of this legislation.

3. Article 6(c) and (d). The Committee requests the Government to provide information under these provisions of the Convention.

4. Part V of the report form. The Committee requests the Government to provide statistical data concerning migrant workers in the country and nationals who have migrated abroad. It also requests the Government to provide general information on the manner in which the Convention is applied (for example, extracts from the labour inspection reports, information on practical difficulties in the application of the Convention).

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

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.]