Effect given to the recommendations of the committee and the Governing Body - Report No 335, November 2004

Case No 2281 (Mauritius) - Complaint date: 27-JUN-03 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 152. During the previous examination of this case, which concerned the need to revise the Industrial Relations Act (IRA) in conformity with freedom of association principles, the Committee took note of the Government’s statement that it is committed to amending the IRA and has set up a tripartite committee as well as a technical one at the Ministry of Labour and Industrial Relations to this end. The Committee requested the Government to take all necessary measures as soon as possible to conclude the revision of the IRA in consultation with the social partners and strongly encouraged the Government to make use of ILO technical assistance with a view to facilitating this process [see 333rd Report approved by the Governing Body at its 289th Session, paras. 613-641].
2. 153. In a communication dated 27 July 2004, the Government reiterates its commitment to replace the IRA by new legislation. A technical committee has been examining all previous reports on the subject, including the recommendations of the Committee. Consultations have been held with the 13 federations of trade unions and the employers’ organizations which have submitted written memoranda to the technical committee. The Government adds that, in the framework of technical assistance, a high-level ILO delegation provided a tripartite seminar on freedom of association and collective bargaining from 6 to 8 July 2004. Forty-two participants attended the seminar, including representatives from the 13 trade union federations of the country and one trade union from Rodrigues (part of Mauritius), employers’ organizations, relevant ministries, the University of Mauritius and the National Economic and Social Council. The seminar focused on ILO Conventions Nos. 87 and 98. The Government indicates that the seminar helped to develop a shared and common understanding of the concepts underlying the two Conventions among the participants. After the explanations provided by the ILO experts, there was general consensus among the participants that: (i) collective bargaining should be promoted; (ii) trade union organizations should be allowed greater autonomy to manage their affairs; (iii) the structures and mechanisms for dispute resolution and conciliation should be reinforced; (iv) explicit provisions should be made for anti-union discrimination; (v) peaceful resolution of disputes should be encouraged; and (vi) strikes should be envisaged as a last resort after all avenues for conciliation and mediation have been exhausted. The participants also identified strategies to promote collective bargaining, namely: (i) trade union recognition; (ii) carrying out negotiations in good faith; (iii) the signing of procedural agreements to make provision for access to information, access to the workplace, time-off facilities and recognition of the status of the negotiator; (iv) addressing the issue of low rate of unionization; (v) capacity building for trade unions and employers through training in negotiating skills and in new industrial relations issues. The Government finally indicates that a white paper is being prepared for the revision of the IRA and will be submitted to the Council of Ministers shortly.
3. 154. The Committee takes note with interest of the tripartite seminar on freedom of association and collective bargaining which was provided by a high-level ILO delegation from 6 to 8 July 2004 and helped to develop a shared and common understanding among the participants on the concepts underlying the two Conventions, including with respect to the issues of trade union autonomy, anti-union discrimination, dispute resolution, the right to strike and strategies to promote collective bargaining. The Committee also notes with interest the Government’s statement that a white paper is being prepared for the revision of the IRA and will be submitted to the Council of Ministers shortly. The Committee hopes that the process for the revision of the IRA will be concluded soon so as to bring it in full conformity with Conventions Nos. 87 and 98 and requests the Government to keep it informed of the steps taken in this respect.
4. 155. The Committee also notes the Government’s statement that consultations have been held with the 13 trade union federations and the employers’ organizations which submitted written memoranda to the technical committee concerning the revision of the IRA. The Committee requests the Government to maintain the consultations with the social partners during the process of the revision of the IRA and to keep it informed in this respect.