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

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

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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 The Committee notes that the Immigration Act (Act No. 14 of 2022), repealed and replaced the Immigration Act ,1973, to adapt to the new realities and needs of the country with a view to strengthening the law and regulating the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.