Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Mauritius (RATIFICATION: 1994)

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Articles 2 and 5(1)(a)–(e) of the Convention. Effective tripartite consultations. The Government reports that the Labour Advisory Council has been replaced by the National Tripartite Council (NTC), established pursuant to section 98A of the Employment Relations (Amendment) Act 2019. The Committee notes that the mandate of the NTC includes, inter alia, making recommendations to the Government on labour, industrial relations, and health and safety issues at the national and international levels, particularly in relation with the ILO, the African Union and the Southern African Development Community (SADC). In response to the Committee’s 2018 direct request concerning consultations on the prospects of ratifying the Employment Policy Convention, 1964 (No. 122), the Government reports that the elaboration of a National Employment Policy (NEP), initiated in 2010, is still underway. The Committee recalls that the Ministry of Labour, Industrial Relations, Employment and Training (MLIRET) in collaboration with the ILO, organized a tripartite workshop in May 2018 for all the constituents to agree on the key priority areas and structure of the NEP and that, subsequently, it was agreed that a tripartite NEP drafting oversight committee would be set up to ensure that the NEP formulation process would be based on consultations throughout. The Committee notes that, in January 2021, the Government determined to retain a consultancy firm to draft the NEP, which is expected to be finalized by the end of December 2021. The Government adds that the ratification of Convention No. 122 will be envisaged once the NEP is formulated. The Committee notes the Government’s indication that tripartite consultations were held during the reporting period in relation to the ILC agenda item “Ending violence and harassment against women and men in the world of work”; on the proposal to the competent authority in connection with the submission of the Violence and Harassment Convention, 2019 (No. 190) and Violence and Harassment Recommendation, 2019 (No. 206); on questions arising out of reports to be made to the ILO under articles 19 and 22 of the ILO Constitution; and on the abrogation of a number of ILO Conventions and the withdrawal of a number of Recommendations. The Committee requests the Government to continue to provide information on the content and outcome of tripartite consultations held on all of the matters concerning international labour standards covered by Article 5(1)(a)–(e) of the Convention, including tripartite consultations held in relation to the proposal to the competent authority concerning Convention No. 190 and Recommendation No. 206 and on prospects of ratification of Convention No. 122. In addition, the Committee invites the Government to indicate whether and in what manner the constituents will be consulted in relation to the formulation of the draft National Employment Policy.

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Articles 2 and 5(1)(c) of the Convention. Effective Tripartite Consultations. Examination of unratified Conventions. The Committee notes the detailed report provided by the Government for the period ending in May 2018. The Government reports that consultations were held to consider ratification of several Conventions. The Committee notes with interest that the Government is envisaging ratification of the Employment Policy Convention, 1964 (No. 122), and that the formulation of a national employment policy (NEP) is under way. In this respect, the Government indicates that the Ministry of Labour, Industrial Relations, Employment and Training (hereinafter MLIRET), in collaboration with the ILO, organized a tripartite workshop on 22 and 23 May 2018 aiming to conduct consultations for the formulation of the NEP, to brief all the constituents on the status of the NEP drafting process, and ultimately to agree on key priority areas and structure of the NEP. The Committee notes that all the constituents expressed their strong commitment to this process and agreed with the need for a NEP for Mauritius. Subsequently, it was agreed that a tripartite NEP drafting oversight committee should be set up in order to ensure that the NEP formulation process would be based on wholesome consultations throughout. The Committee notes that the MLIRET is currently in the process of setting up the drafting committee with a view to starting the process. The Committee requests the Government to continue to provide information on the tripartite consultations held on the matters concerning international labour standards covered by Article 5(1) (a) through (e) of the Convention, particularly consultations on the prospects of ratifying the Employment Policy Convention, 1964 (No. 122), a governance Convention.

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Article 5(1)(c) of the Convention. Tripartite consultations on unratified Conventions. The Committee notes that the ratification of the Maritime Labour Convention, 2006 (MLC, 2006) and of the Occupational Safety and Health Convention, 1981 (No. 155), were registered in 2014. The Government indicates in its report that the Employment Policy Convention, 1964 (No. 122), has not yet been ratified, as the formulation of a national employment policy required by the Convention is currently under way. The Government adds that tripartite consultations on the prospects of ratifying Convention No. 122 will be envisaged, as soon as the said policy is finalized. The Committee invites the Government to continue to provide information on the tripartite consultations held on the matters concerning international labour standards covered by the Convention.

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Article 5(1)(c) of the Convention. Tripartite consultations on unratified Conventions. The Committee notes the detailed report provided by the Government for the period ending in May 2012. In addition, the Committee notes with interest that the ratification of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), and the Domestic Workers Convention, 2011 (No. 189), was registered in September and November 2012. The ratification of the Collective Bargaining Convention, 1981 (No. 154), was registered in November 2011. The Committee invites the Government to continue to provide information on the tripartite consultations held on the matters concerning international labour standards covered by Article 5(1) of the Convention, including consultations on the prospects of ratifying the Employment Policy Convention, 1964 (No. 122), a governance Convention.

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1. Tripartite consultations required by the Convention. Further to its previous comments, the Committee notes with interest that Mauritius ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), on 1 April 2005. The Committee also notes the information provided on the consultations envisaged in Article 5, paragraph 1, of the Convention, and, in particular, the consultations that have taken place with a view to the ratification of the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Protocol of 1995 to the Labour Inspection Convention, 1947 (Article 5, paragraph 1(c)). The Committee welcomes the fact that tripartite consultations have led to the ratification of Conventions and invites the Government to continue providing detailed information on the consultations covered by the Convention.

2. Working of consultative procedures. In its report, the Government indicates that the Ministry of Labour, Industrial Relations and Employment has been unable to publish an annual report but that, with the agreement of the social partners, particulars on the working of the procedures provided for in the Convention will be available on the Ministry web site (Article 6).

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1. Tripartite consultations required by the Convention. In the report received in August 2004 the Government refers to a bill to revise the labour legislation with a view to incorporating new provisions on the consultations required by the Convention. The Committee also notes the information on the consultations referred to in Article 5, paragraph 1, of the Convention. The Government indicates that consultations were held to consider ratification of several Conventions. The Committee notes with interest that the Government is envisaging ratification of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and that measures have been taken to that end with close cooperation from ILO experts. It requests the Government on a general basis to continue to provide detailed information on the consultations held on each of the matters set out in Article 5, paragraph 1, during the period covered by the next report, specifying the nature of any reports or recommendations resulting from the consultations.

2. Operation of the consultative procedures. The Government indicates in its report that the Ministry of Labour, Industrial Relations and Employment is currently finalizing its Annual Report. The Committee requests the Government to provide a copy of it as soon as it becomes available (Article 6).

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1. The Committee notes the Government’s detailed report and the appended observations made by the Mauritius Trade Union Congress and the Mauritius Employers’ Federation. Further to its 1999 request, the Committee notes that the Ministry of Labour and Industrial Relations has not yet published its annual report. It trusts that the Government will forward a copy when available (Article 6 of the Convention). Please also provide information on any eventual revision of the Labour Act that might concern the consultations required under the Convention.

2. Article 5, paragraph 1(e). The Committee notes that the denunciation of the Recruiting of Indigenous Workers Convention, 1936 (No. 50), was registered by the Office on 2 March 2000 and asks the Government to provide information on the consultations held in this regard.

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The Committee notes with interest the Government's report on the application of the Convention and, in particular, the detailed information on the application of Articles 2 and 5 of the Convention. In this regard, the Government indicates that at the time the Labour Code is reviewed, it envisages mandating the Consultative Labour Council to hold consultations on the questions enumerated under Article 5, paragraph 1. Moreover, with regard to Article 6 of the Convention, the Government states that it envisages issuing a document on the consultations undertaken which would be included in the annual report published by the Ministry of Labour and Employment. The Committee requests the Government to keep the ILO informed of any progress made on these two points.

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1. The Committee has noted the Government's report and the information provided in response to its previous direct request.

2. As regards the tripartite subcommittee set up within the Labour Advisory Board to deal with issues relating to the ILO's activities, the Committee requests the Government to specify whether texts relating to its establishment, duties and functioning have been produced. The Government is requested, where necessary, to provide copies of such texts to the ILO. In addition, it is requested to describe in its next report how the procedures conducted by means of written communications, or within the above-mentioned subcommittee, guarantee effective consultations as set out in Article 2 of the Convention.

3. The Committee has noted with interest the information according to which the representative organizations of employers and workers, appointed by the Ministry of Labour and Industrial Relations to sit on the Labour Advisory Board are free to choose their representatives, including those who sit on the above-mentioned subcommittee.

4. The Committee notes the Government's response under Article 6 and requests it to keep the ILO informed of the progress in the discussions undertaken on the production of an annual report on the working of the procedures provided for by the Convention.

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The Committee notes with interest the Government's first report and the observation of the Mauritian Employers' Federation.

It notes that the tripartite consultations provided for in Article 5, paragraph 1, of the Convention are conducted in the form of written communications or in a tripartite subcommittee of the Consultative Labour Council established for this purpose under section 54 of the Labour Code.

The Committee would be grateful if the Government would describe in its next report the procedures which ensure effective consultations within the meaning of Article 2, that is, placing the representative organizations in a position to make valid decisions on the questions concerning ILO activities laid down in the Convention.

It also requests it to send the ILO copies of the texts relating to the establishment, attributions and working of the above-mentioned tripartite subcommittee and to indicate what measures are taken to ensure that employers' and workers' organizations choose freely the members of the tripartite advisory subcommittee (Article 3), since according to section 54 of the Labour Code the members of the Consultative Labour Council are appointed by the Minister on conditions and for a period which he can determine.

The Committee notes the information supplied on the subject of the consultations held during the period covered by the report on the matters set out in Article 5, paragraph 1. It would be grateful if the Government would continue to supply such information in each of its reports but also to indicate the frequency of these consultations (which, in conformity with Article 5, paragraph 2, shall be undertaken at least once a year) and to specify the nature of all reports or recommendations resulting from the consultations.

Finally, the Committee notes in regard to Article 6 that no annual report is produced on the working of the procedures provided for in the Convention. It would be grateful if the Government would supply in its next report information on the consultations held with representative organizations on the need to issue such a report.