Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Forced Labour Convention, 1930 (No. 29) - Mauritius (Ratification: 1969)

Commercial sexual exploitation of children. 1. In its earlier comments, the Committee expressed its concern regarding the commercial sexual exploitation of children in Mauritius and Rodrigues Island and requested the Government to take all the necessary measures to protect children against trafficking and forced labour involving sexual exploitation.

2. The Committee has noted the Government’s reply to its previous observation on the subject, as well as the Government’s response to the communication of the International Confederation of Free Trade Unions (ICFTU) dated 24 October 2001. It notes that the Government has ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), and refers in this connection to its request addressed directly to the Government in 2003 on the application of that Convention. In so far as Article 3(a) of Convention No. 182 provides that the worst forms of child labour include "all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour", the Committee is of the view that the problem of trafficking of children for the purpose of exploiting their labour may be examined more specifically under Convention No. 182. The protection of children is enhanced by the fact that Convention No. 182 requires States which ratify it to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly asks the Government to refer to its comments on the application of Convention No. 182.

Article 2(2)(c) of the Convention. Prison labour exacted as a consequence of a conviction in a court of law. 3. The Committee previously noted that under section 27(2) of the Prisons Ordinance (Title XXIII, Chapter 313) of 1888, as amended in 1945, labour shall be optional for prisoners detained pending enquiry or committed for trial. The Committee observed, however, that under section 16 of the Prison Regulations 1989, detainees may be required to work provided such work is of a kind authorized by the commissioner. Referring to paragraph 90 of its General Survey of 1979 on the abolition of forced labour, the Committee recalled that work can only be exacted from a prisoner as a consequence of a conviction. It follows that persons who are in detention but have not been convicted - such as prisoners awaiting trial or persons detained without trial - should not be obliged to perform labour (as distinct from certain limited obligations intended merely to ensure cleanliness). The Convention does not prevent work from being made available to such prisoners at their own request, to be performed on a purely voluntary basis.

4. The Committee has noted the Government’s indication in its report of 2002 that detainees work under the supervision and control of prison officers and are engaged in activities which contribute towards their rehabilitation, such as domestic duties in the prisons, vocational and rehabilitation activities. The Committee requests the Government to describe such vocational and rehabilitation activities (as distinct from domestic duties in the prisons) of detainees awaiting trial. It hopes that the necessary measures will be taken to ensure, with regard to the Prisons Regulations 1989, that work is only exacted from prisoners as a consequence of a conviction, in conformity with Article 2(2)(c) of the Convention and section 27(2) of the Prisons Ordinance referred to above, and that work is made available to detainees awaiting trial only at their own request, to be performed on a purely voluntary basis.

Article 25. Illegal exaction of forced or compulsory labour punishable as a penal offence. 5. Referring to its earlier comments the Committee has noted the Government’s statement in its report that there is no provision in the existing legislation which makes the exaction of forced or compulsory labour punishable as a penal offence. It recalls that, under Article 25 of the Convention the illegal exaction of forced or compulsory labour shall be punishable as a penal offence and that ratifying States have an obligation to ensure that penalties imposed by law are really adequate and are strictly enforced. The Committee therefore hopes that the necessary measures will be taken to introduce legal provisions making the exaction of forced or compulsory labour punishable as a penal offence and to ensure that such provisions are made effective by means of penalties which are adequate and strictly enforced. The Committee asks the Government to provide, in its next report, information on the progress made in this regard.