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

Abolition of Forced Labour Convention, 1957 (No. 105) - Mauritius (Ratification: 1969)

The Committee has noted the Government’s reply to the communication of the International Confederation of Free Trade Unions (ICFTU) dated 24 October 2001.

1. Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. The Committee previously noted that under sections 183(1) and 184(1) of the Merchant Shipping Act of 1986, certain breaches of discipline by seafarers (such as desertion, neglect or refusal to join the ship, absence without leave, neglect of duty) are punishable by imprisonment (involving an obligation to perform labour), and that under section 183(1), (3) and (4), seafarers who are not citizens of Mauritius, and who commit such offences, may be forcibly conveyed on board ship for the purpose of proceeding to sea.

Referring to paragraphs 110 to 125 of its 1979 General Survey on the abolition of forced labour, the Committee recalled that, in order to be compatible with the Convention, the provisions mentioned above should be restricted to punishing breaches of labour discipline that endanger the safety of the ship or the life or health of persons on board.

The Committee has noted the Government’s indications in its 2003 report and in its reply to the communication of the ICFTU referred to above, that the Government has undertaken to amend the Merchant Shipping Act, and in particular sections 183 and 184, with the assistance of the International Maritime Organization, with a view to removing the possibility of having recourse to compulsory labour, in order to make the Act compatible with the Convention.

The Committee reiterates its hope that the Merchant Shipping Act will be brought into conformity with the Convention in the near future, and that the Government will soon be able to indicate the progress achieved in this regard.

2. Article 1(d). Sanctions for participation in strikes. For many years in its comments, the Committee has observed that under sections 82 and 83 of the Industrial Relations Act, 1973, submission of any industrial dispute to compulsory arbitration is left to the discretion of the minister. The decision handed down following this procedure is enforceable (section 85) and any strike becomes unlawful (section 92). Finally, participation in a strike thus prohibited may be punished by imprisonment (section 102) involving compulsory labour (section 35(1)(a) of the Reform Institutions Act). The Committee observed that these provisions are incompatible with Article 1(d) of the Convention. It pointed out that for provisions regarding compulsory arbitration, enforceable with sanctions involving compulsory labour, to be compatible with the Convention, their scope should be limited to essential services in the strict meaning of the term (namely those the interruption of which would endanger the life, personal safety or health of the whole or part of the population).

The Committee has noted the Government’s indications in its 2003 report and in its reply to the communication of the ICFTU referred to above, that the Government has undertaken to review the Industrial Relations Act, and that the Committee’s comments has been taken into consideration. The Government also indicates that, to this effect, decision has been taken to set up a tripartite committee, and that in the meantime, a technical committee chaired by the Permanent Secretary of the Ministry of Labour and Industrial Relations is considering amendments to be brought to the Act.

The Committee expresses the firm hope that the Industrial Relations Act will be amended in the near future and that the legislation will be brought into conformity with the Convention on this point. It asks the Government to provide, in its next report, information on the progress made in this regard.