Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Mauritius (Ratification: 1969)

For many years, the Committee has been drawing the Government’s attention to the fact that the Workmen’s Compensation Act (Chapter 220), which remains applicable to certain categories of workers excluded from the application of the National Pensions Act, 1976, does not contain any provisions giving effect to Article 5 (compensation in the form of periodical payments in the case of permanent incapacity or death); Article 7 (additional compensation for workmen injured in such a way as to require the constant help of another person); Article 9 (entitlement to medical and surgical aid); Article 10 (supply and renewal of artificial limbs and surgical appliances, as necessary); and Article 11 (guarantees against the insolvency of the employer or insurer) of the Convention.

In this connection, the Government indicated in its 1999 report that the merger was envisaged of the Workmen’s Compensation Act and the National Pensions Act, to ensure the full application of the Convention. The Committee notes from the information provided by the Government in both its last and its 2001 report, that the merger of the above legislation has still not been completed. The Government adds, however, that the competent ministry has now reached the stage of drafting the bill and that it has been urged to complete this process without delay. The Committee therefore hopes that the Government will take all the necessary measures to make the required legislative amendments as soon as possible so as to ensure that all workers covered by the Convention receive the compensation guaranteed by this instrument in the event of an accident in the workplace.

[The Government is asked to reply in detail to the present comments in 2008.]