Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Mauritius (Ratification: 1969)

Article 1 the Convention. Equality of treatment. For many years, the Committee has been drawing the Government’s attention to the need to amend section 3 of the National Pensions (Non-Citizens and Absent Persons) Order, 1978, as amended by the National Pensions Act (NPA), under which foreign nationals may not be affiliated to the insurance scheme unless they have resided in Mauritius for a continuous period of not less than two years. Foreign workers who do not meet this residence condition are covered by the Workmen Compensation Act, 1931, which does not ensure the level of protection equivalent to that guaranteed under the national pension scheme in the event of employment injury. In its previous reports, the Government repeatedly indicated that a bill revising section 3 of the Order of 1978 was being prepared and would be introduced to the National Assembly as soon as it had been accepted by the State Law Office. In its last two reports, including the report received in September 2012, the Government makes no reference to the above bill. Instead, the Government’s latest report indicates that the Ministry of Social Security, National Solidarity and Reform Institutions will have a working session with the officers of the State Law Office in September 2012 with a view to finalizing the bill for the merger of the Workmen’s Compensation Act, 1931 and the National Pensions Act, 1976. The Committee expresses the firm hope that the legislation resulting from the merger will fully comply with the principle of equal treatment between national and foreign residents guaranteed by the Convention without any condition as to residence.

[The Government is asked to reply in detail to the present comments in 2014.]