Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Articles 1(1) and 2(1) and 25 of the Convention. Trafficking in persons. In its earlier comments, the Committee noted the adoption of the Combating of Trafficking in Persons Act, 2009, and requested information on its application in practice, including the number of investigations, prosecutions and convictions.

The Committee notes the Government’s indication in its report that, during the period June 2015 to May 2018, no complaint of forced labour has been reported to the police. However, during the same period, cases related to trafficking in persons have been detected by the Police. The Committee notes the statistical information provided by the Government regarding cases of trafficking in persons reported to the police (one case in 2018), as well as the judicial outcome of cases of trafficking in persons established under the Combating of Trafficking in Persons Act (one accused and sentenced to three years of imprisonment). It also notes the statistical information provided on the sensitization campaigns carried out, which have mainly targeted young persons and their family.

Moreover, the Government states that, the different units of the Police Force are working in a concerted manner and have adopted a multipronged strategy which inter alia includes the following measures: (i) multi-agency approach; (ii) sensitization and prevention campaigns; (iii) police safety and security weeks/media interventions and education; (iv) training and capacity building of police officers; and (v) enforcement. The Committee requests the Government to continue to provide information on the application of the Act on Combating Trafficking in Persons, 2009, in practice, particularly with regard to the number of prosecutions and the penalties applied. The Committee also requests the Government to indicate the measures taken for the protection of victims of trafficking in persons for sexual exploitation and forced labour.

Article 2(2)(c). Work of prisoners for private individuals, companies or associations. In its previous comments, the Committee noted that, pursuant to section 5 of the ordinance concerning the work of prisoners (Standing Order No. 16 of 29 August 1997), it is prohibited for prisoners to be compelled to work in the service of another detainee or an officer or for the private benefit of any person. However, the Committee also noted that section 16(2) of the Prison Regulations of 1989, adopted under section 66 of the Reform Institutions Act, 1988, appeared to allow a prisoner to work in the service of an officer if authorization is granted by the Commissioner of Prisons. The Committee requested the Government to take the necessary measures to ensure that section 16(2) of the Prison Regulations, 1989, be amended, so as to ensure its conformity with the Convention. The Committee noted the Government’s indication that the Prisons Department has already submitted a draft Prison Bill to the Prime Minister’s Office and the State Law Office in connection with section 16(2) of the Prison Regulations, 1989.

The Committee notes the Government’s indication that no change has occurred so far regarding this question and the Prison Regulations of 1989 is still under consideration at the Prime Minister’s Office. The Committee therefore requests once again the Government to provide information on the progress made to amend section 16(2) of the Prison Regulations, 1989, in order to ensure its conformity with Article 2(2)(c) of the Convention, according to which prison work must be carried out under the supervision and control of a public authority, and prisoners may not be hired to or placed at the disposal of private individuals, companies or associations. The Committee also requests the Government to provide a copy of the amended Regulations, once adopted.