Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Mauritius (Ratification: 2002)

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The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSPP) communicated with the Government’s report, as well as the corresponding reply of the Government.

Articles 1(a) and 2 of the Convention. Discrimination on the basis of race, colour, national extraction and social origin. Further to its previous comments on proactive measures to address discrimination in employment and occupation, including against workers in Creole communities, the Committee notes the reference made by the Government to the activities of the Equal Opportunity Commission (EOC) and to provisions of national legislation on the prohibition of discrimination in employment and occupation ensuring the application of the principle of equality between men and women, as well as enforcement measures adopted, and penalties imposed for their violation. In this regard, the Committee notes the annexes provided by the Government, including the list of activities undertaken by the EOC and the statistical information on the number of inspections carried out in the first quarter of 2023 (1,163 inspections). The Committee further notes a substantial decrease in the number of complaints, in particular with regard to local workers, from 2022 (19,930 complaints) to 2023 (4,922 complaints).

Regarding Creole communities, the Government indicates that: (1) in September 2021, the Ministry launched an animated cartoon on gender concepts in the local dialect (creole), which was meant to raise awareness among the population; and (2) this initiative was followed by capacity building of various stakeholders and training of 32 officers from different ministries. In this regard, the Committee notes the reference made by CTSPP to the discontinuation of “lekol de formation” and “on-the-job training” which benefited the Creole community. Regarding studies or research, the Government indicates that no studies in the labour market, disaggregated on the basis of ethnicity of workers, have so far been carried out. The Committee notes however research projects conducted in the field of education and the roundtable discussion to be held in November 2023 on gender-based issues in curriculum textbooks in the country. The Committee requests the Government to provide detailed information on: (i) practical measures taken or envisaged to address discrimination in employment and occupation based on race, colour and ethnic and social origin, in particular against workers in Creole communities: and (ii) any measures taken, including studies or research, to analyse the situation of the different groups in the labour market with a view to eliminating discrimination in employment and occupation.

Article 1(2). Inherent requirements of the job. Further to its previous comments, the Committee notes the reference made by the Government to section 13 of the Equal Opportunities Act, 2008 (EOA), section 5(3) of the Workers’ Rights Act, No. 20 of 2019 (WRA), which remain unchanged. The Government indicates that the exceptions permitted under the above sections have been so far only applied to circumstances related to the inherent requirements of the job (such as prison officers for female detainees) and none of them has been permitted to restrict the right of any worker of both sexes to pursue freely any job or profession other than those permitted under the laws. The Government further indicates that no complaints regarding discrimination related to the exceptions have been reported to the authorities or referred to the courts for interpretation of specific provisions of the WRA and EOA. The Committee notes the information provided by the Government, which responds to its previous request.

The Committee is raising other matters in a request addressed directly to the Government.