Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

The Committee notes the information in the Government’s first report. The Government is requested to provide information on the following points.

1. Article 1 of the Convention. Legal protection against discrimination. The Committee notes the Sex Discrimination Act of 2002, which prohibits discrimination based on sex, marital status, pregnancy or potential pregnancy in employment and education. It also notes that an Equal Opportunities Bill (No. XIX of 2005) is currently before the National Assembly and is intended to replace the existing Sex Discrimination Act. The Bill will prohibit, among others, direct and indirect discrimination in the fields of employment, education and the provision of goods, services and facilities on the basis of sex, marital status, race, origin (including geographical origin), religion and disability. It also includes provisions on sexual harassment, victimization and offensive behaviour and establish an Equal Opportunities Commission and an Equal Opportunities Tribunal. The Committee notes, however, that while race, as defined by the Bill, means "any group of persons of common ethnical origin, colour or of mixed race", it is not clear whether "origin" also encompasses "social origin" as a prohibited ground. It also notes that the draft legislation does not include the ground of political opinion although the Constitution of Mauritius and the Government’s Code of Conduct for a Conflict Free Workplace (2003) prohibit discrimination based on this ground. Recalling that, where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a), of the Convention (General Survey of 1988, paragraph 58), the Committee hopes the future Equal Opportunities Bill will contain all the prohibited grounds set forth in the Convention and it asks the Government to keep it informed of any developments in the adoption of the Bill.

2. Sexual harassment. The Committee notes that sexual harassment in employment and occupation is prohibited in Mauritius by the Sex Discrimination Act, 2002, and the Labour (Amendment) Act, 2004. Although the term "hostile work environment" is not explicitly included in the current definition of sexual harassment, the Committee notes the Government’s indication that it is nonetheless anticipated by the language of the Sex Discrimination Act, which forbids behaviour that would make a person feel humiliated, offended or intimidated (section 20(1)). Beyond these legal measures, the Committee notes that the Sex Discrimination Division, along with the Ministry of Labour, undertake educational programmes and other sensitization activities including regular meetings with workers and employers in which issues of sexual harassment are addressed. The Government reports however that, despite the existence of machinery to deal with sexual harassment complaints, there have been no court decisions to date on the matter. The Committee requests the Government to provide further information on the activities of the Sex Discrimination Division and Ministry of Labour along with other practical measures taken to eliminate sexual harassment in employment and occupation in both the public and private sectors, as well as information on any sexual harassment complaints handled by the courts.

3. Articles 2 and 3. Equality of opportunity and treatment between men and women. Access to employment in the public and private sectors. The Committee notes the Survey on Employment and Earnings in Large Establishments in March 2005 undertaken by the Central Statistics Office. The Survey shows a highly segregated labour market with women mainly concentrated in the manufacturing industry, which represents nearly 60 per cent of women’s employment. Furthermore, between 2004 and 2005 women’s employment decreased more sharply than men’s due to substantial and continuous job losses in the manufacturing industry in the export processing zones. At the same time, however, the Government’s report indicates that an increasing number of female candidates are now following vocational training courses in fields such as catering, tourism, design, jewellery, information technology, refrigeration and mechanics, which has contributed to the access of women in jobs formerly exclusively confined to men. With respect to access to the public sector, the 2005 Survey shows that, although female employment increased in the general government sector, women only represent 30 per cent of the total employees. Statistics provided by the Government on employment in general and local government in 2002 also show that women make up only 13.4 per cent of the employees in local government and that they are concentrated in the ministries of education and health.

4. Further to the above, the Committee welcomes the various measures taken by the Government to address the existing inequalities in employment and vocational training. It notes with interest the project entitled "Gender Equality and Empowerment of Women", undertaken in partnership with UNDP and the ILO, which intends, among other things, to develop strategies to address employment inequalities in compliance with Convention No. 111, and the adoption of the National Gender Policy and National Plan of Action to be implemented from 2005 to 2015. In addition, a National Action Plan on Work and Family was adopted in 2003 and assistance has been secured from the ILO to carry out a survey on working time and the impact of flexible working schedules on women’s choices to seek employment. Furthermore, a number of support services have been developed for women entrepreneurs under the responsibility of the National Women Entrepreneur Council. The Committee asks the Government to continue to provide statistics disaggregated by sex on the employment of women and men in the various industries and occupations in the private and government sector and to provide: (a) further information on how the abovementioned initiatives and programmes are helping to increase the participation of women in a wider variety of jobs in local and central government, as well as in private sector employment, including their access to decision-making and management posts and to jobs predominantly performed by men; and (b) a copy of the National Gender Policy and National Gender Action Plan, once adopted, and of the research on working time, as well as information on any follow-up measures taken under the Plan to further promote the application of the principles of the Convention.

5. Article 3(e). Equal access of women to education, vocational training and guidance. The Committee notes from the information provided by the Government that the Industrial and Vocational Training Board (IVTB) is responsible for the provision of vocational training and that the Human Resource Development Council (HRDC) is responsible for the training grant system which is effected in such a way that equal access and opportunities is offered to both men and women. It also notes the Government’s indication that only age and qualification levels of applicants are considered for access to vocational training and that there is equality of opportunity and treatment for all applicants. Further to what has been noted in point 6 of this direct request, the Committee asks the Government to provide information on the measures taken to encourage women to choose from a wider variety of vocational training courses, including those traditionally confined to men, and to provide statistics disaggregated by sex on the participation of men and women in the various vocational training courses offered.

6. Articles 2 and 3. Equality of opportunity and treatment with respect to other grounds. National policy. The Committee notes with interest the Government’s publication of its Code of Conduct for a Conflict Free Workplace (2003), which it developed in consultation with workers’ and employers’ organizations. The Code offers a host of voluntary guidelines for the improvement of employment relations, including provisions dealing with non-discrimination in the workplace. Namely, article 1(vi) states that a "worker should not be discriminated, victimised or dismissed on the basis of age, sex, nationality, religion, culture, disability, pregnancy, HIV/AIDS, trade union membership/activities or political opinion". The Committee requests the Government to provide information on the extent to which the Code has been used in both the private and public sectors and its impact on the promotion of equality in employment and occupation. Please also provide further information on any other practical measures taken or envisaged, to promote equality of opportunity and treatment and to eliminate discrimination on the basis of race, colour, religion, political opinion, national extraction and social origin in employment and occupation.

7. Article 4. Measures affecting persons justifiably suspected of, or engaged in, activities prejudicial to the security of the State. The Committee notes from the Government’s report that no legislative or administrative measures exist governing the employment or occupation of persons suspected of, or engaged in, activities prejudicial to the security of the State. It further notes the Government’s explanation that section 16 of the Constitution prohibits discrimination on several grounds, including political opinion, and that any aggrieved person may bring a claim before the Supreme Court under section 17. The Committee nevertheless requests the Government to provide information on the practical application of Article 4 and to indicate whether complaints of this nature have already been examined.

8. Article 5. Special measures of protection or assistance. The Committee notes the provisions in the Labour Act prohibiting the transportation of female workers in a "goods vehicle" or in any other vehicle that does not allow for easy entry or exit without climbing (section 18(1)). The Committee is concerned that the effect of these provisions might be to unnecessarily inhibit women from accessing certain work opportunities. It therefore requests the Government to indicate, in its next report, the reasons behind these protective measures and to provide information on their application in practice and impact on women’s employment opportunities.

9. Enforcement. The Committee notes the functions of the Ministry of Labour, Industrial Relations and Employment, as well as the National Human Rights Commission and its Sex Discrimination Division, with respect to application of the Convention. The Committee also notes that the Equal Opportunities Bill foresees the creation of the Equal Opportunities Commission, set to replace the existing Sex Discrimination Division and assume, by and large, the same functions, and the creation of an entirely new Equal Opportunities Tribunal. The Committee requests the Government to provide further details about the activities of the National Human Rights Commission and its Sex Discrimination Division, to promote the provisions of the Convention as well as information on the nature and number of complaints relating to discrimination received by these bodies, the Supreme Court and the Industrial Court. Please also provide information on the manner in which the labour inspection services are ensuring the application of relevant national legislation and the provisions of the Convention.