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

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes the adoption of the Combating of Trafficking in Persons Act, 2009, which provides for a comprehensive framework to combat human trafficking and to protect and assist victims of trafficking. The Committee would appreciate it if the Government would provide, in its next report, the information on the application of the 2009 Act in practice, including in particular information on victim protection measures, as well as on judicial proceedings instituted and penalties imposed on perpetrators under section 14(1) of the Act.

Article 2(2)(c). Work of prisoners for private individuals, companies or associations. The Committee previously noted that section 5 of the Ordinance concerning the work of prisoners (Standing Order No. 16 of 29 August 1997) prohibits that prisoners are 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 clarify the apparent conflict in the text of the two provisions and to indicate whether measures would be taken to repeal section 16(2) of the Prison Regulations of 1989.

The Committee notes the Government’s statement in its report that the Prisons Department is actually working on the amendments to be brought to the Reform Institutions Act, 1988, and the Prison Regulations, 1989, and that the issue of amendment to section 16(2) of the Prison Regulations, 1989, will be taken care of during this exercise.

The Committee hopes that section 16(2) of the Prison Regulations, 1989, referred to above will be amended in the near future, so as to bring legislation into conformity with the Convention on this point. It requests the Government to provide, in its next report, information on the progress made in this regard.