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

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

Previous comment

Article 1(1) of the Convention. Prohibited grounds of discrimination. Legislation. Further to its previous comments on amending the Equal Opportunity Act (EOA), 2008 to ensure coherence on the prohibited grounds of discrimination in the legislation on non-discrimination and equality, the Government indicates in its report that any amendments to the EOA Act 2008 would require a policy decision and that, the Workers’ Rights Act (WRA), No. 20 of 2019 (section 5(a)) and the Employment Relations Act (EReA) provide for the protection of workers against any form of discrimination at the workplace other than the exceptions, specified therein, by any prospective employer with regard to access to employment. The Government further indicates that no complaint pertaining to discrimination on grounds of 'national extraction' or 'social origin' has been registered with the administrative (Ministry of Labour) or judiciary authorities. While taking note of this information, the Committee requests the Government to provide information on any: (i) measures taken or envisaged to amend the Equal Opportunity Act, 2008 and harmonize the prohibited grounds of discrimination in the legislation and (ii) cases of discrimination based on the grounds prohibited by the Convention examined by the administrative or judiciary authorities.

Scope of protection against discrimination. In the absence of information in the Government’s report, the Government is once again requested to consider extending the protection of the Equal Opportunity Act on access to employment to domestic workers and workers in enterprises with less than ten employees on a full-time basis.

Discrimination based on sex. Sexual harassment. The Committee notes the Government’s indication that the sensitization of workers and employers on the labour legislation pertaining to harassment and workplace violence is carried out through workers’ education programmes by the Information, Education and Communication Section (IECS) of the Ministry of Labour, Human Resource Development and Training (MLHRDT) and during inspections carried out by its Labour Inspectorate at workplaces. The Committee takes note of the statistical information provided by the Government according to which in 2022, out of the 19930 complaints filed with the Equal Opportunity Commission a total of 11 cases of sexual harassment were registered and 8 solved; and for the period of January-March 2023, one case was registered but not yet solved. The Committee requests the Government to continue to provide information on the measures taken to raise awareness on sexual harassment by the Equal Opportunity Commission (EOC) and the labour inspectorate, and on the number of cases detected by the labour inspectorate or brought to its attention, or referred to the EOC or the courts, and the outcome given to these cases.

Discrimination on the basis of political opinion. The Committee notes the Government’s indication that awareness campaigns are organized at the level of the Ministry of Labour to address the question of discrimination based on political opinion. The Committee further notes that, although no complaint based on Political opinion has been registered at the level of the Ministry of Labour, according to the statistical information provided by the Government, the Equal Opportunity Commission dealt with 54 complaints pertaining to discrimination on the basis of Political opinion for the years 2015 to 2022. It also observes that the cases have been steadily decreasing over the years (19 cases in 2019 and 6 cases in 2022). The Committee notes however that the Government does not provide any information on the outcome of these cases. The Committee asks the Government to provide: (i) information on the measures adopted to prevent and eliminate discrimination on the basis of political opinion; and (ii) information on the number of such cases detected by the labour inspectorate or brought to its attention, or referred to the EOC or the courts, as well as on the outcome of these cases.

Article 2. Equality of opportunity and treatment between men and women. National gender equality policy. The Committee notes with interest the adoption of the 2022–30 National Gender Policy (NGP), which outlines eight key priorities, and objectives to achieve gender equality in various areas such as legislation, education, governance, employment, health, media, and environment. It also observes that the NGP aims, among others to enact the Gender Equality Bill and ensure effective participation and equal opportunities for leadership at all levels (page 34).

The Committee takes due note of the different initiatives taken by the Government in order to mainstream gender equality, including the establishment of the Inter-Ministerial Gender Technical Working Committee to ensure that Gender Focal Points of all Ministries take stock of actions being planned from a gender lens within their respective Sectors and the Gender Cells in all Ministries to identify gender gaps within their respective sectors. The Government further indicates that the Ministry of Gender Equality and Family Welfare (MGEFW) has provided training on gender mainstreaming process to 1200 officials. Additionally, some 300 officials of different grades have been trained through the Mauritius Civil Service College, wherein, the officers of the Gender Unit have acted as Resource Persons. The MGEFW has also advocated for the introduction of the Gender Responsive Budgeting Initiative (GRBI). Subsequently, the Minister of Finance, Economic Planning and Development has, in the budgetary measures for financial 2016–17, allocated US$5,600 (200, 000 Mauritian rupees) on a pilot basis to five Ministries for the implementation of gender-sensitive initiatives, including the Ministries of Health and Wellness. Moreover, the National Strategy Action Plan on the Elimination of Gender Based Violence is being spearheaded by the Family Welfare and Protection Unit of the Ministry of Gender Equality and Family Welfare and implemented by all key Collaborators.

The Committee observes that, according to the Global Gender Gap Report from the World Economic Forum of 2023: women’s participation in the labour force in the country is 38.17 per cent for women compared to 60.34 per cent for men; indicating that women comprise 39.42 per cent of managerial and senior positions (as compared to 60.59 per cent for men); and 20 per cent of parliamentarians (as compared to 80 per cent for men). With a view to encouraging more women in the decision-making and political sphere, the Government indicates that it has been implementing a project called ‘‘Promoting the Presence and Leadership of Women within Public Institutions at National and Local Levels’’ in collaboration with the United Nations Development Programme (UNDP) and United Nations Department of Economic and Social Affairs (UNDESA). Regarding the application of section 9(1) of the EOA 2008, the Government indicates that the Equal Opportunities Commission has since April 2013 prepared “Guidelines for Employers” with a view to, inter alia, assist employers in preparing their Equal Opportunity Policy for their respective organizations. The Committee encourages the Government to evaluate the implementation of the National Gender Policy with a view to identifying the progress made, the obstacles encountered, and the adjustments required in order to advance further on the promotion of gender equality in employment and occupation. The Committee also requests the Government to provide information on(i) the progress achieved in the adoption of the Gender Equality Bill; (ii) the steps taken or envisaged to enable both men and women to gain access to a wider range of jobs, particularly in sectors where one sex is traditionally over-represented. Please, also provide recent statistics, disaggregated by sex, on the employment of women and men in the various occupations and sectors of economic activity, in order to assess progress made overtime.

Article 3(b). Access to education and training. The Committee notes the Government’s indication that an interdisciplinary team of academics at the Mauritius Institute of Education (MIE) have been engaged in a series of research and activities which aim to include (1) Gender-sensitive analysis of primary school curriculum; (2) Forum and roundtable discussions on parental education, gender equality and equity in Education and (3) Dissemination through academic publication and sensitization campaigns targeting educators. The Government also indicates that sensitization campaigns in different spheres of employment and society on the Equal Opportunities Act and Labour legislations were organized with the objective of promoting equality of opportunities. While taking note of this information, the Committee observes that the Government’s report does not provide any information on the practical measures taken to improve women’s access to education, training and employment, particularly in male dominated sectors and occupations. The Committee requests the Government to (i) indicate the measures taken to prevent and address stereotypes and discrimination based on sex by enhancing women’s access to a wide range of occupations in the labour market and their participation in education and vocational training; and (ii) provide statistical information, disaggregated by sex, on the participation of men and women in education at all stages and in the various vocational training courses offered, as well as on the number of men and women who have filled vacancies following such training, including for jobs traditionally held by persons of the other sex.

Article 5. Special measures of protection. Further to its previous comments regarding general limitations on the assignment of women under the Sugar Industry (Agricultural Workers) (Remuneration) Regulations 2019 (section 9(1) of the First Schedule) and the Tea Industry Workers (Remuneration) Regulations 2019 (section 4(2) of the First Schedule), the Committee notes the Government’s indication that limitations on job assignments of women as provided for in the National Law have never been stipulated with a view to undermine the capabilities of women but to ensure safety and health at work. These limitations have been the result of consultations and collective agreements (Protocol d’Accord) existing for a long time in the Sugar Industry. The object has never been to act contrary to provisions of the Convention. The Government also indicates that section 10 of the Occupational Safety and Health Act 2005 (OSHA 2005) imposes a legal duty on employers to carry out a risk assessment for the purpose of identifying measures to be implemented to ensure safety and health of employees. Moreover, the employer is required to review the risk assessment not later than 2 years after any assessment.

While observing that carrying out a risk assessment is an obligation under the 2005 OSHA, the Committee notes that the Sugar and Tea Industry Workers Regulations still provide, solely, for general limitations on the assignment of women. The Committee recalls that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of “both” men and women at work while taking account of gender differences with regard to specific risks to their health. Restrictions on women’s employment (“non-pregnant” and “non-nursing” women) are contrary to the principle of equality of opportunity and treatment between men and women unless there are genuine protective measures put in place to protect their health. This protection must be determined on the basis of the results of a risk assessment showing that there are specific risks for women’s health and/or safety. Therefore, such restrictions, if any, have to be justified and based on scientific evidence and, when in place, have to be periodically reviewed in the light of technological developments and scientific progress to determine whether they are still necessary for protective purposes. The Committee further recalls that it may be necessary to examine what other measures, such as improved health protection of both men and women, adequate transportation and security, as well as social services, are necessary to ensure that women can access the types of employment concerned on an equal footing with men (2012 General Survey on Fundamental Conventions, paragraph 840). The Committee therefore asks the Government to review its approach regarding restrictions on women’s employment in light of the above principles to ensure that protective measures are limited to maternity protection in the strict sense or based on occupational safety and health risk assessments and do not constitute obstacles to the employment of women. The Government is further required to provide information on any development in this regard.

Enforcement. The Committee takes note of the number of inspections carried out between 2019 and 2022 (90,667 and 35,141 respectively). It also notes that a total of 12 complaints linked to discrimination were registered and resolved in 2022, including three cases based on the grounds of sex, one related to trade union activities, and eight on other grounds. The Committee requests the Government to continue to provide information on the number, nature (ground concerned) and outcome (penalties imposed and compensation awarded) of the case of discrimination handled by the labour inspectorate and/or the courts.

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

Previous comment

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.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Legislative developments. The Committee takes note of the adoption of the Workers’ Rights Act, No. 20 of 2019 (WRA) that repealed the Employment Rights Act, 2008 (ERiA).

Article 1(1) of the Convention. Prohibited grounds of discrimination. Legislation. In its last comment, the Committee noted that the Equal Opportunity Act, 2008 (EOA) did not explicitly prohibit discrimination on the basis of “national extraction” and “social origin” while these grounds were prohibited under the ERiA, and requested that the Government harmonize the prohibited grounds of discrimination in the legislation. The Committee notes that the Government does not provide information in this regard in its report and observes that section 5(a) of the newly adopted WRA prohibits discrimination on the basis of national extraction and social origin. The Committee requests the Government to consider amending the Equal Opportunity Act, 2008 in order to ensure coherence on the prohibited grounds of discrimination in the legislation on non-discrimination and equality.

Scope of protection against discrimination. The Committee previously noted that pursuant to section 13(5)(c) and (e) of the EOA, two categories of workers were excluded from the protection of discrimination in respect to access to employment, namely domestic workers and workers in enterprises with less than ten employees on a full-time basis. In its report, the Government indicates that all workers, including from these two categories, may file complaints with the Inspection and Enforcement Section (IES) of the Ministry of Labour, Industrial Relations, Employment and Training (MLIRET). The Committee notes however, that domestic workers and workers in enterprises with less than ten employees on a full-time basis do not enjoy the benefit of the provisions of the EOA in relation with access to employment and therefore are prevented from the possibility to file complaints in this regard with the Equal Opportunity Commission (EOC). The Committee requests the Government to consider extending the protection of the Equal Opportunity Act on access to employment to domestic workers and workers in enterprises with less than ten employees on a full-time basis.

Discrimination based on sex. Sexual harassment. In its previous comments, the Committee had requested the Government to provide information on the application of the legislation against sexual harassment in practice. Attached to its report, the Government provides statistical information showing that: (1) in 2017, out of the 186 complaints filed with the EOC only one concerned sexual harassment; and (2) in 2018, only seven complaints of sexual harassment were filed with the IES of the MLIRET out of a total of 19,476 complaints. The Committee also notes that the Government indicates that regular inspection visits are carried out as preventive measures and that the EOC and the MLIRET conduct awareness-raising campaigns, and that an important case of sexual harassment is scheduled for trial in November 2020. While taking note of this information, the Committee recalls that the low level of complaints regarding sexual harassment is likely to reflect the lack of awareness, understanding and recognition of this form of sex discrimination, as well as the lack of access to, or the inadequacy of, complaints mechanisms and means of redress, or fear of reprisals (see General Survey on the fundamental Conventions, 2012, paragraph 790). The Committee asks the Government to provide information on the measures taken to raise awareness on this specific form of sex discrimination and ensure that workers are provided with effective protection when seeking redress for both quid pro quo and hostile environment sexual harassment. In particular, the Committee asks for information on the awareness-raising activities of the EOC and the labour inspectorate that specifically address sexual harassment, and on the number of cases of sexual harassment detected by the labour inspectorate or brought to its attention, or referred to the EOC or the courts, and the outcome given to these cases.

Discrimination on the basis of political opinion. The Committee previously noted that discrimination on the basis of political opinion was the most frequent ground of discrimination alleged before the EOC and requested the Government to adopt measures to prevent and eliminate discriminatory practices based on political opinion. The Committee notes that the Government does not provide information on the activities conducted to address specifically this ground of discrimination. It observes that in its report of activities for the period 2016–2019, the EOC indicates that complaints on the basis of political opinion represented 9 per cent of the complaints received. The Committee once again asks the Government to provide detailed information on the measures adopted to prevent and eliminate discrimination on the basis of political opinion, including specific information on awareness raising activities and information on the number of such cases detected by the labour inspectorate or brought to its attention, or referred to the EOC or the courts, as well as on the outcome of these cases.

Article 2. Equality of opportunity and treatment between men and women. Access to education and employment. In its previous comment, the Committee requested the Government to provide information on the measures adopted to increase the participation of girls and women in a wider range of educational and vocational training courses. The Committee notes that the Government provides detailed information on the activities of the Mauritius Institute of Training and Development (MITD) to improve access to training courses in general. The Committee also takes note of the information provided on a series of women empowerment programmes organized by the Ministry of Gender Equality, Child Development and Family Welfare (MGECDFW), namely the “Goal programme” and the “3E’s project: Empowerment through Education and Entertainment”. The Committee also notes that the MGECDFW will be implementing the “Leadership, Empowerment, Advocacy and Development Project” (LEAD) to bridge gender gaps in boardrooms. The Committee further notes the detailed information provided on the activities of the Employment Division of the MLIRET for the implementation of three training programmes: the “Youth Employment Programme”, the “Back to Work Programme” and the “Dual Training Programme”. The Committee welcomes these different initiatives. It notes, however, that the information provided relates to programmes aiming at increasing access to training in general and at improving leadership skills, without necessarily aiming at increasing women’s access to employment in male dominated sectors and occupations. In view of the above, the Committee asks the Government to provide detailed information on the activities conducted to improve girls and women’s access to trainings related to sectors of activity and occupations which tend to be male dominated, and on the results achieved.

National gender equality policy. In its past comment, the Committee requested information on the strategies and actions taken in the framework of existing gender policies to ensure equality of opportunity and treatment between men and women, and on the equal opportunity policies that have already been adopted and implemented by employers, pursuant to section 9 of the EOA. In its report, the Government indicates that a series of measures have been adopted towards the attainment of the United Nations’ Sustainable Development Goal 5 “achieving gender equality and empowering all women and girls”, including the holding of wide consultations on the formulation of a National Gender Policy 2019, the exchange of views on the opportunity of a Gender Equality Bill, and the establishment of four gender technical working groups comprising representatives of the private sector, academia, media and civil society. It also refers to the formulation of a National Costed Action Plan on Gender Mainstreaming and the establishment of the National Women’s Council (NWC), pursuant to the National Women’s Council Act, No. 40 of 2016 (NWCA). In this regard, the Committee observes that the NWC is responsible for implementing Government policies relating to women’s empowerment and gender equality and to advise the Minister on ways of addressing factors responsible for impeding women’s empowerment and gender equality (section 5 of the NWCA). The Committee notes these different initiatives. However, it also notes that, in its 2018 concluding observations, the United Nations Committee the Elimination of Discrimination against Women (CEDAW) expressed concern over the lack of a national action plan on the advancement of women and girls and over the complexity of the national machinery for the advancement of women and of State organs with similar mandates, such as the National Steering Committee, the gender focal points, the National Women’s Council, the National Women Entrepreneur Council and the Equal Opportunities Commission (CEDAW/MUS/CO/8, 14 November 2018 paragraph 13). The Committee asks the Government to indicate whether a national policy or action plan has been adopted on the advancement of women and girls (such as for instance the National Gender Policy and the National Costed Action Plan on Gender Mainstreaming mentioned in the report of the Government). It further asks the Government to specify the mandate of the different state organs responsible for the advancement of women, and to provide detailed information on their activities and the concrete results achieved towards equality and non-discrimination in employment and occupation on the basis of sex. Last, noting that the Government does not provide information in this regard, the Committee reiterates its request for information on the implementation of section 9 of the Equal Opportunity Act in practice.

Article 5. Special measures of protection. Previously, the Committee, noting that the Remuneration Regulations governing the salt manufacturing industry, the sugar industry and the tea industry provided for general limitations on the assignment of work to women workers, urged the Government to ensure that, when revised, these limitations on assignment of work to women are strictly limited to maternity protection. The Committee notes that, on 24 October 2019, these Remuneration Regulations were revoked and replaced with new regulations. It notes with regrets that the Sugar Industry (Agricultural Workers) (Remuneration) Regulations 2019 (section 9(1) of the First Schedule) and the Tea Industry Workers (Remuneration) Regulations 2019 (section 4(2) of the First Schedule) continue to provide for general limitations on the assignment of women. It therefore recalls that while measures aimed at protecting maternity in the strict sense come within the scope of Article 5 of the Convention, protective measures for women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and role in society are contrary to the Convention. It urges the Government to amend the general limitations on the assignment of work to women workers. In this regard, the Committee also refers to its comments on the application of the Equal Remuneration Convention, 1951 (No. 100).

Enforcement. In its last comment, the Committee requested the Government to provide information on the number and nature of complaints dealt with by the EOC and the Equal Opportunities Tribunal (EOT). The Committee notes from the report of activities of the EOC for 2016–2019 that grounds of discrimination invoked in complaints relate for 42.5 per cent to ethnic origin and race, 36.5 per cent to sex, 11 per cent to age and 5.1 per cent to creed. The Committee also notes that, out of the 593 complaints filed with the EOC, 156 cases had been settled, nine had been referred to the EOT, and 108 were under examination. In addition, the Committee notes that, in 2018, there were only ten complaints regarding discrimination (including sexual harassment) filed with the IES of the MLIRET. Taking note of this information, the Committee requests the Government to provide detailed information on the activities conducted by the labour inspectorate to ensure the detection of cases of discrimination and address them (such as training of labour inspectors on discrimination, targeted inspection campaigns or plans, etc.) as well as on the remedies and sanctions imposed in the cases of discrimination dealt with by the EOC, the EOT, or the labour inspectorate.

Practical information. In follow up to its previous request for information in this regard, the Committee notes that the Government indicates that there are no research proposals at the moment in relation with discriminatory practices. Recalling the importance of collecting data and conducting research on the actual situation, including the underlying causes of discrimination, the Committee requests the Government to provide information on any studies conducted or envisaged with regard to matters covered by the Convention.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Articles 1(a) and 2 of the Convention. Discrimination on the basis of race, colour, national extraction and social origin. In its previous comments, the Committee expressed concern at the situation of workers from the Malaise Creole community and urged the Government to take proactive measures to address without delay discrimination based on race, colour and ethnic and social origin. In its report, the Government indicates that Mauritius is a multicultural country and that no persons identified themselves as members of the Malaise Creole community during the last population census. The Committee notes that in its activity report 2016–19, the Equal Opportunity Commission (EOC) indicates that complaints of discrimination based on ethnic origin, race, caste and place of origin amount to 9 per cent of the total number of complaints. It also notes that, in its 2018 concluding observations, the United Nations Committee on the Elimination of all Forms of Racial Discrimination (CERD) expressed concerned that the Creoles face de facto discrimination in all walks of life, are disproportionately vulnerable to poverty and have limited access to employment, housing, health care and education. The Committee notes with regret the fact that, as indicated by the CERD, the measures taken by the Government and the EOC have had a limited impact on improving the socioeconomic situation of the Creoles, and the lack of measures specifically targeted at improving their situation (CERD/C/MUS/CO/20-23, 19 September 2018, paragraph 26). The Committee once again urges the Government to take proactive measures to address discrimination in employment and occupation based on race, colour and ethnic and social origin, including against workers in Creole communities. The Committee also encourages the Government to undertake 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.

General observation of 2018. Regarding the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and differences in remuneration for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, and remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 1(2). Inherent requirements of the job. The Committee previously noted that section 13 of the Equal Opportunities Act, 2008 (EOA), provides for a wide range of cases in which an employer or a prospective employer may discriminate against a person on the basis of sex and that section 6(3) of the EOA and section 4(3) and (4) of the Employment Rights Act, 2008 (ERiA), provides that conditions, requirements or practices that have or are likely to have a “disadvantaging effect” are not deemed discrimination where they are “justifiable” or “reasonable in the circumstances”. It urged the Government to ensure that the exceptions permitted correspond in a concrete and objective way to the inherent requirements of a particular job. The Committee notes that the Workers’ Rights Act, No. 20 of 2019 (WRA), replaced the ERiA, but again provides in section 5(3) that “(a) person does not discriminate against another person by imposing or proposing to impose on that other person a condition, requirement or practice that has or is likely to have a disadvantaging effect, where the condition, requirement or practice is reasonable in the circumstances.” Furthermore, the Committee notes the Government’s indication that the Guidelines for Employers enumerate the provisions of section 13 of the EOA, without providing further guidance on their scope or implementation. In this regard, the Committee recalls that workers of both sexes should have the right to pursue freely any job or profession and that exclusions or preferences in respect of a particular job should be determined in a concrete and objective manner, taking into account the inherent requirements of a particular job and without reliance on stereotypes or negative prejudices about men’s and women’s roles. The Committee therefore asks the Government to review the application in practice of section 13 of the Equal Opportunity Act, 2008, and section 5(3) of the Workers’ Rights Act, No. 20 of 2019, to ensure that the exceptions permitted are in fact based on the inherent requirements of a particular job and do not restrict the right of workers of both sexes to pursue freely any job or profession. It also requests the Government to provide specific examples of the particular jobs concerned, as well as information on any judicial decisions interpreting these provisions or any advice, decisions or recommendations by the Equal Opportunity Commission dealing with this issue.

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1(1) of the Convention. Prohibited grounds of discrimination. Legislation. The Committee previously noted that, while the Employment Rights Act (ERiA) of 2008 covers all the grounds of discrimination prohibited by the Convention, the Equal Opportunities Act (EOA) of 2008 does not explicitly prohibit direct and indirect discrimination on the basis of “national extraction” and “social origin” enumerated in Article 1(1)(a) of the Convention, although it covers “caste” which is a component of “social origin” and “place of origin”. The Committee however notes from the report published by the Equal Opportunities Commission (EOC) in 2014 that while “place of origin” is not defined under the national legislation, it seems to refer only to geographical origin, which is more restrictive than the meaning of the ground of “national extraction” referred to in the Convention. Noting the Government’s indication that this issue is a matter of policy decision, the Committee requests the Government to take the necessary steps to harmonize the prohibited grounds of discrimination enumerated in the Equal Opportunities Act with those of the Employment Rights Act so as to ensure consistency in its non-discrimination and equality legislation and clearly prohibit, both in law and in practice, direct and indirect discrimination based on all the grounds enumerated under Article 1(1) of the Convention. Please provide information of any progress made in this regard.

Scope of protection against discrimination. The Committee previously noted that pursuant to section 13(5)(c) and (e) of the EOA, two categories of workers are excluded from the protection of discrimination in respect to access to employment, namely domestic workers and workers in enterprises with less than ten employees on a full-time basis. It notes that the Government does not provide information on the manner in which it is ensured that such workers enjoy the same protection against discrimination as all other workers in practice. The Committee draws the Government’s attention to the fact that overly broad exceptions in equality legislation excluding groups of workers, including domestic workers, from the protection of discrimination in respect of access to employment may lead to discriminatory practices by employers against these workers, contrary to the Convention (2012 General Survey on the fundamental Conventions, paragraph 830). In order to avoid any undue limitations of the protection which the Convention seeks to guarantee, the Committee requests the Government to examine the manner in which section 13(5)(c) and (e) of the EOA is applied in practice, by providing information on any judicial decisions interpreting these provisions or any advice, decisions or recommendations made by the EOC in this regard. It requests the Government to take the necessary measures to ensure that domestic workers, who are particularly vulnerable to discrimination, as well as workers in enterprises with less than ten full-time employees, enjoy the same protection against discrimination as all other workers, as required by the Convention.

Discrimination on the basis of sex. Sexual harassment. Referring to its previous comments on the legislative protection against sexual harassment (sections 25 and 26 of the EOA and section 51(1)(a) of the ERiA), the Committee notes the Government’s indication that ten cases of sexual harassment were reported to the Ministry of Labour, Industrial Relations and Employment from June 2013 to May 2016, of which five were withdrawn; three were rejected; one was referred to the Court; and one is still pending. It further notes that since its establishment in 2012, the EOC has dealt with eight complaints of sexual harassment and that, according to its 2014 report, following an investigation, one case was referred to the Director of Public Prosecutions. The Committee further notes the “Guidelines for Employers” published by the EOC in April 2013 which aim to help employers to draft an equal opportunity policies, and which refer to sexual harassment. Noting that only a few cases of sexual harassment have been submitted to the Ministry of Labour, Industrial Relations and Employment or the EOC, of which a few have led to further proceedings, the Committee requests the Government to provide information on specific measures taken to ensure effective protection of workers seeking judicial or administrative redress for both quid pro quo and hostile environment sexual harassment, in both the public and the private sectors, with an indication of the applicable rules as regards the burden of proof. Please provide information on further measures taken, both at the national level, such as awareness-raising campaigns, and at the business level, such as the adoption of equal opportunity policies at the workplace level, or the establishment of collective agreements, to prevent sexual harassment. The Committee requests the Government to continue to provide information on any cases of sexual harassment detected by the labour inspectors or brought to their attention during regular inspection visits, or referred to administrative or judicial bodies, among which is the EOC, and the outcomes thereof.

Discrimination on the basis of political opinion. The Committee notes from the report published by the EOC in 2014 that political opinion is the most frequent ground of discrimination alleged by complainants. From 2012 to 2015, 73 complaints were lodged on the basis of that ground before the EOC. The Committee notes that according to the EOC report, while some well-founded cases have been dealt with and settled, very often the complainants failed to prove discrimination on the basis of political opinion. Recalling that the burden of proof can be a significant obstacle to justice, particularly in light of the fact that the information needed in cases related to equality and non-discrimination is in the hands of the employer, the Committee requests the Government to provide further information on the concrete measures taken or envisaged to prevent and eliminate discriminatory practices based on political opinion. Please continue to provide information on the number and the nature of cases of discrimination on the basis of political opinion detected by the labour inspectors or brought to their attention during the regular inspection visits or referred to administrative or judicial bodies, among which is the EOC, and the outcomes thereof.

Article 2. Equality of opportunity and treatment between men and women. The Committee notes from the data available at the Central Statistics Office (CSO – Gender Statistics, 2014), that the female labour force participation remained low (39 per cent), that the unemployment rate for women was much higher than the unemployment rate for men (11.4 per cent against 5.5 per cent), and that unemployed women were generally more qualified than men. It notes that occupational gender segregation continues to be a significant feature of the labour market as women continue to be concentrated in the health, welfare and education sectors. Furthermore, the most popular fields of study for women in 2014 were traditional disciplines such as administration, accounting and education while they were largely underrepresented in engineering (3 per cent) and information technology (5 per cent). The Committee also notes from the statistical information provided by the Government the persistent low number of women in vocational training courses (19.8 per cent in 2015). It notes the Government’s indication that 25 ministries have formulated sectoral gender policies and that a National Costed Action Plan on Gender Mainstreaming will be formulated by February 2017 for implementation of strategies and actions aligned with these sectoral gender policies. The Committee again requests the Government to provide detailed information on the measures or strategies adopted and implemented, including in the context of national and sectoral gender equality policies, in order to increase the participation of boys and girls, as well as women, in a wider range of educational and vocational training courses, in particular, those related to sectors which tend to be male dominated. Please provide information on the results achieved in this regard. While hoping that a National Costed Action Plan on Gender Mainstreaming will be elaborated soon, in collaboration with the employers’ and workers’ organizations, the Committee requests the Government to provide specific information on the strategies and actions taken in the framework of the existing sectoral gender policies to ensure equality of opportunity and treatment between men and women. Please also indicate how many equal opportunity policies have already been adopted and implemented by employers, pursuant to section 9 of the EOA.

Article 5. Special measures of protection. Referring to its comments under the Equal Remuneration Convention, 1951 (No. 100), the Committee notes that Remuneration Orders Regulations governing the salt manufacturing industry (section 12), the sugar industry (section 8) and the tea industry (section 5) expressly provide for general limitations on the assignment of work to female workers. It recalls that protective measures applicable to women’s employment, which are based on stereotypes regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women in employment and occupation. Provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (2012 General Survey, paragraph 840). The Committee therefore urges the Government to ensure that, in the process of reviewing and modifying the Remuneration Orders Regulations in the salt manufacturing, sugar and tea industries, limitations on assignment of work to women are strictly limited to maternity protection. Please provide information on any development in this regard.

Enforcement. The Committee notes the Government’s indication that the EOC has its own mandate and operates according to the provisions of the EOA, independently of the labour inspectorate. Noting the information provided on the number of complaints examined by the EOC and the Equal Opportunities Tribunal (EOT), the Committee requests the Government to continue to provide information on the number and the nature of discrimination complaints dealt with by the EOC, the EOT, or any other dispute settlement bodies, and discrimination cases reported or detected by the labour inspectorate, in both the private and public sectors, as well as on the remedies provided or sanctions imposed.

Practical information. The Committee takes note of the Government’s indication that, following the adoption of the EOA in 2008, it had decided not to publish the study on “Discriminatory practices in the Mauritian Labour Market” as the information collected to that end was outdated. Welcoming the Government’s intention to undertake new research on current discriminatory practices in the labour market, the Committee requests the Government to provide information of the status of this study, as well as an indication of its findings once available.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1 and 2 of the Convention. Discrimination on the basis of race, colour, national extraction and social origin. Since 2007, the Committee has repeatedly expressed concern over persistent ethnic occupational stereotypes in the labour market, which particularly affect the members of the Malaise Creole community. It previously noted the existence of a hierarchy along skin colour, ancestry, caste and racial lines, as well as the discriminatory employment practices faced more particularly by women migrant workers. The Committee notes the Government’s indication that data on the employment situation of ethnic minorities in the country are not collected as a matter of principle as the issue is considered very sensitive. Noting further that according to the report of 2014 of the Equal Opportunities Commission (EOC) the caste system is still rooted in society, especially in the public sector, the Committee notes with regret that the Government does not provide information on any measures envisaged or taken to address this situation. The Committee further notes from this report that ethnic origin, together with race and colour, are one of the grounds of discrimination most frequently invoked by complainants, from both the public and private sectors, mainly with respect to recruitment and promotion. From 2012 to 2015, 85 complaints alleging discrimination on the grounds of race, colour or ethnic origin have been lodged before the EOC. The Committee urges the Government to take proactive measures to address without delay discrimination based on race, colour and ethnic and social origin, as well as occupational stereotyping in the labour market, including awareness-raising campaigns, in order to promote equality of opportunity and treatment of all segments of the population. The Committee requests the Government to provide information on any measures taken by the Government and the EOC in this regard. It further encourages the Government to undertake studies or research to analyse the situation of the different groups in the labour market, in particular members of the Malaise Creole community and migrant workers, with a view to effectively eliminating any discrimination against them on the grounds of race, colour, national extraction and social origin, as required by the Convention.

Article 1(2). Inherent requirements of a particular job. The Committee previously noted that section 13 of the Equal Opportunities Act (EOA) of 2008 provides for a wide range of cases in which an employer or a prospective employer may discriminate against a person on the basis of sex, race, colour, religion or political opinion. Furthermore, section 6(3) of the EOA and section 4(3) and (4) of the Employment Rights Act (ERiA) 2008, provide that conditions, requirements or practices that have or are likely to have a “disadvantaging effect” are not deemed discrimination where they are “justifiable” or “reasonable in the circumstances”. The Committee notes the Government’s indication that no information is available on the interpretation of these provisions in practice and that no recommendation has been provided in this regard by the EOC. The Committee recalls that in order to come within the scope of the exception provided for in Article 1(2) of the Convention, the criteria on which the exception is based must correspond in a concrete and objective way to the inherent requirements of a particular job. Systematic application of requirements involving one or more of the grounds of discrimination set out in the Convention is inadmissible and careful examination of each individual case is required. Such exceptions should be interpreted restrictively and on a case by-case basis so as to avoid undue limitation of the protection that the Convention is intended to provide (2012 General Survey on the fundamental Conventions, paragraphs 827–831). The Committee requests the Government to examine the manner in which section 4(3) and (4) of the ERiA and sections 6(3) and 13 of the EOA are applied in practice, and to provide concrete examples of the particular jobs concerned, as well as information on any judicial decisions interpreting these provisions or any advice, decisions or recommendations by the EOC dealing with this issue. It urges the Government to take the necessary measures to ensure that the exceptions permitted correspond in a concrete and objective way to the inherent requirements of a particular job, as required by the Convention.

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1 of the Convention. Prohibited grounds of discrimination. Legislation. The Committee notes that the Equal Opportunities Act (EOA) 2008 prohibits an employer or a prospective employer from discriminating directly or indirectly on the basis of the “status” of a person, which is defined in the Act to mean race, colour, creed, sex, political opinion, age, caste, sexual orientation, place of origin, ethnic origin, impairment or marital status, in employment and occupation, including training. Discrimination based on sex includes discrimination based on pregnancy, family responsibility or potential pregnancy (section 2 read in conjunction with sections 5, 6, 10 to 12). While noting that the Employment Rights Act (ERA) 2008 does cover such grounds, the Committee asks the Government to take the necessary measures to amend section 2 of the Equal Opportunities Act (EOA), so as to include national extraction and social origin in the definition of “status”. The Committee also asks the Government to indicate how the anti-discrimination provisions of the ERA and the EOA interrelate and invites the Government to examine the possibility to harmonize the lists of prohibited grounds of discrimination under the ERA and the EOA.

Scope of protection against discrimination. Domestic workers and workers in small enterprises. The Committee notes that, pursuant to section 13(5)(c) of the EOA, workers providing domestic or personal services in or in relation to a person’s home are excluded from the protection of discrimination in respect to access to employment. The Committee considers that the right to respect for private and family life should not be construed as protecting conduct that infringes the fundamental right to equality of opportunity and treatment in employment and occupation, including conduct consisting of differential treatment of candidates for employment on the basis of any of the grounds covered by Article 1 of the Convention where this is not justified by the inherent requirements of the particular job (General Survey on the fundamental Conventions, 2012, paragraph 830). In this context, the Committee notes with interest the ratification by Mauritius of the Domestic Workers Convention, 2011 (No. 189), on 13 September 2012 and draws the Government’s attention to its Article 3(2)(d) which requires ratifying States to take measures to eliminate discrimination in employment and occupation. The Committee also notes that, under section 13(5)(e) of the EOA, the recruitment of workers in enterprises with less than ten employees on a full-time basis is not covered by the anti-discrimination provisions of the EOA. The Committee asks the Government to indicate how it is ensured that domestic workers, who are particularly vulnerable to discrimination, as well as workers in enterprises with less than ten full-time employees, enjoy the same protection against discrimination as all other workers covered by the EOA.

Measures and practices not deemed discrimination. The Committee recalls that, according to section 4(3) and (4) of the ERA, conditions, requirements or practices that have or are likely to have a “disadvantaging effect” are not deemed discrimination where they are “reasonable in the circumstances”. In addition, under section 13 of the EOA, there is a wide range of cases in which an employer or a prospective employer may discriminate against a person. The Committee recalls that the exception under Article 1(2) of the Convention must be interpreted restrictively so as to avoid undue limitation of the protection that the Convention is intended to provide (see General Survey, 2012, paragraphs 827–831). The Committee asks the Government to examine the exceptions pursuant to the ERA (section 4(3) and (4)) and the EOA (section 13), in light of Article 1(2) of the Convention, and to take the necessary measures to ensure that the exceptions permitted correspond in a concrete and objective way to the inherent requirements of a particular job. Please provide information on any judicial decisions interpreting the above mentioned provisions of the ERA and the EOA or any advice, decisions or recommendations by the Equal Opportunity Commission (EOC) dealing with this issue.

Sexual harassment. The Committee notes that the EOA (like the ERA), includes provisions concerning sexual harassment (sections 25 and 26) and contains provisions on discrimination by victimization (section 7). It notes in particular that according to section 25(1)(b) “a person sexually harasses another person where, in circumstances in which a reasonable person would have foreseen that the other person would be humiliated, offended or intimidated, he engages in any other unwelcome conduct of a sexual nature towards another person”. Since its establishment in 2012, the EOC has dealt with three complaints of sexual harassment, and nine cases were reported to the Ministry of Labour, Industrial Relations and Employment from June 2010 to May 2013, of which four were withdrawn. During this period, numerous seminars on bullying, harassment, threat and violence in the workplace have been held with the participation of 331 persons (191 men and 140 women). The Committee asks the Government to clarify whether the definition of sexual harassment under section 25 covers hostile environment harassment, when not “towards” a particular person. Noting the low number of cases of sexual harassment reported, the Committee asks the Government to provide information on the measures taken to ensure effective protection of workers seeking judicial or administrative redress and to examine any difficulties encountered by complainants, including in relation to procedural matters such as the issue of submitting evidence. The Committee also asks the Government to continue to take preventive and awareness-raising measures among workers, employers and their respective organizations, and officials concerned, and to provide information on the measures taken in this respect. Please also provide information on any cases detected by the labour inspectors or brought to their attention during regular inspection visits, and the outcome thereof.

Discrimination on the basis of political opinion. Noting from the interim report of the EOC (May–October 2012) that 15 per cent of the complaints lodged concern discrimination on the basis of political opinion and recalling its 2008 comments, the Committee asks the Government to indicate the measures taken or envisaged to eliminate discriminatory practices based on this ground.

Article 2. Equality of opportunity and treatment between men and women. The Committee notes from the statistics provided by the Government the low number of women in vocational training courses (20.7 per cent from 2010 to 2012), the low participation of women in employment in general and that occupational sex segregation continues to be a significant feature of the labour market. The Committee welcomes the Government’s indication that all primary school textbooks have been rewritten under a new curriculum initiative in order to remove gender stereotypes. The Government also indicates that measures were taken to develop higher level training programmes with a view to further increase the participation of women in female dominated sectors but also to introduce technology as a compulsory learning domain for boys and girls and steps taken, in the Technical and Vocational Education and Training sector (TVET), to set goals such as “increase access and improved equity in TVET” and targets such as “total female enrolment increased by 40 per cent”. The Committee recalls that access to education and to a wide range of vocational training courses is a key factor in determining the actual possibilities of gaining access to a wide range of paid occupations and employment, especially those with opportunities for advancement and promotion (General Survey, 2012, paragraph 750). Welcoming the efforts made by the Government with respect to equality in education and training, the Committee asks for information on the implementation of the strategies aiming at increasing the participation of boys and girls to a wider range of courses, in particular in the TEVT sector and in sectors which tend to be male dominated, and on the results achieved. Noting that 16 ministries have formulated sectoral gender policies, the Committee asks the Government to provide information on any measures taken in this framework and the results thereof, so as to achieve gender equality in employment and occupation. Please also provide information on any equal opportunity policies addressing gender equality put in place by employers pursuant to section 9 of the EOA, and their results.

Equality of opportunity and treatment irrespective of race, colour, national extraction and social origin. The Committee notes the Government’s indication that a vast awareness-raising campaign has been undertaken with a view to promoting the work of the EOC and sensitizing the population to the EOA. The Committee notes from the interim report (May–October 2012) of the EOC that 20 per cent of the complaints lodged concern discrimination of the basis of ethnic origin, 6 and 5 per cent of which concern caste and place of origin respectively. The Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed concern at the existence of hierarchy along skin colour, ancestry, caste and racial lines in the State party’s society, whereby groups are perceived as, or felt, superior or inferior to others (CERD/C/MUS/CO/15-19, 18 April 2013, paragraph 16) and noted in particular the disadvantaged position of the Creole community (ibid., paragraph 19). The Committee also notes the concerns expressed by CERD at the poor working conditions of migrant workers (ibid., paragraph 22) and the concerns raised by the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) at the discriminatory employment practices faced by women migrant workers (CEDAW/C/MUS/CO/6-7, 21 October 2011, paragraph 34). Recalling its 2008 comments, the Committee asks the Government to take proactive measures to address discrimination based on ethnic and social origin and occupational stereotyping in the labour market, including awareness-raising campaigns, and to promote equality of opportunity and treatment of all ethnic groups, including through affirmative action measures, and to provide information on the measures taken by the Government and the EOC in this respect. The Government is asked to provide specific information on the situation of the Creole community in employment and occupation. Please also provide information on any equal opportunity policies put in place by employers pursuant to section 9 of the EOA addressing discrimination based on ethnic and social origin, and their results.

Enforcement. Labour inspection. Noting the information regarding discrimination cases reported to the Ministry, the Committee requests the Government to provide information on the discrimination cases detected by the labour inspectors or brought to their attention during the regular inspections visits. Please also indicate whether, and how, the labour inspectorate cooperate with the EOC, with respect to violations of the anti-discrimination provisions of the ERA and the EOA.

Practical information. Please provide information on the status of the study on “Discriminatory practices in the Mauritian Labour Market” and an indication of its findings.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Equality body. The Committee notes with interest that the Equal Opportunities Act 2008 came into force on 1 January 2012, establishing the Equal Opportunities Commission (EOC) and the Equal Opportunities Tribunal (EOT). The Government indicates that the EOC, created as an independent body to implement the Act, provide advice, examine discrimination complaints and make recommendations to the Government, was set up on 26 April 2012. By 20 June 2013, the EOC had received a total of 655 cases, of which 430 had been examined. The EOT, which hears the complaints referred by the EOC, issues interim orders if the matter is urgent, makes orders for payment of compensation and for action of redress and issues directives to ensure compliance with the Act, was also established. The Committee asks the Government to continue to provide information on the enforcement and awareness-raising activities of the EOC, including relevant extracts of reports, and on any orders issued by the EOT addressing specifically non-discrimination and equality in employment and occupation. Please also provide information on any measures taken further to the recommendations made by the EOC.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. Legislative developments. The Committee notes the adoption of the Equal Opportunity Act, 2008, which has not yet been proclaimed. The Committee notes that according to the Government the Act aims at ensuring equality of opportunities to persons in the workplace in particular, and it prohibits direct and indirect discrimination on the grounds of person’s status, namely age, caste, colour, creed, ethnic origin, impairment, marital status, place of origin, political opinion, race, sex or sexual orientation (sections 2, 5 and 6 of the Act). The Committee notes, however, that the Act does not explicitly prohibit direct and indirect discrimination on all the grounds enumerated in Article 1(1)(a) of the Convention. Recalling the importance of including explicit reference to all the grounds enumerated in Article 1(1)(a) in legislation prohibiting discrimination (see paragraph 206 of the Special Survey on equality in employment and occupation, 1996), the Committee asks the Government to take the necessary steps to ensure that legislation explicitly includes the prohibition of discrimination in employment and occupation on at least all the grounds set out in Article 1(1)(a) of the Convention. Please provide information on any developments in this respect. The Committee also asks the Government to provide information on the application of section 4 of the Employment Rights Act, including any relevant judicial decisions concerning the application of subsections 2–4 of section 4 of the Act.

Scope of application. The Committee notes the Government’s indication that section 3 of the Employment Rights Act provides protection against discrimination in employment to public officers, workers of the local authorities and workers of parastatal bodies. With regard to migrant workers, the Committee notes the concerns raised by the United Nations Committee on Economic, Social and Cultural Rights regarding the difficulties faced by migrant workers in employment, and the “little legal protection” afforded to them (concluding observations, E/C.12/MUS/CO/4, 8 June 2010, paragraph 19). The Committee also notes that, pursuant to section 16(4) of the Constitution, the protection against discrimination provided by the Constitution does not apply to laws that make provisions with respect to non-nationals. The Committee asks the Government to indicate whether migrant workers are protected against discrimination in employment and occupation, based on all the grounds enumerated in the Convention and with respect to all stages of the employment process.

Sexual harassment. The Committee notes the provisions of the Employment Rights Act concerning violence at work which provides that “no person shall harass, sexually or otherwise, a worker, in the course of or as a result of his work” (section 54(1)(a)). The Committee further notes the Government’s indication that initiatives have been taken with a view to raising employers’ awareness about the Employment Rights Act’s provisions on harassment at the workplace and that anti-harassment policies have been introduced at enterprise level. The Government also indicates that the Sex Discrimination Division, along with the Ministry of Labour, Industrial Relations and Employment, is undertaking education programmes for workers on violence and harassment at the workplace. Despite the efforts made to prevent sexual harassment in the workplace, the Committee notes the low number of sexual harassment cases detected by the Inspection and Enforcement Section of the Ministry of Labour, Industrial Relations and Employment. The Committee also notes from the 2008 annual report of the National Human Rights Commission that many victims were afraid of lodging complaints to the Sex Discrimination Division because of the fear of losing their jobs. The Committee asks the Government to continue to take the necessary steps to prevent and address sexual harassment at the workplace including through awareness-raising activities for workers with respect to their rights. The Committee further requests the Government to take measures to ensure effective protection of workers seeking judicial or administrative remedies. Please provide information on any achievements in this regard.

Article 2. Equality of opportunity and treatment between men and women. With regard to occupational gender segregation, the Committee notes the Government’s indication that progress has been made on the representation of women in the public sector, particularly in the police force, public transport and at the political level. However, the Committee notes from the statistical data provided by the Government that the number of women in some occupations such as “legislators, senior officials and managers” (36.7 per cent) is still low compared to men (63.3 per cent) and that women continue to be concentrated in education (i.e. education officer, teacher and senior teacher) and clerical positions in the public sector. The Committee also refers the Government to its comments on the application of the Equal Remuneration Convention, 1951 (No. 100). Furthermore, the Committee notes from the results of the Continuous Multi-Purpose Household Survey (2010) that women continue to face difficulties in accessing the labour market compared to men: they represent only 37.4 per cent of the labour force, with an unemployment rate of 12.8 per cent (with the male unemployment rate at 4.4 per cent) and an activity rate of 44.3 per cent (76.9 per cent for men).

The Committee notes that a series of measures have been taken to develop strategies for empowering women in the labour market: (i) the National Gender Policy Framework (NGPF), which has been adopted in 2008; (ii) national programmes are to be developed under the National Empowerment Foundation to improve women’s skills and to encourage them to embark on non-traditional jobs (2009 budget speech, paragraph 270); (iii) the establishment of a gender unit within the Ministry of Women’s Rights, Child Development and Family Welfare to act as a policy-making and monitoring body for gender mainstreaming, and to undertake activities towards women’s empowerment (CEDAW/C/MAR/6-7, 1 June 2010, paragraph 2.25); and (iv) a project management unit (PMU) was set up to accompany groups of women to facilitate access to employment and to assist them in starting small businesses (CEDAW/C/MAR/6-7, 1 June 2010, paragraph 2.61). Finally, the Committee notes the concerns expressed by the United Nations Committee on Economic, Social and Cultural Rights in its concluding observations regarding the persistence of stereotypes in the division of responsibilities between women and men, and the fact that men are still considered to be the main source of income for the family while women are expected to be primarily responsible for household chores (E/C.12/MUS/CO/4, 8 June 2010, paragraph 15). The Committee asks the Government to provide information on the results achieved in the implementation of the measures taken to promote equality of opportunity and treatment in employment and occupation, especially with regard to the National Gender Policy Framework, the National Empowerment Foundation, the gender unit and the project management unit. Please provide updated statistical information disaggregated by sex on the distribution of men and women in the various industries and occupations in the public and private sectors.

Access to vocational training and education. The Committee notes the Government’s indication that sensitization campaigns have been carried out in training centres and secondary schools to promote women’s enrolment in various training courses and to foster their participation in a wider range of technical courses, including courses which have so far been dominated by men. The Committee further notes that women continue to be concentrated in technical courses such as garment making, hairdressing, arts and crafts. The Committee asks the Government to provide information on the measures taken or envisaged to eliminate any stereotypes on the roles of men and women in education, and to encourage girls and women to take up non-traditional subjects, including further information on the sensitization campaigns carried out in training centres and secondary schools. Please also continue to provide information on the measures taken to promote women’s enrolment in training courses and to foster their participation in a wider range of technical courses, including courses which have so far been dominated by men.

Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee recalls that ethnic occupational stereotypes persist in the Mauritanian labour market and particularly affect the members of the Malaise Creole community. In this regard, the Government indicates that, once the Equal Opportunity Act is adopted, no person will be placed at a disadvantage by reason of creed or ethnic origin, and will have the possibility to lodge a written complaint to the Equal Opportunities Division if their rights have been infringed. The Committee further notes that under the Equal Opportunity Act, every employer shall “drawn up and apply … an equal opportunity policy at his place of work with a view to minimizing the risk of an employee being discriminated against and to promote recruitment training, selection and employment on the basis of merit” (section 9(1)). The Committee asks the Government to provide information on the implementation of the Equal Opportunity Act with regard to all ethnic groups in Mauritius, once the Act is adopted. In the meantime, the Committee asks the Government to provide specific information on the employment situation of ethnic minorities in the country, including members of the Creole community, as well as information on the specific measures taken or envisaged to promote their access to employment and occupation. Please also provide information on any relevant administrative or judicial decisions regarding discrimination against ethnic minorities in employment, particularly with regard to section 4 of the Employment Rights Act.

Enforcement. While noting the information provided by the Government on the complaints received by the Human Rights Commission, the Committee also notes that no cases of discrimination have been brought before the courts. The Committee asks the Government to continue to provide information on the application of the Convention, including information on any activities taken or envisaged to raise awareness and understanding of judges, labour inspectors and other officials responsible for monitoring the application of the Convention.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s report and the observations of the Federation of Parastatal Bodies and Other Unions (FPBOU) and of the Mauritius Employers’ Federation which were attached thereto. The Committee notes that the Employment Rights Act, 2008 was adopted on 22 August 2008, replacing the Labour Act of 1975. It notes further that the Employment Relations Act was also adopted on the same date, replacing the Industrial Relations Act, 1973. However, copies of these Acts have not yet been made available to the Committee. The Committee asks the Government to supply copies of the Employment Rights Act and the Employment Relations Act.

Article 1 of the Convention. Legislative developments. The Committee notes that, according to the Government’s report, section 4 of the Employment Rights Act prohibits discrimination in employment and occupation on the ground of age, race, colour, caste, creed, sex, sexual orientation, HIV status, religion, political opinion, place of origin, national extraction or social origin. The Committee notes that section 4(2) provides for an exception to the prohibition of discrimination in the case of a distinction, exclusion or preference in respect of the inherent requirements of a certain job. It also notes that, pursuant to subsections 3 and 4, specific conditions, requirements or practices can be imposed on a person when this disadvantageous treatment is “reasonable”, taking into account circumstances set forth in subsection 4. The Committee further notes the Government’s intention to introduce the Equal Opportunities Bill in the near future. The Committee hopes that the exceptions to the prohibition of discrimination provided for in section 4 of the Employment Rights Act will be strictly limited to particular jobs based on the inherent requirements thereof. The Committee requests the Government to provide information on the application of section 4, including copies of any relevant judicial decisions concerning the application of subsections 2-4. Recalling its previous comments on the shortcomings of the Equal Opportunities Bill, the Committee also reiterates its hope that the Government will take the necessary steps to amend the Equal Opportunities Bill so as to ensure that it will prohibit discrimination on the grounds of political opinion and social origin, in line with Article 1(1)(a) of the Convention. Please provide information on any developments in this regard.

Scope of application. The Committee understands from the Government’s report that public officers, workers of local authorities and workers of parastatal bodies are not covered by the Employment Rights Act, with the exception of the provisions concerning violence at work. The Committee requests the Government to indicate how it is ensured that these categories of workers enjoy the same protection against discrimination as the workers covered by the Employment Rights Act.

Sexual harassment. Further to its previous request, the Committee notes that the Government lacks information about the number of employers who are actually using the “Guidelines for an Anti-Harassment Policy”. It, however, notes that the Mauritius Federation of Employers was requested to encourage its members to adopt an anti-harassment policy. The Committee also notes the initiatives taken by the Ministry of Labour, Industrial Relations and Employment and the Sex Discrimination Division (SDD) with a view to raising public awareness about sexual harassment at the workplace. The Committee further notes the judgement delivered by the Industrial Court on a case of sexual harassment and it notes that during the biennium 2006–07 the SDD received approximately 30 complaints concerning sexual harassment while the labour inspection services recorded four such cases. The Committee encourages the Government to gather and submit information on the application of the anti‑harassment policy at the enterprise level and to continue its efforts to prevent sexual harassment in the workplace, including through sensitization and awareness-raising campaigns, in cooperation with the social partners. The Committee also requests the Government to continue to provide information on the enforcement of the legislation on sexual harassment.

Discrimination on the basis of political opinion. Recalling its previous comments on the widespread practice of recruiting workers for middle management and clerical posts on the basis of their political opinion, the Committee notes the Government’s intention to examine the recommendations on this point set out in the study on “Discrimination practices in the Mauritian labour market” with a view to identifying the measures needed to eliminate these practices. The Committee requests the Government to provide information on the measures taken or envisaged to eliminate such discriminatory recruitment practices and ensure that no discrimination on the ground of political opinion takes place in the public and private sectors.

Article 2. Equality of opportunity and treatment between men and women. The Committee recalls its previous comments on the occupational gender segregation existing in Mauritius’s labour market. It notes from the Government’s report that various workshops, career guidance and counselling on working opportunities available in the fields traditionally dominated by men, are provided to women and girls with a view to addressing the current situation. While noting the Government’s indication that some progress is being made in this regard and that women have access to posts once exclusively held by men, including in the police force, the Committee notes from the statistics provided by the Government that in 2007 women held only 35.6 per cent of the managerial positions in the government services, while holding approximately 72 per cent of the clerical posts. It also notes that women represented only 10 per cent of the ministers and 17 per cent of the Members of Parliament. From the statistics, it also emerges that in 2007 women accounted for approximately 14 per cent of the workers in the transport sector, 30 per cent of the workers in agriculture, hunting and forestry, approximately 56 per cent of the workers in the education sector and 52 per cent of the workers in the health sector. The Committee requests the Government to continue to provide information on the measures taken to promote equality of opportunity and treatment between men and women in respect of employment and occupation and address the horizontal and vertical occupational sex segregation still existing in the labour market. In this context, please provide information on measures taken under the Action Plan for the National Gender Policy (2005–15) and any other measures taken as a follow-up to the recommendations included in the abovementioned study on discriminatory practices, and their impact. Please also continue to supply statistical information on the distribution of men and women in the different economic sectors, occupational categories and positions.

Access to vocational training and education. The Committee notes from the Government’s report that there has been a general increase in women’s participation in the technical courses offered by the Industrial and Vocational Training Board (IVTB). It also notes that women’s participation is mainly directed to the courses offered by the School of Design (in 2007, women represented approximately 49.5 per cent of the total number of participants) and the Hotel School (42.7 per cent), while enrolment rates in the other courses remain very low. With regard to the enrolment in the full-time vocational programmes provided by the High Institute of Technology, the Committee notes that while women’s rates of enrolment were almost the same as men’s in
2006–07, they dramatically decreased in 2007–08. The Committee also notes that almost no women took the final exam envisaged in these programmes. The Committee requests the Government to provide information on the measures taken to promote women’s enrolment in training courses and to foster their participation in a wider range of technical courses, including courses which have so far been dominated by men. The Committee also invites the Government to analyze the underlying causes for the decrease in women’s participation in the education programmes offered by the High Institute of Technology as well as their failure to complete these studies, and to take measures accordingly to address these causes.

Equality of opportunity and treatment irrespective of race, colour and national extraction. Further to its previous request, the Committee notes that the Code of Conduct for a Conflict Free Workplace (2003) will be revised following the adoption of the Employment Relations Act. The Committee also notes the Government’s statement that the national policy of equality of treatment for all would prevent the Employment Service from “discriminating positively” against ethnic groups and, in particular, from adopting measures to promote access to employment of members of the Creole community. The Committee wishes to emphasize that by ratifying the Convention, the Government has undertaken to take measures to eliminate discrimination and promote equality of opportunity and treatment in employment and occupation, including on the grounds of race, colour and national extraction. These may include affirmative action measures to overcome past and persisting discrimination. The Committee also stresses that in the absence of such measures, persons belonging to ethnic groups may, in practice, maintain a disadvantaged position in the labour market and thus not be able to exercise the right to equality of opportunity in respect of employment and occupation. The Committee requests the Government to:

(i)    take proactive measures to address ethnic discrimination and occupational stereotyping in the labour market and to promote equality of opportunity and treatment of all ethnic groups in Mauritius, including members of the Creole community;

(ii)   provide information on any inputs provided in this regard by the Labour Advisory Council according to section 65 of the Employment Rights Act mandating this body to promote the implementation of the Convention; and

(iii) provide a copy of the revised Code of Conduct for a Conflict Free Workplace, once adopted.

Article 4. Measures affecting an individual suspected of activities prejudicial to the security of the State. The Committee notes that no complaints were received concerning the application of Article 4. The Committee invites the Government to continue to provide information on the application of Article 4.

Article 5. Special measures. Recalling its previous comments concerning the special measures for the transport of women under the Labour Act, applied in particular in the sugar industry, the Committee hopes that any limitations affecting female workers under the newly adopted legislation will be limited to protecting maternity, and will not limit women’s equal access to employment and occupation.

Enforcement. The Committee notes the information provided by the Government on the complaints received by the Human Rights Commission concerning human rights violations by public officers or public bodies as well as the information concerning cases of gender discrimination dealt with by the Sex Discrimination Division (SDD). The Committee requests the Government to continue to provide information on any cases relevant to the application of the Convention handled by the Human Rights Commission and the SDD. Please also provide information on any relevant violations detected by the labour inspection services, the sanctions imposed and the remedies provided. The Committee further requests the Government to indicate the measures taken or envisaged following the findings and the recommendations included in the Study on “Discriminatory practices in the Mauritian labour market”.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the comments received from the Federation of Parastatal Bodies and Other Unions (FPBOU) attached to the Government’s report as well as the Government’s reply.

1. Article 1 of the Convention. Legal protection against discrimination. The Committee notes that the Equal Opportunities Bill is still pending and that the Government expects that the Equal Opportunities Bill will reinforce the legal framework to prevent and combat discrimination. The Committee had, however, previously noted that the Equal Opportunities Bill did not include protection against discrimination on the basis of political opinion and that it was unclear about protection against social origin discrimination. The Committee notes that section 4(1) and (3)(a) and (b) of the draft Employment Rights Bill defines and prohibits direct and indirect discrimination in employment and occupation based on race, colour, sex, sexual orientation, HIV status, religion, political opinion, national extraction and social origin in accordance with the Convention. The Committee hopes that the Employment Rights Bill will soon be adopted and that the Government will take steps, in order to ensure consistency in its non-discrimination and equality legislation, to amend the Equal Opportunities Bill so that it also protects against discrimination based on political opinion and social origin in line with Article 1(1)(a) of the Convention. Please keep the Committee informed of any developments in the adoption of the new legislation.

2. Scope of application. The Committee notes that the Employment Rights Bill appears to exclude public officers and workers of local authorities from all but Part X of the Bill (Violence at work). Similarly, it is unclear whether the Bill applies to workers of parastatal bodies. The Committee recalls that the principle of the Convention applies to all workers and recommends the Government to take steps to ensure that these workers are not excluded from the provisions providing protection against discrimination (Part IV) and equal remuneration (Part V).

3. Sexual harassment. The Committee notes that the Employment Rights Bill defines and prohibits harassment, including sexual harassment. It also notes with interest the guidelines for an Anti-Harassment Policy and that the Action Plan for the National Gender Policy (2005–15) aims to create awareness and enforce the legislation to deal with offenders of sexual harassment at the workplace and to reduce this form of sexual discrimination. The Committee asks the Government to provide an indication in its next report on the number of employers that are using the guidelines for an Anti-Harassment Policy and the impact on reducing sexual harassment at work. The Committee would also be grateful to receive information on the measures taken, in cooperation with the social partners, under the Action Plan to raise awareness and enforce legislation on sexual harassment. Please also continue to provide information on the number of sexual harassment complaints handled by the Sex Discrimination Division, the labour inspection services and the courts, and provide a copy of the judgement of the Industrial Court when issued.

4. Discrimination on the basis of political opinion. The Committee notes the observations by the FPBOU that following the general elections in July 2005 the present Government is systematically laying off workers who are of different political opinion. The Government, in its reply, states that after inquiring into these cases of alleged discrimination based on political opinion with the FPBOU, it appeared that the statements made were based on press articles and that there were no specific complaints that could substantiate the observations made. The Committee notes that the findings of a recent study on “Discriminatory Practices in the Mauritian Labour Market” (2007) carried out in partnership with the UNDP and the ILO, indicate that recruitment practices based on political opinion are widespread especially for middle management and clerical posts and that this could lead to employment discrimination against those who have a different political opinion. The Committee notes that the ground of political opinion has been included in the provisions on discrimination of the Equal Opportunities Bill and the Employment Rights Bill. The Committee encourages the Government to examine the nature and extent of discriminatory practices based on political opinion in the private and public sectors in order to take effective measures to eliminate these practices, and provide information on the measures taken in this regard in its next reports.

Equality of opportunity and treatment between men and women

5. Access to employment and occupation. In its previous comments, the Committee had noted the wide-ranging horizontal and vertical occupational segregation of men and women in both the public and private sectors. The Committee notes that the statistics of 2005 on the economic activity rates continue to confirm this gender segregation of the labour market. Likewise, the statistics of 2005 on employment in government services show that women employees are mostly concentrated in the education and health sectors and in clerical work. Except for head teachers, they are under-represented in posts of responsibility and hardly any women are working as service workers in the police force; no women work in the fire brigade or as skilled agricultural workers and women are highly under-represented as craft and related trade workers, plant and machine operators and in elementary occupations. The Committee notes from the abovementioned study on discriminatory practices that the occupational segregation and low economic activity rates of women can partly be explained by employers’ preferences for male workers due to perceived costs relating to maternity and women’s responsibility for family and childcare, as well as the lack of part-time employment opportunities and the fact that some jobs required long working hours. The Committee notes with interest the strategies in the Action Plan for the National Gender Policy (2005–15) to address discrimination in employment and occupation, to increase the number of women in management posts and top-level positions, to assist workers to reconcile work and family responsibilities, to increase women’s participation in, and access to, resources in the agricultural, fisheries and environmental sectors and to increase their access to technical skills and services in these sectors, and to promote their participation in the media and advertising industry especially in areas where they are under-represented. The Committee asks the Government to indicate in its next report the progress made in implementing the Action Plan, and in particular the results achieved in addressing the occupational segregation of women in the labour market and their promotion in a wider range of jobs, including those with career opportunities. Please continue to provide statistics, disaggregated by sex, on the employment of men and women in the private and public sectors.

6. Access to vocational training and education. Further to its previous comments, the Committee notes from the statistics of 2005 provided by the Industrial and Vocational Training Board (IVTB) that in more than 40 per cent of the full-time courses offered, no women had been enrolled. Figures for 2005 on female enrolment in part-time vocational training courses show a similar trend. The Committee notes the Government’s statement that currently there are no measures taken to encourage women to choose from a wider variety of courses. However, it also notes that the strategies in the Action Plan for the National Gender Policy (2005–15) include measures to provide career guidance and counselling to female students, to provide for alternative skills training for men and women laid off in the EPZ sector, to improve the participation of women in technical skills training, and to address gender stereotypes in education and training. The Committee asks the Government to indicate in its next report the results achieved by the measures taken under the Action Plan, including by the IVTB, to increase women’s participation in a wider variety of technical courses, especially those in which no women have been enrolled so far, and also to indicate the number of women that have actually found employment after having followed these courses. Please also continue to provide statistical information on the enrolment of men and women in vocational training.

Equality of opportunity and treatment with to respect race,
colour, national extraction

7. National policy to promote equality. The Committee notes the Government’s statement that five enterprises have been identified to implement the guidelines of the Code of Practice for a Conflict Free Workplace in 2003 but that so far the guidelines have not been much used. The Committee notes from the study on discriminatory practices that ethnic occupational stereotypes still persist in the Mauritian labour market reflecting the belief that members of a certain ethnic community are more suitable for certain jobs than others. Occupational stereotyping appears to be particularly prevalent in the EPZ, the construction industry and in education. Furthermore, the study suggests that ethnic stereotyping particularly affects the members of the Malaise Creole community who have been socially disadvantaged and who suffer from unequal access in education. This has an impact on their opportunities in the labour market where the recruitment system is based on educational attainment. The Committee asks the Government to indicate in its next report the measures taken or envisaged: (a) to encourage utilization of the guidelines by the five enterprises; (b) to address ethnic discrimination and occupational stereotyping in the labour market; (c) to promote equality of opportunity and treatment of all ethnic groups in Mauritius, and particularly to improve access to employment of members of the Creole community; and (d) to report on the results achieved in respect of all the measures.

8. Article 4. Measures affecting persons justifiably suspected of, or engaged in, activities prejudicial to the security of the State. The Committee notes the information provided by the Government concerning the procedures, including appeal procedures, applying to persons suspected of, or engaged in, activities prejudicial to the State. The Committee notes that if the appeal court quashes the sentence of the lower court of law, the party so charged will regain his or her job and other financial benefits. The Committee asks the Government to keep it informed in future reports on the implementation of Article 4, including any complaints of this nature and their outcome.

9. Article 5. Special measures of protection or assistance. With reference to its previous comments concerning provisions in the Labour Act prohibiting the transportation of women in certain vehicles (section 18(1)), the Committee notes the Government’s explanation that lorries are mainly used in the sugar industry and that employers in this industry readily comply with the legal requirements pertaining to the specifications of transport means put at the disposal of female workers. The Committee recalls that special protective measures should be regularly reviewed in order to avoid limitations to women’s equal access to employment and occupation contrary to the principle of equality of opportunity and treatment, as set out in the Convention. The Committee therefore asks the Government to review regularly, in cooperation with the social partners, the measures pertaining to the transport of women in the light of improvements in working conditions, technological changes and taking into account the principle of gender equality, and report on the measures taken in this regard. Please also provide specific statistics, disaggregated by sex, on the number of men and women working in the sugar industries as well as in other industries where the law requires transport to be made available to women workers.

10. Enforcement. The Committee notes the information provided by the Government on the complaints handled by the Human Rights Commission (HRC). It notes that the HRC only intervenes in cases where the perpetrator is a public officer or a public body and where the discrimination pertains to a violation of human rights. The Commission has no jurisdiction to investigate discrimination in the private sector. The Committee further notes the very general information on how the labour inspection services handle grievances of workers. The Committee notes from the study on discriminatory practices that more effective monitoring is needed with regard to discriminatory practices in recruitment based on sex and ethnic origin. The study also recommends that the mandate of the HRC to investigate complaints be extended to the private sector. The Committee asks the Government to provide information on the measures taken to effectively monitor compliance with the national legislation on equality and cases of discrimination in the private sector, especially in recruitment. Please also continue to provide information on the number, nature and outcome of cases of discrimination dealt with by the HRC and by the courts of law.

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

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.