Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 1 of the Convention. In its previous comments, the Committee pointed out that section 3 of the National Pensions (Non-Citizens and Absent Persons) Order, 1978, as amended, according to which foreign nationals may not be affiliated to the insurance scheme unless they have resided in Mauritius for a continuous period of not less than two years, is not in conformity with Article 1, paragraph 2, of the Convention, which provides that equality of treatment in respect of compensation for industrial accidents shall be guaranteed without any condition as to residence to the nationals of every State which has ratified the Convention and who are victims of an industrial accident, as well as to their dependants. In its reply, the Government recalls that while foreign nationals having resided in Mauritius for less than two years are not covered by the National Pensions Act, they are entitled under the Workmen's Compensation Act to compensation for accident arising out of and in the course of employment. It adds that a technical committee has been set up to completely review the Workmen's Compensation Act and opportunity will be taken to consider the observations made by the Committee. The Committee notes this statement with interest. It once again expresses the hope that the Government will not fail to take this opportunity to amend section 3 of the National Pensions (Non-Citizens and Absent Persons) Order, 1978, so as to bring national legislation into full conformity with the Convention on this point and that it will be able to indicate progress made in its next report.