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

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

Other comments on C111

Observation

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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.