Observación (CEACR) - Adopción: 1997, Publicación: 86ª reunión CIT (1998)

1. Article 1(c) and (d) of the Convention. In its previous comments the Committee noted that under section 183(1)(a), (b), (c) and (e), read together with section 184(1) of the Merchant Shipping Act, No. 28 of 1986 (which entered into force on 15 January 1991 by virtue of Proclamation No. 1 of 1991), certain breaches of discipline by seamen (such as desertion, neglect or refusal to join the ship, absence without leave, neglect of duty) are punishable by imprisonment (involving an obligation to perform labour), and that under section 183(1), (3) and (4), seamen who are not citizens of Mauritius, and who commit such offences, may be conveyed on board ship for the purpose of proceeding to sea.

Referring to paragraphs 110 to 125 of its 1979 General Survey on the abolition of forced labour, the Committee recalled that in order to be compatible with the Convention the provisions mentioned above should restrict the imposition of sanctions to breaches of labour discipline endangering the safety of the ship or the life or health of persons on board.

In its latest report, the Government indicates that the Merchant Shipping Act has not yet been amended but that it is planned to bring it into conformity with the Convention as soon as possible.

The Committee hopes that the Government will shortly be able to indicate that sections 183 and 184 of the Merchant Shipping Act have been amended, thereby ensuring compliance with the Convention on this matter.

2. Article 1(d). In comments it has been making for many years, the Committee has observed that under sections 82 and 83 of the Industrial Relations Act, 1973, submission of any industrial dispute to compulsory arbitration is left to the discretion of the minister. The decision handed down after such a procedure is enforceable for the parties (section 85) and any strike becomes unlawful (section 92). Finally, participation in such a prohibited strike may be punished by imprisonment (section 102) involving compulsory labour (section 35(1)(a) of the Reform Institutions Act). The Committee observed that these provisions are incompatible with Article 1(d) of the Convention. It pointed out that for the provisions regarding compulsory arbitration, subject to sanctions involving compulsory labour, to be compatible with the Convention, their scope should be limited to essential services in the strict meaning of the term (namely those the interruption of which would endanger the life, personal safety or health of the whole or part of the population).

For many years, the Committee has noted the Government's statement to the effect that no sanctions have been applied by virtue of the above-mentioned provisions and referring to Bills intended to modify them. In its latest report, the Government reiterates this information.

The Committee requests the Government to take the measures necessary to bring the legislation into conformity with the Convention on this matter and to provide information on the progress made in this direction.