Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (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.