Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 1 of the Convention. Equal treatment. For many years, the Committee has been drawing the Government’s attention to section 3 of the National Pensions (Non-Citizens and Absent Persons) Order, 1978, as amended by the National Pensions Act (NPA), under 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. Foreign workers who do not meet this residence condition are covered by the Workmen’s Compensation Act of 1931 (WCA), which does not ensure a level of protection equivalent to that guaranteed under the national pension scheme in the event of employment injury. The Committee has been reminding the Government that under the terms of Article 1(2) of the Convention, the nationals of other member States that have ratified the Convention as well as their dependants should be guaranteed equality of treatment in respect of industrial accidents without any condition as to residence.

In its reports since 2006, the Government states that a bill has been introduced to revise section 3 of the Order of 1978. The delay in finalizing the necessary amendments is due to the fact that the Ministry of Social Security, National Solidarity and Reform Institutions has embarked on a wider examination of the NPA with a view to amend it holistically, taking into account other issues requiring review, such as the need to merge the WCA into the NPA. The Government states that the draft bill will be introduced to the National Assembly as soon as it has been accepted by the State Law Office. The Committee hopes that the Government will be able to amend section 3 of the Order of 1978 in the very near future, so as to bring its legislation into conformity with the Convention. The Committee would appreciate receiving a copy of the draft Bill when the State Law Office review has been completed. The Committee thanks the Government for providing very detailed statistics on the number of work permits issued to foreign nationals and the number and nature of occupational accidents of foreign workers.