MAURITIUS: UPDATE ON WORST FORMS OF CHILD LABOR

UNCLAS PORT LOUIS 000759

SIPDIS

SIPDIS

DOL/ILAB FOR TINA MACCARTER

DRL/IL FOR TU DANG

E.O. 12958: N/A
TAGS: ELAB EIND ETRD PHUM SOCI MP

SUBJECT: MAURITIUS: UPDATE ON WORST FORMS OF CHILD LABOR

REF: STATE 184972


1. Post has compiled the following information on child labor in
Mauritius in response to questions posed in reftel.

//CHILD LABOR LAWS AND REGULATIONS//


2. On November 21, 2006, the Government of Mauritius (GOM) amended
the Labor Act to raise the minimum employment age from 15 to 16
years in line with the ILO Minimum Age Convention 1973 (Convention
No. 138). There are no exceptions to the minimum age law.


3. The Occupational Safety and Health Act 2005, which has not yet
been enacted, prohibits an employer from employing a young person
(above 16 but who not yet 18) in any activity involving: (a) work
with explosives; (b) exposure to ionizing radiation; (c) work with
heavy metals, including lead and mercury; (d) work in factory and
construction sector; (e) work with, or exposure to, any form of
asbestos; (f) exposure to benzene or other harmful organic solvent;
(g) exposure to aromatic amines; (h) exposure to prescribed noise or
vibration; (i) work in compressed air or in confined spaces; and (j)
any work which is harmful to health and safety of that person. In
addition, the Labor Act stipulates that "no person shall employ or
continue to employ a young person on work which is harmful to
health, dangerous, or otherwise unsuitable for a young person."


//ENFORCEMENT AND INVESTIGATIONS//


4. The Ministry of Labor, Industrial Relations and Employment is
responsible for the implementation and enforcement of child labor
laws. Under the Ombudsperson for Children Act 2003, the
Ombudsperson for Children is also empowered to initiate an
investigation whenever the Ombudsperson considers that there is, has
been, or is likely to be a violation of the rights of a child,
including cases relating to child labor. In addition, for the
purposes of an investigation under this Act, the Ombudsperson for
Children may enter the premises where it is suspected that a child
is in employment.


5. The penalties for employing a child under the Labor Act are a
fine of no more than approximately USD 65 (2,000 rupees) and a term
of imprisonment not to exceed one year. Under the law, certain acts
compromising the health, security, or morality of a child are
crimes, although the GOM was unable to enforce complete compliance
with the law. Private voluntary organizations claimed that child
abuse was more widespread than was acknowledged publicly. The
state-funded National Children's Council and the Ministry of Women's
Rights, Family Welfare, and Child Development administered most
government programs. Both provided counseling, investigated reports
of child abuse, and took remedial action to protect affected
children. According to the Ombudsperson for Children, the fact that
there are virtually no cases of child labor in Mauritius is evidence
of greater awareness on the part of the public of the legal
implications of such practices.


6. The Ministry of Labor employs 37 inspectors to investigate all
reports of labor abuses, including those of child labor.


7. There is no specific budget allocation with regard to child
labor. Officers of the Ministry of Labor monitor child labor during
normal routine labor inspections; the program is included in the
Ministry of Labor's budget. The Ministry of Labor conducted 2,178
child labor inspections during the period between October 21, 2005
to October 20, 2006. In one case, where child employment was
detected, the employer was warned. In another case, criminal action
is being initiated against the employer.


8. The GOM provides regular training to officers concerned with
labor inspection issues, including child labor.

//SOCIAL PROGRAMS AND SCHOOLING//


9. In 2005, the GOM made education compulsory until the age of 16
years. Also, through the Education Priority Zone (ZEP) project, the
Ministry of Education is making efforts to improve the school
environment in less-developed areas. The ZEP programs are based on
the premise that positive reinforcement is required to create
favorable learning conditions for children living in less-developed
regions. In addition, the GOM provides preparatory courses for
primary school drop-outs at prevocational training centers.


10. The GOM placed strong emphasis on the health and welfare of
children and displayed a commitment to expand educational
opportunities for children. The Office of the Ombudsperson for
Children ensured that the rights, needs, and interests of children
were given full consideration by government, private authorities,
individuals, and associations.


11. The GOM is aware of the need to facilitate and promote
children's access to schooling at all levels. In this context, the
Ministry of Education and Human Resources is in the process of
designing a curriculum which aims to "put children first."
Curriculum reforms are at the heart of the GOM's educational
program. The Ministry of Education initiated a "National Debate on
Curriculum Reforms" in November 2005. The recommendations made have
been published in a document entitled "Empowering the Nation's
Children - Towards a Quality Curriculum". The GOM program provides
for a comprehensive review of the curriculum at pre-primary,
primary, and secondary levels, in light of worldwide developments
and in keeping with the needs of the country. One of the goals of
the reform program is to promote equity and social justice by
providing opportunities for every child based on his/her needs,
interests, and potential.


12. The Industrial and Vocational Training Board, which operates
under the Ministry of Education and Human Resources, provides a wide
range of vocational training programs to older children through a
number of regional training centers/institutions. Courses currently
being offered include agriculture, construction, hotel and tourism,
engineering, electronics, textile, printing, jewelry, furniture
making, design, and information technology.


13. In 2005, the Education Act increased the age of free, universal,
and compulsory education from age 12 to age 16. Authorities treated
girls and boys equally at the primary, secondary, and post-secondary
levels. The majority of children finished secondary education.
More than 90 percent of primary students attended school.


14. With the exception of private schools, education is free,
including books for primary school children, and transportation.
Supplies and uniforms are not free.

//NATIONAL PROGRAM OF ACTION//


15. The GOM is committed to enforcing legislation related to child
labor. Mauritius considers that one of the achievements in recent
years in the field of the promotion and protection of children's
rights in general was the establishment of the Office of the
Ombudsperson for Children. The Ombudsperson has the duty of
investigating violations of the rights of children and advising the
GOM on a number of child-related issues. The Ombudsperson also has
the power to carry out its own investigations and/or make
recommendations in cases dealing with children.


16. In line with the ILO Minimum Age Convention (No. 138),the Labor
Act was amended to raise the minimum employment age from 15 to 16
years.

//CHILD LABOR SITUATION//


17. Compulsory education and the increase in the minimum employment
age are important measures which have been taken by the GOM in the
fight against child labor. According to the Ministry of Labor and
the Ombudsperson for Children, the child labor situation is not a
concern in Mauritius, although children have been known to work in
bakeries, gas stations, and shops. The Ombudsperson believes that
in Rodrigues, a dependency of Mauritius, there may be some cases
where children work as domestic servants for third-party homes, on
farms, or in shops.[h1] (Note: Post was not able to substantiate
this claim and official statistics on the issue are not available.
End note.) In its 2005 Report, which is available at
http://oco.gov.mu, the Ombudsperson for Children cites poverty,
exploitation by unscrupulous adults, vulnerability, and social and
cultural attitudes, as the main reasons as to why children work.
One area where the Ombudsperson for Children has expressed some
concern is the employment of children in advertising. According to
the Ombudsperson, there is a need to ensure that children who are
involved in advertising are not exploited as far as their rights are
concerned. The Ombudsperson has submitted proposals to the Ministry
of Women's Rights, Child Development and Family Welfare and to the
State Law Office in this regard.

CABRERA

[h1]Is there any current data backing this up? Although it was in a
previous HRR, I was unable to verify it.