Democracy and Political Governance Chapter 3 Chapter 3 Rights of employees 164. 165. 166. The Ministry of Labour, Industrial Relations and Employment (MLIRE) has established various institutions to ensure that employers and employees operate within the regulatory framework. The Industrial Relations Act (IRA) of 1974 established the National Remuneration Board (NRB) to set minimum wages and other working conditions. The IRA introduced fundamental changes by institutionalising the industrial relations system and recognising trade unions. The Pay Research Bureau (PRB) is responsible for reviewing pay levels and conditions of service in the public sector every five years. It also conducts research into remuneration and conditions of employment to keep abreast of developments and trends in Mauritius and abroad. Prepared in 2007 to replace the IRA, the Employment Relations Bill14 aims to consolidate and improve the fundamental rights of workers, collective bargaining and the processes for resolving labour disputes. The bill provides a framework for registration, cancellation and membership of trade unions. Its main changes are the framework and basis for strike action, minimum requirements for registering with trade unions, and the number of employees required to form a trade union. The Employment Rights Act amends and strengthens the Labour Act of 1975 on matters related to computing severance allowances and overtime and the number of permissible sick and local leave days. Ombudsperson for Children, the Truth and Justice Commission and the Human Rights Centre. Legal framework for protecting human rights 169. The CRM noted the recent progress in the legislative framework for human rights in Mauritius. However, despite the fact that Mauritius is party to the International Covenant on Economic, Social and Cultural Rights, the country has not domesticated its provisions. Discussions with stakeholders revealed that the main reason for not doing so is that the state fears making them justiciable by including them in the constitution. While recognising the efforts made by Mauritius to assure economic, social and cultural rights through its welfare state system, the CRM recommends that the country guarantees these rights in law. 170. New legislative measures, like the HIV/AIDS Act of 2006, the Imprisonment for Civil Debt (Abolition) Act of 2006, and the Borrower Protection Act of 2007 all encourage the promotion of human rights in Mauritius. Promoting and protecting human rights 171. The NHRC 2008 report recommends that Mauritius reviews and consolidates the constitution to introduce, among others, a safeguard for economic and social rights. The NHRC report states: “…cultural rights are adequately protected through the guarantee of freedom of expression, freedom to establish schools of religious denomination, freedom of religion as well as protection from discrimination. What are missing are the rights to health services, education, social welfare benefits and housing… .” 172. The Equal Opportunities Act of 2008 consolidated economic and social rights in that every citizen will enjoy equal treatment without considering his or her status. 173. The CRM noted that the NHRC recognises corruption as a violation of human rights, because it diverts resources away from economic and social rights. 174. The Office of the Ombudsperson is a constitutional body. The constitution was amended in 2003 to extend the functions of the ombudsperson to cover central and local administrations (including Rodrigues). The extended powers of the ombudsperson became Access to the judiciary 167. 100 The Mauritian judicial system comprises the Supreme Court, the Intermediate Court, the Industrial Court, the Bail and Remand Court, the Court of Rodrigues and 12 district courts (including three in Port Louis). People who earn less than Rs5,000 a month and who are not worth Rs7,500 benefit from a legal aid system. They must apply to the relevant court stating the cause of action or ground of defence or appeal, or the nature of the extrajudicial matter. ii. Findings of the CRM 168. Mauritius acceded to the International Covenant on Economic, Social and Cultural Rights in 1973. The CRM commends Mauritius for establishing institutions responsible for guaranteeing the rights of citizens. These include the NHRC (which has a Sexual Discrimination Control Division), the Office of the Ombudsperson, the Office of the 14 - The Employment Relations Bill was enacted in 2008 and came into effect on 2 February 2009. Democracy and Political Governance 101