181. Article 13 of the Code Civil Mauricien provides as follows - ”L’étranger jouira à Maurice
des mêmes droits civils que ceux qui sont ou seront accordés aux Mauriciens par les traités de la
nation à laquelle cet étranger appartiendra.”. However, section 16 (4)(b) of the Constitution
allows for the passing of laws which may afford a different treatment to persons who are not
citizens of Mauritius.
182. The Immigration Act provides that persons afflicted with an infectious or contagious
disease may not be admitted to Mauritius. The Republic of Mauritius still applies HIV -related
restrictions on the entry, stay and residence of non-nationals. Migrant workers must provide
evidence of their negative HIV status to qualify for work and residence permits.
183. Mauritius is not in a position to ratify the 1990 International Convention on the Protection
of the Rights of all Migrant Workers and Members of their Families. The main reason is that
Mauritius is geographically small and we are among the most densely-populated island state. In
addition, the country has limited resources and we will be unable to provide the core basic services
that would be required. Migrant workers coming to Mauritius are allowed to come with their
families, except for low skilled workers. Mauritius, as far as possible, applies the essence of the
Convention in cases of disputes between migrant workers and their employer.
184. Women migrant workers are protected from domestic violence and from being victims of
trafficking in persons, through The Protection from Domestic Violence Act and the Combating of
Trafficking in Persons Act respectively.
185. Children of Migrant Workers who hold a valid work and residence permit have access to
primary, secondary and tertiary education under the same conditions as Mauritian citizens. Access
to the labour market is unrestricted for permanent residents and their spouses provided that they
hold an occupation or work permit. Migrant Workers in the Republic of Mauritius may access
most health-care services for free, including treatment for chronic conditions.
186. Migrant workers are also eligible to participate in the National Social Insurance scheme,
which entitles them to a disability, retirement or survivor pension. Under the National Pensions
Act, both local and foreign workers are eligible to contribute to the national pensions scheme from
the first day of employment, with the exception of non-citizens employed in export-oriented
companies, who are eligible only after two years of residence in the country.
187. They are also required to contribute to the National Savings Fund, which entitles them to
the payment of a lump sum on retirement or when they leave the country. The Permanent
Residence Permit allows non-citizens to work and live in the Republic of Mauritius for a period
of ten years, at which point it may be renewed. Non-citizens holding an Occupation Permit (OP)2
are eligible to apply for a Permanent Residence Permit if they have held an OP for three years
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