Examples of good practices on regional mobility cooperation - Mauritius

• Labour migration and mobility 

Bilateral agreements constitute an effective way to regulate migration flows and to foster development, both in the countries of origin and destination.

Bilateral agreements also encourage circular mobility by giving migrants the opportunity to move across countries. To the country of destination, this could be advantageous since migrants can help fill labour gaps and tend to return to their home countries. Countries of origin could benefit as the migrants come back with a new set of acquired skills and through their remittances savings, they can help develop productive projects in their home communities.

Examples of Bilateral Agreements:

• Bilateral Agreement on Circular Migration between France and Mauritius;
• "Facilitate a responsible and effective circular migration of Mauritian workers to Italy". Through this project, a hundred participants from Mauritius and Rodrigues were selected to attend various training programmes in Italy. The project also provided financial assistance to 11 beneficiaries, who had been selected after submission of a call for proposals exercise in December 2015, to set up a new business project or expand their existing business enterprises.

• Policy coherence and mainstreaming 

The establishment of the Mauritian National Migration and Development Working Group (Steering Committee) is an essential step towards increased coherence at institutional and policy levels.  

• Remittances 

The Bank of Mauritius is collecting remittance statistics from banks and foreign exchange dealers to meet the requirements of two different initiatives at the national level, namely, the National Migration and Development Policy and the United Nation’s Sustainable Development Goals (SDGs).  Mauritius aligns with SDG Target 10.c as it is to be observed that since quarter one of 2017, the remittance overall costs have remained lower than 3 per cent. 

• Rights of migrant 

The Special Migrant Unit (SMU), redefined as Flying Squad Unit, which specifically looks into the terms and conditions of migrant workers, ensures that Migrant Workers are paid all their dues and requires employers to cater for return ticket.  Alternatively, the Employment Division which issues work permit to these migrant workers can make arrangements with other employers for their redeployment. 

• Strategies for addressing irregular migration and enabling regular migration 

The Government’s Programme 2015 – 2019 enunciates the formulation of a new immigration policy and reinforcing the Immigration Act to cater for the increasing cross-border movement of persons and its associated risks, as well as introducing strong regulations to address the issue of fake marriages involving locals and foreigners. In this regard, amendments to the relevant legislations are being envisaged.

• Addressing irregular migration 

The Republic of Mauritius has a host of measures in place to ensure the orderly and dignified treatment of migrants. The Passport and Immigration Office (PIO) monitors visa overstays and enforces the country’s immigration laws (Immigration Act and the Non-citizens (Employment Restriction) Act). The Immigration Act provides for any person who violates the conditions outlined by the law may be convicted and liable to a fine or sentenced to imprisonment for up to six months (Section 23 of the Immigration Act (Act. No. 13)).  The Government of the Republic of Mauritius adapts a transparent policy whereby relevant information on immigrations requirements are available on website of different organisations. 

• Brain drain and brain gain 

As Brain Drain is an issue of concern Mauritius is adopting a strategy for the return of the Diaspora, to tackle the issue.  The quality and outcomes of education policies influence emigration.  The loss of human capital through the emigration of the highly skilled (“brain drain”) has negative development consequences for the country, its productivity and its innovation capacities. The skills mismatch between tertiary level education and the world of work has been acknowledged as one of the root causes of unemployment in Mauritius and the Government is implementing reforms and programmes to bridge the gap between the characteristics of the workforce and the requirements of emerging sectors of the economy.

 

Formulation of the National Employment Policy (NEP) is expected to be finalized in December 2018.  With a view to reducing youth unemployment, the following programmes have been devised, namely: 

• Youth Employment Programme

• Dual Training Programme

• Graduate Training For Employment Scheme

• National Skill Development Programme

• Labour-market matching

The fact that certain jobs are not seen to be attractive to the local population, the discrepancy between the needs of the labour market and the education system outcomes, the lack of specific skills in certain areas, emigration, and other demographic factors (ageing, low fertility rate) will continue to influence the need for labour mobility.

• Legal frameworks on migration (e.g. convention, bilateral agreements, etc)

The national legal framework related to migration management is composed of a set of national, legislative, regional and international instruments that regulate different aspects of migration. The Republic of Mauritius

has put in place several frameworks that have been regularly revisited to respond to emerging priorities and realities. The Policy’s principles are based on this framework. 

 

At national level, the following Acts are in place: 

• The Quarantine Act of 1954

• The Citizenship Act of 1968

• The Deportation Act of 1968

• The Passport Act of 1969

• The Immigration Act of 1970

• The Extradition Act of 1970

• The Customs Act of 1988

• The Customs Regulations of 1989

• The Non-citizens Work permit regulation of 1994

• The Combating Trafficking in Persons Act of 2009

• The Piracy and Maritime Violence Act of 2011

• The Economic Development Board Act of 2017

 

Relevant Conventions of the ILO: 

Mauritius has ratified the following conventions.

• Forced Labour Convention, 1930 (No. 29)

• Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)

• Migration for Employment Convention (Revised), 1949 (No. 97) (has excluded the provisions of Annexes I to III)

• Right to Organise and Collective Bargaining Convention, 1949 (No. 98)

• Equal Remuneration Convention, 1951 (No. 100)

• Abolition of Forced Labour Convention, 1957 (No. 105)

• Discrimination (Employment and Occupation) Convention, 1958 (No. 111)

• Minimum Age Convention, 1973 (No. 138) Minimum age specified: 15 years

• Worst Forms of Child Labour Convention, 1999 (No. 182)

 

Regional level

• The African Charter for Human and Peoples’ Rights, 1981 (Adopted 16 April 1999);

• The COMESA Protocol on the Gradual Relaxation and Eventual Elimination of Visa Requirements (Mauritius waived visas to all COMESA citizens), 1984

• The COMESA Protocol on Free Movement of Persons, Labour, Services, the Right to Establishment and Residence (not yet ratified by Mauritius), 1998

• The SADC Protocol on Facilitation of the Movement of Persons (neither signed nor ratified by Mauritius), 2005

• The Accelerated Programme for Economic Integration (APEI), 2016.  Mauritius has, on the 16 September 2016 signed the Memorandum of understanding (MoU) for Facilitating Mobility of Businesspersons and professionals in APEI countries.

• Migration and education 

The Republic of Mauritius allows non-citizens access to primary and secondary education institutions to children of Expats holding valid permits to work and stay in Mauritius. The Tertiary Education Commission issues guidelines on applying for student visas and residence permits for students willing to be admitted in Tertiary Education Institutions. Besides the obligation to fulfil student visa requirements, international students have unrestricted access to courses and training programmes and benefit from equal educational opportunities. 

• Migration and health

Mauritius as a Small Island Developing State, middle-income country, aligns with the objectives of the 2030 Agenda for Sustainable Development Goal (SDGs) Target 3.c on health personnel calls for a better retention of work force in developing countries, as well as the Target 10.7 to facilitate migration and mobility in an orderly, safe, regular and responsible manner through the implementation of planned and well-managed migration policies.  

 

SDG Target 3 aims to ensure health and well-being for all, including a bold commitment to achieve universal health coverage, provide access to safe and effective medicines and vaccines for all, and end the epidemics of AIDS and other communicable diseases by 2030. Mauritius has already achieved a substantial part of the 2030 Agenda on SDGs including Target 3, through the achievements made in the Millennium Development Goals (MDGs) 2015 in the health sector, such as curbing infant and maternal mortality, stabilized HIV/AIDS, providing access to affordable essential drugs and also enhancing health services up to the tertiary level.  Mauritius extends its medical coverage to all, including migrants mainly due to free health services to all in all public hospitals and care centres.   Non-citizens in the Republic of Mauritius may access most health-care services for free, including treatment for chronic conditions such as diabetes. 

• Migration management 

Mauritian Government entities such as the Prime Minister’s Officer (PMO), which is the national focal point for issues pertaining to migration, as well as stakeholders from the public and private sectors, are involved in different aspects of migration management, including the design and operational implementation of migration policies. The Passport and Immigration Office (PIO) enforces migration policy and manages border control at ports of arrival, enforces immigration regulations, processes applications and issues work, occupation and residence permits to applicants who wish to work, invest, or live in the Republic of Mauritius. 

 

Coordination between government entities is facilitated by the National Steering Committee on Migration and Development, chaired by the Prime Minister’s Office. Established in 2015, the Committee chaired by the Permanent Secretary of the Prime Minister’s Office and is composed of relevant ministries dealing with migration issues. The Committee has established a solid partnership framework among the most relevant governmental entities having specific attributions in the field of migration. It meets on a regular basis to ensure coordination among its members on migration matters and to act as forum to exchange updates on current developments related to migration in the country. This cooperative inter-agency structure includes all relevant stakeholders to promote a consolidated and comprehensive approach to migration management.

 

The National Migration and Development Policy purports at setting out the strategic vision of Government in dealing with challenges and opportunities related to migration in a holistic and proactive manner. 

The overall goal is to maximize the positive outcomes and impact of migration for the socio-economic development of the Republic of Mauritius. The formulation of the Policy framework has been driven by the current and future imperatives generated by globalization, rapid transformation of economies and societies, external and internal factors, challenges and opportunities as well as international commitments taken to promote universal respect and observance of human rights and freedom for all.

 

• Migration profiles 

A migration profile for the Republic of Mauritius was developed in 2013.  The Government of the Republic of Mauritius has recently endorsed the National Migration and Development Policy.  

• Migration, Climate Change and the Environment 

In May 2018, Mauritius in collaboration with the International Organization for Migration (IOM) Mauritius launched the Migration, Environment and Climate Change: Evidence for Policy (MECLEP) output documents and also implementing the recommendations illustrated in the said document.

• Protection and Empowerment and rights of migrants 

The Employment Rights Act 2008, (ERiA), proclaimed on 02 February 2009, provides protection regarding labour rights, indistinctively to all workers (both male and female) including migrant workers.  

• Recruitment 

The grant of Recruitment Licence is governed by the Recruitment of Workers Act 1993.  The Act provides, among others, that no person shall, on behalf of an employer recruit a worker unless he holds a licence; and that any person who wishes to obtain a licence shall make a written application to the Licensing Authority, who according to the Act, is the Permanent Secretary of the Ministry.  The Act empowers the Licensing Authority to issue Recruitment Licence to enable private recruitment agents/agencies to recruit and place workers in employment.  A Recruitment Licence authorizes the licensee to recruit the following categories of workers:-

(i) Mauritians for employment in Mauritius; and/or

(ii) Mauritians for employment abroad; and/or

(iii) Non-citizens for employment in Mauritius.

• Regional Consultative Processes and International Regional Fora

Mauritius a Member State of the Southern Africa Development Community (SADC) and forms part of the Migration Dialogue for Southern Africa (MIDSA).  The MIDSA process is an informal platform for consultative regional dialogue and cooperation. At MIDSA, SADC Member States discuss openly and exchange views on common challenges and solutions to migration related issues for the Southern Africa region.  Mauritius also forms part of the regional consultative process of COMESA MIDCOM.  The main objective of the COMESA MIDCOM is to provide a platform for informal and non-binding dialogue on issues and opportunities related to migration management thereby improving the capacity of the governments to better manage migration, network building through regular meetings, including substantial progress towards harmonized data collection systems and harmonized immigration policy and legislation.

• Return and Reintegration 

Returning migrants to Mauritius form two groups:

1. Beneficiaries of IOM’s Assisted Voluntary Return and Reintegration (AVRR) programmes, and;

2. Beneficiaries of IOM’s circular migration projects

• Social Cohesion and Integration 

The Special Migrant Unit (SMU), redefined as Flying Squad Unit, which specifically looks into terms and conditions of migrant workers, ensures that Migrant Workers are paid all their dues and requires employers to cater for return ticket. 

 

In order that migrant workers are not exploited, regular inspection visits are carried out by officers of the Special Migrant Workers’ Unit at workplaces where migrant workers are employed. Furthermore, migrant workers are informed of their rights and obligations arising out of their vetted contract of employment by the officers of the Unit. After working hours and on rest days, the migrant workers are free to move in the country for shopping or leisure, social and religious activities.

• Human Rights of all migrants

The National Human Rights Commission (NHRC)

 

The National Human Rights Commission (NHRC) was established under the Protection of the Human Rights Act 1998 to, inter alia, enquire into human rights complaints, complaints against the Police, visits to any Police station, prison or place of detention, to study the living conditions of inmates and the way they are being treated and to ensure that the legislative framework promotes and protects human rights.  

 

Protection of Human Rights (Amendment) Act 2012

 

The Protection of Human Rights Act 2012 was passed in the National Assembly to amend the Protection of Human Rights Act, to provide for the National Human Rights Commission to operate through three Divisions, namely the Human Rights Division, the Police Complaints Division and the National Preventive Mechanism Division.  

 

The National Preventive Mechanism Act (NPMA) 2012 – July  2013

 

The Act was passed to enable Mauritius to comply with its International obligations under the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). 

 

The Independent Police Complaints Commission Act (IPCC) 2016

 

The Independent Police Complaints Commission Act (IPCC) 2016 is to provide for the establishment of an Independent Police Complaints Commission to investigate into complaints made against police officers in the discharge of their functions, other than complaints of acts of corruption or money laundering offences.

 

The Equal Opportunities Act (EOA) 2008

 

The Equal Opportunities Act is to promote equal opportunity between persons, prohibit discrimination on the ground of status and by victimisation, establish an Equal Opportunities Division and an Equal Opportunities Tribunal and for related matters.

 

Equal Opportunities Commission (EOC) 2012

 

The main functions of the EOC include inter-alia to:

 

(i) work towards the elimination of discrimination, and the promotion of equality of opportunity and good relations between persons of different status;

(ii) carry out an investigation of its own motion or following a complaint;

(iii) attempt to reconcile the parties to whom and against whom a complaint relates;

(iv) conduct and foster research and educational and other programmes for the purpose of eliminating discrimination and promoting equality of opportunity and good relations between persons of different status; and

(v) prepare appropriate guidelines and codes for the avoidance of discrimination and take all necessary measures to ensure that the guidelines and codes are brought to the attention of employers and the public at large.

• Irregular migration and regular pathways

Migration based on scarcity areas and shortage of skills

 

Mauritius is a country of immigration, its economic development and growth, in particular specific sectors, and labour market have benefited from the presence of different categories of foreigners. In the recent years, procedures to remove specific barriers and hence a more flexible employment from abroad have been adopted.  Between 1990 and now, owing to the economic growth and stability, the number of foreign workers multiplied by 25 times.  There are approximately 40,000 foreign workers in the country, recruited for job in various sectors.  These foreign workers come mainly from Bangladesh, China, Madagascar, India, Nepal etc. 

 

In case of scarcity area, companies in Mauritius willing to consider bulk applications for foreign workers should first submit a request for ‘Permission in Principle’ (PIP) from the Ministry of Labour, Industrial Relations, Employment and Training.  The PIP authorizes a company to recruit in principle a specific number of foreign workers per job category from particular countries whereby flexibility is applied in case of scarcity areas.  The recommended ratio of local workers to foreign workers is three locals to one expatriate in scarcity sectors, with the exception of bakery operators where the ratio is 1 local to 1 expatriate. 

 

Employment for Mauritians overseas

 

Regarding outwards migration, it is difficult to capture statistics on outwards migration as many Mauritians migrate on their own.   Employment opportunities had been identified abroad (Belgium, the Netherlands, Luxembourg, Egypt, China, Germany, India, South Africa, Switzerland, Seychelles, Qatar, Gabon, Mozambique, Italy, Maldives, etc.), with the support of the diplomatic missions, yet more efforts (marketing, negotiation, etc.) are needed to tap into the opportunities available on various labour markets.  The implementation of the Mauritius Africa Strategy requires analysis on possible deployment of nationals in other countries on the continent for employment purposes (e.g. Special Economic Zone in Senegal, Technology Park in Accra, etc.), thus possibly providing concrete labour opportunities to Mauritians willing to work abroad, including highly qualified professionals who are unable to secure a job at home.

 

Attracting high net worth professionals, investors and retirees in the country

 

The Occupation Permit is a combined work and residence permit which allows foreign nationals to reside and work in Mauritius. Foreigners, above the age of 50 years are also issued a Residence Permit if they elect to retire in Mauritius under this scheme. A non-citizen can apply for these permits under any of the following 4 categories: investor, professional, self-employed, retired non-citizen. Permanent residence permits allow non-citizen (investors, professionals, self-employed, retirees) who fulfills specific criteria to work and live in Mauritius for a period of ten years.  The Non-Citizens (Property Restriction) Act provides non-citizens with the right to acquire property both for business and residential purposes. The Smart City Scheme is an ambitious economic development programme to consolidate Mauritius into a full-fledged international business and financial hub with ideal conditions for working, living and to spur investment through the development of Smart Cities across the island.  The Property Development Scheme allows the development of a mix of residences and the programme is designed to facilitate the acquisition of residential property by non-citizens in Mauritius.

• Subgoal 10.7 on safe, orderly and regular migration

Developing bilateral agreements between destination and origin countries

Bilateral agreements constitute an efficient way to regulate migration flows and to foster development, both in the countries of origin and destination.

Bilateral agreements also encourage circular mobility by giving migrants the opportunity to move across countries. To the country of destination, this could be advantageous since immigrants can help fill labour gaps and tend to return to their home countries. Countries of origin could benefit as the migrants come back with a new set of acquired skills and through their savings, they can help develop productive projects in their home communities.

Examples of Bilateral Agreements:

- Bilateral Agreement on Circular Migration between France and Mauritius;

- Bilateral Agreement on Circular Migration between Italy and Mauritius;

- Membership of International Organization for Migration;

- Bilateral Agreement on Circular Migration between Canada and Mauritius - Placement in Canada;

• Subgoal 10.c on the reduction of remittances costs 

The Bank of Mauritius has been collecting remittance statistics from banks and foreign exchange dealers to meet the requirements of two different initiatives at the national level, notably, the National Migration and Development Policy and the United Nation’s Sustainable Development Goals (SDGs). The definition of remittance is in accordance with the Balance of Payments and International Investment Position Manual Sixth Edition (BPM6) and the International Transactions in Remittances-Guide for Compilers and Users of the International Monetary Fund. In this context, remittance statistics pertain to transactions that go through formal channels and, consequently, exclude remittances that are either in kind or hand-carried.

 

It is to be observed that since quarter one of 2017, the remittance overall costs have remained lower than 3 per cent.

• Subgoal 17.8 on migration-disaggregated data collection 

Statistics Mauritius (SM), as provider of official statistics, is currently working on the development of indicators of the Sustainable Development Goals. The SDG database comprises 17 Goals, 169 Targets and 229 Indicators as put forward by the United Nations.

 

In 2014, a Committee on SDGs has been set up by the Statistics Board to work on the development of indicators. The Committee is chaired by SM and comprises representatives from various Ministries/ Departments and organisations.  A first SDG database for the Republic of Mauritius has already been constructed with existing data as from 2010 to enable trend analysis prior to 2016 (to note the baseline year of the SDGs is 2016). The database has already been published on the Statistics Mauritius website.

• Subgoal 3.c on the retention of health workers 

Mauritius as a Small Island Developing State, middle-income country, aligns with the objectives of the 2030 Agenda for Sustainable Development Goal (SDGs) Target 3.c on health personnel calls for a better retention of work force in developing countries, as well as the Target 10.7 to facilitate migration and mobility in an orderly, safe, regular and responsible manner through the implementation of planned and well-managed migration policies.  

 

SDG Target 3 aims to ensure health and well-being for all, including a bold commitment to achieve universal health coverage, provide access to safe and effective medicines and vaccines for all, and end the epidemics of AIDS and other communicable diseases by 2030. Mauritius has already achieved a substantial part of the 2030 Agenda on SDGs including Target 3, through the achievements made in the Millennium Development Goals (MDGs) 2015 in the health sector, such as curbing infant and maternal mortality, stabilized HIV/AIDS, providing access to affordable essential drugs and also enhancing health services.  

• Subgoal 4.b on international scholarships 

Mauritius is endeavouring to develop into a centre of excellence for higher education and an education hub of international standards.  Mauritius is already host to a number of international students from Africa, the region and further beyond.  Mauritius also runs the Mauritius-to-Africa Scholarship Scheme for deserving students of African Union countries for undergraduate studies.

• ​ Subgoal 8.8 on labour rights for migrant workers 

Mauritius has a hybrid legal system which draws inspiration from the French and English Legal system. The legal frameworks is built in order to protect labour rights and promotes safe and secure working environments of all workers, including migrant workers, particularly women, and those in precarious employment.  The undermentioned Acts are in place to mitigate

 

• Protection of Human Rights (Amendment) Act 2012

• The Equal Opportunities Act (EOA) 2008

• The Employment Rights Act 2008

• The Private Employment Agencies Convention, 1997 (No. 181) aims at permitting the operation of private employment agencies in a well-functioning labour market and at providing protection to workers using such services against risks of abuses.

Mauritius is committed to ensuring that attempts to make the world safer are not to the detriment of human rights and personal freedom. According to the Mauritius Human Rights Report of 2016, the focus of Mauritius in the near future is to address the human rights problems reported.

• Subgoal 5.2, 8.7 and 16.2 on human trafficking 

The Republic of Mauritius has no provisions to grant asylum in accordance with the 1951 UN Convention relating to the Status of Refugees and its 1967 protocol. Moreover, the country's migration laws detailed in the Immigration Act and the Non-citizens (Employment Restriction) Act do not include any measures or procedures that regulate the return (or the protection of assets) of migrants who might leave Mauritius during a crisis.

 

As regards to the issue of Refugees, asylum-seekers and victims of trafficking in persons, despite the absence of a refugee protection system, the Mauritian Government has not returned any persons in need of international protection to countries where their lives or freedom would be threatened on account of their race, religion, nationality, membership of a particular social group, or political opinion. In essence, Mauritius is upholding the principle of non-refoulement. In these circumstances the International Organization for Migration and the Office of the United Nations High Commissioner for Refugees (through UNDP Mauritius) are approached for their resettlement.

 

The Combating of Trafficking in Persons Act 2009

The Combating of Trafficking in Persons Act of 2009 prohibits all forms of trafficking of adults and children, prescribing penalties of up to 15 years’ imprisonment for convicted offenders.  The Combating of Trafficking in Persons Act (2009) was enacted on 21st April 2009 and it was thereafter proclaimed on 30th July 2009 and the act is in addition to, and not in derogation from, the Child Protection Act 1994.  . 

 

UN Protocol to Prevent, Suppress and Punish Trafficking in Persons Mauritius 

The Protocol provided for the Prevention of such trafficking, Prosecution of traffickers in persons and Protection of their victims.  The Mauritian government increased efforts to identify and protect victims of labor trafficking.  The government established an inter-ministerial committee on human trafficking, under the attorney general, and the police re-established a steering committee on human trafficking, with a “trafficking in persons desk” serving as a focal point to coordinate the investigation of all potential trafficking cases. 

GFMD 2018 - Direct contribution



GFMD 2019 - Background Paper RT 1.2 "Facilitating social and economic inclusion"

National Government of Mauritius