Dear Sir,

The National Trade Union Confederation (“the Confederation”) is the most representative Workers’ Organisation of the Republic of Mauritius. It has a long history in the protection of Workers’ rights. Presently, it is very much concerned with the autocratic way in which the Government of Mauritius is burdening workers with restraints, restricting unvaccinated workers access to their workplace.

By way of the COVID-19 (Restriction of Access to specified institutions, Places and Premises) Regulation 2021, people were denied access to educational institutions, medical institutions, residential care home, reform institutions amongst others, save for certain specific categories who, for specific reasons, could not be denied access.

To add insult to injury, Government recently took advantage of its proudly announced motto “Government is Government and Government decides” to further impose, by way of the Consolidated COVID-19 (Amendment No.5) Regulations 2022, restriction of access to workers who have not been fully vaccinated, that is those who have not taken their last booster dose of the COVID-19 vaccine, to ten other institutions with effect from 04 April 2022.

The disputed consent form.

The procedure requires that prior to getting vaccinated, a person must fill a consent form which, ex facie, is totally unconstitutional as it arbitrarily imposes consent rather than seeking the voluntary consent of the person.

Curiously enough, the consent form also contains a waiver clause waiving all claims against the State of Mauritius, the Global Health Partnership, donor states or organizations, manufacturer of the vaccines and their agents or préposés for any adverse event following immunisation, including injury or death, whether known and unknown, foreseen or unforeseen which arise from / during or as a result of the vaccine. In spite of a wave of wild protest against the consent form Government proceeded with the imposition of the consent and forced vaccination.

This Confederation has reason to believe that Mauritius has slowly but successfully carved its way into an autocratic state. By the way, the last V-Dem Democracy Report 2022 has placed Mauritius among those countries that have declined in democratic progress.

The Consolidated COVID-19 Regulations 2021, under part V, provides for restriction of access to specified institution, place or premises. Pursuant to section 13 (4)(a) of the Regulations, where a worker does not have access to his workplace and is absent from work, such absence may, with his consent, be reckoned against his paid leave entitlement. In case the worker does not give his consent, his absence shall be without pay. Can a responsible Government urge a worker to proceed on leave without pay when the fundamental role of such a Government is to provide its people with decent living standards?

Deprivation of Right to Life and Protection of Family

The Confederation is of the view that the forced imposition of restriction of access to the workplace by a worker, who is also a citizen of this country, is a punishment willfully preconceived to degrade him. To no lesser extent, the fact that Government has by way of regulations, deprived access to a worker to his workplace for not being vaccinated and his absence to be reckoned as leave without pay, the Confederation considers this deprivation as irrational, in breach of the Constitutional right of the worker and his family to the enjoyment of life. They are equally deprived of their Constitutional protection of the law and their freedom of movement.

The Confederation holds that, by restricting access to workers to their workplace and providing free access to other people calling for business is tantamount to a blatant discrimination. It also constitutes an insult to human dignity; a barbarous act of immorality in blatant breach of the fundamental precepts of the Universal Declaration of Human Rights.

The United Nation has, at its General Assembly in Paris on 10 December 1948, proclaimed the Universal Declaration as a common standard of achievements for all people and all nations. It is too obvious to state that, on this token, everyone is entitled to all the rights and freedom set forth in the Declaration. Though it is admitted that the rights are not absolute, being subject to qualifications under exceptional circumstances, this does not permit the Mauritian Government to deprive its people of their Constitutional Rights and Protection.

The UN Human Rights Office is mandated to promote and protect all human rights established in the UN Charter. To this end, this Confederation appeals for the intervention of your office to enjoin the Mauritian Government to repeal/amend the regulations restricting workers from acceding to their workplace and impairing their right to life by reckoning their absences against unpaid leave and therefore depriving them of their salary.