Reply (The Minister of Labour and Industrial Relations): The Southern African Development Community (SADC) Protocol on Employment and Labour was developed to accelerate sustainable socio-economic development and contribute to poverty eradication in the region. The Protocol specifically sought to advance the attainment of social justice and decent work by promoting the harmonisation and setting of minimum labour standards in the SADC region, based on International Labour Standards. I am informed that in July 2014, the Ministry of Foreign Affairs, Regional Integration and International Trade requested the views of my Ministry and our stand on the ratification of the Protocol. My Ministry expressed reservations on three Articles of the Protocol, namely – (a) Article 5, as at that time, out of the four ILO Governance Conventions, Mauritius had ratified only two, and (b) Articles 11 and 16, as Mauritius had not ratified ILO Conventions “C102 – Social Security (Minimum Standards) Convention, 1952 (No. 102)” and “C183 – Maternity Protection Convention, 2000 (No. 183),” respectively. My Ministry also informed the Ministry of Foreign Affairs, Regional Integration and International Trade that additional consultations were required with other stakeholders regarding six Articles of the Protocol. At the 34th Ordinary Meeting of the Summit of the Heads of State and Governments of the Southern African Development Community (SADC), which was held in Zimbabwe in August 2014, in which Mauritius participated, the Summit signed several instruments, including the Protocol on Employment and Labour. However, due to some reservations, Mauritius deferred the signature of the Protocol on Employment and Labour, pending further consultations thereon.

139 It is to be noted that, on 13 June 2019, Mauritius subsequently ratified ILO Convention “C183 – Maternity Protection Convention, 2000 (No. 183)”. In March 2020, during the SADC Committee of Ministers of Employment, Labour and Social Partners discussions were held on the low status of ratification of the Protocol on Employment and Labour adopted in 2014. The Committee of Ministers of Employment and Labour and Social Partners identified some challenges in the Protocol adopted in 2014, including – (a) the substantive provisions of the current Protocol include extensive cross- referencing with other international treaties, many of which have not been ratified by the SADC Member States, and (b) the Protocol needed to be strengthened for it to better respond to emerging labour market challenges posed by rapid technological and demographic transformations, among other factors. However, since Article 29(3) of the existing Protocol expressly provides that it can only be amended when it has entered into force, it was not possible to amend the Protocol. In light of the above, the Committee of Ministers of Employment and Labour and Social Partners approved the development of a new protocol. I am informed that the new SADC Protocol on Employment and Labour was approved and signed by a number of Member States at the 43rd Ordinary Summit of SADC Heads of State and Government held in August 2023. The new Protocol provides, amongst others, a strategic regional co-operation framework on employment and labour-related matters to facilitate the achievement of decent work for all. In the new Protocol, there are no binding obligations on SADC Member States to ratify any ILO Conventions, including the ILO Core and Governance Conventions. Therefore, Mauritius' reservations to the SADC Protocol on Employment and Labour, adopted in 2014, were not applicable for the new Protocol. Nevertheless, the new Protocol has not yet been signed by Mauritius in view of a particular reservation about Article 12(4) of the Protocol. Article 12(4) of the Protocol states that – “State Parties shall co-operate on social security, including through multilateral and bilateral arrangements, and facilitate the acquisition and maintenance, including preservation or portability of accrued social security entitlements.” This provision explicitly applies to migrant workers, granting them the right to claim accrued social security benefits from the country or countries where they have been employed. The

140 Ministry of Social Integration, Social Security, and National Solidarity (MSISSNS) informed that this proposal in the new Protocol should be discussed in detail, as it may increase financial liability across all pension systems. I am informed that the signature of Protocols with reservations is not allowed. Moreover, at this stage, it would not be possible to make any amendments to the new Protocol, as doing so would entail reopening negotiations even before the Protocol comes into force. Presently, the new Protocol is not in force. However, once the new Protocol has entered into force, any Member State party to it may propose an amendment. DRUGS & ALCOHOL DRIVING – LEGISLATIVE STRENGTHENING