AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
African Commission on Human & Peoples’
Commission Africaine des Droits de
Rights
l’Homme& des Peuples
No. 31 Bijilo Annex Lay-out, Kombo North District, Western Region, P. O. Box 673, Banjul, The Gambia Tel: (220) 441
05 05 /441 05 06, Fax: (220) 441 05 04 E-mail: au-banjul@africa-union.org; Web www.achpr.org
REPORT OF THE JOINT PROMOTION MISSION TO THE
REPUBLIC OF MAURITIUS
BY
COMMISSIONER SOYATA MAIGA
COMMISSIONER HATEM ESSAIEM
&
COMMISSIONER REMY NGOY LUMBU
13 – 17 AUGUST 2019
1
ACKNOWLEDGEMENTS
The African Commission on Human and Peoples’ Rights (the Commission) would like to
express its gratitude to the Government of the Republic of Mauritius for authorising the
Promotion Mission, and for providing the delegation with the necessary facilities and
personnel to ensure its successful undertaking.
The Commission wishes to specifically extend its appreciation to Honourable Maneesh
Gobin, Attorney-General and Minister of Justice, Human Rights and Institutional
Reforms; Asha Burrenchobay, Senior Chief Executive at the Ministry of Foreign Affairs,
Regional Integration and International Trade; and Asish Kumar Jhoerreea, Deputy
Permanent Secretary at the Ministry of Justice, Human Rights and Institutional Reforms,
for their role in organising the various meetings which enabled the delegation to meet a
cross-section of the Mauritian society in order to have a fairly representative view of the
human rights situation in the country.
The Commission further expresses its gratitude to Honourable Pravind Kumar Jugnauth,
the Prime Minister of Mauritius, for taking time to meet the delegation.
The Commission finally wishes to thank all non-governmental organisations,
independent statutory institutions, civil society organisations, and individuals that found
time to meet with the delegation.
2
Acronyms and Abbreviations
ADSU
AIDS
AIS
AHC
ARV
AU
CAT
: Anti-Drug and Smuggling Unit
: Acquired Immune Deficiency Syndrome
: Automatic Identification System
: Area Health Centres
: Antiretroviral
: African Union
: Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment
CCAMLR
: Convention for the Conservation of Antarctic Marine Living Resources
CCTC
: Closed-circuit Television
CEDAW
: Convention on the Elimination of all forms of Discrimination against
Women
CEDAW-OP : Optional Protocol to the Convention on the Elimination of all Forms of
Discrimination against Women
CH
: Community Hospitals
CHC
: Community Health Centres
CRC
: Convention on the Rights of the Child
CRC-OP-AC : Optional Protocol to the Convention on the Rights of the Child on the
Involvement of Children in Armed Conflict
CRC-OP-SC : Optional Protocol to the Convention on the Rights of the Child on the
Sale of Children, Child Prostitution and Child Pornography
CRPD
: Convention on the Rights of Persons with Disabilities
CSOs
: Civil Society Organisations
DPP
: Director of Public Prosecutions
EOC
: Equal Opportunities Commission
GBV
: Gender Based Violence
GDP
: Gross Domestic Product
HIV
: Human Immunodeficiency Virus
ICAC
: Independent Commission against Corruption
ICCPR
: International Covenant on Civil and Political Rights
ICCPR-OP-1 : Optional Protocol to the International Covenant on Civil and Political
Rights
ICERD
: International Convention on the Elimination of all Forms of Racial
Discrimination
ICESCR
: International Covenant on Economic, Social and Cultural Rights
ICJ
: International Court of Justice
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ILO
IOTC
IPCC
KRM
LGBT
MC
MRA
MSM
NCD
NHRC
NGOs
NMRF
NPM
OAU
OPCAT
PEP
PGC
PHC
PLHIV
PMTCT
PWDs
SADC
SDGs
SIOFA
SWIOFC
UK
UN
UNDP
UNODC
US
USD
VMS
: International Labour Organisation
: Indian Ocean Tuna Commission
: Independent Police Complaints Commission
: Kreol Morisien
: Lesbian Gay Bisexual and Transgender
: Medi-Clinics
: Mauritius Revenue Authority
: Men who have sex with men
: Non-communicable Diseases
: National Human Rights Commission
: Non-governmental Organisations
: National Mechanism for Reporting and Follow-up
: National Preventive Mechanism
: Organization of African Unity
: Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
: Post-exposure Prophylaxis
: Parliamentary Gender Caucus
: Primary Health Care
: People Living with HIV
: Prevention of mother- to -child transmission
: Persons with Disabilities
: Southern African Development Community
: Sustainable Development Goals
: Southern Indian Ocean Fisheries Agreement
: South West Indian Ocean Fisheries Commission
: United Kingdom
: United Nations
: United Nations Development Programme
: United Nations Office on Drugs and Crime
: United States
: United States Dollar
: Vessel Monitoring System
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I.
INTRODUCTION
1. Article 30 of the African Charter on Human and Peoples’ Rights (the African Charter
or the Charter), which came into force on 21 October 1986, sets out the establishment
of the African Commission on Human and Peoples’ Rights (the Commission).
2. Under the African Charter, the Commission is specifically mandated to promote the
observance of the rights guaranteed in the Charter, to interpret and advise on its
implementation, as well as ensure protection of the rights and freedoms set out in it.
3. Article 45 (1) of the African Charter directs the Commission to promote human and
peoples’ rights and to specifically carry out studies and research, to conduct visits to
State Parties, to gather information on human and peoples’ rights, as well as to
formulate rules and regulations that could be used by the State Parties in their human
rights policies and legislation.
4. The promotional function of the Commission mandates Members of the Commission
to undertake promotional missions to State Parties to the African Charter.
Promotional missions are an important aspect of the Commission’s activities as they
enable it to establish communication and links with State Parties.
5. The Republic of Mauritius (Mauritius) is a State Party to the African Charter which it
ratified on 19 June 1992, and it is on this basis that a Promotion Mission of the
Commission was undertaken to Mauritius, at the invitation of the latter, from 13 to 17
August 2019.
6. The Promotion Mission was constituted by:
i.
Honourable Commissioner Soyata Maiga, Chairperson of the Commission;
Chairperson of the Committee on the Protection of the Rights of People Living
with HIV (PLHIV) and Those at Risk, Vulnerable to and Affected by HIV; and
Chairperson of the Working Group on Indigenous Populations/Communities
in Africa (Head of the Delegation);
ii.
Honourable Commissioner Hatem Essaiem, Commissioner Rapporteur on the
Human Rights Situation in the Republic of Mauritius and Chairperson of the
Committee for the Prevention of Torture in Africa; and
iii.
Honourable Commissioner Remy Ngoy Lumbu, Special Rapporteur on the
Situation of Human Rights Defenders in Africa.
5
7. The Honourable Commissioners were assisted by Ms Estelle Nkounkou Ngongo, Ms
Albab Tesfaye Ayalew, and Ms Aji Bajen Jammeh, staff of the Secretariat of the
Commission.
8. The Commission previously undertook a Promotion Mission to Mauritius from 21 to
25 August 2006.
II.
TERMS OF REFERENCE
9. The Terms of Reference for the Mission were as follows:
i.
ii.
iii.
iv.
v.
vi.
vii.
Promote the African Charter and other relevant regional and international
human rights instruments and raise awareness on the activities of the
Commission;
Exchange views and share experiences with the Government of the Republic
of Mauritius and other stakeholders working on human and peoples’ rights in
the country on strategies to improve the enjoyment of these rights;
Strengthen relations between the Commission and the authorities of the
Republic of Mauritius in the area of promoting and protecting the rights
enshrined in the African Charter and other relevant national, regional and
international human rights instruments;
Engage in dialogue with the Government of the Republic of Mauritius with
regard to legislative and other measures taken to implement the provisions of
the African Charter and other human rights instruments ratified by the
country;
Gather relevant information on the situation of the rights of women, children,
asylum seekers, refugees, internally displaced persons, migrants, older
persons, persons with disabilities, indigenous populations/communities,
persons in detention, and other categories of persons in situations of
vulnerability living in the Republic of Mauritius;
Evaluate the level of enjoyment of economic, social and cultural rights of
populations in the country, as well as measures taken by the Government to
implement this category of human rights;
Evaluate the situation of the rights of people living with HIV/AIDS, those at
risk, vulnerable and affected by HIV/AIDS, identify the progress made as well
as the obstacles which hinder the exercise and full enjoyment of their rights;
6
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
xv.
III.
Assess the legislative and other measures taken to prevent and prohibit torture
and other cruel, inhuman or degrading treatment and punishment (torture and
other ill-treatment) in accordance with the country’s regional and international
obligations;
Gather information on the situation of human rights defenders in the country
and discuss with stakeholders the challenges that hamper the effective
enjoyment of the human rights of human rights defenders;
Exchange views and gather information on the exercise of the right to freedom
of expression and access to information in the country;
Exchange views and gather information on extractive industries, and assess the
impact of extractive industries on the life of populations in the country as well
as on the environment;
Conduct visits to places of detention and hold discussions with prison
administrative officials and other stakeholders on issues relating to conditions
of detention and prisons;
Follow up on recommendations of the Commission with regard to the human
rights situation in Mauritius, including in relation to implementation of
concluding observations and recommendations.
Advocate for the ratification of integral regional and international human
rights legal instruments that have not been ratified by the Republic of
Mauritius.
Meet with representatives of international organisations and Civil Society
Organisations (CSOs) involved in the promotion and protection of the human
rights.
METHODOLOGY
10. During the Mission, the delegation met with various stakeholders in Government,
civil society, as well as other actors involved in the protection and promotion of
human rights in Mauritius, with a view to exchange ideas and to collect the required
information to establish the state of human rights in the country, and to identify how
the Commission can assist the State in fulfilling its human rights obligations. The
delegation also sought to raise awareness among state and non-state stakeholders
about the Commission’s work and the work of its subsidiary mechanisms.
11. The delegation held fruitful discussions with some of the country’s highest
authorities, including the Prime Minister; Vice-Prime Minister, Minister of Local
Government and Outer Islands, and Minister of Gender Equality, Child Development
7
and Family Welfare; Minister of Foreign Affairs; Minister of Defence and Rodrigues;
Attorney-General and Minister of Justice, Human Rights and Institutional Reforms;
Minister of Social Security, National Solidarity, and Environment and Sustainable
Development; Minister of Labour, Industrial Relations and Employment and
Training; Minister of Social Integration and Economic Empowerment; Ministry of
Education and Human Resources, Tertiary Education and Scientific Research;
Ministry of Health and Quality of Life; Ministry of Ocean Economy, Marine
Resources, Fisheries and Shipping; Ministry of Youth and Sports; Deputy Speaker of
the National Assembly; Chief Justice; Commissioner of Police; and Commissioner of
Prisons.
12. The delegation also met with the National Human Rights Commission and the
National Preventive Mechanism; Equal Opportunities Commission; Independent
Commission against Corruption; Independent Police Complaints Commission; and
National Mechanism for Reporting and Follow-up.
13. The delegation was briefed by the United Nations Resident Coordinator on the
human rights situation in Mauritius. It further met with civil society organisations,
media practitioners and human rights defenders.
14. The delegation visited the Beau Bassin Prisons.
15. At each of these meetings, the delegation introduced the work of the Commission by
outlining its organisation, composition, mandate, activities and subsidiary
mechanisms. It further presented the objectives of the Mission and the need to bring
out good practices as well as to highlight challenges in order to make relevant
recommendations.
16. The delegation distributed publications and documents of the Commission to the
stakeholders it met.
17. The Mission ended with a press conference.
IV.
GENERAL INFORMATION
A. Geography, Population, Culture and Economy
18. Mauritius is located in the south-west of the Indian Ocean, and consists of the islands
of Mauritius, Rodrigues, Agalega, Tromelin, Cargados Carajos and the Chagos
Archipelago. The two main islands are the Island of Mauritius (1, 865 sq km) and the
Island of Rodrigues (104 sq km).
8
19. The Republic of Mauritius has a population of about 1.3 million with an estimated
resident population of 1,222,208 in Mauritius, 43,155 in Rodrigues, and 274 in the
other islands, as at December 2018.1 The population comprises of 626,261 males and
639,376 females.2
20. The Kreol Morisien (KRM) is the widely used language in Mauritius but it is not the
official language.3 English is the official language, but French is extensively. Asian
languages also form part of the linguistic mosaic.4 The major religions are Hinduism,
Christianity, and Islam.5
21. The economy of Mauritius continues its steady expansion, with real Gross Domestic
Product (GDP) growth estimated at 4.1% in 2018, up from 3.8% in 2017.6 Growth was
led mainly by construction, financial services, and information and communications
technology.7 The main exports include clothing, sugar cane, processed fish, and cut
flowers.8 The export of services also continues to rise, driven by tourism and financial
services.9
B. Political Structure
22. Mauritius obtained its independence from Great Britain on 12 March 1968. The Queen
of Great Britain was the Head of State until 1992 when Mauritius became a Republic.
23. The country is a parliamentary democracy led by the Prime Minister who has full
executive powers as the Head of Government. The Head of State is the President of
the Republic who is elected by a majority of the members of the National Assembly
on a motion of the Prime Minister.10
1
9th – 10th Combined Periodic Report of the Republic of Mauritius on the Implementation of the African Charter on
Human and Peoples’ Rights (January 2016 – August 2019), para 3.
2 Statistics Mauritius (under the aegis of the Ministry of Finance & Economic Development) “Population
and
Vital
Statistics
Year
2018”
March
2019,
available
at
http://statsmauritius.govmu.org/English/Publications/Pages/Pop_Vital_Yr18.aspx.
3 th
9 – 10th Combined Periodic Report of of Mauritius (n 1 above), para 10.
4
Republic
of
Mauritius
“Language”
available
at
http://www.govmu.org/English/ExploreMauritius/Geography-People/Pages/Language.aspx.
5 BBC “Mauritius Country Profile”25 February 2019, available at https://www.bbc.com/news/worldafrica-13882233.
6
African
Development
Bank
“Mauritius
Economic
Outlook”
2019,
available
at
https://www.afdb.org/en/countries/southern-africa/mauritius/mauritius-economic-outlook.
7 As above.
8 As above.
9 As above.
10 th
6 – 8th Combined Periodic Report (n 3 above) para 7.0.
9
24. Mauritius holds national and local elections at regular intervals.11 The conduct of
these elections is supervised by an independent Electoral Supervisory Commission.12
The National Assembly consists of 70 members of whom 62 are elected in accordance
with the first-past-the post system and the remaining 8 are allocated seats from among
the best losers at general elections on a community and party basis, in order to ensure
a fair and adequate representation of each community.13
25. In 2002, provision was made for a decentralised form of Government in the island of
Rodrigues by setting up the Rodrigues Regional Assembly which is responsible for
the formulation and implementation of policy for specified matters in relation to
Rodrigues.14
26. The Chagos Islands of Mauritius “have been at the centre of a decades-long dispute
over [the UK’s] decision to separate [the Islands] from Mauritius in 1965 and set up a
joint military base with the [United States (US)] on Diego Garcia, the largest of the
Islands.”15 Britain evicted about 2, 000 people from the archipelago in the 1960s and
1970s to make way for the military base which played a key strategic role in the Cold
War and the US campaigns against Afghanistan and Iraq in the 2000s.16
27. On 25 February 2019, the International Court of Justice (ICJ), in its advisory opinion
on the legal consequences of the separation of the Chagos Archipelago from Mauritius
in 1965, found that the UK had illegally split the Chagos Islands.17 In May 2019, the
UN passed a resolution requesting the UK to return control of the Chagos Islands to
Mauritius.18
C. Judicial Structure
28. The judicial system of Mauritius is based on the British adversarial system and
comprises of a single-structured judicial system made up of the Supreme Court and
subordinate courts.19 The Supreme Court is composed of the Chief Justice, the Senior
11 As above
12 As above.
13 As above.
14 6th – 8th Combined Periodic Report (n 3 above), para 8.0.
Al Jazeera “Britain loses UN vote over Chagos islands” 22 May 2019, available at
https://www.aljazeera.com/news/2019/05/britain-loses-vote-chagos-islands-190522160820797.html.
16 As above.
17 As above.
18 BBC “Chagos Islands dispute: UN backs end to UK control” 22 May 2019, available at
https://www.bbc.com/news/uk-48371388.
19 As above, para 11.0.
15
10
Puisne Judge and Puisne Judges.20 It has the sole power to determine whether any
provision of the Constitution has been contravened, including the power to determine
whether any law made by Parliament is void on the ground that it contravenes the
provisions of the Constitution.21 The Supreme Court divisions include the Master’s
Court, Family Division, Commercial Division, Criminal Division, Mediation Division,
Court of First Instance in Civil Proceedings, Court of First Instance in Criminal
Proceedings, Appellate jurisdiction, Court of Civil Appeal, and Court of Criminal
Appeal.
29. The Subordinate Courts consist of the Intermediate Court, Industrial Court, District
Courts, Bail and Remand Court, and Court of Rodrigues.
30. The Judicial Committee of the Privy Council is the final court of appeal of Mauritius.22
D. Legal Framework
31. Section 1 of the Constitution provides that the Republic of Mauritius shall be a
“sovereign democratic State”. Fundamental human rights and freedoms are
entrenched in Chapter II of the Constitution which is largely inspired by the European
Convention on Human Rights.23 The Constitution makes provision under Section 17
for redress to be afforded by the Supreme Court to any individual whose rights under
Chapter II have been, are being or are likely to be contravened.24
32. A number of laws have been enacted and certain existing laws have been reviewed,
including the following:
•
2009 Combating of Trafficking in Persons Act
•
2012 International Criminal Court Act
•
2012 National Preventive Mechanism Act
•
2012 Protection of Human Rights (Amendment) Act
•
2012 Legal Aid (Amendment) Act
•
2017 Equal Opportunities (Amendment) Act
•
2016 Independent Police Complaints Commission Act
20 As above, para 12.0.
21 As above.
22 As above, para 23.0.
23 6th – 8th Combined Periodic Report (n 3 above) para 6.0.
24 24 6th – 8th Combined Periodic Report (n 3 above), para 38.0.
11
•
2018 Judicial and Legal Provisions Act
•
2017 Extradition (Amendment) Act
•
2016 Prevention of Terrorism (Amendment) Act
•
2016 Amendment of Section 15 of the Constitution
•
2018 Reform of Institutions (Amendment) Act
•
2016 Police Act
•
2016 National Wage Consultative Council Act
•
2017 National Minimum Wage Regulations
•
2016 Rodrigues Regional Assembly (Amendment) Act
•
2015 Local Government (Amendment) Act
•
2016 Firearms (Amendment) Act
•
2016 Anti-Personnel Mines and Cluster Munitions (Prohibition) Act
•
2018 Convention on Prohibitions or Restrictions on the Use of Certain
Conventional Weapons Which May Be Deemed to be Excessively Injurious or
to have Indiscriminate Effects Act
•
2016 Protection of Elderly Persons (Amendment) Act
•
2016 Protection from Domestic Violence (Amendment) Act
•
2017 Data Protection Act
•
2018 Human Tissue Act
•
2018 Information and Communication Technologies (Amendment) Act
•
2018 Acquisitive Prescription Act (not yet in operation)
33. Mauritius has ratified the following major regional and international human rights
instruments:
•
African Charter on Human and Peoples’ Rights;
•
African Charter on the Rights and Welfare of the Child;
•
Protocol to the African Charter on Human and Peoples’ Rights on the
Rights of Women in Africa;
12
•
Protocol to the African Charter on Human and Peoples’ Rights on the
Establishment of an African Court on Human and Peoples’ Rights;
•
African Union Convention on Preventing and Combating Corruption;
•
International Covenant on Civil and Political Rights (ICCPR);
•
Optional Protocol to the International Covenant on Civil and Political
Rights (ICCPR-OP-1);
•
International Covenant on Economic, Social and Cultural Rights (ICESCR);
•
International Convention on the Elimination of all Forms of Racial
Discrimination (ICERD);
•
International Convention on the Elimination of all Forms of Discrimination
against Women (CEDAW)
•
Optional Protocol to the Convention on the Elimination of all Forms of
Discrimination against Women (CEDAW-OP);
•
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (CAT);
•
Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (OPCAT)
•
Convention on the Rights of the Child (CRC);
•
Optional Protocol to the Convention on the Rights of the Child on the Sale
of Children, Child Prostitution and Child Pornography (CRC-OP-SC);
•
Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict (CRC-OP-AC);
•
United Nations Convention against Transnational Organized Crime;
•
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, supplementing the United Nations Convention
against Transnational Organized Crime;
•
Hague Convention on the Civil Aspects of International Child Abduction;
PART TWO
CONDUCT OF THE MISSION
13
34. This section of the Report provides highlights of the series of meetings held with
diverse stakeholders involved in the protection and promotion of human rights in
Mauritius.
I.
Meeting with State representatives
A. Prime Minister; Minister of Home Affairs, External Communications and
National Development Unit; and Minister of Finance and Economic
Development
35. The delegation met with Honourable Pravind Kumar Jugnauth, the Prime Minister;
Minister of Home Affairs, External Communications and National Development Unit;
and Minister of Finance and Economic Development of Mauritius. Following
introductions, the delegation briefed the Prime Minister on the purpose of the
Promotion Mission. The Prime Minister noted the importance of adhering to
democratic principles and respecting the rights of all stakeholders. He indicated that
the National Assembly recently enacted two laws which aimed to better protect
human rights. He added that it is necessary to reform the electoral system which has
elements of communal politics.
36. With regards to women’s representation in parliament, he indicated that a threefourth (3/4th) majority is needed to enact a law that would make it mandatory to have
1/3rd representation of women in parliament. He stated that Mauritius has ratified the
Maputo Protocol which has a requirement of parity, and the Government will try to
have more women candidates during the next elections.
37. On the issue of investment, the Prime Minister indicated that Mauritius attracts
capital flow, but not from Africa. He added that the tax law in Mauritius is attractive
for investment.
38. Regarding the Chagos Islands, the Prime Minister stated that the human rights of
Chagosians continues to be violated, and that despite favourable decisions from the
United Nations (UN) and the ICJ, there has been no progress.
B. Vice-Prime Minister; Minister of Local Government and Outer Islands, and
Minister of Gender Equality, Child Development and Family Welfare
39. The delegation met with Honourable Fazila Jeewa-Daureeawoo, Vice-Prime Minister;
Minister of Local Government and Outer Islands, and Minister of Gender Equality,
Child Development and Family Welfare. Honourable Daureeawoo held discussions
14
with the delegation in her capacity as Minister of Gender Equality, Child
Development and Family Welfare (Ministry of Gender). She noted that the Ministry
is conscious of the gaps in the implementation of the rights of women and the family,
and is taking steps to address these gaps.
40. The Minister indicated that the Ministry of Gender is working on a law to ensure
gender parity in parliament, but that they did not have the majority vote needed to
pass the law. She also stated that the Ministry is working on an action plan to ensure
gender equality in the public sector. Other positive steps taken by the Ministry
include: organising exhibitions on the contribution of women in Mauritius,
sensitisation campaigns on areas such as HIV, education of teen mothers, regular
sessions with the Prime Minister on the rights of women and children, assisting
women entrepreneurs, revising laws to empower women particularly in the public
sector, and working with the private sector to have more women in senior positions.
41. The Minister indicated that 8% of women work in the private sector. She stated that
women face challenges as entrepreneurs including in starting businesses. To address
this, on 8 March 2019, the Prime Minister announced that women entrepreneurs can
benefit from loans of less than 500,000 Mauritian Rupees, without guarantees, at a 3%
interest rate. She added that 40% of loans have been reserved for women.
42. With regards to gender based violence (GBV), the Minister stated that the Ministry
has launched a support system for victims of GBV including by setting up a 24 hours
call centre (hotline), using community centres to reach out to victims, and providing
psychological assistance to victims. The Ministry also held training sessions with
Australia on GBV and took steps to ensure that perpetrators of GBV are more harshly
sanctioned than before. The Minister clarified that more consultation needs to be
carried out on the issue of marital rape. She also indicated that Article 242 of the Penal
Code which states that “[m]anslaughter committed by any person on his spouse, as
well as on his accomplice, at the very moment he finds them in the act of adultery is
excusable” is under revision.
43. On the rights of children, the Minister indicated that the Ministry is working on a
Children’s Bill which seeks to protect the rights of children and also review the age of
marriage. Regarding intersex children, the Minister indicated that they are classified
as either male or female at birth, and that there is no other option. On refusal to pay
alimony, the Minister clarified that it is a criminal offence and that a court can order
that the required amount be directly deducted from the father’s salary.
15
44. With regards to budgeting, the Minister clarified that if the Ministry does not have
sufficient budget for the fiscal year, it is still able to put in a request for additional
funds to the Minister of Finance/Prime Minister, with the necessary justification. The
Minister explained that other ministries such as the Ministry of Education receive
funds to promote the rights of women, but that the Ministry of Gender supervises
how the other ministries are promoting the rights of women.
45. Finally, the Minister stated that the Ministry of Gender carries out tremendous work,
but lacks a good system to evaluate its work, including its successes and
shortcomings.
46. The delegation thanked the Minister and urged the Ministry to ensure that Mauritius
submits its initial report on the Maputo Protocol, in accordance with the Maputo
Protocol State Reporting Guidelines.
C. Minister of Foreign Affairs, Regional Integration and International Trade and
Minister of Public Infrastructure and Land Transport
47. The delegation met Honourable Nandcoomar Bodha, Minister of Foreign Affairs,
Regional Integration and International Trade and Minister of Public Infrastructure
and Land Transport.
48. The Minister indicated that two bills are under review in parliament, the Children’s
Bill and the Disability Bill. He added that the Children’s Bill primarily aims to address
concerns related to the age of marriage for children and the right to education of
children. With regards to the Disability Bill, he stated that the State is working to make
buildings and other public spaces accessible to persons with disabilities (PWDs). The
Minister stated that fast-tracking these Bills is a priority for the Ministry of Foreign
Affairs.
49. The Minister mentioned other positive developments in Mauritius, including good
governance and democracy in the country; free, fair and transparent elections; steps
being taken to enhance women’s representation in parliament; voluntary submission
by Mauritius of its report on the Sustainable Development Goals (SDGs); and
introduction of minimum wage and the Portable Retirement Gratuity Fund.
50. With regards to the Chagos Islands situation, the Minister underscored that it is a fight
for the liberation of the whole of Africa and not for Mauritius only. He further stated
that the UN provided a six (6) month timeframe for the implementation of its
16
Resolution, failing which Mauritius is prepared to go back to the UN for the next
steps.
D. Minister of Defence and Rodrigues and Minister of Mentor
51. The delegation met with Honourable Sir Anerood Jugnauth, Minister of Defence and
Rodrigues, and Minister of Mentor, in the presence of the Commissioner of Prisons
and the Commissioner of Police. The Minister stated that Mauritius pays particular
attention to the promotion and protection of human rights, adding that the youth are
aware of their rights. The Minister indicated that Mauritius is a melting pot of various
cultures and religions, and that the people respect one another. He further stated that
Mauritians live in peace with good friendly relations with nearby countries, and
therefore Mauritius does not have an army. The Minister mentioned a new project
entitled “Safe City” which aims to eradicate crime.
52. On the issue of youth radicalisation, the Police Commissioner indicated that
vulnerable people are generally more susceptible, but that Mauritius is taking
measures to address the issue.
E. Attorney-General and Minister of Justice, Human Rights and Institutional
Reforms
53. The delegation was received by Honourable Maneesh Gobin, Attorney-General and
Minister of Justice, Human Rights and Institutional Reforms, who briefed the
delegation on the various international and national institutions with a human rights
mandate.
F. Minister of Social Security, National Solidarity, and Environment and
Sustainable Development
54. The delegation met with Honourable Marie Joseph Noel Etienne Ghislain
Sinatambou, Minister of Social Security, National Solidarity, and Environment and
Sustainable Development. The objectives of the Ministry include paying noncontributory basic pensions; providing social aid and assistance; providing income
support scheme to those in need; enhancing the welfare of vulnerable groups;
assisting, empowering, and integrating persons with disabilities, the elderly and other
vulnerable groups; providing financial assistance for medical treatment locally and
overseas; providing financial assistance to victims of floods and cyclones; managing
the NPF (contributory pension scheme) and the National Savings Fund; ensuring an
17
effective rehabilitation and integration of offenders in society; and rehabilitating
juvenile offenders.
55. The Minister indicated that the Ministry is also responsible for identifying fraudulent
claims for pension. He added that there have been instances of fraud committed by
staff of the Ministry, but that the concerned persons no longer work with the Ministry.
56. The Minister explained that 22.8% of the total budget of Mauritius is allocated for
social security schemes. The Minister mentioned some positive developments in the
country regarding socio-economic rights, including: the eradication of extreme
poverty; introduction of minimum wage; school material and food support to
children living in poverty with at least 80% attendance records; implementation of
negative income tax which is a system where instead of paying taxes, employees
deriving basic salary not exceeding Rs 9,900 per month, receive financial support from
Government; free tertiary education since January 2019; and installation of CCTV
cameras in all social security offices since January 2019.
57. With regards to the rights of persons with disabilities, the Minister stated that the
Disabilities Bill was sent back to the Ministry due to the high standards taken from
the United Nations Convention on the Rights of Persons with Disabilities
(UNCRPDp) and which necessitate a high cost for its implementation. The Ministry
have been requested to rework the project, which will take more inspiration from the
African Charter on Human and People’s Rights , which allows a progressive
implementation. These include the reasonable accommodation measures for visually
impaired persons, as well as challenges related to modifying existing buildings to
make them accessible to persons with disabilities.
58. Regarding the rights of older persons, the Minister indicated that the State amended
the Protection of Elderly Persons Act in 2016 and set up the Elderly Protection Unit.
The Minister however indicated that there are instances of ill-treatment of older
persons in homes.
59. On the issue of climate change, the Minister stated that the State has taken numerous
measures including policy, national strategy, action plan, and investment
programmes. He added that since 2015, the country’s response to disaster
management has evolved, including the passage of laws on responding to natural
disasters in 2016. The Minister however stated that more can be done to tackle climate
change.
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60. The Minister indicated that there is no discrimination against any particular group in
Mauritius, including the creole, who are African descendants and are Christian,
admitting that the level of education of the creole is lower as compared to the rest of
the population.
G. Minister of Social Integration and Economic Empowerment
61. The delegation met with Honourable Marie Roland Alain Wong Yen Cheong,
Minister of Social Integration and Economic Empowerment.
62. The Ministry briefed the delegation on the following:
•
Mauritius is a welfare state with a wide range of social protection schemes to
assist the poor and vulnerable.
•
Less than 1% of the population lives below the poverty line, but the majority
are women.
•
The Ministry of Social Integration and Economic Empowerment was
established in 2010 to alleviate poverty and end social exclusion.
•
The National Empowerment Foundation is the executive arm of the Ministry
which is responsible for identifying persons living in absolute poverty and
assessing their needs; implementing, harmonising, and monitoring and
evaluating any integration and empowerment programme or scheme; and
monitoring social contracts signed by beneficiaries to track rise from poverty,
amongst others.
•
Through the National Corporate Social Responsibility Foundation, which
started operation in January 2017, all companies are required to contribute
through the Mauritius Revenue Authority (MRA) at least 50% of their
corporate social responsibility money (2% of their chargeable income of the
preceding year) to the National Corporate Social Responsibility Foundation.
•
The Marshall Plan against Poverty is a comprehensive national strategy to
ensure the realisation of the Government Programme 2015-2019, the
Government’s vision 2030, the African Union’s Agenda 2063, and the 2030
Agenda for Sustainable Development; especially Goal 1: End poverty in all its
forms everywhere.
63. The Ministry informed the delegation of new measures to alleviate poverty including
the: establishment of new absolute poverty thresholds based on a minimum of 80 USD
19
and a maximum of 280 USD for a family of two adults and three children which is
40% above the international poverty line; establishment of a social register of
Mauritius comprising of registered families living in absolute poverty; introduction
of a new income support scheme for the payment of a monthly subsistence allowance
for registered families living in absolute poverty in order to ensure that their basic
needs are met; and introduction of a Marshall Plan Social Contract in 2017 by which
beneficiaries receive support and agree to participate in relevant empowerment
programmes and commit themselves towards improving their conditions of living.
64. The Ministry explained that under the Marshall Plan Social Contract beneficiaries may
receive Conditional Cash Transfer such as child allowance of USD 25 based on a 90%
attendance; crèche scheme with a maximum monthly payment of USD58 per child
effected to day-care centres; school premium scheme (USD440 for completing grade
9, USD735 for completing the school certificate level or equivalent vocational
certificate, and USD1030 for completing higher school certificate or equivalent
technical qualification); free examination fees which would otherwise cost USD350;
and school materials which approximately cost USD44 to 66.
65. The Minister indicated that approximately 40,000 people are covered under the
programme, and around 3,000 people have gone above the poverty line. He added
that beneficiaries have two (2) years to go above the poverty line, after which cash
support is suspended. He stated that in terms of eligibility, there is no preferential
treatment to groups and that everyone has equal opportunity. The Minister indicated
that there are instances of fraud committed by migrant workers to receive benefits.
66. With regards to empowerment programmes, the Ministry explained that the Ministry
of Education provides services related to education and vocational training on the
condition of 90% attendance; the Ministry of Labour provides services related to
employment and livelihoods; the Ministry of Health provides services related to
healthcare; and the Ministry of Gender provides services related to family
empowerment programmes.
67. The Minister indicated that, the Ministry, among other things, provides guidance to
beneficiaries on how to utilise grants; teaches beneficiaries basic life and
communications skills to shift their mind-set and attitude; builds concrete houses for
people living below the poverty line which beneficiaries will pay for in instalments;
provides basic home appliances such as washing machines and refrigerators and
teaches beneficiaries how to use those appliances; and provides schemes for single
parents and subsidy scheme for basic items.
20
68. With regards to the housing support, the Minister clarified that the island is small so
land is a challenge, and the Ministry requires assistance in that regard.
69. On support for older persons, the Minister indicated that their pension is
supplemented by USD250 per month, which amount will increase with age. He added
that transportation is free for older persons and that they also get a discount on air
tickets on the national airline.
H. Minister of Labour, Industrial Relations and Employment and Training
70. The delegation met with Honourable Soodesh Satkam Callichurn, Minister of Labour,
Industrial Relations and Employment and Training.
71. The Minister indicated that Mauritius is party to numerous conventions of the
International Labour Organisation (ILO) and that the domestic legal framework also
ensures respect for human rights. He added that discrimination on various grounds
is addressed by the country’s robust legal framework.
72. With regards to allegations of abuse of migrant workers, the Minister indicated that
reports of abuse are taken seriously and that there have only been a few cases of abuse
which the Ministry addressed. The Minister underscored that applications by
employers for a permit to hire migrant workers are closely examined by the relevant
Ministries, and where the criteria is not met, such applications are rejected. He
indicated that each year there is a review process, adding that some lodgings and
buildings were closed due to non-compliance. The Minister guaranteed that there is a
control system, including the setting up of the Migrant Unit in the Ministry.
73. The Minister stated that the law prohibits the confiscation of passports by employers,
and that migrant workers are encouraged to give their passports to their embassies
for safe-keeping. During inspections, migrant workers are asked whether their
passports are with their employer, and if that is the case, employers are required to
give back the passports. The Minister stated that labour laws apply to migrants
equally, such as application of the minimum wage. Trade unions also cover migrant
rights, and some migrants have their own unions.
74. The Minister indicated that there is a demand for migrant workers because the youth
do not want certain jobs. He explained that the Ministry is working to change the
youth’s mind-set including by providing appropriate trainings.
21
75. On allegations of harassment and intimidation of trade unions, the Minister stated
that their rights are stipulated in law and respected. The Minister indicated that trade
unions are represented in the Occupational Health and Safety Committee at the
Ministry which aims to promote decent work, protect the safety and health of any
employee against any risk at their workplace; and raise awareness on safety and
health.
76. The Minister explained that the normal working hour per day is eight (8), but
indicated that the law allows for two (2) hours of over-time paid work. However, there
is a maximum number of working hours per week. The Minister stated that
employees can report any violations to the Labour Office which can be found in all
towns and villages.
77. The Minister stated that the National Assembly passed the Workers’ Rights Bill which
provides for Portable Retirement Gratuity Fund. The Fund requires that the
employer-paid lump sum gratuity at retirement be based on service with all
employers rather than only service with the final employer, and that employers prefund the gratuity via pay-related contributions to a new central fund.
78. The Minister highlighted other positive measures such as unannounced inspections
by well-trained inspectors in the Mobile Unit; availability of labour laws in various
languages to ensure that employees understand their rights and duties; free training
to youth at the end of which they receive 6,000 Mauritian Rupees; and development
of various programmes as the need arises.
79. On the issue of child labour, the Minister stated that it is criminalised and that there
are no instances of child labour. He added that a team from the Ministry visits
different parts of the island, but that there have been no cases.
I. Ministry of Education and Human Resources, Tertiary Education and Scientific
Research
80. The delegation met with representatives of the Ministry of Education and Human
Resources, Tertiary Education and Scientific Research.
81. The Ministry explained that education has a very important place in Mauritius, and it
is mandatory for all children up to the age of 16. The Ministry indicated that 3.5% of
the total budget of Mauritius is allocated for education. Education is free from pre22
primary to tertiary level. The rate of enrolment for pre-school and primary school is
nearly 100%. However, not all students go through to secondary school, as some go
to vocational school instead and study for 3 to 4 years.
82. Representatives of the Ministry indicated that the country has been investing in
inclusive education, with reforms taking place at all levels. A structural and
pedagogical reform of education has been initiated, particularly at the primary
schools level. It was also necessary to regulate the private sector, particularly in the
higher education sector, and the set up of a regulatory framework. Since 2017, the
nine-year schooling system was introduced. The system focuses not only on cognitive
development, but also holistic development.
83. With regards to the use of Kreol Morisien in schools, the Ministry stated that in 2012
Kreol Morisien was introduced as an optional subject in a number of schools. Teachers
are trained by the Ministry and training tools for teachers have been produced.
However, there have been gaps in implementation in Rodrigues, but the Academy for
Kreol is working to address this gap. The use of Kreol Morisien is encouraged to
facilitate the teaching learning process in schools. Work is underway to ensure that
Kreol Morisien is accepted as a formal language.
84. Regarding integration of human rights in the education system, the Ministry
explained that the curriculum of teachers includes human rights education. Elements
of human rights education are also included in secondary schools, particularly in the
study of Social and Modern Studies and Life Skills and Values.
85. The Ministry explained that private schools generally offer better services,
particularly extra-curricular activities, and it is mostly expatriate parents who are able
to send their children to private schools. The Ministry revealed that there are gaps at
the pre-primary level. Subsidies are provided to private schools, particularly at the
pre-primary level, to accommodate low income parents.
86. The Ministry stated that schools are required to register in order to operate, and
registration of schools is conditional on attainment of a quality assurance certificate.
This certificate is provided to schools which meet the required standard. School
facilities and teachers are evaluated yearly. The Ministry provided an example of a
school which was closed because it did not meet the standards, adding that the
teachers were redeployed.
23
87. Subsidies depend on reports. The standards need to be inspected. All school going
children from low income families are eligible to a monthly cash allowance provided
they meet the criterion of 90% school attendance. The allowance is paid to their
families.
88. With regards to students with special needs, the Ministry indicated that it has been
working on a special education needs reform strategy since 2017 in order to secure
inclusive education for all students. Under this scheme, teachers receive training on
inclusive education; facilities are made accessible to students including toilets; and
the Ministry works closely with non-governmental organisations (NGOs) to deliver
education to students with special needs. While accessibility for students with
disabilities in primary school has been secured, work is ongoing to ensure that
facilities in all secondary schools are also made accessible to students with disabilities.
89. The Ministry explained that as at March 2019, there were 72 Special Education Needs
schools registered with the Ministry of Education and Human Resources, Tertiary
Education and Scientific Research. Government ran 21 schools, while NGOs and the
Roman Catholic Education Authority ran the other 51.25
90. There were 2,790 students enrolled in the 72 special schools (of whom 65.7% were
boys) as at March 2019. The three most frequent types of impairment among the
pupils were intellectual impairment (34.4%), autism (9.7%) and physical disability
(8.5%).26
91. A curriculum for students with special needs is being developed, including for
visually impaired students, students with hearing difficulties, students with
psychosocial disability, and students with autism. The Ministry indicated that the
curriculum would be ready in 2019, and all the materials would be ready by 2022.
92. The Ministry indicated that there are seven (7) well-equipped resource centres which
provide services for physiotherapy, speech therapy, occupational therapy and
psychology. There is a system in place for students to have appointments and special
sessions based on their needs.
Mauritius Education Statistics 2019
http://statsmauritius.govmu.org/English/Publications/Documents/2019/EI1474/Edu_Yr19.pdf
25
26
same as above
24
93. With regards to the youth, the Ministry indicated that the traditional sector has not
been very attractive to the youth, and that the African Leadership Academy in
Mauritius has been engaged in youth skills development.
94. Representatives of the Ministry shared other positive developments, such as
provision of free text books at the primary level for students, as well as free text books
for students with special needs at the secondary level; the levy grant system whereby
employers contribute towards the training of their employees to enhance their
productivity; and regulation of the wages of teachers in public and private schools.
J. Ministry of Health and Quality of Life
95. The delegation met with representatives of the Ministry of Health and Quality of Life.
The Ministry explained that Mauritius is a welfare state which provides free universal
access to Primary Health Care (PHC) services to all citizens. The PHC system
comprises of Area Health Centres (AHCs), Community Health Centres (CHCs), MediClinics (MC), Community Hospitals (CH) and other PHC institutions to provide
health promotion, health education, family planning, immunisation, diagnostic,
treatment and referral services. Private health institutions also provide healthcare to
the population at a cost. The Ministry indicated that there are healthcare schemes for
public servants and for private sector workers. The Ministry stated that the
Government is investing on enhancing health services including by modernising the
infrastructure and building modern hospitals.
96. The Ministry stated that there is no pharmaceutical industry everything is imported,
but was exploring ways to collaborate with Southern African Development
Community (SADC) countries to procure the supplies to address the issue.
97. On medical education, the Ministry explained that two (2) universities in Mauritius
teach general medicine, but that specialized courses are offered in partner universities
in France and Switzerland.
98. With regards to budget allocation for health, the Ministry stated that 8.6% of the 20182019 national budget is allocated for health, with 0.73% committed to HIV
programmes.
99. On the issue of infant mortality, the Ministry indicated that it is 14% per 1000 live
births.
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100. On the issue of abortion, the Ministry stated that it is allowed in Mauritius under
exceptional circumstances as provided in the amended Criminal Code, such as life
endangerment, rape, and incest. The Ministry explained that abortion has not been
legalized for all cases due to religious opposition.
101. Regarding non-communicable diseases (NCD), the Ministry explained that
Mauritius increased its spending on early disease detection programmes (screening
and sensitisation) for NCD such as cardiovascular diseases, diabetes and cancer,
reducing the mortality rate for NCD.
102. The Ministry stated that There are no sex education courses for young people as
such because it is a taboo issue. However, the Ministry is raising awareness in a
indirect way through the "life skills" programme. The specificity of the population
does not help to do it openly.
103. The Ministry briefed the delegation on the situation of HIV/AIDS in the country,
which affects 0.88% of the population, particularly those over the age of 15 years. Key
populations affected by the virus include drug injectors (32%) and men who have sex
with men (MSMs) (17%).
104. The Ministry explained that the approach to tackle HIV/AIDS is multi-sectoral
and decentralised. The Ministry stated that the country adopted the 2017 – 2021
National Action Plan against AIDS which follows a multi-sectoral and human rightsbased approach, and focuses on maintaining the dignity of PLHIV. Civil society and
PLHIV are involved on issues such as psychological care, nutritional counselling and
advice, and nutritional supplement. The Action Plan offers a common framework to
tackle HIV/AIDS.
105. The Ministry indicated that the 2006 HIV and AIDS Act helps to safeguard the
rights of PLHIV while also ensuring that there is no stigma and discrimination against
PLHIV, and enables affected people to seek redress. The Ministry added that the HIV
and AIDS Act was amended in 2008 to allow marriage between a Mauritian citizen
and a non-citizen who is HIV infected.
106. The Ministry highlighted some of the measures adopted by the country to tackle
HIV/AIDS, such as moblilisation of civil society for non-medical screening (rapid
test) of marginalised people; training of social workers and peer educators; adoption
of early treatment for a better quality of life for PLHIV; provision of pre-exposure
prophylaxis to key and vulnerable populations and post-exposure prophylaxis;
26
provision of male and female condoms; provision of prevention of mother to child
transmission (PMTCT), ARVs, and milk formula for two (2) years for children whose
mothers are HIV positive.
107. The Ministry also explained that it works on awareness raising in communities,
workplaces, schools, and health facilities. It raises awareness on prevention as well as
treatment and lifestyle for PLHIV. Caregivers are also trained on respectful caregiving. Representatives of the Ministry indicated that the Ministry works on
sensitisation of key populations, marginalised groups, sex workers, drug injectors,
and detainees.
108. With regards to detainees, the Ministry indicated that, like the rest of the
population, detainees also have access to HIV prevention and treatment information
and facilities.
109.
The Ministry indicated that there is no law criminalising HIV transmission.
K. Ministry of Ocean Economy, Marine Resources, Fisheries and Shipping
110. The delegation met with representatives of the Ministry of Ocean Economy,
Marine Resources, Fisheries and Shipping. The objective of the Ministry is to ensure
sustainable development and management of fishery resources in the waters of
Mauritius, and to protect and conserve living aquatic resources through an ecosystem
approach to fisheries. The 2007 Fisheries and Marine Resources Act relates to the
management, conservation, and protection of fisheries, and marine resources and
marine ecosystem.
111. The Ministry stated that ocean economy contributes around 10.5%to GDP.
Mauritius processes about 140,000 tonnes of tuna per year and is the third (3rd) largest
exporter to the European Union.
112. On the issue of maritime labour, the Ministry explained that Mauritius became
party to the Maritime Labour Convention in 2006, and that the Ministry also carries
out dialogue with trade unions for fishermen. The Ministry indicated that there are
12,000 people directly working in fisheries and 22,000 indirectly. The Ministry
indicated that work is being done on strengthening the national food security plan
and aquaculture.
27
113. Regarding protection of the environment, the Ministry explained that there is no
substantive law, but that Mauritius is a party to the Memorandum of Understanding
on Port Control for the Indian Ocean Region, which amongst other things, recognises
the need to protect marine environment. The Ministry also stated that Mauritius
implements fishery conservation and management measures as member of the Indian
Ocean Tuna Commission (IOTC), Convention for the Conservation of Antarctic
Marine Living Resources (CCAMLR), South West Indian Ocean Fisheries
Commission (SWIOFC), and Southern Indian Ocean Fisheries Agreement (SIOFA).
114. There are limitations on the level of exploitation of fish resources and regulation
of fishing methods such as restriction on destructive fishing methods, limitation on
gear and mesh size, licensing system, quota allocation, and size limit. The Ministry
stated that Mauritius has set up a series of tools to combat illegal, unreported and
unregulated fishing such as the vessel monitoring system (VMS) and automatic
identification system (AIS) to monitor and track the activities of small boats all around
the Island; strict fishing licence procedure; and regular participation in regional
surveillance programmes.
115. The Ministry stated that climate change is a substantial threat to Mauritius. The
Ministry explained that due to the possible impacts of climate change on the country’s
economy, citizens and their livelihoods, the Government has made climate change
adaptation and mitigation a national priority. The Ministry stated that it is taking the
following steps to address climate change: rehabilitation of the damaged coral reef
system through coral farming in order to protect the coastal zone and marine
ecosystem; mangrove propagation, long-term coral reef monitoring, and seagrass
rehabilitation and monitoring; public awareness programmes for fishermen, schools
and the general public on the need to conserve the marine ecosystem; conservation
and management of marine turtles and their habitats; and assessment of ecological
impacts of coastal development and tourism related activities in the coastal zone and
near-shore lagoon, among others.
L. Ministry of Youth and Sports
116. The delegation met with representatives of the Ministry of Youth and Sports. They
explained that the Ministry’s work on the youth is guided by the National Youth
Policy which was adopted in 2016. It was indicated that the Policy is reviewed every
five (5) years in order to respond to the youth’s changing needs and aspirations.
28
117. The Ministry shared some positive steps being taken to empower youth in
Mauritius, such as setting up youth centres in nearly all regions where youth can
engage in arts, sports, leadership programmes, life skill lessons, and get support on
entrepreneurship; civic education for youth; Volunteer Mauritius which creates
opportunities for helping others; and youth training by first-aiders, fire-fighters,
police, and others. The Ministry stated that 300 youth have completed trainings and
become employable.
118. With regards to sports, the Ministry explained that the 2016 Sports Act defines the
parameters of operation of the Ministry regarding sporting activities. The Act clearly
communicates that discrimination is prohibited including on grounds of sexual
orientation, ethnicity, religion, or other status.
119. The Ministry shared positive developments in the area of sports in the country,
including: hosting the 10th Indian Ocean Islands Games in July 2019 and winning the
games; launch of sports politics by the Prime Minister in order to develop sports in
Mauritius; construction of an international standard sports complex; agreement with
Liverpool Football Club for a training programme for 250 youth; allowing sports
federations to draft their own budget which is then approved and consolidated,
developing different segments of sports; encouraging community games; enhancing
preparation for the Olympic games including the Paralympics for athletes with
disabilities; providing allowance to athletes who have won medals in any sporting
games once they are over the age of 35; providing vocational training and training in
the University of Mauritius in order to reintegrate athletes into society; establishment
of the trust fund for sports excellence to finance trainings; and financial aid by the
Ministry to support studies abroad.
120. The Ministry stated that the Mauritius Olympic Committee regularly interacts
with the Ministry of Youth. The Committee looks into issues of doping and works
well with the World Anti-Doping Agency.
121. The Ministry explained that 20% of the population has diabetes and an additional
20% are vulnerable to diabetes. The Ministry stated that to address this problem the
State has built five (5) swimming pools and 5 football fields in different villages;
included sports education in school curriculum; and is working with the Ministry of
Health to encourage the population to adopt a healthier lifestyle.
M. Deputy Speaker of the National Assembly
29
122. The delegation met with Honourable Georges Pierre Lesjongard, Deputy Speaker
of the National Assembly of Mauritius. The functions of the National Assembly
include law-making, controlling the finances of the State, and checking the actions of
government and the Ministries. The Deputy Speaker stated that Mauritius adheres to
the principle of separation of powers and that there have never been instances of
interference between the different branches of government.
123. The Deputy Speaker explained that the National Assembly generally considers
and discusses bills; holds emergency discussions; and regularly engages with CSOs
on different issues.
124. Regarding the consideration of bills, the Deputy Speaker indicated that
discussions on a bill could take more than one (1) month. He indicated that CSOs are
aware of the status of discussions on bills in parliament and that they can raise
concerns with the Deputy Speaker and propose amendments. The Deputy Speaker
added that CSOs can also meet parliament caucus groups and Members of Parliament
can meet CSOs at Citizen Advisory Bureaus.
125. The Deputy Speaker informed the delegation that the parliament in Mauritius
does not have thematic committees, but holds thematic sessions instead, including
sessions on human rights issues. He explained that there is a Parliamentary Gender
Caucus (PGC) which was formally set up in December 2016 and launched in March
2017. The Caucus works to promote and attain gender equality by undertaking a
periodical gender assessment of government policies, carrying out research on salient
gender issues, and facilitating networking with organisations and institutions to
promote gender equality and participation.
126. The Deputy Speaker explained that while a good number of women work in civil
service, they are not well-represented in parliament and in government. He added
that out of 25 ministers, only two (2) are women. The Speaker stated that reform in
the electoral process may be necessary to ensure that more women are elected as
public officials. He added that the PGC is working to address the issue of
representation in the public and private sector. To address inequality in the private
sector, the PGC made a recommendation to the Prime Minister to ensure that a
company should have one or more women in the Board of Directors.
127. On other measures taken to address gender disparity, the Deputy Speaker stated
that each ministry has a desk officer responsible for gender issues and that the budget
for ministries has a gender component.
30
128. On the issue of protection of human rights defenders, protection of intersex
persons, and protection of LGBT persons, the Deputy Speaker stated that the Equal
Opportunities Act of Mauritius prohibits all forms of discrimination, and that a bill
on sexual orientation was recently passed.
N. Chief Justice
129. The delegation met with Honourable Marc France Eddy Balancy, Chief Justice of
Mauritius. The Chief Justice explained that the justice system of Mauritius first
followed the French model and then adopted the English model. He added that
Mauritius uses the jurisprudence of the English legal system. He indicated that the
Chief Justice is appointed by the President upon the recommendation of the Prime
Minister.
130. The Chief Justice indicated that the judiciary in Mauritius is independent, and that
there is supervision in all the courts. He explained that the Institute for Judicial and
Legal Studies oversees trainings and proficiency, and ensures the maintenance of
standards in the judiciary and generally in the delivery of court services. He stated
that judges and magistrates undergo trainings regularly.
131. The Chief Justice stated that in exceptional instances appeals from the Court of
Appeal or from the Supreme Court go to the Judicial Committee of the Privy Council,
which is the final court of appeal of Mauritius.
132. With regards to the Truth and Justice Commission which started operation in 2009
to carry out an assessment of the consequences of slavery and indentured labour, the
Chief Justice indicated that the government decided to establish a tribunal to consider
complaints from descendants of slavery. He added that it is up to the executive to take
the process forward.
133. On the issue of death penalty, the Chief Justice stated that the death penalty has
been abolished and that Mauritius has ratified OPCAT.
134. The Chief Justice explained that the rule of law is respected in Mauritius, and that
the country attracts investment due to its good reputation. He stated that the
Mauritius International Arbitration Centre which is fully supported by the
Government, but operationally independent, offers high level dispute resolution
services. He added that the Permanent Court of Arbitration also has an Office in
Mauritius.
31
O. Commissioner of Police
135.
The delegation met with Mr Karl Mario Nobin, Commissioner of Police.
136. The Commissioner explained that a human-rights based approach is used by the
police in their work. He clarified that the Constitution of Mauritius as well as other
legislation which protect human rights in Mauritius also apply to the police. The
Commissioner stated that the police respect human rights in the process of
investigation, inquiry, and interviews, and that there are no loopholes. Police are
regularly trained on human rights, including on best standards in other countries. The
National Human Rights Commission (NHRC) of Mauritius trains new recruits on the
human rights module, which includes international human rights standards. He
added that there is also an agreement with the University of Mauritius for training of
recruits on United Nations treaties.
137. As regards the arrest and detention of suspects and accused persons, the
Commissioner explained that there is a strict human-rights compliant protocol which
is followed, including the right to counsel, the right to legal assistance, and the right
to be presented before a magistrate within 24 hours. The Commissioner also indicated
that all police stations including detention cells, have CCTV cameras which reinforces
security and the rights of detainees and suspects.
138. On the issue of torture and ill-treatment of suspects and detainees, the
Commissioner explained that the issue is taken very seriously, and that police men
have been suspended for such acts. He stated that the public are free to express
concerns about the police and the media also have contact with police.
139. The Commissioner indicated that in 2018, the Independent Police Complaints
Commission (IPCC) became operational. He reaffirmed that the IPCC is fully
independent and that it investigates complaints made against police officers in the
discharge of their functions, other than complaints of acts of corruption or money
laundering offences. He added that the Chairperson of the IPCC is a former judge.
140. On the issue of gender based violence, the Commissioner stated that each police
station has a female officer who is responsible for collecting statements from victims
and making inquiries. He indicated that the percentage of female police officers has
increased from 4% to 10%, adding that it would take several years to have gender
parity in the police force. He noted that some police stations are headed by women.
32
141. Regarding drug-related offences, the Commissioner clarified that the majority of
cases relate to drug possession, while the smaller proportion of drug offences relate
to drug-dealing. He stated that drug-related offences take time because they have to
be sent to the Office of the Director of Public Prosecutions (DPP), and the DPP is
responsible for carrying out inquiries and investigations. He added that in the case of
drug-related offences, the motion for bail is usually denied due to the circumstances
and gravity of the offence.
142. The Commissioner explained that one of the branches of the Mauritius Police
Force is the Anti-Drug and Smuggling Unit (ADSU) which is responsible for the legal
repression of drugs proliferation in Mauritius. He stated that with the assistance of
the United Nations Office on Drugs and Crime (UNODC), Mauritius has developed
a National Drug Control Master Plan 2019- 2023 which seeks to implement
appropriate drug control strategies, including repression, prevention, education, and
integration of offenders into society.
143. The Commissioner explained that organised crime is not common in Mauritius,
and that there are no cases of terrorism.
144. With regards to managing protests, the Commissioner indicated that there are
specialised officers in crowd control, disturbances, and escort of prisoners.
145. The Commissioner shared some positive developments in policing such as
reforms which brought about civilian oversight and community policing; regular
engagement with the community including with businesses; and use of media,
including radios and newspapers, to communicate information with the public
resulting in enhanced understanding between the public and police.
146. In terms of capacity, the Commissioner explained that the Government is
strengthening recruitment, with a minimum of 500 police recruited annually, who are
then assigned to the various divisions, including the National Coast Guard and the
Special Mobile Force. The Commissioner clarified that these divisions and others are
overseen by the Police Commission. He added that while each division has its own
head, each one reports to the Police Commissioner. The Commissioner also stated that
the Government has made considerable effort to buy the required material for the
police force, such as radios and 4,000 cameras.
33
147. The Commissioner indicated that staff including cadet officers are trained in
countries such as the United States, China, Reunion Island, United Kingdom, France,
and India.
II.
Meeting with National Institutions
A. National Human Rights Commission and National Preventive Mechanism
148. The delegation met with the Deputy Chairperson and other Members of the
National Human Rights Commission (NHRC) and the National Preventive
Mechanism (NPM). The delegation was informed that the NHRC was established in
2001, and that it comprises of two (2) divisions, namely the Human Rights Division
and the National Preventive Division. It was explained that the third division, which
was the Police Complaints Division, has now separately been established as the
Independent Police Complaints Commission in 2018.
149. The NHRC explained that once complaints are received by the Human Rights
Division, first, it attempts to settle the matter amicably, failing which, it conducts an
investigation and make recommendations. The NHRC stated that each week two (2)
of its staff members carry out sensitization in districts including sensitization on the
African Charter. It works with community organisations and undertakes awareness
raising activities with NGOs.
150. The NHRC clarified that complaints related to economic, social and cultural rights
are not considered by the NHRC, because these rights have not been incorporated in
the Constitution of Mauritius. It stated that national institutions such as the Equal
Opportunities Commission, which also considers complaints against the private
sector, consider complaints alleging violation of economic, social and cultural rights.
The NHRC indicated that it tries to make sure that there is no overlap of mandates.
For example, the NHRC refers complaints related to accessibility for persons with
disabilities to the Equal Opportunities Commission, and it refers complaints related
to medical matters to the Ministry of Health or the Medical Board.
151. The NHRC explained that while economic, social and cultural rights have not been
incorporated in the Constitution, these rights are being realised by the State.
152. On the issue of capacity, the NHRC stated that its budget was increased in 2019,
which would allow it to recruit more staff. It has also been collaborating with the
European Union since 2017.
34
153. The Deputy Chairperson of the NPM informed the delegation that Mauritius
acceded to OPCAT on 21 June 2005, enacted the National Preventive Mechanism Act
in 2012, and established the NPM in 2012. The NPM explained that it visits places of
detention, examines the treatment of detainees, and makes appropriate
recommendations.
154. The NPM ensures that detainees in mental health institutions, prisons, police cells,
detention centres, correctional youth centres, and rehabilitation youth centres are
treated with humanity and respect for the inherent dignity of the human person. The
NPM can carry out visits without notice, and with no restrictions on day or time.
There are many CCCT cameras in detention centres, which the visiting team also
checks.
155. It was indicated that five (5) police men are in detention following the death of a
detainee in custody. While there were no reported cases of torture in Rodrigues, the
NPM raised concerns regarding conditions of detention on the island. The NPM
further stated that police laboratories have staff and equipment shortage, and
investigations into drug-related offences, particularly synthetic drugs which are more
complex, take more time. As a result, persons detained in connection with drugrelated offences could be held for longer periods. In light of this, the NPM
recommended that first-offenders should not be held criminally liable, and should
instead be admitted to rehabilitation centres.
156. It was stated that the location of Mauritius as a hub between the different
continents makes it a convenient transit point for drug traffickers. Large quantities of
drugs are dumped into the ocean, and synthetic drugs which contain liquid pollute
the water and aquatic life.
157. On the issue of overcrowding in prisons, the NPM indicated that authorities are
aware of the problem, and different projects are being implemented to address the
issue in the various districts.
158. Regarding the NPM’s capacity, the Deputy Chairperson of the NPM explained
that the budget of the NPM is included in the overall budget of the NHRC. He
indicated that investigators are trained on the Guidelines and Measures for the
Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or
Punishment in Africa (Robben Island Guidelines) and the Guidelines on the
Conditions of Arrest, Police Custody and Pre-Trial Detention in Africa (Luanda
Guidelines).
35
Equal Opportunities Commission
159. The delegation met with Mr Khalid Tegally, Chairperson of the Equal
Opportunities Commission (EOC), and other Members of the EOC. The EOC was
established under the 2008 Equal Opportunities Act, and became operational in 2012.
The role of the EOC is to promote anti-discrimination and equal opportunity
principles and policies in Mauritius. The Chairperson explained that the EOC is the
offspring of the NHRC.
160. The Chairperson indicated that one of the mandates of the EOC is its complaints
procedure, which empowers it to carry out an investigation of its own motion or
following a complaint, and effectively responding to the complaint made by the
complainant. The Chairperson stated that the number of complaints received by the
EOC are constantly increasing. Between May 2016 and May 2019, the EOC received
593 complaints on alleged discrimination and sexual harassment.
161. The Chairperson stated that the EOC is adequately capacitated and that in
addition to the consideration of complaints, the EOC carries out sensitization
activities in schools, universities, grass-root organisations, parliament, and with the
general public. He emphasized that changing attitudes and mind-sets takes time,
which is why sensitization is important.
162. The Chairperson indicated that the rights of minority groups are generally
respected in Mauritius. He stated that there have been some challenges regarding
marriage age in some communities, as the law allows minors aged 16 or 17 to get
married with the consent of their parents, or in their absence, a judge.
163. Another challenge the Chairperson alluded to relates to the multiplicity of forums
available to the public to bring complaints, which has resulted in frustration because
people are uncertain about which forum to approach. For example, he stated that not
all issues relating to dismissal from work should be brought to the attention of the
EOC – it is only those that relate to dismissal on a discriminatory basis that should be
referred to the EOC. He also explained that while forums such as the Ombudsperson
consider complaints against the public sector only, the EOC also considers complaints
against the private sector.
164. The Chairperson explained that the EOC report is shared with the Prime Minister’s
Office, the Ministries and other relevant stakeholders. Cases are confidential until
they are concluded and published.
36
165.
The delegation noted that the EOC membership does not comprise women.
B. Independent Commission against Corruption
166. The delegation met with representatives of the Independent Commission against
Corruption (ICAC). The ICAC was established in 2002, and its functions include
educating the public against corruption; considering allegations of corruption;
investigating acts of corruption; investigating public officials who may be connected
to acts of corruption; examining the practices and procedures of public bodies to
detect acts of corruption and to secure the revision of methods of work which may be
conducive to corruption, among others.
167. Representatives of the ICAC explained that the ICAC is financially independent,
as it receives its budget directly from the Ministry of Finance. However, the ICAC is
also accountable, administratively and judicially, to ensure proper checks and
balances. The Parliamentary Committee ensures the administrative accountability of
ICAC by monitoring and reviewing its financial and staffing activities, while the
Director of Public Prosecutions (DPP) scrutinizes investigations carried out by the
ICAC. The ICAC cannot institute prosecutions without the consent of the DPP and
arrests can only take place following the approval of the Police Commissioner.
168. The delegation was informed that the ICAC comprises of four (4) divisions,
including the Investigation Division, Corruption Prevention and Education Division,
Legal Division, and Corporate Services Division.
169. Representatives of the ICAC indicated that ICAC comprises of 85 staff members,
including experts in law, finances, technology, and other relevant areas. Few police
officers are also attached to the Investigation Division as the ICAC does not have the
power to arrest.
170. The delegation was informed that Mauritians do not usually pay bribes and that
there is transparency in the country. It was indicated that elected officials are required
to declare their assets to the public and that the law on the declaration of assets had
just been promulgated27.
171. The ICAC explained that corruption is difficult to prove because it usually only
involves two parties and there is no trail. It is easier to find evidence when multiple
27
The Declaration of Assets Act 2018 was enacted by the National Assembly on 12 December 2018 and came into
force on 01 June 2019. Subsequently, the Declaration of Assets (Amendment) Act 2019 was proclaimed on
Thursday 22 August 2019.
37
parties are involved. It was indicated that cases of money laundering are rising. At
the time of the visit, the ICAC stated that it had 1200 pending cases.
172. The ICAC representatives explained that the ICAC can make inquiries on any
person, and gave an example of how the ICAC inquired on the former and current
Prime Minister, as well as the former President. They added that informants are
protected.
173. Regarding the initiation of inquiries, the ICAC may start inquiries suo moto on the
basis of publicly available information or by reviewing audit reports. It may also
receive tips from informants.
174. The ICAC representatives indicated that anti-corruption committees embedded in
ministries oversee the implementation of the ICAC recommendations.
175. With regards to the human rights aspect of the anti-corruption work, the ICAC
indicated that there have not been any instances of abuse or brutality committed by
ICAC officers. The 2002 Prevention of Corruption Act also provides the legal
framework to ensure the protection of rights.
176. The delegation was informed that the Corruption Prevention and Education
Division is responsible for sensitization. It carries out public campaigns and also uses
media outlets to reach stakeholders including the, youth, private sector, and civil
society. The Division also organises workshops with Ministries on specific issues, and
engages with other African countries to share country experiences.
177. The ICAC also collaborates with the AU Advisory Board on Corruption and the
African Development Bank.
C. Independent Police Complaints Commission
178. The delegation met with Mrs D. Beesoondoyal, Chairperson of the Independent
Police Complaints Commission (IPCC). She explained that the IPCC is an
independent body. The IPCC Act was passed in July 2016 and the IPCC became
operational in April 2018. The delegation was informed that the Police Complaints
Division at the NHRC was dissolved following the establishment of the IPCC.
179. The objective of the IPCC is to investigate complaints made against police officers
in the discharge of their functions, other than complaints of acts of corruption or
38
money laundering offences. Police are no longer allowed to receive complaints, and
such complaints should be transferred to the IPCC within two (2) days of receipt.
180. The Chairperson indicated that minor incidents as well as cases of ill-treatment are
brought to the attention of the IPCC. An example was given of a detainee who died
in police custody, and sanctions/disciplinary action were taken against the implicated
police officers.
181. The delegation was informed that the IPCC regularly engages with the
Commissioner of Police. The police are conscious of their actions and are aware that
there are consequences. It was stated that 650 complaints against the police were
received in 2018 but 300 of them were not relevant. It was indicated that most of the
complaints received by the IPCC involve young police officers.
182. In addition to the processing of complaints, the IPCC carries out mediation and
sensitization work.
183. With regards to capacity, the Chairperson explained that the IPCC used to be
under-staffed, but that it is slowly growing.
D. National Mechanism for Reporting and Follow-up
184. The delegation met with the National Mechanism for Reporting and Follow-up
(NMRF). The NMRF was established in December 2017, under the Ministry of Justice,
Human Rights and Institutional Reforms to ensure that the obligations of Mauritius
in terms of reporting and follow-up to the human rights bodies of the UN and AU are
fulfilled. The NMRF ensures that periodic reports and mid-term review/progress
reports are submitted in a timely manner after consultations with all parties
concerned. The NMRF is chaired by the Minister of Justice, Human Rights and
Institutional Reforms, and regularly engages various ministries, departments, CSOs,
and other stakeholders.
185. The delegation briefed the NMRF on the work of the Commission and its Special
Mechanisms. The delegation also highlighted the available avenues for civil society
engagement with the Commission.
186. The delegation was briefed by various civil society organizations working with
the mechanism who exchanged views with the Delegation, on issues related to the
protection of the elderly, as well on the Government's position on the ratification of
the Protocol to the African Charter on Older Persons, the Commission's position on
39
the protection of LGBTI persons, including the fact that homosexuality was still
penalised in Mauritius, and the withdrawal CAL’ observer status.
187. Discussions also focused on the treatment of foreign prisoners in Mauritius. In this
regard, the Inspector of Prisons indicated that according to the Law, a prisoner must
serve 2/3 of his sentence before he could be sent back to his country of origin.
However, some countries are not cooperative; for example, South Africa is often
reluctant to take back its nationals.
III.
Meeting with CSOs, Media Professionals, and UN Representative
A. Meeting with Civil Society Organisations
188. The delegation met with representatives of Mauritian CSOs and discussions
covered a number of issues including, the rehabilitation and reintegration of young
people in conflict with the law, limitation of the right to freedom of expression,
discrimination against HIV positive people, limitation of freedom of demonstration,
the issue of the protocol on the elderly, the protection of women and children, the
situation of LGBTI and the protection migrant workers’rigths.
189. CSOs have denounced the length of pre-trial detention especially for children who
due to the length of time they spend in detention do more than their sentence and are
sometimes tried as adults. Furthermore they feel that many of the young people in
prison should instead be in rehabilitation centres.
190. With regard to freedom of expression, Mauritius enjoyed relative freedom of
expression and had good laws on the subject, but implementation need to be
improved. The media, particularly national radio and television, are very
government-oriented, there are some censorship and it is not always easy to convey
objective information. It was also reported that civil society organizations were
prohibited from publicly reporting on situations found during their visits to prisons.
191. The limitation of the freedom of demonstration by more than 11 persons unless
prior authorization from the Commissioner of Police within 7 days, constitute a
hindrance to the activities of civil society organizations. Appeals can be made to the
Supreme Court in the event of refusal, but the procedure is expensive, thus little
recourse to it. State had been requested to amend this law on several occasions but
without results.
192. Discrimination against foreign HIV-positive people has also been denounced, with
tests being carried out on foreigners and those who test positive being deported.
Foreigners are also reported to have difficulties in accessing health care. Other
problems reported concern the limitation of bank lending to people living with
40
HIV/AIDS, access to ARVs for adolescents who require parental consent, and
difficulty in accessing ARVs in private clinics.
193. It also been reported that CSOs have been prohibited from going into prisons to
distribute syringes in order to limit the spread of HIV/AIDS when drug use and
detention are the major problems among the population.
194. With regard to the ratification of the Protocol to the African Charter on Older
Persons, the Government was in favour of ratification, but it appeared that there was
not unanimity and that there would be a conflict with the Ministry of Social Security
on the subject.
195. Concern about the dissolution of the Economic and Social Council, which was
replaced by another body under State control, was also expressed, CSOs fears that this
new body will lack independence.
196. The law protects persons on the basis of their sexual orientation, but does not
protect transgender persons, particularly in the workplace. Furthermore, sodomy is
still criminalized and transidentity is not recognized.
197. With regard to the protection of women's and children's rights, the major problems
are marital rape and early pregnancies, as well as the lack of a real sex education
program for young people.
198. On the question of the protection of migrant workers' rights, CSOs reported the
difficulty of accessing migrant workers and being able to provide them with the
necessary assistance; in their view, much remains to be done in this area.
B. Meeting with Media Trust
199. The delegation met representatives of media professionals. part of the Media
Trust with whom it exchanged views on freedom of expression and access to
information, the financing of the private press, the absence of private television, the
draft law on access to information and its evolution, equitable access to the Internet
and the existence of a regulatory body.
200. The Media Trust was established under the Media Trust Act in 1994, with among
others objectives, to receive and manage funds obtained from the government and
other organizations; manage a media and documentation centre; organize seminars,
conferences, workshops and training courses; foster relations with the international
media; and carry out any other activities that the Board of Trustees may decide.
201. It is therefore a governmental institution, but it operates independently. Its Board
of Directors is composed of journalists representing the print, radio and other media.
41
The Chairman of the Board of Directors is appointed by the Prime Minister and its
budget is derived from the Framework Law establishing the institution.
202. The Media Trust trains journalists, to ensure that professionals receive adequate
training according to their needs. It also organizes training of trainers, and also
facilitates training by other actors.
203. There are about 450 journalists from all media recognized by the Media Trust. The
Press as a whole is totally independent, there is respect for institutions and journalists
practice self-regulation.
204. There are, however, certain limits to this freedom of information and access to
information, as there is still a monopoly on the television press, as the Government
has still not given authorization for the setting up of a private television station
despite the growing demand from the population. There are, however, digital
television via the Internet (WebTV).
205. There is a media regulatory authority, for the audiovisual media only, which gives
opinions, but does not have the power to issue authorizations to operate, which
remains the prerogative of the Government. The Ministry of Information issue the
press card; however, according to the Media Trust this should have been its role.
206. Mauritius does not have a Press Council, as there are still many differences of
opinion on this subject.
207. Concerning the presence of women in the media, there are 75% of women in the
public sector and 60% in the private sector.
208. Regarding the defamation status, Mauritius amends its Information and
Communication Technologies Act (ICTA) in 2018, to include clause that imposes
heavy sentences for online messages that may be considered aggravating.
209. When originally adopted in 2001, the ICTA referred solely to messages that caused
anxiety or distress in those to whom they were addressed, conditions that could be
determined by means of a psychological assessment. Under the amendments
adopted, anyone in Mauritius sending a message via the Internet that causes or could
cause something as harmless as “inconvenience” could end up being sentenced to up
to ten years in prison.
210. Many Mauritian journalists and publishers have voiced concern about the dangers
posed by this amendment.
C. UNDP
42
211. The delegation met Mrs Christine Umutoni, United Nations Development
Programme (UNDP) Resident Representative/ UN Resident Coordinator for
Mauritius and Seychelles. The Resident Coordinator indicated that Mauritius is a
democratic state which generally adheres to its human rights obligations. She
however stated that human rights reporting has been an issue, particularly in view of
the added obligation to report on the UN Sustainable Development Goals (SDGs). She
noted that it is important to align all the reporting procedures to alleviate the burden
on countries.
212. She stated that many economic indicators show that Mauritius is prospering.
However, as a small island nation, Mauritius could remain in the middle income trap,
and therefore the country should be assisted by partners.
213. The Resident Coordinator highlighted climate change as a challenge that the
country is facing. She stated that the Government is working hard on maritime
security and on issues of trafficking.
214. She highlighted some positive developments in the country, such as the Prime
Minister’s aggressive effort to tackle GBV; the new bill on children’s rights; setting up
of Gender Caucus in parliament to audit all gender related laws; and the country’s
first voluntary national review to chart its progress towards attaining the SDGs. She
stated that this is an exercise that other African countries should aspire to do.
215. The Resident Coordinator indicated that the UN mostly supports policy
development in the country, and advocates for resource mobilization. Because the
private sector is very active in Mauritius, the UN is working with them on the SDGs
and in promoting human rights. She stated that areas of focus include migrant
workers’ rights, labour laws, green business, drug control advocacy, and HIV
prevention.
216. Regarding the favourable decision on the Chagos Islands to Mauritius, the
Resident Coordinator indicated that there is no roadmap for implementation, and that
it has become a political issue.
IV.
Visits
A. Commissioner of Prisons
43
217. The delegation visited the Beau Bassin Prisons, where it met with Mr Vinod
Apaddoo, the Commissioner of Prisons. The delegation was briefed on the general
situation of prisons in Mauritius, and more specifically on the Beau Bassin Prisons.
218. The delegation was informed of the following: there are currently 12 prisons,
which consist of preventive prisons, intermediate prisons, high security prisons and
open prisons. A new prison is under construction. There is only 70% occupancy of
the prisons so there is no problem of overcrowding. As for August 2019 the total
number of prisoners was 2918, prisoners fundamental rights including their right to
dignity, non-discrimination, health, education, and information are respected,
including non-Mauritians, are entitled to family visits and are permitted to call or
write to family members or friends; foreign prisoners are separated from the national,
places of worship are accessible to prisoners; recreational services including
television, radio, newspapers and prison libraries, are accessible to prisoners;
prisoners can take part in vocational training, or in agriculture or poultry farming;
Prison Fellowship annually donates gifts to children for Christmas; prisoners are not
marginalised and regularly engage with the community to carry out joint
development projects such as road maintenance; cameras have been installed in
prisons; and there is a training school for prison staff and prison staff participate in
different activities including celebration of national days.
219. The delegation was also informed that there are no political prisoners or journalists
in prison. There are also no cases of radicalisation in prisons and that there is a
sentence remission program that applies to all prisoners except drug traffickers and
those who have committed crimes against children or persons with disabilities. Thus,
the sentence can be reduced by 1/3.
220. On the issue of HIV in prisons, the delegation was informed that, at the time of the
visit, 418 inmates have HIV, and 329 of them are receiving ARV treatment. At their
arrival prisoners undergo a medical visit to determine if they are HIV positif or not.
221. In order to prevent the spread of HIV, the Prisons Commission engages in regular
information, education and communication campaigns on drugs, HIV/AIDS, and
sexually transmitted infections. Prison staff are also regularly trained on the
management of injecting drug users infected with HIV. Furthermore, a peer education
program has been developed and is being implemented.
222. With regards to the treatment, care and support available for HIV-positive
prisoners, the delegation was informed that pre-test and post-test counselling is
44
available; psycho-social support is provided by a prison psychologist, hospital
executives and the dynamic security support unit (DSSU); weekly follow-up visits are
made by AIDS specialists from the AIDS unit; all HIV-positive prisoners have access
to national standard care including ARVs; PMTCT is available to HIV-positive
pregnant women; post-exposure prophylaxis program is implemented in all penal
institutions; and food supplements are improved for prisoners on ARVs.
223. Some of the HIV-related challenges raised by the Commissioner of Prisons
includes lack of adequately trained staff, access to prevention facilities, and lack of
follow-up and recidivism. He indicated that at times, drug offenders with HIV relapse
once they are discharged, commit an offence, and are brought back to prison. He
stated that it is therefore important to strengthen the follow-up and support system.
He noted that prisons are working with NGOs to support prisoners following their
release from prison. He added that although the Ministry of Health provides
transportation money for them to receive their treatments, some past offenders still
do not go to receive treatments.
224. With regards to drug users in prison, the Commissioner of Prisons indicated that
since 2006 methadone therapy is administered in prisons, and that the prisons
collaborate with specialist doctors from the Ministry of Health and Quality of Life in
that regard.
225. There are separate juvenile detention Centre for boy and girl. In order to reduce
the length of pre-trial detention, prisoners are presented to the judge via video
conference, especially for bail applications.
226. In medium security prison a part from the daily routine works, detainees have the
possibility to be trained in poultry as well as in agriculture. There is also a block
making industry where many detainees are engaged in labour. Detainees have also
the opportunity to attend various MITD approved vocational courses.
227. The delegation was given a tour of the facilities. The facilities the delegation saw
conformed to minimum standards of detention, and the delegation was able to
interact with some of the prisoners.
V.
Debriefing session
228. The delegation was welcomed by the Attorney-General and Minister of Justice,
Human Rights and Institutional Reforms for the debriefing session.
45
229. The head of delegation, Commissioner Soyata Maiga, Chairperson of the
Commission, thanked the Government for facilitating the successful mission. She
further reported on the various meetings held with governmental, non-governmental
and other stakeholders working on human rights and the visits carried out.
PART THREE
OBSERVATIONS AND ANALYSIS OF THE HUMAN RIGHTS SITUATION IN
MAURITIUS
230. This section of the Report provides the general observations and findings of the
Promotion Mission based on the visits and information gathered from the meetings
and discussions with the different stakeholders.
231. The mission took place from 13 to 17 August 2019. Thanks to the facilitation of the
Government, and in particular the Advisory Council for Human Rights, the
delegation met a cross-section of stakeholders working in the field of human rights.
232. The delegation is satisfied that the individuals and institutions which it met gave
it an adequate picture of the human rights situation in the country, which forms the
basis of the observations which it sets out here.
POSITIVE ASPECTS
233. The Commission notes and appreciates the following as positive factors in the
promotion and protection of human rights in Mauritius:
General
i.
The authorisation granted to the Commission by Mauritius, which is proof of
the Government’s willingness to cooperate with the Commission in addressing
human rights issues in the country;
ii.
The ratification of regional and international human rights instruments,
including: African Charter on Human and Peoples’ Rights; African Charter on
the Rights and Welfare of the Child; Protocol to the African Charter on Human
and Peoples’ Rights on the Rights of Women in Africa; Protocol to the African
Charter on Human and Peoples’ Rights on the Establishment of an African
Court on Human and Peoples’ Rights; African Union Convention on
Preventing and Combating Corruption; ICCPR; ICCPR-OP-1; ICESCR; ICERD;
CEDAW; CEDAW-OP; CAT; CRC; CRC-OP-SC; CRC-OP-AC; United Nations
46
Convention against Transnational Organized Crime; Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and Children,
supplementing the United Nations Convention against Transnational
Organized Crime; and Hague Convention on the Civil Aspects of International
Child Abduction;
iii.
The voluntary submission by Mauritius of its report on the Sustainable
Development Goals (SDGs);
iv.
The “Safe City” project which aims to eradicate crime;
v.
establishment of the Truth and Justice Commission in 2009 to carry out an
assessment of the consequences of slavery and indentured labour;
vi.
Development of the National Drug Control Master Plan 2019- 2023 which seeks
to implement appropriate drug control strategies, including repression,
prevention, education, and integration of offenders into society.
Article 1 – legislative and other measures to give effect to the African Charter
i.
The adoption and review of a number of laws with positive bearing on the
human rights situation in the country, including: 2009 Combating of
Trafficking in Persons Act; 2012 International Criminal Court Act; 2012
National Preventive Mechanism Act; 2012 Protection of Human Rights
(Amendment) Act; 2012 Legal Aid (Amendment) Act; 2017 Equal
Opportunities (Amendment) Act; 2016 Independent Police Complaints
Commission Act; 2018 Judicial and Legal Provisions Act; 2017 Extradition
(Amendment) Act; 2016 Prevention of Terrorism (Amendment) Act; 2016
Amendment of Section 15 of the Constitution; 2018 Reform of Institutions
(Amendment) Act; 2016 Police Act; 2016 National Wage Consultative Council
Act; 2017 National Minimum Wage Regulations; 2016 Rodrigues Regional
Assembly (Amendment) Act; 2015 Local Government (Amendment) Act; 2016
Firearms (Amendment) Act; 2016 Anti-Personnel Mines and Cluster Munitions
(Prohibition) Act; 2018 Convention on Prohibitions or Restrictions on the Use
of Certain Conventional Weapons Which May Be Deemed to be Excessively
Injurious or to have Indiscriminate Effects Act; 2016 Protection of Elderly
Persons (Amendment) Act; 2016 Protection from Domestic Violence
(Amendment) Act; 2017 Data Protection Act; 2018 Human Tissue Act; and 2018
Information and Communication Technologies (Amendment) Act.
47
ii.
Policies, programs, and strategies put in place for the realisation of human
rights, as well as the establishment of national institutions with human rights
mandates.
iii.
The continuous efforts of the Government to develop various legislation aimed
at improving the human rights framework in the country, through a number
of bills pending in Parliament; and
iv.
Efforts to align domestic laws with international and regional standards.
Article 2 – non-discrimination
i.
Establishment of the Equal Opportunities Commission to promote antidiscrimination and equal opportunity principles and policies in Mauritius;
Article 4 – right to life
i.
Abolition of the death penalty;
Article 5 – prohibition of torture and other ill-treatment
i.
Sanctioning of police officers for committing acts of torture and other ill-treatment;
ii.
Establishment of the National Preventive Mechanism (NPM) to visit places of
detention, examine the treatment of detainees, and make recommendations;
iii.
Visits by the NPM to all places of detention including mental health institutions,
correctional youth centres, rehabilitation youth centres, prisons, and police cells;
iv.
Unannounced visits by the NPM, with no restriction on day or time;
v.
Training of NPM investigators on the Robben Island Guidelines and the Luanda
Guidelines
Article 6 – right to personal liberty and security of the person
i.
Installation of CCTV cameras in all police stations including in detention cells;
ii.
Establishment of the Independent Police Complaints Commission to investigate
complaints made against police officers in the discharge of their functions;
iii.
Presence of civilian oversight and community policing;
iv.
Use of media to communicate with the public resulting in enhanced
understanding between the public and police;
v.
Satisfactory standards of detention at the Beau Bassin Prisons;
vi.
Regular training of police officers on human rights, training of new police recruits
on human rights by the National Human Rights Commission, and agreement
48
between the Commission of Police and University of Mauritius for training on
United Nations treaties;
Article 11 – freedom of assembly
i.
Training of specialised officers in crowd control and disturbances
Article 15 – right to work
i.
Introduction of minimum wage, and application of minimum wage to everyone
including migrant workers;
ii.
Prohibition of the confiscation of passports of migrant workers by employers;
iii.
Enactment of the Worker’s Rights Bill which provides for Portable Retirement
Gratuity Fund;
iv.
Levy grant system whereby employers contribute towards the training of their
employees to enhance their productivity;
v.
Availability of labour laws in various languages to ensure that employees
understand their rights and duties;
vi.
Criminalisation of child labour;
Article 16 – right to the best attainable standards of health
i.
Free universal access to Primary Health Care (PHC) services to all citizens
ii.
Improvement of health services including by modernising the health
infrastructure;
iii.
Increased spending on early disease detection programmes for non-communicable
diseases (NCD), which has reduced the mortality rate for NCD;
iv.
Methadone therapy for drug users in prison;
v.
Building five (5) swimming pools and 5 football fields in different villages and
encouraging the population to adopt a healthier lifestyle;
HIV
vi.
Adoption of the 2017 – 2021 National Action Plan against AIDS which follows a
multi-sectoral and human rights-based approach;
vii.
Amendment of the HIV and AIDS Act in 2008 to allow marriage between a
Mauritian citizen and a non-citizen who is HIV infected;
viii.
Moblilisation of civil society for non-medical screening (rapid test) of marginalised
people;
49
ix.
Sensitisation of key populations, marginalised groups, sex workers, drug injectors,
and detainees;
x.
Training of social workers and peer educators, as well as training of caregivers on
respectful care-giving;
xi.
Adoption of early treatment for a better quality of life for PLHIV;
xii.
Provision of pre-exposure prophylaxis to key and vulnerable populations and
post-exposure prophylaxis;
xiii.
Provision of male and female condoms, provision of prevention of mother to child
transmission (PMTCT), ARVs, and milk formula for for children whose mothers
are HIV positive for two (2) years;
xiv.
Awareness raising in communities, workplaces, schools, and health facilities on
treatment and lifestyle changes for PLHIV;
xv.
Commendable awareness raising efforts on HIV/AIDS in prisons as well as good
treatment, care, and support for HIV-positive prisoners;
Article 17 – right to education
i.
Free education from pre-primary to tertiary level;
ii.
Mandatory education for all children up to the age of 16;
iii.
Focus on cognitive as well as the holistic development of students;
iv.
Yearly evaluation of school facilities and teachers for quality assurance;
v.
Regulation of the wages of teachers in public and private schools;
vi.
Introduction of Kreol Morisien as an optional subject in schools;
vii.
Monthly cash allowance provided to the families of all school-going children from
low income families if they meet the criterion of 90% school attendance;
viii.
Provision of subsidies to private schools, particularly at the pre-primary level, to
accommodate low income parents;
ix.
School premium scheme of USD440 for completing grade 9, USD735 for
completing the school certificate level or equivalent vocational certificate, and
USD1030 for completing higher school certificate or equivalent technical
qualification;
x.
Free examination fees which would otherwise cost USD350 and school materials
which approximately cost USD44 to 66;
50
Students with special needs
i.
Reforms to ensure inclusive education, including the development of the special
education needs reform strategy since 2017;
ii.
Ongoing development of a curriculum for students with special needs, including
for visually impaired students, students with hearing difficulties, students with
psychosocial disability, and students with autism;
iii.
Accessibility for students with disabilities in primary school has been secured;
iv.
Establishment of seven (7) well-equipped resource centres which provide services
for physiotherapy, speech therapy, occupational therapy and psychology for
students;
v.
Provision of free text books at the primary level for all students, as well as free text
books for students with special needs at the secondary level;
Article 18 – protection of the family and vulnerable groups
Persons living in poverty
i.
The eradication of extreme poverty and the lifting of 3,000 people above the
poverty line;
ii.
Wide range of social protection schemes to assist the poor and vulnerable;
iii.
Establishment of a new absolute poverty threshold which is 40% above the
international poverty line;
iv.
Allocation of 22.8% of the total budget of Mauritius for social security schemes;
v.
Installation of CCTV cameras in all social security offices for transparency and to
address instances of fraud;
vi.
Introduction of an income support scheme for the payment of a monthly
subsistence allowance for registered families living in absolute poverty;
vii.
Implementation of negative income tax which is a system whereby employees
deriving a basic salary not exceeding Rs 9,900 per month receive financial support
from Government;
viii.
Establishment of the National Corporate Social Responsibility Foundation which
requires all companies to contribute 50% of their corporate social responsibility
money towards a consolidated fund;
ix.
Conditional Cash Transfer such as child allowance of USD25 based on a 90%
school attendance;
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x.
Crèche scheme with a maximum monthly payment of USD58 per child effected to
day-care centres;
xi.
Schemes for single parents and subsidy scheme for basic items;
xii.
Guidance provided to beneficiaries by the Ministry of Social Integration and
Economic Empowerment on how to utilize grants;
xiii.
Lessons to beneficiaries in basic life and communications skills to change mind-set
and attitude;
xiv.
Construction of concrete houses for people living below the poverty line which
beneficiaries have to pay for in installments;
xv.
Provision of basic home appliances to beneficiaries and lessons on how to use
those appliances;
Women and girls
i.
Establishment of the Parliamentary Gender Caucus (PGC) to promote and attain
gender equality;
ii.
Assignment of a desk officer in each ministry to serve as a focal point for gender
issues and inclusion of gender component in the budget of ministries;
iii.
Ongoing development of a Draft Action Plan to ensure gender equality in the
public sector, as well as the revision of laws to empower women in the public
sector;
iv.
Awareness raising activities organised on areas relevant to women and girl’s
empowerment;
v.
Assistance provided by the Ministry of Gender to women entrepreneurs;
vi.
Ministry of Gender collaboration with the private sector to ensure that more
women hold senior positions;
vii.
The possibility of requesting the Ministry of Finance/Prime Minister for
additional funds with the necessary justification in cases where the Ministry of
Gender requires additional funds;
viii.
Psychological support provided to victims of GBV and setting up of the 24 hours
call centre (hotline) for victims;
ix.
Female officer assigned in each police station to collect statements from victims of
GBV and to make inquiries;
Children
52
i.
Draft Bill to protect the rights of children and review the age of marriage;
ii.
Court order to ensure the payment of alimony by directly deducting the amount
from the father’s salary in cases of refusal to pay alimony;
Persons with disabilities
i.
Draft Disability Bill aimed at promoting and protecting the rights of persons
with disabilities;
ii.
Efforts to make buildings and other public spaces accessible to persons with
disabilities;
Older persons
i.
Amendment of the Protection of Elderly Persons Act;
ii.
Establishment of the Elderly Protection Unit;
iii.
Pension of older persons is supplemented by USD250, and the amount increases
by age;
iv.
Free transportation for older persons and discount on air tickets on the national
airline;
Article 19 – right of all people to equality
Chagos Islands of Mauritius
i.
The advisory opinion of the International Court of Justice (ICJ) on 25 February
2019 regarding the separation of the Chagos Archipelago from Mauritius in 1965,
finding that the UK had illegally split the Chagos Islands, and the UN resolution
of May 2019 which requested the UK to return control of the Chagos Islands to
Mauritius.
Article 21 – right to free disposal of wealth and natural resources
i.
Implementation of fishery conservation and management measures;
ii.
Use of tools to combat illegal, unreported and unregulated fishing such as the
vessel monitoring system (VMS) and automatic identification system (AIS) to
monitor and track the activities of small boats all around the Island;
iii.
Establishment of the Independent Commission against Corruption (ICAC);
iv.
Commendable level of transparency in the country;
v.
The obligation of elected officials to declare their assets to the public and the
possibility of the ICAC to investigate elected officials;
53
Article 22 – right to economic, social and cultural development
Youth
i.
Setting up of youth centres in nearly all regions to allow the youth to engage in
arts, sports, leadership programmes, life skill lessons, and get support on
entrepreneurship;
ii.
Training provided to the youth to make them more qualified for the labour market;
iii.
Training on helping others provided to the youth by first-aiders, fire-fighters, and
police;
iv.
Efforts to change the mind-set of the youth to consider overlooked jobs;
v.
Financial aid by the Ministry of Youth and Sports to support studies abroad;
vi.
Hosting of the 10th Indian Ocean Islands Games in July 2019 and Mauritius
winning the games;
Article 24 – right to satisfactory environment
i.
Measures taken to address climate change;
ii.
Adoption of the 2016 laws on responding to natural disasters;
iii.
Rehabilitation of the damaged coral reef;
iv.
Public awareness programmes for fishermen, schools and the general public on
the need to conserve the marine ecosystem;
v.
Conservation and management of marine turtles and their habitats;
vi.
Assessment of the ecological impacts of coastal development and tourism related
activities in the coastal zone and near-shore lagoon;
Article 25 – duty to promote human rights
i.
Inclusion of human rights education in the curriculum of teachers;
ii.
Integration of elements of human rights education in secondary schools’
curriculum;
iii.
Weekly sensitisation activities on human rights carried out by the NHRC in
districts, including sensitisation on the African Charter;
iv.
NHRC collaboration with community organisaitons and NGOs to raise awareness
about human rights;
Article 26 – independence of courts and establishment of national human rights
institutions
54
i.
Regulation by the Institute for Judicial and Legal Studies which oversees trainings
and proficiency, and ensures the maintenance of standards in the judiciary and
generally in the delivery of court services;
ii.
Establishment of the NHRC and increase in the budget of the NHRC;
Article 62 – submission of periodic state reports
i.
Regular submission by Mauritius of its Periodic State Report under Article 62
of the African Charter;
ii.
Establishment of the National Mechanism for Reporting and Follow-up to
ensure that periodic state reports are submitted timely after consultations with
all parties concerned;
AREAS OF CONCERN
234. The delegation however noted and remains concerned about certain challenges
which inhibit the full realisation and enjoyment of human rights, and in this regard
wishes to highlight the following:
General
i.
Failure to ratify the following regional and international human rights
instruments: Protocol to the African Charter on Human and Peoples’ Rights on the
Rights of Older Persons, Protocol to the African Charter on Human and Peoples’
Rights on the Rights of Persons with Disabilities in Africa, Protocol on
Amendments to the Protocol on the Statute of the African Court of Justice and
Human Rights, African Union Convention for the Protection and Assistance of
Internally Displaced Persons in Africa, OAU Convention Governing the Specific
Aspects of Refugee Problems in Africa, African Charter on Democracy, Elections
and Governance, International Convention on the Protection of the Rights of All
Migrant Workers and Members of their Families, and International Convention
for the Protection of all Persons from Enforced Disappearance;
ii.
Delay in establishment of the tribunal to consider complaints from descendants of
slavery;
iii.
Location of Mauritius as a hub between the different continents making it a
convenient transit point for drug traffickers;
Article 5 – prohibition of torture and other ill-treatment
i.
Instances of abuse of detainees;
ii.
Reports of poor conditions of detention on the island of Rodrigues;
55
Article 6 – right to personal liberty and security of the person
i.
Limited training of police on African Union human rights treaties and standards;
ii.
Delay in investigating drug-related offences resulting in prolonged pre-trial
detention;
iii.
Staff and equipment shortages in police laboratories, particularly to investigate
drug-related offences;
iv.
Reports of over –crowding in prisons;
v.
Many cases of public complaints at the IPCC against young police officers;
Article 9 – right to freedom of expression
i.
Amendment to Section 46 of ICTA which may represent a violation of the right to
freedom of expression.
Article 15 – right to work
i.
Reports of abuse of migrant workers;
Article 16 – right to the best attainable standards of health
ii.
Failure to meet the Abuja Declaration commitment of allocating 15% of the State’s
annual budget to the health sector;
iii.
High teenage pregnancy;
iv.
High prevalence of diabetes in the country;
HIV
v.
Higher HIV infection rate among drug injectors and men-who-have-sex-withmen;
vi.
Shortage of adequately trained staff in prisons to provide HIV treatment, care and
support;
vii.
Lack of proper follow-up and support for prisoners with HIV once they are
released, which at times results in their relapse;
Article 17 – right to education
i.
Low level of education of the creole as compared to the rest of the population
ii.
Gaps in the teaching of Kreol Morisien as an optional subject in all schools,
including on the island of Rodrigues
iii.
Gaps in quality education at the pre-primary school level
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iv.
Accessibility for students with disabilities has not been secured in all secondary
schools
Article 18 – protection of the family and vulnerable groups
Persons living in poverty
i.
Limited land to build houses for persons living below the poverty line
Women and girls
i.
Low level of representation of women in political positions and in parliament
ii.
Failure to enact a law which would make it mandatory to have one-third
representation of women in parliament;
iii.
Failure to amend Article 242 of the Penal Code of Mauritius which provides that
“[m]anslaughter committed by any person on his spouse, as well as on his
accomplice, at the very moment he finds them in the act of adultery is excusable”;
iv.
Lack of proper monitoring and evaluation to assess the work, successes and
shortcomings of the Ministry of Gender;
v.
Failure of Mauritius to submit its initial report on the Maputo Protocol within the
deadline in accordance with the Maputo Protocol Reporting Guidelines;
vi.
Majority of the population living under the poverty line are women;
vii.
Very few women are recruited as police officers;
viii.
The EOC membership does not include women;
Children
i.
The Civil Code of Mauritius allows marriage between minors with the consent of
their parents, or in their absence, a judge;
ii.
Intersex children are assigned the sex of either male or female at birth, and there
is no system for this determination to be made at a later stage;
Persons with disabilities
i.
Delays in the enactment of the draft Disability Bill;
Older persons
i.
Instances of ill-treatment of older persons in homes;
Article 19 – right of all people to equality
Chagos Islands of Mauritius
57
i.
Human rights challenges faced by the people of Chagos and the lack of a roadmap
to ensure implementation of the advisory opinion of the ICJ on the illegality of the
occupation of the Chagos Islands by the UK and the resolution of the UN
requesting the UK to return control of the Islands;
Article 21 – right to free disposal of wealth and natural resources
i.
Rise in cases of money laundering;
Article 22 – right to economic, social and cultural development
i.
Exclusion of economic, social and cultural rights from the mandate of the NHRC;
ii.
Kreol Morisien has not yet been accepted as a formal language despite its wide
usage;
Article 24 – right to satisfactory environment
i.
climate change poses serious risk to Mauritius and the measures taken to address
climate change may not be adequate;
ii.
lack of substantive law on protection of the environment;
Article 26 – independence of courts and establishment of national human rights
institutions
i.
Multiplicity of forums available to the public to bring complaints on human
rights issues resulting in frustration because people are uncertain about which
forum to approach;
RECOMMENDATIONS
235. The above areas of concern are an indication that Mauritius still faces some
challenges in promoting and protecting human rights in the country.
236.
In light of the above, the Commission makes the following recommendations:
General
i.
Ratify the international and regional human rights treaties which Mauritius has
not acceded to;
ii.
Take all necessary measures to address Mauritius being used as a transit point for
drug trafficking;
iii.
Raise awareness amongst the population regarding the dumping of drugs in the
ocean which can pollute water and aquatic life;
Article 1 – legislative and other measures to give effect to the African Charter
58
i.
Domesticate treaties to ensure effective protection of human rights for its
population;
ii.
Accelerate law reform and ensure that national laws comply with the African
Charter and other regional and international standards, particularly
discriminatory laws which curtail the rights of vulnerable groups such as women,
children, and persons with disabilities;
iii.
Ensure consultation of stakeholders and the general public in the development
and drafting of laws;
Article 5 – prohibition of torture and other ill-treatment
i.
Take all necessary measures to investigate allegations of torture and ill-treatment,
and ensure that perpetrators are held accountable and subjected to sanctions that
are commensurate to the gravity of the crime;
ii.
Ensure that the conditions of detention in Rodrigues meet regional and
international standards;
Article 6 – right to personal liberty and security of the person
i.
Enhance training of police officers on African Union human rights treaties and
standards;
ii.
Address delay in the investigation of drug-related offences, and implement the
recommendation of the NPM to admit first-offenders in rehabilitation centres
instead of holding them criminally liable;
iii.
Take measures to capacitate police laboratories with the required staff and
equipment;
iv.
Take measures to address over-crowding in prisons;
v.
Carry out sensitisation activities that target young police officers to address the
high number of complaints against them at the IPCC;
vi.
Ensure that the IPCC is adequately staffed;
Article 9 – right to freedom of expression
i.
Take measures to ensure that amendment to Section 46 of ICTA do not violate the
right to freedom of expression.
Article 15 – right to work
59
i.
Carry out more sensitisation work to raise awareness about the rights of migrant
workers and the duties of employers, particularly amongst migrant workers
themselves and employers;
Article 16 – right to health
ii.
Allocate 15% of the State’s annual budget to the health sector;
iii.
Strengthen awareness raising campaigns and girl empowerment programmes in
schools and communities to tackle teenage pregnancy;
iv.
Enhance access to safe and legal abortion;
v.
Strengthen measures to tackle the high prevalence of diabetes in the country;
HIV
vi.
Enhance efforts to curb the rate of HIV infection among drug injectors and menwho-have-sex-with-men;
vii.
Strengthen follow-up and support for prisoners with HIV once they are released
and ensure that they receive their treatments;
Article 17 – right to education
i.
Address the low level of education of the creole population;
ii.
Ensure that Kreol Morisien is an optional subject in all schools, including on the
island of Rodrigues;
iii.
Beyond providing subsidies to pre-primary private schools, take measures such as
capacitating pre-primary public schools to address gaps at the pre-primary level;
Students with special needs
iv.
Ensure that accessibility for students with disabilities is secured in all secondary
schools;
v.
Ensure that the development of a curriculum for students with special needs is not
delayed;
vi.
Ensure that the resource centres which provide services for physiotherapy, speech
therapy, occupational therapy and psychology are accessible to all students;
Article 18 – protection of the family and vulnerable
i.
Find alternative housing options for persons living below the poverty line in view
of the land challenges in Mauritius;
Women
60
i.
Take strong measures to ensure that women are well-represented in political
positions and in parliament, including by passing a law which would make it
mandatory to have one-third representation of women in parliament;
v.
Introduce reform in the electoral process to ensure that more women are elected
as public officials;
vi.
Address gender inequality in the private sector by implementing the
recommendation of the Parliamentary Gender Caucus to have one or more women
represented in the Board of Directors of companies;
x.
Expedite adoption of the draft Action Plan that the Ministry of Gender is working
on to ensure gender equality in the public sector;
vii.
Expedite revision of Article 242 of the Penal Code of Mauritius which provides
that “[m]anslaughter committed by any person on his spouse, as well as on his
accomplice, at the very moment he finds them in the act of adultery is excusable”
viii.
Put in place effective monitoring and evaluation mechanism to assess the work,
successes and shortcomings of the Ministry of Gender;
ix.
Enhance measures to empower women living below the poverty line;
x.
Ensure that the EOC membership includes women;
xi.
Take appropriate measures to ensure that more women are recruited into the
police force;
xii.
Submit its initial report on the Maputo Protocol in accordance with the Maputo
Protocol Reporting Guidelines
Children
i.
Expedite enactment of the draft Bill to protect the rights of children;
ii.
Review its laws to specify that the minimum age of marriage is 18 years;
iii.
Introduce a system which would not require intersex children to be identified as
either male or female on birth certificates, or which would allow intersex persons
to easily amend their gender on a birth certificate or other legal document;
Persons with disabilities
i.
Expedite enactment of the draft Disability Bill aimed at promoting and protecting
the rights of persons with disabilities;
Older persons
i.
Address, including by sanctioning, the ill-treatment of older persons in homes;
61
Article 19 – right of all people to equality
Chagos Islands of Mauritius
i.
Take the necessary measures to protect the human rights of the people of Chagos
and adopt a roadmap to ensure implementation of the advisory opinion of the ICJ
on the illegality of the occupation of the Chagos Islands by the UK and the
resolution of the UN requesting the UK to return control of the Islands;
Article 21 – right to free disposal of wealth and natural resources
i.
Take the necessary measures to tackle the rise in money laundering;
Article 22 – right to economic, social and cultural development
i.
Expand the mandate of the NHRC to include the promotion and protection of
economic, social and cultural rights;
ii.
Expedite the recognition of Kreol Morisien as a formal language;
Article 24 – right to satisfactory environment
i.
Adopt effective measures to tackle climate change;
ii.
Adopt substantive law on protection of the environment;
Article 26 – independence of courts and establishment of national human rights
institutions
i.
Adopt a coordinated approach to raise awareness amongst the general population
about the various forums available to bring complaints, clarifying their mandates
and the remedies the forums can provide;
ii.
Create synergy amongst the various national institutions with a human rights
mandate to avoid duplication of work;
62