Political
8. In November 2017, the Ministry of Justice, Human Rights and Institutional Reforms was created and the portfolio of Human Rights was transferred from Prime Minister’s Office to the newly created Ministry. Additionally, a Human Rights Secretariat and the National Mechanism for Reporting and Follow-Up (NMRF) have been set up since December 2017 under the aegis of the new Ministry (Recommendations 25, 42). This new framework aims to ensure that Human Rights obligations are fully met, periodic reports and mid-term Review /Progress Reports are submitted in a timely manner after thorough consultations with all parties concerned. Furthermore, it ensures a better coordination among Ministries in respect of the implementation of recommendations and decisions and enables a thorough monitoring of Human Rights issues.
9. The Independent Police Complaints Commission Act was proclaimed in April 2018 and the IPCC is already operational. The IPCC investigates into complaints, other than acts of corruption or money laundering offences, made against police officers in the discharge of their functions.
International conventions and protocols
10. Mauritius is taking the necessary steps to ratify or accede to the major human rights instruments. The newly set up NMRF is responsible for coordinating this task.
(Recommendation 1).
11. Ratification of the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families (ICRMW) (Recommendations 2, 3, 4, 5, 6, 7 and 115): it will not be possible to allow migrant workers with their families, in view of Mauritius being geographically small and having limited resources.
12. The second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), aiming at the abolition of the death penalty (Recommendation 8). Following the enactment of the Abolition of Death Penalty Act 1995, all death sentences imposed have been commuted to sentences of penal servitude for life (Recommendations 116 to 119 and 121). The Supreme Court may now inflict sentences of penal servitude for life or sentences for terms not exceeding 60 years where the law so provides.
13. The ratification of The International Convention for the Protection of All Persons from Enforced Disappearances (CPED) is not being envisaged for the time being (Recommendations 9, 10, 11). Mauritius has no case of enforced disappearance (Recommendation 122).
14. The ratification of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR) is under consideration (Recommendation 132).
There are a number of existing domestic remedies already available to Mauritian citizens.
Mauritius being a welfare state, already provides free education, free access to health services and social aid to vulnerable groups and universal pension benefits to the elderly and free public transport for elderly and students. (Recommendation 120).
15. The third Optional Protocol to the Convention on the Rights of the Child (CRC):
The Third Optional Protocol on a Communications Procedure to the CRC was signed on 13
August 2012 (Recommendations 12 and 13). Ratification of same shall be envisaged once the Children’s Bill and Adoption Bill are passed by the National Assembly. Both Bills have reached an advanced stage of preparation.
16. Mauritius has not yet ratified the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention of 1951): Mauritius is already a party to the Rome Statute and same has been domesticated in the International Criminal Court Act which criminalises genocide and other atrocities of war crimes. (Recommendations 14, 15 and 127).
17. Mauritius is considering the signature and ratification of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Older Persons in Africa adopted by the African Union in 2016. The NMRF is currently coordinating between stakeholders.
18. Mauritius has ratified the Protocol to the African Charter on Human and Peoples’
Rights on the Rights of Women in Africa in June 2017, albeit with reservations.
19. Mauritius has not yet ratified the Agreement on the Privileges and Immunities of the International Criminal Court (ICC). However, draft regulations have been prepared for discussions and comments. (Recommendation 129).
20. Mauritius has not signed the 1951 Convention Relating to the Status of Refugees and its Protocol (Recommendations 15 and 123). Government has consistently not adopted a policy to grant status of refugees to foreigners. Assistance is extended to those who apply for asylum through the United Nations High Commissioner for Refugees by facilitating their settlement in a country willing to receive them.
21. Mauritius has not yet ratified the Kampala Convention (Recommendation 130).
Mauritius does not have problems associated with internally displaced people in view of its size and topography.
22. Mauritius has ratified the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data known as “Convention 108”. Mauritius is the first African country to ratify this Convention.
Legislative
23. New pieces of legislation have been enacted since the last review of Mauritius to better guarantee the protection of human rights (Recommendations 28, 29).
24. The Human Tissue (Removal, Preservation and Transplant) Bill has been passed in 2018. A better legal framework for the removal, preservation and transplant of human tissue, other than blood, under appropriate medical supervision is now available.
25. The Reform Institutions (Amendment) Bill was passed in April 2018. The object of the Bill is to:
(a) Do away with the system of automatic remission whereby convicted persons were eligible to be discharged after having served two thirds of the period of sentence and to replace it with a new system of earned remission with a view to encouraging convicted persons to earn maximum remission not exceeding one third of the period of sentence where, during their term of imprisonment, they are of good conduct by not committing any prison default;
(b) Toughen the law against officers of the Mauritius Prisons Service, detainees and persons working in reform institutions who are convicted under the Act; and
(c) Provide that where, during his term of imprisonment, a detainee commits an offence under the Act, that detainee shall, on conviction for that offence, be ordered to serve immediately after the expiry of the sentence for which he was detained, any sentence imposed upon him by the Court.
26. The new system of earned remission is not applicable to those convicted for drug dealing/ trafficking, sexual offenses on minors or handicapped persons.
27. A new Data Protection Act was enacted last year and came into force in January 2018. It provides for the protection of the privacy rights of individuals in view of the developments in the techniques used to capture, transmit, manipulate, record or store data relating to individuals. This new Act aligns the law in Mauritius with the EU General Data Protection Regulation (GDPR). Mauritius is the first country to align itself with the EU GDPR.
28. The Equal Opportunities Act was amended in 2017 to provide for the prohibition of discrimination in employment on the grounds of a person’s criminal record, both at recruitment and promotion level, where a person’s criminal record is not relevant to the nature of the employment for which that person is being considered (Recommendation 55). The law was also amended to put the burden of proof, that a discrimination on ground of criminal records is relevant, on the employer.
29. The Extradition Act dating back to 1970 was repealed and replaced by a new legislation. The Extradition Act was passed in the National Assembly in 2017 to make better provisions for the extradition of persons from and to Mauritius. It simplifies extradition procedures and makes no distinction between Commonwealth and non-Commonwealth countries and promotes cooperation without for that matter neglecting to make adequate allowance for the rights of persons whose extradition or arrest is sought.
The Act has already been proclaimed and is in force. In fact, the first case of extradition under the new law has been processed in 2018.
30. The Social Integration And Empowerment Act was passed in 2016 to promote social integration and empowerment of persons living in absolute poverty within the philosophy of enhancing social justice and national unity (Recommendation 45).
31. The Prevention of Terrorism Act was amended in 2016 to provide for the reinforcement of the legal framework against terrorism, and for related matters.
32. The Constitution was amended in November 2016 to provide for the imposition of restrictions on:
(a) The movement within Mauritius;
(b) The right of any person to leave Mauritius.
pursuant to an order of a Court or a Judge of the Supreme Court under the Prevention of Terrorism Act, being a law relating to offences or acts of terrorism.
33. The Protection of Elderly Persons Act was amended in 2016 to enhance the level of protection of, and security to the elderly (Recommendation 46).
34. The Protection from Domestic Violence Act was amended in May 2016 to provide for better protection to victims of domestic violence.
35. The Firearms Act was amended in 2016 to implement the provisions of the Arms Trade Treaty to which Mauritius is a signatory. It enables police officers to exert a better control on the movement of firearms in the country and those in transit.
36. The National Women’s Council Act was amended in 2016 to further promote women’s empowerment and gender equality, especially through the active participation of women in the social, economic and political fields.
37. The National Wage Council Act was passed by the National Assembly in 2016. It provided for the establishment of the National Wage Consultative Council, which, in the discharge of its functions shall be mainly responsible to make recommendations to Government regarding:
(a) The introduction of a national minimum wage in the private and public sectors; and
(b) The payment of additional remuneration to offset any increase in the cost of living every year with a view to improving the living conditions of workers.
38. The National Minimum Wage is now a reality in Mauritius.
39. The Anti-Personnel Mines and Cluster Munitions (Prohibition) Act was passed Rodrigues Regional Assembly (Amendment) Act 2016. Concurrently, an amendment was brought to the Constitution to make provision for a minimum number of candidates for election to the Rodrigues Regional Assembly to be of a particular sex, with a view to ensuring adequate representation of each sex in the Rodrigues Regional Assembly.
41. The Information and Communications Technologies Act was amended in 2016 to provide, inter alia, that the National Assembly shall, for the broadcast of its proceedings be exempt from being licensed with the Independent Broadcasting Authority.
42. The National Assembly (Privileges, Immunities and Powers) Act was also amended in 2016 to provide that no civil or criminal proceedings be instituted against any person for broadcasting the proceedings of the National Assembly.
43. The Police (Membership of Trade Union) Act was passed by the National Assembly in 2016 to allow members of the Police Force to unionise.
44. The Employment Rights Act was amended in 2015 to increase maternity leave from 12 weeks to 14 weeks. It also provides that every employer shall ensure that the remuneration of any worker shall not be less favourable than that of another worker performing work of equal value. Government has also announced in Budget Speech 2018-2019 that paid maternity leave will be extended to employees who are not ‘confirmed’ in their employment.
45. The Local Government Act was amended in 2015 to provide for a larger representation of women in the political arena. The Municipal City Council and Municipal Town Council Elections Regulations 2012 were amended in 2015 to provide for compliance with Section 11 (6) of the Local Government Act, which provides that any group presenting more than 2 candidates in an election shall ensure that the candidates are not all of the same sex.
46. The National Employment Act 2017 provides for a National Employment Department to promote employment, placement and training of job seekers including young persons and persons with disabilities through approved programmes.
47. The Judicial and Legal Provisions Act was passed in 2018 with a view to improving the administration of justice in Mauritius (additional details are at paragraph 66).
48. The National Assembly has also passed the 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. The Act gives effect to the Convention commonly known as the Convention on Certain Conventional Weapons (CCW) and to its protocols. It provides for the protection of civilians and civilian populations and for post-armed conflict measures.