HUMAN RIGHTS COMMITTEE BEGINS CONSIDERING REPORT OF MAURITIUS

19 March 1996

Press Release
HR/CT/453

HUMAN RIGHTS COMMITTEE BEGINS CONSIDERING REPORT OF MAURITIUS

19960319 Government Committed to Principles of Separation Of Powers, Independence of Judiciary, Attorney General Says

The Government of Mauritius was committed to the principles of separation of powers and the independence of the judiciary, and it intended to amend its Constitution to guarantee greater freedom and fairness in elections, that country's Attorney General and Minister of Justice told the Human Rights Committee this morning.

Addressing the Committee as it began its consideration of the third periodic report of Mauritius on its compliance with the International Covenant on Civil and Political Rights, Abdool Razack Mohamed Ameen Peeroo said Mauritius was committed to a policy of liberalization of broadcasting, to promote the pluralistic expression of views. An equal opportunities commission was also being created to eradicate discriminatory practices in employment.

B.D. Seetulsing, also of the Ministry of Justice, said general elections were held in his country in December 1995, with an 85 per cent voter turnout. Section 16 of the Constitution was amended to make unconstitutional any law involving discrimination on the grounds of sex. In addition, the death penalty had been abolished in Mauritius, even for offences such as treason and drug trafficking.

On the question of minorities, he said there was no indigenous population in Mauritius. "We are all minorities" and the same rights were extended to all, without any discrimination. For example, schools could be established for all religions, and all groups were given subsidies to promote their own religions.

Questions were raised by Committee experts from Egypt, Cyprus, France, Australia, Israel, Hungary, Germany, Japan, India, United States, United Kingdom and Chile. Following their statements, the delegation also spoke.

The Human Rights Committee will meet again at 3 p.m today to resume its consideration of the periodic report of Mauritius.

Committee Work Programme

The Human Rights Committee met this morning to begin consideration of the third periodic report of Mauritius (document CCPR/C/64/Add.12) on measures that country has taken to implement the provisions of the International Covenant on Civil and Political Rights.

Under article 40 of the Covenant, every State party has undertaken to submit reports to the Committee on the implementation of the Covenant. The report should take into account questions raised in the Committee on information supplied in the previous report, as well as the Committee's general comments. The report should also inform on changes made or proposed in laws and practices relevant to the Covenant, and progress made since the Committee last considered the State party's implementation of the Covenant.

According to the report, Mauritius has established a sound reputation for its democratic tradition -- except for the period from 1969 to 1971, during which a state of emergency was imposed, resulting in postponement of general election and the abolition of local elections. However, a 1982 amendment to the Constitution provides that no bill to alter the life of Parliament should be passed unless approved by three fourths of the electorate and supported by all members of the National Assembly. Also, local elections have been re-established.

Noting that Mauritius is bilingual, the report says that extracts from the English and French texts of the Covenant are given wide publicity in the press. Students are being made aware of human rights through a newly introduced course on "human values". Citizens alleging violation of rights or freedom under the Covenant have free access to the Supreme Court.

Addressing Mauritius' compliance with article 3 of the Covenant, which concerns the equal right of men and women to the enjoyment of all civil and political rights, the report states that in the early 1980s the Civil Code was amended to remove any discrimination against married women. The only discrimination that still exists on that right is in laws regulating citizenship. However, official announcements have been made about amendments to them that will remove any discrimination against women.

The report notes that, under a section of the Criminal Code, it is a sufficient defence for a man who commits manslaughter on his spouse, as well as on the accomplice, at the very moment he finds them in the act of adultery. That may constitute one of the last vestiges of sexual discrimination in Mauritius, as it would appear that such a crime on the part of the female spouse would not be excusable, it adds.

The death penalty has not been abolished in Mauritius, the report states. However, the Prime Minister made an official statement in February

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1995 to the effect that the application of the death penalty would be, henceforth, suspended. There has been no execution since 1987. The Supreme Court, on at least two occasions, has reiterated the view that the mandatory death penalty for the offence of drug trafficking does not offend the Constitution, and that it is for Parliament to debate the pros and cons of a death sentence.

The report adds that 10 persons, all foreign couriers, have been sentenced to death for drug trafficking during the period from 1988 to 1993. Two of them are women. Out of the 10 death sentences, two have been commuted to a term of imprisonment -- and ended in both being released in 1993 -- and four cases are pending appeal. No person has been sentenced to death for murder since 1987. One person was convicted of murder in 1986 and is still on death row. His case is now being considered by the Commission on the Prerogative of Mercy.

Among several provisions relating to article 10, which states that persons deprived of their liberty should be treated with respect for the dignity of the human person, the report states that, by a 1989 regulation, young persons between the ages of seventeen and twenty-one are to be kept separately from adult detainees.

Freedom of expression is protected under the Constitution, says the report. At present, the only radio and television station in the country is controlled by the State. However, in view of the Government's latest expressed policy regarding the liberalization of the air waves, it is anticipated that independent radio and television stations will soon be allowed to broadcast nationally. The authorities have already given the green light to the introduction of satellite dishes (parabolic antenna) in the country through a licensing system.

According to the report, there was some reluctance at first on allowing satellite dishes to be freely imported. The opponents to satellite dishes invoke the alienation process when children watch video clips the whole day or adults become addicted to American serials. Some claim that with the globalization of the waves, the Indian subcontinent and South-East Asia will lose their cultural identity. Those who can afford it are receiving Cable News Network (CNN), some French and Russian programmes. The costs of receiving them may go down fairly soon, it adds.

On other matters related to freedom of expression, the report refers to the offence of "publishing false news". It deals with the diffusion or publication of news which is false, and aimed at disturbing public order or peace.

Also, following representations from cultural and religious organizations, the book The Rape of Sita was withdrawn from local bookstalls

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in 1994. The title of the book and the names of the protagonists in the book bore a close resemblance to the names of major figures in a Hindu scripture, the Ramayana. There have been strong protests from the writer and some sections of the population. It is also noted that the circulation of Salman Rushdie's The Satanic Verses is prohibited in Mauritius so as not to offend Muslims.

Enacted in 1994, a Child Protection Act defines a child as "any unmarried person under 18", the report continues. The following are considered offences under the Act: ill-treating or otherwise exposing a child to harm; neglecting or abandoning a child; child sexual abuse and causing, inciting or allowing a child to engage in prostitution; child trafficking; and child begging. The 1990 amendment to the Criminal Code raised the age of consent from twelve to sixteen; it is now an offence to have sexual intercourse with a female who is under sixteen, even with her consent.

A National Children's Council was established in 1990 under the Ministry for Women's Rights with the aim of promoting the welfare of children generally, the report states. The Committee administering the Council has the power to summon anybody to give evidence relating to children who appear to be in need of assistance on account of any mental or physical danger to which they appear to be exposed. There is a hot line available for reporting child abuse. In 1992, 922 cases of child abuse and neglect were reported; about 30 per cent of the cases were found to be genuine.

The report concludes with a reference to article 27 of the Covenant, which reads as follows: "In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language."

It states that article 27 is of particular importance to Mauritius. Communities of Asian, European and African origin live peacefully there as the rights enshrined in the Constitution and restated in the Covenant are respected. Mauritius is a secular State, and people are encouraged to practise their ancestral cultures.

Introduction of Report

ABDOOL RAZACK MOHAMED AMEEN PEEROO, Attorney-General and Minister of Justice and Industrial Relations of Mauritius, began by apologizing for the delay in presenting the third periodic of Mauritius, which was due in 1988. Since his appointment this year as Attorney-General, he had instituted a Human Rights Unit which would service the presentation of reports for all human rights covenants and conventions to which the country was a party. Since last

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year, Mauritius was up to date with the presentation of most reports. It would submit its fourth periodic report to the Committee by December 1997.

Mauritius was very concerned about violations of human rights in Myanmar, he said. Recently, a trade delegation had been instructed not to proceed to Myanmar to purchase rice even though that commercial deal could have been advantageous to Mauritius' economic interests. As a member of the Commonwealth, Mauritius was doing its best for the promotion and respect of human rights, democracy and good governance as enshrined in the Commonwealth Harare Declaration of 1991. It supported the principles and objectives of the Non-Aligned Movement and of the Organization of African Unity (OAU) towards the promotion of democratic rights.

At the regional level, he said Mauritius was participating in efforts of the Asian-African Legal Consultative Committee to promote the setting up of an international criminal court. It was also contemplating the possibility of hosting a future session of the African Commission on People's and Human Rights in October where it would present an initial report.

Mauritius was committed to the principles of separation of powers and the independence of the judiciary, he said. A presidential commission would be appointed to review its judicial system as a whole to reduce delays and costs in the administration of justice and to make it possible for the common citizen to have ready and easy access to justice. The legal aid system would be modernized and simplified so that all people, particularly those from the lower income brackets, might get quick legal redress whenever they needed it.

In line with article 1 of the Covenant, the new Government had the intention of amending the Constitution and other legislation to guarantee greater freedom and fairness in elections, he said. The Government would implement measures to improve voting transparency while maintaining the secrecy of the ballot. International observers were most welcome to monitor future elections.

He stressed his country's commitment to a policy of liberalization of broadcasting which would strengthen the democratic framework and allow pluralistic expression of views. An independent broadcasting authority would be created: among other measures, it would make adequate provisions to prevent any unhealthy concentration of control or ownership of the media.

He also said the Government would introduce legislation to render the conditions of work more humane and encourage dialogue for the promotion of healthy industrial environment. The existing Industrial Relations Act needed to be reviewed, and the Trade Unions and Labour Relations Bill had been severely criticized by trade unions. The Government planned to review the whole situation with all social partners to reach consensus on the issue.

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Further, the Government had proposed to pass legislation to implement a policy, subject to appropriate emphasis, of equal opportunities in employment and education, he said, adding that it would create an equal opportunities commission to eradicate discriminatory practices in employment. To prevent abuses against the citizens by certain unscrupulous police officers, a police complaints board operating independently of the police force would be created. Mauritius had decided to give wide publicity to the rights guaranteed under the Covenant, he concluded.

D.B. SEETULSING, of the Ministry of Justice of Mauritius, said general elections were held in his country in December 1995, with an 85 per cent turn- out among those entitled to vote. Mauritius' report stated that the country was bilingual; that was not entirely correct. Although several languages were used in Mauritius, the Constitution did not specify a national language. In courts, the parties could participate in any language. However, the Privy Council sat in London, and proceedings going to that body must be translated into English.

He said a new income tax act was enacted last year, which would come into force this year. It gave equal rights to men and women in the preparation of their tax returns. Men and women would be allowed to make separate returns and to claim deductions. Section 16 of the Constitution was amended to make unconstitutional any law involving discrimination on the grounds of sex. That applied also to citizenship laws.

The death penalty had been abolished in Mauritius, even for offences such as treason and drug trafficking, he continued. The case of a pregnant Kenyan woman who imported drugs into Mauritius was cited in the report. The baby was born in prison and had to stay with her there. Her sister had expressed a wish to adopt the child, and procedures had been put in motion. The authorities supported that action.

The Dangerous Drugs Act, which had not yet come into force, required that drug couriers should submit to a medical examination to determine whether they had drugs concealed in different parts of their bodies, he said. The new Government would take a position regarding the Trade Union and Labour Relations Bill, which had been severely criticized.

Turning to questions previously submitted by the Committee concerning legal framework, discrimination and minority rights, Mr. Seetulsing said additional information had been requested regarding the case of Union of Campement Site Owners and Ors vs. Government of Mauritius. That case was more a question of taxes than of discrimination. A "campement" was a bungalow on the beach. In such a small country, to have land on the beach was an exclusive privilege. The land in question was State land, a large part of which was leased out to certain individuals "at ridiculously low prices".

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That was because the leases, drawn up years back, provided for renewal at the option of the lessee. Renewal was,therefore, generally, automatic.

In the case in question, guidance had been sought from the Committee, he said. The Court had then resorted to the provisions regarding equality and non-discrimination in the Constitution. The tax law in question was found not to be discriminatory. A "campement" was very often a second residence.

Addressing the question of procedures used to implement the Committee's views, he cited a case in which the immigration law of Mauritius was amended in line with such an expression of views.

On concrete steps taken to disseminate information on the Covenant in the languages of Mauritius, he said there was freedom of the press in Mauritius. The very few cases of police brutality received a lot of publicity; the police were taken to task,and some officers were being prosecuted. Information on human rights was disseminated on radio, television and through the organization of forums.

He said that Rosalyn Higgins, former Committee expert from the United Kingdom and now member of the International Court of Justice, had delivered lectures in Mauritius on human rights issues. The President of South Africa's Constitutional Court had also come to speak on human rights issues. On whether the public had been informed of the Human Rights Committee's consideration of Mauritius' report, he said it had. On his return to Mauritius, the Minister would address the press on the Committee's current deliberations.

Regarding the request for current data on women in Mauritius, he drew attention to statistical data which had been distributed. There were now two women serving as Cabinet Ministers. Of 66 members of the National Assembly, six were women -- up from two in 1991. Women also participated at the level of local government. There were currently five mayors in Mauritius, one of whom was a woman.

There were more women serving as teachers and nurses than in other capacities, he said. However, there were also women entrepreneurs. Girls often performed much better than boys at school, tending to devote more time and effort to their studies. Out of nine judges, two were women. Some 50 per cent of magistrates were now women. Many Mauritian women were well-known writers, poets and painters; that was a long-standing tradition. Women were also very active at community centres in rural areas.

Amendments to the Citizenship Laws came into effect in October 1995, he said. The Government intended to reactivate the National Children's Council. A reporting system had been set up whereby children who were victims of violence might phone complaints to an established number. A Child Protection

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Act was passed in 1994, which allowed for mistreated children to be removed from their families. However, financing was needed to provide places for those children.

He said there was no indigenous population in Mauritius. "We are all minorities." The entire population had emigrated to Mauritius, and the rights of all were protected. The two "smaller" minorities -- the descendants of the French and of the Chinese -- were the wealthiest segments of the population.

The Constitution and laws extended the same rights to all, without any discrimination, he said. For example, schools could be established for all religions, and all groups were given subsidies to promote their own religions. Very often, that money was used to pay the priests.

Questions by Committee Members

OMRAN EL-SHAFEI, expert from Egypt, welcomed the delegation. He noted that the Committee was fortunate to have among its members Rajsoomer Lallah, who was an expert from Mauritius. The report, although short, was useful. It showed areas where new developments had taken place and areas where the rights of the Covenant had been observed. The harmony among different races and cultures in Mauritius demonstrated that human rights were being respected in that country.

Referring to a period during which the state of emergency had been imposed, he asked about derogations of rights as provided in article 4 of the Covenant. He sought more information on the need to resort to the Supreme Court to decide on the election of a member of the House of Representatives. He also sought further information on a case where personal law had been involved.

ANDREAS V. MAVROMMATIS, expert from Cyprus, said the report, including the amendment to it, and the presentation had covered everything required for the Committee's consideration. There had been amendments to the Constitution, including gender issues. He asked why other cases of discrimination, such as on the basis of language and religion, had not been included in those amendments, adding that those issues should be taken into account if the Constitution was reviewed again. A paragraph in the report gave the impression that Mauritius had other languages other than English and French; more information should be provided on the matter.

Concerning article 27 of the Covenant, on the rights of minorities, he said that should not lead to reverse discrimination. The provisions for non- discrimination should be borne in mind and not lead to the creation of personal laws.

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CHRISTINE CHANET, expert from France, said the lateness of the report was offset by its quality; the report did not limit itself to quoting legislation, but gave complete judiciary information. The abolition of the death penalty was a praiseworthy accomplishment. Would Mauritius now be adhering to the second Optional Protocol? she asked.

She asked for additional information on the role of the press and on efforts to better disseminate information on the Covenant in Mauritius. Why, when article 16 of the Constitution was modified to include the word "sex", were exclusions noted in such areas as adoption, marriage and "personal law". It was a matter of concern that children could be kept in a prison environment with their mothers at a very young age.

ELIZABETH EVATT, expert from Australia, said Mauritius respected the rule of law and the rights of citizens. She commended the abolition of the death penalty and asked whether Mauritius would ratify the second Optional Protocol. The modifications to article 16 of the Constitution were also welcome. However, the lateness of the report was a matter of concern.

On sex discrimination, she had questions regarding section 16 of the Constitution. Its wording could be seen to preclude affirmative action. Had there been any interpretations of that part of section 16? A wide exemption was provided regarding such areas as "personal laws", divorce and devolution of property.

She asked for more information about those "personal laws" and their status in Mauritius, as well as the status of polygamous marriage in Mauritian law. Mauritius had held reservations regarding equality between women and men in marriage. Would those reservations be removed? To remove discrimination, genuine anti-discrimination laws should be considered.

Did the law already guarantee equal pay in both public and private employment? she asked. Aliens did not benefit from section 16 of the Constitution. What was the underlying extent of discrimination against aliens with respect to the enjoyment of Covenant rights? How was the election to reserved seats applied in practice.

DAVID KRETZMER, expert from Israel, asked about the amendment to the Constitution prohibiting discrimination against women. At the conclusion of consideration of the second periodic report of Mauritius, the delegation had stated that problems continued to exist owing to traditional practices. What was the relationship between the "personal law" of various communities and the civil law, with respect to the relations between men and women?

TAMAS BAN, expert from Hungary, noted the lateness of the report's submission and sought further explanation for the delay. However, additional information provided had been helpful, including information on the fact that

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the death penalty had been abolished. The report stated that, under a section of the Criminal Code, it was a sufficient defence for a man who committed manslaughter on his spouse, as well as on the accomplice, at the very moment he found them in the act of adultery. Had the amendment on gender discrimination legislation set aside such provision? he asked. He also noted references in the report to the word "castes", and sought information on the meaning in the report of that word.

He had problems on how to assess the real status of the Covenant in Mauritius' legal system as there were several contradictory statements in the report in that regard. He also sought information on a case referred to in the report, on which the Supreme Court had observed that it was not its role to pronounce on the consistency of the Constitution and the Covenant. He asked why the authorities did not consider the implementation of the Covenant into the legal order of the country. Was there any intention to reconsider the status of the Covenant within domestic law? he asked.

He recalled that the Attorney-General, in introducing the report this morning, had said there was dissatisfaction with election laws, and asked the delegation to explain the main problems with the present electoral legislation.

ECKART KLEIN, expert from Germany, said his questions referred to issues related to equality of sexes and non-discrimination. Amendments to the Constitution had made considerable progress in that respect, and that was commendable. The report referred to a case stating that differentiation had been made not because a Mauritian woman enjoyed fewer rights under the law, but because her husband was a foreign national. He said that could be a case of discrimination against an alien woman. Apparently, there was a problem of discrimination against foreign husbands or foreign wives. He sought further information on the matter in view of the gender amendment to the Constitution. Also, he expressed concern over the consistency of that decision with the Covenant.

NISUKE ANDO, expert from Japan, said reference in the report to the Committee deciding on a discrepancy issue was not correct, as the Committee's comments were not legally binding; it was for the domestic law to decide. Thus, some consideration should be given to the place of the Covenant in Mauritius domestic law. Turning to sex discrimination, he sought information on concrete measures being adopted on issues concerning the family, such as inheritance and spouses rights. He sought further information on the legal concept of minority.

PRAFULLACHANDRA NATWARLAL BHAGWATI, expert from India, said Mauritius had much in common with his own country. It was heartening to see how it was addressing its problems, maintaining goodwill between its various communities.

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Having been a superior court judge, he was proud of the contribution by the judiciary in Mauritius to human rights jurisprudence there.

Did the protection against discrimination apply equally to public sector corporations? he asked. Currently, foreign husbands and wives of Mauritian citizens require a work permit. Would it not be preferable to lift the requirement with respect to both spouses? Non-citizens were excluded from the anti-discrimination provisions of the Constitution. Did that not run counter to the Covenant?

What was the current position regarding extradition? he asked. If extradition to another country would deprive a person of benefits that would be enjoyed under Mauritian law, would the extradition be approved? He congratulated the Government on abolishing the death penalty, instead of leaving the matter to the judiciary, as had been done in South Africa.

Provision was made for detention of a person for 36 hours, he said. Was that a violation of article 9 of the Covenant, which requires that anyone arrested on a criminal charge must be brought promptly before a judge? Did Mauritius have an act prohibiting discrimination in remuneration and employment? Apparently, Mauritius had not ratified the relevant conventions of the International Labour Organisation (ILO).

Did section 16 of the Constitution exclude the possibility of affirmative action? he asked. Before submitting the report to the Committee, had any steps been taken to disseminate it among the public or human rights activists? Was there any direct access by a citizen to the Supreme Court if his fundamental rights were breached, or must he first go through the entire gamut of the courts?

THOMAS BUERGENTHAL, expert from the United States, said there was no specific reference to article 25 of the Covenant in Mauritius' report which concerns the right to participate in public affairs and elections. It had been stated that there were people on various islands who had no vote or representation in Parliament. Could the delegation address that question?

Lord JOHN MARK ALEXANDER COLVILLE, expert from the United Kingdom, said that, if a contravention of the Covenant was pointed out, it was necessary to bring domestic law into conformity with it. The report stated that the Covenant had "a persuasive force" in Mauritian law. Could an illustration of that be provided?

It appeared that, in Mauritius, a child was considered to be anyone under the age of eighteen years, he said. Children could be adversely affected by violence against them or from conflict between their parents or a parent's partner. How was the voice of the child made known in legal proceedings in such situations?

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CECILIA MEDINA QUIROGA, expert from Chile, joined concerns expressed regarding discrimination and sought further information on the matter. Referring to a division between children categorized under legitimate and adultery children, she asked whether such categorization was applied in determining their rights.

Response by Mauritius

Mr. SEETULSING, of the Ministry of Justice of Mauritius, said that regarding states of emergency, there could be no derogation of the articles of the Covenant under such state. Decisions on the validity of elections, qualifications of candidates, and also whether the counting had been done properly were left to the Court. That had worked well up to now.

Regarding Muslim personal law, he said information on the case he had mentioned had been annexed to the third periodic report; interested experts could consult it. On questions concerning the gender amendment to the Constitution, and whether it still allowed a personal law to be introduced without making it unconstitutional, he said the Mauritian personal law was based on the French civil system. There was a mix of the French and British origins in Mauritius' system of laws. Measures introduced in the Civil Code in 1981 had been introduced in France in the 1960s.

The Constitution provided protection to freedom of conscience, he said. There was no discrimination based on language or religion. As for why Creole and other vernacular languages understood by most of the population had not been introduced in schools, he said they were not recognized as languages that could be used in schools for examinations, although there was no prohibition for teachers to use Creole or other languages.

Regarding citizenship and investment, he said that was not a question of discrimination, but of economic realities. It was a tradition in developing countries to attract those who could invest. Mauritius had a policy of attracting investors, as it happened in several other countries, developed and developing ones.

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