1. The Committee considered
the third periodic report of Mauritius (CCPR/C/64/Add.12 and HRI/CORE/1/Add.60)
at its 1476th to 1478th meetings, on 19 and 20 March 1996 (see CCPR/C/SR.1476,
1477 and 1478). At its 1497th meeting, on 2 April 1996, the Human Rights
Committee adopted the following comments:
2. The Committee welcomes
the third periodic report presented by Mauritius and expresses its appreciation
to the State party for the additional information submitted orally and
in writing during the consideration of the report by a high-level delegation.
The Committee regrets, however, that the report was long overdue. The
valuable supplementary information provided by the delegation, both oral
and written, provided a sound basis for a frank and fruitful dialogue
between the Committee and the State party.
B. Factors and difficulties affecting the implementation of the Covenant
3. The Committee finds no
significant factors or difficulties which would prevent the effective
implementation of the Covenant in Mauritius.
C. Positive aspects
4. The Committee notes that
the harmonious coexistence of the multi-ethnic population of Mauritius
and its atmosphere of tolerance strengthen the ability of Mauritius to
live up to its obligations under the Covenant.
5. The Committee expresses
its appreciation for the adoption of the Abolition of Death Penalty Act
1995 which came into force in December 1995 and provides for the imposition
of a sentence of imprisonment for life in place of the death penalty.
6. The Committee welcomes
the amendment to section 16 of the Constitution by the enactment of the
Constitution of Mauritius (Amendment) Act 1995 which adds sex to the grounds
on which discrimination by laws or by public authorities is prohibited.
The amendment to the Mauritius Citizenship Act 1968, removing discrimination
on grounds of sex, the proposed Bill on Domestic Violence and the full
recognition of the equal rights of children born in and out of wedlock
are also welcome.
7. The Committee welcomes
that the large-scale legislative reform which is being contemplated with
a view, inter alia, to shortening the length of court proceedings
and to reconsidering the system of legal aid.
8. The Committee notes with
appreciation the promulgation of the Child Protection Act in 1994.
9. The Committee welcomes
the establishment of a Human Rights Unit by the Attorney-General with
a view, inter alia, to undertaking the preparation of the reports
of Mauritius to the various United Nations human rights treaty bodies.
10. The Committee welcomes
the initiatives of Mauritius to establish an Indian Ocean Human Rights
11. The announcement concerning
the proposed establishment of an Independent Police Complaints Board is
12. The Committee also welcomes
the intention of the Government to set up an Independent Broadcasting
D. Principal subjects of concern
13. The Committee is concerned
that the non-incorporation of all the rights guaranteed in the Covenant
into domestic law and the existence of non-permissible limitations affect
the full implementation of the Covenant in Mauritius and that, accordingly,
the legal system of Mauritius does not ensure effective remedies in all
cases of violations of rights guaranteed in the Covenant.
14. The Committee is concerned
that excepting personal laws and foreigners from the prohibition of discrimination
- as set forth in section 16 of the Constitution - results in a violation
of article 26 of the Covenant.
15. The Committee notes with
concern that the problem of domestic violence has not yet been the object
of appropriate measures.
16. The Committee expresses
its concern over the provisions in the thus far non-implemented Dangerous
Drugs Act 1995 under which an arrested person may be held incommunicado
at the discretion of a police officer.
17. The Committee notes with
concern that the powers of detention provided for in sections 5 (1) (k)
and 5 (4) of the Constitution are incompatible with article 9 (3) and
(4) of the Covenant.
18. The Committee is concerned
that the legislation of Mauritius has not yet been brought into line with
article 11 of the Covenant.
19. The Committee is concerned
at the extent of de facto limitation on the freedom of expression, as
exemplified by the banning of two recent literary works without legal
measures having been taken to that effect, and at penal offences relating
to libel and the dissemination of false news. Extra-legal restrictions
on freedom of expression are not compatible with the Covenant.
20. The Committee takes note
with concern of the requirement that prior notification be made seven
days before any public meeting is held in order to obtain permission from
the Commissioner of Police.
21. The Committee is concerned
by difficulties faced by those working in the Export Processing Zone in
the enjoyment of their rights under article 22 of the Covenant.
E. Suggestions and recommendations
22. The Committee emphasizes
the need for a legal machinery enabling individuals to enforce all the
rights enshrined in the Covenant before domestic courts.
23. The Committee recommends
that all grounds on which discrimination is prohibited, as identified
in articles 2 and 26 of the Covenant, be incorporated in the relevant
non-discrimination provisions of the Constitution and that the provisions
be extended to cover aliens. It further recommends that section 16 (2)
and 16 (4) (c) of the Constitution be amended to render them compatible
with articles 2 (1), 3 and 26 of the Covenant and that steps be taken
to introduce comprehensive anti-discrimination laws to cover all spheres,
public or private, protected by the Covenant. It is also recommended that
the proposed Equal Opportunity Commission consider whether affirmative
action measures, including educational measures, are necessary to overcome
remaining obstacles to equality, such as outdated attitudes concerning
the role and status of women.
24. Following the abolition
of the death penalty, it is recommended that Mauritius consider ratification
of the Second Optional Protocol to the Covenant.
25. The Committee expresses
the hope that the envisaged Independent Police Complaint Board is established
as soon as possible, and that provisions are included in the law to ensure
that the Board will enjoy the powers and receive the resources to enable
it to investigate allegations of abuse by members of the police.
26. The Committee stresses
the need to establish a mechanism to provide legal aid for appeals to
the Privy Council.
27. The Committee recommends
the reconsideration of the legislation on the publication of false news.
If the State party considers it necessary to allow for some restrictions
on publications and showing of films, legislation should be introduced
establishing criteria consistent with article 19 (3) of the Covenant and
providing for judicial review of all decisions to restrict the exercise
of freedom of expression. The Committee expresses the hope that the envisaged
Independent Broadcasting Authority is established as soon as possible.
It suggests the establishment of a mechanism that would allow for a Press
Code of Ethics.
28. The Committee suggests
that consideration be given to ensuring that restrictions do not exceed
what is necessary in a democratic society, in conformity with article
21 of the Covenant.
29. The Committee expresses
the hope that, as part of the planned review of industrial legislation,
the Government will consider whether workers in export processing zones
(who include a majority of women) need additional legal protection to
ensure their full enjoyment of the rights guaranteed by article 22 of
30. The Committee recommends
that appropriate steps be taken to ensure that the inhabitants of the
islands of Agalega and St. Brandon are able to exercise their right to
vote as required by article 25 of the Covenant.
31. Lastly, the Committee
suggests that steps be taken to disseminate in all languages spoken in
Mauritius information about the Covenant and about the report and the
proceedings before the Committee. It also suggests that steps be taken
to publish educational material, particularly for children, in the most
used vernacular languages.