NATIONAL HUMAN RIGHTS COMMISSION MAURITIUS

Transcription

NATIONAL HUMAN RIGHTS
COMMISSION
MAURITIUS
ANNUAL REPORT
FOR THE YEAR 2008
NATIONAL HUMAN RIGHTS COMMISSION
PORT LOUIS - MAURITIUS
31 March 2009
His Excellency
The President of the Republic of Mauritius
State House
Le Réduit
Your Excellency,
In compliance with Section 11 of the Protection of Human Rights Act 1998 I have the
honour to submit to you the eighth Annual Report of the National Human Rights Commission of
Mauritius for the period 1 January 2008 to 31 December 2008 to be laid before the National
Assembly.
Yours faithfully,
Dheerujlall B. Seetulsingh, S.C.
Chairman
2nd Floor, Renganaden Seeneevassen Building, Jules Koenig Street, Port Louis
Tel. Nos. (230) 208-2856, (230) 208-2718, Fax No. (230) 208-2858
E-mail address: [email protected]
NATIONAL HUMAN RIGHTS COMMISSION (NHRC)
Chairman
Mr. Dheerujlall B. SEETULSINGH S.C.
Former Judge of the Supreme Court
Former Solicitor-General, Government of Mauritius
Members
Mr. Mohammad Sadek NAMDARKHAN, Bar-at-Law
Former Magistrate
Former Member Anti-Corruption Tribunal
Former Member Tax Appeal Tribunal
Mr. Jacques R. ROSALIE O.S.K
Former Secretary for Home Affairs
Mrs. Beti Wyn PEERUN (to September 2008)
Former Secondary School Teacher
Secretary
Dr. Pushpawant BOODHUN (Jan. 2008 to October 2008)
Mr. Geeandave Gukhool (October 2008 to date)
NHRC - SEX DISCRIMINATION DIVISION (SDD)
Chairperson
Mr. Dheerujlall B. SEETULSINGH S.C.
Vice-Chairperson
Mrs. Rookmeenee N. NARAYEN
Former Judge of the Supreme Court
Member
Mrs. Lysie RIBOT
Secondary School Teacher
NATIONAL HUMAN RIGHTS COMMISSION
STAFF LIST
Secretary and Chief Executive
Dr. Pushpawant BOODHUN
Mr. Geeandeve GUKHOOL
(Jan. 2008 to October 2008)
(October 2008 to date)
Human Rights Officers
1.
2.
3.
4.
5.
6.
7.
8.
9.
Mrs. Goindamah POOVIN
Mrs. Sandhya RAMYED
Mr. Toolsy GARBURRUN
Miss Lahshumi Pearia ANADACHEE
Mrs. Seema LUCKHO
Mrs. Moi Lin LEUNG FOR SANG
Mr. Jugdishsing NEERMUL
Mrs. Sarita PEERTUM
Mrs. Leena RAMKHALAWON
Administrative Officers
1.
2.
3.
4.
5.
6.
7.
8.
Mrs. Jeenee SUKHOO
Mrs. Nariman LALLMAHOMED
Mrs. Nalini THAKOOR
Mrs. Mohantee DJAMANGUL
Mrs. Jayantee Devi MAYWAH
Mrs. Rajshree BOODIA
Mrs. Lekhrani JANKEE
Ms. Pushpa JUGGURNATH
Support Officers
1.
2.
3.
4.
5.
Mr. Soondress IYUMPERMAL
Mr. Ramesh BHAGOBAN
Mr. Rajendranath BOODHUN
Mr. Rishi ORGOO
Mr. Ramawat RAMSAHA
Trainees
1. Mr. Mohit DOWLOL (December 2007 to August 2008)
2. Miss Perousha APPAVOO (December 2007 to November 2008)
3. Mr. Guillaume OLLIVRY
TABLE OF CONTENTS
PARAGRAPHS
CHAPTER I
INTRODUCTION
CHAPTER II
PAGES
1-10
1-6
ECONOMIC, SOCIAL AND CULTURAL RIGHTS
11-20
7-11
CHAPTER III
POLICE
21-39
12-31
CHAPTER IV
SEX DISCRIMINATION
40-58
32-51
CHAPTER V
PRISONS
59-84
52-63
CHAPTER VI
ADMINISTRATION OF JUSTICE
85-102
64-70
CHAPTER VII
DIRECTOR OF PUBLIC PROSECUTIONS
103-104
71
CHAPTER VIII
EDUCATIONAL ACTIVITIES
105-107
72-73
CHAPTER IX
SUMMARY OF RECOMMENDATIONS
108-122
74-76
LIST OF ANNEXES
PAGES
77-80
ANNEX I
EXTRACTS FROM THE PROTECTION OF HUMAN
RIGHTS ACT 1998
ANNEX II
EXTRACTS FROM THE SEX DISCRIMINATION ACT 2002
81-93
ANNEX III
NATIONAL REPORT SUBMITTED FOR THE UNIVERSAL
PERIODIC REVIEW
94-105
ANNEX IV
COMPILATION PREPARED BY THE OFFICE OF THE
HIGH COMMISSIONER FOR HUMAN RIGHTS FOR THE
UNIVERSAL PERIODIC REVIEW
106-116
ANNEX V
SUMMARY PREPARED BY THE OFFICE OF THE HIGH
COMMISSIONER FOF HUMAN RIGHTS FOR THE
UNIVERSAL PERIODIC REVIEW
117-121
ANNEX VI
NAIROBI DECLARATION – OCTOBER 2008
122-129
ANNEX VII
STATISTICS - COMPLAINTS TO THE NHRC 2008
130
ANNEX VIII
STATISTICS – COMPLAINTSTO THE NHRC DEALT
WITH IN 2008
131
ANNEX IX
COMPLAINTS TO THE NHRC RECEIVED IN 2006 DEALT
WITH IN THE YEAR 2008
132
ANNEX X
COMPLAINTS TO THE NHRC RECEIVED IN 2007 DEALT
133-146
ANNEX XI
COMPLAINTS TO THE NHRC RECEIVED IN THE YEAR
2008
147-189
ANNEX XII
STATISTICS - COMPLAINTS RECEIVED AT THE SDD
FOR THE YEAR 2008
190
ANNEX XIII
STATISTICS - SDD COMPLAINTS DEALT WITH IN 2008
191
ANNEX XIV
COMPLAINTS TO THE SDD PENDING IN 2007 DEALT
192-194
ANNEX XV
LIST OF SDD COMPLAINTS RECEIVED THE YEAR 2008
195-202
ANNEX XVI
STATISTICS- WOMEN
ASSEMBLY, ETC…
MEMBERS
IN
NATIONAL
203
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CHAPTER I
INTRODUCTION
1.
In 2008 Mauritius celebrated the fortieth anniversary of its independence
and at the same time the fortieth anniversary of its Constitution.
The
fundamentals of the Constitution have remained unchanged since
Independence, except for the establishment of a Republic in 1992 which put
an end to a regime of monarchy where the Queen of England was the Head
of State in Mauritius and was represented by a Governor General.
Without overhauling a system which has withstood the test of time and
which has been beneficial to Mauritius, the time is right for a revision of the
Constitution.
2.
Four of the main areas of Constitutional revision may consist of (1)
electoral reform purporting to add a dose of proportional representation to
our first past the post system and „best loser system‟, (2) the protection of
economic and social rights, (3) the possibility of entering class actions and
(4) the creation of a Court of Appeal. The best loser system attempts to
correct imbalances in representation of the different communities in the
National Assembly following a general election and ensures an adequate
representation of minorities. Proposals have been made to replace the term
2008 Annual Report of the National Human Rights Commission
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„General Population‟ in the First Schedule to the Constitution by different
terms like people of African descent, Creoles, people of mixed origins or
simply „Mauritians‟. If all inhabitants of Mauritius agree that they are
Mauritians without any reference to their origins or religion, there would be
no majorities or minorities in the population. The protagonists, that is the
leading political parties, have still not reached a consensus on the issue.
There has been heated debate when discussing electoral reform on whether
to use affirmative action to increase the representation of women in the
legislature, since at the moment only 12 out of 70 members of the National
Assembly are women.
3.
In December 2008 the National Assembly enacted the Equal Opportunities
Act, but did not refer to the gender imbalance in its own house.
4.
The second important reform which could be introduced, if ever there is a
revision of the Constitution, would be to include a guarantee of the
protection of economic and social rights.
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5.
The National Human Rights Commission referred to this eventuality in its
Annual Report of the year 2007. Protection from deprivation of property as
well as freedom of association are already entrenched in the Constitution.
Furthermore, cultural rights are adequately protected through the guarantee
of freedom of expression, freedom to establish schools of religious
denomination, freedom of religion as well as protection from discrimination.
What is missing are the rights to health services, education, social welfare
benefits and housing which are rights guaranteed in other constitutions like
the Constitution of South Africa. These have been ensured in Mauritius
through the existence of a welfare state and are subject to progressive
implementation depending on the availability of economic resources.
6.
In 2008 the United Nations General Assembly adopted the Protocol to the
International Covenant on Economic, Social and Cultural Rights. States will
be encouraged to adhere to the Protocol and to commit that they will strive
toward establishing and achieving such rights. This would be in line with
the attainment of the Millennium Development Goals by the year 2015.
Mauritius is already a party to the International Covenant on Economic,
Social and Cultural rights and is well on the way to meeting the target of the
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MDGs by 2015, especially in view of the firm commitment of the
Government towards eradicating absolute poverty.
7.
Many countries hesitate to include economic rights in the law as there is a
fear that these may become justiciable. But there are safeguards against
judicial enforcement, as illustrated in a leading case of the Constitutional
Court of South Africa (The Grootboom case). The State is bound to provide
economic rights and to make a maximum effort to do so, but only insofar as
existing resources allow.
8.
A new or revised Constitution of Mauritius may also include a provision to
enable citizens to enter class actions, on the lines of Section 38 A of the
Constitution of South Africa –
“Anyone listed in this section has a right to approach a competent court, alleging
that a right in the Bill of Rights has been infringed or threatened, and the Court
may grant appropriate relief, including a declaration of rights.
The persons who may approach a Court are –
(a)
………..
(b)
Anyone acting on behalf of another person who cannot act in his
own name;
(c)
Anyone acting as a member of, or in the interest of, a group of
persons;
(d)
Anyone acting in the public interest.
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9.
Mauritius is one of the countries whose human rights record is to be
reviewed in 2009 by the UN Human Rights Council in Geneva under what is
known as the Universal Periodic Review. All member states of the United
Nations are subjected to the Review. In that context the State of Mauritius
submitted its national report to the Human Rights Council (Annex III) while
the National Human Rights Commission and a few NGOs from Mauritius
submitted their own comments. The latter were consolidated in a document
prepared by the Office of the High Commissioner of Human Rights
(OHCHR) (Annex IV). The OHCHR also prepared a Consolidation of the
Concluding Observations of all the treaty bodies following the reports
submitted by Mauritius under the different International Conventions and
Covenants to which it is a party (Annex V).
10.
The United States Department of State published its 2008 country report on
Human Rights Practices and found that the government of Mauritius
generally respected the human rights of its citizens and religious freedom
(see also the Religious Freedom Report 2008 released by the Bureau of
Democracy, Human Rights and Labor). Though such reports raise
controversy, as many countries resent having their human rights record
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reviewed by the United States, they do present a helpful view of the situation
from an outsider‟s standpoint.
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Economic, Social and Cultural Rights
CHAPTER II
ECONOMIC, SOCIAL AND CULTURAL RIGHTS
11.
In a recent interview, Mary Robinson, former United Nations Human Rights
Commissioner, while referring to a country in Southern Africa, raised the issue
as to whether the rulers of that country were not guilty of a crime against
humanity when the economic and social rights of the people were being violated
to such a degree that there was a severe food crisis, serious health problems,
galloping inflation, although that country was neither subject to any internal
rebellion nor at war with any foreign country.
12.Economic and social rights form part of human rights. Few countries in the
South have the chance of being a welfare state like Mauritius. Though these
rights are not embedded in our Constitution, citizens may complain against the
malfunctioning of the Welfare State to the Ombudsman, if such malfunctioning
results from acts of maladministration.
There are also Public Complaints
bureaus in different sectors like Health, where people can lodge complaints if
they are dissatisfied with the provision of public services.
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13.
Generally people are aware of their rights but they do have to lay claim to those
rights. Those who live in poverty are particularly disadvantaged.
14.
The Draft United Nations Guiding Principles on Human Rights and Extreme
Poverty state as follows 1.
Poverty is a human condition characterized by sustained or chronic
deprivation of resources, capabilities, choices, security and power necessary
for the enjoyment of an adequate standard of living and other civil, cultural,
economic, political and social rights.
2.
Extreme poverty and exclusion from society constitute a violation of human
dignity; consequently, the inclusion in national and international plans of
measures to eliminate them is a priority.
3.
Persons living in extreme poverty are fully entitled to demand that policies and
programmes at the national and international level aimed at the eradication of
extreme poverty should be drawn up and effectively implemented in
accordance with the principles of human rights and the present guiding
principles.
4.
Persons living in extreme poverty are entitled to the full enjoyment of all
human rights, including the right to participate in the adoption of decisions
which concern them, and to contribute to the well-being of their families, their
communities and humankind.
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5.
States, as well as all the organs of society at the local, national, regional and
international level, have an obligation to take effective action to eliminate
extreme poverty; to that end they must act in a structured and accountable
manner, in partnership with persons living in extreme poverty, and must
periodically report on their actions at all levels, especially the local and
national levels, in accordance with applicable legal norms.
At the
international level, States must account for their actions in the periodic reports
they submit to the bodies monitoring compliance with treaties, in particular the
International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights.
15.
In Mauritius an Eradication of Absolute Poverty (EAP) Programme has been set
up to combat poverty.
Some 229 pockets of absolute poverty have been
identified. The Programme is implemented through a partnership among the
five social partners – socio-cultural organizations, NGOs, the corporate sector,
development agencies and various levels of Government. The Trust Fund for
the Social Integration of Vulnerable Groups contributes to the integration of the
poor in the mainstream of development.
16.
The government has produced a Food Security Strategic Plan to deal with the
food crisis. Small farmers are to be encouraged to continue cultivation and
protected from fluctuating food prices.
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The recommendations in the Plan are as follows –
Improve the livelihood of small producers by empowering them to carry out
production, value addition and marketing of their products as a profitable venture in a
sustainable way.
Provide access to agricultural lands to a greater number of landless farmers grouped
into associations.
Improve global competitiveness and profitability of the agri-business sector in order to
reduce the country‟s dependency on food imports.
Lay emphasis on the production of a better quality and safer product to respond to
consumers‟ needs.
Foster partnership between small farmers and the private sector.
Give the necessary back up to local entrepreneurs who wish to set up agricultural
projects in the region.
17.
There is a movement of population from rural areas to urban areas in Mauritius
and a consequent increase in the number of hawkers on the street pavements
who prefer to sell cheap goods imported from abroad, instead of producing
goods themselves. This is good for consumers and allows people to earn their
living, but it creates an environmental problem.
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18.
The majestic skyscrapers of the capital, Port Louis, may dream that they are in
Manhattan, but at their feet lie the new souks of the City. A solution that would
not penalize those at the bottom of the social ladder and that would allow the
City to breathe must be found at all costs.
19.
The new Equal Opportunities Act will consolidate economic and social rights in
that in both the public and the private sectors everyone will have to be treated
equally whatever be his status. The legislation will be enforced by an Equal
Opportunities Division to be set up within the Human Rights Commission.
20.
Corruption is also a denial of human rights in that it distorts the allocation of
resources.
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CHAPTER III
POLICE
21.
The National Human Rights Commission categorises complaints it receives
against police as cases of alleged physical brutality, verbal abuse, complaints
against police inaction (service delivery) and other miscellaneous complaints
like protests against contraventions. The same categorisation is adopted by
the Complaints Investigation Bureau (CIB) which also receives complaints
against police from members of the public at its office in Rose Hill and
which collects complaints received at police stations all over the country as
well, and investigates these complaints. Police Officers at individual police
stations are not allowed to investigate complaints against police. Mauritius
is a small country and there would inevitably be a perception of bias if
police officers were allowed to enquire into complaints made at the local
level against their own colleagues. After investigation, the CIB transmits the
file to the Director of Public Prosecutions through the Commissioner of
Police. Where the CIB decides not to proceed with a case it has to inform
the National Human Rights Commission. Trivial complaints are usually
filed at the level of the CIB.
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22.
A new Police Complaints Division of the National Human Rights
Commission will soon be created to take over the work of the CIB, so that
all complaints against police will be centralized at the level of the NHRC.
However, it must be noted that in other countries like England and France,
the police do enquire into complaints against police.
For example, in
England the police at county level enquire into complaints against police
officers in neighbouring counties. More serious complaints are referred to
the Independent Police Complaints Commission.
The number of reported cases of alleged police brutality in Mauritius tends
to have stabilized over the years. The previous perception of impunity is
now being dissipated. Some 37 police officers are now facing trial as a
result of complaints which have been made. Overall, police officers are
aware that they must respect citizens‟ rights.
23.
Some of the allegations relate to enquiries into criminal cases (where it is
alleged that police investigators beat up suspects to obtain confessions). On
the other hand police officers deny using any violence to solve crimes. They
claim rightly that the public requires that law and order should be respected.
Many
suspects
tend
questioning/interrogation.
to
go
back
on
their
confessions
after
The NHRC cannot decide the issue of
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admissibility of a confession. This is the prerogative of the magistrate or
judge before whom the confession is likely to be challenged. Nevertheless
the NHRC ensures that all the complaints are brought to the attention of the
DPP‟s office and requests that they be put before the trial Court.
24.
The rule remains that it is an offence for a police officer to beat up a suspect
during investigation or to use any kind of duress or violence.
25.
The year 2008 unfortunately witnessed 2 cases of death of detainees in
police cell and one case of drowning of a detainee after he escaped from
legal custody. Extracts of the findings of the Commission are reproduced,
especially in view of the importance of the recommendations.
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26.
CASE OF LATE I. G.
(1)
A complaint was lodged by one A.G. concerning his late son, I. G. The
complaint concerned alleged brutality by the police and the circumstances
surrounding I.G‟s death following the latter‟s escape from police custody
on 06/06/08.
(2)
I. G., a stonemason of St Pierre, aged 25 years, was arrested at his home
at 14 00 hrs on Thursday 05/06/08 by four CID officers.
(3)
I. G. was suspected of hindering Curepipe CID in its enquiry concerning
the origin of a mobile phone which was found at the side of a dead body
discovered at Mare Chicose on 02/05/08.
(4)
I. G. was taken to the MCIT office where, at 16 05 hrs, he gave a
statement in which he said that he recognized the mobile phone which he
had been shown that day at the same office. He said he had found it at the
beginning of the year 2008 on a bus on his way to work on a building site.
He kept the phone and threw away the SIM card. Later that day he gave
the phone to a friend called H. to have it reactivated. H. returned it one
week later and told I.G. he owed Rs 250 for the repairs. I.G. said that he
did not pay but told H. he wished to sell the phone. The next day he sold
the phone for Rs 500 to a welder on a building site at Ebène. He did not
know the name of this person but gave his description and claimed to be
able to recognize him.
(5)
At 19 30 hrs on the same evening his father A. G. received a call telling
him that his son was detained at Grand Bois police station. At about 20 30
hrs together with other family members he went to see his son who alleged
he had been beaten up by the CID. However the father said he saw no
marks on his son‟s face or body but only noticed that his face was red. He
was with him for five minutes and found his behaviour fairly normal.
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(6)
On 06/06/08 I.G. appeared in Mahebourg District Court where a
provisional plaint of Conspiracy was lodged against him. He was
remanded to police cell until13/06/08.
(7)
At 13 30 hrs I.G. was taken to the MCIT office at Curepipe by the Grand
Port Savanne CID team and from there to Ebène to look for the person on
the building site to whom he alleged he had sold the phone. The Police
left him in the back of the van with both hands handcuffed under the
supervision of PC R. with another PC in the driver‟s seat while they went
to investigate.
(8)
At about 14 30 hrs I.G. asked to be allowed out of the van as he said he
was going to be sick. As he came out of the van he caused PC R. to fall
over by pushing the door of the vehicle at him. I.G. then “took to his heels
towards the bushy area leading to Ebene river.” The distance between the
van and the river is approximately 300 metres.
(9)
The driver, followed by PC R., gave chase on foot but lost sight of I.G.
after he had crossed the main road. All the officers who were called
joined in the search for the escapee but were unable to find him. They
called in reinforcements, including a police dog, to no avail. Efforts to
find I.G. continued during the night and into the next day.
(10)
On 6 June 2008 at 16.30 hours officers from Rose Belle CID came to see
A. G. at his home and informed him of the escape of his son from police
custody. These officers included Sgt L. who gave his mobile number to A.
G. asking him to inform the police if his son came home. According to
them he had jumped into a pool in the river at Reduit, swum across and
run away. Police kept watch that night around I.G‟s house but did not
search the house.
(11)
On Saturday 07/06/08, as there was no sign of his son, A. G. with other
members of the family went to the place where the son was said to have
jumped into the river. According to him it was impossible for a person to
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survive a fall into the river at this spot [a drop of 30 metres].He also said
that his son could not swim. At 13 00 hrs he called Sgt L. to ask if anyone
had actually seen his son jump and was told that Chinese workers on an
adjoining building site claimed to have seen him.
(12)
At 14 00hrs, when he was still on the spot near the river, A.G. called DCP
N. who sent a team of divers to investigate. After a 10 minute search they
found the body of the son. His left wrist was handcuffed while the right
one was free. The body was taken by the police for autopsy.
(13)
An autopsy was carried out by Dr B. at 20.00 hours on Saturday 07/06/08
[i.e. 4 hours after the recovery of the body from the river.]
(14)
Dr B. noted the mark of the handcuff on the left wrist but no such mark on
the right wrist i.e. no evidence of the handcuff having been forced off.
(15)
The doctor found no fractures or injuries [scratches or abrasions] which
would have suggested I.G. fell through bushes etc on his way down the
precipice and was of the opinion that “he might have gone directly into
the water after passing over smooth vegetation.”
(16)
His conclusion as to the cause of death was asphyxia by drowning.
(17)
Photographs were taken by the family at the river and after the return of
the body. These were produced to the NHRC. One showed the handcuff on
one hand only as the body is recovered from the river. Other photographs
taken later showed marks on the face, back and both hands.
(18)
Dr B. commented that the photographs were less reliable than the ones
taken at the autopsy because they had not been taken by a professional
photographer. Certain marks seen in these pictures may have been
pressure marks.
(19)
Another doctor, Dr G., called on by the family to be present at the
autopsy, confirmed the presence of the locked handcuff on the left wrist
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(20)
He found no visible injuries, but pointed out that the autopsy was done too
early to reveal any marks of violence – only 7 hrs after the recovery of the
body would such marks have had time to appear. The low temperature of
the water [10-12 degrees] would also have slowed down this process.
However he was of the opinion that the evidence pointed to “drowning
without any injury sustained by a third party.”
(21)
Dr G. too thus concluded that “drowning was the direct cause of death”
(22)
A site visit was carried out on 17/07/08 from 13 30 hrs to 15 30 hrs by
members of the Commission accompanied by police officers.
(23)
It was noted that on the route which he would have taken if he made
directly for the river from the spot where he was last seen there is a very
steep drop of about 30metres. He could in fact have fallen directly into the
water without sustaining any injuries. At this point there is a thick growth
of creepers but no trees or bushes to impede descent.
(24)
FINDINGS
(a)
It appears that the police were negligent in leaving the prisoner in
a vehicle under the supervision of a single officer.
(b)
No really systematic effort was made to search for the prisoner
when he escaped. A dog was brought in but was not used to follow
the trail from the van to the river bank even though a jacket
belonging to the escapee was available to provide scent. If this had
been done the police might have realized that I. G. was in the
water.
(c)
The fact that it was the father of I. G. who called for help from
DCP N. to search the river, 24 hours after the escape took place,
creates a bad impression. This might even be said to lend weight
to his accusation that if it had been left to the police, his son‟s
body might never have been found.
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(d)
The Commission concluded that the police did not deal properly
with the situation surrounding the escape and referred the case to
the Commissioner of Police for action.
27.
Case of late A. R.
(1)
A. R. was found hanged in the bathroom in the cell block at Grand Bois
Police Station around 08.15 hours on Tuesday 26 August 2008. He was
being detained at the Police Station in connection with a case of larceny.
Police Version
(2)
On Thursday 21 August at 04.45 hours, Beau Bassin CID officers while on
mobile patrol arrested A. R. and his nephew C. P. aged 19 who were
carrying 10 iron bars measuring 30 ft long and 25 bars measuring 7 ft
long. They could not account for the possession of the same.
(3)
They were taken to Beau Bassin Police Station for enquiry regarding a
case of possession of suspected proceeds of larceny. A. R. refused to give
a statement and availed himself of the right to silence, pending his
appearance in Court. C. P. gave a statement in the presence of Counsel
denying the charge. They appeared before the Rose Hill District
Magistrate and were remanded to Police cell up to 28 August 2008. As no
cell was available in the Police Stations of the Western Division, it was
decided to detain them at Grand Bois Police Station as from 21.08.08.
(4)
A. R. and C. P. were the only detainees at the station on 26.08.08. PC J.
performed the duties of sentry on the first shift as from 7.15 hours. As
sentry he was positioned near the entrance of the corridor in the cell
block. P.C. J. checked both detainees in their cells at 7.30 and 8.00 hours
and found them in-lying. He inserted the appropriate entries in the Cell
Diary Book.
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(5)
At 8.05 hours, A. R. requested to be removed from his cell for a call of
nature and a bath, P.C. J. escorted him to the toilet/bathroom. The P.C.
then stayed in the corridor and could hear the sound of water falling
continuously in the bathroom. After three to four minutes, he proceeded to
check the detainee and found A. R. had hanged himself by the neck tied
with a lace from his shorts to the iron bar of the bathroom door. He
shouted for help and removed A. R. from the bathroom with the assistance
of the Station Clerk. PC J. applied first aid but it proved ineffective.
Medical Evidence
(6)
A. R. was immediately conveyed to J. Nehru Hospital.
Dr. M. after
examination certified that he had already passed away. Dr. B. carried out
the autopsy at PMOC mortuary on the same day and concluded that the
cause of death was asphyxia due to hanging. There were no external
injuries according to the autopsy report. “Old puncture marks dorsum of
both hands” and “needle puncture marks both inguinal regions” were
noted on the body of deceased.
(7)
Dr. B. informed the Commission that the examination of blood sample
showed that A. R. was positive for HIV and hepatitis C. The result of the
blood test coupled with the visible puncture marks suggested that he was
on drugs.
The Complaint
(8)
S. R., brother of A. R. complained to the Commission about the failure of
the police to inform him of the arrest of his brother and the place of his
detention. He was aware that A. R. had been arrested several times in the
past and their mother was kept informed about the arrests by Beau Bassin
Police. Furthermore the police did not inform him of his death. He came
to know the same from a cousin working at the mortuary who phoned him
around 9.30 hours on 26 August 2008. The family of A. R. was shocked to
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learn that he had committed suicide. S. R. requested the Commission to
enquire into the circumstances and exact cause of his brother‟s sudden
death.
Commission’s Findings
(9)
Our investigation did not disclose any evidence that A. R. was subjected
to inhuman treatment or brutality by the Police Officers of Grand Bois
Police Station during his detention there. We did not consider foul play to
be of relevance with regard to the cause of death. The evidence of the codetainee, C.P. also did not reveal any foul play.
(10)
The gist of the complaint was in relation to the fact that the family was not
informed of the whereabouts of A. R. following his arrest and detention.
According to the Officer-in-Charge of Beau Bassin CID, the practice is for
the officers handling the case to phone the family or proceed to the house
of the detainee to inform his relatives. However, the Inspector could not
confirm whether the officers dealing with the larceny case had actually
informed the relatives of A. R.. There was no entry to that effect in the
Diary Book.
For their part, the officers of Grand Bois Police Station
averred that it was up to the Beau Bassin CID to pass that information to
the family of A. R.
(11)
The Commission found that since A. R. was detained in a location distant
from his place of residence (Beau Bassin), his relatives should have been
informed.
(12)
The Commission was informed that the common practice is to transfer
detainees to the nearest Police Station when cells are not available in a
particular station to lock up detainees. Should that not be feasible, the
Divisional Commander seeks accommodation in another Division. There
are no set rules on the procedure for informing the relatives about the
transfer.
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Recommendation
(13)
The Commission was concerned about the lack of standing instructions on
who is responsible and what is the procedure regarding the duty of Police
Officers to communicate the place of detention of a detainee to his
relatives. When a detainee dies in police custody, the fact that the relatives
have no knowledge as to his place of detention tends to make them even
more suspicious of the circumstances and cause of death. We accordingly
recommended to the Commissioner of Police that circular instructions be
issued to formalize the procedure for informing the relatives of arrested
persons/detainees with a view to ensuring compliance by all Police
Officers.
28.
Case of Late B.
(Death at Line Barracks Detention Centre)
(1)
The late B., 28 yrs, was arrested on 18.10.08 by ADSU officers for
“possession of Subutex”. He was released on parole on the same day and
agreed to surrender himself on 20.10.08 to appear in Court for bail
procedures. He did not turn up on 20.10.08 and a warrant for “Breach of
Conditions of Release” was issued against him.
(2)
On 22.11.08 (a Saturday), at 09.05 hrs, a call was received at Tombeau
Bay Police from a lady stating that B. was causing trouble. B. was
arrested at 09.40 hrs and brought to Tombeau Bay Police Station. At
10.15 hrs, the concubine of the deceased, made a statement to the effect
that B. grabbed their 4 year old son, R.L., by the arm and threw him on a
heap on wood. He also grabbed the child by the neck causing him pain.
(3)
On the same day, B. was handed over to ADSU and taken to the Line
Barracks Detention Centre at 11.20 hrs where he was detained in cell No.
16.
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(4)
On 23.11.08 (a Sunday), at about 10.40 hrs, Cpl N., who was on duty at
the Line Barracks Detention Centre went into the CCTV room and noticed
on the TV screen that B. was in an irregular standing position. He went to
the cell with PC S. and saw that B. had hanged himself with a piece of
cloth torn from the mattress cover. At 10.45 hrs, personnel of SAMU
certified that he had died.
(5)
The body was then taken to the morgue of Dr. Jeetoo Hospital where Dr.
B., CPMO, performed the autopsy. He certified that death was due to
“Hanging Asphyxia”.
(6)
Only three officers were on duty at the detention centre at the relevant
time. There were not enough officers in the CCTV room to watch the
movements of detainees.
(7)
The Commission recommended that the Commissioner of Police should
immediately ensure that there is enough personnel to man the CCTV
cameras which have been installed at great expense in detention centres.
(8)
The Commission drew attention to the recent House of Lords judgment in
the case of R (On The Application of JL) v Secretary of State For Justice
[2008] UKHL 68 WLR. The remarks made by the Law Lords about the
duty of the State to protect life are most relevant to the situation in
Mauritius, bearing in mind that the same Law Lords sit on the Judicial
Committee of the Privy Council, our highest appellate Court.
55.
At its most basic, article 2 requires the prison authorities not to
harm those in their custody. But it goes further. In particular, the
European Court has recognised that they are under various
positive obligations to protect the lives of prisoners. While the
authorities are not obliged to regard all prisoners as potential
suicide risks (Younger v United Kingdom (2003) 36 EHRR
CD252, 268), they do have to proceed on the footing that
prisoners as a class present a particular risk of suicide. Indeed in
Tanribilir v Turkey (Application No 21422/93) 16 November
2000, the European Court observed, at para 74, that, by its very
nature, any deprivation of physical liberty carries with it a risk of
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suicide, against which the authorities must take general
precautions. See also Akdogdu v Turkey (Application No
46747/99) 18 October 2005, para 47. For this reason the prison
authorities must take general (i e systemic) measures and
precautions to diminish the opportunities for prisoners to harm
themselves, without, however, infringing their personal
autonomy: Keenan v United Kingdom (2001) 33 EHRR 913, 958,
para 91.
(9)
56.
The authorities’ obligation is not, of course, absolute: it is not
indeed to be interpreted as imposing an impossible or
disproportionate burden, bearing in mind, among other factors,
the unpredictability of human conduct and the operational
choices which must be made in terms of priorities and resources:
Keenan v United Kingdom 33 EHRR 913, 957-958, para 89;
Akdogdu v Turkey, para 45; Renolde v France, para 82.
57.
In addition to the obligation to take these general measures, the
prison authorities are also under an “operational” obligation, in
certain well-defined circumstances, to protect a particular
prisoner from the risk that he will kill himself: Keenan v United
Kingdom 33 EHRR 913, 958, paras 90-92; Tanribilir v Turkey,
para 70; Akdogdu v Turkey, para 44. This obligation arises when
the authorities know, or ought to know, that there is a real and
immediate risk that the prisoner in question will commit suicide:
Keenan v United Kingdom, 33 EHRR 913, 958, para 92. The
authorities must then do everything that can reasonably be
expected of them in the circumstances to prevent him from doing
so.
The National Human Rights Commission drew attention to two important
issues which affect the rights of detainees:
(A)
detainees‟ visitation rights and
(B)
detainees‟ right to food from outside sources
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A. Detainees‟ Visitation Rights
(10)
Detainees at the Line Barracks Detention Centre (Alcatraz) and at the
Moka Detention Centre are denied visits from family members (as
stipulated in order 15(i) of the Orders governing the Eastern Division
Detention Centre – Moka (PHQ 192/II-(117)), deemed to be also
applicable at Alcatraz). Since they are all awaiting trial, the detainees are
still entitled to the presumption of innocence. It is therefore contrary to
principles of human rights to deny a person the right to see his relatives,
especially when convicted prisoners in other places of detention have this
right. It can be noted that the justification for the denial of visitation rights
to Alcatraz detainees is the concern that there might be collusion or
between the suspect and relatives and intimidation of witnesses.
(11)
The Standard Minimum Rules for the Treatment of Prisoners, adopted on
30 August 1955 by the United Nations Congress provide guidelines on the
treatment of detainees. Although it is not a legally binding document, it is
generally accepted as a good code of practice when it comes to the
treatment and rights of prisoners. Rule 92 of the Standard Minimum Rules
for the Treatment of Prisoners states:
“An untried prisoner shall be allowed to inform immediately his family
of his detention and shall be given all reasonable facilities for
communicating with his family and friends, and for receiving visits from
them, subject only to restrictions and supervision as are necessary in the
interests of the administration of justice and of the security and good
order of the institution.”
(12)
Case law from the European Court of Human Rights gives a clear
indication as to what approach must be taken when it comes to visitation
rights for untried prisoners.
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(13)
In the recent case of Ferla v. Poland (2008), a man who was in detention
awaiting trial was denied visits from his wife as she was a material
witness in his case. The European Court of Human Rights held that,
although the authorities has a valid concern, they could not deny him
visitation rights since it would have been possible to prevent intimidation
or collusion by having the visits supervised by an officer. Again, the Court
reasoned that it was possible for the authorities to interfere with a
person‟s rights under Article 8 of the European Convention on Human
Rights but the rights could not be completely denied and the interference
had to be proportional and reasonable given the circumstances.
(14)
Visits by family members should be allowed at the Line Barracks
Detention Centre, the Eastern Division Detention Centre – Moka and
other Detention Centres, subject to whatever restrictions necessary for
security reasons and also to avoid collusion and possible intimidation of
witnesses.
B. Detainees‟ Right to Food from outside Sources
(15)
Detainees are denied the right to have food brought to them from outside
sources at the Line Barracks Detention Centre and the Eastern Division
Detention Centre – Moka (as per order 10 of the PHQ 192/II-(117). This
arises out of the concern that drugs and other contraband hidden in the
food might be smuggled into the detention centre. This supersedes the
rules set out in the Standing Order No. 120 – Prisoners and Accused
Parties – Safe Custody of Prisoners.
(16)
The rules set out in Standing Order No. 120 stated that any food brought
in from outside sources had to be thoroughly checked and that any person
bringing food could be asked to taste it (as per order 19 of the Standing
Order No. 120). It should be noted that rule 87 of the United Nations‟
Standard Minimum Rules for the Treatment of Prisoners states that:
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“87. Within the limits compatible with the good order of the institution,
untried prisoners may, if they so desire, have their food procured at their
own expense from the outside, either through the administration or
through their family or friends. Otherwise, the administration shall
provide their food.”
(17)
These detainees are still awaiting trial and are presumed to be innocent.
It is clear that untried persons cannot be treated as convicted prisoners
and should be allowed certain rights according to their status. Although
there is a valid security concern that arises from allowing detainees to
receive food from outside sources, it is unreasonable to completely deny it.
In order to comply with international standards, the administration of
detention centres should revert back to a policy where detainees are
allowed to receive food from outside sources, subject to security checks
and as far as it is practicable to do so. The Commission so recommended.
29.
Any case of death in police custody always creates suspicion and gives rise
to accusations that the police may have been responsible for the death of the
suspect. It is therefore all the more essential that the Police should take the
maximum precautions to prevent the occurrence of any such tragedy. As
pointed out in the case of B the police owe a duty of care to detainees,
whether he is a hardened criminal or not.
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30.
In the case of B. it was found that although video cameras have been
installed at great expense, there were not enough police officers to man the
video cameras (to watch the screens). However, the officers who were
present could still have exercised more diligence in their duties, like carrying
out regular inspection of cells and detainees.
31.
Police authorities should also ensure that police cells are salubrious and that
cleaners who are employed should perform their duties more efficiently.
32.
In September 2008 the State had to pay damages for the unjustified arrest of
the stepfather and mother of the victim in a murder case. The damages were
quite consequential as they amounted to 4 million rupees.
It was an
acknowledgement by the authorities that there was insufficient evidence to
detain those persons and that police investigations should be carried out in a
more rational and scientific manner than the mere interrogation of alleged
suspects.
33.
The Commission has drawn attention in the past to the fact that it is not
necessary to invariably arrest and detain drivers suspected of involuntary
homicide after a fatal road accident. It is true that police would like to
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ensure their presence in Court, but the investigation must first establish that
there is sufficient evidence that they are at fault.
34.
The Commission continues to receive complaints that search warrants are
not shown to persons whose premises are searched, or if the search warrants
are shown at all, it is from a distance or shown in a flash. Citizens have the
right to know on what grounds their premises are searched.
35.
In one case the police suspected complainant of cultivating gandia and
keeping gandia leaves in his house, but they pretended they were looking for
proof that he was carrying out illegal betting activities. This leads to a
Kafkaesque situation where a person does not know why he is being
questioned by the police. In that case the complainant was also told to sign a
blank sheet of paper in a statement pad of the police. As he refused to sign,
for fear that words incriminating him would be written later on the sheet of
paper, he was brutalized and compelled to sign. The Commission referred
the matter to the Director of Public Prosecutions as it appeared that an
offence had been committed.
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36.
The Commission has recommended that minors suspected of having
committed an offence should not be detained in police cells and that their
relatives should be sought out, even if it is late at night.
37.
The Commission has expressed concern at policing methods used in a few
instances. While it is true that the police have to ensure their own safety
when they move into what they consider to be risky areas, they have to take
care not to alienate the whole neighbourhood. It is their duty to promote
better relations with the community and to earn the respect of citizens.
38.
The police rely on informers quite often. But it may turn out that the
information given is unreliable or erroneous. In such cases the Police should
act carefully when they realize that there is a mistake. Citizens who are
victims of such mistakes tend to react angrily because they are humiliated in
public (for example, when they are searched). The police should then not
over-react. In at least two cases which were reported this gave rise to
incidents when the police would not admit their mistake.
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39.
Some complainants expressed dissatisfaction with the response of the police
to declarations which they made. Sometimes the police would refuse to take
action; in other cases the police would take too long in investigating the
matter. The reasons given were that it was difficult to get hold of the alleged
culprits or that medical evidence was not available. The Commission called
the Enquiring Officers and pressed upon them the need to perform their
duties diligently.
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Sex Discrimination
CHAPTER IV
SEX DISCRIMINATION
40.
The Sex Discrimination Division is bound by law (sections 23, 24, 25 of the Sex
Discrimination Act 2002) to settle complaints referred to it, whether they
constitute sex discrimination or sexual harassment, by conciliation. A Report
entitled “Workplace Sexual Harassment in Mauritius” published in February 2008
(following the interviews of 12 victims) omitted to mention this fact.
41.
Conciliation can only be effected if the complainant agrees to this course of action
and is used mainly in cases of sex discrimination. It is possible in certain types of
sexual harassment to talk to the perpetrator and to warn him to put a stop to
reprehensible conduct.
This may be done when there is verbal harassment,
gestural or visual harassment or even harassment by phone or email.
Recommending prosecution may not serve a useful purpose. A case in Court may
be protracted and it is not certain that the employer may agree to suspend the
perpetrator. In cases of conciliation if the victim agrees that the matter be settled,
she can continue peacefully with her occupation on condition that the perpetrator
will cease his activities. The victim has the power to lodge a complaint anew if
the perpetrator persists in his wrongdoing.
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Sex Discrimination
42.
Obviously where the sexual harassment is of a serious nature, conciliation is not
the proper solution. Usually many victims are scared of reporting cases for fear of
losing their jobs. A complaint to the Sex Discrimination Division allows for the
matter to be settled discreetly. Adverse publicity to an enterprise tends to result in
the dismissal of the victim, not of the perpetrator, for very often the perpetrator
occupies a superior position in the hierarchy.
43.
An example of alleged sexual harassment was when a group of female workers
complained that they had to work on a night shift in a home where there were
male inmates and that the latter used vulgar language and walked around in their
underwear. The matter was solved with the help of the Ministry of Labour. The
female attendants were no longer required to work at night.
44.
In cases of sex discrimination, conciliation was the most appropriate solution.
Allocation of lower classes in primary schools to lady teachers while male
teachers were preferred for Standards IV, V and VI continued to be a live issue.
Many of these cases were settled with the help of the Directorate of the Ministry
of Education and the cooperation of the Head Teachers.
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Sex Discrimination
45.
In one case, however, a Head Teacher sued a lady teacher for filing a complaint
although the law provides that no civil action shall be entered against a
complainant for lodging a complaint with the Sex Discrimination Division
Section 35 of the Sex Discrimination Division Act 2002 is as follows 35.
Protection from civil actions
(1)
………
(2)
Where (a)
a complaint has been made to the Sex Discrimination Division; or
(b)
a submission has been made, a document or information has been
furnished, or evidence has been given to the Sex Discrimination
Division,
a person shall not be liable to an action, suit or other proceeding in respect of
loss, damage or injury of any kind suffered by another person by reason only
that the complaint or submission was made, the document or information was
furnished or the evidence was given.
46.
It is also customary to settle cases of discrimination on the grounds of pregnancy.
Little purpose would be served by recommending the prosecution of the employer
when he can be persuaded to revise his attitude towards pregnant employees and
not terminate their employment.
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Sex Discrimination
47.
In Mauritius sex discrimination is less widespread in the public sector which has a
high number of women in the Administrative Cadre. This is partly due to the
better performance of girls in their academic studies in secondary schools. There
are now 6 lady judges out of 14 judges in the Supreme Court. 26 out of 41
Magistrates are women. While 10 out of 25 Permanent Secretaries are women,
there are few women who head parastatal bodies.
The same applies to the
composition of boards of parastatal bodies where the ratio of women to men is 1
to 3, except on bodies like the National Women Council, the National Children
Council and the National Council for the Rehabilitation of Disabled Persons.
48.
No woman has yet been made a Senior Counsel.
49.
In the private sector the glass ceiling is as impenetrable as ever. It is claimed that
many women prefer family life to working for long demanding hours. Yet in
factories women are compelled to work long hours to earn their living. Women
have shown that they can be as competent as, if not more competent than, men in
managerial positions.
They are prepared to take on heavier responsibilities.
Although many companies in Mauritius are public companies which are listed on
the Stock Exchange, they are basically controlled by family concerns. In such
cases the men in the family perpetuate the tradition of running the show. In the
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Sex Discrimination
banking and financial sector, women have occasionally reached top middle level
positions.
50.
Mauritius has still not solved its problem of low female political representation in
spite of the commitment of political leaders. The national issues at the time of
election do not revolve around gender. A solution to the problem would be
through affirmative action, but there is no national consensus on the matter.
51.
Annex XVI shows the progress from1983 to 2005 for women in politics in
Mauritius. The percentage of female members in the National Assembly is 17.1
per cent, not far from the world average of 18.3 per cent. According to figures
published by the Interparliamentary Union, only 32 countries in the world score a
percentage higher than 30 per cent. The Nordic countries score 41.4 per cent,
Latin America 21.5 per cent, Europe 20.9 per cent, Africa 18.3 per cent and Asia
17.5 per cent. Rwanda scores the highest with 56 per cent of women in its
National Assembly.
52.
Dr. Rama Sithanen, (current Minister of Finance of Mauritius), who holds a Ph D.
in Electoral Systems for Plural Societies has addressed the issue as follows in a
recent newspaper article –
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Sex Discrimination
Does gender matter in politics?
Do more women as elected representatives make a difference in policies,
legislative actions, political attitudes and behaviour and to parliamentary roles?
Earlier research in the US found that most women legislators did not see
themselves as substantially representing women‟s interests.
This led some
scholars to reach the conclusion that descriptive representation of women had
no relation to support for women‟s substantive interests. They show that women
MPs represent first their respective parties, then the voters in their
constituencies and finally their gender.
--------Many researchers argue that Parliaments are not capable of dealing
satisfactorily with issues close to women such as reproductive rights and sexual
violence without much input at all levels from women and that legislation in
other areas would also benefit from female input too. They recognize a gender
dimension to political representation at three levels of representation: at the
constituency level, in Parliament and in Government.
53.
The new Equal Opportunities Act does not deal with the problem; the matter is
left for the debate on reforms to the electoral system and proportional
representation.
54.
The Sexual Offences Bill is still before a Select Committee of the National
Assembly. It does not purport to criminalise marital rape. Rape and domestic
violence continue to be social problems. Alcoholism is known to be one of the
causes for domestic violence.
The authorities have taken some measures to
decrease the high consumption of alcohol in Mauritius.
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55.
During the year 2008, the Sex Discrimination Division received 63 complaints out
of which 12 related to sex discrimination (1 complaint from Rodrigues) and 22 to
alleged sexual harassment. 29 complaints (1 complaint from Rodrigues) were of a
general nature.
56.
Cases of Sex Discrimination
(1)
Two women teachers in primary schools complained that they were
discriminated against in the allocation of upper classes. In one case, the
Directorate and the Head Teacher promised that an upper class would be
allocated to the complainant the following year, and the matter was settled.
The other case is still under consideration.
(2)
A Primary School Teacher complained that she had been the victim of
unjustified and punitive transfer.
After investigation and on the
intervention of the SDD, the complainant was transferred to another school
where she was satisfied.
(3)
An Education Officer in a private college alleged that her contract of work
had been terminated on account of her pregnancy. Following the
intervention of the SDD, Management reconsidered its decision and
requested the relevant Authorities to continue paying a grant towards the
salary of the complainant for the year 2009. A letter has thereafter been
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Sex Discrimination
received from complainant informing the Division that Management has
reconsidered its decision.
(4)
A Technical Officer in a Ministry alleged that she had been transferred to
work far away from her place of residence.
Being pregnant and not
enjoying good health, she found it difficult to travel such a long distance.
Following the intervention of the SDD, the Ministry requested the
substantive Chief Officer to make appropriate arrangements to have the
complainant posted nearer to her place of residence. The needful was done
and the complainant was satisfied.
(5)
An employee of a jewellery shop alleged that her application for leave
without pay on ground of health problems relating to her pregnancy was not
approved (although supported by medical certificates).
Through the
intervention of the SDD, the complainant was granted leave without pay.
She will resume work after her maternity leave.
(6)
A female croupier in a casino alleged that a male punter ill-treated her
during working hours. Given that she was pregnant, the incident had a
negative impact on her health and she had to go to the hospital for a checkup.
After enquiry, the SDD found that the employer was in no way
responsible for the alleged incident. The representative of the employer
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Sex Discrimination
was of utter good faith towards the complainant. She was, thereafter,
offered a lighter job.
(7)
The Treasurer of an association alleged that, owing to malpractices at the
association, she felt she had to resign as Treasurer but chose to remain as a
member. The enquiry revealed that neither sexual harassment nor sex
discrimination was an issue.
(8)
An Accounts Officer alleged that the manager talked rudely to her. She
also stated that she had been unfavourably treated compared to her male
colleagues, who were granted special leave on the occasion of their
wedding, whereas she was not granted such a privilege. According to the
Manager, the granting of special leave is discretionary. As the complainant
had exhausted all her leave, her request for special leave could not, in the
circumstances, be acceded to. The SDD found that the Manager‟s decision
was reasonable.
(9)
A Rector in a private college alleged that she had been demoted to the post
of Education Officer after having worked as Rector for 14 years. The
enquiry revealed that the complainant was not a victim of sexual
harassment or sex discrimination. However, a letter was sent to the relevant
Authorities for any action deemed necessary.
(10) Complainant, a female Purchasing and Supply Officer, alleged that a male
Chief Purchasing and Supply Officer used to talk rudely to her in front of
her colleagues and gave a false statement against her. She further alleged
that following the false statement made by the said Officer, a police officer
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Sex Discrimination
then came in the office to give the complainant a warning and asked the
complainant to accompany him to the police post. The enquiry revealed
that the allegation of sex discrimination was not substantiated.
(11) One case is still pending before the Division; namely that of a Senior
Nursing Officer who alleged that, according to the scheme of service, in
order to be eligible for promotion to the post of „Senior most Nursing
Officer”, female nurses must possess the basic course in Midwifery whereas
there is no such requirement for male nurses.
57.
Cases of Sexual Harassment
(1)
Two female employees in a library alleged that they were harassed by a
male attendant who used vulgar language towards them during working
hours. The respondent was given a warning for his inelegant language. Both
complainants and respondent were advised to mind their language at the
workplace.
(2)
A Hospital Servant alleged that she was harassed by a male servant who
made false allegations against her. The respondent was warned not to
bother the complainant any more and the respondent promised to behave
himself. The complainant was informed accordingly and she thereafter
informed the Division that the situation was back to normal.
(3)
A group of female workers alleged that they were forced to work on night
shift with male inmates. The complainants were heard and they stated that
during the night the male inmates were drunk and used vulgar language
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towards them. They would walk around in their underwear. The matter
was settled at the level of the Ministry of Labour and the complainants were
informed accordingly.
(4)
An employee felt that she was discriminated against by a male colleague,
who used vulgar language at the workplace. The enquiry revealed that it
was not a case of sex discrimination. The complainant had lodged a case
before the Industrial Court and the Police was also investigating the matter.
In these circumstances, the SDD felt it was inappropriate to investigate
further.
(5)
An Education Officer alleged that a Rector talked to her in an aggressive
tone during working hours. She felt humiliated and suffered from traumatic
emotional stress. The complainant was called twice but did not turn up. The
SDD received a letter from the Ministry of Education and Human
Resources stating that the respondent had retired. In the circumstances, the
case was set aside.
(6)
An employee alleged that a driver of the company used vulgar language
towards her at the workplace. The complainant was heard.
She later
informed the SDD that she was withdrawing her complaint as the
respondent has since then been behaving properly.
(7)
A hostess in a hotel alleged that a manager used vulgar language towards
her during working hours and she felt depressed. The complainant was
called several times but she did not turn up. The case was set aside.
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(8)
An employee of a hotel alleged that she was sexually harassed at work by a
male manager who made personal remarks to her during working hours.
She was heard by the SDD but later she informed the Division that she was
going abroad.
Witnesses were called but did not turn up. As the
complainant has left the country, the SDD could not pursue the matter
further.
(9)
An employee alleged that a male Probation Officer harassed her on her
mobile phone by asking indiscreet questions regarding her matrimonial life.
He asked her what she would do after her divorce and with whom she
would stay. He also went to the complainant‟s house where he peeped
through the window when she was coming out of the bathroom. He visited
her house when she was not at home. The complainant was called several
times but did not turn up. Owing to lack of information, the Division could
not proceed with the enquiry.
(10) A pre-primary School Teacher alleged that she had been harassed by a male
Councillor of a Municipality. After enquiry, it was found the allegations of
sex discrimination/sexual harassment were not substantiated.
(11) A patient alleged that when she attended the Casualty Department for
treatment, she was sexually harassed by a Doctor who asked her indiscreet
questions on her private life. The SDD found that the allegation of sexual
harassment was not substantiated.
P a g e | 43
Sex Discrimination
(12) An Officer in a Ministry alleged that she was harassed at work by her
superior. The matter was enquired into. The members of the Division also
visited the locus. Given the layout of the office, the SDD wrote to the Head
Cadre recommending that it was not proper for both the complainant and
the respondent to occupy the same office. Furthermore, the SDD suggested
that the complainant be transferred back to her former place of work
because of her family responsibilities (she has a young child of one and a
half years to look after).
The SDD found the allegations of sexual
harassment not substantiated
(13) The SDD also enquired into three anonymous letters received at the
Division as follows:
(a)
the complainants, supposedly students of a tertiary institution, alleged
that they were being sexually harassed by the respondent, a Lecturer,
who used his power to date girls. The SDD could not proceed with
the matter as it was impossible to identify the authors of the
anonymous letter.
(b)
the complainants, who signed as a group of female Hospital Servants,
alleged that they were sexually harassed by a male Hospital Servant.
Whenever the male Hospital Servant was on night shift after drinking
alcohol, he would flirt with the female Hospital Servants (proposed
to have sex with them and also wanted to kiss them in the corridor).
According to the report received from the Ministry of Health and
Quality of Life, not a single servant acknowledged having made a
complaint against the respondent. Moreover, no adverse statement
P a g e | 44
Sex Discrimination
was gathered against the respondent.
In the circumstances, the
Division did not proceed with the matter.
(c)
the complainants, allegedly a group of female employees of a
company, stated that they were harassed by a manager of the
company. He was accused of repeatedly harassing the female staff
with unwelcome sexual advances and other offensive remarks. They
alleged that he invited them to have drinks and to watch
pornorgraphic films in his room. The SDD was informed by the
Ministry of Labour and Industrial Relations that all female staff had
been interviewed and they had all denied the allegations made. They
had even praised the behaviour of the respondent and were of the
opinion that he was not inclined to such behaviour. As the Ministry
had already enquired into the matter, the SDD did not pursue the
matter further.
(14) A lady Doctor alleged that she was photographed by a male Nursing Officer
during her working hours. In her opinion, the incident was shocking,
unethical and unprofessional for a subordinate to invade the privacy of a
patient by spying on her. Several letters were sent to the relevant Ministry
but no reply was received and a final reminder was sent. The matter is still
under consideration.
(15) A lady, living near a school, alleged that a teacher of the school has been
sending sms to her and has been peeping into her house. He referred to her
as “drunkard” when she went to see her son at school. The case is still
P a g e | 45
Sex Discrimination
(16) An officer in a parastatal body, alleged that she was sexually harassed by a
security officer. Through a pane of glass separating the complainant‟s
office and a corridor, the respondent would gaze under her table. She added
that the respondent looked at her with a very bad intention and made her
feel humiliated and embarrassed. She further stated that once when she was
in the kitchen, the respondent brushed against her back. Complaint is still
(17) A female officer in a parastatal body, alleged that a Senior Industrial
Analyst made personal comments on her in front of other staff. She felt
embarrassed when the latter made the following remarks “ ou ti ene joli
mamzelle, kan ou tipe rentre dan bus tou dimoune tip e guette ou. Aster la
ourssi ou ene joli madame”.
He also came to her office to give her
instructions as to how she should do her work.
Complainant heard.
Complaint is still under consideration.
(18) A Secretary in a Call Services Ltd, alleged that the Executive of the Call
Services harassed her at the workplace.
On several occasions, the
respondent invited the complainant to go out with him using words with a
sexual connotation. On one occasion, under false pretences, the respondent
took her to a bungalow. She was under such a mental strain that she could
no longer work with the respondent. The Vice-Chairperson discussed the
matter with the Human Resource Officer.
Complainant has been
transferred to another section. Complaint is still under consideration.
P a g e | 46
Sex Discrimination
(19) A complainant alleged that she was sexually harassed by a police officer, a
friend of her husband. He would send indecent sms messages to her. He
threatened her over the phone. Complainant heard and she was advised by
the Division to give a statement to the CIB. The Vice-Chairperson talked to
a woman police constable at the CIB and requested her to look into the
matter. Complaint is still under consideration.
(20) A salesgirl alleged that she was often harassed by a male manager of a
shop. The respondent would ask her to go out with him. The complainant
and respondent were heard. The respondent stated that (i) he rarely went to
the shop; (ii) the complainant was not happy with the work and (iii) the
complainant did not abide to the rules.
Complaint is still under
consideration.
58.
Other Complaints
(1)
A Laboratory Attendant alleged that she had been transferred to a school
where the working environment was not good. When the complainant was
heard, she informed the SDD that she had already been transferred to
another school.
(2)
A lady alleged that she was harassed by a male police officer, her ex-fiancé.
He forced her to accompany him to Caudan Waterfront where he threatened
to kill her if she would refuse to marry him. The respondent was called and
P a g e | 47
Sex Discrimination
was requested to leave the girl alone as she was not prepared to embark on
matrimony with him.
(3)
A Teacher alleged that, unlike General Purpose Teachers, who would be
transferred after having worked six continuous years in a particular school,
she, as an Asian language teacher, was not given the opportunity of staying
in the same school for two continuous years. The SDD informed the
relevant Ministry of the complaint and the complainant was transferred
back to her former school.
(4)
An Accounts Clerk alleged that she was being compelled by the
Management to sign a form to state that “she adheres to rules recently
introduced by the company”. The SDD found that the complaint was not a
sex discrimination issue and the Counsel representing the complainant,
conceded that the solution did not rest with the Division. However, the
Division carried out an investigation and Counsel for complainant was
thereafter, advised to request the complainant to sign the form.
(5)
A lady said that when she went to give a statement in connection with a car
accident in which she was not at fault, she felt humiliated by a police officer
who forced her to accept that she was at fault and that she was wasting his
time unnecessarily. The complainant was advised to give a statement to the
CIB.
(6)
A man alleged that one of his relatives has been operating a workshop
which adjoins his house found in a residential area, and that the noise
disturbed him. The complainant was advised to contact the Ministry of
Environment and National Development Unit in respect of his complaint.
P a g e | 48
Sex Discrimination
(7)
An elderly man alleged that he has been assaulted by his neighbour who
stated that the land which the complainant was occupying, belonged to him
(the respondent). He also caused damage to the vegetables cultivated on
that land. The SDD enquired into the matter. The respondent was given a
warning to be more polite towards elderly people.
(8)
A male cadre in a bank alleged that he was morally harassed by a colleague
who stated that he was not up to standard to assume the post he is now
occupying. The enquiry revealed that the complaint was not within the
jurisdiction of the SDD. Thereafter, the complainant sent a letter that he
was withdrawing his complaint.
(9)
A male Hospital Servant alleged that he was the victim of false allegations
made by a female colleague. There was a previous complaint by the female
colleague against the complainant. Both the complainant and respondent
were advised to keep a civilised relationship at the workplace.
(10) An employee of a company alleged that the Director, acting upon false
allegations, dismissed her from work. She was accused of; (i) making phone
calls during working hours whereas it was forbidden to do so; (ii) refusing
to do overtime and (iii) leaving the office before the scheduled time. As the
matter has been referred to the Office of the DPP by the Police, the SDD
did not investigate the matter further.
P a g e | 49
Sex Discrimination
(11) An employee alleged that she was harassed by the management of her
company. She had been accused of having a persistent negative attitude at
work with a past adverse record. She was further informed that her services
were no longer required and she has been asked to retire. It was found that
the complaint was not within the jurisdiction of the Division.
(12) A primary School Teacher alleged that she has not been allocated any class
on the basis of (i) false allegations from parents and (ii) she was a floating
teacher. It was found that the allegation was not within the jurisdiction of
the SDD. The SDD, however, contacted the Directorate to look into the
matter.
(13) A pre-primary School Teacher alleged that her professional integrity was at
stake and her fundamental rights were violated. An enquiry has revealed
that the complaint was not within the jurisdiction of the SDD. The SDD,
however, referred the matter to the Directorate. The complainant was
transferred to another school where she was satisfied.
(14) A Clerical Officer alleged that she was paid as a general attendant instead
of a clerical officer. She also complained that she was ill-treated during
working hours. The SDD dismissed the complaint as the acts complained of
did not amount to sexual harassment/sex discrimination.
P a g e | 50
Sex Discrimination
(15) An employee of a company alleged that she has been given a contract in
which she had to work as Assistant Instructress instead of Instructress. The
complainant was heard and was informed that her complaint was not related
to either sex discrimination or sexual harassment.
(16) A Laboratory Technician alleged that her colleagues had submitted adverse
reports on her and she felt harassed. The enquiry has revealed that subject
matter of the complaint was not an issue of sexual harassment or sex
discrimination.
(17) A hospital employee alleged that she felt frustrated as she regularly had to
replace officers in another hospital. The case has been dragging on as the
Ministry has not responded to any letter sent by the Division. A final
reminder has been sent to the Ministry. The matter is still under
consideration.
P a g e | 51
Prisons
CHAPTER V
PRISONS
59.
The Statistics on the number of detainees in prisons show that there is no
overall overcrowding in prison as the total number of detainees in the nine
prisons was 2039 for a maximum capacity of 2058 as at 31 December 2008.
60.
However in Beau Bassin Prison there was a total population of 1070 for a
maximum capacity of 946 whereas the New Wing was underutilized with
149 detainees for a total capacity of 282. The explanation given for these
figures was that the New Wing was being used for reception and induction
of newly admitted detainees (both remand and convicted detainees).
Thereafter the detainees were allocated to other institutions. Detainees at
New Wing are also intended for outdoor labour and services to the Prisons
Department. As for Beau Bassin Prison, detainees who present a risk have
to be kept there because it is a maximum security prison, which explains the
overcrowding.
P a g e | 52
Prisons
61.
The undesirable practice of mixing convicted detainees and remand
detainees at Beau Bassin prison and the New Wing continues to prevail. On
the other hand whereas Grand River North West Prison is officially reserved
for remand detainees, there were some 37 convicted detainees there, to carry
out duties like cleaning, cooking etc. Remand detainees are exempted from
these types of chores.
Dangerous remand detainees cannot be kept at
GRNW Prisons, they are transferred to Beau Bassin.
62.
The Commission has noted that conditions at Grand River North West
Prison are rather difficult for remand detainees since there is a lack of space
for physical activities. It is regrettable that detainees awaiting trial should be
exposed to harsh conditions especially when many are detained because they
cannot afford bail.
63.
The Phoenix Prison (La Bastille) has also come to be underutilized with 6
detainees for a total capacity of 24. During a temporary closure, following
the visit of the Sub Committee on the Prevention of Torture in October
2007, works were carried out to provide for two association yards where
detainees would be able to mix and carry out activities instead of being
P a g e | 53
Prisons
locked up for twenty three hours a day. After completion of the works on 16
May 2008 detainees were transferred to Phoenix.
64.
On 22 May 2008 a gang war broke out between two rival groups of
detainees at Phoenix Prison. One group forced its way from one association
yard to the next one by using the iron bars supporting the television sets to
break the padlocks into the other association yard. Several detainees were
injured. The Prisons authorities had to review the facilities which had been
granted to detainees.
65.
Not enough detainees satisfy the criteria to be transferred to Richelieu Open
Prison (which has a total capacity of 166). Only 93 male detainees were
held there as at 31 December 2008.
Detainees are given training in
agriculture, animal farming and industrial vocational activities.
Those
convicted for drugs offences cannot be transferred there. To be considered
for transfer, detainees must have been of exemplary conduct and due for
release in a near future.
It is recommended that the Commissioner of
Prisons may perform a further screening to transfer more prisoners over
there.
P a g e | 54
Prisons
66.
On a total population of some 2000 detainees, 20 died from natural causes in
prison in the year 2008. Their age ranged from 30 to 55, but many were
aged below 50.
67.
The main causes of death are septicemia, cardiac problems and pneumonia.
The National Human Rights Commission is of the view that medical care
could be improved in prison. Those who are genuinely ill do not seem to be
getting enough medical attention while there is a risk that more troublesome
elements may demand medical attention. If they do not get immediate
attention they create trouble in hospitals so that doctors and nurses are wary
and scared of looking after detainees.
68.
The National Human Rights Commission received a request from the
relatives of a detainee who was seriously ill that he should be „allowed to go
home‟ so that they could look after him. However the doctor certified that
he could be treated in prison. In view of high risk of death from natural
causes in prison, the Commission recommends that the Commissioner of
Prisons should refer genuine cases to the Parole Board. A system should be
devised where detainees in genuine cases could be released on parole. They
should return to serve the rest of their sentence in prison, once they have
P a g e | 55
Prisons
recovered.
Sufficient precaution should be taken to detect cases of
malingering.
69.
At present there are 117 foreign detainees in Mauritian prisons. Many of
them are “mules” who have carried drugs to Mauritius. Others are actually
part of a gang, as it was discovered that by using mobile phones illegally,
they could continue with their drugs dealing in prison. Some 60 of them are
still awaiting trial for drug dealing. Normally their local accomplices are
tried first. Nine sailors from Vietnam, Indonesia and China are awaiting
trial in cases of murder and manslaughter.
70.
In the year 2008 thirteen foreign detainees were transferred back to their
home country (12 to India and 1 to Germany) to serve their sentence under
different foreign agreements, which Mauritius has signed. A detainee who is
a national of the Seychelles could not be transferred to his country of origin
as there is no transfer agreement with the Seychelles.
71.
Two Rodriguan prisoners requested that they be transferred from prisons in
the island of Mauritius to Rodrigues to be closer to their relatives. However
P a g e | 56
Prisons
the Police raised objections because they could become a danger to
witnesses in Rodrigues if they escaped.
72.
The National Human Rights Commission has taken note of the sentences
imposed at the Assizes during the year 2008. They range from 8 to 35 years
for importation or possession of heroin and for murder and manslaughter.
Discounts are given when the accused plead guilty.
CONVICTION AT ASSIZES 2008
Date
Type of Offence
Sentence
1
15 January 2008 Importation of
heroin.
2
17 January 2008 Importation of 1010.20 grams of 10 years penal servitude and Rs 2000
heroin.
as costs.
23 January 2008 Manslaughter
14 years penal servitude.
3
4
5
2797 grams of 11 years penal servitude, a fine of Rs
100,000 and Rs 2000 as costs.
5 February 2008 Illegally and unlawfully imported
652.1 grams of heroin.
5 February 2008 Illegally
and
unlawfully
in
possession of 234.7 gms of heroin for
the
purpose
of
distribution.
Unlawfully organised the delivery of
dangerous drugs.
6
11 February
2008
7
15 February
2008
28 years penal servitude and Rs 3000
costs.
as costs.
Possession of 145.1 grams of heroin Accused 1 - 9 years penal servitude,
for the purpose of distribution.
a fine of Rs 100,000, and Rs 2000 as
costs.
Accused 2 11 years penal
servitude, a fine of Rs 200,000 and
Rs 2000 as costs.
Manslaughter
14 years penal servitude and
Rs
2000 as costs
P a g e | 57
Prisons
8
10 22
2008
February Importation of 232.8 grams of
heroin.
February Importation of heroin contained in
688.1 grams of light brown powder
and in 429.4 grams of brownish
powder.
February Possession of 4066.1 grams of heroin
for the purpose of delivery.
11 27
2008
February Possession of 559.7 grams of heroin 11 years penal servitude, a fine of
for the purpose of selling
Rs 200,000 and Rs 2000 as costs.
9
19
2008
19
2008
11 years penal servitude, a fine of
9 years penal servitude, a fine of Rs
Rs 200,000 and Rs 5,000 costs.
12 4 March 2008
Importation of heroin contained in 10 years penal servitude, a fine of
320 grams of brownish powder.
Rs 200,000, and Rs 2000 as costs.
13 7 March 2008
Importation of 813 grams of heroin.
14 10 March 2008
Possession of 159.65 grams of heroin 9 years penal servitude and a fine of
Rs 200,000 and Rs 2000 costs.
15 11 March 2008
Importation of 585.5 grams of heroin
16 14 March 2008
Importation of 568.4 grams of heroin
17 18 March 2008
18 19 March 2008
8 years penal servitude, a fine of Rs
Accused 1 - 19 years penal servitude
and
Rs 3000 as costs.
Accused 2 - 22 years penal servitude
and Rs 3000 as costs.
Possession of 1033.4 grams of heroin Both accused 24 years penal
of 7% purity for the purpose of servitude and Rs 2000 as costs.
delivery.
Manslaughter
19 24 March 2008
Importation of cocaine contained in 12 years penal servitude and a fine
2381.2 grams of whitish powder.
of Rs 100,000 and Rs 2000 as costs.
20 28 March 2008
Possession of 2890 grams of heroin 35 years penal servitude and
5000 as costs.
Rs
21 18 April 2008
Rs
22 6 May 2008
Transportation of 3617 grams of 26 years penal servitude and
cannabis
3000 as costs.
Manslaughter
23 21 May 2008
Murder of his son aged 3.
24 26 May 2008
Rs
3000 as costs.
Possession of 709.735 grams of 28 years penal servitude under count
heroin for the purpose of selling. 1 and a fine of Rs 500,000 under
Possession of 3445 euros, knowing count 2 and Rs 2000 as costs.
same to be derived from the selling
of heroin.
P a g e | 58
Prisons
25 27 May 2008
Possession of 117.7 grams of heroin
Possession of 0.35 grams of
cannabis.
Possession of heroin found on a
metal scale.
26 4 June 2008
Importation of 2500 grams of heroin
27 13 June 2008
Possession of 44.1 grams of cannabis
- for the purpose of selling
and
canabis
seeds.
cannabis for the purpose of selling.
cannabis seeds for the purpose of
cultivation.
stems.
28 20 June 2008
29 26 June 2008
30 30 June 2008
31 1 July 2008
32 2 July 2008
33 3 July 2008
10 years penal servitude and a Rs
200,000
under
count
1.
3 months' imprisonment and a fine
of Rs 25,000 under the other two
counts
which
sentence
of
imprisonment to run concurrently
with the one passed under count 1,
12 years penal servitude,
Rs
200,000 fine and Rs 2000 as costs.
In respect of counts 2 and 5 - 3
months imprisonment under each of
those counts and
a fine not
exceeding
Rs
25,000
.
In respect of counts 1 and 3 - 10
years' penal servitude under each of
those counts and
a fine of Rs
100,000.
In respect of count 4 - 20 years penal
servitude.
All sentences to run concurrently and
Rs 5000 as costs.
Possession of dangerous drug for the 30 years of penal servitude and Rs
purpose of distribution, to wit: - 3000 as costs.
cocaine with a purity level of 89%
contained in 2381.2 grams of whitish
powder
Murder of his wife aged 29. 35 years penal servitude under each
Murder of his daughter aged 5.
count and Rs 2000 as costs.
Manslaughter
as costs.
Possession of 178.8 grams of heroin. Accused 1 - 30 years penal servitude
and
Rs 5000 as costs.
Accused 2 - a fine of Rs 100,000
Importation of 1483.5 grams of 20 years penal servitude and
Rs
brown powder. Suspected to be 2000 as costs.
heroin
Importation of 503.5 grams of heroin 11 years penal servitude, a fine of
Rs 200,000 and Rs 2000 as costs
34 15 July 2008
Murder
35 30 July 2008
Murder
2000 as costs.
3000.
P a g e | 59
Rs
Rs
Prisons
36 31 July 2008
37 11 August 2008
38 20 August 2008
cannabis for the purpose of
distribution
Possession of 869.3 grams of heroin
for the purpose of delivery.
5000 as costs.
Rs
5000 as costs.
Rs
Importation of 100 grams of cocaine.
Rs
5000 as costs.
39 08 September Murder of his wife.
Rs
2008
3000 as costs.
40 17 September Possession of 486.6 grams of heroin Accused 1 - 11 years penal servitude,
2008
a fine of Rs 300,000 and Rs 4000.
Accused 2 - 10 ½ years penal
servitude, a fine of Rs 200,000 and
Rs
3000
as
costs.
Accused 3 - 11 years penal servitude,
a fine of Rs 300,000 and Rs 3000 as
costs.
41 10 October 2008 Attempt to possess 283.7 grams of 30 years penal servitude and
Rs
heroin for the purpose of delivery.
5000 as costs.
42 14 October 2008 Manslaughter
2000 as costs.
43 29 October 2008 Manslaughter
2000 as costs.
44 24
November Assault with premeditation causing 18 years penal servitude and
2008
death.
2000 as costs.
73. The Prison Authorities may consider whether separate accommodation
should be reserved for long time servers and whether they should be
submitted to a special regime.
They should be given a chance of
rehabilitation if they are still young.
74. In many cases the long time servers (especially in drugs cases) are not
entitled to any remission. Some of them tend to misbehave when they know
that they have nothing to gain by being cooperative. As we have pointed out
in previous annual reports they have to be encouraged to be of good
P a g e | 60
Rs
Rs
Rs
Prisons
behaviour. This is where educational programmes of a formal or non formal
nature would help.
75. In 2008 some 16 detainees took part in the exams for the Certificate of
Primary Education.
Two foreign detainees followed distance learning
courses from the University of South Africa (UNISA) in Law and Marketing.
Thirteen detainees attended secondary education classes. It was expected
that 6 of them would take part in General Certificate of Education (London)
Ordinary Level Exams.
76. Others followed courses run by the Industrial and Vocational Training Board
in gas welding and metalwork. Courses in pipefitting and woodwork will
soon be offered. Detainees are informed orally about the opportunity to
follow courses.
Further, notices about the courses are placed in the
association yards. Women detainees have been encouraged to take part in the
Empowerment Programme run by the Government to become small
entrepreneurs who may set up a small business on their release. Schemes in
beauty care, hairdressing are run for women detainees.
P a g e | 61
Prisons
77. Detainees are also involved in farming activities and the excess of farm
produce is sold on the local market.
78. The National Human Rights Commission organized a workshop to train
teachers to teach Kreol in the prisons. The Workshop was also attended by
Prisons Welfare Officers. Although Kreol has not yet obtained any official
status, it is being taught in Pre-Vocational Schools and other schools by the
Bureau d‟Education Catholique. Kreol is a useful tool to enable socially
disadvantaged persons to acquire education.
79. In 2008 the NHRC produced a Manual for the benefit of detainees to inform
them about their rights and responsibilities in prison. The Manual is based on
the Prisons Regulations and exists in the English, French and Kreol versions.
80. Methadone therapy was ongoing in the prisons for those suffering from
HIV/AIDS. The needle exchange programme was not implemented in the
prisons.
81. Detainees who are remanded to jail as well as convicted detainees who go to
prison for the first time should receive proper attention from Prisons Welfare
P a g e | 62
Prisons
officers. A young man suspected of involuntary homicide in a road accident
related the humiliating experience of having to undress himself completely
for a body search and alleged he was the victim of taunting remarks.
82. The Correctional Youth Centre is a detention centre for boys. It has an
authorized accommodation of 43 and as at 31 December 2008 it housed 14
inmates (1 convicted and 13 on remand).
83. There are at present 5 detainees on remand at Beau Basin Prison for a period
of over 3 years.
They are foreigners accused of drug dealing with
aggravating circumstances. It is expected that this backlog will be cleared in
2009 and that the accused will be tried within a reasonable time.
84. The National Preventive Mechanism provided for under the Optional
Protocol to the Convention against Torture will be set up by Act of
Parliament in 2009.
P a g e | 63
Administration of Justice
CHAPTER VI
ADMINISTRATION OF JUSTICE
85.
The newly set up Criminal Division of the Supreme Court was fully
operational in 2008 with two judges sitting full time to hear assize cases.
This was a remarkable improvement from the situation that existed before.
86.
The Criminal Division heard more than 46 cases, thus dealing effectively
with the backlog of serious criminal cases. There were convictions in 44
cases and 2 cases were dismissed.
87.
At the end of the year there were still some 5 cases pending where detainees
had been on remand for more than 3 years.
88.
With proper case management Mauritius could become an outstanding
example of a judicial system where there are no delays in the administration
of justice.
89.
A few members of the public complain about warrants of arrest being issued
for non appearance in Court or non-payment of fines. In a previous Annual
Report the National Human Rights Commission strongly recommended that
warrants should not be issued outright, but that the culprits should be given a
P a g e | 64
chance to make amends. The police claim that they have no discretion in the
matter when there is an order from the Court.
90.
It is suggested that the police or an usher should warn the culprits in the first
instance and that an arrest should be a measure of last resort. The practice
of arresting culprits in the early hours of the morning with an unusual show
of force to discourage any resistance continues to prevail.
91.
A complaint was received from somebody who had been sentenced to prison
for contempt of court. The Complainant insisted on repeating his allegations
and refused to understand how justice is administered. According to him he
and his family had been the victims of severe injustice and he persisted in
rejecting the verdict of the Court. The exact elements of the offence should
be made clear to litigants and members of the public. This would help to
enhance respect for the administration of justice and for judicial officers.
92.
The project to introduce the French System of „juge d‟instruction‟ seems to
have been abandoned. It has suffered criticism from the French President
more recently.
A revamping of the powers of the Director of Public
P a g e | 65
Prosecutions for a closer oversight of police enquiries (at least in serious
cases) could be a substitute.
93.
The National Human Rights Commission maintains the view that a system
of Juge d‟application des peines could be set up in Mauritius to enable the
Courts to follow up on sentencing of convicted persons and the subsequent
outcome
94.
The Commission received a complaint from a 19 year old student who was
involved in a motorcycle incident which led to the death of a pedestrian. He
was himself injured; he was arrested in hospital and taken to Court. As his
relatives could not provide the surety on the same day, he was remanded to
jail at Beau Bassin prison. It was a traumatic and humiliating experience for
a young student who had to spend one night in the company of criminals.
Had the Magistrate been aware of the circumstances, he would probably
have agreed to release the young man on parole.
95.
The Extradition Act, as it stands at present, does not allow for the release on
bail of a person against whom an extradition order has been made. One H.
was subjected to such an order of committal to prison until his surrender to
the United Kingdom for trial for offences he had allegedly committed there,
namely obtaining a money transfer by deception, forgery and money
P a g e | 66
laundering. He applied for the issue of a writ of habeas corpus from the
Supreme Court. Pending the determination of his application, he wished to
be released on bail for medical reasons, but his request was turned down,
though he was prepared to furnish adequate surety. Section 11(6) of the
Extradition Act is as follows:(11)
(6)
Where the Magistrate is of the opinion that it would be dangerous
to the life or prejudicial to the health of the person to commit him
to prison, he may, in lieu of committing him to prison, by warrant,
order that he be held in custody at the place where he is for the
time being, or at any other place to which the Magistrate considers
that he can be removed without danger to his life or prejudice to
his health, until such time as he can without such danger or
prejudice be committed to prison or until he is surrendered.
96.
When he was transferred to the United Kingdom he was released on bail
over there pending his trial. It is recommended that the law should be
amended to allow the Courts to release a person on bail with sufficient
safeguards so that he does not leave the country, pending an appeal,
although he is the subject of an extradition order.
97.
In the case of Boucherville v. The State of Mauritius (Privy Council No.70 of
2007) the Judicial Committee of the Privy Council ruled that the imposition
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of a mandatory sentence of penal servitude for life is unconstitutional. The
Board considered the sentence to be manifestly disproportionate and
arbitrary and contrary to section 10 of the Constitution of Mauritius. The
Board quoted LJ Laws in R V. Secretary of State for the Home Department
(2007) EWHC 1009.
„Yet a prisoner‟s incarceration without hope of release is in many
respects in like case to a sentence of death. He can never atone for
his offence. However he may use his incarceration as time for
amendment of life, his punishment is only exhausted by his last
breath.”
98.
The Supreme Court later amended the sentence of Boucherville to a
determinate one.
The same principle was applied in the case of
Philibert.
99.
In the case of Callachand v. The State (Privy Council Petition No. 44
of 2008) the Judicial Committee ruled that sentence spent on remand
should be taken into account when the Court sentenced an accused
party after conviction.
“It seems to be clear too that any time spent in custody prior to
sentencing should be taken fully into account, not simply by means
of a form of words but by means of an arithmetical deduction when
assessing the length of the sentence that is to be served from the
date of sentencing.
We find it difficult to believe that the
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conditions which apply to prisoners held on remand in Mauritius
are so much less onerous than those which apply to those who
have been sentenced that the time spent in custody prior to
sentence should not be taken fully into account. But if that is
thought to be the position there should be clear guidance as to the
extent to which time spent in custody prior to sentence should not
be taken fully into account because of the difference between the
prison conditions which apply before and after sentence. That is
something which, as is seems to their Lordships, should now be
considered by the Supreme Court, as it is familiar with local
conditions and will be able to apply its own knowledge to this case.
Conditions on remand in police detention centres can actually be harsher
than conditions in prison because of lack of facilities.
100. The Commission on the Prerogative of Mercy, if it is seized of the
matter, could look at all the cases of detainees where time spent on
remand was not taken into account at the time of sentencing. If the
detainee satisfies the Commission, the period on remand could be
deducted from the sentence by the Commission exercising the powers
granted to it under section 75 of the Constitution.
101. In the year 2008 the Judicial Committee of the Privy Council sat in
Mauritius to hear four appeals.
This was a historic occasion where
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Mauritius had the opportunity to see the highest court of appeal of Mauritius
at work in Mauritius. However, it has not been shown that the costs are less
onerous or that accessibility to the Judicial Committee of the Privy Council
has been facilitated. The Judicial Committee will undoubtedly remain our
highest Court of Appeal. But there is still a necessity to create a full fledged
Court of Appeal in Mauritius.
The Supreme Court cannot continue to
function as a Supreme Court and as a Court of Criminal or Civil Appeal
where judges may sit on appeal from the judgments of their brother judges.
102. In October 2008 National Human Rights Institutions held their Ninth
International Conference in Nairobi and produced a Declaration on the role
of National Human Rights Institutions (NHRIs) in the Administration of
Justice (Annex VI).
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Director of Public Prosecutions
CHAPTER VII
DIRECTOR OF PUBLIC PROSECUTIONS
103.
A person who had been convicted of murder and sentenced to 30
years penal servitude wrote to the National Human Rights Commission to
complain of the fact that the Director of Public Prosecutions had appealed
against the sentence on the ground that it was wrong in law and lower than
the mandatory sentence of 45 years. He was of the view that this was unfair,
as he had been sufficiently punished.
104.
The law now grants the discretion to the judge who has presided over
the trial to impose a sentence which meets the ends of justice and no longer
compels him to impose a mandatory sentence for murder. The Commission
cannot intervene in decisions taken by the DPP, but wrote to the DPP to
draw his attention to the case.
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Educational Activities
CHAPTER VIII
EDUCATIONAL ACTIVITIES
105.
The Commission (including the Sex Discrimination Division)
continued with its series of activities to raise awareness of Human Rights.
The audience at various workshops consisted of police officers, officers
from the Administrative Cadre in the public service, students from primary
and secondary schools including those from Rodrigues.
Talks on sex
discrimination and sexual harassment were also delivered to students,
factory workers, women at women‟s centres, representatives of Ministries
and also to the Mauritius Council of Social Services.
The Sex
Discrimination Division also participated in two workshops an HIV/AIDS
and Gender Policy and on Domestic Violence organized by the Family
Protection Unit.
106.
A 3 day working session was held with the assistance of the UNDP on
Police Oversight and Complaints Mechanism. Resource persons came from
the Office of the High Commissioner for Human Rights, from the United
Nations Office on Drugs and Crimes (UNODC) in Vienna and from the
Independent Police Complaints Commission of the United Kingdom. The
participants were senior officers from the Prime Minister‟s Office, Supreme
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Educational Activities
Court, State Law Office, Independent Commission against Corruption,
Ministry of Foreign Affairs, University of Mauritius, the Mauritius Police
Force and the Prisons Department.
107.
Interviews on television, radio and to the press were also given to
raise awareness on topical human rights issues.
There was also active
participation in mock trials organized by the Mauritius Family Planning
Association and the University of Mauritius Law Society which canvassed
issues of domestic violence, HIV/AIDS and reproductive rights.
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Summary of Recommendations
CHAPTER IX
SUMMARY OF RECOMMENDATIONS
108.
A review of the Constitution is due after forty years of independence.
This revision should ideally be a consolidation exercise. It would present an
opportunity to introduce a safeguard for economic and social rights in the
Constitution and to ensure a fairer representation of women in the National
Assembly.
109.
Citizens should be empowered to enter class actions to seek relief
from the Court for breaches of human rights.
110.
The Commissioner of Police should give instructions to officers to
inform the relatives of arrested persons about their arrest and their
whereabouts.
111.
Detainees in the custody of the Police should be allowed to receive the
visits of relatives.
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112.
Detainees in police custody should be granted the right to receive food
from outside sources after thorough checking.
113.
Police authorities should ensure that police cells are kept clean and
hygienic.
114.
Minors should not be detained in police cells. Their relatives should
be contacted, whatever be the time.
115.
The problem of women political representation could be solved by
affirmative action.
116.
The Commissioner of Prisons should consider transferring more
detainees to Richelieu Open Prison after proper screening.
117.
Prisoners who are seriously ill could be released on parole by the
Parole Board.
118.
A special regime could be established for prisoners who are sentenced
to long terms of imprisonment.
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119.
The French model of a Juge d‟application des peines could be
introduced in Mauritius to enable the Courts to follow up on the sentencing
of convicted persons.
120.
While maintaining the Judicial Committee of the Privy Council as a
final court of appeal, a Court of Appeal which does not consist of Judges of
the Supreme Court could be set up in Mauritius to enable litigants to appeal
locally.
121.
Persons against whom an extradition order has been pronounced
should not necessarily be imprisoned pending their extradition, if they have
appealed against the order.
122.
Where the Court has not taken into account the time spent on remand
when sentencing a convicted person, the latter may appeal to the
Commission on the Prerogative of Mercy for a reduction of his sentence.
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ANNEX
I- Protection of Human Rights Act 1998
Extracts from
THE PROTECTION OF HUMAN RIGHTS ACT 1998
An Act
To provide for the setting up of a National Human Rights Commission, for the better
protection of human rights, for the better investigation of complaints against members
of the police force, and for matters connected therewith or incidental thereto
ENACTED by the Parliament of Mauritius, as follows:
1.
Short title
This Act may be cited as the Protection of Human Rights Act 1998.
……………
……………
4.
Functions of the Commission
(1)
Subject to subsection (2), the Commission may, without prejudice to the
jurisdiction of the Courts or the powers conferred on the Director of Public
Prosecutions or the appropriate Service Commission(a)
enquire into any written complaint from any person alleging that any
of his human rights has been, is being or is likely to be violated by
the act or omission of any other person acting in the performance of
any public function conferred by any law or otherwise in the
performance of the functions of any public office or any public body;
(b)
enquire into any other written complaint from any person against an
act or omission of a member of the police force in relation to him,
other than an act or omission which is the subject of an investigation
by the Ombudsman;
(c)
where it has reason to believe that an act or omission such as is
referred to in paragraph (a) or (b) has occurred, is occurring or is
likely to occur, of its own motion enquire into the matter;
(d)
visit any police station, prison or other place of detention under the
control of the State to study the living conditions of the inmates and
the treatment afforded to them;
(e)
review the safeguards provided by or under any enactment for the
protection of human rights;
(f)
review the factors or difficulties that inhibit the enjoyment of human
rights;
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ANNEX
(g)
(2)
(a)
(b)
exercise such other functions as it may consider to be conducive to
the promotion and protection of human rights.
The Commission shall not enquire into any matter after the expiry of
2 years from the date on which the act or omission which is the
subject of a complaint is alleged to have occurred.
The Commission shall not exercise its functions and powers in
relation to any of the officers and authorities specified in the proviso
to section 97 (2) of the Constitution.
(3)
The Commission shall, in the first place, attempt to resolve any complaint, or
any matter which is subject of an enquiry pursuant to subsection (1) (c), by a
conciliatory procedure.
(4)
Where the Commission has not been able to resolve a matter through
conciliation, it shall, on the completion of its enquiry –
(a) where the enquiry discloses a violation of human rights or negligence
in the prevention of such violation, refer the matter to –
(i)
(ii)
(iii)
(b)
the Director of Public Prosecutions where it appears that an
offence may have been committed;
the appropriate Service Commission where it appears that
disciplinary procedures may be warranted;
to the chief executive officer of the appropriate public body
where it appears that disciplinary action is warranted against
an employee of a public body who is not within the
jurisdiction of a Service Commission;
recommend the grant of such relief to the complainant or to such other
person as the Commission thinks fit;
(c)
(5)
(6)
inform the complainant, if any, of any action taken under this
subsection.
The Commission shall, on the completion of its enquiry, send a written
communication setting out its conclusion and any recommendation to the
Minister who shall, as soon as practicable, report to the Commission the
action taken or proposed to be taken.
(a)
Where any person makes a written complaint to a police officer
against an act or omission of another police officer in relation to him,
the Commissioner of Police shall, as soon as is reasonably
practicable –
(b)
(i)
forward to the Secretary of the Commission a copy of the
complaint; and
(ii)
inform the Commission of any criminal or disciplinary
proceedings taken or to be taken as a result of the complaint.
The Commission may require the Commissioner of police to provide
it with such further information as it thinks fit in relation to any
matter referred to in paragraph (a).
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ANNEX
(c)
6.
Where, in relation to any matter referred to in paragraph (a), the
Commission is informed that no criminal or disciplinary proceedings
are to be taken, it may enquire into the matter and exercise in relation
thereto any of the powers conferred upon it under this Act.
Powers and duties of the Commission
(1)
(2)
(3)
(4)
The Commission may, for the purposes of this Act –
(a)
summon witnesses and examine them on oath;
(b)
call for the production of any document or other exhibit;
(c)
obtain such information, file or other record, if necessary by an order
from the Judge in Chambers, as may be necessary for the exercise of
its functions.
Any officer of the Commission specially authorised in that behalf by the
Chairman may, on a warrant issued by the Commission, enter any building
or place where the Commission has reason to believe that any document or
other exhibit relating to the subject matter of an enquiry may be found and
may seize any such document or other exhibit or take extracts or copies
therefrom.
Every order, authorisation, warrant or decision of the Commission shall be
authenticated by the Secretary of the Commission or any other officer of the
Commission duly authorised by the Chairman in that behalf.
The Commission shall regulate its meetings and proceedings in such manner
as it thinks fit, and three members shall constitute a quorum.
……….
……….
8.
Protection of witnesses
Notwithstanding any enactment but subject to section 13, no statement made
by any person in the course of giving evidence before the Commission or made by
or to any person whose services are utilised under section 7 (1) shall, where it is –
(a)
(b)
made in reply to a question which he is required by the Commission
to answer; or
relevant to the subject matter of the inquiry,
subject the maker of the statement to, or be used against him in, any civil or criminal
proceedings, unless he has given false evidence in the statement.
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ANNEX
Proviso to Section 97 (2) of the Constitution
INSTITUTIONS OUTSIDE JURISDICTION OF NHRC
(i)
the President or his personal staff;
(ii)
the Chief Justice;
(iii) any Commission established by the Constitution or its staff; (please see NOTE)
(iv)
the Director of Public Prosecutions or any person acting in accordance with his
instructions;
(v)
any person exercising powers delegated to him by the Public Service Commission
or the Disciplined Forces Service Commission, being powers the exercise of which
is subject to review or confirmation by the Commission by which they were
delegated.
NOTE – The Commissions established under the Constitution are the following:
(1)
Commission on the Prerogative of Mercy
(Section 75)
(2)
Disciplined Forces Service Commission
(Section 90)
(3)
Electoral Boundaries Commission
(Section 38)
(4)
Electoral Supervisory Commission
(Section 38)
(5)
Judicial and Legal Service Commission
(Section 85)
(6)
Public Service Commission
(Section 88)
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ANNEX II- Sex Discrimination Act 2002
EXTRACTS FROM THE SEX DISCRIMINATION ACT 2002
AN ACT
To provide for the elimination of all forms of gender discrimination and sexual harassment in certain
areas of public activity
ENACTED by the Parliament of Mauritius, as follows PART I – PRELIMINARY
1.
Short title
This Act may be cited as the Sex Discrimination Act 2002
……
……
PART II – PROTECTION AGAINST UNLAWFUL DISCRIMINATION
4.
Definition and prohibited grounds of discrimination
(1)
For the purposes of this Act, a person discriminates against another person if the firstmentioned person makes, on any of the grounds specified in subsection (2), any distinction,
exclusion or preference, the intent or effect of which is to nullify or impair equality of
opportunity or treatment or employment
(2)
The grounds referred to in subsection (1) are
(a)
sex, marital status, pregnancy or family responsibility; or
(b)
a characteristic that generally appertains, or is imputed, to a person of the same
sex or marital status as that other person, or to a person who is pregnant or has
family responsibility.
(3)
Any act or omission or any practice or policy that directly or indirectly results in
discrimination against a person on a ground referred to in subsection (2), is an act of
discrimination regardless of whether the person responsible for the act or omission or the
practice or policy, intended to discriminate and shall constitute an offence.
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5.
Discrimination in employment
(1)
No employer shall, in relation to recruitment, selection or employment of any other
person for purposes of training, apprenticeship or employment, discriminate against that other person
on the grounds of sex, marital status, pregnancy or family responsibility in (a)
the advertisement of the job;
(b)
the arrangements made for the purpose of determining who should be offered that
employment;
(c)
determining who should be offered employment;
(d)
the terms or conditions on which employment is offered;
(e)
the creation, classification or abolition of jobs.
(2)
No employer shall discriminate against an employee on the grounds of the employee's
sex, marital status, pregnancy or family responsibility (a)
in the terms or conditions of employment afforded to that employee by the
employer;
(b)
in conditions of work or occupational safety and health measures;
(c)
in the provision of facilities related to or connected with employment;
(d)
by denying the employee access, or limiting access to opportunities for
advancement, promotion, transfer or training, or to any other benefits, facilities
or services associated with employment;
(e)
by retrenching or terminating the employment of the employee; or
(f)
by subjecting the employee to any other detriment.
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6.
Reasonableness test
(1)
a person does not discriminate against another person by imposing or proposing to
impose, on that other person, a condition, requirement or practice that has, or is likely to have, a
disadvantaging effect, where the condition, requirement or practice is reasonable in the circumstances.
(2)
The matters to be taken into account in determining whether or not a condition,
requirement or practice is reasonable in the circumstances include-
7.
(a)
the nature and extent of the disadvantage resulting or likely to result, from the
imposition or proposed imposition of the condition, requirement or practice;
(b)
the feasibility of overcoming or mitigating the disadvantage; and
(c)
whether the disadvantage is proportionate to the result sought to be achieved by
the person who imposes, or proposes to impose the condition, requirement or
practice.
Charities
(1)
Nothing in Part II or III shall affect(a)
a provision in a deed, will or other document, whether made before or after the
coming into operation of this Act, that confers charitable benefits or enables
charitable benefits to be conferred on persons on the basis of the grounds set out
in section 4 (2) of this Act; or
(b)
an act that is done in order to give effect to such a provision.
(2.)
In this section, "charitable benefits" means benefits for purposes that are charitable
according to the objects of the body concerned.
8.
Religious bodies
This Act shall not apply to(a)
the ordination of a priest, a minister of religion or a member of a religious order;
(b)
the training or education or persons seeking ordination or appointment as priest,
ministers of religion or a member of a religious order;
(c)
the selection or appointment of a person to perform duties or functions for the purpose
of, or in connection with, or otherwise to participate in any religious observance or
practice; or
P a g e | 83
(d)
9.
any other act or practice of a body established for religious purposes, if it is an act or
practice that conforms to the doctrines, tenets or beliefs of that religion or is necessary
to avoid injury to the religious susceptibilities or adherents to that religion.
Special measures intended to achieve equality
A person may take special measures for the purpose of achieving substantive equality between
–
10.
(a)
men and women;
(b)
people of different marital status; or
(c)
women who are pregnant
Discrimination against contract workers
No person shall discriminate against a contract worker on the grounds of the contract worker's
sex, marital status, pregnancy or family responsibility -
11.
(a)
in the terms or conditions on which the job contractor allows the contract worker to
work;
(b)
by not allowing the contract worker to work or continue to work
(c)
by denying the contract worker access, or limiting the contract worker's access, to any
benefit associated with the work in respect of which the contract with the job contractor
was made; or
(d)
by subjecting the contract worker to any other detriment.
Discrimination by employment agencies
No employment agency shall discriminate against a person on the ground of the person's sex,
marital status, pregnancy or family responsibility -
12.
(a)
by refusing to provide the person with any of its services;
(b)
in the terms or conditions on which it offers to provide the person with any of its
services; or
(c)
in the manner in which it provides the person with any of its services.
Discrimination in relation to professions, traders or occupations.
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No person who is empowered to confer, renew, extend, revoke or withdraw an authorisation or
qualification that is needed for or facilitates the practice of a profession, the carrying on of a trade or
the engaging in an occupation, shall discriminate against a person on the grounds of the person's sex,
marital status, pregnancy or family responsibility –
13.
(a)
by refusing or failing to confer, renew or extend the authorisation or qualification to
whom that person is entitled;
(b)
in the terms or conditions on which it is prepared to confer, renew or extend the
authorisation or qualification;
(c)
by revoking or withdrawing the authorisation or qualification or varying the terms on
which it was conferred, renewed or extended.
Bona fide occupational qualifications
(1)
Any distinction, exclusion or preference made by an employer pursuant to section 6(1),
or a job contractor against a contract worker pursuant to section 10, or an employment agency pursuant
to section 11, on the ground of that other person's, or the contract worker's sex, as the case may be, in
connection with a position as an employee or a contract worker, being a position in relation to which it
is a genuine occupational qualification to be a person of the opposite sex to that of the other person or
contract worker, shall not be regarded as a discrimination.
(2)
For the purposes of this Act, a genuine occupational qualification, in relation to a
particular job, includes (a)
being of a particular sex when the duties of the position can only be performed
by a person having particular physical attributes, other than attributes of strength
or stamina, that are not possessed by a person of the opposite sex;
(b)
the duties of the position involve performing in a dramatic performance or other
entertainment in a role that, for reasons of authenticity, aesthetics or tradition, is
required to be performed by a person of the relevant sex;
(c)
the duties of the position need to be performed by a person of the relevant sex to
preserve decency or privacy because they involve the fitting of clothing for
persons of that sex;
(d)
the duties of the position include the conduct of searches of the clothing or
bodies of persons of the relevant sex;
the nature of the establishment, where the work is carried out, required the job
to be held by a person of a particular sex because -
(e)
(i)
it is a hospital, prison, or other establishment for persons requiring
special care, supervision or attention;
P a g e | 85
(f)
(ii)
those persons are all of the same sex, except where the presence of a
person of the opposite sex is exceptionally require; and
(iii)
it is reasonable, having regard to the essential character of the
establishment that the job should not be held by a person of the opposite
sex, or
the holder of the job who provides persons with personal services promoting
their health, welfare or education, and those services can most effectively be
provided by a person of a particular sex.
PART III - DISCRIMINATION IN OTHER AREAS
14.
Discrimination in education
(1)
Subject to subsection (2), no institution shall discriminate (a)
(b)
against a person on the ground of the person's sex, marital status or pregnancy(i)
by refusing, or failing to accept, the person's application for admission as
a student; or
(ii)
in the terms or conditions on which it is prepared to admit the person as
a student; or
against a student on the ground of the student's sex, marital status, or pregnancy
by (i)
denying the student access or limiting the student's access, to any benefit
provided by the educational institution;
(ii)
expelling the student; or
(iii)
subjecting the student to any other detriment.
(2)
An educational institution, other than a tertiary education institution, may refuse or fail
to accept a person's application for admission as a student at an education institution, where -
15.
(a)
the institution is only open to students of the opposite sex; or
(b)
education or training at the level at which the person is seeking education or
training is provided by the institution only, or mainly, to students of opposite
sex.
Discrimination in the provision of goods, services or facilities
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No person who, for payment or otherwise, provides goods or services, or makes facilities
available, by way of trade, business or occupation, shall discriminate against another person on the
ground of that other person's sex, marital status or pregnancy-
16.
(a)
by refusing or failing to provide that other person with those goods or services or to
make those facilities available to other person; or
(b)
in the terms or conditions on which, or manner in which, he provides that other person
with those goods or makes those facilities available to that other person.
Discrimination in accommodation
No person shall discriminate against another person on the ground of that other person's sex,
marital status, or pregnancy(a)
by refusing that other person's application for accommodation;
(b)
by deferring that other person's application for accommodation, or according him or her
a lower order precedence on any list of applicants for accommodation;
(c)
in the terms or conditions on which accommodation is offered to that person;
(d)
by denying that other person, or limiting that other person's access, to a benefit
associated with accommodation occupied by that other person;
(e)
by evicting that other person from accommodation occupied by him or her; or
(f)
by subjecting that other person to any other detriment in relation to accommodation
occupied by him or her.
17.
Discrimination regarding disposal of property
(1)
Subject to subsection (2), no person shall discriminate against another person on the
ground of that other person's sex, marital status or pregnancy(a)
by refusing or failing to dispose of any immovable property to that other person;
or
(b)
in the terms or conditions on which any immovable property is offered to the
other person.
(2)
Subsection (1) shall not apply to any law making provision for the matters set out in
section 16(4) of the Constitution.
18.
Discrimination in companies, partnerships or other associations
P a g e | 87
(1)
Where a number of persons propose to set up a company, "société" or association, none
of them shall discriminate against another person on the ground of the person's sex, marital status or
pregnancy (a)
in determining who should be invited to become a member of the company'
"société" or registered association; or
(b)
in the terms or conditions on which that other person is invited to become a
member.
(2)
A company, "société" or registered association or a member thereof shall not
discriminate against a member or another member, as the case may be, on the ground of that other
person's sex, marital status or pregnancy(a)
(b)
(c)
(d)
19.
in a manner specified in subsection (1)(a) or (b);
by denying the member of other member access, or limiting access, or limiting
the member or other member's access, to a benefit arising from membership;
by expelling the member or other member; or
by subjecting the member or other member to any other detriment.
Discrimination in clubs
(1)
Subject to subsection (2), a club or a member or agent of the club thereof shall not
discriminate (a)
against a person on the ground of that person's sex; marital status or pregnancy(i)
(ii)
(b)
by refusing or failing to accept that person's application for membership;
or
in the terms or conditions on which the club is prepared to admit the
person to membership;
against a member of the club on the ground of that member's sex, marital status
or pregnancy(i)
in the terms or conditions of membership that are afforded to the
member;
(ii) by refusing or failing to accept the member's application for admission
to a class or type of membership;
(iii)
by denying the member's access, or limiting the member's access, to any
benefit provided by the club;
(iv)
by depriving the member of membership or varying the terms of
membership; or
(v)
by subjecting the member to any other detriment.
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(2)(a) Subsection (1) shall not apply to a club the membership of which is
persons of one sex only.
(b)
available to
Subsection (1)(b)(iii) shall not apply to an act of discrimination in relation to the use or
enjoyment of any benefit provided by the club where (i)
it is not practicable for the benefit to be used or enjoyed by men and women
simultaneously, or to the same extent; and
(ii)
the same or an equivalent benefit is available to persons of opposite sex, or men
and women are entitled to a reasonable share of the use or enjoyment of the
benefit.
PART IV - SEXUAL HARASSMENT
20.
Acts of sexual harassment
(1)
A person sexually harasses another person where, in circumstances in which a
reasonable person would have foreseen that that other person would be humiliated, offended or
intimidated, he(a)
makes an unwelcome sexual advance, or an unwelcome request for a sexual
favour to that other person; or
(b)
engages in any other unwelcome conduct of a sexual nature towards that other
person.
(2)
For the purposes of subsection (1)(b), "conduct" includes making an outrageous
statement of a sexual nature, to a person, or in the presence of a person, whether the statement is made
orally or in writing.
21.
Prohibition of sexual harassment
(1)
No employer, or agent of an employer, shall sexually harass an employee or a person
seeking employment from the employer.
(2)
No job contractor or principal shall sexually harass a contract worker.
(3)
No employee shall sexually harass a fellow employee or a person seeking employment
from his employer.
(4)
No officer or employee of an employment agency shall sexually harass another person
in the course of providing, or offering to provide, any of the agency's services to that other person.
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(5)
No person referred to in section 12, or his or her employee shall sexually harass another
person in relation to the conferment, renewal, extension, revocation or withdrawal of an authorisation
or qualification referred to in that section.
(6)
(a)
No member of the staff of an educational institution shall sexually harass a
student at the institution or a person who is seeking admission as a student.
(b)
No student at an educational institution shall sexually harass another student or
a member of the staff
(7)
No person referred to in section 15 shall sexually harass another person in the course of
providing, offering to provide goods, services or facilities to that other person.
(8)
No person referred to in section 16 shall sexually harass another person in the course of
providing, or offering to provide, accommodation to that other person.
(9)
No person shall sexually harass another person in the course of dealing with that other
person in connection with –
(a)
disposing, or offering to dispose of, any immovable property to that other
person; or
(b)
acquiring, or offering to acquire, any immovable property
from that other person.
(10) No officer or member of a company, "société, registered association or club shall
sexually harass a member or other member, as the case may be, or a person seeking to become a
member.
PART V - INQUIRIES AND CIVIL PROCEEDINGS
22.
Establishment of a Sex Discrimination Division
(1)
There shall, for the purposes of this Act, be a Sex Discrimination Division which shall
be part of the National Human Rights Commission set up under the Protection of Human Rights Act,
and which shall consist of (a)
the Chairman of the National Human Rights Commission;
(b)
a Vice-Chairperson, who shall be a barrister or an attorney of not less that 10
years standing;
(c)
a person having knowledge of, or practical experience in matters relating to the
subject of human rights and discrimination, as member.
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(2)
The Vice-Chairperson and the member shall be appointed by the President, acting on
the advice of the Prime Minister, on such terms and conditions as the President thinks fit.
(3)
The Vice-Chairperson and the member shall hold office for a term of 5 years.
(4)
Subject to subsection (5), the Vice-Chairperson and the member shall be eligible for reappointment for a second term of 5 years.
(5)
The President may, on the advice of the Prime Minister, remove the Vice-Chairperson
and the member from office for inability to perform the functions of their office, whether arising from
infirmity of body or mind, or for misbehaviour.
(6)
Where any vacancy occurs in the office of the Vice-Chairperson by reason of death,
resignation or any other cause, the President any authorise the other member to act as ViceChairperson until the vacancy is filled.
(7)
Where the Vice-Chairperson is absent or on leave, the President may authorise the
member to discharge the functions of Vice-Chairperson until the date on which the Vice-Chairperson
resumes office.
(8)
A member shall not enter upon the duties of his or her office unless the member has
taken and subscribed before the President the oath set out in the Schedule.
23.
Functions of the Sex Discrimination Division
(1)
(2)
The functions of the Sex Discrimination Division shall be to(a)
receive and enquire into any written complaint relating to alleged infringements
of this Act;
(b)
cause such enquiries to be made into a complaint in such manner as it thinks fit;
(c)
endeavour by conciliation to effect a settlement of the matters to which the
alleged infringements relate;
(d)
make such recommendations as it deems appropriate to any relevant authority.
The Sex Discrimination Division shall also (a)
promote understanding and acceptance of, and compliance, with this Act;
(b)
undertake research and educational programs and other programs for the
purpose of promoting the objects of this Act;
(c)
prepare and publish in such manner as the Sex Discrimination Division
considers appropriate, guidelines for the avoidance of gender discrimination and
sexual harassment.
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24.
Powers and duties of the Division
(1)
The Division may, for the purposes of this Act (a)
summon witnesses and examine them on oath;
(b)
call for the production of any document or other exhibit;
(c)
conduct the inquiry with as little formality and technicality and with as much
expedition, as the requirements of this Act and a proper consideration of the
matters before the Division permit;
(d)
give directions relating to procedure that, in its opinion, will enable costs or
delay to be reduced and will help to achieve a prompt hearing of the matters at
issue between the parties;
(e)
give such directions as to procedures as it considers are appropriate or necessary
in the circumstances of each case.
(2)
The Sex Discrimination Division shall regulate its meetings and proceedings and shall
meet at such time and place as it thinks fit, and 2 members shall constitute a quorum.
25.
Resolution of complaint by conciliation
The Sex Discrimination Division -
26.
(a)
may endeavour, by all such means as to it seem reasonable, to resolve a complaint the
subject matter of an inquiry by conciliation; and
(b)
shall take all such steps as to it seem reasonable to effect an amicable settlement of a
complaint the subject matter of an inquiry and for this purpose may adjourn an inquiry
at any stage to enable the parties to negotiate with a view to settlement of the complaint
by amicable arrangements.
Findings of the Sex Discrimination Division
(1)
Where the Sex Discrimination Division has conducted an enquiry, it shall(a)
dismiss the complaint; or
(b)
find the complaint substantiated and make a determination, which may include a
declaration that (i)
the person against whom the complaint was made-
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(ii)
(iii)
(2)
(A)
has engaged in conduct which contravenes this Act and should
not continue or repeat such conduct;
(B)
should perform any reasonable act to redress any loss or damage
suffered by the complainant;
(C)
should employ or re-employ or promote the complainant; or
(D)
should pay to the complainant a reasonable sum by way of
compensation for loss or damage suffered; or
the termination of a contract should be varied to redress any
loss
or damage suffered by the complainant; or
it would be inappropriate for any further action to be taken in the matter.
Where the Sex Discrimination Division has not been able to resolve a matter through
conciliation, it shall on the completion of its inquiry (a)
where it finds that complaint is substantiated, refer the matter to –
(i) the Director of Public Prosecutions, if it deems fit to do so;
(ii) the Industrial Relations Commission or other appropriate
Commission as it deems fit;
(b)
recommend the grant of such relief to the complainant as it thinks fit;
(c)
inform the complainant, if any, of any action taken under this section.
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ANNEX III- UPRW Report 1
UNITED NATIONS General Assembly
Distr.
GENERAL
A/HRC/WG.6/4/MUS/1
30 October 2008
Original:
ENGLISH
HUMAN RIGHTS COUNCIL
Working Group on the Universal Periodic Review
Fourth session
Geneva, 2-13 February 2009
NATIONAL REPORT SUBMITTED IN ACCORDANCE WITH PARAGRAPH 15 (A)
OF THE ANNEX TO HUMAN RIGHTS COUNCIL RESOLUTION 5/1 *
Mauritius
I. METHODOLOGY AND CONSULTATION PROCESS
1. The Mauritius national report for this review has been prepared in line with the guidance provided in the “Elements
for a Roadmap” based on Human Rights Council resolution 5/1 of 18June 2007 and on the General Guidelines for the
Preparation of Information under the Universal Periodic Review” contained in Human Rights Council decision 6/102.
The national report covers the islands of Mauritius, Rodrigues, Agalega, Tromelin, Cargados Carajos and the Chagos
Archipelago, including Diego Garcia, and every other island comprised in the State of Mauritius.
2. In the process of producing the report, Government has invited for consultation established national human rights
institutions and a range of non-governmental organizations active in the promotion of human rights. The consultation
meeting was chaired by the Attorney-General. Many of those institutions and organisations made verbal as well as
written submissions which were taken into consideration in the finalisation of this report.
II. COUNTRY BACKGROUND AND HUMAN RIGHTS FRAMEWORK
3. The Republic of Mauritius, found in the south-west of the Indian Ocean, consists of the islands of Mauritius,
Rodrigues, Agalega, Tromelin, Cargados Carajos and the Chagos Archipelago, including Diego Garcia. It has a
population of about 1.2 million. Mauritius obtained its independence from Great Britain in 1968. Her Majesty the Queen
of Great Britain was the Head of State until 1992 when Mauritius became a Republic. There exists a parliamentary
democracy led by the Prime Minister as the Head of Government. The Head of State is the President of the Republic who
is elected by a majority of all members of the
Assembly on a motion made by the Prime Minister.
4. The State of Mauritius holds free and fair national and local elections at regular intervals. The conduct of these
elections is supervised by an independent Electoral Supervisory Commission. The National Assembly consists of 70
members of whom 62 are elected in accordance with the first-past-the-post system and the remaining eight are allocated
seats from among the best losers at general elections on a communal and party basis. Government is in the process of
consultation with the main political parties on the reform of the electoral system. In 2002, provision was made for a
decentralized form of Government in the island of Rodrigues by setting up the Rodrigues Regional Assembly which is
responsible for the formulation andimplementation of policy for specified matters in relation to Rodrigues (such as
agriculture, child development, employment, environment and tourism). Regional Assembly Laws may be adopted in
relation to those areas of responsibility. Members of the Rodrigues Regional Assembly are elected by citizens of
Mauritius who are residents of Rodrigues.
5. The judicial system in Mauritius is largely inspired by British traditions which advocate the adversarial system of
litigation. It consists of the Supreme Court, the Intermediate Court and the District Courts which all have jurisdiction in
civil and criminal matters as well as the Industrial Court which hears industrial disputes. The Supreme Court has
unlimited jurisdiction to hear and determine any civil or criminal proceedings.
* The present document was not edited before being sent to the United Nations translation services.
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6. The Supreme Court is the principal court of original criminal jurisdiction and holds sessions for the dispatch of
criminal business. Those criminal trials before the Supreme Court are held before a Presiding Judge and a jury consisting
of nine persons, and relate to very serious offences such as murder and manslaughter. Provision is also made for the
prosecution of certain offences, including offences under the Dangerous Drugs Act, before a Judge of the Supreme Court
without a jury.
7. In addition, under section 82 of the Constitution, the Supreme Court has jurisdiction to supervise any civil or criminal
proceedings before any subordinate court and make such orders as it considers necessary. The Supreme Court also has an
appellate jurisdiction whereby it can review the decision of one of its own judges sitting at first instance or those of
subordinate courts.
8. Final decisions of the Supreme Court are subject to appeal to the Judicial Committee of the Privy Council on matters
of great general or public importance and in other circumstances laid down in the Constitution. The Judicial Committee
of the Privy Council sat for the first time in Mauritius in September this year, in line with ongoing reforms of the judicial
system aiming at providing better access to justice to citizens of Mauritius.
9. The Mauritian Government believes that economic, social and cultural rights are as important as civil and political
rights. The economy is based on export-oriented manufacturing (mainly textiles), sugar, tourism and services. According
to the latest United Nations Human Development Report, Mauritius ranks among those countries with a high level of
human development. Average rates of growth have averaged 5 per cent and per income capita now exceeds US$6,000.
Moreover the country has attained most of the targets related to the Millennium Development Goals (MDGs).
10. Based on the World Bank international poverty lines of $1 and $2 a day, absolute poverty remains negligible in the
country. Using the $1 parameter, the proportion of poor people stands at less than 1 per cent while with the $2/day
poverty line, it is estimated at less than 1.5 per cent. However, on the basis of a relative poverty line defined by half
median monthly household income per adult equivalent, the proportion of poor people was estimated at 8.5 per cent in
2006/2007 compared to 7.8 per cent in 2001/02. The share of the poorest quintile in national consumption stood at 7.6
per cent in both 2001/2002 and 2006/2007.
11. Given this situation, eradicating absolute poverty has become a priority for the Government and presently, this is
high on the Government agenda, as indicated in the recent Budget. A series of measures have been announced to tackle
the issue. A special Committee for the Eradication of Absolute Poverty (EAP) has been set up, which comprises all
stakeholders, namely the public sector, the private sector and non-governmental organisations to look into the specific
needs of the poor, provide urgent assistance and lend support to the children and the unemployed in the pockets of
poverty. A five track partnership is being established, bringing together the entire range of social partner, including the
socio-cultural organisations, NGOs, the corporate sector, development partners and the various levels of Government.
The overall
objective is to eradicate all cases of absolute poverty in the country within a span of seven to ten years.
12. It is estimated that Mauritius has a workforce of about 500 000 people amongst whom around 70 000 are in public
employment. The Pay Research Bureau determines the salaries and other conditions of employment for public sector
employees. On the recommendation of the National Remuneration Board, Government establishes minimum wages
which vary according to the sector of employment. Government also reviews minimum wages each year based, inter alia,
on inflation. The actual income for most workers is higher than the recommended minimum wages, due to the present
shortage of labour. The standard legal number of working hours is embodied in the concept of the 45-hour week and (in
the sugar industry) the 40-hour week. Factory inspectors of the Ministry of Labour, Industrial Relations and Employment
ensure that employers comply with health and safety requirements set by Government. Sanctions of a penal nature are
provided for by law in cases of non-compliance with the said requirements. Mauritius is committed to safeguarding
workers‟ rights and has ratified the eight core ILO Conventions pertaining to fundamental principles and rights at work.
13. In the context of the policy of Government to maintain the welfare state, free health services are available to the
population. Private clinics also exist to cater for the needs of those who choose to pay for their treatment. The child
mortality rate was 0.4 in 2007 for a total population of 1 223 089. Education is free up to the tertiary level whilst primary
and secondary education is compulsory by law for all children up to the age of 16, including children with disabilities.
Government has come up with a Policy Paper to promote the concept of inclusive education by integrating, as far as
possible, children with disabilities in mainstream schools. 14. Elderly persons aged 60 years and above, widows under 60
years, invalid persons aged between 15 and 59 and orphans up to the age of 15, or 20 if at school, are entitled to the
payment of a basic (non-contributory) pension on a universal basis. Furthermore, needy and destitute families are given
social aid, unemployed heads of households with insufficient resources are eligible for unemployment hardship relief and
all students, elderly persons and disabled persons are entitled to unlimited free public transport. Income support for
purchase of rice and flour is given to about 50,000 needy families. The Protection of Elderly Persons Act 2006 provides
for the protection of the elderly against abuse; persons who willfully subject elderly persons to illtreatment or willfully
fail to provide elderly persons under their care with adequate food, medical attention, shelter and clothing are liable to be
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prosecuted. The Elderly Persons‟ Protection Unit organizes public awareness and sensitization campaigns on elderly
persons‟ rights, receives complaints from elderly persons in need of protection and may apply to the Court for a
protection order on their behalf. 15. Mauritius has developed a National Gender Policy Framework (2008) to provide
broad guidelines for the implementation of gender mainstreaming strategies. The Gender Unit within the Ministry of
Women‟s Rights, Child Development and Family Welfare monitors the implementation of gender mainstreaming
strategies for the empowerment of women and promotion of gender equality and equity. It conducts outreach activities at
grassroots level through 15 Women Centres, the National Women‟s Council, the National Women Entrepreneur Council,
the National Women Development Centre and some 1200 Women‟s Associations with respect to capacity building,
service delivery and sensitisation campaigns for the empowerment of women , as well as gender mainstreaming at
policy, programming and output level with Ministries, Departments and other stakeholders in line with the National
Gender Policy
Framework and the recent reforms towards effective public financial management and performance management.
16. As from July 2008, the Gender Unit is offering technical assistance to all Ministries to help them design their own
sectoral gender policy, so that programmes and performance indicators of sectoral Ministries are gender-responsive and
adequately reflected in the budget. The Gender Unit is currently working with three pilot Ministries on designing their
sectoral gender policy.
17. The Ministry of Women‟s Rights, Child Development and Family Welfare set up a Family Welfare and Protection
Unit in July 2003, the main aims of which are to implement appropriate policies and strategies to promote family welfare
and combat domestic violence. The Unit has a network of 6 Regional Offices known as Family Support Bureaux where
the following services are provided, free of charge, to families and children in distress: psychological and legal
counselling; assistance to adult victims of domestic violence; assistance to children who are victims of abuse; and
individual, couple and mass counseling on all family related problems. Hotlines are also operational on a 24-hour basis
to cater for family-related problems and officers intervene promptly to provide assistance to victims.
18. Conscious of the need to address the issue of domestic violence in a comprehensive manner, the Ministry of
Women‟s Rights, Child Development and Family Welfare has adopted a broad framework to respond to domestic
violence, focusing on prevention (campaigns, regular talks and activities are organized in different regions falling under
the purview of the Family Support Bureaux to sensitise the public at large on issues pertaining to domestic violence),
innovative projects (including Zero Tolerance Clubs, Anger Management Programmes and „Men as Partners‟
Programmes), capacity building (through training of service-providers, including medical practitioners, magistrates and
police officers, to improve responses to cases of domestic violence ) and forging social coalitions between Ministries,
non-governmental organizations and community-based organizations (a Partnership against Family Violence Committee
has been set up to provide a coordinated approach to combat domestic violence).
19. The Protection from Domestic Violence Act which was enacted in 1997 and amended in 2004 and 2007 affords
protection to the spouse of, as well as other persons living under the same roof as, a violent person. The Act provides for
the issue of protection orders, occupation orders and tenancy orders by a Magistrate and affords protection against
physical, emotional, sexual violence and even threatened violence. A person who has wilfully failed to comply with an
order made under the Act may, in appropriate cases, be ordered to attend counseling sessions.
20. There is no State religion and the Government does not interfere with or restrict worship by any religious
denomination. Freedom of conscience and religion as propounded in the Constitution is of special importance in view of
the social fabric of the Mauritian society which comprises of various races, cultures and religions. The Constitution
prohibits discrimination on grounds of creed.
21. Freedom of the press is an essential component of the right to freedom of expression as enjoyed under section 12 of
the Constitution. The local media enjoy a long tradition of freedom and pluralism. There are eight dailies (five in English
and French and three in Chinese) and about 50 weeklies, fortnightlies and monthlies. The audiovisual landscape consists
of the national radio and television broadcaster, the Mauritius Broadcasting Corporation (MBC), and three private radio
stations. The MBC operates on a twenty-four hour basis on three analogue and 12 digital television channels and three
FM and two AM radio channels, in a dozen languages. The Independent Broadcasting Authority regulates broadcasting
in Mauritius, deals with the licensing of new radio and television channels and the devising of parameters and
criteria for the authorisation of new channels, including guidelines for programmes, safeguards against indecency and
sanctioning non-conformity with established standards.
22. Government intends to review the media landscape and to bring about reform in media law. In this context, Geoffrey
Robertson, Q.C, a well-known authority on media law in Commonwealth States, was invited by Government in May
2008 to advise Government on the appropriate media framework for the benefit of both the public and Government.
During his visit, he interacted with media organisations and other stakeholders. He is expected to submit his report in
November 2008.
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A. The Constitution
23. The Constitution of Mauritius, a written document bequeathed to Mauritius by an Orderin-Council of the British
Government at the time of independence in 1968, is based on the Westminster model and rests on two fundamental
tenets: the rule of law and the doctrine of the separation of powers. It is provided under section 1 of the Constitution that
the Republic of Mauritius shall be a “sovereign democratic State”, this being clearly in consonance with the fundamental
rights and freedoms guaranteed under Chapter II of the Constitution which is largely inspired from the European
Convention on Human Rights. Those fundamental rights and freedoms include the right to life, the right to personal
liberty, protection from slavery and forced labour, protection from inhuman treatment, protection from deprivation of
property, protection of the law, freedom of conscience, freedom of expression, freedom of assembly and association,
freedom of movement and protection from discrimination.
24. The Constitution being the “supreme law of Mauritius”, it is the duty of the Courts not only to interpret but also to
ensure compliance with its provisions. It is up to the Supreme Court to determine the validity of any statute which is
alleged to be unconstitutional; any law which contravenes the Constitution is, to the extent of the inconsistency, void.
The Constitution itself 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.
25. The Constitution provides for the independence of the Judiciary not only vis-à-vis the Legislature and the Executive
but also vis-à-vis other political or social forces, as illustrated by the entrenched provisions governing the appointment of
Judges, their terms of office and security of tenure, the provisions governing their removal in case of misconduct and the
oath which they are required to honour under Chapter VII of the Constitution.
B. Legislation
26. In recent years, a number of human rights-related enactments have been passed in Mauritius. The Truth and Justice
Commission Act which was passed a few months ago provides for the setting up of the Truth and Justice Commission
which shall conduct inquiries into slavery and indentured labour during the colonial period in Mauritius, determine
appropriate measures to be extended to descendants of slaves and indentured labourers, enquire into complaints made by
persons aggrieved by dispossession or prescription of any land in which they claim to have an interest and prepare a
comprehensive report of its activities and findings based on factual and objective information and evidence. Once the
Act is proclaimed, the Commission will be expected to complete its assignment and submit its report within a period of
24 months.
27. Measures are being taken to incorporate international norms into our domestic legislation. In particular, the definition
of “torture” in the Convention against Torture was incorporated in section 78 of the Criminal Code in 2003 which
provides for the offence of “Torture by public official.”
28. The HIV and AIDS Act which was passed in 2006 and proclaimed in 2007 provides for a rights-based approach to
HIV and AIDS-related issues, and aims in particular at protecting persons living with HIV and AIDS from
discrimination. One of the objects of the Act is to respond to the escalating HIV/AIDS epidemic being witnessed in
Mauritius through enhanced HIV prevention programmes and scaled up national mechanisms for voluntary counselling
and testing. Provision is made for the introduction of risk minimization interventions, namely the Needle Exchange
Programme. The Civil Status Act was amended in order to allow marriages between a Mauritian citizen and a noncitizen who is HIV positive or has AIDS.
29. In order to reform the industrial relations framework, promote effective tripartism and strengthen dialogue with
social partners, a new Employment Relations Act was passed in August 2008. The Act focuses on, inter alia, the
protection and enhancement of the democratic rights of workers and trade unions, the simplification of the procedures for
registration and recognition of trade unions, the promotion of collective bargaining, the promotion of voluntary
settlement and peaceful resolution of disputes, the trengthening of the disputes and conflict resolution procedures and
institutions to ensure speedy and effective settlement, the right to strike as a last resort after conciliation and mediation
have failed and the building of a productive employment relationship.
30. The Employment Rights Act, which was passed at the same time, aims at achieving the flexibility needed for creating
demand for labour, together with security needed to protect the worker as he or she switches between jobs. The object of
the Act is to revise and consolidate the law relating to employment, contracts of employment or service, the minimum
age for employment, hours of work, payment of remuneration and other basic terms and conditions of employment with
a view to ensuring appropriate protection of workers. Both the Employment Relations Bill and the Employment Rights
Bill were widely discussed with national stakeholders and experts from the International Labour Organization before
they were introduced in the National Assembly.
C. National jurisprudence
31. Our Constitution has conferred on the Judiciary the role of ensuring the proper functioning of a democratic society.
The Judiciary under our Constitution operates within a system where the legislative and executive powers of the State are
separate from those of the Judiciary. It is charged with the special duty of ensuring that legislative and executive powers
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are exercised in accordance with the Constitution and within the limits authorised by the Constitution. It is also charged
with the duty to safeguard fundamental rights themselves which may be at risk in the exercise of legislative or executive
powers.
32. Any person whose rights under Chapter II of the Constitution has been, is being or is likely to be contravened may
apply to the Supreme Court for redress. Any law which is inconsistent with the Constitution shall, to the extent of the
inconsistency, be void. Acts of public bodies may also be challenged in Court by way of applications for Judicial Review
on grounds of illegality, “Wednesbury” unreasonableness, abuse of power and procedural impropriety.
33. In recent years, the Supreme Court and the Judicial Committee of the Privy Council have declared unconstitutional a
section of the Constitution, as well as a section of the Dangerous Drugs Act, which provided for automatic denial of bail
to an accused party who was arrested for a drug offence and had already been convicted of such an offence. Those
provisions were held to contravene the principle of separation of powers implicit in section 1 of the Constitution. It was
held that the granting of bail is essentially a judicial function.
34. The Supreme Court has also held last year that mandatory sentences were unconstitutional in that the indiscriminate
imposition of a fixed term of penal servitude in all cases in which an accused party had been convicted of a particular
offence contravened the principle of proportionality, amounted to inhuman or degrading punishment or treatment and
was incompatible with the concept of a fair hearing.
D. Human rights infrastructure
1. National Human Rights Commission
35. The National Human Rights Commission (NHRC) was established under the Protection of Human Rights Act 1998
and is operational since April 2001. It was granted accreditation by the International Coordination Committee of
National Human Rights Institutions in 2002 and is governed by the Principles Relating to the Status of National
Institutions, Competence and Responsibilities (“Paris Principles”). The Sub-Committee on Accreditation of the
International Coordination Committee of National Human Rights Institutions has recommended in April 2008 that the
Commission be re-accredited Status A.
36. The NHRC mainly enquires into complaints from persons alleging violation of their rights under Chapter II of the
Constitution by the acts of public bodies or public officers and complaints against acts of members of the police force. It
can also enquire of its own motion into such acts. Its functions also include visiting police stations, prisons and other
places of detention to study detainees‟ living conditions.
37. Several recommendations were made by the NHRC in its annual report for the year 2007. These related mainly to
economic, social and cultural rights, the police, prisons, sex discrimination and the administration of justice. Its
recommendations, inter alia, are as follows:
(a) a future new Constitution should provide explicitly for the protection and promotion of economic, social and cultural
rights;
(b) measures be taken to ensure the impartiality of disciplinary action against police officers;
(c) police investigations should respect certain rules aimed at protecting the right to liberty and measures should be taken
to prevent the recurrence of death in police custody;
(d) measures should be taken to rationalize the system of inspection of prisons and the processing of complaints and
remission should be reintroduced even for serious crimes and proper medical care should be afforded to prisoners who
are genuinely ill;
(e) consideration should be given to the setting up of an open prison for women;
(f) sex offenders should be tried as soon as possible after the commission of the offence and where appropriate, should
be given psychological treatment and released on parole with the necessary safeguards;
(g) a simplified version of all laws, especially new laws, should be published in Creole.
38. The Sex Discrimination Division, which is part of the National Human Rights Commission, was set up under the Sex
Discrimination Act 2002 and is empowered to receive and enquire into any written complaint relating to alleged
infringements of the Act. The Sex Discrimination Act 2002 which came into operation on 8 March 2003 is designed “to
provide for the elimination of all forms of gender discrimination and sexual harassment in certain areas of public
activity.” The Act prohibits discrimination in employment: no employer is allowed, in relation to recruitment, selection
or employment, to discriminate on the grounds of sex, marital status, pregnancy or family responsibility. Discrimination
in education, in accommodation, in the disposal of property, in companies and partnerships, in clubs is strictly prohibited
under the provisions of the Sex Discrimination Act.
2. Office of the Ombudsperson for Children
39. The office of the Ombudsperson for Children was established under the Ombudsperson for Children Act 2003. The
objective of the office is to ensure that the rights, needs and interests of the children are given full consideration by
public bodies, private authorities, individuals and associations for individuals, to promote the rights and best interests of
children, to promote compliance with the Convention on the Rights of the Child.
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40. The Ombudsperson for Children has the role of an advocate for children‟s rights, advises the Minister and other
public bodies and institutions on matters relating to promotion and protection of children‟s rights and carries out such
investigations as she may decide, on complaints relating to the rights of the child.
3. The Ombudsman
41. The office of the Ombudsman was created under section 96 of the Constitution in 1968 in order to address issues
arising from alleged maladministration in the public sector and wrongs that may be found to have been committed. The
Ombudsman does so through independent, objective and impartial investigations initiated upon receipt of written
complaints or acting on his own initiative. He attempts to strike a fair balance between what the citizen expects from
Government services (including local authorities) and the Government (or local authority) that provides these services.
42. The Ombudsman‟s ultimate objective is to bring about a public service culture characterized by fairness, openness
and accountability.
4. Commission on the Prerogative of Mercy
43. The Commission on the Prerogative of Mercy is an extra-judicial body set up under the Constitution, which advises
the President of the Republic on the granting of pardons or respites, either indefinite or for a specified period, of the
execution of any punishment imposed on that person, the substitution of a less severe form of punishment for any
punishment imposed or the remission of the whole or part of any punishment imposed on that person for an offence or of
any penalty or forfeiture otherwise due to the State on account of any offence.
5. Commissions set up under the Constitution
44. The Constitution provides for the establishment of a Public Service Commission which appoints persons to hold or
act in any office in the public service, exercises disciplinary control over such persons and, where necessary, removes
them from office. The Constitution equally provides for a Disciplined Forces Service Commission which has the power
to appoint persons to hold or act in any office in the disciplined forces (including the police force) and to exercise
disciplinary control over such persons as well as the power to remove such persons from office.
45. The Electoral Supervisory Commission has general responsibility for the registration of electors and supervises the
conduct of elections. The Electoral Boundaries Commission set up under section 38 of the Constitution is responsible for
the review of the boundaries of the constituencies and is empowered to make recommendations for any alterations to be
brought to the boundaries of the constituencies.
6. Data Protection Commissioner
46. The Data Protection Act 2004 provides for the setting up of a Data Protection Office to be headed by a
Commissioner. The object of the Act is mainly to provide for the protection of the privacy rights of individuals in the
light of developments in the techniques used to capture, transmit, and manipulate, record or store data relating to
individuals.
7. Independent Commission against Corruption
47. The Prevention against Corruption Act 2002 establishes the Independent Commission against Corruption which has
wide investigative powers with regard to alleged complaints of corruption and money-laundering. Its functions also
include educating the public against corruption, advising and assisting public bodies on ways and means in which
corruption may be eliminated and advising public bodies on the adoption of codes of conduct.
8. Law Reform Commission
48. The Law Reform Commission, which is a statutory body, is responsible for keeping under review in a systematic
way the laws of Mauritius and making recommendations for their reform and development. Over the past year, the
Commission has produced Discussion Papers and Reports on matters such as “The Criminal Justice System and the
Constitutional Rights of Accused Parties” and “Access to Justice and Limitation of Actions against Public Officers and
the State”, which are being considered by Government.
E. International obligations
49. Mauritius is party to the major United Nations instruments, amongst which are the International Covenant on Civil
and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the International Convention
on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of
Discrimination Against Women, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment and the Convention on the Rights of the Child. Government endeavours to honour its obligations under those
instruments by, inter alia, ensuring that its laws and policies are compliant with those instruments and submitting
periodic reports to the respective treaty bodies
50. Mauritius signed the United Nations Convention on the Rights of Persons with Disabilities in September 2007 and is
committed to upholding and applying its provisions. Government has come up with a Policy Paper and Plan of Action on
Disability which contains a series of measures relating to health, education, training, employment, human rights, sports,
leisure, transport, communication and accessibility. In this context, an Implementation and Monitoring Committee has
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been set up to work on the implementation of the recommendations of the Action Plan and early ratification of the
Convention.
51. Mauritius is also a party to regional human rights instruments, such as the African Charter on Human and Peoples‟
Rights, the African Charter on the Rights and Welfare of the Child, and the Protocol to the African Charter on Human
and Peoples‟ Rights on the Establishment of an African Court on Human and Peoples‟ Rights. Mauritius has signed the
Protocol to the African Charter on Human and Peoples‟ Rights on the Rights of Women in Africa.
52. Mauritius is a party to the United Nations Convention against Transnational Organized Crime and its Protocol to
Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children and has acceded to the Convention
on the Civil Aspects of International Child Abduction.
53. Mauritius has acceded to the African Peer Review Mechanism in July 2003 and was among the first countries to start
the review process which covers four substantive thematic areas, namely Democracy and Political Governance,
Economic Governance and Management, Corporate Governance and Socio-Economic Development. The National
Economic and Social Council, an independent body, has been designated as the national focal point to oversee the
process in Mauritius. Mauritius is currently finalizing its self-assessment report and is expected to be peer reviewed in
the course of 2009.
F. Protocols
54. Mauritius being a party to the Optional Protocol to the International Covenant on Civil and Political Rights, citizens
of Mauritius may submit individual petitions to the Human Rights Committee.
55. Mauritius has also signed the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children,
Child Prostitution and Child Pornography and the Optional Protocol to the Convention on the Rights of the Child on the
Involvement of Children in Armed Conflict on 11 November 2001. Following the concluding observations of the
Committee on the Rights of the Child on Mauritius, the State has withdrawn its reservation to Article 22 of the
Convention on the Rights of the Child.
56. Cabinet approval has been obtained for the ratification of the Optional Protocol to the Convention on the Elimination
of All Forms of Discrimination against Women which allows, inter alia, individual petitions to the Committee on the
Elimination of Discrimination against Women.
57. Mauritius which became a party to the Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment in 2005 was chosen, by a drawing of lots, as the first country to be
reviewed under the Optional Protocol and had the privilege of receiving the visit of the Subcommittee on Prevention of
Torture from 10 to 18 October 2007. During the course of their visit, the SPT visited the Police facilities, Police
Detention Centres, prisons and other institutions such as the Rehabilitation Youth Centre at Beau Bassin and the Shelter
for Children and Women in Need. A National Preventive Mechanism, as provided for under the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, has been set up
administratively pending
amendments to be brought to existing legislation setting up the legal framework under which the National Preventive
Mechanism is to operate. The Subcommittee submitted its report on its visit in Mauritius in July this year. A High-Level
Committee is looking into the implementation of the findings, observations and recommendations in the report.
III. PROMOTION AND PROTECTION OF HUMAN RIGHTS ON THE GROUND
A. Implementation of human rights obligations
58. International treaties ratified by Mauritius are not automatically incorporated directly into the laws of Mauritius.
Where necessary, changes are made to the domestic legislation to enable Mauritius to comply with its treaty obligations.
Mauritius is endeavouring to submit its periodic reports to the human rights treaty bodies in a timely manner in order to
address the issue of overdue reports. Particular attention is paid to the recommendations of human rights treaty bodies
which have examined the periodic reports submitted by Mauritius and follow-up action, as appropriate, is taken.
B. National Human Rights Legislation
59. Section 17 of the Constitution provides that a citizen, who alleges that any of his constitutional rights has been, is
being or is likely to be contravened, may apply to the Supreme Court for redress. It is worth noting that Section 17 is
entitled “Enforcement of Protective Provisions”. In December 2002, in the interlocutory judgment in the case of Bishop
of Roman Catholic Diocese of Port Louis and Ors v. S. Tengur, the Supreme Court observed that: “A declaration of
fundamental rights is meaningless unless there are effective judicial remedies for their enforcement. The right to move
the Supreme Court for redress where a fundamental right has been infringed is itself a fundamental right…Section 17 is
the soul and heart of the Constitution ….”
60. The Abolition of Death Penalty Act was passed in 1995. All death sentences imposed before that Act was passed
were commuted to sentences of penal servitude for life.
61. In June 1998, Mauritius signed the Rome Statute of the International Criminal Court and subsequently ratified same
on 5 March 2002. Drafting work pertaining to the implementation of the provisions of the Rome Statute has been
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undertaken by the Attorney-General‟s Office with the assistance of the Office of the Regional Delegation of the
International Committee of the Red Cross for Southern Africa and the Indian Ocean. The International Criminal Court
Bill will be introduced in Parliament shortly.
62. The Child Protection Act was enacted in 1994 to ensure protection of children from all forms of abuse. The word
“harm” includes physical, sexual, psychological, emotional or moral injury, neglect, and ill-treatment, impairment of
health or development. The Act provides for the issue of an emergency protection order by the Magistrate where it is
reasonably believed that a child is suffering or likely to suffer significant harm.
63. Corporal punishment is prohibited in schools by virtue of regulation 13 (4) of the Education Regulations, section 13
(1) of the Child Protection Act and section 230 of the Criminal Code. Circulars are sent to schools by the Ministry of
Education at the beginning of every term reminding them of those regulations and teachers are required to acknowledge
having taken cognizance of same. Programmes on the Convention on the Rights of the Child are carried out in schools
by the Ministry of Women‟s Rights, Child Development and Family Welfare. However, some cases of physical
molestation including sexual abuse are reported every year to the Ministry and, in most cases, they are referred to the
police and disciplinary action is taken against the culprit. The Office of the Ombudsperson for Children also monitors
any allegation of
child ill-treatment.
64. The Training and Employment of Disabled Persons Act 1996 aims at preventing discrimination against disabled
persons resulting from or arising out of their disability. The object of the Training and Employment of Disabled Persons
Board set up under the Act is to prevent discrimination against disabled persons and to encourage the establishment of
appropriate vocational centres and other institutions for the training of disabled persons. It is an offence for employers to
discriminate against disabled persons in relation to advertisement and recruitment for employment. Other laws catering
for the needs of persons with disabilities include the Building Act (accessibility to public buildings), the Road Traffic
Act (special parking slots and free provision of parking coupons for disabled persons) and the Sports Act (sports
activities for disabled persons). Steps have been taken to make voting procedures disabledfriendly.
65. The Mental Health Care Act, which was passed in 1998, provides for patients with mental disorders to be admitted to
mental health care centres on a voluntary basis without a Magistrate‟s order. Any patient who is ordered to be admitted
to a mental health care centre (against his will) has the right to appeal to a Mental Health Commission. Patients suffering
from mental disorders and their next of kin are informed of their rights and freedoms (as prescribed in a Schedule to the
Act) in a language which they understand.
66. The Imprisonment for Civil Debt (Abolition) Act, which was passed following comments made by the Human Rights
Committee in 2005, provides that debtors may only be imprisoned for a civil debt where fraud or a criminal offence is
committed. A person can no longer be imprisoned merely on account of a civil debt.
67. The Transfer of Prisoners Act which was passed in 2001 allows for the transfer of prisoners to and from Mauritius to
serve the remainder of their sentences. The designated countries to which the Act applies include countries which are
parties to the Strasbourg Convention on the Transfer of Sentenced Persons and the Scheme for the Transfer of Convicted
Offenders within the Commonwealth. Bilateral agreements on the transfer of prisoners have also been entered into with
the Republic of Guinea (June 2003), the United Republic of Tanzania (June 2003), India (October 2005) and Madagascar
(July 2008). Agreements are presently under consideration with Kenya, Uganda and Burundi.
C. Voluntary pledges taken by Mauritius as candidate for election
to the Human Rights Council
68. Mauritius pledged to continue to uphold primacy of democracy, good governance and development and strengthen
national institutions that protect human rights of citizens, to play a constructive role in advancement of human rights and
further contribute to the enhancement of United Nations human rights activities, to participate actively in the work of the
Human Rights Council for the promotion and protection of all Human Rights in a spirit of impartiality, dialogue and
cooperation, to be reviewed under the Universal Periodic Review mechanism and to support international efforts to
enhance intercultural dialogue and understanding amongst civilizations, cultures and religions with a view to facilitating
the universal respect of all human rights.
69. Mauritius believes it has lived up to and continues to honour these pledges through the action it has undertaken at
domestic and international levels.
1. National Human Rights Institutions Activities
(a) The National Human Rights Commission
70. The National Human Rights Commission (NHRC) conducted a workshop on Human Rights for newly recruited
prisons officers. Two experts from the International Centre for Prison Studies came to Mauritius to advise the
Commissioner of Police on a training course for prisons officers a to undertake a training system assessment
71. Members of the NHRC also visited all the prisons in Mauritius including “Pointe la Gueule” in Rodrigues during the
year 2007 to examine conditions of detention therein. The NHRC has further produced a Prisoners‟ Manual containing
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the prisons regulations in a simplified version in English, French and Creole to be distributed to convicted prisoners on
their admission to prison.
(b) Sex Discrimination Division
72. The Sex Discrimination Division pursued its awareness raising campaign on sex discrimination and sexual
harassment in schools, the private sector, banks, the Police Force Training School, social groups and women‟s centres in
Mauritius and in Rodrigues.
2. The Office of the Ombudsperson for Children
73. The Ombudsperson for Children organizes training sessions and a number of talks, seminars and workshops, both in
Mauritius and in Rodrigues, in order to sensitise stakeholders working with children on the Convention on the Rights of
the Child and on related issues such as violence against children, child abuse and prostitution, and child labour. A kit on
violence against children addressed to the personnel working in the education sector has been prepared by the
Ombudsperson in collaboration with the Ministry of Education.
3. Cooperation with Human Rights Mechanisms
74. Mauritius actively participated in establishing the Human Rights Council as a founding member and has contributed
towards making this body as effective as possible. As a member of the Council, it has consistently made its voice heard
in defence of those who are deprived of their fundamental freedoms. Mauritius is committed to ensuring that attempts to
make the world safer are not to the detriment of human rights and personal freedom. It holds the view that the
multilateral system, in particular the United Nations, must work with all countries in a spirit of dialogue, cooperation,
objectivity and non-selectivity to pursue the advancement of human rights in each and every country.
75. In addition to upholding human rights at national level, Mauritius is committed to their promotion and protection at
the international level. Mauritius fully cooperates with the human rights mechanisms, including treaty bodies and is
actively engaged on the full range of human rights issues with other international and regional organisations such as the
African Union. Mauritius also participates in regional efforts to promote and protect human rights. It is thus a party to
regional human rights instruments, including the African Charter on Human and Peoples‟ Rights.
76. Mauritius has fielded the candidatures of its nationals to serve on human rights treaty bodies. Mauritian nationals are
currently members of the following bodies: Human Rights Committee; Committee on Economic, Social and Cultural
Rights; Human Rights Council Advisory Committee; and Committee on the Elimination of Discrimination against
Women. Further, the Chief Justice serves on the African Commission on Human and Peoples‟ Rights.
77. Mauritius recognizes that the fight against poverty, development and human rights are interlinked and mutually
reinforcing. It is in this spirit that Mauritius hosted the SADC International Conference on Poverty and Development in
April 2008. The Conference agreed, inter alia, to work towards the establishment of a Regional Poverty Observatory to
monitor progress made in the implementation of actions in the main priority areas of poverty eradication.
IV. ACHIEVEMENTS, BEST PRACTICES, CHALLENGES AND CONSTRAINTS
A. Achievements and Best Practices
1. Human Rights Centre
78. The Human Rights Centre was set up in 2007 for the promotion of Human Rights in Mauritius. The Centre aims
mainly at making the public aware of existing human rights institutions and laws so that they may better avail themselves
of such.
79. The Centre also serves as one of the main human rights fora where non-religious groups and associations, clubs and
even political parties from all spheres are allowed to organise debates and meetings on human rights-related issues.
Foreign experts in the field of human rights will be invited to hold conferences and talks on a regular basis on the
premises of the Centre. The members of the United Nations Subcommittee on Prevention of Torture met Mauritian
stakeholders for discussions on the said premises. Training is given to various people from NGOs and Trade Unions who
will in turn be assisting and empowering citizens at grassroots level. Training sessions will be held by local guest
speakers, on a voluntary basis, from different spheres of society on different human rights topics. The Human Rights
Centre also initiates human rights campaigns and the publication of brochures and pamphlets on human rights issues and
will distribute copies of the main human rights conventions ratified by Mauritius to the
general public.
2. National Action Plan on Human Rights
80. Mauritius is, at present, finalising a National Action Plan on Human Rights. This National Action Plan seeks to
develop a strong culture of human rights in Mauritius by providing better protection for individuals, creating more
effective programmes that enhance the quality of life for all, particularly vulnerable groups, and by improving national
harmony. It also aspires to achieve promotion of greater awareness of human rights, both in the general public and in
specific sectors. The overarching objective of the National Action Plan is to bring about tangible improvements in the
observance of all categories of human rights.
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81. The National Action Plan has been developed, in consultation with stakeholders, on the basis of realistic objectives
and clear targets and covers a broad field of areas. It includes an overview of the international and national legal
framework, a description of the different categories of human rights enjoyed by Mauritians, the role of national
institutions and civil societies and lays emphasis on the need for human rights education. It describes the action taken so
far in each field and the shortcomings which need to be overcome, and proposes measures to address these shortcomings.
The National Action Plan also proposes specific time frames for the achievement of its objectives, with short term,
medium term and long term implementation of the measures. The provision of a time frame will ensure that those
involved in realising the targets of the Action Plan have a deadline to structure their activities and should ultimately
facilitate monitoring and final evaluation.
3. Distribution of free copies of the Constitution
82. Over 35 000 copies of the Constitution have been printed and distributed free among various groups of the
population. Another 30 000 copies are actually in print and will be distributed to all secondary school students. It is also
intended to make copies of the Constitution
available in Braille for the benefit of those who have a visual impairment.
4. International Humanitarian Law
83. The National Humanitarian Law Committee was set up under the aegis of the Prime Minister‟s Office in 2002. The
purpose of the Committee is to implement and disseminate knowledge of International Humanitarian Law instruments to
which Mauritius is a party. “Exploring Humanitarian Law” was introduced in State Secondary Schools on a pilot basis in
2007. Procedures are currently under way to extend the project to Private Secondary Schools. At the tertiary level, a
module on International Humanitarian Law was introduced for “Bachelor of Laws with Honours” courses at the
University of Mauritius. The Committee also actively sensitises the public on International Humanitarian Law through
workshops, seminars and distribution of books to the National Library of Mauritius.
84. Mauritius is a party to the main International Humanitarian Law instruments and is considering adherence to the
International Convention for the Protection of All Persons from Enforced Disappearance.
85. Training on Human Rights issues was dispensed to more than 700 prisons officers and to new recruits in the Prisons
Department. In 2007, the United Nations Development Programme assisted the Prisons Department by providing two
consultants to carry out an assessment and a revision of the Prisons Officers‟ Training Curriculum. Human rights
concepts and practices are to be mainstreamed through a revision of the curriculum. The United Nations Development
Programme also supported the Prisons department in the Training of Trainers‟ course in Human Rights for 20 senior
officers and its assistance has now been requested for an expert to head the Prisons Training School. Workshops are
being organized to empower Prison Officers to combat drugs and HIV/AIDS in prisons.
86. Allegations of police brutality are enquired into and dealt with expeditiously and firmly by the National Human
Rights Commission and the Courts. A judicial enquiry is held promptly where a person dies in prison or in police
custody. Where enquiry discloses prima facie evidence against police or prisons officers, the officers are prosecuted
before Court. The State has, in a few recent cases, made ex gratia payments to the next of kin of persons who have died
in police custody, without awaiting the judgement of the Supreme Court on its liability. Other measures to address this
problem of police brutality are outlined in paragraph 91.
B. Challenges and Constraints
87. Section 10 (1) of the Constitution entitled “Provisions to secure protection of law” provides that any person who is
charged with a criminal offence shall, inter alia, be afforded a fair hearing within a reasonable time. Despite efforts being
made by the police, prosecution and the Courts, cases are at times disposed of several years after the date of the offence.
The delay in lodging and disposing of cases is mainly due to shortage of staff in the police and the Office of the Director
of Public Prosecutions and a backlog of cases before some Courts. Accused parties who have the constitutional right to
be defended by Counsel of their own choice often insist on being represented by particular lawyers who may be
unavailable on the dates scheduled by the Court. The period of pre-trial custody has in some cases been decried as being
inordinately long.
88. Although the number of allegations of police brutality has drastically decreased in recent months, it is still perceived
that police officers focus on obtaining confessions, often described as the “best evidence”, through improper means
rather than using more modern investigative methods. These are dealt with in paragraphs 98, 99 and 100 below.
89. Prisons in Mauritius are undoubtedly overcrowded, owing to the rise in the number of prisoners and persons on
remand. There have also been reports of drug trafficking in prisons.
90. Migrant workers have complained in recent months of unsatisfactory working and living conditions.
V. KEY NATIONAL PRIORITIES, INITIATIVES AND
COMMITMENTS OF MAURITIUS
91. The Protection of Human Rights Act setting up the National Human Rights Commission is to be reviewed 10 years
after the Act was passed. Government has entrusted this task to a former Chief Justice who is also a serving member of a
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treaty body. The review of the Act will involve, inter alia, a review of the role, powers and composition of the National
Human Rights Commission.
92. Government is committed to make or support far-reaching reforms to the justice sector with a view to improving the
delivery of justice, as per the recommendations made by the Presidential Commission chaired by Lord Mackay of
Clashfern. Amendments are to be made to the Constitution shortly to provide for separate Court of Appeal and first
instance Court within the Supreme Court of Mauritius. Since January 2008, two Judges have been hearing criminal cases
and two others have been hearing family law cases on a full-time basis with a view to clearing the backlog. As from
January 2009, two Judges will be hearing commercial cases on a full-time basis.
93. The Equal Opportunities Bill will be introduced in Parliament in November 2008, incorporating all the different
grounds of discrimination covered under sections 3 and 16 of the Constitution as well as age, pregnancy, mental and
physical disability and sexual orientation in areas dealing with employment, education, the provision of accommodation,
goods, services and other facilities, sports, the disposal of immovable property, admission to private clubs and premises
open to members of the public. The Bill will also provide for the establishment of an Equal Opportunities Commission
and an Equal Opportunities Tribunal.
94. It is also intended to introduce a Police Complaints Bill in Parliament shortly. The Bill will provide for the setting up
of an independent body which will deal with complaints made against police officers in respect of acts done in the
execution of their functions. Consultations were held in October 2008 with the National Human Rights Commission and
other stakeholders as well as with experts from the Independent Police Complaints Commission of the United Kingdom,
the Office of the High Commissioner for Human Rights and the United Nations Office on Drugs and Crime.
95. The Ministry of Education, Culture and Human Resources, in line with its National Curriculum Framework, is
currently working on the integration of Human Rights Education into the school curricula at primary level. On the
finalization of the National Curriculum Framework for secondary schools, Human Rights Education will be introduced at
lower secondary level.
96. The development of the Human Rights Education Curriculum will necessitate the training of curriculum writers who
are responsible for the writing of teaching and learning resource materials. The training will involve the assistance of
technical experts in human rights curriculum in order to ensure that components of Human Rights Education are
effectively integrated into the different learning areas to bring the required desirable behavioural changes in pupils.
97. In line with the Programme of Action 2005-2009 of World Programme for Human Rights Education, the Ministry of
Education, Culture and Human Resources has set up a Human Rights Education Task Force comprising members from
different Ministries, NGOs and international organisations to carry out a campaign for immediate visibility and scaling
up of Human Rights Education, in addition to integration into the curriculum.
98. The Task Force has proposed a Plan of Activities with a view to achieving better awareness of human rights issues at
school level. The activities include, among others, essay/poem/song competitions, drawing and poster competitions,
story-telling, debates, elocution contests, exhibition of the best entries and preparation of a kit on human rights for
distribution to schools. Schools may also take up human rights issues in their morning assemblies.
99. For a more effective implementation of Human Rights Education, teacher-training has to be carried out. The
Mauritius Institute of Education, which is responsible for in-service and preservice training, will consider having some
modules of Human Rights Education into their programmes. Hence, teachers will be better prepared to implement the
Human Rights Education curriculum.
100. Many schools are already running “Amnesty Clubs” and students actively participate in them by carrying out
sensitization programmes on human rights abuses in other countries. A further co-curricular activity could be the setting
up of Human Rights Clubs in schools. These Clubs would focus on national human rights issues and activities. In
addition, these clubs will provide students with real learning opportunities in human rights approach to develop their
personality, strengthen respect for human rights and fundamental freedoms.
101. The Police have engaged in a process of modernization of working methods, structure and technology for the
tracking down of criminals. Nowadays, there is a shift from confessionled to evidence-led investigation for crime
solving. In this respect, emphasis is being put on the use of new technologies in the field of forensic science.
102. DNA testing facilities are now fully operational at the Mauritius Forensic Science Laboratory. In February this year,
a team from the United Kingdom Forensic Science Services was in Mauritius to make an assessment of the Forensic
Science Laboratory with a view to developing a long-term strategy for the use and development of Forensic Science in
Mauritius. Besides, focus is put on capacity-building at the laboratory with the assistance of friendly countries and
institutions. A training programme was run by a team of experts from Staffordshire University (United Kingdom) from
26 August to 5 September 2008, for the benefit of officers of the Forensic Science Laboratory and the Police, and
pertaining to Forensic
Awareness, Expert Witness Training and Forensic Science Training.
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103. In addition, a DNA Identification Bill is currently being fine-tuned in consultation with all stakeholders. With the
enactment of this legislation, criminal investigation will be operationally driven with intelligence generated by a DNA
Database. The impending DNA Bill will allow the instant search for a match to the DNA fingerprint of each and every
known criminal in the land. Appropriate safeguard measures will be taken in the drafting of the legislation to ensure an
appropriate balance between the enhancement of security and the need to protect individual liberties
104. In order to address the problem of overcrowding in prisons, additional accommodation has been created for 377
detainees in various prisons. The infrastructure is being improved wherever possible. Fourteen Segregation and
Protection Units have been created to cater for 137 detainees. The Women‟s Prison will be extended. A new and modern
high-security prison providing accommodation to some 750 detainees who will be serving long sentences will be
constructed. The tenders for the construction of the new prison are expected to be launched around August 2009.
105. A Sexual Offences Bill was referred to a Select Committee in 2007 for further study and consultation. The object of
the Bill is to make further and better provision for sexual offences. In that context, a new definition of the offence of rape
is provided, new categories of offences of sexual assaults and provision is made for decriminalizing of sexual activities
among consenting adults are created in order to cover various acts of sexual perversions committed by offenders.
106. It is proposed to review the Data Protection Act 2004 to harmonise it with the EU Directives on data protection. The
Government proposes to hold consultative meetings with stakeholders to consider amendments to the Act.
107. Following a brainstorming session with stakeholders last year, a Working Committee has produced a Green Paper
on the new concept of legal aid, applications for legal aid, the eligibility test, the expanding and extension of legal aid
services and the establishment of a Legal Aid Board. The possibility of providing for legal aid at enquiry stage is being
seriously looked into. Members of the legal professions will also be encouraged to do more pro bono work.
108. With a view to providing better protection to children as well as adults, a holistic approach is being considered in
relation to human trafficking. In that respect, a draft Combating of Trafficking in Persons Bill has been prepared with the
assistance of the United Nations Office for Drugs and Crime (UNODC).
109. Government has facilitated access to low cost housing and decent homes for low income earners through a number
of subsidy schemes, comprising, inter alia, cash grants for the casting of roof slabs, infrastructure subsidies, leases to the
lower middle income families and financial assistance through the Trust Fund for the Social Integration of Vulnerable
Groups for the purchase of building materials. The Trust Fund will also soon finance the construction of several housing
units in the 229 pockets of poverty identified throughout the country, while the Empowerment Programme is undertaking
a pilot integrated housing project, inclusive of educational/training opportunities and other community facilities, for the
benefit of some 200 vulnerable families, and which would serve as a model that could be replicated in other pockets of
poverty. The 2008-2009 Budget has provided for a Social Housing Development Fund of
Rs500 million to develop new models of housing to meet the needs of all income segments of the population. This Fund
will look into and oversee a new programme for the setting up of mixed housing communities on a Public Private
Partnership basis.
110. Further to the latest recommendations of the Committee on the Rights of the Child, action has been initiated for the
drafting of a Children‟s Bill to consolidate the various pieces of legislation covering all aspects of children‟s rights.
Opportunity will be taken to, inter alia, review the law on juvenile justice and prosecution and detention of juveniles.
VI. EXPECTATIONS OF MAURITIUS IN TERMS OF CAPACITY-BUILDING
AND REQUESTS FOR TECHNICAL ASSISTANCE
111. The Government of Mauritius is pleased to acknowledge ongoing assistance from the United Nations Development
Programme and the Commonwealth Secretariat in its efforts to discharge its human rights obligations towards its citizens
and other States. Assistance from other States and donor institutions will be required in terms of capacity-building when
the Equal Opportunities Commission and Police Complaints Commission are set up.
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ANNEX IV- UPRW Report 2
UNITED
A
NATIONS
General Assembly
Distr.
GENERAL
A/HRC/WG.6/4/MUS/2
28 November 2008
Original: ENGLISH
Fourth session
COMPILATION PREPARED BY THE OFFICE OF THE HIGH COMMISSIONER
FOR HUMAN RIGHTS, IN ACCORDANCE WITH PARAGRAPH 15(B) OF
THE ANNEX TO HUMAN RIGHTS COUNCIL RESOLUTION 5/1
Mauritius
The present report is a compilation of the information contained in the reports of treaty bodies,
special procedures, including observations and comments by the State concerned, and other
relevant official United Nations documents. It does not contain any opinions, views or
suggestions on the part of the Office of the United Nations High Commissioner for Human
Rights (OHCHR), other than those contained in public reports issued by OHCHR. It follows
the structure of the general guidelines adopted by the Human Rights Council. Information
included herein has been systematically referenced in endnotes. The report has been prepared
taking into consideration the four-year periodicity of the first cycle of the review. In the
absence of recent information, the latest available reports and documents have been taken into
consideration, unless they are outdated. Since this report only compiles information contained
in official United Nations documents, lack of information or focus on specific issues may be
due to non-ratification of a treaty and/or to a low level of interaction or cooperation with
international human rights mechanisms.
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I.
BACKGROUND AND FRAMEWORK
A. Scope of international obligations1
Core universal human
Date
rights treaties
accession or succession
ICERD
of
ratification,
Declarations/ reservations
Recognition of specific competences
of treaty bodies
30 May 1972
None
Individual complaints (art.14): No
ICESCR
12 December 1973
None
--
ICCPR
12 December 1973
None
Inter-State complaints (art.41): No
ICCPR-OP 1
12 December 1973
None
-
CEDAW
9 July 1984
Yes (art.29)
-
CAT
9 Dec. 1992
-
Inter-State complaints (art.21): No
Individual complaints (art.22): No
Inquiry procedure (art.20):Yes
OP-CAT
21 June 2005
None
-
CRC
26 July 1990
Yes (art.22)
-
Core treaties to which Mauritius is not a party: ICCPR-OP2, OP-CEDAW (signature only, 2001), OP-CRC-AC and OPCRC-SC (signature only, 2001), ICRMW, CPD (signature only, 2007), CPD-OP (signature only, 2007), and CED.
Other main relevant international instruments
Ratification, accession
or succession
Convention on the Prevention and Punishment of the Crime of Genocide
No
Rome Statute of the International Criminal Court
Yes
Palermo Protocol
Yes
Refugees and stateless persons
No
Geneva Conventions of 12 August 1949 and Additional Protocols thereto
Yes, except
III
Additional Protocol
ILO fundamental conventions
Yes
UNESCO Convention against Discrimination in Education
Yes
P a g e | 107
1. The Committee on the Elimination of Discrimination against Women (CEDAW) commended
Mauritius on the withdrawal of reservations to article 11 paragraph 1 (b) and (d) and article 16,
paragraph 1 (g) of the Convention.7
2. The Committee on the Rights of the Child (CRC) recommended that Mauritius withdraw its
reservation to article 22 of the Convention, relating to the individual complaints procedure. 8 3. In
2006, CRC recommended that Mauritius ratify OP-CRC-AC and OP-CRC-SC9;CEDAW
recommended ratifying the Palermo Protocol, OP-CEDAW and ICRMW.10 In 2001,the
Committee on the Elimination of Racial Discrimination (CERD) requested Mauritius to consider
the possibility of accepting the individual complaints procedure provided for under article 14 of
the Convention on the Elimination of All Forms of Racial Discrimination.11
4. CRC welcomed the accession of Mauritius to, inter alia, the Hague Convention No. 33 on
Protection of Children and Cooperation in Respect of Inter-country Adoption.12
B. Constitutional and legislative framework
5. In 2005, the Human Rights Committee (HR Committee) welcomed the enactment of the 1998
Protection of Human Rights Act. However, it reiterated its concern about the failure of Mauritius
to integrate all the rights guaranteed under the Covenant into national legislation, the maintenance
of legislative and constitutional provisions at variance with the Covenant, and the fact that
effective remedies are not available in all cases of violations of the rights guaranteed by the
Covenant.13
6. In 2006, CRC noted with appreciation the legislative reform undertaken by Mauritius to ensure
compliance with the Convention on the Rights of the Child. However, it remained concerned that
some of the legislation does not conform to the Convention, including in the area of adoption and
juvenile justice. It recommended that Mauritius strengthen its efforts in this regard and
encouraged Mauritius to consider enacting a comprehensive Children‟s Act consolidating
legislation relating to child rights.14
7. In 2006, concerned that the provisions of the Convention on the Elimination of all Forms of
Discrimination against Women were not enforceable in courts, CEDAW urged Mauritius to
complete the process of their incorporation into national law.15
C. Institutional and human rights infrastructure
8. CRC, the HR Committee and CERD welcomed the establishment, in 2001, of the National
Human Rights Commission (NHRC). 16 The NHRC was accredited with „A‟ status in 200217 and
reaccredited with the same status in 2008.18
9. In 2005, the HR Committee noted the shortcomings of the NHRC in terms of guarantees of
independence in appointing and dismissing its members. It noted that the Commission does not
have its own budget; that its investigative powers are restricted; and that it often requests the
police to investigate complaints submitted to it. According to the HR Committee, Mauritius
should ensure that the Human Rights Protection Act 1998 establishing the NHRC and its practice
are in line with the Paris Principles.19
10. CRC and the HR Committee welcomed the establishment of the Ombudsperson for
Children‟s Office in 2003.20 CRC recommended that Mauritius ensure that adequate human and
financial resources be allocated to this Office, that it be strengthened by allowing recruitment of
qualified and trained staff, and that it be systematically included in the review of laws and
policies pertaining to children.21
D. Policy measures
11. While noting with appreciation the process of reviewing the Children‟s Policy as well as the
National Plan of Action proposed in 2003/2004 with focus on Early Childhood Care and
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Development and Parental Empowerment Programme, CRC recommended that Mauritius
implement a comprehensive National Plan of Action, covering all areas of the Convention and
incorporating the objectives and goals of “A world fit for children”.22
12. A 2006-2007 UNDP report noted that the Government intends to develop an action plan
through a consultative and participatory process, with a focus on enhancing the human rights
system in a holistic manner, in particular for the most vulnerable groups, such as women,children,
people living with HIV/AIDS and the poor.23
13. In 2005, Mauritius, in collaboration with UNDP and ILO, launched a three-year programme
aiming at promoting gender equality. Other projects included aligning legislation with the ILO
Convention No. 111 concerning Discrimination in Respect of Employment and Occupation,
setting up national machinery to address gender mainstreaming, and analyzing discriminatory
practices in the labour market against women in particular.24
II. PROMOTION AND PROTECTION OF HUMAN RIGHTS ON THE GROUND
A. Cooperation with human rights mechanisms
1. Cooperation with treaty bodies
Treaty body25
Latest report
submitted and
considered
Latest concluding
observations Follow-up response Reporting status
CERD 1999 May 2001 Fifteenth to eighteenth reports overdue
since 2001, 2003, 2005, 2007
respectively
CESCR 1994 Oct. 1996 - Second, third and fourth reports overdue
since 1995, received in 2008
HR Committee 2004 April 2005 April 2006 Fifth report due in 2010
CEDAW 2004 Aug. 2006 - Sixth and seventh reports due in 2009
CAT 1998 May 1999 - Third and fourth reports overdue since
2002 and 2006 respectively
CRC 2004 March 2006 - Third, fourth and fifth reports due in
2011
14. In October 2007, the United Nations Subcommittee on Prevention of Torture visited
Mauritius and handed a set of preliminary confidential observations and recommendations to the
authorities.26
2. Cooperation with special procedures
Standing invitation issued No
Latest visits or mission reports None
Visits agreed upon in principle Special Rapporteur on freedom of religion or belief
Visits requested and not yet agreed
upon
None
Facilitation/cooperation during
missions
Follow-up to visits Responses to letters of allegations
and urgent appeals
One communication was sent during the four year periodicity. The
Government did not reply to it.
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Responses to questionnaires on thematic issues 27 Mauritius responded to 7 of the 12 questionnaires sent by special
procedures mandate holders28 during the period under review, within the deadlines. 29
3. Cooperation with the Office of the High Commissioner for Human Rights
15. Through OHCHR regional office for Southern Africa and UNDP, institutional strengthening
and capacity-building was undertaken with state institutions such as the police, prison officials,
the judiciary and parliament.30 OHCHR also co-facilitated a workshop for the NHRC and its
partners in 2008 on monitoring police complaints and on the establishment of an independent
police complaints commission;31 provided human rights training for prison officials;32 trained
government officials and civil society representatives on treaty body
reporting;33 supported the development of a national human rights action plan;34 organized a
workshop to finalize elements of a plan to create a Human Rights Centre35 and provided expert
technical support for the drafting of the HIV Preventive Measures Act.36 In 2005, Mauritius
hosted a workshop to follow-up on treaty bodies‟ recommendations.37
16. In 2004, OHCHR awarded to the NHRC a small grant to promote the Paris Principles at the
national level.38 Mauritius made a financial contribution to OHCHR in 2008.39
B. Implementation of international human rights obligations
1. Equality and non discrimination
17. CEDAW called upon Mauritius to intensify its efforts to change strong patriarchal attitudes
and stereotypes regarding the roles and responsibilities of women and men in the family and
society through comprehensive awareness-raising and educational campaigns, and strengthening
work on non-sexist advertising, gender-neutral job classifications, sensitization of educators, and
removal of stereotypes in textbooks.40
18. CEDAW noted with appreciation the 1995 amendment to section 16 of the constitution,
which included sex as a prohibited ground of discrimination.41 Noting that according to section
16, the prohibition of discrimination does not apply to personal-status laws and to foreigners, the
HR Committee stated that Mauritius should prohibit all forms of discrimination.42 CEDAW was
also concerned that an exemption to the prohibition of discrimination has been maintained in the
Constitution on personal status law, including adoption, marriage, divorce, burial and devolution
of property on death, and called upon Mauritius to engage with respective religious communities
in order to repeal such exemption.43
19. CEDAW, CRC and the HR Committee welcomed the Sex Discrimination Act (2002).44
CEDAW was concerned however that Mauritius failed to initiate the use of temporary special
measures, as provided for in that Act, to accelerate the achievement of equality between women
and men in both the public and private sectors. 45 CEDAW encouraged Mauritius to include in its
Constitution or national legislation, such as the pending Equal Opportunities Bill, provisions on
the equal rights of women and men. 46 It also recommended the inclusion in this Bill of a
provision on temporary special measures, in particular with regard to women‟s participation in
decision-making, education and access to economic opportunities. 47
20. In 2008, an ILO Committee of Experts noted that the Equal Opportunities Bill does not
include protection against discrimination on the basis of political opinion and that it is unclear
about protection against social origin discrimination. The Committee also noted that the
Employment Rights Bill prohibits discrimination in employment and occupation based on race,
colour, sex, sexual orientation, HIV status, religion, political opinion, national extraction and
social origin. The Committee hoped that the Government will take steps to ensure consistency in
its non-discrimination and equality legislation, and amend the Equal Opportunities Bill so that it
also protects against discrimination based on political opinion and social origin.48
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21. The HR Committee took note of the continuing dispute regarding the legal status of the
Chagos Archipelago, the population of which was removed to the main island of Mauritius and
other places after 1965. It recommended that Mauritius make every effort to enable the
population concerned to fully enjoy their rights under the Covenant.49
2. Right to life, liberty and security of the person
22. The HR Committee noted with concern concurring reports from non-governmental
organizations (NGOs) on numerous instances of ill-treatment and deaths of persons in custody
and in prisons attributable to police officers. Few complaints are investigated in order to identify
and punish the officers responsible. In this regard, it noted with concern the limitations of the
investigations by the Complaints Investigation Bureau, the shortcomings of the NHRC, as well as
the absence of an independent appeals body for complaints against police authorities. Mauritius
should ensure that investigations into all violations of the Covenant are carried out; prosecute the
perpetrators of such violations and pay compensation to the victims; and ensure that the victims
have access to genuinely independent bodies for investigating those complaints.50
23. CEDAW and CRC noted with satisfaction the Protection from Domestic Violence Act 1997
(amended in 2004).51 According to CEDAW however, violence against women remains a serious
problem,52 an issue also raised by the HR Committee. 53 CEDAW called on Mauritius to intensify
its awareness-raising efforts in this respect; to strengthen prevention efforts and sensitization
measures; and to increase the number of available shelters for battered women and their
children.54 The HR Committee added that Mauritius should address obstacles such as economic
dependence on their partners that prevent women from reporting such violence.55
CEDAW also requested Mauritius to enact legislation criminalizing marital rape and to put in
place effective monitoring and evaluation mechanisms to ensure the effectiveness of measures
taken to address all forms of violence against women.56
24. While noting that corporal punishment is prohibited in schools, CRC remained concerned that
it is not explicitly forbidden by law in the family and in all settings. 57 CRC urged Mauritius to
prohibit corporal punishment of children in the family, in schools, penal institutions and
alternative care settings, and recommended awareness-raising campaigns, and promotion of
nonviolent, positive, participatory methods of child-rearing and education.58
25. Noting with concern the incidence of child abuse and neglect, including sexual abuse, CRC
recommended that Mauritius provide facilities for the care, recovery and reintegration for child
victims of violence; ensure that their privacy is protected in legal proceedings; and train parents,
teachers, law enforcement officials, care workers, judges, health professionals and children
themselves in the identification, reporting and management of cases of violence and abuse.59
26. CRC welcomed the adoption of the National Plan of Action on the Protection of Children
against Sexual Abuse including Commercial Sexual Exploitation of Children (2003-2004). It
remained alarmed however at the high number of children involved in commercial sexual
exploitation, 60 and recommended strengthening the implementation of policies and programmes
for the prevention, recovery and reintegration of child victims.61
27. CEDAW was concerned about the lack of information regarding the extent of trafficking in
women and girls and about the absence of a comprehensive law or systematic measures to
address this issue. It was also concerned about the extent of prostitution, including of girl children
as young as 10 years of age, and about the fact that clients of prostitutes are not prosecuted under
current legislation.62 It urged Mauritius to pursue a comprehensive approach in addressing the
question of prostitution, including legislation to sanction the demand side of prostitution, and to
provide educational and economic alternatives to prostitution. It called upon
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Mauritius to address the link between tourism and prostitution and to ensure the effective
prosecution and punishment of those who exploit prostitution.63 In 2005, the HR Committee
recommended that Mauritius pursue and strengthen measures aimed at eradicating child
prostitution and child labour.64
28. The HR Committee reiterated its concern that the powers to detain provided for by article 5,
paragraphs 1 (k) and 4, of the Constitution are incompatible with article 9, paragraphs 3 and 4 of
the Covenant.65
29. The HR Committee noted with concern that the Dangerous Drugs Act 2000 restricts bail and
permits suspects to be remanded in custody for 36 hours without access to counsel.66 3.
Administration of justice and the rule of law
30. CRC remained concerned about the lack of a clear legal provision for the minimum age of
criminal responsibility, the limited use of alternative socio-educational measures and the frequent
use of deprivation of liberty.67 It recommended that Mauritius ensure the full implementation of
juvenile justice standards; establish by law a minimum age of criminal responsibility set at an
internationally acceptable level; increase availability and accessibility of alternative measures for
child offenders using probation services; take all necessary measures to limit the de facto use of
deprivation of liberty and ensure that it is genuinely used only as a last resort; and regularly
conduct training programmes for all professionals working in juvenile justice.68
31. The HR Committee noted with concern the alarming finding of a report drawn up in the wake
of the Beau Bassin prison incidents of 26 September 2003, which shows the considerable
percentage of the inmate population in pre-trial detention (36 per cent) and the excessive length
of such detention for serious offences. It urged Mauritius to ensure that its pre-trial detention
practice is compatible with article 9 of the Covenant.69
4. Right to privacy, marriage and family life
32. CEDAW urged Mauritius to accelerate the establishment of a family court to deal with all
matters relating to marriage and its dissolution, within a concrete time frame (on the national
agenda since 1995).70
33. CRC encouraged Mauritius to continue to ensure that declarations of births are dealt with in a
more expeditious manner.71
34. Sharing Mauritius‟ concern that the privacy of children victims of abuse or in conflict with
the law is not always respected by the press, CRC recommended that all measures be taken to
fully protect the right to privacy, and that the initiatives of the Ombudsperson for Children in this
domain be supported, including the proposals of drafting a Code of Ethics.72
35. Concerned that, according to the Juvenile Offenders Act, a parent or guardian can request a
juvenile court to place a child in an institution on the basis of an oath that the child is “beyond
control”, CRC recommended the abolition of such practice and support to families with
difficulties in the upbringing of children through counselling services.73
36. CRC noted with concern that few institutions undertake a regular review of children under
their placement and that psychological review is only taken when it is evident that the child‟s
behaviour has changed. It recommended that Mauritius adopt a comprehensive mechanism of
periodic review of children placed in institutions.74
37. CRC recommended legislative measures to ensure that in cases of adoption the decision of the
judge is supported by relevant information regarding both the child and the adopting parents in
order for the adoption to be in the best interests of the child.75
5. Right to participate in public and political life
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38. While noting Mauritius‟ commitment to increase the number of women in decision making
and political life to 30 per cent, CEDAW was concerned about the extremely low level or even
absence of representation of women in many sectors of political and public life and in decisionmaking positions, including in parliament and in the private sector.76 CEDAW encouraged
Mauritius to take sustained measures, including temporary special measures, and to establish
concrete numerical goals and timetables to accelerate the increase in the representation of women
in elected and appointed bodies in all areas of public life, including at the international
level. It urged Mauritius to promote awareness of the importance of women‟s participation in
decision-making processes at all levels of society.77 In 2005, the HR Committee also found that
the participation of women in political life remained inadequate. 78 A 2008 United Nations
Statistics Division source indicated that the proportion of seats held by women in the parliament
increased from 5.7 per cent in 2004 to 17.1 in 2008.79
6. Right to work and to just and favourable conditions of work
39. The HR Committee noted in 2005 that the Industrial Relations Act places restrictions on trade
union rights that are at variance with the Covenant, and recommended full respect of the
Covenant in that regard.80 In 1995, CESCR had reiterated its concern as to the adverse effects of
the Industrial Relations Act on trade union rights and the right to strike. 81
40. Particularly concerned about the weak enforcement of labour laws by the Sex Discrimination
Division of the NHRC, CEDAW recommended that serious breaches of the Sex Discrimination
Act be referred for Prosecution. The NHRC apparently opted for mediation rather than referral of
cases of non-compliance with the Sex Discrimination Act to the office of the Director of Public
Prosecutions.82
41. Concerned about the precarious situation of women in employment, the wage differentials
between women and men, the fact that maternity leave with pay only covers up to three births,
and about the absence of paternity leave, CEDAW urged Mauritius to ensure equal opportunities
for women and men in the labour market. In particular, Mauritius should continue to implement
training programmes for unemployed women; extend maternity benefits to women for all births
and encourage the introduction of both paternity and paternal leave.83 Furthermore, efforts should
be strengthened to eliminate occupational segregation and to narrow and close the wage gap
between women and men.84 The HR Committee also recommended that Mauritius strengthen
measures to ensure that women enjoy equal access to the private sector labour market, including
executive positions, and equal pay for work of equal value.85
42. In 2008, the ILO Committee of Experts indicated that the Sex Discrimination Act of 2002
(and the Equal Opportunities Bill intended to replace it) prohibits discrimination based on sex in
employment and occupation but does not contain a provision giving legal expression to
Convention No. 100. The Committee noted the Government‟s indication that the guidelines of the
Code of Conduct for a Conflict Free Workplace (2003), which provides for equal remuneration
for work of equal value, have not yet much been used. It also noted that section 4 of the
Employment Rights Bill protects against discrimination based on sex and provides that
remuneration for any employee shall not be less favourable for another employee for work of
equal value. The Committee hoped that the Employment Rights Bill would be adopted soon and
that the Government will consider integrating a provision in the Equal Opportunities Bill giving
legal expression to the principle of the Convention. It also asked the Government to indicate any
further steps taken to promote a more intensive use of the Code of Conduct and to provide
information on its practical impact.86
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43. A 2007 ILO report noted that, following the ratification of ILO Conventions No. 100 and 111,
a joint ILO/UNDP project was launched in 2005 to develop measures and strategies to redress
existing gender inequalities in employment, in access to vocational training and in remuneration
within the framework of the National Gender Policy and National Gender Action Plan (2005–
2015). The project seeks to assist in harmonizing national law with these Conventions and to
remove discriminatory practices against women with regard to remuneration.87
44. The ILO Committee of Experts noted with interest the information that provisions regarding
admission to hazardous work have been included in the Occupational Safety and Health Bill of
2005, to be adopted soon. Accordingly, no employer shall employ persons under 18 years in any
of the listed hazardous activities.88
7. Right to social security and to an adequate standard of living
45. In 2006, while appreciating the efforts made towards poverty alleviation, CRC found no
significant improvement of the living conditions of vulnerable groups particularly with regard to
access to adequate housing, education and health-care facilities.89
46. Concerned about regional disparities in accessibility to health services, high infant mortality
rates, infant and maternal malnutrition, the sharp decrease in breastfeeding, and limited access to
clean and safe drinking water in Rodrigues, CRC recommended that Mauritius prioritize the
allocation of financial and human resources to the health sector to ensure equal access to quality
health care by children in all areas of the country.90
47. CEDAW and CRC were concerned about the incidence of teenage pregnancy.91 CEDAW
urged Mauritius to step up the provision of family planning information and services to women
and girls, in particular regarding reproductive health and affordable contraceptive methods, to
promote widely sex education targeted at girls and boys, with special attention to the prevention
of teenage pregnancy, to provide women with access to quality services for the management of
complications arising from unsafe abortions and to reduce women‟s maternal mortality rates.92
48. CEDAW and the HR Committee were concerned about abortion being criminalized in all
circumstances93 including when the mother's life is in danger.94 CEDAW recommended the
removal of punitive provisions imposed on women who undergo abortion. It urged Mauritius to
expedite the review of circumstances under which abortion could be permitted, and to provide
women with access to quality services for the management of complications arising from unsafe
abortions.95
49. CRC recommended that Mauritius strengthen its efforts to ensure access to reproductive
health services for all adolescents; incorporate reproductive health education in the school
curriculum; conduct awareness-raising campaigns among adolescents about reproductive health
rights and the prevention of sexually transmissible diseases, HIV/AIDS, and early pregnancies;
and provide particular support to pregnant teenagers, including through community structures and
social security benefits, and ensure their completion of education.96
50. In 2006, CEDAW expressed concern about the increasing HIV/AIDS infection rates of
women,97 and recommended the full implementation of the National Strategic Plan to Combat
Sexually Transmitted Diseases and HIV/AIDS,98 an initiative welcomed by CRC. 99 CRC also
welcomed the provision of anti-retroviral drugs to pregnant women free of charge.100 However,
concerned that the lack of awareness about HIV/AIDS leads to fear and discrimination, CRC
recommended the integration of respect for the rights of the child into HIV/AIDS policies and
strategies.101
51. A 2007 UNAIDS report noted that injecting drug use has emerged as a new factor for HIV
infection in Mauritius and that national strategies on HIV in prison settings were being
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endorsed.102 The report supported the development of the HIV Preventive Measures Act, which
provides for expanded access to confidential, voluntary HIV testing and counseling, and
mandates the establishment of a national needle exchange programme.103
8. Right to education and to participate in the cultural life of the community
52. CEDAW noted with appreciation the adoption of the Education Act (amended in 2005),
which increased the age of free, compulsory education to 16 years.104
53. CRC acknowledged the remarkable improvement in the field of education, and recommended
that the proposed reforms secure access to free and compulsory secondary education for all
children regardless of their social status and ethnic background. It also welcomed the introduction
of the Zone d‟éducation prioritaire (ZEP) as an affirmative action measure to reduce disparities
in education.105 The ILO Committee of Experts, also noting the ZEP programme, indicated that
90 per cent of children aged 12 to 15 are in schools and that Mauritius was expecting to achieve a
school enrolment rate of 100 per cent by 2006.106
54. CEDAW recommended that Mauritius give high priority to reducing the illiteracy rate of
women and to ensure that schools for girls are provided with the same facilities and resources as
schools for boys. It further recommended the active encouragement of diversification of
educational and professional choices for women.107
55. The HR Committee noted with satisfaction measures taken to promote the use of written
Creole in schools.108 In 2006, however, CRC was concerned that English as the official language
of instruction in schools is not supplemented by educational materials in Creole, and
recommended the development of a policy regarding the use of Creole in the Early Childhood
Development stage and at primary levels. 109 It recommended that Mauritius introduce human
rights education in the school curriculum.110 A 2007 report noted the involvement of UNESCO in
the formulation of recommendations for the inclusion of human rights education in primary and
secondary schools.111
56. CRC, while noting progress, remained concerned about the low proportion of children with
disabilities attending schools, particularly due to the poor accessibility to schools mostly located
in the urban areas; and about the reluctance of schools to admit children with disabilities. The
Constitution does not provide for protection from discrimination on the ground of disability. 112 It
recommended that Mauritius further encourage the integration of children with disabilities into
the regular educational system and their fullest possible social integration.113
9. Human rights and counter-terrorism
57. In 2005, the HR Committee believed that the impact of the Prevention of Terrorism Act 2002
may be all the more serious as the notion of terrorism is vague and lends itself to broad
interpretations. While noting that no arrests had been made under the Prevention of Terrorism Act
and despite certain guarantees such as video recordings of interrogations and of suspects in
detention, the HR Committee expressed concern that the provisions of that Act denying bail and
access to counsel for 36 hours are at variance with the Covenant. 114
58. On 20 March 2006, the Special Rapporteur on the promotion and protection of human rights
while countering terrorism expressed similar concerns, adding that under the Prevention of
Terrorism Act, the Minister in charge of national security may declare any person to be a
“suspected international terrorist” based, inter alia, on “reasonable” suspicion that the person “(i)
is or has been concerned in the commission, preparation or instigation of acts of international
terrorism; (ii) is a member of, or belongs to, an international terrorist group; (iii) has links with an
international terrorist group and it is reasonably believed that the person is a risk to national
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security”. This qualification has wide-ranging consequences given the nature of the charge. The
Special Rapporteur asked the Government to indicate the procedural and judicial guarantees
granted to individuals who have been declared “suspected international terrorists” to challenge
such a qualification and the criteria used in the determination that individuals are “suspected
international terrorists”. Furthermore, he asked the Government to indicate how this issue will
affect the right of individuals to apply for asylum. No reply to the Special Rapporteur‟s
correspondence has been received. 115
III. ACHIEVEMENTS, BEST PRACTICES, CHALLENGES AND CONSTRAINTS
59. The 2001-2003 United Nations Development Assistance Framework (UNDAF) noted
enormous strides in the areas of health and education. The country has a fairly long and well
established positive track record in its commitment to the Welfare State and to respect human
rights. There is a very large and actively engaged civil society as well as a very vigorous
independent press.116
60. The HR Committee welcomed the Criminal Code (Amendment) Act 2003, which introduced
a new section 78 on “Torture by public official.”117
61. CEDAW took note with appreciation of the creation of a fund to promote further the
economic empowerment of vulnerable groups.118 It welcomed the establishment of the Trust Fund
for the Social Integration of Vulnerable Groups to provide access to economic resources to
women living in poverty as well as the launching of microcredit and microenterprise schemes to
enable women to become self-sufficient and more economically independent.119
IV. KEY NATIONAL PRIORITIES, INITIATIVES AND COMMITMENTS
A. Pledges by the State
62. The Government pledged in 2006 to continue to uphold the primacy of democracy, good
governance and development; strengthen national institutions on human rights; participate
actively in the work of the Human Rights Council; and support efforts to enhance intercultural
dialogue120
B. Specific recommendations for follow-up
63. The HR Committee asked to be provided, within one year, with additional information on the
implementation of its recommendations relating to domestic violence and the reporting of such
incidents; complaints, investigations and prosecutions of instances of ill-treatment and deaths of
persons in custody and in prisons, and pre-trial detention.121 A follow-up response was received in
April 2006 and the HR Committee decided to take no further action.122
V. CAPACITY-BUILDING AND TECHNICAL ASSISTANCE
64. CRC recommended that Mauritius seek further technical assistance and cooperation for the
creation of more effective specialized institutions, including day-care centres, and for the training
of parents and professional staff working with and for children.123
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ANNEX V- UPRW Report 3
A
UNITED
NATIONS
General Assembly
Distr. GENERAL
A/HRC/WG.6/4/MUS/3
24 November 2008
Original: ENGLISH
Fourth session
SUMMARY PREPARED BY THE OFFICE OF THE HIGH COMMISSIONER
FOR HUMAN RIGHTS, IN ACCORDANCE WITH PARAGRAPH 15 (C) OF
THE ANNEX TO HUMAN RIGHTS COUNCIL RESOLUTION 5/1 *
Mauritius*
The present report is a summary of five stakeholders‟ submissions1 to the universal periodic
review. It follows the structure of the general guidelines adopted by the Human Rights Council. It does not
contain any opinions, views or suggestions on the part of the Office of the United Nations High
Commissioner for Human Rights (OHCHR), nor any judgement or determination in relation to specific
claims. The information included herein has been systematically referenced in endnotes and, to the extent
possible, the original texts have not been altered. Lack of information or focus on specific issues may be
due to the absence of submissions by stakeholders regarding these particular issues. The full texts of all
submissions received are available on the OHCHR website. The report has been prepared taking into
consideration the four-year periodicity of the first cycle of the review.
__________________________
I. BACKGROUND AND FRAMEWORK
A. Scope of international obligations
1.
According to the National Human Rights Commission (NHRC), Mauritius has signed the
Convention on the Rights of Persons with Disabilities but has not yet ratified it. The Government
must be encouraged to ratify the Convention, taking into account that its objectives can be
progressively realised.
2.
The Commonwealth Human Rights Initiative (CHRI) and the NHRC further noted that
Mauritius is not a signatory to the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families.
B. Constitutional and legislative framework
3.
The NHRC indicated that it has recommended that the Constitution of Mauritius provide
explicitly for the protection and promotion of economic, social and cultural rights.
* The present document was not edited before being sent to the United Nations translation services.
P a g e | 117
C. Institutional and human rights infrastructure
4.
The NHRC was set up in 2001 under the Protection of Human Rights Act of 1998. In
2002, a Sexual Discrimination Division was added to the Commission following the enactment of
the Sex Discrimination Act of 2002. The Commission produces an Annual Report in which it
makes recommendations to promote human rights in Mauritius, based on the review of the
situation.
5.
According to the Service d‟accompagnement, de formation, d‟intégration et de
réhabilitation de l'enfant (SAFIRE), national authorities have been considering opening up
membership of the National Children‟s Council to representatives of non-governmental
organizations (NGOs), which could be a useful step to reinforce dialogue and cooperation
between the State and civil society on issues pertaining to child welfare.
D. Policy measures
6.
According to CHRI, in 2006, the National Action Plan to End Gender Violence was
approved. A controversy arose this past year surrounding the attempted passing of the Sexual
Offences Bill, which was intended to be a central part of that action plan. Despite some
weaknesses, the Bill was considered by some gender activists as a “progressive piece of
legislation.”
7.
CHRI also indicated that in June 2007, activists praised the inclusion of an entire chapter
of the national budget on gender discrimination issues. The budget is expected to help close the
gap between the five percent unemployment rate for men and the 15 percent unemployment rate
for women. The budget also included financial support for women and children who are victims
of physical abuse.
8.
SAFIRE made reference to corporate tax ceilings and poverty alleviation measures
implemented by the Government and referred in particular to a Corporate Social Responsibility
Programme, indicating however that responsibilities of corporate bodies have not been clearly
defined.
II. PROMOTION AND PROTECTION OF HUMAN RIGHTS ON THE GROUND
A. Cooperation with human rights mechanisms
9.
CHRI noted that Mauritius has not extended an open invitation to the United Nations
Human Rights Council‟s Special Procedures.
10.
The NHRC indicated that the Ministry of Justice and Human Rights should be properly
equipped to report regularly to treaty bodies.
B. Implementation of international human rights obligations
1. Equality and non-discrimination
11.
The NHRC noted that sex discrimination is not widespread in Mauritius, since a multitude
of laws protect women, and that only about one fifth of complaints received by the Sex
Discrimination Division of the NHRC are justified. CHRI referred to reports by the National
Human Rights Commission that 61 cases of gender-based discrimination, including sexual
harassment, were filed in 2007.
12.
CHRI also reported that many rape cases filed by victims get dismissed owing to delays
before cases reach trial. CHRI also noted that between January and May 2007 alone, there were
239 registered cases of gender-based violence at the Ministry of Women.
13.
The Collectif Arc-en-Ciel (CAC) reported on the reality and daily discriminations faced
by the lesbian, gay, bisexual, transgender community in Mauritius. No possible legal mean is
available to seek acknowledgement of and compensation for any discrimination or violence due
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to sexual or presumed sexual orientation. CAC highlighted the importance of raising awareness
about any form of discrimination18 and of setting up local structures and facilities offering
medical and psychological support to the transgender and transsexual community. CAC further
wished that all incitement or homophobic act be acknowledged and punished by law and
requested the establishment of support structures for victims of physical or psychological abuse,
including specialized police units.
2. Right to life, liberty and security of the person
14.
The NHRC indicated that although Mauritius has a good reputation as regards respect of
civil and political rights, it has received several complaints alleging police brutality. The NHRC
indicated reports about resort to indiscriminate arrests and use of duress and violence by the
police to obtain confessions. Similar observations were made by CHRI.
15.
According to CHRI, incidents of police abuse have been alleged in the media in the past
year and reported by the NHRC. One custodial death was also reported on 17 May 2007, wherein
the detainee allegedly hanged himself in the cell and evidence of negligence on the part of police
officers was found after an independent enquiry into the incident. These events underline the
necessity for the establishment of an independent police complaints mechanism, which the Prime
Minister promised but has yet to deliver.
16.
The NHRC indicated however that the number of deaths in police custody has been
reduced almost to nil annually, barring one or two cases where the police officers have been
negligent in their duties in preventing detainees at risk from committing suicide. In so far as
police brutality is concerned, about one fifth of the complaints received by the NHRC are found
to be justified (about 12 over 60). However it takes too much time to try and punish the culprit
because of the delays in the administration of justice. A fast track should be imposed for the
prosecution of police officers.
17.
CHRI noted that under the Optional Protocol to the Convention against Torture and other
Cruel, Inhuman or Degrading Treatment or Punishment, ratified by Mauritius in June 2005, the
Government is obliged to set up a National Preventive Mechanism.
18.
CHRI also indicated that rape and violence against women continue to be regularly
reported in the media, with marital rape singled out. The draft Sexual Offences Bill however is
silent on the issue.
19.
The NHRC reported that overcrowding in prisons has been lessened. The problem of
HIV-AIDS and drugs in prisons still has to be solved. The Commission has advocated that drugs
offenders, like other prisoners, should benefit from remission of part of their sentence and also
recommended that the State should set up rehabilitation programmes instead of leaving this
initiative to NGOs. It has also been found that prisoners who are genuinely ill do not benefit from
proper medical care.
20.
According to CHRI, juvenile detention centres are reportedly not suited for rehabilitation
and often mix violent juveniles with those convicted of less serious offences. Prison guards do
not have proper training to care for juvenile offenders. A lack of educational facilities and
activities in detention centres, reports of violence and abuse by guards, the non-existence of
halfway homes for reintegration into society, and a complete absence of post-release supervision
or support have also been noted.
21.
The NHRC noted that searches of premises for drugs should be carried out with due
observance for the procedure of securing and exhibiting search warrants. CHRI noted criticisms
that the Police use powers of arrest indiscriminately at the start of an investigation instead of
P a g e | 119
establishing a prima facie case before arresting people. NHRC indicated that warrants of arrest
should not be issued for non payment of fines and non appearance in Court.
3. Administration of justice and the rule of law
22.
The NHRC referred to delays in courts whereby it may take three to four years before
important criminal cases reach trial. The NHRC further indicated that it is imperative that this
problem be dealt with so that detainees on remand do not have to wait unduly before being tried.
An effort has been made to set up a Criminal Division of the Supreme Court. Matters should also
be expedited at the level of the Supreme Court.
23.
According to a 2007 report by the Mauritian Central Statistics Office, cited by CHRI, the
rate of juvenile delinquency in Mauritius is increasing, and CHRI further noted that according to
the Ombudsperson for Children, the State‟s response is highly inadequate.
4. Right to privacy, marriage and family life
24.
CAC deemed it important to facilitate change of gender at the civil status. CAC further
denounced the penalization of sodomy maintained in Mauritius.
25.
CAC hoped that the Equal Opportunities Bill will allow legal acknowledgement of
homosexual couples and their equal rights concerning adoption, inheritance rights and
procedures, medical and social advantages, taxes, etc.
26.
According to SAFIRE many children are sent to the Rehabilitation Youth Centre (RYC)
and Correctional Youth Centre (CYC), suggesting the decriminalization of certain „offences‟
committed by minors to reduce the number of incarcerated children and channel them toward
truly rehabilitating alternative care institutions. SAFIRE recommended that the Ministries of
Youth and Sports, of Social Security and of Women's Rights and Child Development support the
establishment of Drop-in-Centres / Day Care Centres for educational, recreational and
counselling purposes to children and their relatives with a view to reintegrating children, and
provide housing support to families and training of relevant personnel.
5. Freedom of religion or belief, expression, association and peaceful assembly,
and right to participate in public and political life
27.
According to Reporters sans frontières (RSF), Mauritius benefits from a real press
freedom, with pluralistic and multi-lingual media. Daily newspapers and weeklies are often
critical of both the government and the opposition parties. The development of private radio
stations was initiated in 2002, but no private television stations exist yet. The Prime Minister
announced in 2008 a law creating a Media Council, a regulation tool for the press, but without
elaborating further. This announcement triggered a debate in the private press, some fearing that
it might be an attempt to muzzle the private media outlets. Until now, no text has been presented
to the Parliament. RSF recommended that the Government should establish an original and
peaceful dialogue with the independent press, to list the demands of the private sector and make
proposals to improve the standards of publications.
28.
However, CHRI made reference to reports that three journalists were arrested on charges
of defamation and brought into Police headquarters for questioning about a media report that had
alleged that a large sum of money had been found in a police officer‟s mailbox. According to
CHRI, on 20 November 2007, Prime Minister Navin Ramgoolam stated in the National Assembly
that it would be “totally in order for legislation to be introduced with a view to strengthening
existing provisions aimed at preventing abuse of freedom of the press amounting to unwarranted
intrusion into the privacy of citizens and scurrilous and defamatory, if not untrue, allegations
against citizens of our country” and using the story about the money in the mailbox as an example
of why stricter anti-defamation laws were needed.
P a g e | 120
29.
According to the NHRC, women are very much under represented at the level of the
National Assembly - about one tenth of the seventy members.
6. Right to work and to just and favourable conditions of work
30.
According to the NHRC, many cases of sexual harassment at work go unreported because
women are afraid of losing their jobs.
31.
CHRI indicated that according to media reports, migrant workers continue to face very
difficult living and working conditions and are afforded little, if any, legal protection. Long
working hours and pay below minimum wages as well as abusive living conditions have been
reported. Many migrant workers from various countries are present in Mauritius, as indicated by
the NHRC. The Ministry of Labour, Industrial Relations and Employment has set up a unit to
provide help to migrant workers in case of labour-related problems. The NHRC recommended
that a proper legal framework be put into place to protect the rights of migrant workers.
32.
CAC indicated that since the Employment Rights Act 2007 was voted, it is now illegal to
fire or refuse to employ a person based on his/her sexual orientation, but considered that this first
step is not enough.
7. Right to social security and to an adequate standard of living
33.
According to the NHRC, economic, social and cultural rights exist in Mauritius by virtue
of the fact that Mauritius is a Welfare State which provides free education from the pre-primary
to the tertiary level, access to free medical services, and social security benefits for widows,
orphans, persons with disabilities, and students in need. The State also provides subsidies for
housing for poor people and has set up a Trust Fund for Poverty and an Empowerment
Programme to encourage small entrepreneurs.
34.
SAFIRE, highlighting that some regions are afflicted by diseases and are deprived of
water supply, hygienic conditions and visits by health personnel, recommended that access to
health services and adequate water supply be facilitated in these regions.
35.
SAFIRE referred to the situation of street and socially marginalized children,
highlighting the absence of State-led rehabilitation initiatives since 2006; the lack of long term
rehabilitation programmes for teenage mothers, as well as for children using illicit and harmful
substances. SAFIRE also indicated that there is an urgent need for more regular and systematic
teenage pregnancy prevention campaigns.
8. Right to education and to participate in the cultural life of the community
36.
Although education is free, one third of children do not pass the Primary School Leaving
Certificate examinations, as indicated by the NHRC which highlights language problems as a
possible reason for such situation. English and French are used as media of instruction whereas
most people speak Creole. The NHRC recommended that in the early years of schooling Creole
should also be used as a medium of instruction to help children who are at a disadvantage.
37.
The NHRC considered that a culture of human rights should be encouraged from an early
age by the introduction of human rights education in schools.
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ANNEX VI- NAIROBI DECLARATION
Ninth International Conference of
National Institutions for the
Promotion and Protection of Human Rights
Nairobi, Kenya, 21-24 October 2008
The Nairobi Declaration
3.
NHRIs and the Judiciary and Access to Justice
NHRIs and Legal Aid Providers and Systems
NHRIs and Law Enforcement
NHRIs and places of detention
The Ninth International Conference of NHRIs adopted the following
Declaration:
The Ninth International Conference of NHRIs,
4.
Noting the report of the United Nations Secretary-General to the Human Rights
Council A/HRC/7/69 acknowledging that NHRIs compliant with the Paris
Principles are key elements of strong and effective national human rights
protection systems;
5.
Acknowledging that through the exercise of their mandates, NHRIs can support
Governments in ensuring that international human rights norms are applied at
the national level, including by facilitating follow-up actions to the
recommendations resulting from the international human rights system;
6.
Recalling Declarations issued by previous international conferences of NHRIs,
especially the Seoul Declaration and Santa Cruz Declarations;
7.
Urging the continued enhancement of the role and participation of NHRIs in
the international human rights system and NHRIs‟ interaction with the UN
Human Rights Council, the UN Human Rights Treaty Bodies, the Special
Procedures Mandate Holders, the UN Commission on the Status of Women and
UN instruments and mechanisms concerned with the rights of indigenous
peoples and enforced disappearances. The establishment of a Representative of
the ICC in Geneva will assist in this role;
8.
Stressing that the independence and autonomy of NHRIs, their pluralistic
representation, as well as their interaction with a broad range of stakeholders, is
necessary for their compliance with international standards and their
effectiveness at the national, regional and international levels;
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9.
Welcoming the increasingly important role of NHRIs in the work of OHCHR
and the deepening of their partnership in connection with the implementation of
the High Commissioner‟s Plan of Action and OHCHR country engagement
strategy, and in this regard also welcomes the development of a guidance note
for NHRIs on transitional justice as well as an operational guide on torture
prevention;
10.
Welcoming the initiative of the High Commissioner for Human Rights in the
context of the 60th anniversary of the Universal Declaration of Human Rights
with respect to the “Dignity and justice for detainees week” and the action
undertaken by NHRIs worldwide in response to that initiative;
11.
Welcoming the participation of the Harvard University Law School Human
Rights Program in the international conference and welcoming closer
cooperation between that Program, NHRIs, regional coordinating bodies and
OHCHR;
12.
Welcoming the participation and contribution of Equitas, Rights and
Democracy and the Association for the Prevention of Torture in the proceeding
of the International Conference and their continuous cooperation with the
NHRIs, regional coordinating bodies and the OHCHR;
13.
Recognizing that the more the United Nations system works closely with and
through independent NHRIs, the greater are the chances of success and
sustainability of good governance, rule of law and human rights efforts and
welcoming the cooperation of OHCHR with UNDP in the development of a
Toolkit for UNCT staff on NHRIs;
14.
Welcoming the increasingly important role for NHRIs to work collaboratively
with NGOs in implementing their mandate and welcoming the NGOs Plan of
Action presented at the NGOs Forum of the 9th International Conference;
15.
Recognizing that rule of law development requires the full and meaningful
participation and support of national stakeholders;
16.
Recognizing the fundamental importance which the rule of law and
administration of justice has in ensuring the promotion and protection of human
rights;
17.
Recognizing the important role of the judiciary in applying human rights
standards, in the development of a strong national system for human rights
protection;
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18.
Recognizing the importance of the establishment by the United Nations
Secretary-General of the Rule of Law Coordination and Resource Group,
coordinating UN system-wide attention on the rule of law and welcoming
closer cooperation of the UN with NHRIs in implementing programs on the
rule of law at the national level;
19.
Recognizing the important role that NHRIs play in ensuring an effective
administration of justice, in particular with regard to access to justice, the
judiciary, law enforcement and correctional and detention facilities;
20.
Emphasizing that the rule of law should be based on a Constitution and national
legislation, consistent with international human rights standards and principles;
21.
Acknowledging that the role of NHRIs with regard to courts is one of support
and cooperation, aimed at a constructive engagement in order to ensure the
highest standards for the promotion and protection of human rights;
22.
Acknowledging that the relation between law enforcement and NHRIs is one of
oversight on the part of NHRIs and of necessary cooperation;
23.
Acknowledging that while prisons are places where there is deprivation of
liberty, all human rights of detainees must be guaranteed;
24.
Taking note of the recommendation contained in the report to the 8th session of
the Human Rights Council of the Special Rapporteur on extrajudicial, summary
or arbitrary executions (A/HRC/8/3) to appoint a Special Rapporteur on the
rights of detainees;
In order to implement this Declaration, NHRIs hereby agree:
25.
To undertake initiatives towards the strengthening of the administration of
justice, within their mandates, and encourage cooperation in this area at the
regional and international level, including through OHCHR and the wider UN
system;
26.
To publicize and encourage implementation of relevant recommendations of
UN Treaty Bodies, as well as the Human Rights Council‟s Special Procedures
to monitor thematic areas in human rights and ensure reporting and proper
follow up;
27.
To promote incorporation of international norms into national law;
28.
To engage in inter-country and regional /NHRI cooperation and use the ICC
network to communicate on the issue of the administration of justice. NHRIs
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shall also endeavour to form strategic partnerships with civil society
organizations to implement their activities.
29.
To develop and implement within their institutions a strategy to strengthen the
administration of justice;
30.
To establish a working group made up of the NHRIs‟ regional chairs, through
the ICC Chair, to define a concrete plan of action for the implementation and
follow up of this Declaration to be reviewed at ICC meetings, starting in March
2009;
31.
To request OHCHR to prepare a report which would include NHRIs best
practices as emerged during the 9th international conference in strengthening the
administration of justice.
32.
To widely share this Declaration to relevant partners including members of UN
human rights bodies as well as the UN system.
General Guidelines
The State has the primary responsibility to protect, promote and respect human rights
and ensure that the administration of justice is in full compliance with both
international and domestic human rights obligations. The following are the main areas
where NHRIs, through the exercise of their mandate, working closely with partners,
including the NGOs, may become involved in order to strengthen the administration
of justice:
NHRIs and the Judiciary and Access to Justice
33.
NHRIs should consider, in contributing to the promotion of the role of the
judiciary in promoting and protecting human rights, the following actions:
a.
Role of NHRIs in Receiving Cases of Human Rights Violations and
assisting victims: complaints-handling in a sequential nature; i.e. NHRIs
may handle complaints submitted to them by a complainant and by
settling the case through conciliation and mediation, thereby relieving
the existing case-load of courts; Ensuring victims of human rights
violations receive compensation, including encouragement of the
establishment of the fund for this purpose; Promoting equal access to
justice and assisting victims seeking redress with information on the law
and the legal system particularly in relation to marginalized or
vulnerable groups as well as migrants;
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b.
Seeking informal legal redress mechanisms through conciliation or
through binding decisions;
c.
Providing Recommendations to strengthen the legal system and
judiciary:
Proposing and contributing to legislative reforms to strengthen the
judiciary (e.g. procedures related to the level and appointment of
prosecutors and judges and qualifying lawyers; the independence of the
judiciary and its capacity to adjudicate cases fairly and
competently);Advocating for strengthening of laws to improve the
judicial or criminal law system including enacting a law against torture
where none exist; Strengthening the compliance of informal and
traditional justice systems with international human rights standards by
monitoring traditional justice mechanisms and addressing all forms of
discrimination both in the composition of traditional justice tribunals,
their procedures and in terms of substantive outcomes of cases;
d.
Promoting adherence and compliance of the judiciary to international
human rights norms including through amicus and legal education:
Increasing awareness and knowledge by the judiciary of international
human rights norms, standards and practices and related jurisprudence,
including through training, seminars, study tours, or articles in
professional legal publications. Engaging with judicial educational
bodies and professional legal training bodies; Assisting in the education
of judges, lawyers, prosecutors and other judicial authorities (e.g.
ensuring curricula reflect international human rights law); Providing
support for the development of legal education facilities (e.g. library);
informing persons who filed petitions with NHRIs of their rights and
remedies available intervening in courts as amicus curiae, nationally
and, if existing, in regional human rights mechanisms;
e.
Taking action where officials in the judiciary are faced by intimidation,
threats or violence;
f.
Through their research and monitoring functions examining the
conditions of access to justice for all, with particular reference to
indigent, vulnerable and marginalised groups;
NHRIs and Legal Aid Providers and Systems
34.
Encouraging and supporting the establishment of legal aid centers that provide
out-reach services and enhance access to justice, especially for people living in
poverty, and other vulnerable groups;
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35.
Finding appropriate means of cooperating with such centres, in particular to
ensure that human rights are thoroughly integrated into the provision of legal
aid;
36.
Encouraging the establishment of autonomously managed legal aid schemes in
order to meet obligations in national and international law;
37.
Working to ensure legal recognition and standardization of paralegalism.
NHRIs and Law Enforcement
38.
NHRIs, together with relevant stakeholders, should strive to strengthen law
enforcement systems, institutions and personnel, including through:
a.
Initiating the development, publication and implementation of education
and training resources on human rights and international humanitarian
law standards, investigation techniques for law enforcement and security
forces and encourage them to incorporate human rights and international
humanitarian law into all levels of their programs;
b.
Developing or revising standing orders that apply to police and security
forces to meet international human rights and international humanitarian
law standards, in particular related to places of detention, procedures of
arrest, investigation and interrogation;
c.
Encouraging alternatives to pre-trial detention (such as bail, surveillance
reporting and non-cash guarantees);
d.
Encouraging non-custodial measures of punishment (such as community
service, fines, restitution or compensation to the victim), especially for
breast-feeding mothers in detention;
e.
Presenting concrete proposals aimed at ensuring that minor offences do
not come under the ambit of the criminal law system; for instance, by
strengthening mediation and direct victim compensation, and promoting
local community structures for resolving petty crimes;
f.
Periodic site inspections (announced and unannounced) of police
stations and prisons, in close partnership with other independent
structures tasked with this role and law enforcement and other national
authorities, encouraging them to take appropriate, prompt action;
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g.
Legislative proposals on the setting up of accountability mechanisms,
monitoring systems to ensure their application and internal investigation
procedures and sanctions;
h.
Monitoring and reporting on alleged cases of corruption in the police
and security forces;
i.
Assistance in vetting processes (through the provision of confidential
information on past human rights violations -for serious abuses there are
no time limits- the violators, as well as cases of corruption and abuse of
authority);
j.
Public awareness-raising on complaints procedures against the police;
k.
Encouraging fair remuneration and working conditions for law
enforcement and security personnel.
NHRIs and places of detention
39.
NHRIs should encourage their Governments to ratify the Convention against
Torture (CAT) and its Optional Protocol (OPCAT), and to consider their
designation as national preventive mechanism in this context, only if the
necessary powers and resources are made available to them;
40.
NHRIs should ensure their Governments adopts appropriate measures to ensure
that all detainees are able to enjoy their rights to, among other things, health,
food, water and education;
41.
NHRIs should work with their Governments to ensure that those in detention
have the opportunity to complain about violations of their rights, including to
the NHRI (for example through face-to-face complaints, complaint boxes or
on-site human rights counselling services), and, where a violation is found, that
detainees have access to a remedy and compensation;
42.
NHRIs should monitor their Governments‟ obligation to respect, protect and
fulfil the rights of all people in detention, especially vulnerable or marginalised
groups, and support their reintegration within society;
43.
NHRIs should strive to strengthen the correctional system and its personnel,
including through:
a.
Training of correctional staff (on human rights, interviewing and
investigatory techniques, the prohibition of torture, OPCAT, etc.);
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b.
Development of training materials for correctional staff on core
international human rights standards regarding the correctional system;
c.
Revision of implementing regulations in line with international
standards;
d.
Visits or periodic inspections (announced and unannounced) of any
place of detention and confidential interviews with detainees;
e.
Investigating complaints;
f.
Assistance in vetting processes of staff of any place of detention;
g.
Legislative review and proposals (possibly based on individual
complaints), including on minimum standards for correctional facilities;
codes of conduct for correctional staffs; the intake, incarceration and
transfer of inmates;
h.
Facilitating assistance to families of detained persons that appeal to the
NHRI;
i.
Appropriate protection and assistance for the best interest of children of
women in detention;
j.
Ensuring the protection of detainees from torture and cruel inhuman and
degrading treatments and punishments; and
k.
Raising community awareness concerning the dignity and justice for
detainees.
Adopted in Nairobi,
24 October 2008
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ANNEX VII
STATISTICS
COMPLAINTS TO THE NHRC 2008
I
II
No. of
complaints
Disposed
of
Pending
A. Police Brutality
44
27
17
B. Verbal Abuse
20
17
3
C. Service delivery
52
44
8
D. Other Complaints
45
38
7
Complaints against Police
Complaints
Bodies
Sub-total
against
Public
161
35
E. Prisons Authorities
F. Ministries/Government
Departments
G. Parastatal bodies
10
10
Nil
9
1
8
1
1
Nil
H. Government owned companies
2
1
1
I. ICAC
1
1
Nil
Sub-total
III
126
23
21
2
Complaints against Institutions
other
than
public
bodies
(outside jurisdiction)
J. Judiciary
6
6
Nil
K. DPP
1
1
Nil
L. Miscellaneous Complaints
8
7
1
Sub-total
TOTAL
15
199
14
161
1
38
P a g e | 130
ANNEX VIII
STATISTICS
COMPLAINTS TO THE NHRC DEALT WITH IN 2008
Pending
from
2006
I
II
Pending
No. of
from
complaints
2007
2008
Total
Disposed
Pending
of
Complaints against Police
A. Police Brutality
2
14
44
60
43
17
B. Verbal Abuse
-
4
20
24
20
4
C. Service Delivery
-
6
52
58
50
8
D. Other Complaints
-
11
45
56
48
8
Sub-total
Complaints against Public
Bodies
2
35
161
198
161
37
E. Prisons Department
-
3
10
13
13
-
F. Ministries/Departments
-
-
9
9
8
1
G. Parastatal Bodies
H.
Government
Companies
-
1
1
2
2
-
-
-
2
2
1
1
-
-
1
1
1
-
Owned
I. ICAC
Sub-total
Complaints
against
Institutions
other
than
III
public
bodies
(outside
jurisdiction)
-
4
23
27
25
2
J. Judiciary
-
-
6
6
6
-
K. DPP
-
-
1
1
1
-
L. Miscellaneous Complaints
-
-
8
8
7
1
Sub-total
TOTAL
-
2
-
39
15
199
15
240
14
200
P a g e | 131
1
40
ANNEX IX- NHRC Cases 2006- Police Brutality
COMPLAINTS TO THE NHRC RECEIVED IN 2006 DEALT WITH IN 2008
A
Police Brutality
File No
1
06/191
2
06/199
Case
Remarks
Complainant alleged that he was assaulted by Police
Officers on 10.11.06. Police Version: He was found
hiding near the spot where a hold-up had just been
committed and he was arrested. Police denied assaulting
him.
Other
suspects
have
accused
complainant
of
being part of the
gang
who
committed
the
hold-up.
Complainant alleged that he was assaulted and forced to Case with DPP
confess to having set fire to his house leading to the
death of his children. Police version: Complainant
confessed to having committed the offence.
P a g e | 132
ANNEX X- NHRC Cases 2007 – Police Brutality
COMPLAINTS TO THE NHRC
RECEIVED IN 2007 DEALT WITH IN 2008
A.
Allegations of Police Brutality
File Number
1. 076/13
2. 071/43
3
3. 071/54
8
Respondent
Case
CID Officers of Complainant alleged that on
Terre Rouge
26.01.07 he was arrested and
assaulted by CID Officers. Police
version: complainant‟s cousin had
accused him of snatching her bag
and stealing money from it. Police
denied having assaulted him.
ADSU Rose Hill Complainant alleged that on
16.03.07 he was at Petite Rivière
proceeding to Cité Richelieu on his
motorcycle when he was signalled
to stop. Three persons alighted from
a van and searched him. When he
refused to remove his trousers, he
was assaulted.
Police Version:
Complainant was stopped and
searched following information that
he had drugs on him. Police denied
his allegations.
Police Officers Complainant alleged that on
of Flic-en-Flac 15.04.07 at about 5.15 p.m he was
Police Station
arrested at Flic-en-Flac Public
Beach and was falsely accused of
causing damage to a car. He was
taken to Flic-en-Flac Police Station
where he was assaulted. He was
detained for two nights and was
released on bail on 17.04.07. Police
version: Complainant was identified
as having assaulted a police officer
with a bottle of beer.
Remarks
Filed
investigation
after
Complaint
substantiated.
Referred to DPP.
Filed
investigation.
P a g e | 133
after
File Number
4. 071/57
9
5. 072/83
5
6. 072/93
9
Respondent
Case
Police of La Complainant alleged that on
Tour Koenig
14.04.07 at about 21.00 hrs, he was
assaulted by one N. after having
discovered some of his belongings
at N.‟s place. He reported the
matter to the police but, in the
presence of N., he was forced to
sign a statement and to confess
having lent those articles to N. He
alleged that a Police Officer used
filthy words to address him and
assaulted him.
Police
Officer Complainant alleged that on 1st
Eau
Coulée April 2007 he was arrested and
Police Station
assaulted by a Police Officer. He
felt that he was being victimized as
his girlfriend was the sister of the
Police Officer‟s fiancée and their
family did not approve of the
relationship.
Police
Version:
Complainant was taken to station for
threatening and assaulting his father
in front of police.
CID of Curepipe Complainants alleged that on 31
May 2007 at about 21.30 hrs, CID
Officers of Curepipe arrested them
and falsely accused them of larceny.
They were assaulted and detained
for one night and released on bail on
1 June 2007.
Police version:
Complainants were arrested for
assaulting police officers when they
were queried about their presence in
the area.
Remarks
Substantiated.
Referred to DPP.
Substantiated.
Referred to DPP.
Not
substantiated.
However,
recommended that
case
against
complainants should
not be pursued.
P a g e | 134
File Number
7. 073/104
P4adoue
8. 073/135
6
Respondent
Case
Remarks
MCIT Curepipe
Complainant alleged that on 4 May Case before Court
2007, he was in the car park of
Casino, Curepipe when a CID
officer questioned him. A search
was effected in his car and a cutter
and a pair of scissors were seized.
Complainant was taken to MCIT
Curepipe where he was assaulted
and detained for 3 nights.
Complainant claimed that he is a
florist and materials seized were for
daily use.
Police Version:
Complainant was followed on the
basis of suspicious behaviour
towards
pedestrians.
The
complainant took out a cutter when
he was questioned. A case of
„bearing offensive weapon‟ was
lodged against him.
CID Officers of Complainant alleged that on Not substantiated.
Souillac
18.07.07 at about 13.30 hrs he was
at „Centre de Jeunesse‟ at Souillac
when two Police Officers in civilian
clothes took him to the Police
Station.
There he was falsely
accused of participating in a case of
larceny and assaulted. Both he and
his brother aged 18 were forced to
sign a statement before he was
released.
Police Version:
Complainant was found loitering
and was taken in for questioning.
He confessed to having kept watch
whilst his friend committed larceny.
Police denied his allegation.
P a g e | 135
File Number
9. 073/150
7
10. 074/178
2
11. 074/179
3
12. 074/191
6
13. 074/197
7
Respondent
Case
CID Bel Air Complainant alleged that on 27.8.07
Rivière Sèche
CID of Bel Air Rivière Sèche
arrested and assaulted him regarding
a case of larceny. Police Version:
Complainant was arrested following
an
anonymous
phone
call
implicating him in a case of larceny.
He was arrested and stolen articles
secured.
Police
Complainant alleged that his mother
had been assaulted by a police
officer at Flacq Hospital
Rose Hill Police Complainant alleged that the
du Transport
respondents forced him into a police
van and took him to their office. On
the way, he was abused verbally and
assaulted at the station.
CID Trou aux Complainant alleged that in October
Biches
2006, he was at his mother‟s place
at Pointe aux Piments when some
police officers came and asked him
to accompany them to CID Trou aux
Biches. He did as he was told.
Once in the CID office, he was
questioned and also assaulted.
CID
Complainant alleged that on
28.02.07, he was arrested by Rose
Hill CID and questioned in relation
to a case of larceny of a laptop and
mobile phone. He denied the charge
but was detained up to 06.03.07.
During his detention, he was
assaulted by several police officers.
Police Version: Complainant was
arrested for larceny of laptop and
mobile. Complainant admitted lying
about his address. Police denied
having assaulted him.
Remarks
Not substantiated..
Not substantiated.
Substantiated.
Referred to DPP.
Filed
investigation..
after
DPP requested to
consider the incident
when deciding the
case
against
complaint.
P a g e | 136
File Number
14. 074/201
8
Respondent
Case
Remarks
Line
Barracks Complainant alleged that on Filed
Police Station
11.12.07 at about 17.00 hrs, he went investigation..
to Line Barracks Police Station as
witness for a dispute between 2
hawkers. There, he was abused
verbally and assaulted by a Police
Officer.
At about 21.00 hrs,
complainant went to the Line
Barracks Police Station to report
police brutality and he was once
more abused verbally and assaulted
by another Police Officer.
P a g e | 137
after
ANNEX X- NHRC Cases 2007 – Verbal Abuse
B. Complaints of Verbal Abuse against Police
Respondent
Case
1. 075/58
Police
2. 071/144
0
Police Officers
3. 071/149
1
MCIT Curepipe
Complainant alleged that following
an incident on 12.04.07 in
connection with the „Azaan‟
demonstration, he was verbally
abused by a police officer when an
Inspector of Police issued orders to
arrest him. He reported the matter
to the Pope Henessy Police Station
but he was requested to call at CIB
Rose Hill to make a proper
complaint and was asked to sign a
simple statement.
Complainant stated that on 22.07.07
he was heading towards Terre
Rouge from Pamplemousses on his
motorcycle when 3 police officers
stopped him.
He was unfairly
accused of being drunk and told that
his licence was not valid. He was
taken to Terre Rouge Police Station
and was verbally abused.
21.08.07 at about noon, 5 officers of
MCIT, Curepipe arrested and
verbally abused her. She was taken
to MCIT Curepipe and detained in
police cell for 17 days.
She
appeared before Mapou Court on
22.08.07 and was released on
07.09.07.
Police
version
–
Complainant alleged to be the
accomplice of a swindler.
File Number
Remarks
Filed
investigation..
after
Under consideration.
Filed
investigation..
P a g e | 138
after
ANNEX X- NHRC Cases 2007 – Verbal Abuse
File Number
4. 071/202
2
Respondent
Case
Officer of CID Complainant alleged that on
Curepipe
12.12.07
at
8.00
a.m,
he
accompanied his friend to CID of
Curepipe and there an officer talked
harshly to him, and tried to
intimidate him. Police version –
Complainant was interfering in an
enquiry about anonymous phone
calls to a lady M.P.
Remarks
Complainant
informed
Commission that he
would seek legal
advice
regarding
conciliation.
However, he did not
revert back. Filed.
P a g e | 139
ANNEX X- NHRC Cases 2007 – Service Delivery
C.
Service Delivery
File Number
1. 072/106
1
2. 073/147
7
3. 074/161
0
4. 074/175
2
Respondent
Case
Police Officers
of
Curepipe
Police Station
25.06.07 she went to Curepipe
Police Station to give a declaration
against her husband for domestic
violence and breach of protection
order. There police accepted to take
her declaration on intervention of an
inspector. She was insulted by one
Police
Sergeant.
Complainant
alleged that Police has not taken any
action against her husband.
Police of Terre Complainant alleged that he was
Rouge & Line injured following an incident on
Barracks
03.09.07 at about 18.00 hrs at Terre
Rouge. He gave a declaration at
Terre Rouge Police Station but he
did not sign the statement as
contents were not read over to him.
Thereafter he proceeded to Line
Barracks where declaration was not
recorded according to his wishes.
Hence he made a complaint at CIB
Rose Hill.
Police
The house of complainant‟s sister
was burnt down on 8.5.07.
Complainant alleged that one V. G
whom he suspected of the arson is
constantly harassing and threatening
his sister. Police Version: They
could not take action against him as
he was a patient at Brown Sequard
Hospital.
Police
Complainants alleged that although
Abercrombie
several complaints had been lodged
against their neighbours and latters‟
friends, police did not take any
action against them.
Remarks
Flied. Case
husband
lodged.
against
already
CIB enquired into
the matter.
Police enquired into
the
matter.
Complaint referred
to Commissioner of
Police for necessary
action.
Police enquiring into
the matter.
P a g e | 140
ANNEX X- NHRC Cases 2007 – Service Delivery
Respondent
Case
5. 074/188
5
Police
Abercombie
6. 074/193
6
Police
Complainant alleged that police
were not taking appropriate action
against Mr N. M. who assaulted
complainant and broke his right
hand.
Complainant alleged that following
a family dispute between him, his
wife and cousin on 19 October
2007, he went to give a statement
against his cousin at Chemin
Grenier Police Station. The police
officers refused to take his statement
as his cousin is a Prison Officer.
File Number
Remarks
Police enquired and
referred the case for
Court action.
Filed
investigation..
P a g e | 141
after
ANNEX X- NHRC Cases 2007 – Other Complaints Against Police
D.
Other Complaints against Police
File Number
Respondent
Case
Complainant alleged that in July 07
ADSU effected a search and planted
8 doses of drugs at his place. He
claims that he has been unjustly
accused and that the ADSU Officers
threatened to visit him again.
23.08.07 officers of CID Curepipe
effected a search at his place without
a search warrant. He claimed that
he was a building contractor and
that police seized his building
materials.
Complainant
stated
that
his
neighbour was constantly harassing
him. He alleged that it was unfair of
Police to give him a warning
following a false declaration.
18.09.07 at about 5.00 hrs, 15
officers of CID Curepipe effected a
search at his place and that of his
son in virtue of a search warrant
issued on his name only.
Complaint alleged that police
arrested him without showing him
any warrant of arrest. At the station
they realised that he had been
arrested by mistake.
Police
version:
Complainant
accompanied police voluntarily. He
was allowed to go after verification
of his identity
1
07/127
Police
2
07/141
CID Curepipe
3
07/152
Police
4
07/156
CID Curepipe
5
07/164
Police
Remarks
CIB requested a
statement
from
complainant
on
several occasions but
he refused. Set aside.
Filed
investigation.
after
Advised to give a
declaration to Police.
Display of force does
not help towards
community policing.
CP
informed
accordingly.
Set aside.
P a g e | 142
File Number
6
07/166
7
07/172
8
07/177
9
07/189
10
07/192
Respondent
Case
Police
Complainant was warned by Police
to attend Rose Hill Court on
10.10.07 in a case of „Assault‟. He
claimed that he was innocent and
had, in the past, been falsely
incriminated in other cases by a
detainee.
ADSU (Plaine Complainant alleged that on
Verte)
23.10.07 at about 19.15 hrs, ADSU
Plaine Verte searched his place and
seized some documents and a sum
of Rs 9,000 approximately.
Police
Complainants alleged that Police
had booked them for driving above
speed limit whilst other persons who
were also speeding were not
booked.
Police Vacoas
Complainant alleged that his brother
had made various false allegations
against him upon which police were
taking action. Complainant does not
agree with the way police are
proceeding with the case.
ADSU
Complainant alleged that he was
arrested by the ADSU because he
was the brother of one S. L. and thus
his right to liberty was unfairly
tampered with.
Remarks
Withdrawn
Filed
investigation..
after
Family
dispute.
Police tried to settle
the matter through
conciliation but to no
avail.
Set aside.
Drug case already
heard by Supreme
Court and awaiting
judgment.
P a g e | 143
File Number
11
07/204
Respondent
Case
Police
Complainant alleged that he was Money
forfeited
arrested at the Sir Seewoosagar after arrest. Advised
Ramgoolam International Airport on to apply for legal aid.
11.10.06 for possession of drugs. At
the CID office, he gave his defence
without counsel. Thereafter a Police
Sergeant took Rs 2500/- from his
pocket money to buy clothes for
him. He also took 750 USD to pay
for hotel expenses. The 500 US $
that remained from his pocket
money were not returned to him.
Remarks
P a g e | 144
ANNEX X- NHRC Cases 2007 – Prisons Department
E.
Complaints against Prisons Department
Respondent
Case
1. 071/186
6
Prisons
2. 071/194
7
Prisons
3. 071/199
9
Prisons
Complainant alleged that he had
been tortured and ill-treated in
prison.
Complainant had been detained at
Grand River North West Prison for
more than 38 months for an alleged
drug offence and his case had still
not been lodged. Complainant, a
German on remand, alleged that he
received letters from his family
more than 3 months after they
reached Mauritius.
Complainant alleged that her
husband, a detainee, suffering from
severe pain, was admitted to Jeetoo
hospital (Cardiac Unit) on 10.12.07
and would have to undergo an
operation.
She requested the
Commission to make the necessary
arrangements for her husband to
return home from hospital.
File Number
Remarks
Allegation
being
enquired by CCID.
Delay
du e
to
translation of letters
for scrutiny. Prison
Department
will
avail of services of
private translator to
expedite matters..
Advised to petition
Commission on the
Prerogative
of
Mercy.
P a g e | 145
ANNEX X- NHRC Cases 2007 -Parastatal Bodies
G.
Complaints against Parastatal Bodies
File Number
1
07/198
Respondent
Case
Remarks
Management of Complainant alleged that there were Enquiry did not
CW A
cases of overt racial discrimination disclose
racial
at the CWA by respondent.
discrimination.
Employees had been
promoted on merit
and seniority.
Set aside.
P a g e | 146
ANNEX XI - NHRC Cases 2008- Police Brutality
COMPLAINTS RECEIVED IN THE YEAR 2008
A
Responde
File
Number nt
Case
Remarks
1.
08/03
CID & Flic- Complainants alleged that on 28.12.07 at Police enquiry into case
en-Flac Police around 03.00 hrs, a group of CID and police of larceny ongoing.
officers entered and searched their house Under consideration.
without any warrant. Complainants and
their children were arrested and taken to the
station..Complainants alleged they were
verbally abused on the way to Police Station
and that they were verbally abused and
assaulted by police officers during
interrogation. Police Version:Complainants
arrested and their house searched following
a case of larceny where they were both
suspects. They have denied committing
offence.
2.
08/06
C ID
Curepipe
Complainant alleged that on 08.09.07, at Not substantiated
around 13.30 hrs, while he was at Flacq Bus
Station, he was assaulted by some 10 CID
officers and was arrested. He further
alleged that CID officers searched his house
during his absence and his personal
belongings had disappeared during the
search. Complainant is a Habitual Criminal
and has on several occasions been sentenced
to custodial sentence. Police Version:
Allegations denied. There were several
cases against him.
CID Curepipe
Complainant stated that on 18.01.08 Being enquired into by
Officers of Curepipe CID arrested her CIB.
companion. On 21.01.08, at CID Office, he
informed her that he had been beaten by
Police Officers and he had to undergo
surgery at ENT. She added that one police
officer requested him to say that he had
fallen down. Police Version: complainant‟s
companion jumped through the window of
their office found on the first floor and
landed heavily on the road and injured
himself.
3 08/12
P a g e | 147
A
Responde
File
Number nt
Case
Remarks
4 08/14
Police
of
Petite Rivière
Police Station
Complainant alleged that on 29.09.07 at Not substantiated.
about 10.00 p.m, he was assaulted by 5
persons including one Police Officer. He
gave a declaration at Petite Rivière Police
Station on 30.09.07 and at CIB. He further
alleged that ever since the Police Officer is
threatening him.
5 08/15
CID
Goodlands
Complainant alleged that on 14.01.08 at Awaiting court action
about 7.40 hrs, CID Officers of Goodlands against complainant.
arrested him for a case of larceny. He was
assaulted and forced to confess to the case
of larceny. He was taken to Mapou Court
and bailed out.
Police Version: Complainant arrested in a
case of larceny. Police had enough evidence
against him.
6 08/22
Police
of
Souillac
Police Station
Complainant claimed that following an Not substantiated.
incident in a bus, he slapped a student. He
alleged that two Police Officers took him to
Souillac Police Station where he was
detained and assaulted.
He attended
Souillac and J. Nehru Hospitals for
treatment. Police Version: Allegations
denied. Claimed that complainant had
assaulted a college student.
7 08/25
ADSU
Rose Hill
Complainant stated that on 19.12.07 at Set aside
about 9.30 hrs she was at Rose Hill bus
terminal and intervened in a discussion
between two persons. She alleged that she
was assaulted by an officer of ADSU and
taken to ADSU Rose Hill.
She was
detained up to 17.30 hrs on that day.
ADSU Version:, They noticed 2 persons
using filthy language. They were called to
order but complainant did not heed. She was
taken to station and both were booked and
prosecuted.
P a g e | 148
A
Responde
File
Number nt
Case
Remarks
8 08/27
ADSU,
Rose Hill
Complainant alleged that on 28.02.08, Set aside
ADSU Rose Hill, arrested him in a
bungalow at La Preneuse and assaulted him.
He was taken to ADSU Rose Hill for
enquiry concerning drugs.
He further
alleged that the officers were asking him to
trap his cousin in a drug case.
Police
Version: Complainant was in possession of
drugs when he was arrested.
9 08/29
CID Vacoas
Complainant alleged that on 26.02.08, CID Complainant
officers of Vacoas searched his house away.
following a case of larceny. He further
alleged that he was brutalised and taken to
Vacoas Police Station where he was
assaulted and detained. He was released on
bail on 03.03.08.
10 08/35
ADSU
Complainant alleged that on 24.10.06, he Enquired into by CIB.
was arrested at Roche Bois by ADSU and
assaulted. He went to Roche Bois Police
Station, then to hospital. He alleged that on
14.03.08 at the central market, two persons
threatened to trap him in a drug case if he
did not withdraw the complaint. Police
Version: ADSU confirmed searching
complainant but denied the allegation of
assault.
11 08/42
Bel Air Police Complainant alleged that on Friday Not substantiated.
Station
07.03.08, at about 07.30 hrs, he enquired
into the reasons why two girls were using
the lane to his house his daughter‟s in law‟s
house. At about 12.30 hrs, on same day,
four police officers came to his place,
arrested him and dragged him into their
vehicle. They did not inform him of the
reasons of his arrest and brought him to Bel
Air Police Station where Police assaulted
him. Police Version: Complainant was
arrested following complaint of verbal
threats made by his daughter-in-law.
passed
P a g e | 149
A
Responde
File
Number nt
12 08/43
Delta
P iton
Case
Remarks
Force Complainant alleged that on Monday Set aside.
24.03.08, at about 04.30 hrs, six officers of
Delta Force, Piton entered his house without
showing a warrant. They searched his house
and seized some articles. They then brought
him to CID Office, Piton where they
assaulted him. Police Version: Police
denied the allegation of complainant and
affirmed that they executed a search warrant
issued by District Magistrate of Mapou.
13
08/54
MCIT
Curepipe
Complainant alleged that on 26.03.08 he
was dealt fisticuffs and slaps by officers of
MCIT in the vicinity of La Nicoliere. He
was again assaulted by several officers at
Curepipe and his head was plunged in water
to
extract
confession
from
him.
Complainant involved in a case of murder.
Matter to be thrashed
out in court. Attention of
DPP drawn to the
complaint.
14
08/70
Police
Complainant left his paramour‟s car at his
cousin‟s place for repairs in year 2007. He
claimed that afterwards the car was missing
at his cousin‟s place. He alleged that on
15.04.08 he was at Vacoas market when
police brutalised him and took him to his
cousin‟s place where he was forced to
confess that he had taken the car and to
hand over the original deed of sale.
Police still enquiring
into case of larceny of
vehicle. Will be heard
after completion of
police enquiry.
15
NHRC/
PB(15)/
08/81
Police-Delta
Squad (Piton)
Complainant alleged that on 02.05.08. Delta Set
aside
Squad arrested him for unknown reasons investigation.
and assaulted him at Flacq and took him to
Piton where they again assaulted him. He
fainted and the officers brought him to
SSRN Hospital. On 05.05.08, he was bailed
out. Police Version: Police denied the
allegation. Complainant was arrested
following a case of larceny with violence.
Police also had enough evidence against
him. According to medical evidence,
complainant suffered from fits and was a
drug user treated as outpatient for hepatitis .
P a g e | 150
after
A
Responde
File
Number nt
Case
Remarks
16
NHRC/
PB(16)/
08/83
Police
Post
Flacq
Hospital
Complainant alleged that on 17.05.08 at
about 17.45 hrs he went to Flacq hospital
for consultation. Following an incident
between a minor and a Doctor, Police
accused him of having assaulted the doctor.
A group of Police Officers took him outside
the hospital and assaulted him.
Complaint will be
considered after Court
case
against
complainant is over.
17
08/84
Police
Complainants W & S, both tourists, alleged Not substantiated.
that during their stay as from 06.04.08 they
had not been offered proper services at
Ambre Hotel. They were also harassed by
Hotel Manager. They also alleged that on
17.04.06, Mr S was brutalised and assaulted
by 5-6 policemen.Police Version: Second
complainant was mentally troubled.
18
08/88
Police Trou Complainant alleged that seven Police Under consideration
D‟Eau Douce Officers called at his place at 7.30 p.m on
31.05.08 and arrested his son. His son was
assaulted and dragged into the police van.
On 02.06.08, his wife enquired from police
of Trou D‟Eau Douce. She was informed
that her son had been admitted to Victoria
Hospital. Police Version: Complainant‟s
son was arrested after a declaration of
disturbance was made against him because
he was under influence of alcohol and was
seeking trouble with his aunt.
19
08/90
Delta Squad
Police
Officers
Complainant alleged that on 24.05.08, at Referred to DPP.
about 15.00 hrs 6 Delta Squad Police
Officers searched his house without
introducing themselves nor showing any
search warrant. They brutalised him for
refusing to sign a blank paper and took him
in a van. Then the officers released him and
told him that they would trap him in a case.
At 18.00 hrs, he went to SSRNH where he
was admitted for 2 days. Police Version:
They had a search warrant, though the name
was not properly written. They denied the
allegations of complainant.
P a g e | 151
A
Responde
File
Number nt
Case
Remarks
20
08/91
ADSU Flacq
Complainant alleged that on 07.04.08, he Set aside.
was assaulted by team of ADSU Flacq at his
place and brought to police station. They
told him to withdraw the case he had lodged
against them on November 2005 at Moka
Police Station. They also told him that there
will be objection to bail if he refused to
withdraw the case. Police Version:
Complainant arrested on 2 occasions for
drug dealing. A large amount of drugs was
secured from him.
21
08/93
CID
Complainant alleged that on 05.06.08 CID
arrested his son. Later, he went to Grand
Bois Police Station to meet his son who
informed him that he had been assaulted by
CID Officers. The next day, CID Officers
called at complainant‟s house in search of
the son and stated that he had escaped and
jumped in a river at Réduit. On 07.06.08,
the dead body of the son was retrieved from
the river.
Case
heard.
Recommendations made
to C P .
22
08/94
CID
Police Complainant alleged that on 12.06.08, her Under consideration
Delta Squad
neighbours informed her that CID had
arrested her husband after having effected a
search at her place and secured drugs. The
neighbours added that about 30 CID officers
of Police Delta Squad later brought her
husband back home and neighbours noticed
that he was wounded and was bleeding.
Police Version: Complainant was arrested
for larceny with violence and was positively
identified.
23
08/98
Police
Officers
Complainant alleged that on 07.03.08 at Set aside.
about 14.40 hrs, she was at Margeot Square,
Rose Hill when a police officer treated her
as a thief. Later, another officer assaulted
her. Both officers insulted her at Rose Hill
Police Station.
P a g e | 152
A
Responde
File
Number nt
Case
Remarks
24 08/111
Police
Officers
Mahebourg
Police Station
Complainant alleged that on 22.06.08, Set aside.
following a dispute with some neighbours,
he phoned Mahebourg Police Station. 5
police officers came and two neighbours
assaulted his brother in front of the officers
who did not intervene. Complainant claimed
he was slapped by Sergeant B when he
called at the Police Station to give a
declaration. Police Version: Complainant
makes frequent complaints.
25
08/116
Police
Complainant alleged that on 28.01.08, his Awaiting outcome of
Belle
Mare sister and her two sons, came to his place court
case
against
Police Station and assaulted him after insulting him. Later complainant.
4 Police Officers came to his place. They
assaulted complainant and took him to Belle
Mare Police Station. He was detained for 1
night without food and water. The next day
he was released after having signed a
statement without knowing its contents.
Police Version: Police intervened on a
request
for
assistance
and
found
complainant in a drunken state using
abusive language towards everyone. As he
did not cool down, he was arrested.
26
08/117
CID Curepipe
Complainant alleged that on 17.06.08 CID Not substantiated.
Officers of Curepipe arrested her son. They
assaulted him and he was admitted to
Victoria Hospital on18.06.08. The CID
Officers brought him to Vacoas Detention
Centre on 19.06.08. Police did not question
her son in presence of his lawyer. He was
again assaulted and brought to hospital on
26.06.08. Police Version: Complainant‟s
son was arrested in a case of larceny with
violence and exhibits were secured.
Complainant‟s son confessed being
involved in the case. Police denied having
assaulted him.
P a g e | 153
A
Responde
File
Number nt
Case
Remarks
27
08/118
Police
South)
(CID Complainant alleged that in February he Set aside.
was arrested by CID South. The officers
brought him to La Tour Koenig Police
Station where the officers assaulted and
attempted to kill him in a police cell. He
complained to the Magistrate each time he
was taken to Court but to no avail. Police
Version: Police claimed complainant was
involved in several larceny cases and there
was enough evidence against complainant
and denied assaulting him.
28
08/122
CID Quartier Complainant alleged that he was on remand Confession may be
Militaire
at G.R.N.W. Prison since 21.01.08 in challenged in Court.
connection with a case of rape and Police is
objecting to his release on bail. He alleged
that Police assaulted another co-accused in
order to incriminate complainant. He
alleged that Police also assaulted him and
made him confess to a rape case. Police
Version: Police denied the allegations and
claimed that complainant was suspected of
rape and murder.
29
08/129
CID
Baie
30
08/132
MCIT
Grand Complainant alleged that on 30.07.08, at Case will be heard
about 4.15 hrs, he was waiting for a van shortly.
near Appt. Bougainvilles to proceed to his
place of work when a CID officer
approached him and forced him inside a
van. He was abused verbally and slapped.
Police questioned him and they searched his
bag but nothing incriminating was found.
Complainant stated that on 06.08.08 St.
Croix CID arrested her son for dangerous
drugs. She alleged that on 07.08.08 while
her son was at Flacq Court, he informed her
that the MCIT had assaulted him and not
taken him to hospital.
Complainant‟s
son
requested to give a
statement regarding the
allegation.
P a g e | 154
A
Responde
File
Number nt
31
08/135
CID
Terre Rouge
Case
Remarks
Complainant stated that he is actually on
remand at Beau Bassin Prison for a case of
murder in January 2005. He was arrested by
Terre Rouge CID and detained 21 days at
Trou aux Biches Police Station. During that
period, he was beaten by the CID Officers
and forced to sign statements without
knowing their contents. He added that no
identification parade was held in his case.
After 3 years on remand, he is still being
refused bail.
Incident is more than 2
years
old.
Cannot
intervene.
32 08/136
Grand
Bois On 26.08.08 at about 08.05 hrs, at Grand
Police Station Bois Police Station, complainant‟s brother,
detainee A. R asked to have a bath. PC J
was supervising the detainee who was
taking his bath. After 10 minutes PC J went
to check the detainee when he saw that the
latter had hanged himself by means of a
rope string from his trousers.
No foul play suspected.
However,
recommendations made
to
CP
regarding
detention of persons in
police custody.
33 08/140
Officers CID Complainant alleged that on 29.07.08 at Set aside.
of
Quatre about midnight, he was returning home
Bornes
along La Louise when a car stopped at his
level. He ran away as he was frightened.
One of the two occupants ran after him,
caught hold of him, assaulted and forced
him to get in the car. He was questioned
about a theft of diesel and taken to Quatre
Bornes Police Station. He denied any
involvement in the case but was beaten. He
was brought to hospital and was issued a PF
58. He was detained and then released on
bail. Police Version: Watchman had seen
complainant stealing diesel.
34 08/ 146
Police
(Port
Mathurin)
Complainant alleged that on 07.07.07, he Under consideration.
was on his way to police station regarding
cleanliness of toilets at RRA Building when
someone assaulted him. After some time
police came and forced him in a police
vehicle. The Police assaulted him. He was
unconscious and brought to police station.
P a g e | 155
A
Responde
File
Number nt
Case
Remarks
35 08/150
ADSU
– Complainant alleged that on 07.02.08 at Case to be heard.
Mahebourg
about 12.30 hrs, ADSU officers searched
his place for drugs. One of the officers with
whom he had problems previously wanted
to trap him. One Police Sergeant slapped
complainant in the presence of his daughter.
36
08/154
Delta
P iton
37
08/167
Officers
of Complainant alleged that, on 26.10.08 at Set aside.
Fanfaron
about 20.15 hrs, she was walking past
Police Station Fanfaron Police Station with some relatives
when they were assaulted by several Police
Officers. Police Version Complainants and
other persons assaulted police. Police had to
use force to protect themselves.
38
08/171
Officers
of
Stanley Police
Station
39
08/172
Officers
of Complainant‟s son was detained in a Police Under consideration.
Roche-Bois
cell at Roche-Bois Police Station from
Police Station 27.10.08 to 06.11.08. He alleged that he was
beaten by Police officers everyday during
that period.
40
08/176
Officers
of
Riviere
des
Anguilles
Police Station
Squad On 19.08.08 at about 01.00 hrs, Under consideration
complainants were arrested in relation to a
kidnapping case. They alleged that they
were beaten by police officers.
Complainant alleged that, on 08.11.08 at Case
substantiated.
about 16h15 hrs, he went to Stanley Police Referred to DPP.
Station to file a complaint when he was
insulted by a Police officer and
subsequently assaulted by two Police
officers.
Complainant, a Police Officer. alleged, on Under consideration.
18.10.08 at about 20.45 hrs that he was at a
„Tobacco Shop‟ in Tyack when Police
officers came in and asked for the shop
licence. He claimed that the Police officers
addressed him in a loud and arrogant
manner. He claims that he was arrested and
taken to the Police station where he was
beaten by Police officers. Police Version:
Police alleged complainant was drunk.
P a g e | 156
A
Responde
File
Number nt
41 08/178
Case
Death at Line
Barracks
Detention
Centre
On 23.11.08, detainee was found dead in his
cell at Line Barracks Detention Centre. The
cause of death was „asphyxia by hanging.‟
Remarks
No
foul
play.
Recommendations
made
regarding
detention and running
of CCTV Room.
42
08/180
Police
Flacq
Complainant alleged that, on 23.11.08 at Under consideration.
about 01.30 hrs he had an argument with
five friends next to the Flacq Fire Station.
He claims that a Police van came and Police
officers ended the argument. He claims that,
as he was walking home, he was arrested by
some twenty Police officers. He alleged that
some of the Police officers beat him with
wooden sticks as they were putting him in
the Police van.
43
08/185
Police
Complainant alleged that, on 27.11.08 at Being heard.
about 16.30 hrs, he was outside Winners in
Terre Rouge when he was assaulted by a
Police officer and arrested under a
concocted charge.
Terre Rouge
44
08/190
Officers
of Complainant, a Bangladeshi national, Under consideration.
Triolet Police alleged that, on 30.11.08 at about 23.00 hrs,
Station
he was arrested at his house and taken to
Triolet Police station. He claims that two
police officers there assaulted him and made
him sign blank sheets of paper.
P a g e | 157
ANNEX XI - NHRC Cases 2008- Complaints of verbal abuse
1.
File
Number
08/07
2.
08/16
3.
08/18
Responde
nt
Case
Police
of
Fanfaron
Police Station
Complainant was arrested on 15.01.08 at
about 17.00 hrs in a case of larceny. He
alleged that he was taken to Fanfaron Police
Station and was verbally abused.
Police Version: Case of larceny reported by
Company Director against complainant and
there was enough evidence against him.
Coast Guards Complainant stated that his son and two
NCG
cousins were swimming at Flic-en-Flac on
18.01.08 at about 9.00 p.m. He alleged that
2 officers of the National Coast Guard
verbally abused them and took them to Flicen-Flac NCG Station where they were
accused of illegal fishing.
Police Version: Complainant‟s son and his
cousins were arrested for illegal fishing
following information from other police
units.
CID Flic-en- Complainant alleged that on 14.12.07 at
Flac
about 5.30 hrs CID Officers searched his
house for stolen jewellery. They seized his
mobile phones and chargers but did not find
any stolen jewellery. He was arrested and
taken to CID office of Flic-en-Flac where
he was verbally abused and detained up to
18.12.07.
Police
Version:
Police
Version:
complainant could not account for several
pieces of jewellery found in his possession.
He did not keep any register nor had any
licence to operate as a jeweller.
Remarks
Set aside.
Set aside.
Set aside.
P a g e | 158
Responde
nt
4.
File
Number
08/20
5.
08/21
CID
Grand Baie
6
08/39
Pope
Hennessy
Police
7
08/41
Police
ADSU
Rose Belle
Case
Complainant stated that on 28.01.08 ADSU
Officers of Rose Belle effected a search at
his residence and arrested him for
possession of drugs. He alleged that one
Police Officer placed the drugs in his
wardrobe during the search. He added that
he was verbally abused, humiliated and
taken to Grand Bois Police Station where he
was detained.
Police Version: Police denied wrongdoing.
Complainant stated that on 12.02.08 she
went to Grand Baie CID to see her son who
was arrested in a case of larceny. She
alleged that the Police Officers verbally
abused her there.
Police Version: Independent witness
alleged that complainant was using abusive
language in station and Police did not abuse
her verbally.
Complainant was arrested on 04.01.08 in a
drug case. He was released on 07.01.08 and
had to report to P.Hennessy Police Station
twice weekly. He alleged that on 20.03.08,
he was verbally abused by a police officer
there.
Complainant had a dispute with two police
officers on 10.03.08.
He alleged that
following this incident, police was
attempting to frame and arrest him on false
and malicious grounds.
Remarks
Complainant advised to
raise the issue in Court.
Set aside.
Complaint filed after
investigation..
already referred for
prosecution by Police.
P a g e | 159
8
File
Number
08/60
9
08/63
10
08/73
11
08/92
Responde
nt
Case
Officers
– Complainant alleged that on 17.04.08 at
ADSU
04.45 hrs, Police opened the window of his
Mahebourg
son‟s bedroom and told him that they
needed to search the house as there were
drugs at his place. The officers used vulgar
language against his family.
Police Version: A search was effected by
virtue of a search warrant. No drug or
incriminating articles were found there. The
search started at 05.05 hrs and ended at
06.15 hrs.
Police
Complainant alleged that on 24.01.08 while
he was driving along the side road from
Reduit to Port Louis, he was stopped by
Police and booked. Complainant alleged
that the Police Officer talked to him rudely.
Police
went to Rose Belle Police Station to sign his
„weekly call‟ when a Police Officer insulted
him. He also alleged that the officer
humiliated him publicly earlier.
Police Version: Allegations denied.Officer
did not speak to him on that date.
Respondent‟s version confirmed by station
orderly.
Police – Pope Complainant alleged that on 31.05.08 at
Hennessy
about 13.45 hrs, he and his cousin were at
Police Station Champ de Mars when two policemen
arrested them and brought them to Pope
Hennessy Police Station in connection with
a rape case though he did not bear any
resemblance to the photo of the suspect
which had been publicized. An officer
verbally abused them at the station. Later,
another officer insulted his parents who
came to see him. He was taken to Quatre
Bornes Police Station where he was allowed
to go after giving his statement.
Remarks
Set aside
Set aside.
Set aside.
Case to be heard.
P a g e | 160
12
File
Number
08/104
13
08/121
14
08/130
Responde
nt
Case
La
Ferme
Police Station
Rodrigues
about 13.00 hrs, he had an accident. A
Police Sergeant of La Ferme Police Station
asked them to settle the matter by
themselves. After the accident, complainant
consumed alcohol but he was brought to La
Ferme Police Station for an Alco test. On
09.06.08, when he went to La Ferme Police
Station, the PS insulted him.
Police Version: Police denied allegation
and stated that complainant was drunk at the
time of accident and was excited.
Police
Complainant, a foreign national, alleged
that on 08.07.08 he was riding his
motorcycle along Desroches Street, when he
saw a vehicle coming in his direction at full
speed. He applied his brakes and the vehicle
stopped. The occupants abused him in
creole which he could not understand. He
requested the persons to accompany him to
the Police Station which they refused to do.
They said they were Police Officers and
threatened to arrest him. Complainant later
learned that he had been booked but does
not know the reasons.
Police Version: Complainant was riding his
motorcycle in the wrong direction in a oneway street.
Police
Pamp Police about 10.50 hrs, his cousin used filthy
Station
language towards him. He went to
Pamplemousses Police Station to give a
declaration but was verbally abused by a
Police Officer.
Police Version: Police denied the
allegations of complainant and acted on his
declaration.
Remarks
Not substantiated
Filed
investigation..
after
Filed
investigation..
after
P a g e | 161
Responde
nt
15
File
Number
08/163
16
08/168
Officers
of
Plaine Verte
Police Station
17
08/169
Officers
of
Flic-en-Flac
Police Station
18
08/182
CID
P iton
19
08/188
CID
North
20
08/189
Grand
Bois
Police Station
Police
and
CID Officers
Curepipe
Case
Complainant alleged that on 23.10.08, at
about 22.30 hrs, Police officers came to her
house to conduct a search but refused to
show the warrant to her. On the same day,
at about 23.40 hrs, Police officers came
again and one of them insulted her.
Complainant alleged that, on 10.10.08 at
about 04.45 hrs, he was assaulted by two
individuals. They subsequently brought him
to Plaine Verte Police Station where he was
arrested. Police officers at the station also
used filthy language to address. him
Complainant, a restaurant owner in Flic-enFlac, alleged that Police officers have been
harassing him by checking his licence no
less than ten times during the first fifteen
days of operation whilst other restaurants
were allowed to operate outside normal
hours. He also alleged that the Police
officers used abusive language to his
address.
Complainant alleged that, on 26.11.08
(exact time and place not mentioned), he
was threatened by CID officers from Piton.
Complainant, on remand at G.R.N.W.
Prison regarding a case of larceny, claimed
the enquiring officers verbally abused him
while they were conducting their enquiry.
Complainant alleged that on, 30.11.08 at
about 15.00 hrs, he was reversing his car
from his yard when he was insulted by a
Police officer who was riding a motorcycle.
He called at Grand Bois Police station to
report the incident but he was unfairly
charged with refusing to undergo a breath
test.
Remarks
Police
Officers
involved requested to
put up their statements.
Being enquired by CIB.
Advised to write to
ICAC
Filed
investigation..
after
Report sought from CP.
Recommended that CIB
and not Grand Bois
Police should enquire
into the case of Road
Traffic Offence for
transparency
and
fairness.
P a g e | 162
ANNEX XI - NHRC Cases 2008- Service Delivery
C
Service Delivery
Responde
File
Case
Number nt
1 08/02
Pailles Police Complainant alleged that on 20.11.07, she
Station
went to report a complaint against her
neighbour at Pailles Police Station. But the
officer at the station refused to record her
complaint, stating that she was mentally
disturbed.
According to Police complainant often
reports cases against her neighbour who is
not in Mauritius.
2 08/13
Police
was assaulted at his site of work and
reported the case to Baie du Tombeau
Police. He alleged that he is still awaiting
the outcome of police enquiry.
3 08/24
Police of Riv. Complainant alleged that on 17.02.08 she
des Anguilles went to Riv. des Anguilles Police Station to
Police Station give a declaration against her son‟s fatherin-law but police refused to record same.
4
08/26
Police
and Complainant was arrested on 23.07.07 and
DPP
was detained at G.R.N.W. Prison on a
provisional charge of „Drug Dealing‟. He
stated that he was on remand for more than
six months and wished that his case be
lodged at the earliest.
5
08/33
Complainant alleged that on 04.02.08, a
Police
shopkeeper assaulted his minor son. The
Quatre
latter‟s left hand and foot were in plaster.
Bornes
He further alleged that police of Quatre
Bornes refused to record his declaration on
4 and 5 February 2008.
6
08/40
Line Barracks Complainant alleged that her neighbours
Police
were constantly seeking trouble with her by
insulting her. They even threw garbage in
her yard. She alleged that she made several
complaints to Line Barracks Police Station
but police refused to record her declaration.
Remarks
Set aside
The
assailants,
2
foreign nationals, had
left the country. The
case against them was
therefore struck out.
Inspector of Riviere des
Anguilles
Police
Station requested to
help complainant.
Judgment delivered on
17.04.08
and
complainant sentenced
to
12
months
imprisonment.
Complainant requested
to arrange for his son‟s
statement
to
be
recorded
in
the
presence of another
responsible party as he
was witness to the case.
Police enquired in all
cases
and
both
complainant and her
neighbour
were
prosecuted.
P a g e | 163
C
Service Delivery
7
Responde
File
Number nt
08/46
Riviere du
8
08/48
9
08/49
10
08/50
11
08/55
Case
Complainant alleged that on Saturday
22.03.08, at about 17.30 hrs, there was a
Rempart
family dispute in which her husband and
Police
son (minor) were injured.
Following
Station
treatment at SSRNH, complainant together
with her husband and son went to Rivière
du Rempart Police Station at about midnight
to make a complaint. Complainant was of
the opinion that Poilce was not acting in her
case.
Police Bel Air Complainant alleged that after the death of
Riviere Seche her husband, her neighbours were harassing
her and her children. They destroyed her
vegetables and fencing and tresspassed on
her land. Her neighbours wanted to
appropriate the land she had leased from the
Ministry of Housing. She had made several
declarations to Police but to no avail.
Police
Line Complainant‟s lawyer alleged that he has
Barracks
been misled by the Police on the case of his
client as he had been informed that his
client‟s case had been sent to the office of
DPP 18 months earlier but later he was
informed that the case file was still with
police.
Police
Complainant alleged that in August 2007 he
was beaten by one G but Police had not sent
his case for prosecution. He added that on
16.03.08, he was pushed by another person
but his case still had not been prosecuted.
Police - Piton Complainant alleged that his neighbours,
Police Station including a Police Officer, were constantly
harassing him and his family and even
assaulted him with a sabre. Complainant
made several declarations to the police but
Police was not taking any action.
Remarks
Police enquired and
referred case for court
action.
Land dispute referred to
Ministry of Housing for
appropriate action.
Complainant given the
wrong
information
through
oversight.
Apologies
already
tendered by Police.
Enquiry completed and
referred
for
court
action.
Police enquired and
referred matter for
court action. Judgment
delivered.
P a g e | 164
C
12
13
Service Delivery
Responde
File
Case
Number nt
08/62
Piton Police Complainant‟s
father
passed
away
Station
following a road accident on 03.04.08. He
suspected the accident to be a hit and run
case and that there was an attempt to file the
matter by Police.
08/64
Police Triolet Complainant alleged that police refused to
take her declaration against her sister in law,
who is a lesbian and who was harassing her.
14
08/65
Phoenix
Police Station
15
08/66
Police Officer
16
08/67
Police
Plaine Verte
Police Station
17
08/68
Rose
Belle
Police Station
& Rose Belle
Hospital
Police Post
Remarks
Police enquiry
underway.
st i l l
Inspector of Triolet
Police Station requested
to look into the matter
and help complainant.
Complainant alleged that following a Withdrawn
dispute with her neighbours, she and her
husband made a declaration at Phoenix
Police Station on 17 and 18 December
2007. However, cases reported by her
neighbours later had already been referred
for court action whereas Police enquiry into
her case had not yet been completed.
Complainant stated that her daughter gave a Already heard.
declaration at Port Mathurin Police Station
concerning a false accusation levelled
against her. She alleged that a Police Officer
with no Departmental Number and who
was under the influence of alcohol recorded
her declaration.
Complainant alleged that on 26.04.07 she Declaration made as a
had made a declaration at Plaine Verte precautionary measure.
Police Station against her brother in law, Enquiry started after
following a private dispute. There has been request
by
no response from the police till now.
Commission.
Complainant alleged that since 2007 she Private dispute between
made several declarations at Police Station sisters. Police tried to
and Hospital Police Post following several settle the matter. Set
disputes with her sister but Police refused to aside.
take same.
P a g e | 165
C
Service Delivery
18
Responde
File
Number nt
08/75
Police
Officers
of
Vallee Pitot
Police Station
19
08/78
20
08/85
21
08/87
22
08/89
Case
Complainant alleged that she had made
several declarations regarding assault and
forgery against her husband at Vallée Pitot
Police Station but Police was not enquiring
into the matter.
CCID
Complainant alleged that he was on bail in
Officers
June 2006 for a case of operating a
telecommunication network without a
license. However, the main case had not
been lodged and he had to attend court
every 4 months on a provisional charge.
Complainant wanted the restriction to travel
be removed so that he could travel abroad
for his business.
Stanley Police Complainant stated that she was constantly
Station
receiving indecent photos by post and she
suspected her neighbours to be the culprits.
She alleged that she was received death
threats from her neighbours. She called at
Stanley Police in October 2007 to give a
declaration but Police refused to record it.
Police claimed Complainant has psychiatric
problems.
Police Central Complainant alleged that as at 10.04.07, she
Flacq
remitted a total amount of Rs 2000 to an
Attorney. When she asked for a receipt she
was verbally abused. She gave a declaration
at Flacq Police Station and was still waiting
for the outcome.
CID Curepipe
Remarks
Enquiry
completed
after intervention by
NHRC.
Police still enquiring as
the case is complex
one. Complainant had
to furnish security to
travel.
Set aside.
Matter already decided
by
DPP.
Cannot
intervene.
Complainant alleged that he had been Police enquiry pending.
arrested for a case of larceny of copper
wires though Police did not have any
evidence against him. He was kept on
remand because he could not afford bail. He
requested that his case be lodged.
P a g e | 166
C
Service Delivery
23
Responde
File
Number nt
08/95
Police Vacoas
24
08/96
Mahebourg
Police Station
25
08/97
Land
Fraud
Squad Central
CID
26
08/99
Trou
aux
Biches Police
Station
27
08/100
CIB
Case
called at Vacoas Police Station to report a
case of assault against his wife. He was
issued a PF 58 but was later arrested and
detained regarding a case reported by his
wife. He was not given any medical
treatment.
Complainant alleged that his neighbour who
is a police officer, was obstructing his lane
and this was causing problems to him and
his family for their activities.
Police
Officers of Mahebourg Police Station did
not record any of his wife‟s complaints nor
attended to them.
Complainant alleged that she reported a
case of fraud against Mr. H.K.R. at Land
Fraud Squad, Central CID. However, the
police was not investigating her case. She
alleged that on 12.06.08 at about 14.45 hrs,
one Inspector phoned and asked her to
accept the arrangement proposed by H.K.R.
Complainant alleged that since June 2006, a
man was following her from her house to
her work place and often uttered filthy
words towards her. She made several
declarations at Trou aux Biches Police
Station. On 28 or 29 December 2006, he
threatened her with a broken bottle. She
made another declaration at Trou aux
Biches Police Station. She stated that the
respondent assaulted her and her son with a
sabre on 06.06.08. She alleged that police
was not taking action in these cases.
Complainant alleged that on 2006 he had
reported a case to CIB Rose Hill but the
Police was not enquiring therein.
Remarks
Complainant
was
arrested for breach of
Protection Order.
CP instructed the Police
Officer not to cause any
obstruction.
Police requested to
record further statement
from complainant and
explain
the
exact
situation to her.
Police enquiring in all
cases
reported.
However, delay was
due to several cases
being connected.
CIB already enquired
and referred case to
DPP.
P a g e | 167
C
Service Delivery
Responde
File
Case
Number nt
28 08/107
Police Plaine Complainant alleged that her sister-in-law
Verte
had forged her identity card and was using it
to commit fraud. She also alleged that she
made a declaration at Plaine Verte Police
Station but had no response.
29 08/112
Trou
Douce
Station
Air
Station
30
08/115
Police
31
08/ 123
Police
32 08/124
Police
D‟Eau
Police
& Bel
Police
Remarks
Case
heard
by
Commission.
Police
arrested complainant‟s
sister-in-law
and
enquired
into
the
matter.
Case
was
referred to DPP.
Complainant alleged that on 13.03.08, he Case to be heard.
was arrested in a case of larceny of Rs
25,000 and was released on parole. He also
alleged that on 04.03.08, his grandmother
and his aunt were assaulted by his business
partner
and three other persons whom
they had identified. However, Police was
not taking any action against those persons
who were against whom declarations were
made.
Complainant alleged that on 27.06.08 a Case
filed
after
crowd of some 15 persons came to his investigation..
house and threatened him with weapons.
When the SSU officers came, they calmed
down the crowd and left but did not arrest
anybody.
Complainant alleged since 18.02.07 he was Complainant released
on remand for a case of larceny. During on bail.
BRC Session, Police informed him that his
case has not yet been lodged although he
had given his statements and the enquiry
had been completed.
Complainant alleged that her husband had Police enquiring into
left the conjugal roof since 2 years and was the matter.
causing trouble to her and her children.
According to complainant, her husband was
harassing them and had reported false cases
against them. However, Police was not
enquiring into her cases.
P a g e | 168
C
Service Delivery
Responde
File
Number nt
33 08/125
Police
34
08/131
35 08/133
Police
Trou
Biches
CID
Port
North
Case
Remarks
Complainant alleged that following a
judgment of the Supreme Court which the
defendants failed to abide by, he decided to
enforce the judgment himself on 11 August
2007. However, he was verbally abused by
his neighbours in front of Police Officers.
Police did not take any action against them.
A Police Officer threatened to take action
against him if he pulled down any building
of his neighbor. According to complainant,
Police was siding with his neighbours
though there was a judgement against them.
Complainant completed
the works with help of
police after intervention
by Commission.
Complainant stated that his wife was living
aux separately from him. He alleged that she
had withdrawn a sum of Rs 23,000 from his
bank account and had, with the help of other
persons, stolen his washing machine and
kitchen utensils. However, Police of Grand
Baie refused to record his declaration
though they were acting on declaration
made by his wife against him.
Police Version: Complainant‟s wife had
reported a case of “Larceny with violence”
and a case of “threat with a knife” against
him.
Louis about 02.18 hrs, after a call from his son,
informing him that he would commit
suicide, he went to his son‟s place. On spot
he saw the son lying on the floor covered
with a blanket stained with blood. The son
was transported to hospital and admitted in
ICU. He died after 10 days. He gave
information to the CID but no action
concerning the death of his son was taken.
Complainant sentenced
for the offence by
Court. Filed.
Police still enquiring
into the matter.
P a g e | 169
C
Service Delivery
Responde
File
Number nt
36 08/134
Police
37 08/139
Police
Gaming
Board
38 08/143
Police
39 08/144
Police
Case
Remarks
Complainant was detained on remand at Case
lodged
Beau Bassin Central Prison. He requested 16.09.08.
to have his case lodged but there was no
response.
& Complainant stated that on 27.07.08 at
about 20.00 hrs he was in Flamingo Casino
Gaming House, Rose Hill. After a draw of
the game. “Big or small” he won the bet.
The “ croupier” stated that it was a game
error and refused to pay him. The owner
also refused to pay him his bets and asked
complainant not to come to the casino
again. Complainant alleged that Police &
Gaming Board are not enquiring into the
matter.
Complainant alleged that on 12.08.08 two
persons stole her jewels and damaged the
window panes at her place. She added that
they also assaulted her on 15.08.08 but
Police
was
not
taking
action.
Police Version: Case of Assault referred for
Court action whereas case of larceny was
still under enquiry.
Complainant alleged that on 14.06.08 one K
and 3 other persons damaged his house. He
made a declaration at Vallée Pitot Police
station concerning the damage. Later, K
made a declaration stating that complainant
had verbally threatened him. Police arrested
complainant and bail was not granted.
on
Police enquiring into
the matter.
Complainant informed
of police action.
Not
substantiated.
Several cases reported
against complainant.
P a g e | 170
C
Service Delivery
File
Number
40 08/145
41
08/149
42
08/159
43
08/160
44
08/162
45
08/164
Responde
nt
Case
Complainant‟s wife alleged that on 03.09.08
at about 10.15 hrs, her husband who was
drunk assaulted her. Later Police came and
took her husband to Pamplemousses Police
Station. While complainant and her brother
were giving statements at the police station
they were informed that her husband had
jumped from the police van on the way to
police station. He was wounded at the head
and admitted to the ICU. Complainant
alleged that police failed to do their duty
properly leading to the injury of her
husband.
Camp
de Complainant alleged that on 04.07.08 at
Masque
about 13.30 hrs she had an accident at
Police
Camp de Masque Pavé. She was severely
wounded but Police was not taking any
action in the case against the driver.
Police
Complainant alleged she was assaulted by
her brother on 14.10.08 and was evicted
from the family home.
Police
Complainant alleged that she was assaulted
Quatreby her father on 26.08.08. She alleged that
Bornes
her case was not taken seriously by QuatreBornes Police because she is an outpatient
receiving treatment at Brown Sequard
Hospital.
Police
Complainant was involved in a private
R iv
du dispute with his neighbours and claimed
Rempart
they made false allegations. He also alleged
that Riv du Rempart Police has been
ignoring his complaints.
Mr. R.K.G.
Complainant was involved in a private
dispute with her husband after her mother
filed a case against him.
Police
Remarks
Awaiting
report.
medical
Delay due to driver of
van being admitted to
hospital.
Police requested
enquire.
to
Withdrawn.
Complainant advised
to seek a Protection
Order.
P a g e | 171
C
46
Service Delivery
Responde
File
Number nt
08/165
Curepipe
Police
47
08/173
48
08/174
49
08/175
50
08/183
51
08/192
Case
Complainant alleged that on 27.10.08, PC S
and two of his friends assaulted him after
his wife filed a case against a friend of PC
S. He claimed he was severely beaten by
them but Police was not acting therein.
Police
Complainant‟s daughter was involved in a
road accident on 09.10.07 and alleged that
her statement was taken only after seven
months. Furthermore, she claimed that she
was recently informed by the Police that the
case had been dropped.
Police
Complainants alleged that, on 16.09.08 at
Rose Belle
about 22.30 hrs, they were assaulted by a
group of twelve persons outside their home.
After the assault, they went to the Rose
Belle Police station to report the case. They
alleged that the Police is not investigating
the case and that they were advised by the
Police to drop the case as it was a family
dispute.
Police
Complainant alleged that his son was taken
to the house of a Police officer where he
was beaten and threatened. He also claimed
that when his son went to the Police station
afterwards, Police officers there did not
record his declaration.
Police
Complainant was involved in a dispute with
his landlord. He alleged that he went to the
Police station and that the Police officer
there did not take his statement properly.
Officers
of Complainant states that on 11.12.08, her
Roche Bois husband was involved in a road accident
Police Station and was injured. She alleged that she went
to the Roche Bois Police station several
times but the Police were not conducting the
enquiry properly.
Remarks
CP informed that CIB
should enquire into the
case
to
ensure
transparency
and
fairness.
DPP is proceeding case
with the case.
Police
completed.
Enquiry
CIB requested to record
a
statement
from
complainant‟s son.
P a g e | 172
C
52
Service Delivery
Responde
File
Number nt
08/193
Police
Case
Remarks
Complainant sub-contracted a stall at Under consideration.
Goodlands open market from one Mr. B.
She alleged that Mr. B. and another person
were harassing her in order to make her
vacate the stall. She made several
declarations to Goodland, Plaine Verte and
Line Barracks Police Station but nothing
was done.
P a g e | 173
ANNEX XI - NHRC Cases 2008- Other complaints against Police
D. Other Complaints against Police
Responde
File
Number nt
1 08/04
ADSU
Curepipe
2
08/08
3
08/10
4
08/17
5
08/19
Case
Complainants alleged that on 26.12.07
around 19.00 hrs and on 02.01.08 around
18.00 hrs, officers of ADSU Curepipe
searched him without any warrant. He
further alleged that they threatened to send
him to jail, even if nothing incriminating
was found on him.
Police
Version:
Police
searched
complainant on the road. Nothing found.
Police denied the allegations and
complainant was allowed to go.
Police
Complainant stated that he was imprisoned
since 16.01.07 in a case of larceny and was
willing to plead guilty. However, the case
has not yet been lodged.
Police
Detainee claimed that he had been framed in
a case of „Importation of Gandia‟ and that
police did not carry out a proper enquiry.
He alleged that he had been unjustly
sentenced by Court.
ADSU of Port Complainant alleged that on 31.01.08
Louis
ADSU Port Louis broke into his house in
his absence. He claimed that a sum of Rs
5,000/ was missing.
Police Version: According to Police,
complainant ran away when they called at
his house. Search was performed in the
presence of complainant‟s father who did
not make any complaint. CID Officers
denied allegations of complainant.
Police
of Complainant alleged that on 01.01.08 at
Roche Bois about 5.00 p.m, she was assaulted by her
Police Station brother-in-law. She gave a declaration at
Roche Bois Police Station. She alleged that
Police is requesting her not to proceed with
the matter as it is a family dispute.
Remarks
Set aside.
All cases against him
have been lodged.
Complainant informed
that
Commission
cannot intervene in a
court decision.
Case
filed
investigation.
Withdrawn.
P a g e | 174
after
6
Responde
File
Number nt
08/28
Police
7
08/36
8
08/37
9
08/44
10
08/47
Case
Complainant‟s counsel alleged that his
client‟s suitcase was examined at the airport
and two empty cartridges together with his
belongings were handed over to CID for
enquiry as per standing customs procedures
and in accordance with the Firearms Act
2006.
According to the counsel, his client was
brought to Court and the provisional charge
struck out.
ADSU
Complainant alleged that on 19.03.08,
ADSU of Curepipe arrested him and took
him to their office. He alleged that he was
forced to confess that drugs belonged to
him.
Police Version: No entry regarding
complainant on 19.03.08.
ADSU
Complainant alleged that in March 2007, he
Curepipe
was framed in a case by ADSU Curepipe
but the case was dismissed in September
2007. He alleged that since March 2007,
ADSU Curepipe have searched his place
several times.
Flacq
and Complainant stated that in January 2008, his
Curepipe
nephew, a minor who was arrested by
Police Station police, escaped from legal custody. Since
and CID
then, he alleged police continuously
harassed him, threatened him and even
tapped his mobile phone.
Complainant alleged that he has been
Vacoas
harassed by his family since long.
Curepipe
Following several complaints made at
and
various Police Stations, he is still being
Phoenix
harassed by his family. He has been sent to
Police
Brown Sequard Hospital several times,
following false complaints made to police
Stations
by his family.
Remarks
Complainant‟s counsel
requested to submit
date of arrival. No
reply. Case set aside.
Set aside.
Complainant sentenced
several times for drug
related offences. Set
aside.
Complainant‟s nephew
arrested anew. Case
filed.
Complainant under
treatment at BSH since
year 2004. Complaint
filed.
P a g e | 175
11
12
13
14
15
Responde
File
Case
Number nt
08/52
ADSU - Rose Complainant‟s
counsel
alleged
that
Hill
complainant
had
received
genuine
information that ADSU would frame him in
a case of drug dealing.
Police Version: Complainant suspected to
be involved in drug trafficking.
08/53
Police
- Complainant alleged that following a
Riviere
du dispute a group of aggressive persons,
Rempart
including Police Sergeant, B assaulted him.
He fought back and escaped but his
motorcycle was damaged. Later at Riviere
du Rempart Police Station, PS B pleaded
with him not to implicate him in the case
while giving his statement. Complainant
alleged that Police was not proceeding with
the enquiry and requested Commission to
intervene. Police Version: Evidence
showed PS B helped complainant.
08/71
Police
of Complainant stated that he was in love with
Sodnac
minor J.A. The latter‟s mother did not
approve same. On 08.03.08, the minor was
at his place. He alleged that police unfairly
accused him of kidnapping her. He was
detained for 2 weeks at Sodnac Police
Station.
08/72
Police
Complainant, an ex-police constable retired
on medical grounds on 19.11.06.
He
alleged that there is violation of human
rights in the police as they perform patrol
duty and fixed point duty.
08/76
Police
Complainant alleged that the respondent
arrested her son for drug dealing. She was
also arrested for conspiracy with the son.
She alleged that during an interrogation
regarding a case of illicit drugs transaction,
Police secured her silver chain, motor cycle
and mobile phone which had not been
obtained as proceeds of any criminal action.
Police has not returned these items to her.
Remarks
Set aside.
Commission
caused
enquiry to be carried
out by another team.
Case referred to DPP
thereafter.
Set aside.
Set aside.
Items returned
enquiry.
P a g e | 176
after
Responde
File
Number nt
16 08/77
Police
17
08/79
CCID of Port
Louis
18
08/86
Police
Belle
19
08/102
MCIT
Curepipe
20 08/103
Police
Rose
Case
Complainant alleged that Police was
harassing him since he re-opened his shop
which he closed down three months ago.
Police Version: Shop checked following
complaints that it was operating outside
normal working hours.
Complainant alleged that he is on remand at
Central Prison for a case of larceny with
violence. The CCID of Port Louis were
objecting to his release on bail.
Complainant alleged that Rose Belle Police
arrested him on 26.05.08 for nonappearance in Court. Complainant was not
informed that his case had been fixed for
trial on 02.05.08.
Remarks
Set aside.
Bail granted by court.
Cannot intervene in
court decisions.
Already heard. To be
finalized.
Complainant alleged that on 13.06.07, at Complainant informed
about 11.00 hrs, MCIT Officers of Curepipe accordingly.
arrested him for the kidnapping of his
daughter. He presented his Way Bill that he
was working on that day but the MCIT did
not accept it. He claimed that his daughter
and wife had made false allegations against
him. Police Version: Complainant‟s
daughter had alleged that he had kidnapped
her and hence police had to arrest him.
Later, case was struck out for lack of
evidence.
Complainant alleged that on 10.06.08, she Set aside.
was arrested by 4 police officers of Trou
aux Biches Police Station for a case of
swindling. At Pointe aux Cannoniers Police
Station, she fainted and was admitted to
hospital for 4 days. Complainant was not
satisfied that a sentry watch kept on her at
hospital and also she was not given any
food during her detention.
P a g e | 177
Responde
File
Number nt
21 08/106
Police
22 08/108
23 08/109
24 08/110
Case
Complainant alleged that he was on remand
in Prison since 18.03.08 for a case of drugs
although he was innocent. He made several
appeals to the Police and Magistrate
claiming his innocence, but was still kept on
remand. Police claimed that complainant
and 2 persons were arrested while they were
consuming drugs.
Grand
Baie Complainant alleged that he was arrested by
Police Station Grand Baie Police on 23.11.07 and kept on
remand for 5 months. He was released on
01.04.08 but his belongings were still at
Terre Rouge Police Station. He was
informed by a Police Officer that ADSU
had taken his mobile and would return it to
him if he made an allegation against 4
persons.
Police
Complainant alleged that on 29.04.07, he
called at the Police Station where he was
informed that a warrant was issued against
him and he was detained at Beau Bassin
Prison for 3 days without food and
appropriate clothes. He was released after
providing a surety. Police Version: warrant
issued by Court for non-payment of civil
debt.
Police
Complainant alleged that on 16.06.08, Mr
M.S who was an inmate at his Home passed
away due to natural causes. However, the
son-in-law of deceased alleged foul play
and six police vans and a Police Doctor
called at his Home and took a statement
from the assistant and this frightened the
other inmates.
Remarks
Mobile returned after
intervention
of
Commission.
Police had to act upon
warrant received from
Court.
Police is enquiring into
the matter.
P a g e | 178
25
26
Responde
File
Number nt
08/120
CID
Mahebourg
Case
Remarks
Complainant alleged that on 28.06.08,
officers of CID Mahebourg forced him and
his two friends into a van and brought them
to their office. Complainant was informed
that there was a charge of damaging
property against him. Complainant refused
to give a statement. However, the CID
Officers wrote a statement and asked
complainant to sign it without reading the
contents to him.
Police Version: Police claimed that
complainant, who is a Police Officer, had
damaged a National Monument and he
confessed to the case. Police had enough
evidence against him.
Complainant was on remand pending the
determination of a request from UK for his
extradition from Mauritius. He complained
that he was not being granted bail though he
was innocent, the more so that he was not in
a good health.
Set aside.
Complainant
was
arrested following a
case of “threatening
verbally”.
08/126
Police
Commission
recommended
that
complainant should be
granted bail on certain
conditions and should
be examined by a
private doctor.
Complainant alleged that although he had Under consideration
already paid a fine for a Road Traffic
Offence, he was arrested anew for nonpayment of the same fine and was brought
before Court. The Magistrate did not listen
to him.
27 08/127
Police
28 08/137
Police
about 20.30 hrs 4 Police Officers of
Montagne Blanche Police Station arrested
him. He stated that he was not involved in
any case and that it was a trap.
29 08/138
Police
Complainant alleged that a person who was It was not possible to
booked for a traffic offence gave trace
th e
alleged
complainant‟s name as his own.
offender.
P a g e | 179
Responde
File
Number nt
30 08/142
CID
Q.Militaire
31 08/148
CID
32
08/151
Police
St Pierre
33
08/152
Police
34 08/153
ADSU
Officers
Case
about 6.30 hrs, 3 CID officers searched his
place without showing a warrant.
Complainant was taken to Quartier Militaire
Police Station for unknown reasons. Police
coerced him to accept a charge of stealing
spices or else they would trap him in other
cases and would assault him. He was forced
to sign a statement without knowing its
contents.
about 14.30 hrs Police arrested her husband
at Pamplemousses District Court. The
Police did not state the reasons for his arrest
and where they were taking him
Complainant did not know where her
husband was kept.
Police Version: Complainant was involved
in a case of larceny in Port Louis.
Complainant alleged that a police officer
came into her mother‟s snack shop and
insulted her and her mother. Complainant
also alleged that, on 29.08.08, the same
Police officer, who was in uniform, insulted
her as she was walking near a shop in St
Pierre.
about 15.30 hrs, 3 persons in civilian
clothing came to his house and conducted a
search. They did not have a warrant.
Complainant alleged that, during the months
of March and June 2008, ADSU officers
seized personal notebooks and photographs
during raids at his place. He claims that
these items have nothing to do with the case
he was arrested for and that they could ruin
his married life if they are not returned to
him personally.
Remarks
There
was
evidence
complainant.
other
against
Police told that they
should give information
to relatives.
Prosecution
recommended against
the police officer.
Filed
investigation..
after
According to Police,
only passport
was
secured in presence of
complainant‟s parents.
Complainant has been
informed accordingly.
P a g e | 180
35
Responde
File
Number nt
08/156
Police
36
08/158
37
08/166
38
08/170
39
08/179
40
08/181
41
08/186
Case
Complainant, who is a Police sergeant,
alleged that, on 13.10.08 at about 3.30 hrs,
he was at the Land Fraud Squad when he
was humiliated by a superior officer.
Police
Complainant alleged that a court case
regarding a contravention had already been
dismissed but he was charged with the same
offence. Also, he claims that the Police
officer who testified against him was not the
one who had stopped him.
CCID
Complainant alleged that, on 30.04.08, he
was unlawfully arrested by officers of the
CCID.
ADSU Rose- Complainant was arrested on 12.08.08 at
Hill
about 17.30 hrs in relation with a drug
dealing case. He claims that he was merely
visiting a friend and unfairly convicted.
ADSU
Complainant alleged that, on 30.08.08,
Curepipe
ADSU officers searched his house and
found a „poulliah‟. He claims that the
„poulliah‟ did not belong to him and that he
confessed
because
ADSU
Officers
threatened to arrest his parents if he did not.
CID
Complainant was arrested by CID Officers
Phoenix
on 08.02.07 regarding a case of larceny with
violence and was detained for four days.
The case was subsequently dismissed.
Complainant claims that the allegation was
false and that he was arbitrarily arrested. He
is seeking compensation to the tune of Rs 3
million.
Police
Complainant stated that, on 21.11.08 at
Rose
Belle about 06.30 hrs, he was arrested by four
Station
Police officers at his house. He alleged that
he was detained illegally for four hours.
Remarks
Complainant advised to
write to CP and to
Ombudsman.
Information from Moka
Prosecutor‟s
Office
sought.
Filed
investigation..
after
Cannot intervene
court matters.
in
Matter
should
be
canvassed at level of
Court.
Complainant
was
arrested on 10.02.05
and not on 08.02.07.
Hence, matter dates
more than 2 years and
Commission
cannot
intervene.
P a g e | 181
42
Responde
File
Number nt
08/187
Police
Camp
de
Masque
43
08/191
44
08/194
45
08/195
Case
Complainants alleged that they were
summoned to appear in Court for breaking
enclosure. They also stated that they are
constantly being harassed by a Police
officer from Camp de Masque Police
Station.
Officer
Punnigadu of about 17.30 hrs, he went to Quartier
Quartier
Militaire Police station to make a
Militaire
declaration against his wife. He claims that
Police Station an Officer from Quartier Militaire Police
station has since been calling his wife and
sending her text messages.
Police
Complainant‟s son was arrested in relation
to a number of larceny cases by CID Piton.
Complainant alleged that Police officers are
forcing his son to confess or they will object
to his release on bail.
Police
Complainant applied for a Morality
Certificate on 16.10.08 but it turned out that
there is another person who bears the same
name and has a criminal record.
Complainant has not yet received his
Morality certificate and claims that the
Police enquiry is taking too long.
Remarks
Complainants did not
inform Police that they
had a share in the land.
Complainant is using
the other person‟s birth
certificate and cannot
obtain
a
Morality
Certificate.
P a g e | 182
ANNEX XI - NHRC Cases 2008- Complaints against Prisons
E
Responde
File
Number nt
1 08/01
Prison
Authorities
2 08/09
Prisons
3
08/30
Prisons
4
08/34
Prisons
5
08/38
Prisons
Case
Complainant alleged that the Prison
Authorities were not forwarding his letters
in which he had complained of his situation
in prison, to concerned authorities.
Complainant knocked against a pedestrian
on 21.08.07 whilst riding an autocycle at
Royal Road, Port Louis. Both were injured
and admitted to Dr A.G Jeetoo Hospital.
The pedestrian passed away three days later.
Complainant stated that Police took him
from the hospital to Fanfaron Police Station
and later to Court. As he could not furnish
suretyl on the same day he was remanded to
jail where he alleged he was humiliated.
Prisons Officers denied the allegation.
Complainant stated that he was victimized
and deprived of hygienic facilities.
Prison Officer’s Version: Complainant
was detained for murder of a detainee. He
was involved in other cases and has been
sentenced. Detainee is kept in a segregated
cell as he tried to murder another detainee.
Complainant stated that her son was
detained at Petit Verger Prison since 2½
years where he was performing the duties of
tailor. She claimed that since 13.03.08, her
son had informed her that he was being
debarred from performing such duties.
Complainant stated that her son was on
remand at Beau Bassin prison. When she
visited him on 18.03.08 the latter was
suffering from his ear. She further alleged
that her son was deprived of medical
treatment.
Version of Prison Dept: Complainant‟s
son was treated at J. Nehru Hospital but
operation was postponed as he was
suffering from jaundice.
Remarks
Member
of
Commission spoke to
detainee during visit
and matter settled.
Case already heard.
Prison Officers &
Welfare Officers
requested to provide
support to newly
admitted detainees.
Set aside in light of
Prison
Department‟s
comments.
Detainee posted to
tailor‟s shop of another
prison.
Not substantiated.
P a g e | 183
ANNEX XI - NHRC Cases 2008- Complaints against Prisons
E
6
Responde
File
Number nt
08/57
Prisons
7
08/61
Prisons
8
08/74
Prisons
9
08/128
Prisons
10
08/157
Prisons
Case
Complainant alleged that he is detained in
prison since 29.03.07 and was having
problems. He requested an investigation
regarding his problems.
Complainant requested Commission to visit
him at G.R.N.W. Prison.
Complainant alleged that he was assaulted
by a Prison Officer. He was taken to
hospital as he was wounded. An officer
filled the PF 58.
Later, complainant claimed that he had hurt
himself unintentionally.
Complainant alleged that he was being
segregated at the request of the Police.
Complainant also alleged that he was being
deprived of natural air, light and physical
exercise.
Remarks
Filed
investigation..
after
Complainant bailed out
in the meantime.
Set aside.
Complainant
segregated for his own
security.
Later,
segregation
curbed.
Complainant detained
according to existing
norms
Complainants alleged that detainees Anonymous complaint.
working in the prison kitchen and officers Set aside.
supervising them were transferred without
good reason. They also alleged that they
were
being
“victimized”
by
a
Superintendent of Prisons.
P a g e | 184
ANNEX XI - NHRC Cases 2008- Complaints against Ministry/Department
F
Complaints against Ministry/Department
Responde
File
Case
Number nt
1.
08/05
2
08/80
3
08/113
R
4
08/119
5
08/155
6
08/161
State
Mauritius
of Complainant (a small political party) stated
that in 1968 the Mauritian population was
divided into 4 ethnic groups. It advocated
an amendment to the Constitution to unify
all the groups into one group to be known as
Mauritians.
Mi n i st r y
of Complainant alleged that their fishing
Fisheries
vessel „SIBLEY‟ had been refused entry to
Port Louis harbour to take food and water
for crew members. The Ministry of
Fisheries refused to help them as the boat
was listed in the Illegal, Unreported &
Unregulated Fishing of Convention on the
Conservation of Antarctic Marine Living
Resources (1982).
Commission
Complainant alleged that in 2007 the
for Tourism Commission for Tourism did not renew his
RR A
boat licence, and he is therefore not able to
go fishing and earn his living.
Mauritian
Complainant (from Seychelles) was
Authorities
sentenced to 7 years penal servitude for
importation of dangerous drugs. She was
requesting the Commission to intervene so
that she may serve the sentence in her
country.
Mi n i st r y
of Complainant alleged that a person in the
Social
Ministry was appointed without following
Security
the appropriate procedure. He also alleged
that invalidity pensions were being paid to
persons who did not deserve them.
Hon. Minister Complainant alleged that, on 10.10.08,
S. F
while he was performing his duties of office
attendant, a Minister insulted him and swore
at him. He was subsequently admitted to
Flacq Hospital.
Remarks
Policy matter. Cannot
intervene.
Allowed
to
enter
harbour
on
humanitarian grounds.
Advised to reapply
when fishing season
reopens.
Advised to write to
Seychelles Consul in
Mauritius regarding the
signature of transfer
agreement
between
both countries.
Not substantiated.
Not
under
jurisdiction.
NHRC
P a g e | 185
ANNEX XI - NHRC Cases 2008- Complaints against Ministry/Department
F
Complaints against Ministry/Department
Responde
File
Case
Number nt
7
08/184
8
08/198
9
08/199
G
1
State
Mauritius
of Iraqi nationals traveling with forged
passports were detained in Mauritius. They
claimed to be Christians fleeing religious
persecution and sought the status of
refugees.
State
of Complainant alleged that they were being
Mauritius
denied access to Les Salines Koenig beach.
Mi n i st r y
of
Complainant alleged that her two children,
Education,
who are at school in Rodrigues, would not
Culture
&
be eligible for scholarships after HSC
Human
exams because they were born in Mauritius.
Resources
Remarks
Matter before Court.
The beach is not a
public beach.
Views of Ministry of
Education sought.
Complaints against Parastatal bodies
Responde
File
Number nt
08/59
Sugar
Insurance
Fund Board
Case
Complainant alleged that respondent
refused to pay him his dues as per
determination delivered on 19.03.07 by the
Privy Council.
Remarks
Claim relates to a
labour dispute and
interpretation
of
a
decision of the Privy
Council. Not a Human
Rights matter.
P a g e | 186
ANNEX XI - NHRC Cases 2008- Complaints against State Owned Companies
H
1
File
Number
08/141
2
08/177
I
1
Complaints against State Owned Companies
Responde
nt
Case
Mauritius
Telecom
Complainants are the Executive Members
of the Telecom workers Union & MTEA.
They alleged that they were dismissed by
Mauritius Telecom for involvement in
Trade Union activities. The dismissal
according to them infringed their right of
assembly, freedom of association and
freedom of expression.
Respondent
claimed
they
lawfully
dismissed for misconduct.
Manager of Complainant, a taxi driver, claimed that he
Domaine Les was banned from a state owned casino from
Pailles
22.11.06 to 22.02.07. He alleged that the
Casino Manager was still denying him
access after the ban had been lifted.
Respondent’s Version
Taxi drivers were not allowed to play at the
Casino when they conveyed passengers
there.
Remarks
Awaiting outcome of
conciliation
proceedings under aegis
of Ministry of Labour.
Complainant allowed
access to casino when
he is not on duty.
Complaints against ICAC
File
Number
08/32
Responde
nt
ICAC
Case
Remarks
Complainant together with her husband Cannot
intervene.
came from France to settle in Mauritius. Complainant informed
She alleged that on 29.07.07, a newspaper accordingly.
published an article depicting them as
crooks seeking refuge in Mauritius. She
alleged that her bank account had been
frozen.
Version of Respondent:
Respondent was enquiring into a suspected
case of money laundering.
P a g e | 187
ANNEX XI - NHRC Cases 2008- Complaints against Judiciary
J
Complaints against Judiciary
Responde
File
Case
Number nt
1
08/11
Judiciary
2
08/ 51
Judiciary
3
08/56
Court
Judgment
4
08/58
Judiciary
5
08/69
Judiciary
6
08/ 196
Judiciary
Complainant alleged that he had been
sentenced severely as he had formerly made
a declaration against the Magistrate who
delivered the judgment.
Complainant alleged that in 1994, she learnt
that her husband without her knowledge
disposed part of their property to one Mr T
who summoned her to attend the office of a
Public Notary to sign a deed of sale.
Complainant objected but on 04.07.06, she
was ordered by Supreme Court to pay Rs
100,000 for moral damages for having
refused to sign the deed of sale which she
never consented to. She could not afford to
appeal to Privy Council.
Complainant alleged that his family was
living on a state land at Grand Gaube for
more than 37 years. However, they had
received a court order to vacate the land.
Complainant alleged that he had been
sentenced for 45 years for a case of murder.
He alleged that he was innocent and had
appealed but the appeal was dismissed.
Complainant alleged that he was not
afforded a fair trial and had been sentenced
on 24.02.05, to undergo 7 yrs penal
servitude. He is requesting the Commission
to intervene.
Complainant‟s wife was ordered by Court to
provide a surety to be of good conduct. She
forgot to do so and was imprisoned.
Remarks
Commission
cannot
intervene in a court
judgment.
Commission
cannot
intervene
in
court
decision.
Cannot intervene.
Cannot intervene
Court judgment.
in
Cannot intervene. Court
decision.
Cannot intervene
Court decision.
P a g e | 188
in
ANNEX XI - NHRC Cases 2008- Complaints against Judiciary
K
1
Complaints against DPP
Responde
File
Number nt
08/ 147 Director
of
Public
Prosecutions
Case
Complainant alleged that on 25.06.08, he
was sentenced to 30 years imprisonment in
a murder case. DPP was appealing against
the sentence.
Remarks
Law has now been
amended
to
grant
discretion to judge in
sentencing for murder
cases.
P a g e | 189
ANNEX XII
COMPLAINTS RECEIVED AT
THE SEX DISCRIMINATION DIVISION (SDD) FOR THE YEAR 2008
Category
Number of Cases
Disposed of
Pending
Sex Discrimination
12
10
2
Sexual Harassment
22
15
7
Others
29
24
5
TOTAL
63
49
14
P a g e | 190
ANNEX XIII
SEX DISCRIMINATION DIVISION (SDD)
COMPLAINTS DEALT WITH IN 2008
Category
Cases
Pending for
2007
Cases
received
for 2008
Total No
of cases
Cases
pending
disposed in
2008
Pending for
2008
A.
Sex
Discrimination
1
12
13
10
3
B.
Sexual
Harassment
3
22
25
18
7
C. Others
2
29
31
26
5
6
63
69
54
15
Total
P a g e | 191
ANNEX XIV – SDD Complaints 2007
COMPLAINTS TO SDD PENDING IN THE YEAR 2007 DEALT
A. Sex Discrimination
S /N
File
Number
1.
07/61
2.
07/58
Case
Complainant alleged that she was
sexually discriminated against as
her contract of work was
terminated because she was
pregnant.
Complainant alleged that she was
sexually discriminated and felt
victimised.
Remarks
Complainant and respondent heard.
Under consideration as complainant‟s
witness did not wish to appear before the
SDD.
Complaint withdrawn.
P a g e | 192
B. Sexual Harassment
S /N
File
Number
1.
07/53
A female complainant alleged that she
was sexually harassed by the
Administrator of a clinic.
2.
7/56
Complainant, a female pastry worker,
alleged that she was sexually harassed
by respondent.
Case
Remarks
Complainant heard. The case was
referred to the Office of the Director
of Public Prosecutions by the
Division.
Complainant and respondent heard.
Case being dealt with by police.
P a g e | 193
C. Other Complaints
S /N
File
Number
1.
07/27
Complainant, a female Nursing Officer,
alleged that the respondent, a male
Charge Nurse used foul language at work.
2.
07/60
used vulgar language towards her.
Case
Remarks
Complainant, respondent and
witnesses heard. Respondent was
given a warning to mind his
language in the presence of female
staff. Complainant‟s request to be
transferred back to her previous
place of work had been acceded to.
Complainant heard. Complaint
referred to the Office of the
Director of Public Prosecutions by
police for advice. As the Office of
the DPP advised no further action,
this Division did not propose to
pursue the matter further.
P a g e | 194
ANNEX XV – SDD Complaints 2008
LIST OF SDD COMPLAINTS RECEIVED IN THE YEAR 2008
A. Sex Discrimination
S /N
File
Number
1.
08/02
2.
08/06
3.
08/17
4.
08/22
5.
08/31
6.
08/32
Case
Complainant, a female primary school
teacher,
alleged
that
she
was
discriminated against in the allocation of
an upper class.
Complainant, a female Treasurer of the
MSPCA Council, alleged that due to
malpractices/ wrongdoings at the
MSPCA, she had to resign as Treasurer of
the council but remained a member.
Complainant, a female Purchasing and
Supply Officer, alleged that the
respondent, a male Chief Purchasing and
Supply Officer, (i) used to talk rudely and
in rough tone to her in front of her
colleagues; (ii) gave a false statement
against her and (iii) a police officer then
came into the office to give the
complainant a warning. The police officer
asked the complainant to accompany him
to the police post.
Complainant, a female Accounts Officer,
alleged that the Manager talked to her in a
way which she did not find proper.
Complainant was unfavourably treated
compared to her male colleagues. (the
male colleagues were granted special
leave on the occasion of their weddings).
Complainant, a female “dealer” in a
casino, alleged that the respondent, a
male “punter”, ill-treated her during
working hours. Given that she was
pregnant, the incident had a negative
impact on her health and she had to go to
the hospital for a check-up.
teacher, alleged that she was a victim of
unjustified punitive transfer by the Head
Teacher.
Remarks
The Directorate, the Inspector and
the Head Teacher promised to
allocate an upper class to
complainant the following year.
Not within the jurisdiction of the
SDD.
Allegation of sex discrimination
was not substantiated.
Management felt that the special
leave could not be granted to her
as her leave was exhausted. The
committee found that the decision
was reasonable.
The representative of the employer
showed utter good faith towards
the complainant and she was
offered a lighter job.
The complainant was transferred
to another school and she was
happy.
P a g e | 195
S /N
File
Number
7.
08/33
Complainant, a Rector in a private
college, alleged that she was demoted as
Education Officer after having worked for
14 years as Rector.
Complaint
not
within
jurisdiction of the SDD.
8.
08/39
Complainant, a female Education Officer
in a private college, alleged that her
contract of work was terminated due to
her pregnancy.
Management has reconsidered its
decision and the PSSA was
requested to continue paying a
grant to complainant for the year
2009.
9.
08/45
Complainant, a female Technical Officer,
alleged that she was transferred from
Reduit to Mer Rouge. Given that she was
pregnant and had some health problems
due to her pregnancy, it was not safe for
her to travel long distances.
The Ag Chief Agricultural Officer
has already been requested to
make appropriate arrangements to
have the complainant posted to a
division in Reduit.
10.
08/53
teacher,
alleged
that
she
was
discriminated against in the allocation of
class.
Still under consideration.
11.
08/61
Complainant alleged that on medical
advice, she had to take complete bed rest
during her pregnancy. The respondent
had refused to approve her application for
leave without pay.
On intervention of SDD, the leave
without pay has been approved.
Complainant will resume work
after her leave without pay.
12.
08/63(R)
Complainant, a female Senior Nursing
Officer, alleged that the scheme of service
requires that females Nursing Officer
must possess the Post Basic Course in
Midwifery while the senior male
counterparts do not require any
specialisation to be promoted to the same
post.
Complainant felt discriminated
against.
Case
Remarks
the
P a g e | 196
B. Sexual Harassment
S /N
File
Number
1.
08/03
Complainant, a female Purchasing and
Supply Officer alleged that she was
harassed at work by her Principal
Purchasing and Supply Officer.
The Head of Purchasing & Supply
Cadre was requested to transfer the
complainant back to her former
place of work because of her
family responsibilities and also
recommended that it was not
healthy for both the complainant
and respondent to occupy the same
office.
2.
08/07
Complainant, a female Education Officer,
alleged that the Rector talked to her in an
aggressive tone. She felt humiliated and
suffered from traumatic emotional stress.
As the respondent has retired, no
further action against him was
necessary.
3.
08/09
The complainants, female employees,
alleged that they were forced to work on
night shift with male inmates.
Matter settled at the level of the
Ministry of Labour & Industrial
Relations.
4.
08/10
Complainant, a female employee, alleged
that a manager sexually harassed her
during working hours.
The SDD cannot pursue the matter
as complainant was abroad.
5.
08/12
Complainant, alleged that a male Doctor
sexually harassed her when she attended
the casualty department for treatment.
The
allegation
of
sexual
harassment was not substantiated.
6.
08/13
Complainant, a female hospital servant,
alleged that a male hospital servant had
morally harassed her, namely, he made
false allegations against her.
Not
an
issue
of
sex
discrimination/sexual harassment.
However, the respondent was
warned to leave the complainant
alone.
7.
08/15
Complainants, two female employees,
alleged that they were harassed by the
respondent, a male attendant, who used
vulgar language towards them during
working hours.
Respondent was given a warning
for the inelegant words used
towards the complainant.
8.
08/18
The complainants, a group of female
students, alleged that a male Lecturer
would harass them morally and sexually.
Complaint based on an anonymous
letter. No sufficient evidence to
open an enquiry.
9.
08/20
that respondent harassed her on her
mobile phone by asking personal matters
regarding her divorce. He also came to
the complainant‟s house where he peeped
through the window when the latter was
in the bathroom. He also visited her house
when she was not at home.
Complainant was called several
times but did not turn up. The
SDD could not proceed with the
matter.
S /N
File
Number
Case
Case
Remarks
Remarks
P a g e | 197
10.
08/23
that a male colleague used vulgar
language at work and she felt
discriminated against.
The enquiry revealed that sex
discrimination/sexual harassment
was not an issue.
Complainant has lodged a case
before the Industrial Court. The
Police was also investigating into
the matter.
11.
08/24
that the respondent, a driver used vulgar
language at the workplace.
12.
08/27
Complainant, a pre-primary school
teacher, alleged that she was harassed by
a male Councillor of the Municipality of
Port Louis.
Allegations
of
sex
discrimination/sexual harassment
were not substantiated.
13.
08/29
that the respondent, a male manager often
harassed her so that she would go out
with him.
14.
08/35
Complainant, a female Doctor, alleged
that she was photographed by a male
Nursing Officer during her working
hours. In her opinion, this incident was
shocking, unethical and unprofessional
for a subordinate to invade the privacy of
a patient by spying on her.
15.
08/36
Complainants, a group of female hospital
servants, alleged that a male hospital
servant would harass them when they
were on night shift. Whilst under the
influence of liquor, he would flirt with
them and ask them to kiss him.
Not a single female hospital
servant acknowledged having
made a complaint that she has
been sexually or otherwise
harassed and no adverse evidence
was gathered against respondent.
16.
08/37
Complainants, a group of female staff,
alleged that the respondent, a male
manager, would repeatedly harass the
female staff, i.e. making unwelcome
sexual advances and other offending
remarks. He would also invite them to
his room to have a drink with him and to
watch porn films.
As the Ministry of Labour and
Industrial Relations has already
enquired into the matter, the SDD
did not propose to pursue the
matter.
17.
08/43
Complainant
who lives
near
a
government school alleged that the
respondent, a male teacher, would very
often observe her from his classroom. He
also sent her sms. Whenever she went to
see her son at school, the teacher would
call her a drunkard.
S /N
File
Number
18.
08/50
Case
Complainant, a female hostess in a hotel,
alleged that the Food & Beverages
Remarks
Complainant
was
convened
several times but did not turn up. .
P a g e | 198
Manager used vulgar language towards
her during working hours. Complainant
felt depressed.
19.
08/52
Complainant, a female public officer at a
government controlled company, alleged
that she was sexually harassed by a male
security officer at the workplace.
20.
08/58
Complainant, a female officer, alleged
that the respondent, a male Senior
Industrial Analyst had made personal
comments on her in front of other people.
21.
08/59
Complainant, a female Secretary in a Call
Centre, alleged that a male Manager had
harassed her.
22.
08/60
Complainant alleged that a male police
officer had sexually harassed her.
P a g e | 199
C. Other Complaints
S /N
File
Number
1.
08/01
Complainant, a male resident of Quatre
Bornes, alleged that the respondent, a relative
of his was operating a metal workshop in his
yard which adjoined his house (a residential
area).
Not within the jurisdiction of
the SDD.
2.
08/04
A female complainant alleged that she was
harassed by a police man (her ex-fiancé) who
forced her to accompany him to Caudan to
have a discussion with her. He threatened to
kill her if she would refuse to marry him.
the SDD.
3.
08/05
Complainant, a Clerical Officer was paid as a
general attendant instead of a clerical officer.
She further complained that the respondent illtreated her during working hours.
the SDD
4.
08/08
Complainant, a female employee, alleged that
the manager of the company morally harassed
her. She was accused of persistent negative
attitude at work. She was further asked to
retire.
the SDD.
5.
08/11
Complainant alleged that his neighbour
assaulted him on the ground that the
complainant was occupying the respondent‟s
land. The respondent uprooted the vegetables
cultivated on that land.
the SDD. All the same, the
respondent was given a
warning to be more polite
towards elderly people.
6.
08/14
Complainant, a male Head Human Resource in
a bank, alleged that a colleague harassed him
morally, stating that the complainant was not
up to the standard to assume the duties of Head
of Human Resources.
7.
08/16
Complainant, a female Laboratory Technician,
alleged that her colleagues submitted adverse
reports on her. She felt that they were
harassing her.
No allegations of sex
discrimination or sexual
harassment.
8.
08/19
the Director, acting upon false allegations,
dismissed her from work. She was accused of
(i) making phone calls during working hours
whereas it was forbidden to do so; (ii) refusing
to do overtime and (iii) leaving the office
before the scheduled time.
The matter has already been
referred to the DPP by
Police.
Case
Remarks
P a g e | 200
S /N
File
Number
9.
08/21
the respondent threatened to kill her. She
stated that she lost her work because of the
respondent.
the SDD.
10.
08/25
harassed her over the telephone.
11.
08/26
Complainant, a female primary school teacher,
alleged that she was not allocated any class this
year on the basis of false allegations from
parents (she was a floating teacher).
the SDD.
12.
08/28
Complainant, a male hospital servant, alleged
that he was victim of false allegations made by
respondent, a female hospital servant.
Complaint not within the
Respondent was advised to
keep a civilised relationship
with his colleagues.
13.
08/30
Complainant, a female employee at the
hospital, alleged that she felt frustrated as she
had to replace officers regularly at the Flacq
hospital.
14.
08/34
Complainant, a female pre-primary school
teacher, alleged that her professional integrity
was at stake and also that her fundamental
rights were violated.
Complaint not within the
15.
08/38
Complainant, a female employee in a private
company, alleged that she was given a contract
in which she had to work as Assistant
Instructress instead of Instructress.
the SDD.
16.
08/40
Complainant alleged that her neighbour had
insulted her and had thrown rubbish at her.
the SDD.
17.
08/41
Complainant alleged that she was harassed
during working hours regarding her private
life.
The SDD did not propose to
pursue the matter as the
complainant did not turn up.
18.
08/42
Complainant felt harassed and humiliated by
police officers when she went to give a
statement in connection with a car accident at
Terre Rouge police station.
the SDD. Complainant was
advised to give a statement to
the CIB Office.
19.
08/44
Complainant, a female Ag Director, alleged
that a male junior staff assaulted her in the
office. She did not feel comfortable to perform
her duties.
Complainant was convened
several times but did not turn
up.
Case
Remarks
P a g e | 201
S /N
File
Number
20.
08/46
Complainant, a female employee of a
municipality, alleged that a male respondent
behaved rudely towards her and that every time
she went to see him for a problem, the
respondent did not listen to her.
21.
08/47
Complainant, a female Laboratory Attendant,
alleged that she was transferred to a school
where the working atmosphere was not good
and her health was being affected.
Complainant has already
been transferred to another
school.
22.
08/48
Complainant, a female Accounts Clerk, alleged
that she was compelled to sign a form whereby
she was to state that “she adheres to rules
recently introduced by the MCAF”.
Complaint was not of a sex
discrimination issue.
23.
08/49
during working hours, the respondent pushed
her towards a door. She fell down and hurt her
head.
Complainant was no longer
working
under
the
supervision of respondent
and she was satisfied with the
work. Respondent was also
informed of the provision of
the
law
concerning
workplace violence.
24.
08/51
Complainant, a female Storekeeper/Clerk
alleged that the respondent, a male manager
used to shout at her during working hours.
As the respondent has left the
country, the Division cannot
proceed with the enquiry.
25.
08/54
Complainant alleged that she was insulted in
public by respondent, a male relative.
26.
08/55
Complainant a female primary school teacher
alleged that unlike General Purpose Teachers
who would be transferred after having worked
six continuous years in a particular school, she,
an Asian language teacher, was not given the
opportunity of staying in the same school for
two continuous years.
On intervention of the SDD,
complainant was transferred
back to her former place of
work.
27.
08/56(R)
Complainant, a female
Operator alleged that she
against with regard to her
male office caretaker
Department.
Word Processing
felt discriminated
racial origin by a
at the Judicial
28.
08/57
Complainant, a female Clerical Officer, alleged
that the respondent, a Vehicle Examiner had
insulted her and spied on her during working
hours.
29.
08/62
Complainant, a female school inspector alleged
that the respondent, a male Principal Inspector,
harassed bullied, victimised her at the
workplace.
Case
Remarks
P a g e | 202
ANNEX XVI
WOMEN MEMBERS IN NATIONAL ASSEMBLY, ETC…
Number of members at the National Legislative Assembly by year of election & sex, 1983 – 2005
Number of members
Year
1983
1987
1991
1995
2000
2005
Male
66
66
64
60
66
58
Female
4
4
2
6
4
12
Both Sexes
70
70
66
66
70
70
% Female
5.7
5.7
3.0
9.1
5.7
17.1
Number of members at Municipal Council by year of election & sex, 1985 – 2005
Year
1985
1988
1991
1996
2001
2005
Male
119
118
119
115
109
110
Number of members
Female
Both Sexes
7
126
8
126
7
126
11
126
17
126
16
126
% Female
5.6
6.3
5.6
8.7
13.5
12.7
Number of members at the Village Council by year of election & sex, 1986 – 2005
Year
1986
1989
1992
1997
2005
Male
795
1,158
1,378
1,435
1,390
Number of members
Female
Both Sexes
15
810
18
1,176
14
1,392
41
1,476
86
1,476
% Female
1.9
1.5
1.0
2.8
5.8
Number of members at the Village Council by year of election & sex, 2002 – 2006
Year
2002
2006
Male
15
13
Number of members
Female
Both Sexes
3
18
5
18
% Female
16.7
27.8
Source: Electoral Commissioner‟s Office
P a g e | 203

NATIONAL HUMAN RIGHTS COMMISSION MAURITIUS

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