MAURITIUS
Republic of Mauritius
Republic of Mauritius
Joined United Nations:  24 April 1968
Human Rights as assured by their constitution
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Updated 12/15/10
CAPITAL
POPULATION
CHIEF OF STATE
SELECTION PROCESS
Port Louis
1,294,104 (July 2010 est.)
Navinchandra Ramgoolam
Prime Minister since 5 July 2005
President and vice president elected by the National Assembly for
five-year terms (eligible for a second term); election last held 19
September 2008

Next scheduled election: 2013
HEAD OF GOVERNMENT
SELECTION PROCESS
Prime minister and deputy prime minister appointed by the
president, responsible to the National Assembly; elections: last
held on 5 May 2010

Next scheduled election:  2015
DECLARATION OF HUMAN RIGHTS
ETHNIC GROUPS
Indo-Mauritian 68%, Creole 27%, Sino-Mauritian 3%, Franco-Mauritian 2%
RELIGIONS
Hindu 48%, Roman Catholic 23.6%, Muslim 16.6%, other Christian 8.6%, other 2.5%, unspecified 0.3%, none 0.4% (2000 census)
GOVERNMENT
STRUCTURE
Parliamentary democracy with 9 districts and 3 dependencies; Legal system is based on French civil law system with elements of
English common law in certain areas; accepts compulsory ICJ jurisdiction with reservations
Executive: President and vice president elected by the National Assembly for five-year terms (eligible for a second term); election last held
19 September 2008 (next to be held in 2013); prime minister and deputy prime minister appointed by the president, responsible to the
National Assembly
Legislative: Unicameral National Assembly (70 seats; 62 members elected by popular vote, 8 appointed by the election
commission to give representation to various ethnic minorities; to serve five-year terms)
elections: last held on 5 May 2010 (next to be held in 2015)
Judicial: Supreme Court
LANGUAGES
Creole 80.5%, Bhojpuri 12.1%, French 3.4%, English (official; spoken by less than 1% of the population), other 3.7%,
unspecified 0.3% (2000 census)
BRIEF HISTORY
It has been frequently hypothesized that Mauritius was first discovered by the Arabs but this is without proof. The first historical
evidence of the existence of an island which we now know as Mauritius, is on a map produced by the Italian cartographer Alberto
Cantino in 1502. Cantino shows three islands which are thought to represent the Mascarenes (Reunion, Mauritius and Rodrigues)
and calls them diba margabin, dina aroby and dina morare. What is known is that the mediaeval Arab world called the Indian
Ocean island region Waqwaq. Mauritius was discovered and visited by the Portuguese between 1507 and 1513. An official world
map by Diogo Ribeiro described “from west to east, the first island, ‘’Mascarenhas’’, the second, ‘’Santa Apolonia’’ and the third,
‘’Domingo Froiz’’. The three islands (Réunion, Mauritius and Rodrigues) were discovered some years earlier by chance during an
exploratory expedition of the coast of the Golf of Bengal led by Tristão da Cunha. The expedition ran into a cyclone and was forced
to change course. Thus, the ship ‘’Cirne’’ of the captain Diogo Fernandes Pereira, came into view of Réunion island on 9 February
1507. They called the island ‘’Santa Apolonia’’ in honor of that day’s saint. Mauritius was discovered during the same expedition
and received the name of ‘’Cirne’’ and Rodrigues that of ‘’Diogo Fernandes’’. Five years later, the islands were visited by Dom
Pedro de Mascarenhas[4] who left the name ‘’Mascarene’’ for the whole region. The Portuguese took no interest in these isolated
islands. They were already established in Asia in Goa, on the coast of Malabar, on the island of Ceylon (now Sri Lanka) and on the
Malaysian coast. Their main African base was in Mozambique, therefore the Portuguese navigators preferred to use the
Mozambican canal to go to India. The Comoros at the north proved to be a more practical port of call. Thus no permanent colony
was established on the island by the Portuguese. In 1598, a Dutch expedition consisting of eight ships set sail from the port of Texel
(Netherlands) under the orders of admirals Jacques Cornelius Van Neck and Wybrandt Van Warwyck towards the Indian
subcontinent. The eight ships ran into foul weather after passing the Cape of Good Hope and were separated. Three found their
way to the northeast of Madagascar while the remaining five regrouped and sailed in a southeasterly direction. On 17 September,
the five ships under the orders of Admiral Van Warwyck came into view of the island. On 20 September, they entered a sheltered
bay which they gave the name of ‘’Port de Warwick’’ (present name is “Grand Port”). They landed and decided to name the island
"Prins Maurits van Nassaueiland", after Prince Maurits (Latin version: Mauritius) of the House of Nassau, the stadtholder of
Holland, but from those days, only the name Mauritius has remained. From then on, the island’s ’’Port de Warwick’’ was used by
the Dutch as a stopover after long months at sea. In 1606, two expeditions came for the first time to what would later become Port-
Louis in the northwest part of the island. Those who landed on the island freely cut and took with them the precious bark of the
Ebony trees, then found in profusion all over the island. Dutch colonization started in 1638 and ended in 1710, with a brief
interruption between 1658 and 1666. Numerous governors were appointed, but continuous hardships such as cyclones, droughts,
pest infestations, lack of food and illnesses finally took their toll, and the island was definitively abandoned in 1710. The island was
not permanently inhabited for the forty years after its discovery by the Dutch, but in 1638 Cornelius Gooyer established the first
permanent Dutch settlement in Mauritius with a garrison of twenty-five. He thus became the first governor of the island. In 1644, the
islanders were faced with many months of hardships, due to delayed shipment of supplies, bad harvests and cyclones. During those
months, the colonists could only rely on themselves by fishing and hunting. Nonetheless, Van der Stel secured the shipment of 95
more slaves from Madagascar, before being transferred to Ceylon. In 1664, a second attempt was made, but this one also ended
badly as the men chosen for the job abandoned their sick commander, Van Niewland, without proper treatment, and the latter
eventually died. From 1666 to 1669, Dirk Jansz Smient administered the new colony at Grand Port, with the cutting down and
export of Ebony trees as the main activity. Thus the Dutch definitely abandoned the island in 1710. Abandoned by the Dutch, the
island became a French colony when, in September 1715, Guillaume Dufresne D'Arsel landed and took possession of this port of
call on the route to India. He named the island "Isle de France", but it was only in 1721 that the French started their occupation.
However, it was only from 1735, with the arrival of the most illustrious of French governor, Mahé de La Bourdonnais, that the "Isle
de France" started developing effectively. Mahé de La Bourdonnais established Port Louis as a naval base and a shipbuilding
centre. The island was under the administration of the French East India Company which maintained its presence until 1767. During
the Napoleonic wars, the "Isle de France" had become a base from which French corsairs organised successful raids on British
commercial ships. A preliminary attack was foiled at Grand Port in August 1810, but the main attack launched in December of the
same year from Rodrigues, which had been captured a year earlier, was successful. The British landed in large numbers in the north
of the island and rapidly overpowered the French, who capitulated. By the Treaty of Paris in 1814, the "Isle de France" which was
renamed Mauritius was ceded to Great Britain, together with Rodrigues and the Seychelles. In the act of capitulation, the British
guaranteed that they would respect the language, the customs, the laws and the traditions of the inhabitants. The British
administration, which began with Robert Farquhar as governor, was followed by rapid social and economic changes. One of the
most important events was the abolition of slavery in 1835. Mauritian Creoles trace their origins to the plantation owners and slaves
who were brought to work the sugar fields. Indo-Mauritians are descended from Indian immigrants who arrived in the nineteenth
century to the Aapravasi Ghat in order to work as indentured laborers after slavery was abolished in 1833. Included in the Indo-
Mauritian community are Muslims (about 17% of the population) from the Indian subcontinent. The Franco-Mauritian elite controls
nearly all of the large sugar estates and is active in business and banking. As the Indian population became numerically dominant and
the voting franchise was extended, political power shifted from the Franco-Mauritians and their Creole allies to the Indo-Mauritians.
Conflicts arose between the Indian community (mostly sugarcane labourers) and the Franco-Mauritians in the 1920s, leading to
several – mainly Indian – deaths. Following this the Mauritius Labour Party was founded in 1936 by Maurice Cure to safeguard the
interest of the labourers. Cure was succeeded a year later by Emmanuel Anquetil who tried to gain the support of the port workers.
After his death, Guy Rozemond took over the leadership of the party. An independence campaign gained momentum after 1961,
when the British agreed to permit additional self-government and eventual independence. A coalition composed of the Mauritian
Labour Party (MLP), the Muslim Committee of Action (CAM) of Sir Abdool Razack Mohamed, and the Independent Forward
Bloc (IFB) – a traditionalist Hindu party – won a majority in the 1967 Legislative Assembly election, despite opposition from
Franco-Mauritian and Creole supporters of Gaetan Duval's and Jules Keoing's Mauritian Social Democratic Party (PMSD). The
MLP led alliance was able to win this constituency only due to the support of the CAM, Sir Seewoosagur Ramgoolam, MLP leader
and chief minister in the colonial government, became the first prime minister after independence, on March 12, 1968. The 1970s
saw the emergence of the Mouvement Militant Mauricien/Parti Socialiste Mauricien (MMM/PSM) led by Paul Bérenger. The
MMM was founded in 1970 and had three initial leaders, Paul Bérenger, Dev Virahsawmy and Juneid Jeeroobarkhan. Following
Sir Seewoosagur's death, his son, Navin Ramgoolam succeeded him as leader of the MLP. However, the MLP and PMSD were
defeated at the 1991 election, which saw Sir Anerood Jugnauth re-elected. On March 12, 1992 Mauritius finally became a republic
within the Commonwealth, with Cassam Uteem as president. At the next elections in 2001, Sir Anerood Jugnauth’s MSM, in
coalition with Paul Bérenger’s MMM was returned to power, with Sir Anerood Jugnauth appointed as prime minister. He
subsequently retired as Prime Minister after 3 years and assumed the office of President. For the remaining time of the elected
government the Prime Minister’s post was filled by Paul Bérenger. At the 2005 general elections, the MLP led Alliance Sociale
coalition won the elections and Navin Ramgoolam became Prime Minister. Sir Anerood Jugnauth remains the president.
Source: Wikipedia: History of Mauritius
ECONOMIC OVERVIEW
Since independence in 1968, Mauritius has developed from a low-income, agriculturally based economy to a middle-income
diversified economy with growing industrial, financial, and tourist sectors. For most of the period, annual growth has been in the
order of 5% to 6%. This remarkable achievement has been reflected in more equitable income distribution, increased life
expectancy, lowered infant mortality, and a much-improved infrastructure. The economy rests on sugar, tourism, textiles and
apparel, and financial services, and is expanding into fish processing, information and communications technology, and hospitality
and property development. Sugarcane is grown on about 90% of the cultivated land area and accounts for 15% of export earnings.
The government's development strategy centers on creating vertical and horizontal clusters of development in these sectors.
Mauritius has attracted more than 32,000 offshore entities, many aimed at commerce in India, South Africa, and China. Investment
in the banking sector alone has reached over $1 billion. Mauritius, with its strong textile sector, has been well poised to take
advantage of the Africa Growth and Opportunity Act (AGOA). In 2009, GDP grew 2.1%.
Source: CIA World Factbook (select Mauritius)
POLITICAL CLIMATE
Mauritian politics is vibrant and characterised by coalition and alliance building. All parties are centrist and reflect a national
consensus that supports democratic politics and a relatively open economy with a strong private sector.

Alone or in coalition, the Mauritian Labor Party (MLP) ruled from 1947 through 1982. The Mauritian Militant Movement/Mauritian
Socialist Party (MMM/MSM) alliance won the 1982 election, taking all 60 seats in Mauritius.

The MMM and MSM rejoined in a coalition that won the 2000 elections and, although a handful of MPs defected from the MSM
in early 2005, both parties went together to the next election in July 2005, competing against the Alliance Sociale, a MLP-led
coalition. The Alliance Sociale won the elections with an overwhelming majority.

Until 1992, Mauritius was a constitutional monarchy with Queen Elizabeth II as head of state, but on March 12 of that year, the
country became a republic within the Commonwealth. The last Governor-General, Sir Veerasamy Ringadoo, became President
under a transitional arrangement, before stepping down three months later in favour of Cassam Uteem, a former government
minister. Under the amended constitution, the country's unicameral parliament, the Legislative Assembly, was renamed the National
Assembly.

Communal Voting is very often the sole way of voting.Since independence ,the Prime Ministers elected by the population are
Hindus and also President holds the majority of Hindu office holders. As from 2003,President Jugnauth,from 2007,Vice President
Chettiar and as from 2005 Prime Minister Ramgoolam are the highest ranked persons in the actual government and are all three
Hindus.
Source: Wikipedia: Politics of Mauritius
INTERNATIONAL
DISPUTES
Mauritius claims the Chagos Archipelago (UK-administered British Indian Ocean Territory), and its former inhabitants, who reside
chiefly in Mauritius; claims French-administered Tromelin Island
U.S. State Department
United Nations Human
Rights Council
Amnesty International
Human Rights Watch
Freedom House
REFUGEES AND
INTERNALLY
DISPLACED PERSONS
(IDPS)
None reported.
ILLICIT DRUGS
Consumer and transshipment point for heroin from South Asia; small amounts of cannabis produced and consumed locally;
significant offshore financial industry creates potential for money laundering, but corruption levels are relatively low and the
government appears generally to be committed to regulating its banking industry
Mauritius National Human
Rights Commission
U. S. STATE
DEPARTMENT
HUMAN RIGHTS STATEMENTS, ANALYSIS AND CRITIQUES
2009 Human Rights Report: Mauritius
Bureau of Democracy, Human Rights, and Labor
2009 Country Reports on Human Rights Practices
March 11, 2010

Mauritius is a constitutional parliamentary democracy of approximately 1.3 million citizens governed by a prime minister, a council of
ministers, and a National Assembly. In 2005 the Social Alliance, a coalition led by Prime Minister Navinchandra Ramgoolam, defeated the
party alliance of the Mauritian Militant Movement (MMM) and the Militant Socialist Movement (MSM) in national elections judged by
international and local observers to be generally free and fair. Civilian authorities generally maintained effective control of the security
forces.

The following human rights problems were reported:
  • security force abuse of suspects and detainees;
  • prison overcrowding;
  • harassment and intimidation of journalists;
  • official corruption;
  • violence and discrimination against women;
  • abuse and sexual exploitation of children;
  • discrimination against persons living with HIV/AIDS;
  • restrictions on labor rights,
  • antiunion discrimination,
  • forced labor, including by children,
  • child labor.
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UNITED NATIONS
HUMAN RIGHTS
COUNCIL
21 May 2010
Committee on Economic, Social and Cultural Rights
Forty-fourth session
Geneva, 3-21 May 2010
Consideration of reports submitted by States parties under Articles 16 and 17 of the Covenant
Concluding Observations of the Committee on Economic, Social and Cultural Rights
Mauritius

A.        Introduction
2.        The Committee welcomes the submission of the combined second to fourth periodic reports of Mauritius and the written replies
to its list of issues, although it regrets that the combined report was submitted almost 13 years late. The Committee appreciates the frank
and constructive dialogue with the delegation of the State party that included representatives with expertise on the subjects covered by
the Covenant.

B.        Positive aspects
3.        The Committee welcomes the progress achieved by the State party in advancing the enjoyment of economic, social and cultural
rights in the State party since the consideration of its initial report by the Committee.
4.        The Committee notes with appreciation that the State party provides health care services and education up to the tertiary level
free of charge.
5.        The Committee welcomes the ratification by the State party of:
(a)        the Optional Protocol to the Convention on the Elimination of Discrimination against women (2008);

C.        Factors and difficulties impeding the implementation of the Covenant
6.        The Committee notes the absence of any significant factors or difficulties preventing the effective implementation of the
Covenant in the State party.

D.        Principal subjects of concerns and recommendations
7.        The Committee is concerned that economic, social and cultural rights are essentially not enshrined in the Constitution, although
some individual rights proclaimed therein are relevant to this category of rights. The Committee is also concerned that the Covenant
provisions have not been incorporated in the domestic law and cannot be directly invoked by individuals before national courts. It notes
that this situation has a restrictive impact on the scope of the competencies of the institutional guarantees of human rights, including
courts, the National Human Rights Commission, and the Office of the Ombudsman.
The Committee encourages the State Party to complete the planned amendment of the Constitution with a view to enshrining economic,
social and cultural rights in the Constitution on an equal footing with other constitutional rights. The Committee also recommends that
the State party accord the Covenant a legal status that would enable its provisions to be invoked directly within the domestic legal
system, preferably by incorporating the Covenant provisions into the domestic law. In this regard the Committee refers to its general
comment no. 9 on the domestic application of the Covenant.
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FREEDOM HOUSE
Freedom In The World 2010 Report
Political Rights Score: 1
Civil Liberties Score: 2
Status: Free

Overview
The Mauritian economy was adversely affected in 2009 by the global recession and the expanding reach and incidence of piracy in the
Indian Ocean. Meanwhile, Mauritius again was ranked highest among all African countries on the Ibrahim Index of African Governance.

In 2008, the Mauritius National Assembly approved legislation establishing a Truth and Justice Commission to examine the country’s
history of slavery and indentured labor and to consider possible reparations. That same year, former inhabitants of the Chagos Islands,
who had been evicted to Mauritius by Britain to make way for a military base in the 1960s, lost a long-running legal battle with the British
government to secure their return.

The government has actively sought to promote itself as an economic gateway to Africa; Mauritius has reportedly attracted more than
9,000 offshore entities since independence in 1968, with the banking sector alone drawing more than $1 billion in investments. The
World Bank’s 2010 report on the ease of doing business ranked Mauritius 17 out of 183 countries surveyed. However, real GDP growth
declined from nearly 5 percent from 2005 to 2008 to approximately 2.5 percent in 2009. Although the Mauritian economy was adversely
affected by the expanding reach and incidence of piracy in the Indian Ocean,the government declined to set up a facility to detain
suspected pirates.

Mauritius is an electoral democracy. Since independence, Mauritius has regularly chosen its representatives in free, fair, and competitive
elections. The head of state is a largely ceremonial president elected by the unicameral National Assembly for a five-year term. Executive
power resides with the prime minister, who is appointed by the president from the party or coalition with the most seats in the
legislature. Of the National Assembly’s 70 members, 62 are directly elected and 8 are appointed from among unsuccessful candidates
who gained the largest number of votes; all members serve five-year terms.

The main political groupings are the ruling Social Alliance coalition—which depends largely on the ethnic Indian majority—and the
opposition alliance of the MMM and MSM; the two blocs have alternated in power for decades. Decentralized structures govern the
country’s small island dependencies. The largest of these is Rodrigues Island, which has its own government, local councils, and two
seats in the National Assembly.

The country continues to enjoy a generally positive reputation for transparency and accountability.
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AMNESTY
INTERNATIONAL
Suggested recommendations to the 16 States in the fourth round of reviews under the Universal Periodic Review
February 2009
Recommendations to the government of Mauritius

International Criminal Court

* To accede to the Agreement on the Privileges and Immunities of the International Criminal Court and implement it in national law.
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HUMAN RIGHTS WATCH
World AIDS Day: Address Needs of Drug Users
Ensure Access to HIV Prevention and Treatment
November 27, 2008

(New York) - Governments around the world should adopt and expand needle and syringe exchange programs and effective drug
dependency treatment as part of their efforts to address HIV among people who use drugs, Human Rights Watch said today, ahead of
World AIDS Day on December 1.

"HIV epidemics around the world are being driven by lack of access to needle exchange programs and methadone-maintenance
treatment, both proven to reduce drug use," said Joe Amon, director of the HIV/AIDS and Human Rights Program at Human Rights
Watch. "We've known for decades that these approaches work, but many governments and international donors either provide too little
support or refuse to try them."

Outside of sub-Saharan Africa, as many as 30 percent of all new HIV infections occur among people who inject drugs, and within sub-
Saharan Africa, injection drug use is increasing.

International health and drug-control agencies - including the UN Office on Drugs and Crime, UNAIDS, and the World Health
Organization - all endorse comprehensive harm reduction services, including needle and syringe exchange and medication-assisted
therapy (for example, with methadone), both inside and outside prisons, as essential to address HIV among people who use drugs.

Despite broad endorsement and overwhelming evidence that they work, these approaches remain out of reach of the vast majority of
people who need them.

Approximately 80 percent of injection drug users live in developing or transitional countries, many receiving no HIV-prevention services.
UN Secretary-General Ban Ki-moon has decried the lack of HIV-prevention services to this population, noting that, "[e]stimates from 94
low- and middle-income countries show that the proportion of injection drug users receiving some type of prevention services was 8 per
cent in 2005, indicating virtual neglect of this most-at-risk population." By contrast, many countries that offer harm-reduction measures
on a sufficiently large scale have successfully controlled HIV epidemics.

Selected statistics on drug use and HIV
  •        In Mauritius, injection drug users represent 86 percent of the population living with HIV and they account for most new
    infections.
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OFFICIAL
GOVERNMENT HUMAN
RIGHTS STATEMENT
Address by the President of the Republic
on the occasion of the holding of a Forum on “La Famille et l’Unité Nationale”
organized by the Committee for the Promotion of National Unity
Tuesday 05 October 2010 at 1030 hrs
State House, Le Réduit

Ladies and Gentlemen

Good morning to all of you.  It gives me great pleasure to welcome you to the grounds of the State House on the occasion of the holding
of this Forum on the theme “The Family and National Unity.

Today’s event is meant to coincide with the celebrations of the International Day of the Elderly.  The aim of this forum where important
issues pertaining to intergenerational relations will be addressed is to awaken the consciousness of particularly the youth, to the needs
and expectations of the elderly.  We are confident that a harmonious relationship between the different age groups based on mutual
understanding, care and compassion, will help significantly to bring about a more just society and consolidate our national unity further.

We must endeavour to bridge what is commonly referred to as the “generation gap”.  Too often, our young people have a tendency to
look down upon their elders, without remembering for a moment, that they were the same teachers, who have helped to nurture the
talents in them, and have made them what they are today.  As parents, the elders of today have raised their children and showered love
and care upon them, while toiling hard to give them the education that have made them into productive members of society.

Children should never consider that once their parents have discharged their duties towards them and have reached the age of retirement,
their role as social leaders and active members of society are over.  Much has been said about gender empowerment and the positive role
that women can play in society.  Likewise it is time to empower our elders and tapped the enormous reservoir of values, experience and
talents that they represent.

The family is undoubtedly at the very core of the fabric of our society.  The present generation would do well, to extend a loving hand to
the elders, to preserve the bond within the family.  The elders should not be left behind, and thought of, as being unproductive
individuals, who have outlived their youthfulness.

When we think of the elders and the young, the word misunderstanding often crops up.  Why does that happen?  Probably, our youth
have entertained for too long the concept of them and us.  The age of the internet and technology has enabled the present generation to
achieve progress in diverse domains at an unbelievable pace.  This must have prompted our youth to think that the elders cannot
anymore follow their pace.   At the same time the moral values seem to have been put aside, in the blind pursuit of material gain.  It is
only when we draw from the wealth of these moral values that we can achieve a more balanced society.
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MAURITIUS NATIONAL
HUMAN RIGHTS
COMMISSION
Committee on Economic, Social and Cultural Rights considers report of Mauritius
NEW YORK, May 11, 2010/African Press Organization (APO)

The Committee on Economic, Social and Cultural Rights has considered the combined second to fourth periodic report of Mauritius (E.
/C.12/MUS/4) on how that country implements the provisions of the International Covenant on Economic, Social and Cultural Rights.

Introducing the report of Mauritius, Shree Baboo Chekitan Servansing, Permanent Representative of Mauritius to the United Nations
Office at Geneva, said that since its independence, Mauritius had been working toward building a multi-racial and multi-cultural
democracy whose foundations were based on the promotion and protection of human rights whether civil, political, economic, social or
cultural rights. Just this week Mauritius had held free and fair elections, reflecting the country’s unwavering and deep rooted attachment
to the fundamental tenets of democracy. The Government of Mauritius firmly believed in putting people first and creating a more
inclusive society with opportunities for all citizens and equality of treatment before the law and where citizens were at the core of all
forms of development. This commitment to the promotion and protection of human rights was enshrined in the Constitution which
prohibited discrimination by public officials on the basis of race, caste, political opinion, creed, religion, colour, sex, or place of origin. A
number of legislative measures had been adopted since the country’s last review before the Committee to further consolidate the human
rights legal structure and harmonize national laws with international treaties.

Mr. Servansing also said that in strict compliance with the doctrine of the separation of powers, Mauritius had a dynamic and
independent judiciary which played an important role in ensuring the protection of rights and fundamental freedoms and the primacy of
the rule of law. Other strong and independent institutions existed to guarantee the rights of citizens, including the National Human Rights
Commission, which included a Sex Discrimination Division, the Office of the Ombudsman and the Ombudsperson for Children. The
National Human Rights Commission was granted accreditation “Status A” by the International Coordinating Committee of National
Human Rights Institutions and it was governed by the Paris Principles.

Among the questions and issues raised by Committee Experts were the growing problems of intravenous drug use among the population
which had led to an increase in violent crime and a surge in the number of HIV infections. The Committee also raised concerns about
discussions in Mauritius to reinstitute the death penalty, which had been abolished in the country, in order to deal with the rise in violent
crime. Experts asked how Mauritius was protecting the environment and fostering sustainable development in light of the growth of the
tourism industry in the country, and the delegation was also asked if the State would consider establishing a minimum wage to protect
workers in the country. The Committee raised concerns about poverty on the island of Rodrigues and what was being done to address
the low standard of living for its inhabitants.

In closing remarks, Jaime Marchan Romero, Committee Chairperson, said that it had been a very frank discussion and the Committee
Experts also appreciated the written information and statistics provided by the delegation, which would serve as a basis for the
Committee to draw up specific and tangible recommendations, the spirit of which would be to assist in the promotion of economic,
social and cultural rights in Mauritius and ensure there was full implementation of those rights.

Mr. Servansing thanked the Committee for the active and sincere engagement they had with the Committee. The delegation had taken
note of all the observations made by the Committee, behind which lay a genuine call for Mauritius to do even better. Mr. Servansing
assured the Committee that Mauritius would live up to its obligations under the Covenant and they looked forward to receiving the
concluding observations of the Committee, which they hoped would reflect the spirit of dialogue that had prevailed throughout the
meeting.

The delegation of Mauritius included representatives from the Ministry of Finance and Economic Empowerment, the Attorney General’s
Office, and the Permanent Mission of Geneva to the United Nations Office at Geneva.
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REPUBLIC OF
MAURITIUS
OMBUDSMAN'S OFFICE
ANNUAL REPORT OF THE OMBUDSMAN
JANUARY – DECEMBER 2009

Year under review
This is the 36th Annual Report of the Ombudsman. It concerns the discharge of my functions during the year 2009 in the course of
which we registered a total of 378 new cases as detailed below.

Independence of the Ombudsman
The Ombudsman institution has existed for the last four decades in Mauritius. Not many institutions would have survived in its almost
original form after so many years. It is essentially the guarantee of the independence of the institution that has allowed this to happen.

Whenever an Ombudsman has to be appointed the Constitution enjoins the appointing authority i.e. the President of the Republic, who is
the Head of the State, to consult the Prime Minister, the Leader of the Opposition and leaders of other parties represented at the National
Assembly before doing so (section 96(2) of the Constitution).

One can easily conclude that the above provision tries to ensure that the person to be chosen is acceptable to all political parties
represented at the National Assembly. In other words, what is looked for is a broad consensus to appoint a truly independent and reliable
person who is and who can stay above the fray of the political arena.

Further, section 96(3) of the Constitution provides that no person shall be qualified for appointment as Ombudsman if he is a member of,
or a candidate for election to, the National Assembly or any local authority or is a local government officer, and no person holding the
office of Ombudsman shall perform the functions of any other public office.

Although the Constitution is silent as regard other activities which an Ombudsman may exercise, it is my belief that other kinds of
conflict of interests must also be avoided in order to guarantee the Ombudsman’s total independence e.g. any other remunerated activity.

This reminds me of what the famous British constitutionalist, Professor S.A. de Smith, said in his 1964 report as Constitutional
Commissioner for Mauritius, when addressing the question of the creation of the Ombudsman institution for Mauritius: “An Ombudsman
cannot be bought off the peg; he must be made to measure.”

Therefore the independence of the Ombudsman institution is absolutely vital for its credibility and I would even add for its survival. It is
also one of the essential characteristics of the Ombudsman institution throughout the world and recognized by the International
Ombudsman Institute, others being accessibility, flexibility and credibility.
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Sir Anerood Jugnauth
President since 7 October 2003
Monique Ohsan-Bellepeau
Vice President since 13 November 2010
TRAFFICKING IN
PERSONS
None reported.