| The State Department web site below is a permanent electronic archive of information released prior to January 20, 2001. Please see www.state.gov for material released since President George W. Bush took office on that date. This site is not updated so external links may no longer function. Contact us with any questions about finding information. NOTE: External links to other Internet sites should not be construed as an endorsement of the views contained therein. |
TITLE: MAURITIUS HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
MAURITIUS
Mauritius is a parliamentary democracy governed by a Prime
Minister, a Council of Ministers, and a National Assembly.
Mauritius declared itself a Republic on March 12, 1993. The
Head of State is the President, who is nominated by the Prime
Minister and confirmed by the Assembly, and whose powers are
largely ceremonial. Fair and orderly national and local
elections, supervised by an independent commission, take place
at regular intervals. There are four major political parties
and several smaller parties. Prime Minister Anerood Jugnauth's
current coalition received a broad mandate in general elections
in September 1991.
A paramilitary Special Mobile Force of some 1,200 men and a
240-man Special Support Unit are responsible for internal
security. These forces, under the command of the Commissioner
of Police, are backed by a general duty police force numbering
over 6,000. They are largely apolitical and generally well
trained, but police abuse of suspects apparently increased
during the year.
The economy is based on export-oriented manufacturing (mainly
textiles), sugar, and tourism. The rapid economic growth of
the mid-1980's has slowed as a result of labor shortages and
the global economic slowdown. The Government, with the help of
international donors, is attempting to diversify the industrial
base to favor high-technology, capital-intensive production,
and new sectors, such as financial services.
Political and civil rights are protected under the Constitution
and respected in practice. The work of the Garrioch Committee,
established by the Prime Minister in 1990 to conduct an
independent review of several controversial laws, led to
significant reforms. These included expansion of the freedom
of assembly and abolition of the repressive Public Order Act,
which permitted detention without charge or trial. The
Government continued to delay the release of the Garrioch
Committee's recommendations on amendments to the Industrial
Relations Act, which effectively disallows the right to
strike. The Government determines wages and benefits;
collective bargaining is not practiced. Societal
discrimination and violence against women continued.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of political or extrajudicial killings.
b. Disappearance
There were no reports of politically motivated disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture and inhuman punishment are prohibited by law and
generally are not practiced. However, there were increased
press allegations, confirmed by attorneys handling civil rights
cases, of police mistreatment of suspects. The abuse ranged
from use of excessive force during arrests to beatings of
suspects in custody. In September, in a well-publicized case,
two police officers were charged with having caused the death
of a person in their custody. Some victims of police
mistreatment have sued and been financially compensated for
their personal injuries. No police officers accused of abuse
were brought to trial in 1993.
d. Arbitrary Arrest, Detention, or Exile
Under the Constitution, detained persons have the right to a
judicial determination of the legality of their detention.
Although the time limit for making this determination is not
specified in law, in practice it is usually made within 24
hours. Bail is commonly granted. The Public Gathering Act,
which replaced the Public Order Act on the basis of
recommendations from the Garrioch Committee, no longer allows
for indefinite detention without charge or trial.
Exile is legally prohibited and not practiced.
e. Denial of Fair Public Trial
Mauritius' judicial system, modeled on that of Great Britain,
consists of the Supreme Court, which has appellate powers, and
a series of lower courts. Final appeal may be made to the
Judicial Committee in the United Kingdom, and this is routine
in the cases of death sentences. There are no political or
military courts.
The President, in consultation with the Prime Minister,
nominates the Chief Justice and, in consultation with the
latter, nominates the senior puisne (associate) judges. The
President nominates other judges on the advice of the Judicial
and Legal Service Commissions. The legal system has
consistently provided fair, public trials for those charged
with crimes. Defendants have the right to private or
court-appointed counsel. The judiciary is also charged under
the Constitution with ensuring that new laws are consistent
with democratic practice.
While a number of recent legal decisions went against the
Government, the most significant being the Supreme Court's
rejection of an attempt by the Prime Minister to strip the
leader of the opposition of his seat in the National Assembly,
legal specialists and opposition politicians have warned
against undue influence by the executive over the judiciary.
These concerns were highlighted by the resignation in August of
a Supreme Court justice. The justice resigned after his stay
of deportation of a woman who was 8 months pregnant was
overruled on the direct order of the Prime Minister.
There were no political prisoners in Mauritius in 1993.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The sanctity of the home is guaranteed by law and generally
respected in practice, but credible reports hold that the
Government's intelligence apparatus occasionally opens mail and
carries out surveillance of local opposition leaders and other
major figures. In September 1992, after a staff member of the
Mauritius Broadcasting Corporation (MBC) alleged that a letter
addressed to him had been opened, the Supreme Court ruled that
the MBC and other government organizations could not open the
personal mail of their employees. The search of personal
property or premises is allowed only under clearly specified
conditions by court order or by police decision if an illegal
act has been committed.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press is protected by the Constitution
and local tradition and is largely respected in practice.
Debate in the National Assembly is lively and open. While
there are occasional complaints of government influence in
editorial policies, over a dozen privately owned daily, weekly,
and monthly newspapers present varying political viewpoints and
freely express partisan views. However, newspapers are subject
to the constraints of strict libel laws, which, under the 1984
Newspaper and Periodicals (Amendment) Act, inhibit the ability
of the press to criticize the Government. In 1991 two
journalists were charged with giving out false information
concerning a sea captain accused of fishing in Mauritian
waters. The charges against the journalists were dropped in
February 1992, but in March of the same year an appeal was
filed by the Director of Public Prosecutions. This appeal was
still pending at the end of 1993.
The Government owns the 2 television and 3 radio stations,
which broadcast in 12 languages and dialects. Television and
radio, which in the past tended to reflect government editorial
and programming policies, have developed more independent,
professional news reporting. Opposition politicians are given
more air time than previously and new current events programs
featuring interviews with politicians from across the political
spectrum have been well received.
b. Freedom of Peaceful Assembly and Association
Mauritians enjoy the right to form associations, including
political parties, trade unions, and religious organizations,
although in practice all such organizations need government
approval in order to operate officially. Mauritius has a
multitude of such private organizations.
Political, cultural, and religious assemblies are commonplace.
Under the 1991 Public Gathering Act, police permission is
required for holding demonstrations and mass meetings. Such
permission is rarely refused. Although groups have sucessfully
challenged police denials of permits, in 1993 no appeals were
made. Groups complained that the time involved in the appeals
process often makes the final outcome moot.
c. Freedom of Religion
There is no state religion. Hindus are a majority, but
Christians, Muslims, Buddhists, and others openly practice,
teach, and proselytize. All religious institutions receive
state subsidies in proportion to their memberships. There is
no state-sponsored discrimination against any ethnic or
religious community. The Government facilitates the travel of
Mauritians who make the hajj. Foreign missionaries are not
allowed to enter the country without a prior request from a
local religious organization. Missionaries have faced the same
difficulties as other foreigners in obtaining residence permits.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no restrictions on freedom of movement within the
country. Foreign travel and emigration are also unrestricted.
However, there is no blanket guarantee of repatriation, and
there are no general criteria for processing repatriation
applications. Applications from Mauritians abroad who lost
their citizenship after acquiring a second nationality
(estimated to be several thousand) are handled on a
case-by-case and sometimes arbitrary basis. This remains an
issue of political debate as more Mauritians abroad seek to
reclaim their Mauritian citizenship.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens have the right and ability to change their government
through democratic means. Mauritius is governed by a freely
elected, unicameral National Assembly, with executive direction
coming from the Council of Ministers, currently headed by Prime
Minister Sir Anerood Jugnauth, whose Alliance coalitions won
elections in 1983, 1987, and 1991. The President, in
accordance with the advice of the Prime Minister, has the right
to designate the person charged with forming a new government
following parliamentary elections or in a parliamentary
crisis. Parliamentary, municipal, and village council
elections are held at regular intervals. All citizens 18 years
of age and over have the right to vote and run for office.
In the National Assembly, up to eight members are appointed
through a complex "best loser" system designed in part to
ensure that all ethnic groups are adequately represented. The
governing (three-party) Alliance coalition controls 49 of the
66 seats. The political parties often match the ethnicity or
religion of their candidates to the composition of particular
electoral constituencies.
Only 2 of Mauritius' 66 members of Parliament and 1 of its 25
ministers are women. There are no legal impediments to women
assuming leadership roles. The Government is not actively
trying to address this imbalance.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Local human rights groups monitor developments without
governmental restriction. There have been no known requests by
international organizations to investigate human rights
violations in Mauritius.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
Traditionally, women have occupied a subordinate role in
society, but the Government has tried to promote equality by
eliminating various legal restrictions, e.g., in laws dealing
with emigration and inheritance and, in 1990, by removing a
legal bar to women serving on juries. Also, in 1989 the
Government appointed "Equal Employment Opportunity Officers" in
the major ministries to ensure the promotion of women's
interests. However, the lack of a body of law mandating equal
treatment for women limits these officers' effectiveness.
Despite the growing number of women in the work force, there is
no legislation requiring equal pay for equal work, nor are
there any specific provisions against sexual harassment in the
workplace. Additionally, women still cannot transmit
citizenship to their foreign-born children, and foreign
husbands of Mauritian women cannot automatically obtain
residence and work permits (as can foreign wives of Mauritian
men).
According to the Ministry of Women's Rights and Family Welfare,
physicians, attorneys, and religious and charitable
organizations, violence against women is widespread. There are
no special provisions in Mauritian law concerning family
violence. Police are generally reluctant to become involved in
cases of wife beating. The Government in 1989 established a
family counseling service, managed by the National Council of
Women, one of whose principal tasks is to provide counseling
and legal advice in cases of spousal abuse. S.O.S. Women, a
nongovernmental organization which provides assistance to
abused women and works to sensitize the Mauritian population on
women's rights issues, estimates that it is contacted by more
than 150 abused women each month. Rape and Incest Aid, a
Mauritian nongovernmental organization, has made progress in
sensitizing Mauritians to these issues. Victims are frequently
informally referred to this group by the Mauritian police.
Children
The Government's programs in the area of children's rights and
welfare are limited. Most are handled by the National
Children's Council, a parastatal organization attached to the
Ministry of Women's Rights. Most of the Government's resources
in this area are concentrated on family counseling and
sensitization on child abuse.
National/Racial/Ethnic Minorities
Although Mauritius has a Hindu majority, the country's active
press and strongly egalitarian traditions mitigate against
discrimination in all forms. Discrimination on the basis of
race, ethnicity, or caste is also prohibited by law.
Nonetheless, underlying social tensions based on ethnicity and
caste continued in 1993.
People with Disabilities
Mauritian law requires organizations that employ more than 10
persons to set aside at least 3% of their positions for people
with disabilities. The law does not, however, mandate that
worksites be accessible to the disabled. Several
nongovernmental organizations have expressed concern about this
lack of accessibility, which makes it impossible for people
with disabilities to fill many jobs.
Section 6 Worker Rights
a. The Right of Association
Mauritius has an active trade union movement. Almost 300
unions represent about 110,000 workers, just under 30 percent
of the work force. Of these, 110 have less than 50 members.
Workers are theoretically free to form and join unions and to
organize in all sectors, including in the export processing
zone (EPZ) which employs about 90,000 workers. However, in
practice there are a variety of constraints under the 1973
Industrial Relations Act (IRA), such as the need to obtain
government approval to register new unions. In addition, five
unions in the EPZ were deregistered in 1993 because they became
inactive, or because their membership dropped below seven.
Less than 10 percent of EPZ workers are believed to be
unionized. Unions can and do press wage demands, establish
ties to domestic political parties and international
organizations, and address political issues.
In theory unions have the right to strike. However, in labor
disputes the IRA requires a prestrike 21-day cooling-off period
followed by binding arbitration, which has the effect of making
most strikes illegal. Participation in a strike not approved
by a court is sufficient grounds for dismissal.
b. The Right to Organize and Bargain Collectively
While the right of association is guaranteed by law, excessive
government intervention has distorted the collective bargaining
process. The IRA's provisions for establishing wages bear
little resemblance to the traditional collective bargaining
process, and the Government's restraints on that process render
it ineffective.
A National Remuneration Board (NRB), whose chairman is
appointed by the Minister of Labor, sets minimum wages by
sector but also establish a wage structure based on length of
service and job classification. The NRB thus sets wages for
skilled and experienced workers whose earnings are well above
the minimum wage. Wages and benefits for civil servants are
established by the Pay Research Bureau (PRB) which prepares a
wage scale for the civil service on the basis of the
Sedgwick/Chesworth Report recommendations. After a 6-year
hiatus, this report was published in May. While it gave wage
increases which averaged 17 percent, labor groups criticized it
for its inflexibility and opaqueness.
In 1993 the salary increases granted in the PRB also served as
cost-of-living adjustments, which previously had been
determined in tripartite negotiations. Ordinarily, the
government-established tripartite committee, chaired by the
Minister of Finance and including employer and trade union
representatives, meets once a year. Its recommendations are
not always unanimous, however, and the Government makes the
final decision.
The International Labor Organization (ILO) noted again in 1991
that the IRA does not give workers' organizations sufficient
protection against acts of interference as provided for by ILO
Convention 98 on the right to organize and bargain
collectively. The Garrioch Committee submitted its review of
the IRA to the Government in May 1992. Despite government
pledges to release the Committee's report and introduce
amendments to the IRA by July 1993, at the end of the year
neither had been done.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by law and not
practiced. However, under the IRA the Minister of Labor can
refer industrial disputes to compulsory arbitration,
enforceable by penalties involving compulsory labor
provisions. The ILO continues to criticize this as being in
conflict with ILO Convention 105 on forced labor. There were
no such cases in 1993.
d. Minimum Age for Employment of Children
The minimum work age for employment of children is 15. The
Ministry of Labor is responsible for enforcing child labor
laws, but enforcement is minimal. While there are cases of
children under the age of 15 working illegally in the EPZ, the
large, established EPZ factories do not hire children under
15. In fact, it is unusual to see employees much younger than
18.
e. Acceptable Conditions of Work
The NRB establishes minimum wages for 26 categories of private
sector workers (sugar, tea, transport, etc.) which apply
equally to workers in the EPZ. Although originally established
to set minimum wages for nonunion workers, the NRB has
broadened its powers and issues remuneration orders that
establish minimum wages, bonuses, housing, and transportation
allowances, and other benefits for almost all private sector
workers. About 85 percent of all private sector workers
(including unionized workers) are covered by NRB orders.
Employers and unions are free to negotiate wages and benefits
above the minimums established by the NRB, but this is rare.
Minimum wages are differ along employment sector and gender
lines. Women are paid less in the agricultural sector on the
stated assumption that their productivity is lower in this
labor-intensive work. In the EPZ, the minimum wage is equal
for men and women. The statutory minimum wage for an unskilled
worker in the EPZ is $45 (approximately 800 Rupees) a month.
The minimum wage for non-EPZ workers is about $54 (about 1000
Rupees) a month. However, given Mauritius' present labor
shortage, the market rate is much higher, and most jobs include
various benefits. The overall compensation package generally
is sufficient to afford an acceptable standard of living. The
Government mandates minimum wage increases each year based on
inflation.
The standard workweek in the industrial sector is 45 hours, but
excessive overtime continues to be a problem in the EPZ. An
employee may be required by an employer to perform up to 10
hours per week of mandatory overtime (at a higher hourly
wage). With the employee's consent, he or she may work up to
20 hours of overtime per week (i.e., 65 hours).
The Government sets health and safety standards, and working
conditions are inspected by Ministry of Labor officials. While
the total number of industrial accidents has declined in recent
years, the number of fatal accidents has risen. Enforcement is
minimal and ineffective due to the small number of inspectors.
[end of document]
Return
to 1993 Human Rights Practices report home page.
Return to DOSFAN
home page.
This is an official U.S. Government source
for information on the WWW. Inclusion of non-U.S. Government links
does not imply endorsement of contents.