Legal Country Mapping

Home , Parliamentary republic, Unitary state

08/2020

By: Bryan Ramsamy LEGAL COUNTRY MAPPING, Republic of Mauritius

TABLE OF CONTENTS.

CHAPTER 1: WATER GOVERNANCE OVERVIEW ...... 4 A- Preliminary questions: ...... 4 B- The country is member of a regional integration organisation? ...... 5 C- Water governance and administration: ...... 8 CHAPTER 2: INTERNATIONAL AND REGIONAL TREATIES ...... 10 A. Regional Multilateral/Bilateral Treaties ...... 10 B. International Treaties ...... 12 Table 3. ILO conventions ...... 15 C. Regional/Africa ...... 16 D. Transboundary freshwater resources agreements ...... 17 CHAPTER 3: DOMESTIC LEGISLATION ON WATER ...... 18 A-Water law ...... 18 B. Extraction and/or use of water ...... 20 CHAPTER 4: THE HUMAN RIGHTS TO WATER AND SANITATION: ...... 22 A. Availability and accessibility ...... 22 B. Quality and safety ...... 23 C. Water pollution control ...... 25 D. Affordability...... 26 E. Acceptability ...... 27 F. Non-discrimination, equality, and universal access ...... 27 G. Right to information...... 28 H. Public participation ...... 29 I-Sustainability ...... 30 CHAPTER 5: JUDICIARY SYSTEM ...... 32 A. Preliminary questions ...... 32 B. Remedies and complaint procedures/accountability ...... 32 C. National human rights institutions ...... 37 D. Regulation ...... 38 Annex 1: ...... 40 Annex 2 ...... 41 Annex 3 ...... 42

LEGAL COUNTRY MAPPING, Republic of Mauritius

Republic of Mauritius Country Mapping

100%JMP Update 2017 Water and Sanitation Status

50%

Surface 0% Water/ Open Defe…

General Legislation

Member of a regional integration organisation yes State organisation Parliamentary Relationship between International and National Law Dualist Supreme Law Constitution Independent National Human Rights Institution (NHRI) Yes Name of Institution possessing regulation-making authority Any Popular consultation as part of governing/legislative process Yes

Water Governance

Right to Water or Sanitation mentioned in Constitution no A water code or a law specific to water resources yes National Strategy, Policy, Action Plan etc. on Water and Sanitation yes Transboundary Water Resources yes Priorities in the allocation of water for different uses yes Legal Framework Criterion Principles

Non- Quality and Access to Public Availability Acceptability discrimination, Safety Equality Information Participation

Affordability Accessibility Accountability Sustainability

3 Partially Mostly included Deficient included LEGAL COUNTRY MAPPING, Republic of Mauritius CHAPTER 1: WATER GOVERNANCE OVERVIEW

A- Preliminary questions: and/or one Vice Prime Minister. The Executive branch being with the Cabinet have 4 most powerful executive offices, 1. What type of State is the country? Prime Minister, Deputy Prime Minister (e.g. Federal, Unitary, etc.) and 2 offices of Vice Prime Minister. They have the executive power and authority Mauritius corresponds to a Unitary State over the cabinet and help the Prime operating under the parliamentary republic Minister in his tasks and responsibilities. regime. (Art 1 Constitution). It is considered as a (Chapter VI Constitution). sovereign democratic State and guarantees fundamental rights to its citizens. - Judicial Branch : Mauritian law is an amalgam of French and British legal 2. Does division of government powers exist? traditions. The Supreme Court—a chief If yes, please elaborate on their functions. justice and five other judges—is the highest local judicial authority. There is an Yes, Mauritius clearly establishes the separation additional higher right of appeal to the of Government powers. Within this division we Judicial Committee of the Privy Council. can find 3 functions that form the 3 branches of Members of the Judicial Committee of the Government of Mauritius, namely the the Privy Council have been in Mauritius legislative, the executive and the judiciary. since the end of 2008, as part of a plan to (Chapters V, VI and VII Constitution) lower the costs of appeal. (Chapter VII - Legislative Branch: The president and vice Constitution). president are elected by the National 3. Which institutions and levels of government Assembly for five-year terms. They form part along with the Speaker of the have legislative powers? National Assembly, the legislative offices In the Republic of Mauritius, the legislative which under the constitution have the final decision and last word on any power is shared between the President the Vice legislative matter including the laws of President and the National Assembly. (Art 31 Mauritius. Most of the work is executed Constitution). The legislative power is also by the Executive Branch which consists of shared with the Cabinet of Ministers, the Leader the Cabinet of Ministers, Leader of the of the Opposition, and other members of the Opposition and also other members of parliament. (Art 61 and 73 Constitution). the parliament. (Chapter V Constitution).

- Executive Branch: Another important 4. Who has the power to ratify treaties? structure of the government of Mauritius The Mauritian Ministry of Foreign Affairs, is the executive branch. The Prime Regional Integration and International Trade has Minister is appointed by the president the power to ratify treaties. Some on their and is responsible to the National responsibilities imply the ratification of bilateral, Assembly. The Council of Ministers is regional, or international conventions. appointed by the president on the recommendation of the prime minister. Indeed, the Ministry of Foreign Affairs in The Council of Ministers (cabinet), Mauritius has as responsibilities the following: responsible for the direction and control of the government, consists of the prime - Ensure that the sovereignty and territorial minister (head of government), the integrity of Mauritius are safeguarded in leader of the majority party in the all international fora legislature, and about 24 ministers - Conduct our foreign policy with a view to including one Deputy Prime Minister 4

LEGAL COUNTRY MAPPING, Republic of Mauritius

promoting and safeguarding the interest exist, is there an established international of Mauritius institution for basin management? Does it have any responsibility in relation to - Deal with all matters pertaining to the drinking water? conduct and administration of foreign affairs, regional integration, and No information. international trade, including all trade and trade-related matters, patents, and B- The country is member of a trademarks regional integration organisation?

- Act as the focal point of government in its The Republic of Mauritius forms part of the interaction with foreign governments, regional integration organisation which is the regional and international organisations African Union (AU).The main objectives of the - Raise awareness of the benefits to be OAU were to rid the continent of the remaining derived from bilateral, regional, and vestiges of colonisation and apartheid; to international instruments promote unity and solidarity amongst African States; to coordinate and intensify cooperation - Act as the depositary of all bilateral, for development; to safeguard the sovereignty regional and international treaties, and territorial integrity of Member States and to conventions, protocols and agreements promote international cooperation.

- Provide consular service and assistance as It is also a member of the Indian Ocean appropriate. (Part « Our Responsibilities » Commission (IOC), the Common Market for of the Customer Charter of Ministry of Eastern and Southern Africa (COMESA) which the Foreign Affairs, Regional Integration, and objective is to support the sustainable growth in International Trade). the Western Indian Ocean Islands through the regional integration. The regional integration 5. Is there popular consultation as part of organisation acts in some key activity areas as governing/legislative process? the regional trade and tourism promotion, the environmental protection, and the cultural Yes. There is a popular consultation as part of the heritage encouragement. governing and legislative process, but it stays marginal. Indeed, the procedure of the The Mauritian country is also part of the referendum exists in the Mauritian State and is Southern African Development Community embedded in the national Constitution for a (SADC) and the Indian Ocean Rim Association unique process which is the amendment of the (IORA). The first one has as principle goals to constitutional text. (Art 47 Constitution). achieve economic development, peace and security, and growth, alleviate poverty, enhance 6. Has the country established a basin the standard and quality of life of the peoples of management agency? Is it autonomous? Southern Africa, and support the socially No Information found disadvantaged through Regional Integration. These objectives are to be achieved through 7. Does the country have transboundary increased Regional Integration, built on water resources? democratic principles, and equitable and sustainable development. Concerning the Yes. Mauritius has transboundary water second one it was created to promote resources thanks to its geographical features. sustainable growth and balanced development Generally, the transboundary basin areas have of the region and member states, to focus on an operational arrangement for water those areas of economic cooperation which cooperation in Mauritius to manage these provide maximum opportunities for places. development, shared interest and mutual benefits and to promote liberalisation, remove

8. Where transboundary water resources impediments and lower barriers towards a freer 5

LEGAL COUNTRY MAPPING, Republic of Mauritius and enhanced flow of goods, services, Netherlands Antilles, Puerto Rico, Saint investment, and technology within the Indian Kitts and Nevis, Saint Lucia, Saint Vincent Ocean rim. and the Grenadines, Suriname, Trinidad and Tobago, United States Virgin Islands Finally, the Mauritian Republic has joined in the Small Island Developing States group (SIDS) - Pacific : American Samoa, Cook Islands, where it is very active, especially on subjects Federated States of Micronesia, Fiji, which deal with climate change and risk French Polynesia, Guam, Kiribati, reduction. Marshall Islands, Nauru, New Caledonia, Niue, Northern Mariana Islands, Palau, 1. Which countries form part of this Papua New Guinea, Samoa, Solomon organisation? Islands, Timor-Leste, Tonga, Tuvalu, Vanuatu The African Union is composed of 55 States : Algeria, Angola, Benin, Botswana, Burkina Faso, - Africa, Indian Ocean, Mediterranean and Burundi, Cameroon, Cabo Verde, Central African South China Sea (AIS): Bahrain, Cabo Republic, Chad, Comoros, Congo, the Democratic Verde, Comoros, Guinea-Bissau, Republic of Congo, Cote d’Ivoire, Djibouti, Maldives, Mauritius, São Tomé and Equatorial Guinea, Egypt, Eritrea, Ethiopia, Príncipe, Seychelles, Singapore. Gabon, Gambia, Ghana, Guinea, Guinea-Bissau. Kenya, the Kingdom of Lesotho, Liberia, Libya, The 16 Member States of the Southern African Madagascar, Malawi, Mali, Mauritania, Development Community are: Angola, Mauritius, Morocco, Mozambique, Namibia, Botswana, Comoros, Democratic Republic of Niger, Nigeria, Rwanda, Saharawi Arab Congo, Eswatini, Lesotho, Madagascar, Malawi, Democratic Republic, Sao Tome and Principe, Mauritius, Mozambique, Namibia, Seychelles, Senegal, Seychelles, Sierra Leone, Somalia, South South Africa, United Republic of Tanzania, Africa, South Sudan, Sudan, Kingdom of Zambia, and Zimbabwe. Swaziland, Tanzania, Togo, Tunisia, Uganda, Zambia and Zimbabwe. Finally, concerning the Indian Ocean Rim Association (IORA), there are 14 Member The Indian Ocean Commission is composed of 5 countries which are : From its inception with 14 countries: Comoros, Madagascar, Mauritius, member states, the membership has expanded Réunion (France), Seychelles. There are also to 22 countries: Australia, Bangladesh, the seven observers: China, India, Japan, the Comoros, India, Indonesia, Iran, Kenya, Sovereign Order of Malta, the European Union, Madagascar, Malaysia, Maldives, Mauritius, “La Organisation internationale de la Mozambique, Oman, Seychelles, Singapore, Francophonie”, and the United Nations. Somalia, South Africa, Sri Lanka, Tanzania, Thailand, the United Arab Emirates and The Common Market for Eastern and Southern Yemen. IORA has also 10 dialogue partners: Africa is made up of 21 Member States : Djibouti, China, Egypt, France, Germany, Italy, Japan, Eritrea, Ethiopia, Somalia, Egypt, Libya, Sudan, Turkey, the Republic of Korea, the United Tunisia, Comoros, Madagascar, Mauritius, Kingdom, and the United States of America. Seychelles, Burundi, Kenya, Malawi, Rwanda, Uganda, Eswatini, Zambia, Zimbabwe, Democratic Republic of the Congo. 2. Are the decisions of the organisation Then, the collective Small Island Developing binding for the members? States (SIDS) is made up of 58 States: Yes. The decisions taken by the institutions of the - Caribbean : Anguilla, Antigua and African Union may be mandatory. Barbuda, Aruba, Bahamas, Barbados, Belize, British Virgin Islands, Cuba, Indeed, if a country of the African Union fails to Dominica, Dominican Republic, Grenada, meet the obligations provided by the Guyana, Haiti, Jamaica, Montserrat, organisation, they expose themselves to 6

LEGAL COUNTRY MAPPING, Republic of Mauritius sanctions. (Art 23 Constitutive Act of the African - to promote joint development in all fields Union: Sanctions in case of fails to comply with of economic activity and the joint the decisions and policies of the Union from any adoption of macro-economic policies and Member State). programmes to raise the standard of living of its peoples and to foster closer relations Concerning the Common Market for Eastern and among its Member States Southern Africa its decision are also binding and the Member States who do not fulfil their - to co-operate in the creation of an obligations can be sanctioned (Article 171 of the enabling environment for foreign, cross Treaty establishing a Common Market for border and domestic investment including Eastern and Southern Africa (COMESA)). the joint promotion of research and adaptation of science and technology for Concerning the Southern African Development development Community, it is important to note that its decision is also binding. Indeed « Unless - to co-operate in the promotion of peace, otherwise provided in this Treaty, the decisions of security, and stability among the Member the Summit shall be taken by consensus and shall States to enhance economic development be binding. », « The decisions of the Tribunal shall in the region be final and binding ». (Art 10.9 and Art 16.5 of the Consolidated text of the treaty of the - to co-operate in strengthening the Southern African Development Community). relations between the Common Market and the rest of the world and the adoption However, the Executive Secretary can make of common positions in international fora; some consultations which are not binding but and only indicative. (Art 15.1 a) of the Consolidated text of the treaty of the Southern African - to contribute towards the establishment, Development Community). progress, and the realization of the objectives of the African Economic 3. What is the mandate of the organisation? Community.

The mandate of the African Union is based on 4. Does the regional organisation have the several purposes which are promoting the unity authority to regulate or make decisions, and solidarity of the African States, coordinating which affect water and sanitation? and intensifying their cooperation and efforts to achieve a better life for the peoples of Africa, Yes, the African Union has the authority to defending their sovereignty, their territorial regulate or take decisions which affect water and integrity and independence by eradicating all sanitation. Water resources and irrigation are forms of colonialism from Africa and promoting part of the functions of the Executive Council. international cooperation, within the framework (Art 13 Constitutive Act of African Union). of the United Nations. (Art 3. Constitutive Act of The Indian Ocean Commission also has a the African Union). competence in the fields of water and sanitation The Common Market for Eastern and Southern (Art III Request for expressions of interest for the Africa (COMESA) are resumed in the article 3 of selection of an Individual Consultant for the Treaty establishing a Common Market for consultancy for the preparation of a sensitization Eastern and Southern Africa (COMESA). These strategy and a communication plan for the one are : reduction of use of plastics to promote circular economy, and to fight against marine pollution, - to attain sustainable growth and in the AIODIS.). development of the Member States by promoting a more balanced and The collective Small Island Developing States harmonious development of its (SIDS) has also an impact on water and sanitation production and marketing structures (Article Disaster-Risk, Water Security Challenges and Strategies in Small Island Developing States

LEGAL COUNTRY MAPPING, Republic of Mauritius

(SIDS) of 2019 of Jana Gheuns, Nidhi Nagabhatla, On the other hand, the Irrigation Authority Duminda Perera. (IA), under Ministry of Agro-Industry and Food Security, is responsible for government Concerning the Common Market for Eastern and supported irrigation schemes. (Irrigation Southern Africa (COMESA) has competence in Authority Act of 1979). these fields relating to water and sanitation. (Art 89 of the Treaty establishing a Common Market Finally, Wastewater Management Authority for Eastern and Southern Africa (COMESA)). (WMA), responsible for managing wastewater in sewered areas. (Wastewater The mandate of the Indian Ocean Rim Management Authority Act of 2000). Association arena a certain extent :to promote sustainable growth and balanced development 2. Which government ministries/agencies are of the region and member states, to focus on directly or indirectly involved in governance those areas of economic cooperation which of water and sanitation? provide maximum opportunities for development, shared interest and mutual The Ministry of Energy and Public Utilities is in benefits, and to promote liberalisation, remove charge of the governance of water and sanitation impediments and lower barriers towards a freer by managing the Water Resources Unit which and enhanced flow of goods, services, operates within the Ministry and is responsible investment, and technology within the Indian for implementation of water mobilization Ocean rim. (Art 3 of the Charter of the Indian projects and which is responsible for the Ocean Rim Association (IORA)). assessment, development, management and conservation of water resources in the Republic Concerning the Southern African Development of Mauritius. Community, its main objective are to achieve economic development, peace and security, and Actually, the main activities of this ministry is to growth, alleviate poverty, enhance the standard « revolve around the formulation of policies and and quality of life of the peoples of Southern strategies in the energy, water and wastewater Africa, and support the socially disadvantaged sectors and the establishment of a responsive through Regional Integration. These objectives legal framework to govern the development of are to be achieved through increased Regional these sectors. » (Part « The Ministry » of the Integration, built on democratic principles, and Customer Charter of the Ministry of Energy and equitable and sustainable development. Public Utilities).

Finally concerning the Indian Ocean Commission 3. Which agency is responsible for drinking its mandate is to promote sustainable water? What are its responsibilities? development of its members that share the same In the Mauritian Republic, the body responsible geographical position, history, culture, etc… for drinking water is the Central Water Authority C- Water governance and (CWA). the CWA is considered as being administration: responsible for the control, development and conservation of Water Resources and the

Treatment and Distribution of water to domestic, 1. What is the structure of the government industrial, and commercial purposes throughout water administration (provide relevant Mauritius. It is also responsible for water organizational charts whenever available) resources administration and the treatment as and what power, role and responsibilities well as the distribution of potable water for does the Government have at each level? domestic, commercial, and industrial usage. On the one hand, The Central Water (Part IV Central Water Authority Act) Authority (CWA) is responsible for potable 4. Which agency is responsible for sanitation? water distribution, and to a certain extent, What are its responsibilities? the management of water supply infrastructure. (Central Water Authority Act The agency responsible for sanitation in of 1971) 8

LEGAL COUNTRY MAPPING, Republic of Mauritius

Mauritius is the Wastewater Management collection, treatment, and disposal of Authority (WMA). It is responsible for wastewater throughout Mauritius. (Part II the responsible for all matters relating to the Wastewater Management Authority Act).

LEGAL COUNTRY MAPPING, Republic of Mauritius CHAPTER 2: INTERNATIONAL AND REGIONAL TREATIES

1. Has the country ratified the following international or regional treaties and declarations? Please insert the date of the signature/ratification/accession.

2. Has the country made any declaration or reservation to the following instruments?

A. Regional Multilateral/Bilateral Treaties

Table 1.a Regional multilateral and bilateral treaties1

Instrument Countries Entry into force General Cooperation Agreement 5 member states: Comoros, Mauritius, 10/01/1984 of Victoria (IOC) France (Reunion), Madagascar and Seychelles.

Southern African Development 16 member states: Angola, Botswana, 28/08/1995 Community Treaty (SADC) Comoros, Democratic Republic of the Congo, Eswatini, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Tanzania, Zambia, Zimbabwe Treaty on the Common market for 21 member states: Djibouti, Eritrea, 21/12/1981 Eastern and Southern Africa Ethiopia, Somalia, Egypt, Libya, Sudan, (COMESA) Tunisia, Comoros, Madagascar, Mauritius, Seychelles, Burundi, Kenya, Malawi, Rwanda, Uganda, Eswatini, Zambia, Zimbabwe, Democratic Republic of the Congo

LEGAL COUNTRY MAPPING, Republic of Mauritius

Instrument Countries Entry into force Charter of the Indian-Ocean Rim 22 member states : Australia, 06/03/1997 Association (IORA) Bangladesh, Comoros, India, Indonesia, Iran, Kenya, Madagascar, Malaysia, Maldives, Mauritius, Somalia, Mozambique, Oman, Seychelles, Singapore, South Africa, Sri Lanka, Tanzania, Thailand, United Arab Emirates, Yemen 10 dialogue partners: China, Egypt, France, Germany, Italy, Japan, United Kingdom, United States, Turkey and South Africa

Table 1.b. Bilateral Agreements entered into by “ACTO” Instrument Participating Signature States Trade and Investment Framework Agreement Mauritius and United 18/09/2006 (TIFA) States

Free Trade Agreement (FTA) Mauritius and Turkey 09/09/2011

The Preferential Trade Area (PTA) Mauritius and 30/07/2007 Pakistan

LEGAL COUNTRY MAPPING, Republic of Mauritius B. International Treaties

Table 2. International binding instruments

Instruments Signature Ratification (dd/mm/yyyy) (dd/mm/yyyy) International Covenant on Civil and Political No. Accession : Rights (1966) Reservation/Declaration: 12/12/1973

Optional Protocol to the International Covenant on Civil and No. Accession: Political 12/12/1973 Rights (1966) Reservation/D eclaration: International Covenant on Economic, Social and Cultural No. Accession: Rights 12/12/1973 (1966) Reservation/Declaration: Optional Protocol to the International Covenant on No. No. Economic, Social and Cultural Rights (2008) Reservation/Declara tion: Convention on the Elimination of All Forms of Discrimination No. Accession: against Women (1979) 09/07/1984

Reservation/Declaration:

« The Government of Mauritius does not consider itself bound by paragraph 1 of article 29 of the Convention, in pursuance of paragraph 2 of article 29. »

Optional Protocol to the Convention on the Elimination of All 11/11/2001 30/10/2008 Forms of Discrimination against Women (1999) Reservation/Declaration: Convention on the Rights of the Child (1989) No. Accession : Reservation/Declaration: 26/07/1990

On 4 June 2008, the Government of the Republic of Mauritius informed the Secretary-General that it had decided to withdraw the reservation made upon accession in respect to article 22 of the Convention. The text of the reservation reads as follows: "[Mauritius] having considered the Convention, hereby accedes to it with express reservation with regard to Article 22 of the said Convention."

LEGAL COUNTRY MAPPING, Republic of Mauritius

Optional Protocol to the Convention on the Rights of the 11/10/2001 12/02/2009 Child on the involvement of children in armed conflict (2000) Reservation/Declaration : “The Government of the Republic of Mauritius declares, in accordance with article 3 (2) of the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, that the minimum age for voluntary recruitment of persons into its paramilitary force is 18 years.” Optional Protocol to the Convention on the Rights of the 11/10/2001 14/06/2011 Child on the sale of children, child prostitution and child pornography (2000) Reservation/Declaration: Optional Protocol to the Convention on the Rights of the 13/08/2012 No. Child on a communications procedure (2011) Reservation/Declaration: The Convention on the Rights of Persons with Disabilities 25/09/2007 08/01/2010 (2006) Reservation/Declaration:

Reservation made upon signature:

« The Government of the Republic of Mauritius makes the following reservations in relation to Article 11 of the United Nations Convention on the Rights of Persons with Disabilities which pertains to situations of risk and humanitarian emergencies. The Government of Mauritius signs the present Convention subject to the reservation that it does not consider itself bound to take measures specified in article 11 unless permitted by domestic legislation expressly providing for the taking of such measures. »

Reservations:

“The Republic of Mauritius declares that it shall not for the time being take any of the measures provided for in Articles 9.2 (d) and (e) in view of their heavy financial implication. With regard to Article 24.2 (b), the Republic of Mauritius has a policy of inclusive education which is being implemented incrementally alongside special education.” Optional Protocol to the Convention on the Rights of Persons 25/09/2007 No. with Disabilities (2006) Reservation/ Declaration: Convention against Torture and Other Cruel, Inhuman or No. Accession : Degrading 09/12/1992 Treatment or Punishment (1984) Reservation/Declaration:

LEGAL COUNTRY MAPPING, Republic of Mauritius

Optional Protocol to the Convention against Torture and No. Accession : Other Cruel, Inhuman or Degrading Treatment or 21/06/2005 Punishment (2002) Reservation/Declaration: Convention on Access to Information, Public Participation in No. No. Decision-Making and Access to Justice in Environmental Matters (1998) Reservation/Declaration: Geneva Convention (III) relative to the Treatment of No. Succession: Prisoners of War 12/03/1968 (1949) Reservation/Declaration: Geneva Convention (IV) relative to the protection of Civilian No. Succession : Persons in 12/03/1968 Time of War (1949) Reservation/Declaration: Protocol Additional (I) to the Geneva Conventions relating to No. Accession : the 22/09/1981 Protection of Victims of International Armed Conflict (1977) Reservation/Declaration: Protocol Additional (II) to the Geneva Conventions relating No. Accession : to the 22/09/1982 Protection of Victims of Non-International Armed Conflicts (1977) Reservation/ Declaration: Convention on the Law of the Non-Navigational Uses of No. No. International Watercourse s (1997) Reservation/ Declaration: International Convention on the Elimination of All Forms of No. Accession : Racial Discrimination (1966) 30/05/1972 Reservation/ Declaration: Convention on the Prevention and Punishment of the Crime No. Accession : of Genocide (1948) 08/07/2019 Reservation/Declaration: International Convention against Apartheid in Sports No. Accession : (1985) 26/06/1990 Reservation/Declaration:

LEGAL COUNTRY MAPPING, Republic of Mauritius Table 3. ILO conventions

Instruments Ratification Discrimination (Employment and Occupation) Convention (No. 111) 18/12/2002 (1958) Reservation/Declaration

Equality of Treatment (Accident Compensation) Convention, (No. 19) 02/12/1969 (1925) Reservation/Declaration

Migration for Employment Convention (Revised),(No. 97) (1949) 02/12/196

Reservation/Declaration : Has excluded the provisions of Annexes I to III

Occupational Safety and Health Convention, (No. 155) (1981) 25/07/2014 Reservation/Declaration :

Workers with Family Responsibilities Convention, (No. 156)(1981) 05/04/2004 Reservation/Declaration :

Vocational Rehabilitation and Employment (Disabled Persons) 02/12/1969 Convention, (No. 159) (1983) Reservation/Declaration :

Maternity Protection Convention, (No. 183)(2000) 13/06/2019

Maritime Labour Convention,(MLC, 2006)(2006) 30/05/2014 Reservation/Declaration :

Amendments of 2016 to the MLC, 2006 : 08/01/2019 Amendments of 2016 to the MLC, 2006 : 08/01/2019 Promotional Framework for Occupational Safety and Health Convention, 23/11/2011 (No. 187)(2006) Reservation/Declaration :

Domestic Workers Convention, (No. 189) (2011) 25/07/2014 Reservation/Declaration :

LEGAL COUNTRY MAPPING, Republic of Mauritius C. Regional/Africa

Table 4. Instruments open for ratifications in the Americas

Instruments Signature Ratification African Charter on Human and Peoples’ Rights (1981) 27/02/199 19/06/1992 Reservation/Declaration: 2

Protocol to the African Charter on Human and Peoples’ 09/06/199 03/03/2003 Rights on the establishment of an African Court on Human 8 and Peoples’ Rights (1998) Reservation/Declaration:

African rehabilitation institute (ARI) (1985) No 02/10/1987 Reservation/Declaration:

African Charter on the Rights and Welfare of the Child 07/11/199 14/02/1992 (1990) 1 Reservation/Declaration:

Protocol on the Statute of the Court of the African Union 16/12/200 23/02/2004 (2003) 3 Reservation/Declaration (2003):

Protocol on the Stature of the African Court of Justice and No. No. Human Rights (2008) Reservation/Declaration

Protocol on Amendments to the Protocol on the Statute of No. No. the African Court of Justice and Human Rights (2014) Reservation/Declaration

Statute on the Establishment of Legal Aid Fund for the No. No. African Union Human Rights (2016) Reservation/Declaration

LEGAL COUNTRY MAPPING, Republic of Mauritius D. Transboundary freshwater resources agreements

1. Has the country agreed to any international poverty alleviation » convention or treaty regulating the uses of its transboundary watercourses? Please This protocol is bearing in mind the Helsinki Rules specify. on uses of the waters of International Rivers and the work of the International Law Commission on Mauritius agreed the uses of its transboundary the non-navigational uses of international watercourses through international convention watercourses. and treaties. Moreover, is recognizing the relevant provisions Indeed, the Revised Protocol on Shared of Agenda 21 of the United Nations Conference Watercourse Systems in the Southern African on Environment and Development, the concepts Development Community (SADC) of 7 August of environmentally sound management, 2000 is an international instrument with which sustainable development and equitable Mauritius negotiates the use of such utilisation of shared watercourse systems in the transboundary watercourses. . SADC Region. Then, is considering the existing and emerging socio-economic development The SADC views water management as a pivotal programs in the SADC region and their impact on instrument for promoting peace in the Southern the environment and it is desirous of developing African region through transboundary and close cooperation for judicious and coordinated regional cooperation and harmonisation of utilisation of the resources of the shared legislation, policies, and strategies. The SADC watercourse systems in the SADC region. Water Division, part of the Infrastructure and Services Directorate, addresses water resources Finally, this regional convention is convinced of management issues through the Revised the need for coordinated and environmentally Protocol on Shared Watercourses (2000), the sound development of the resources of shared Regional Water Strategy (2006) and a series of watercourse systems in the SADC region to Regional Strategic Action Plans for the Water support sustainable socio-economic Sector. SADC is active in supporting Member development. It would be relevant to understand States to address the challenges of water also that this act recognizes that there are as yet resources management, particularly those of a no regional conventions regulating common transboundary nature. In turn, SADC also utilisation and management of the resources of receives considerable support from its shared watercourse systems in the SADC region International Cooperating Partners. (Article 2 and that is mindful of the existence of other Protocol on Shared Watercourses in the Agreements in the SADC region regarding the Southern African Development Community Common utilisation of certain watercourses. (SADC)). (PREAMBLE Revised Protocol on Shared Watercourses in the Southern African 2. If so, what are the norms in those Development Community of 2000). agreements, regulating access to water and/ or sanitation, if any? 3. Do those agreements adopt an integrated water resources management approach to The articles 2 and 3 of the Revised Protocol on water governance? Please specify which Shared Watercourse Systems in the Southern norm. African Development Community (SADC) regulate the access to water and sanitation. Yes. the Revised Protocol on Shared Indeed, this protocol specified that « the overall Watercourse Systems in the Southern objective of this Protocol is to foster closer African Development Community (SADC) cooperation for judicious, sustainable and adopt an integrated water governance as it is coordinated management, protection and evoked in the article 3.3 directed by the utilisation of shared watercourses and advance Water Resources Technical Committee as the SADC agenda of regional integration and mentioned in the article 5.2.d). This norm 17

LEGAL COUNTRY MAPPING, Republic of Mauritius

specified that « State Parties undertake to respect the existing rules of customary or general international law relating to the utilisation and management of the resources

of shared watercourses ».

CHAPTER 3: DOMESTIC LEGISLATION ON WATER

A-Water law to ensure the proper implementation of governmental policies and enforcement provisions necessary for the protection of human 1. Is the right to water or the right to health and the environment of Mauritius. sanitation mentioned in the Constitution? 4. Is there national strategy / policy, action No. The right to water or the right to sanitation plan or similar document on water? are not mentioned in the Mauritian Constitution. The public powers in Mauritius have drafted the 2. Does the Constitution otherwise reference Mauritius National Water Policy (NWP) which is water and sanitation? based on Government socio-economic policies Yes. The Mauritian Constitution makes reference and development strategies, as well as national to water under the aspect of the protection from objectives and targets defined for the water and deprivation of property by explaining that « sanitation sectors. The NWP was established by Nothing in this section shall affect the making or the Ministry of Energy and Public Utilities in July the operation of any law so far as it provides for 2014. the vesting in the state of the ownership of Moreover, the Mauritian Ministry of Agro- underground water or unextracted minerals. » Industry and Food Security Mahen Kumar (Art 8 Constitution). Seeruttun has adopted in May 2017 the National 3. Is there a water code or a law specific to Biodiversity Strategy and Action Plan 2017-2025. water resources? Please specify. In the Mauritian national policy on water we can Yes. In Mauritius it exists a law specific to water find other documents such as the Central Water resources which is the Environment Protection Authority Act (1971). This Act establishes the Act. It was adopted in 2002 and corresponds to Central Water Authority, defines its functions an Act to provide for the protection and and powers, contains rules relative to its internal management of the environmental assets of organization and prohibits the construct Mauritius so that their capacity to sustain the waterworks without the permission of the society and its development remains unimpaired Authority and the discharge of polluted water and to foster harmony between quality of life, into any canal, river, stream, lake, reservoir or environmental protection and sustainable lagoon. development for the present and future There is also the Environment Protection Act generations; more specifically to provide for the (2002) and the Ground Water Act (1970). The legal framework and the mechanism to protect Ground Water Act provides general rules for the the natural environment, to plan for abstraction of ground water (as defined). It environmental management and to coordinate declares all ground water to vest in the State and the inter-relations of environmental issues, and 18

LEGAL COUNTRY MAPPING, Republic of Mauritius prescribes that no person shall: a) abstract, The Local Government Act (2011) is important divert, obstruct, measure or use any ground there also. In Mauritius, it provides the legislative water; or (b) construct or erect any works in or framework for a democratic, efficient, effective, over any ground water, unless he or she has inclusive, and accountable system of local obtained a license under this Act. It also declares government permitting local communities to alteration of the composition or quality of manage autonomously, through elected local ground water that it is likely to cause injury to authorities, the economic and social well-being any person, animal or plant using such water, he of their areas. or she shall commit an offence. At the environment level the national strategy We can cite here also the Irrigation Authority Act and policy is established by the Forest and (1978). The text of the Act consists of (inter alia) Reserves Act (1983) and the Fisheries and Marine the following sections: Establishment of the Resources Act (2007). The first one is a law to Authority (sect. 3); Objects of the Authority (sect. amend and consolidate the law relating to 4); Powers of the Minister (sect. 5); The Board forests, reserves, and related matters. (sect. 6); General Manager (sect. 8); General Concerning the second one is an Act to amend Fund (sect. 12); Irrigation Areas (sect. 14); and consolidate the law relating to the Preparation of Irrigation Projects (sect. 15); management, conservation, protection of Implementation of Irrigation Projects (sect. 16); fisheries and marine resources and protection of Compulsory Acquisition of Land (sect. 18); the marine ecosystems. Irrigation due in favor of the Authority (sect. 19); 5. Are there any other major regulations, Privilege to Secure Pay. decrees, orders, circulars, or similar official Another document that can be useful there is the documents (such as pricing, water policing, utility easements, public domain Planning and Development Act (2004) which is occupation…etc.) related to the rights to an Act to modernise town and country planning water and sanitation? and make comprehensive provision with respect to land use planning and development in Yes. In the Republic of Mauritius, it exists others Mauritius. Public Health Act (1925) can also be major acts and regulations related to the right to water such as the Ground Water act of 1969. It considered as one of those documents. corresponds to an act which provides general The Rivers and Canals Act (1863) help also to rules for the abstraction of ground water. It declares all ground water to vest in the State and establish a national strategy and policy on water. prescribes that no person shall: a) abstract, It is An Act to regulate the drawing of water of divert, obstruct, measure or use any ground rivers and canals and the conservation of water water; or (b) construct or erect any works in or resources with 99 articles. The 99 articles are over any ground water, unless he or she has divided into 3 Parts: Rivers (I); Canals (II); General obtained a license under this Act. It also declares Provisions (III). alteration of the composition or quality of ground water that it is likely to cause injury to There is also the Wastewater Management any person, animal, or plant Authority Act (2000). This Act establishes the the Ground Water Regulations of 2011, which Wastewater Management Authority, defines its are made by the Central Water Board with the functions, and powers, contains rules relative to approval of the Minister under section 16 of the its internal organization and contains some Ground Water Act, provide rules for the provisions regarding the discharge of effluent or abstraction and use of groundwater and the wastewater, drains, sewers, and other works for metering of water used by the Central Water Authority, can be mentioned related to the rights the discharge of water. to water. 19

LEGAL COUNTRY MAPPING, Republic of Mauritius

The Central Water Authority (Census of Water Yes. In Mauritius, the legislation regulates the Rights) Regulations of 2013 are also important right to abstract water. there. These Regulations, made by the Central Water Board under section 49 of the Central Indeed, the Ground Water Regulations of 2011, Water Authority Act, make provision with which was made by the Central Water Board with respect to a census of water rights, i.e. the right the approval of the Minister under section 16 of to draw water from any river, stream, canal or the Ground Water Act, provides rules for the spring, under Part I or II of the Rivers and Canals abstraction and use of groundwater and the Act. Every person who has or claims to have a metering of water used by the Central Water water right shall fill in the form set out in the Authority by regulating this right. (Art 3 of the Schedule and submit it, together with copies of Ground Water Regulations of 2011). all documents specified in the form, to the 2. Does the legislation distinguish between Central Water Authority. the extraction of drinking water and water Concerning the sanitation, it is regulated through for other uses? 3 other major act which are the Utility Regulatory Yes. The law of the Mauritian Republic Authority Act of 2004, the Utility Regulatory distinguishes between the extradition for Authority Act of 2008 (amended version) as well agricultural, for industrial and for domestic as the Regulatory Authorities Appeal Tribunal Act purposes. These Regulations made by the of 2005. Central Water Authority under section 16 of the The first act provides for the establishment as a Ground Water Act 1969 specifies that: body corporate of a public body denominated « Use of ground water for agricultural purposes » the Utility Regulatory Authority, which shall carry means the use of ground water for the purpose out such regulatory functions as may be assigned of agriculture including irrigation, breeding of to it under this Act or a relevant utility legislation. livestock, poultry rearing and camaron hatchery. The Authority shall principally regulate, control and supervise utility services as specified (Part B « Use of ground water for domestic purposes » of the First Schedule Utility Regulatory Authority means the use of ground water for drinking, Act). washing, or cooking or for any other purpose of domestic life. Finally, concerning the Regulatory Authorities Appeal Tribunal Act of 2005, it establishes the « Use of ground water for industrial purposes » Regulatory Authorities Appeal Tribunal under means the use of ground water for the purpose section 3 and defines its jurisdiction in section 6. of manufacturing goods. (Ground Water The Act further makes provision with respect to Regulations 1973). » (Art 2 Ground Water proceedings of the Tribunal and appeal against Regulations of 1973). decisions of the Tribunal and defines regulation- making powers of the Attorney General for the Moreover, theses Mauritian regulations say that purposes of this Act. As for the jurisdiction of the « Every licensee shall pay: Tribunal, it shall hear and dispose of any appeal against a decision of a regulatory authority in (a) in respect of the use of ground water for respect of its functions under the relevant agricultural, domestic or Regulatory Authorities Act. On the basis one of industrial purposes, the annual licence fee those Acts, the Tribunal shall hear appeals in the specified in paragraph 1 of the Fourth Schedule. field of supply of water and electricity. (b) in respect of the use of ground water for B. Extraction and/or use of water agricultural or industrial purposes, the monthly charge specified in paragraph 2 of the Fourth 1. Does the legislation regulate the right to Schedule. » and that show that the extraction of abstract water? (surface, groundwater, drinking water and the extraction of water for etc.)? other use are distinguished in the Mauritian legislation. 20

LEGAL COUNTRY MAPPING, Republic of Mauritius

In the legislation of Mauritius, even the annual proprietor by whom they were licence fee and the monthly charges are different constructed. if it concerns the drinking water or the use of water for industrial or agricultural uses. (FOURTH - No compensation shall be due to either SCHEDULE (regulation 5)). party under subsection.

- Where the right to use the works in common is not claimed until after they 3. Is the right to use water connected to land have been commenced, the party making ownership? the claim shall be liable to bear any additional expense that may arise from Yes. The right to use water is connected to land any alteration made in the works, to apply ownership. In the Mauritian legislation it is them towards the irrigation of his land. » specified that: (Art 20 Rivers and Canals Act)

- « Any proprietor who wishes to have any 4. Are permits/licenses required for water use water, which he has a right to use or (e.g. domestic, agricultural, and industrial)? dispose of, brought to his land for any purpose, may have the water taken Yes. Permits and licenses are required for through intermediate lands, with the domestic, agricultural or water use. (Ground authority of the Supreme Court, and upon Water Regulations 1973, Environment payment of a fair compensation to be Protection (Effluent Discharge Permit) previously fixed by arbitration » Regulations 2003) and the Wastewater (License for Discharge of Industrial Effluent into a - The water shall be conveyed in the way Wastewater System) Regulations 2019). arranged by the proprietors, or, where they do not agree, in the way decided by 5. Can permits/licenses be suspended? Under the Supreme Court, after receiving the what circumstances? report of one or more experts ». (Art 17 Rivers and Canals Act) Yes. Concerning the permit for water use which secretes effluent discharge where the holder of a The law states that: permit fails to comply with the Environment Protection (Effluent Discharge Permit) - « A proprietor who wishes to have his Regulations 2003, the enforcing agency may property irrigated by any water which he revoke the permit. (Art. 9.1 Environment has a right to use, or dispose of, may Protection (Effluent Discharge Permit) subject to the prior payment of a fair Regulations 2003 made by the Minister under indemnity, have such works laid on the Section 96 of the Environment Protection Act of property of the opposite riverain as may 2002). be necessary for his obtaining his portion of water. Concerning the licenses for water use which let escape discharge of industrial effluent, it can be - The works must be so constructed and suspended when the Waste Water Management kept up by the proprietor as not to injure Authority considers that there is a reason, to any neighboring property. believe that the licensee has failed to comply - No building, yard or garden adjacent to a with a condition of his license, the Authority may dwelling house, shall be subject to the revoke the license, after having given the servitude of subsection (1). licensee an opportunity to show cause in writing within a period of 30 working days why his - A riverain on whose property works are license should not be revoked. (Art 3.8 laid under subsection (1) may, on Wastewater (License for Discharge of Industrial contributing one half of the cost of Effluent into a Wastewater System) Regulations construction and repair, claim the right to 2019 made by the Minister under section 47 of use the works in common with the the Wastewater Management Authority Act). 21

LEGAL COUNTRY MAPPING, Republic of Mauritius

6. Can water abstraction licenses be Yes. There is an order of priority concerning the transferred? Is transferability subject to allocation of water for the different uses in the restrictions? Mauritian Republic. Indeed the socio-economic policies and development strategies of the No. The permits/licenses obtained for water Government of Mauritius is based on the ideas abstraction is not transferable in Mauritius. that « the Government will prioritize the (Third Schedule. 2. Ground Water Regulations allocation, access and utilisation of water 1973) resources for basic human needs over any other allocation, access and utilisation. » and that «

Sustainable access to potable water will be a 7. Are there priorities in the allocation of priority when allocating water resources under water for different uses? competing water demands. ». (Art 3.1.2 of the National Water Policy of 2014).

CHAPTER 4: THE HUMAN RIGHTS TO WATER AND SANITATION:

A. Availability and accessibility water distribution network has over the years, been extended to cover the whole island. All the 1. Does the law ensure that a minimum population of Mauritius now have access to essential level of water is available to all? piped potable water.

No Information. According to the 2000 Housing and Population Census survey (CSO), 99.6 % of the population Mauritius shall follow the level considered by the have access to piped potable water within their World Health Organisation (WHO). According premises, with 85 % having piped water inside this international institution, between 50 and their houses. 100 liters of water per person per day are needed to ensure that most basic needs are met, and few 3. Does the law ensure continuous supply of health concerns arise. water for all?

2. What are the standards on the amount of Yes. The Customer Charter of the Central Water water to be made available/is there any Authority, which established rules for a better guidance in the law in this respect? understanding of the rights and obligations of the customer with regard to the duties and The Master Plan for Water Resources identified responsibilities entered to the Central Water the need to ensure an additional 224 Mm3 of Authority, provides that it « shall strive to provide water mobilization capacity by 2050 to be able to a 24-hour water supply service to the population increase the present water use from 500 of Mauritius and to reduce the Non-Revenue Mm3/year to 724 Mm3/year. To meet this Water to an acceptable level ». (Art VII of the objective, some challenges related to how water Customer Charter of the Central Water is currently managed need to be addressed, Authority). coupled with efforts to increase the amount of available water resources. The main challenges 4. Does the law prioritize water for domestic in this regard are of a regulatory and financial uses over other uses? nature, with technical aspects playing a comparatively minor role. (Article 2.2 of the Yes. There is an order of priority concerning the National Integrated Water Resources M allocation of water for domestic uses in front of anagement (IWRM) Plan). The piped potable the other uses in the Mauritian Republic. Indeed 22

LEGAL COUNTRY MAPPING, Republic of Mauritius the socio-economic policies and development In case of any unforeseen or sudden plant/pipe strategies of the Government of Mauritius is breakdown, the CWA shall, as far as practicable, based on the ideas that « the Government will notify the customers concerned through the prioritize the allocation, access and utilisation of media, of the emergency interruption of water water resources for basic human needs over any supply. (Art VIII.E.a) y b) Customer Charter of the other allocation, access and utilisation. » and Central Water Authority) that « Sustainable access to potable water will be a priority when allocating water resources under 7. Are alternative ways of water supply and competing water demands. ». In the concept of sanitation services provided for in case of « basic human needs « we can suppose that it is alteration of supply and/or service? included water for domestic uses. (Art 3.1.2 of No Information found. the National Water Policy of 2014). 8. Does the law provide guidance on: the number of water outlets? the safety, 5. What are the grounds for disconnecting, distance and time from a dwelling or interrupting, or altering water supply and structure to reach water outlet or sanitation sanitation services (e.g., authorities may facilities (e.g., laws that specify water alter water supply in case of droughts or outlets must be available within a certain emergencies, in which cases are distance from a school or household)? disconnections possible…)? technical safety of water outlets or If the customer has effected the payment of sanitation facilities (e.g. law requiring that water by dud cheque the water supply and certain standards be applied in the sanitation can be disconnected (Art XIII. D constitution of those facilities or of Customer Charter of the Central Water buildings)? Authority) No information found. The water supply and sanitation in Mauritius can 9. Is there provision in the law for availability be suspended or altered after the clearance for and accessibility of water and sanitation road excavation from the Road and/or Local facilities in non-domestic places such as Authorities and after receipt of application for. schools, hospitals, workplaces, prisons, (Art XIX Customer Charter of the Central Water refugee camps, etc.? Authority). Yes. There are some provisions in the national In case of any unforeseen or sudden plant/pipe Mauritian law concerning the availability and breakdown, the Central Water Authority can accessibility of water and sanitation in non- interrupt with emergency the water supply for domestic places. (Central Water Authority technical reason (Art VIII. E.b) Customer Charter (Water Supply for Non- Domestic Purposes) of the Central Water Authority). Regulations 2011). 6. What are the procedural standards/criteria It corresponds to Regulations made by the for permitting interruption, disconnection Central Water Board, with the approval of the or alteration of water supply and sanitation Minister, under section 49 of the Central Water services? Authority Act. In case of planned large disruption of service, it shall notify the customers concerned in advance B. Quality and safety through the media, giving the names of the affected regions, the date/s and start time/s, the 1. Are there parameters of quality and safety anticipated restoration of supply/ending time/s for drinking water established under law? and the reasons thereof. This will be broadcast Yes, there are some parameters of quality and on at least 2 radio channels, preferably in the safety for drinking water established and morning and/or evening at fixed time (e.g. at 6.55 hrs and 18.15. hrs respectively). 23

LEGAL COUNTRY MAPPING, Republic of Mauritius applicable in Mauritius2. construction guidelines)?

Indeed, even if Mauritius does not have establish Yes. The Mauritian laws and regulations provide its proper parameters, the parameters built by guidance in relation to the safe construction of the office of the World Health Organization water and sanitation infrastructure. (WHO) apply in the territory of the Mauritian Republic by following the Guidelines for drinking- For instance in the Mauritian Republic it is water quality set by this international institution prohibited or restricted « building operations for potable water. permanently on the ground that by reason of the situation or nature of the land the erection of In the national Mauritian laws and regulations, buildings thereon would be likely to involve there is no more information about these danger or injury to health or excessive specific parameters. expenditure or public money in the provision of roads, sewers, water supply or other public 2. Is monitoring of drinking water quality or services; » (Art 19.4.h) of the TOWN AND wastewater required by law? If so, which COUNTRY PLANNING ACT of 1954 as actor is required to monitor it and how subsequently amended). often (according to the law)? Moreover, as says the article 1.3 of the National Yes. The Mauritian law requires a monitoring of Integrated Water Resources Management drinking water quality or wastewater. (Part VI- (IWRM) Plan « the Central Water Authority Art 38 Environment Protection Act of 2002 (CWA), responsible for potable water amended in 2008). Indeed this norm specifies distribution, and to some degree the that « The Minister shall prescribe standards for management of water supply infrastructure ». water quality to protect the public health, The Mauritian laws and regulations specified welfare and the environment, and to provide that « No person shall, except with the written adequate safeguard for the quality of water. » permission of the Central Water Authority, and that « Any regulations made under construct any irrigation works or other water subsection (1) may provide for different works. ». This Authority may, in granting this standards for water quality, having regard to the permission, impose such conditions as it thinks use and value of water for domestic supply, fit and if a person make a water or sanitation propagation of fish, flora, fauna, and wildlife, infrastructure without this permission shall recreational purpose, agricultural, industrial and commit an offense and shall, on conviction, be other uses. » liable to a fine not exceeding 2,000 rupees. (Art 46 of the Central Water Authority Act of 1971) The actor required by the law to monitor it is the Wastewater Management Authority which 4. Do laws/regulations include requirements operates under the aegis of the Ministry of or guidance on safe emptying of latrines as Energy and Public Utilities. (Part II-5.2 e) well as safe treatment and disposal of Wastewater Authority Management Act). treated sludge? Indeed, the duties of this Authority shall be to « undertake, wastewater treatment to such, Yes. The Mauritian law includes requirements predetermined quality as may be prescribed for and guidance on safe treatment and disposal of safe disposal of the effluent and sludge to the treated sludge. (Part II-5.2.e) Wastewater environment or re-us ». Management Authority).

3. Do laws/regulations include guidance on As we saw the Wastewater Management the safe construction of water and Authority has to take care of the quality of water sanitation Infrastructure (e.g. to ensure no by monitoring the elimination of the effluent. contact with excreta, ventilation, respect One of its obligation is « undertake wastewater treatment to such, predetermined quality as may

2 LEGAL SUPPLEMENT to the Government Gazette of Mauritius No. 72 of 22 June 1996 24

LEGAL COUNTRY MAPPING, Republic of Mauritius be prescribed for safe disposal of the effluent and Yes. In the Mauritian country it is required a sludge to the environment or re-use » specific permission to discharge effluents. (Art 3.1 Environment Protection (Effluent Discharge 5. Do laws/regulations establish requirements Permit) Regulations 2003.). The Mauritian on household water treatment and storage legislation specifies that « No person shall (e.g. quality requirement with respect to discharge or cause to be discharged any effluent water containers, rainwater harvesting from any limitations, etc.)? of the activities set out in the First Schedule into No, the legislation of Mauritius does not a watercourse, waterbody or onto any land regulates the quality requirements for drinking unless he has an Effluent Discharge Permit from water storage, or rainwater harvesting. the appropriate enforcing agency. »

C. Water pollution control The criteria used for considering applications and granting permits are : the maximum volume of 1. Are there legislative provisions concerning effluent that may be discharged daily, the waste disposal activities? Which authorities maximum rate at which any effluent may be are responsible for monitoring to determine discharged at any time, the method of sampling if waste has caused pollution of bodies of and location of sampling points of the effluent water? and the frequency of analysis to be conducted in respect of the effluent (Art 5.2 Environment Yes. The current legal framework in Mauritius for Protection (Effluent Discharge Permit) the environmentally sound waste Regulations 2003.) management comprises the Environment Protection Act (EPA) of 2002, as amended in 4. Can waste discharge permits be 2008 (Articles 42, 43 y 48), and the Local lost/suspended/modified during their Government Act (LGA) of 2011 as amended in lifespan? Under what circumstances? Is 2018 (Articles 59 and 60). compensation payable?

In the Republic of Mauritius, the Wastewater The enforcing agency shall not revoke a permit management authority is responsible for unless it has requested the holder thereof to monitoring to determine if waste has caused submit reasons in writing why his permit should pollution of bodies of water (Part II. 4. f) and 5.g) not be revoked and when the holder of a permit Wastewater Management Authority Act) fails to comply with these regulations (Art 9 Environment Protection (Effluent Discharge 2. Is there legislation which regulates the Permit) Regulations 2003.). contamination of groundwater? For instance, according to the article 3 of this law Yes. The Ground Water Act of 1970 regulates the of the Republic of Mauritius, it would be the case contamination of groundwater. This legal text if a person who detains a license discharge or mentioned the fact that « Where any person cause to be discharged any effluent from any of licensed under this Act, by any physical, chemical the activities. or biological means or process, so alters the composition or quality of ground water that it is 5. Are instances of pollution of water sources likely to cause injury to any person, animal or subject to penalties / fines? Which plant using such water, he shall commit an institution is in in charge of the offense. ». (Art 4) Ground Water Act of 1970). administration of the penalties?

The contamination of groundwater is considered Yes. In Mauritius cases of pollution of water can as an infraction so. be subject to penalties and fines. The authorized officer and the affiliated Court or Tribunal are the 3. Is permission required to discharge institutions which oversee the administration of effluents? What are the criteria used for these penalties. (Art 88 and Ninth Schedule of considering applications and granting the Environment Protection Act of 2002). permits? 25

LEGAL COUNTRY MAPPING, Republic of Mauritius

Indeed, « Notwithstanding any other enactment, 3. How are tariffs established under law and where a person commits an offense specified in what is the process for updating these the Ninth Schedule, the authorized officer who tariffs? detects the offense may, as soon as is reasonably practicable, and not later than 14 days after the Under law the tariffs of water are established commission of the offense, serve on that person following a volumetric system. a notice in the form set out in the Tenth Schedule Each customer is provided with a meter, which is calling upon him to pay in respect of the offense read monthly and the consumption is billed the fixed penalty provided in the Ninth Schedule. according to the readings recorded by the meter. » A meter rental is also payable, and the amount D. Affordability claimed varies according to the size of the meter. (Art XX Customer Charter. Tarif 10 - Tarif 91) 1. How does the law address affordability of 4. Does the tariff vary depending on the water supply and sanitation services? regions/circumstances?

The law of the Republic of Mauritius addresses Yes. The tariff varies depending on the affordability of water supply and sanitation circumstances in Mauritius. For instance, if it is a services by securing and providing a sustainable domestic, a business Consumers or a Commercial water supply service of appropriate quality at an Consumers supply, the fixation of the price will affordable price. (Art IV Customer Charter of the be different. (Art XIII. D of the Customer Charter). Central Water Authority). On the other hand, the geographical aspect plays This is its principal mission. its role there because there is a special tariff for the Concession Prices in Port Louis, and that 2. What mechanisms must be established by supposed that it is different for some others city. law to ensure affordability of water and (Art XX Customer Charter of the Central Water sanitation services? Authority). The Government will promote affordable and 5. Which actor is responsible for and involved sustainable techniques for small-scale irrigation in setting and/or approving tariffs for water as a measure to increase production of food and supply and sanitation services? was crops for sustainable livelihoods. The absence of alternative sources of water supply The actor responsible for involved in setting for agricultural purposes leads to loss of revenue and/or approving tariffs for water supply and especially for the vulnerable groups. sanitation services is the Central Water Opportunities will be provided to farmers for Authority. (Art XX Customer Charter of the crop diversification with a view to enhancing Central Water Authority). production which would generate revenue and promote economic growth. (Art 3.1.3 of the Each customer is provided with a meter, which is National Water Policy Plan of 2014). read monthly. Consumption is billed according to the readings recorded by the meter. A meter Moreover, through full-cost recovery would be rental is also payable, and the amount claimed the goal, there will be options for water pricing varies according to the size of the meter. The that would enable sustainable cost recovery for present Water Tariff came into force 01 January the operation and maintenance and renewal of 2012. (Cf Annex 1) water sector assets. Cross-sectoral subsidization and affordability would be explored to satisfy the 6. Does the law allow disconnection from requirement of vulnerable groups. Indeed, the water supply and sanitation services for price for water services shall consider full cost non- payment? What procedures must be recovery and the affordability criteria. (Art 3.7.1 followed in such cases prior to and 3.7.4 of the National Water Policy Plan of disconnecting the supply and service? 2014). Yes. The Mauritian law allows disconnection 26

LEGAL COUNTRY MAPPING, Republic of Mauritius from water supply and sanitation services if it is to exist without discrimination by reason of race, noticed a lack of payment. Indeed, if a water bill place of origin, political opinions, color, creed or is not paid within 60 days of its date of delivery, sex, but subject to respect for the rights and the water supply is likely to be disconnected freedoms of others and for the public interest, without notice. (Art XIII. D of the Customer each and all of the following human rights and Charter). fundamental freedoms.(Art 3 Constitution). E. Acceptability Moreover this instrument protect the Mauritian people from any discriminations by saying that « 1. Is there provision in the law or contracts no law shall make any provision that is with service providers that relate to the discriminatory either of itself or in its effect. », « need to consider cultural and social no person shall be treated in a discriminatory dimensions of acceptability (e.g. color or manner by any person acting in the performance odor of water, or the positioning of a of any public function conferred by any law or facility)? otherwise in the performance of the functions of any public office or any public authority. » Yes. The Mauritian Government has established explaining some exceptions. (16 of the provision in the law that relates to the need to Constitution) consider cultural and social dimensions of acceptability (Schedule (regulation 3) Finally, another national law of Mauritius defend Environment Protection (Drinking Water the people from discriminations and it is the Standards) Regulations 1996). (Cf Annex 2) Equal Opportunities Act of 2008 in several fields as in the sport, labour market or education and 2. Is there provision in the law or contracts which remembers the different forms of with service providers that relate to the Discrimination in its Part II. need to ensure dignity and privacy (e.g.in workplaces, but also in the design of shared 2. Are there any specific provisions that sanitation facilities for certain address that seek to ensure (physical) communities)? access to water and sanitation services for persons with disability, children, or the No. In the Mauritian Republic it does not exist elderly? any provisions in the law or contacts with service providers that relate to the need to ensure No. There are not any specific national dignity and privacy. legislations that seek to ensure access to water and sanitation services for persons with These rights appear in the National Human disability, children, or the elderly. Rights Action Plan (2012-2020) (Art 148). However, Mauritius is one of the State Party to F. Non-discrimination, equality, and the Convention on the Rights of the Child which universal access was adopted and opened for signature, ratification and accession by General Assembly 1. Is there any legislation about the resolution 44/25 of 20 November 1989 entrying prohibition of direct and indirect into force 2 September 1990since its ratification discrimination (on all grounds) and by this country 1990 by accession. And this promotion of equality in accessing water international instrument records that « States and sanitation services? Parties shall pursue full implementation of this right and, in particular, shall take appropriate Yes. It exists some legislation which protect measures: To combat disease and malnutrition, people from direct or indirect discriminations on including within the framework of primary health all grounds in Mauritius. care, though, inter alia, the application of readily available technology and through the provision Indeed the fundamental norm specified that « it of adequate nutritious foods and clean drinking- is hereby recognized and declared that in water, taking into consideration the dangers and Mauritius there have existed and shall continue risks of environmental pollution; » (Art 24.c of the 27

LEGAL COUNTRY MAPPING, Republic of Mauritius

Convention on the Rights of the Child of 1990) makes provision -

Concerning the disabled persons, the Mauritian (a) in the interest of defense, public safety, public country has signed the Convention on the Rights order, public morality, or public health. of Persons with Disabilities the 25 September of 2007 and has ratified it the 08 January of 2010 (b) for the purpose of protecting the reputations, becoming one of its members. It is important to rights or freedoms of other persons or the private know that this international convention provides lives of persons concerned in legal proceedings, that « States Parties recognize the right of preventing the disclosure of information received persons with disabilities to social protection and in confidence, maintaining the authority and to the enjoyment of that right without independence of the courts, or regulating the discrimination on the basis of disability, and shall technical administration or the technical take appropriate steps to safeguard and promote operation of telephony, telegraphy, posts, the realization of this right, including measures: wireless broadcasting, television, public To ensure equal access by persons with exhibitions or public entertainment; or disabilities to clean water services, and to ensure (c) for the imposition of restriction upon public access to appropriate and affordable services, officers, except so far as that provision or, as the devices and other assistance for disability-related case may be, the thing done under its authority is needs; » (Art 28 of the Convention on the Rights shown not to be reasonably justifiable in a of Persons with Disabilities democratic society. »

G. Right to information. 2. Does the right to information require the payment of a fee? Is there a provision on 1. Is there any specific legislation about the the affordability of such fee? right to seek, receive and impart information held by public authorities? No. In Mauritius, the right to information does Does the law expressly set out the right to not require the payment of any fee, because it is seek, receive and impart information on considered as a constitutional freedom (Art 12 water related issues? Constitution).

No. In the Republic of Mauritius it does not exist 3. Are there any exceptions about who or a specific law which regulates the right to seek, what type of water and environment receive and impart information help by public related information held by public authorities. While some believe that a Freedom authorities can be accessed? of Information Act based on the English model has to be implemented in the Mauritian No Information found. legislation, Mauritius is still in the process of 4. Which institutions are required by law to enacting one. make information on water public? Does This right is only recorded indirectly by the the law reference only the right to access Constitution (Art 12 Constitution). This article information or also the obligation to make reveals that public such information on water related issues (e.g., are institutions obligated to « (1) Except with his own consent, no person shall provide information only upon demand, or be hindered in the enjoyment of expression, that are they obligated to publish or make is to say, freedom to hold opinions and to receive available information at certain periodic and impart ideas and information without intervals, on the occurrence of certain interference, and freedom from interference with circumstances, etc.)? his correspondence. In Mauritius, the Central Water Authority who is (2) Nothing contained in or done under the in charge to ensure information public and the authority of any law shall be held to be Ministry of Energy and Public Utilities (Preamble inconsistent with or in contravention of this Customer Charter of the Central Water Authority section to the extent that the law in question and Art 28.2 Central Water Authority Act of 28

LEGAL COUNTRY MAPPING, Republic of Mauritius

1971). access to information in contract with water and sanitation operators. (Art XIII. D. Customer In the national laws it is specified that the Central Charter of the central Water Authority). This Water Authority « shall furnish to the Minister article deals with the important information such information and returns relating to its available to the customers, it says that « activities as the Minister, may, from time to time, require and shall afford him such facilities for the - Payment effected by dud cheque (chèque verification of the information so furnished ». sans provision) may result in the ,(Art 28.2 Central Water Authority Act of 1971). disconnection of the supply and the matter would be referred to the Police for 5. What are the requirements listed in the law prosecution. The customer account would in relation to the language, locations, be tagged, and future payment should be format, timing and means used for made by cash only. providing water related information to the public? How does the law ensure that - If a water bill is not paid within 60 days of information is made available to all its date of delivery, the water supply is including to minorities? likely to be disconnected without notice.

Any information found in the national law and - If a customer wants to challenge the regulation of Mauritius concerning the amount shown on his water bill, he should requirements listed in the law in relation to the contact an officer of the appropriate language, locations, format, timing and means Customer Service Centre. used for providing water related information to the public and how this information is made - Customers seeking information on their available to all including minorities. account or on water supply generally should address themselves to an officer of 6. Are there any legal provisions requiring the appropriate Customer Service Centre, certain authorities to educate the or phone the Hot Line / Call Centre population on water related issues? telephone number 170.

Yes. There are some legal provisions concerning - Customers who fail to receive their bill for the education of the population on water related any current month should inform the issues. (Art 2.1 National Water Policy and Art 6 appropriate Customer Service Centre National Integrated Water Resources without delay or phone the Hot Line / Call Management (IWRM) Plan). Centre telephone number 170.

7. Are the legal requirements concerning - Every customer is provided with a meter, informing the population about regulations, which is read monthly. The customer is restrictions, prohibitions, and billed according to the consumption discontinuations in water services? Does recorded by the meter. » the law require that information be made available about the existence of complaint H. Public participation mechanisms for water supply and sanitation services to users of such services? 1. Is there a law which addresses public participation? No Information found about any legal requirements which inform the population about Yes. The Mauritian Government has established regulations, restrictions, prohibitions, and some laws which address public participation. discontinuations in water services. For instance, the Constitution of the Republic of Mauritius Amendment, 2003 (Act 124 of 2003) 8. Are there any requirements in relation to and the New Local Government Act, 2005 (Act 23 access to information in contracts with of 2005) which have an impact on public water and sanitation operators? participation in the making and implementation Yes. There are some requirements in relation to in Mauritius. (PUBLIC PARTICIPATION IN THE 29

LEGAL COUNTRY MAPPING, Republic of Mauritius

MAKING AND IMPLEMENTATION OF POLICY IN government. (5.2 and the followings MAURITIUS WITH REFERENCE TO PORT LOUIS’ PUBLIC PARTICIPATION IN THE MAKING LOCAL GOVERNMENT by SANJIV KUMAR AND IMPLEMENTATION OF POLICY IN BABOOA Submitted in accordance with the MAURITIUS WITH REFERENCE TO PORT requirements for the degree of DOCTOR OF LOUIS’ LOCAL GOVERNMENT by SANJIV ADMINISTRATION in the subject PUBLIC KUMAR BABOOA Submitted in accordance ADMINISTRATION at the UNIVERSITY OF SOUTH with the requirements for the degree of AFRICA of 2008). DOCTOR OF ADMINISTRATION in the subject PUBLIC ADMINISTRATION at the 2. What are the criteria listed in the law in UNIVERSITY OF SOUTH AFRICA of 2008). relation to participation in water-related issues (e.g. allocated time to provide 3. Do the contracts between governmental comments, invitation to public hearings, authorities and operators of water and etc.)? sanitation services impose upon the operators an obligation to ensure or The requirements for responsiveness to public provide for public participation at any levels needs are as follows: at which the applicable services are delivered? - members of the public must express their needs. No Information found about this question which deals with the eventual imposition to provide - policymakers must consider and take the public participation at any levels upon the needs expressed by the public; and operators in the contracts that they have - there must be good mechanisms for concluded with the governmental authorities. receiving expressed public needs. 4. Is the establishment of regional or local The modes of public participation are used in the associations or other groupings of water making and implementation of policy at the Port users provided for and regulated by laws or Louis’ local government are: regulations? How do they interact with or connect into other agencies or regulators? - Questionnaire to make some research findings and analysis among the Yes. The Government of the State of Mauritius population. That make the Mauritian has provided an association of water users which citizens to be able to understand what is the Water User’s Association. (Part « goes on in the Port Louis’ local Organisation » of the Irrigation Area government council, and make the (Declaration) Regulations 2006.) Mauritian citizens to have a view on These Regulations declare irrigation areas in communication of policy-making accordance with sections 14 and 21 of the processes at the Port Louis’ local Irrigation Authority Act, give a description of the government and a view on information water irrigation project, requires the area to be provision regarding political decision at occupied by small planters growing mainly sugar the Port Louis ’local government cane and vegetables and require those planters - Participation at public hearing to be grouped in a Water Users' Association. The Water User's Association shall be responsible for - Public participation in radio talk that deals the day-to-day operation and minor with activities to by-laws of the Port Louis’ maintenance of the irrigation network. local government I-Sustainability - Participation to enquiries to councilors or officials of the Port Louis local government 1. How does legislation ensure that water and sanitation services are delivered in a - Ppossibility to protest against officials sustainable manner, considering the and/or councilors of the Port Louis’ local availably of water resources, competing 30

LEGAL COUNTRY MAPPING, Republic of Mauritius

demands and generally the needs of The Mauritian legislation ensure that delivery of present and future generations? water and sanitation services are economically sustainable with sufficient expenditure for A Water Resources Monitoring Committee is in operation and maintenance by establishing a existence with members from relevant sectors specific policy. and meets to discuss relevant strategies with regards to drought management, water Indeed, the Government shall manage its conservation and other associated issues. This reserves to ensure sustainable access to safe inter-agency mechanism is primarily concerned water supply for basic needs because he has a currently with sustainable resource allocation social and economic responsibility. For that it has and meet on an ad hoc basis, primarily during the to establish an order of priority in the allocation dry season. of water by prioritizing he allocation, access and utilisation of water resources for basic human In addition, a national IWRM Steering Committee needs over any other allocation, access and has been set up as part of the oversight utilisation. arrangements required to advise the UNDP/UNEP IWRM program. It includes the Moreover, the Mauritian « Government will following stakeholders: ensure that the poor have access to safe water and sanitation facilities which are considered as - Ministry of Energy and Public Utilities. basic human rights. To ensure sustainability of water supply and sanitation services to all areas, - Wastewater Management Authority cost recovery will underpin all infrastructural - Central Water Authority developments and operation, that is, beneficiaries will pay an appropriate amount - Water Resources Unit towards the cost for providing the services taking into account Government’s social responsibilities - Mauritius Meteorological Station to the poor. ». So, one of the technics of the government to ensure that delivery of water and - Ministry of Social Security, National sanitation services are economically sustainable, Solidarity, Environment and Sustainable with sufficient expenditure for operation and Development. maintenance is to decide on level of subsidies to - Ministry of Finance and Economic support the poor and vulnerable groups. Cost Development recovery does not negate the provision of grants or subsidies to poorer segments of society. The The Secretariat support to the IWRM Steering challenge is to design effective measures to Committee was provided through the ensure that all users contribute their share to UNDP/UNEP program funded staff but to ensure ensure sustainable services. long-term sustainability and coordinated implementation of an IWRM plan, such support Finally, the last measure that takes the Mauritian would probably need to be institutionalized, Government to ensure this sustainable access perhaps within the Water Resources Monitoring economically is to reserve some provision of Committee. (Part 1, 1.3 of the National sanitation services is integrated into the Integrated Water Resources Management provision of water supply for basic human needs. (IWRM) Plan). Indeed, pprovision of water supply alone is not sufficient to improve public health. Most waterborne and water-based diseases are the 2. How does the legislation ensure that result of poor sanitation. The implementation of delivery of water and sanitation services are the National Sewerage Program will be ensured economically sustainable, with sufficient to reach an island wide coverage within a expenditure for operation and reasonable time frame. (Art 3.1.2 of the National maintenance? Water Policy of 2014).

LEGAL COUNTRY MAPPING, Republic of Mauritius CHAPTER 5: JUDICIARY SYSTEM

A. Preliminary questions the Supreme Court to the Judicial Committee as of right in some cases. (Art 81 and 82 1. What is the relationship between Constitution). international law and national law (i.e. is Concerning, the Subordinate Courts they consist the state a monist or dualist system--how is for example of the Court of Rodrigues, the international law interpreted in relation Intermediate Court, the Industrial Court, the with domestic law)? District Courts, the Bail and Remand Court, the The Mauritian State uses a dualist system in Criminal and Mediation Court and the relation to the international law. The political Commercial Court. It is important to know that « Constitution is considered as the supreme law of The Supreme Court shall have jurisdiction to Mauritius and if any other law is inconsistent supervise any civil or criminal proceedings before with this Constitution, that other law shall, to the any subordinate court and may make such extent of the inconsistency, be void. (Art 2 orders, issue such writs and give such directions Constitution) as it may consider appropriate for the purpose of ensuring that justice is duly administered by any 2. What is the hierarchical structure of the such court. » (Article 82 Constitution). legal system? 3. Has the State ratified the relevant Mauritius has a single-structured judicial system international conventions establishing consisting of two parts, the Supreme Court and regional or international complaint the Subordinate Courts. (CHAPTER VII of the mechanisms? Constitution). Mauritius had accepted 2 individual complaints Concerning the Supreme Court, it shall have procedures by ratifying two international unlimited jurisdiction to hear and determine any conventions which are the Optional Protocol to civil or criminal proceedings under any law other the International Covenant on Civil and Political than a disciplinary law and such jurisdiction and Rights on the 12th of December of 1973 and the powers as may be conferred upon it by the Optional Protocol to the Convention on the Mauritian Constitution or any other law. It Elimination of All Forms of Discrimination against corresponds to the Chief Justice, so it is head of Women on the 31st of October of 2008. the judiciary. (Art 76 Constitution) Moreover, the Mauritian Republic had accepted Then concerning the appeal decision, they are some inquiry procedure in its territory by ensuring by the Courts of Appeal of Mauritius. « ratifying some international instruments such as There shall be a Court of Civil Appeal and a Court the inquiry procedure under the Convention of Criminal Appeal for Mauritius, each of which against Torture (Art 20 Convention Against shall be a division of the Supreme Court ». « The Torture) the 9th of December of 1992 and Court of Civil Appeal shall have such jurisdiction Inquiry procedure under the Optional protocol to and powers to hear and determine appeals in civil the Convention on the Elimination of All Forms of matters and the Court of Criminal Appeal shall Discrimination against Women (Art 8.9 Optional have such jurisdiction and powers to hear and protocol to the Convention on the Elimination of determine appeals in criminal matters as may be All Forms of Discrimination against Women) the conferred upon them respectively by this 31st of October of 2008. Constitution or any other law. » (Article 80 Constitution). B. Remedies and complaint procedures/accountability In Mauritius it is possible to make an appeal before the Judicial Committee. Indeed, an appeal 1. Are there remedies provided by law to file shall lie from decision of the Court of Appeal or 32

LEGAL COUNTRY MAPPING, Republic of Mauritius

complaints or other ways of accessing rights principles (such as non- justice about water and sanitation? Who discrimination, equity)? may file them? Are the decisions appealable? No information found in the national legislation of Mauritius concerning if for the validity of this First, the first remedy that can be not there is the complaint procedures it is required or not the complaint before the Tribunal of Mauritius. This conformity with human rights principles such as one « shall not hear and determine a complaint non-discrimination and equity. under this Act unless the person making the complaint has voluntarily made a sworn 3. Does the law provide for financial statement, in such form as may be prescribed, assistance for legal counsel in cases that he has waived his right to initiate civil concerning water and sanitation? proceedings before any Court in Mauritius in Yes. The Mauritian legislation provides that any respect of the facts that form the subject matter person can benefit from an economic assistance of the complaint. » and a waiver referred to this for legal counsel under some conditions. Indeed subparagraph constitute a bar to subsequent « any person who wishes to obtain legal aid to be civil proceedings being initiated by the a party to civil or criminal proceedings shall: complainant before any Court in Mauritius in respect of the subject matter of the complaint. - make a written application to the (PART VIII Art 54.3 of the Environment Protection Authority, stating his cause of action or Act of 2002) ground of defense or appeal, or the nature of the extra- judicial matter in respect of The Ministry of Environment and Sustainable which the application is made Development attends to complaints received from the public on environmental issues. A - excluding his wearing apparel and tools of protocol for dealing with complaints has been trade and the subject matter of the devised by the Pollution Prevention and Control proceedings, he is not worth 500,000 Division of the Department of Environment to rupees; and address and manage the environmental complaints. (Cf Annex 3) - his total monthly earnings are less than 10,000 rupees. (Article 4 of the Legal Aid It is important to note that the Environment Act) Protection Act (2002) has made provisions for different Ministries/organisations to be It is possible to obtain this economic assistance responsible for specific medium (example air, for the criminal appeal (Article 5 of the Legal Aid water, solid wastes, odor, noise etc.). These Act of 1974) Ministries/organisations are referred to as Enforcing Agencies. The Ministry of Environment 4. Who monitors the administrative level and Sustainable Development, apart from being bodies and/or service providers? the coordinating institution with the different In Mauritius, the Ministry of Energy and Public Ministries, is also an Enforcing Agency for Utilities oversees monitoring administrative level matters relating to air pollution. (Cf Annex 3) bodies and/or service providers. It is one of its Any person wishing to make a complaint obligation (Part « The Ministry » of the Customer pertaining to environmental problems may Charter on the Ministry of Energy and Public contact directly the relevant enforcing agencies Utilities). This text specifies that: at the phone and fax numbers indicated in the The following organisations fall under the table link below. purview of the Ministry: Yes. The decisions are appealable. (Article 54 - Energy Efficiency Management Office Environnent Protection Act 2002) (EEMO) – Promotion of Energy Efficiency. 2. Are such complaint procedures required to - Radiation Protection Authority (RPA) – be provided in conformity with human 33

LEGAL COUNTRY MAPPING, Republic of Mauritius

Regulation of Ionizing Radiation. person aggrieved by this decision or buy the compensation given can make an appeal to the - Water Resources Unit (WRU) – Supreme Court. (Art 43 and 44 of the Central Mobilization and Development of water Water Authority Act of 1971) resources. Moreover, concerning the decisions of the - Central Electricity Board (CEB) – Central Water Authority, it is possible to make Generation, Transmission, Distribution another type of appeal. Indeed « If the customer and Sale of Electricity. is still not satisfied with the decision of the Debt Dispute Resolution Committee, he can make an - Central Water Authority (CWA) – appeal to the Public Complaints Bureau of the Treatment and Distribution of potable Prime Minister’s Office or to the Ombudsman. » water. (Art XII. F of the Customer Charter of the Central - Wastewater Management Authority Water Authority. (WMA) – Collection, Treatment and It is important to know that “The Court will not, Disposal of wastewater. however, on a judicial review application act as a - Mauritius Renewable Energy Agency “court of appeal” from the body concerned; nor (MARENA) – Promote Renewable Energy will the court interfere in any way with the Projects. exercise of any power or discretion which has been conferred on that body, unless it has been 5. Is there a possibility to appeal against the exercised in a way which is not within that body’s decisions of service providers? With whom jurisdiction, or the decision is Wednesbury would such an appeal be lodged, and under unreasonable. The function of the court is to see which conditions is such an appeal possible. that lawful authority is not abused by unfair treatment” [1173] Yes.There are some possibilities to appeal against the decisions of service providers in The above have been cited with approval A. Mauritius. Lutchuman v. The Mauritius Sugar Terminal Corporation 1990 SCJ 241; 1990 MR 343. So, the The person who wanted to appeal one of the judicial review cannot be considered really like decisions made by the service providers can an appeal strictly speaking. make a petition to the Environment and Land Use Appeal Tribunal for some cases. It can hear It is important to note that Judicial review is not and determine appeals: available so as to permit the enforcement of private rights, such as rights of particular - under section 54 of the Environment employees’ vis à vis their employers. Protection Act. 6. What remedies are available at an - from a decision of a Municipal City administrative level? Council, Municipal Town Council or District Council under section 117(14) of In the Republic of Mauritius the judicial review the Local Government Act 2011. which is concerned with reviewing, not the merits of the decision in respect of which the - under section 7B of the Morcellement Act; application for Judicial Review is made, but the and decision - making process itself, is one of the remedies available at the administrative level. - under sections 7 and 25 of the Town and (Law Reform Commission Discussion Paper on Country Planning Act. the Judicial Review of 2009) Moreover, it can make appeal against the Based on the common law system. Cf Chief decision of the Central Water Authority about a Constable of N.W Police v. Evans 1982 1 WLR compulsory acquisition of water rights. 1155: Indeed, the Mauritian law specifies that any 34

LEGAL COUNTRY MAPPING, Republic of Mauritius

- « This remedy [judicial review] ..., is home language and the place of origin for intended to protect the individual against example. the abuse of power by a wide range of authorities, judicial, quasi-judicial, and, , 10. Do courts in the country have jurisdiction to administrative » hear cases regarding the obligations to respect, protect and fulfill the human rights 7. Who monitors these administrative level to water and sanitation? Is there any bodies? existing case law?

In Mauritius, the Ministry of Energy and Public Yes, the Mauritian Courts have had jurisdiction to Utilities oversees monitoring administrative level hear cases regarding the obligations to respect, bodies. protect and fulfill the human rights to water and sanitation. It is one of its obligation according the norm which specifies the responsibilities of this Indeed, « Notwithstanding the section 114 of the Mauritian Ministry. « The Water Resources Unit, Courts Act and the section 72 of the District and the Energy Efficiency Management Office and the Intermediate Courts (Criminal Jurisdiction) Act, a Radiation Protection Authority. The Central Magistrate shall have jurisdiction to try any Water Authority, the Central Electricity Board, offense against this Act and may impose any the Wastewater Management Authority, the penalty provided by this Act. » (Art 14 of the Mauritius Renewable Energy Agency and the Protection of Human Rights Act of 1998). Utility Regulatory Authority » adding that they are parastatal bodies under the aegis of the So, there is there only two exceptions which Ministry. (Part « The Ministry » of the Customer concern the District and Intermediate Court. Charter on the Ministry of Energy and Public 11. Provide a brief overview of the judicial Utilities) procedure involving a human rights 8. Are such administrative bodies legally violation case. independent entities according to the law? There is an independent and impartial judiciary As we saw, such administrative bodies are act for civil matters. The law provides access to a under the aegis of the Ministry of Energy and court to bring lawsuits seeking damages for Public Utilities who monitors them, so there are human rights violations. It also provides for not independent. individuals to seek civil remedies for such violations. In case of disagreement with the administrative decision of one of the service providers it is As an alternative to the judicial system, the possible to make a judicial review. constitution provides for an ombudsman to investigate complaints from the public and 9. Is there any evidence (e.g., case law) that members of the National Assembly against courts in the country have (or may have) government institutions and to seek redress for jurisdiction to enforce any economic, social, injustices committed by a public officer or other or cultural rights? authority acting in an official capacity. The ombudsman can make recommendations but Yes. In the Republic of Mauritius, it exists some cannot impose penalties on a government evidence that proves the Mauritian jurisdictions agency. After exhausting all local appeals, try to create a jurisprudence in favor of an individuals or organizations can appeal decisions enforcement of the economic, social, or cultural to the United Kingdom’s Privy Council, which is rights. the highest court of appeal. The government respected courts’ decisions. (Chapter IX For instance, the decision of the Supreme Court Constitution) of Mauritius (committee of the privy council) Matadeen and Others v. M.G.C. Pointu and 12. Is there a Constitutional/Supreme Court? Others (Mauritius) [1998] UKPC 9 (18 February Cases are heard as the last appeal or may 1998) shows that recording the right to keep 35

LEGAL COUNTRY MAPPING, Republic of Mauritius

cases be referred directly? criminal and civil matters.

Yes, in the Mauritian Country it exists a Supreme It is important to know that the official language Court. (Article 76 Constitution). to be used in the Supreme Court of Mauritius shall be English. But there is an exception The cases are heard principally by the Supreme because where a person appearing before the Court of Mauritius as the last appeal, but it can Court satisfies the Court that he does not possess be seized directly by the persons when the case a competent knowledge of the English language, concerns constitutional questions. (Article 83 he may give his evidence or make any statement Constitution) in the language with which he is best acquainted. (Art 14 of Courts Act of 1945) 13. Have domestic courts applied international human rights law in past cases or have they Moreover, the language to be used in the referred to decisions from international Intermediate Court or in any District Court shall human rights bodies? be English, but any person may address the Court in French. Where any person who is required to Yes. In Mauritius the domestic courts applied give evidence, satisfies the Court that he does international instruments on human rights such not possess a competent knowledge of English or as in the Decision of the Mauritian Supreme French, he may give his evidence in the language Court Madhewoo (Appellant) v. The State of with which he is best acquainted. Finally, where Mauritius and another (Respondents) where the any person gives evidence in a language other judges make reference to the Decision of the than English or French, the proceedings shall, if European Court of Human Rights Raninen v. the Court so directs, be translated. (Art 131 of Finland. Courts Act of 1945) « Notwithstanding the section 114 of the Courts To put in a nutshell concerning the jurors, no Act and the section 72 of the District and person who has made an oath or affirmation that Intermediate Courts (Criminal Jurisdiction) Act, a he is not sufficiently acquainted with the English Magistrate shall have jurisdiction to try any language to serve as a juror shall be called upon offense against this Act and may impose any to act as a juror in any criminal case, nor shall the penalty provided by this Act. » (Art 14 of the name of that person be inserted by the Master Protection of Human Rights Act of 1998) and Registrar in the Jury Book compiled by him, 14. Are court proceedings conducted in only so long as such person continues not to be one principal language, or are they also sufficiently conversant with the English language conducted in local languages, including to serve as a juror. A Judge in Chambers may, ex minority and indigenous languages? Does officio, direct the Master and Registrar to re- the law require that information is made insert, and it shall also be competent for the available in local languages? Master and Registrar, ex officio to re-insert, in the Jury List of any year, the name of any person English is generally accepted as the official under subsection (1), who, there is reason to language of Mauritius as it is the language of believe, has become sufficiently conversant with government administration, the courts and the English language to serve as a juror. (Art 57 business sector. Courts Act of 1945).

In the past, despite winning the Battle of Grand 15. Have domestic courts applied (or Port, the only French naval victory over the referenced) recommendations of national British during these wars, the French could not human rights institutions? prevent the British from landing at Cap Malheureux during 1810. They formally No. Domestic courts do not apply or referenced surrendered the island on the fifth day of the recommendations of national human rights invasion, 3 December 1810, on terms allowing institution. settlers to keep their land and property and to However, after investigations into the complaint, use the French language and law of France in the Division can make such decisions: 36

LEGAL COUNTRY MAPPING, Republic of Mauritius

- Can set aside the complaint if it is person who deals that any of the human rights frivolous or vexatious. enshrined in Chapter II of the Constitution (Art 2 of the Protection of Human Rights Act of 1998 - - Attempt to resolve the complaint by Interpretation - : « “human rights” means any conciliation. right or freedom referred to in Chapter II of the Constitution » has been violated or is likely to be - Refer the complaint to the appropriate violated by the act or omission of a public officer authority, for instance, to the or employee of a public body. (Art 4 Of the Ombudsman, the Equal Opportunities Protection of Human Rights Act of 1998). Commission, etc… By analysing the chapter II of the Constitution of - Take any decision deemed appropriate Mauritius it is clear that the economic, social and - But also make recommendations, cultural rights are taken into account as the accordingly to the Minister responsible protection of freedom of assembly and for Human Rights. association for example. (Chapter II Constitution)

So, the Commission shall, on the completion of These rights are also catered for by local its enquiry, send a written communication legislation (e.g the Education Act, Social Aid Act, setting out its conclusion and any National Pensions Act) and other measures recommendation to the Minister who shall, as provided for under our welfare state system. soon as practicable, report to the Commission 3. Is the national human rights institution the action taken or proposed to be taken. (Art authorized to receive and adjudicate 4.5 The Protection of Human Rights Act of 1998) complaints of violations of human rights to

water and sanitation? C. National human rights institutions Yes. The Mauritian National Human Rights Institution authorized to receive and adjudicate 1. Is there an independent national human complaints of violations of human rights to water rights institution? and sanitation.

Yes. In the Republic of Mauritius, it exists an Indeed, one of its functions it is study complaints independent national human rights institution. It and its principle one is to promote and protect corresponds to the National Human Rights human rights without any distinction or Commission of Mauritius (NHRC). specification. (Articles 3 and 3A of the Protection of Human Rights Act of 1998.) Indeed, « There is established, for the purposes of this Act. a National Human Rights Commission, 4. Does the national human rights institution which shall be a body corporate and which shall have a legal basis or authority to initiate an consist of a Chairman and 3 other members ». action to address systemic human rights (Art 3 Protection of Human Rights Act). violations?

2. Does the mandate of the national human Yes. The National Human Rights Institution in the rights institution cover the entire human Mauritian country has a legal basis and the rights framework, including economic, authority to initiate an action to address social, and cultural rights? systemic human rights violations. (Art 4.1. c) Protection of Human Rights Act of 1998). Yes. The National Human Rights Commission deals with complaints relating to economic, Indeed it is specified that one of the function of social and cultural rights, such as the right to this institution is to act « where it has reason to work, the right to an adequate standard of living, believe that an act or omission such as is referred the right to education, the right to health to in paragraph (a) or (b) has occurred, is services, the right to social security, etc. Indeed occurring or is likely to occur, of its own motion it enquires into written complaints made by any enquire into the matter » without any written 37

LEGAL COUNTRY MAPPING, Republic of Mauritius complaint who comes from a person. sanitation are implemented by governmental authorities, service providers or other 5. What type of remedies does the national agencies/entities. human rights institution have the authority to impose? The law of Mauritius specified that the Commission may monitor « where the enquiry Where at any stage of an enquiry, the discloses a violation of human rights or Commission? negligence in the prevention of such violation, refer the matter to: - considers it necessary to enquire into the conduct of any person; or - the Director of Public Prosecutions where it appears that an offense may have been - is of the opinion that the reputation of committed. any such person is likely to be prejudicially affected by the enquiry, - the appropriate Service Commission where it appears that disciplinary it shall give to that person a reasonable procedures may be warranted. opportunity of being heard in the enquiry and of producing such relevant evidence as that person - to the chief executive officer of the deems appropriate. appropriate public body where it appears that disciplinary action is warranted However, this rule shall not apply where only the against an employee of a public body who credibility of a witness is being impeached. (Art 9 is not within the jurisdiction of a Service The Protection of Human Rights Act of 1998). Commission; (Art 4.a) for the Protection 6. Is the institution allowed to initiate of Human Rights Act of 1998) investigations/hearings? We have to understand that te term « public Yes. The National Human Rights Commission of body » means : a Ministry or Government Mauritius is allowed to initiate investigations. department, a local authority, a statutory (Art 7 Protection of Human Rights Act). corporation or any other company, partnership or other entity of which the Government or an « The Commission may, for the purposes of agency of the Government is, by the holding of conducting any investigation pertaining to an shares or some other financial input or in any enquiry, utilise the services of any police officer or other manner, in a position to influence the other public officer designated for the purpose by policy or decisions. (Art 2 for the Protection of the Commissioner of Police or the Secretary to Human Rights Act of 1998). the Cabinet, as the case may be » and « The officer whose services are utilised under D. Regulation subsection (1) shall investigate any matter pertaining to an enquiry held by the Commission Is there a water regulator established by law? and submit a report thereon to the Commission within such time as may be specified by the Commission. » In Mauritius there is no regulator established by law. 7. Does the national human rights institution have the authority to monitor how 1. Is the water regulator an independent remedies for violations of rights to water entity? and sanitation are implemented by

governmental authorities, service providers No information found or other agencies/entities? 2. What are the oversight mechanisms and Yes. The National Human Rights Commission Act responsibilities related to drinking water of Mauritius has the authority to monitor how supply and sanitation services of the remedies for violations of rights to water and regulator? 38

LEGAL COUNTRY MAPPING, Republic of Mauritius

No information.

3. How are the actions of those entities or institutions monitored and by whom? As much as possible, please inform on the different aspects of water and sanitation services: e.g. water quality, tariff setting, availability of water resources, service delivery, etc.?

No information found

LEGAL COUNTRY MAPPING, Republic of Mauritius Annex 1:

LEGAL COUNTRY MAPPING, Republic of Mauritius Annex 2

LEGAL COUNTRY MAPPING, Republic of Mauritius Annex 3 Annex 3