Modernising the Electoral System
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Modernising the Electoral System “Electoral systems are rarely designed, they are born kicking and screaming into the world out of a messy, incremental compromise between contending factions battling for survival, determined by power politics”. Professor Pippa Norris, Harvard University (i) CONTENTS Foreword …………………………………………………………………………………….. 1 Introduction ………………………………………………………………………………… 4 Chapter 1: Origins of Universal Adult Suffrage in Mauritius and Pre-Independence Constitutional Developments ……… 10 Chapter 2: Report of the Constitutional Commissioner ………………. 16 Chapter 3: The Banwell Commission ……………………………………………. 20 Chapter 4: The Sachs Commission ……………………………………………….. 30 Chapter 5: The Select Committee Report …………………………………….. 35 Chapter 6: The Carcassonne Report …………………………………………….. 38 Chapter 7: The Sithanen Report …………………………………………………… 40 Chapter 8: The Best Loser System ……………………………………………….. 45 Chapter 9: The Need for Reform …………………………………………………. 57 Chapter 10: Proposals for Reform ……………………………………………….. 63 Chapter 11: Concluding Remarks …….…………………………………………… 70 Consultation Process …………………………………………………………………… 72 (ii) Foreword It has been forty-six years since our Constitution, along with its electoral system, was settled at Independence. This Constitution has undoubtedly been the bedrock of political and social stability in our country. However, it is time that we look at it again. We must bequeath to the next generations of Mauritians a system that is fit for the 21st century, that reflects the changes which have taken place since nearly half a century, which corresponds to the aspirations of younger generations, and whose firm foundations will endure at least as long as those our founding fathers gave to us. This document sets out Government’s stance on electoral reform as a first step towards constitutional reform. Government is publishing this document after careful reflection and study over the last several months. There have been seven Reports and Commissions that have looked into the electoral system of Mauritius, four of which date since 2000. Government has sought further expert advice and tested its preliminary conclusions against the principles which it believes should drive the reform of our electoral system. This document does not seek to rehearse the valuable work already set out in the previous Reports and Commissions. Instead it draws and builds on their findings. 1 Government believes that if we want to move ahead, there is no need to re- open the whole debate on every issue which has been canvassed in the past. We should instead focus on the issues where there is no general agreement, look at the different options and address them. It is a fact that there is no perfect electoral system and therefore, there never will be total agreement. What we need to strive for is broad agreement in order to modernise our Constitution and our electoral system. What is common to the post 2000 Reports and Commissions is the agreement on the need for reform and the search for a system that produces stable, responsive and fairly representative governments. Reform of the electoral system should, as I have been saying for many years now, reflect the aspirations of our citizens for unity and our unflinching faith in a single Mauritian identity. It should also create conditions conducive for more women to participate actively in public life. Any reform of our electoral system should maintain and reinforce the existing tendency to produce diverse and broad representation of all, including women. And it should do all this while preserving the cardinal merits of the existing system – namely stability and simplicity. It is crucial that after the votes are counted, a Government emerges which can be effective, decisive and stable. In other words, Government which emerges from a general election should be able to govern for the betterment of the nation. 2 Government believes that the proposals set out in this document constitute a pragmatic and solid foundation for the evolutionary reform that Mauritius needs at this junction in its history. This document starts by providing a brief overview of public debates on Constitutional and electoral reforms since 1956. Government trusts that this historical background will promote an informed debate on the issues that remain to be addressed. The proposals for reform are designed and built on the foundations established by the founding fathers of our nation. They offer a unique and practical solution, conceived and tailor-made for our specific realities. It was in this spirit that the fathers of our plural society crafted the Constitution that has served us well on our journey from Independence into mature nationhood. However, 46 years after our Independence, our Constitution and electoral system need to evolve to adapt to the changes which have taken place since then. The purpose of this document is precisely to create and foster a better understanding of Government’s intention to build consensus as far as possible and to provide opportunity for informed comments prior to the introduction of legislation to reform our electoral system, as a first step towards modernizing our Constitution. Dr the Hon Navinchandra Ramgoolam, GCSK, FRCP Prime Minister 24 March 2014 3 INTRODUCTION There is general agreement that, 46 years outcome of the election under the First- after our Constitution along with its Past-the-Post System. electoral system was bequeathed to us, it is time to review it. Reports and Commissions There have been seven reports and The purpose of this Consultation Paper is commissions that have considered the to set out the outline of proposals for electoral system of Mauritius. Three pre- electoral reform but instead of inviting date the Best Loser System while the views yet again on all the proposals other four have been written since 2000. discussed so far, Government has decided What is common to each of the latter is to narrow down the issues in contention, the agreement on the need for reform make firm proposals and to seek views while providing greater fairness in the only on specific options where there is no outcomes of general elections without broad agreement prior to introducing putting at risk stability and governability. legislation, within a fixed time frame. A modern, equitable electoral system The electoral system The fact that the issues set out in this The electoral system of Mauritius was Consultation Paper do not fully concur created in its current form at the time of with any of the last four reports does not Independence. It is, primarily, a mean that these previous efforts have multi-member cluster vote system been wasted. On the contrary, it was whereby MPs are elected in accordance important that the available alternative with the First-Past-the-Post System. Once routes were explored, debated and the votes are counted, a unique considered exhaustively, and the nation mechanism called the Best Loser System is owes their authors a considerable debt of applied to seek to balance the votes with gratitude. the numbers of electors from the four prescribed communities, in order that all Government believes that the issues set the four communities are adequately out in this Consultation Paper are represented without changing the intended to reflect not what is, in the abstract, the "ideal" electoral system but 4 rather Government's view as to what obligations. Following the observations of needs to be discussed in relation to the UNHRC and given the absence of a electoral reform in Mauritius and what is rationale for the existing constitutional likely to win consensus. provisions since the amendments of 1982, we must either resume gathering ethnic This document which is intended to be the and community data as part of the official precursor to legislation, if consensus can census or find a basis for reform. be reached, will be the first of several that will be published setting out There is general agreement that restarting Government's vision of renewing the process of collecting ethnic data democracy and the Constitution of would be divisive and not conducive to Mauritius. Other issues that need to be nation building. Further, the Supreme looked at include the funding of political Court has made clear that individuals parties. Government will publish its cannot be compelled to declare to which thinking on these issues in due course. community they belong to. The evolutionary reform of our electoral Government had clearly indicated, before system should not be the end of the UNHRC observations, that it was for constitutional renewal. Government the modernisation of the electoral system believes that there is a window of which would include subsuming the opportunity to modernise the existing requirements of the Best Loser Constitution of Mauritius further, and that System with a modern, more equitable it should be embraced. electoral system that ensures fair representation of all, including women. This consultation document will first summarise in broad terms the historical As will be seen, Government takes the context of the existing system and the view that there is already wide agreement significant steps taken so far on the road on a great deal of the essential to reform. It is against this background components of reform. that Government’s proposals and options However, no electoral reform would be must be seen and considered. acceptable to Government if all the Furthermore, Mauritius has always striven constituents of our rainbow nation were to comply with its