NATIONAL HUMAN RIGHTS COMMISSION MAURITIUS ANNUAL REPORT 2018 NATIONAL HUMAN RIGHTS COMMISSION PORT LOUIS - MAURITIUS March 2019 His Excellency Mr. Paramasiven Vyapoory G.O.S.K. Ag. President Republic of Mauritius State House REDUIT Your Excellency. In compliance with Section 11 of the Protection of Human Rights Act 1998 I have the honour to submit to you the Annual Report of the National Human Rights Commission of Mauritius for the period 1 January 2018 to 31 December 2018. Yours faithfully, Dheerujlall B. Seetulsingh, S.C. Chairman 2nd Floor, Renganaden Seeneevassen Building, Jules Koenig Street, Port Louis Tel. Nos. (230) 208-2856/57, (230) 208-2718, Fax No. (230) 208-2858 E-mail address: [email protected] THE NATIONAL HUMAN RIGHTS COMMISSION COMPOSITION AS AT 31 DECEMBER 2018 Chairperson Mr. Dheerujlall Baramlall SEETULSINGH, S. C. Human Rights Division Deputy Chairperson Mrs Marie Lourdes Lee Ying LAM HUNG Members Mr. Samioullah LAUTHAN Mr. Jacques Jonathan RAVAT National Preventive Mechanism Division Deputy Chairperson Mr. Mohamed Idbal TORABALLY Members Mrs Namrata GAYA-TEELUCKDHARRY Mr. Joseph Gabriel Michel VIEILLESSE Police Complaints Division (Up to 14 April 2018) Deputy Chairperson Mrs Marie Lourdes Lee Ying LAM HUNG Members Mrs Marie Desiree Ariane OXENHAM Dr. Satiss GOWRY NATIONAL HUMAN RIGHTS COMMISSION STAFF – YEAR END 2018 TITLE NAME Deputy Permanent Secretary Mrs Nalini PAYNEEANDEE Office Management Executive Mrs Gaitry HASOWA Human Resource Executive Miss Roumishka GOOLJAR Financial Officer/SFO Mrs Tanooja PAHLADI Procurement & Supply Officer Mrs Feryale RAWAT Office Management Assistant Mrs Seema Devi LUCKHO Confidential Secretary Mrs Jeenee SEEVATHEAN Mrs Youn Lung LAI CHEK Miss Prayogeeta RAMDHAREE Mrs Gayetree JHURRY Barrister at Law Ms Diksha Lumbini BEEHARRY Investigator Mr. Nivish Varma CHUMMUN Ms Yohinivaani CHETALEE Ms Reema Tareshwaree CAMALAPEN Mr. Parveen Lord SEEBUN Human Rights Officer Mrs Marie Ange BAULACKY (EU Project) Ms Heyashi GUNESH Ms Loveena SAW SUNGKUR Management Support Officer / Mrs Moi Lin LEUNG FOR SANG Human Rights Officer Mr. Kamdev PATANDIN Mrs Ridhimah HURLOLL Mrs Pareezad BANNOO-RUSMAULLY Mr. Prithvi Kumar SUJEEUN Word Processing Operator Mrs Joëlle Marie Christine ANDRE Office Auxiliary Mrs Manju GROODOYAL Mr. Akhileshsing SEAMBUR Driver Mr. Ramesh BHAGOBAN Mr. Soondress IYUMPERMAL Mr. Sridev RUNGLOLL CONTENTS CHAPTER I INTRODUCTION 1. Overview 2. The Welfare State 3. Specific issues 3.1 Electoral reform 3.2 The Ministry for Human Rights 3.3 Treaty Bodies and UPR 3.4 Migrant Workers 3.5 Climate Change and Environmen 4. Juge D’Application des Peines 5. EU Project 6. Compendium 7. Rodrigues 8. Women’s Rights 9. Elderly Persons 10. Legislation enacted in 2018 which promote human rights CHAPTER II HUMAN RIGHTS DIVISION 1. The Human Rights Division (HRD) and what it does? 2. Complaints 2.1 Who can make a complaint? 2.2 Types of Complaints 3. Complaint Process 3.1 Statistics 2018 3.2 Online 3.3 Referral Service 3.4 Conciliation Service 3.5 Complaints Disposed of 3.6 Pending Cases 3.7 Hearings 4. Key Achievements in 2018 4.1 Right to the issue of a Birth Certificate 4.2 Right to Freedom of Movement 4.3 Right to an Environment free of noise pollution 4.4 Water effluent form septic tank 4.5 Rights of Elderly Persons 4.6 Medical Negligence cases 5. Recommendations 6. Human Rights Education 7. Human Rights Training CHAPTER III APPLICATION FOR REVIEW OF CASES CHAPTER IV NATIONAL PREVENTIVE MECHANISM DIVISION 1. Nature, Role and Scope of the NPMD 2. Prisons 2.1.1 Death in Prison 2.1.2 Findings 2.1.3 Observations 2.2 Infrastructure 2.3 Pre-Release Institutions 2.4 Food 2.5 Meeting with Relevant Stakeholders 2.6 Fire Safety Issues 2.7 Miscellaneous 3. Detention Centres 3.1 The Metropolitan Detention Centre 3.2 Vacoas Detention Centre 3.3 Moka Detention Centre 3.4 Le Chaland Immigration Detention Centre 3.5 The Mauritius Revenue Authority (MRA) Detention Centre 4. Police Cells 4.1 Port Louis Division 4.2 Northern Division 4.3 Southern Division 4.4 Western Division 4.5 Central Division 4.6 Eastern Division 5. Masking Exercise 6. Rehabilitation Youth Centres (RYC) and Correctional Youth Centres (CYC) 6.1 Rehabilitation Youth Centres (Boys and Girls) 6.2 Correctional Youth Centres (Boys and Girls) 7. Brown Sequard Mental Health Care Centre (BSMHCC) 8. Talks at Citizens Advice Bureaus (CAB) 2018 CHAPTER V POLICE COMPLAINTS DIVISION 1. The Strip and Search Case 2. PACE for Mauritius CHAPTER VI RODRIGUES Introduction 1. Places of Detention 1.1 Prison 1.2 Rehabilitation Youth Centre 1.3 Police Cells in Rodrigues 1.4 The Shelter 1.5 The Magistrate CHAPTER VII NHRC PROJECT WITH EUROPEAN UNION 1. Talks 2. Thematic Workshops held under the EU-Funded Project 3. External Resource Persons 4. Human Rights Bracelet Campaign 5. Achievements and the Way Forward CHAPTER VIII TREATY BODIES OBSERVATIONS 1. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) 2. Convention on the Elimination of Racial Discrimination (CERD) 3. Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) 4. The International Covenant on Economic, Social and Cultural Rights (ICESCR) CHAPTER IX OTHER IMPORTANT ISSUES 1. Cannabis 2. Illegal stay of Congolese Nationals 3. LGBT rights-Judgment of the Supreme Court of India 4. Statelessness 5. The Fourth Industrial Revolution: Artificial Intelligence and Big Data: A Human Rights Challenge? CHAPTER X HUMAN RIGHTS EDUCATION AND PROMOTION LIST OF ANNEXES ANNEX I Human Rights Division Statistics 2018 ANNEX II National Preventive Mechanism Division Statistics 2018 ANNEX III Police Complaints Division Statistics ANNEX IV CAT - Concluding Observations ANNEX V CERD - Concluding Observations ANNEX VI CEDAW - Concluding Observations ANNEX VII ICESCR - Concluding Observations ANNEX VIII Universal Periodic Review (UPR) - Recommendations ANNEX IX African Commission on Human and Peoples’ Rights - Concluding Observations ANNEX X International Court of Justice - Summary of Advisory Opinion on Chagos Archipelago ANNEX XIa-ANNEXId Sensitization Campaign 2018 CHAPTER I INTRODUCTION THE NATIONAL HUMAN RIGHTS COMMISSION The structure of the NHRC underwent a radical change in April 2018 with the creation of an Independent Police Complaints Commission (IPCC). The IPCC took over the mandate of the Police Complaints Division (PCD) of the NHRC. Cases pending before the PCD were transferred to the new IPCC including a case of the death in police custody of a suspect alleged to be involved in dealing in synthetic drugs. 1. OVERVIEW “Human Rights” under the Protection of Human Right Act as subsequently amended, are the rights protected under Chapter II of the Constitution of Mauritius. These rights are mainly civil and political rights. Although in 2018 we celebrated the fiftieth anniversary of our Constitution, it was not possible to avail of the opportunity to make even a partial overhaul of our supreme law to include therein second generation rights, which are the rights to education, health, housing, social security, right to work, not to speak of third generation rights (right to clean water, right to development, right to a clean environment). The right to life may in certain situations encompass economic, social and cultural rights: a denial of the right to health or the right to a shelter or the right to social aid may, for example, put at risk the life of a person, but this is not always the case. 2. THE WELFARE STATE To a large extent, the provisions of the Welfare State in Mauritius afford second and third generation rights to Mauritian Citizens already. Any maladministration in the provision of such rights falls within the jurisdiction of the Ombudsman under Section 96 of the Constitution. Furthermore the different Ministries which administer economic and social rights have their own complaint mechanism. The Ministry of Health has a mechanism to deal with allegations of medical negligence. The Ministry of Social Security deals with old age pensions, social aid and compensation for incapacities. It has set up a Medical Tribunal to grant a hearing to claimants. The Ministry for Gender Equality has a Family Protection Unit to look into cases of domestic violence and a Child Development Unit to enforce laws protecting children. The Ministry of Labour has a Labour Inspectorate to enforce the Employment Rights Act and the Employment Relations Act. Labour Inspectors are also empowered to take cases before the Industrial Court in cases where employers are alleged to have violated the rights of workers. The Employment Relations Tribunal and the Mediation and Conciliation Commission hear disputes between employers and employees. A Special Unit caters for the protection of migrant workers who might be exploited by recruiting agents and dishonest employers. The State legislates every year to fix the quantum of additional remuneration to workers after giving a hearing to employers and to trade unions. A National Remuneration Board fixes the wages of various categories of employees. In 2017 a law was enacted to fix the minimum wage in Mauritius. The Ministry of Social Integration has the task of combatting absolute poverty, with the aim of attaining one of the major Sustainable Development Goals before 2030. The State has also put into place a Citizens Support Unit (CSU) under the aegis of the Prime Minister’s Office to attend to all kinds of complaints which can range from the bad state of roads or an inadequate water supply to the non-payment of pensions. Corporate Social responsibility is now a reality in Mauritius with funds being channeled through the Ministry to help NGOs such as those which shelter women in distress, orphans and children who have been abandoned by their parents. Thus there exists a full range of measures to protect economic and social rights in the country. 3. SPECIFIC ISSUES 3.1 Electoral Reform The matter of compulsory declaration of Community by candidates for general elections which has been criticized by the Human Rights Committee of the United Nations will however have to be attended to before the next General Elections.