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Human Rights Committee Considers The Report Of Mauritius on its implementation of the provisions of the International Covenant on Civil and Political Rights

The Human Rights Committee this morning completed its consideration of the fifth periodic report of Mauritius on its implementation of the provisions of the International Covenant on Civil and Political Rights.

Presenting the report, Israhyananda Dhalladoo, Permanent Representative of Mauritius to the United Nations Office at Geneva, noted that Mauritius spared no effort to foster its development based on universal values of democracy, good governance, the rule of law, and the promotion and protection of human rights and fundamental freedoms, drawing on its cultural and ethnic diversity. Since the submission of its previous report, Mauritius had undergone profound structural changes with the creation in 2012 of a human rights division, a police complaints division, and a national preventive mechanism division within the national human rights commission. Parliament had also adopted the Equal Opportunities Act, establishing the equal opportunities commission, which embodied the clear commitment of Mauritius against all forms of discrimination. The Government also pursued discussions and consultations with relevant stakeholders to work towards an electoral reform that would suit the long-term interest of the country and that would have the following criteria: stability, fairness, inclusiveness, gender representation, transparency and accountability.

In the ensuing discussion, Experts welcomed the legislation adopted to ensure better anti-discrimination protection and anti-trafficking efforts, as well as amendments to the Criminal Code, the Criminal Appeals Act, and the Police Complaints Act. They regretted the lack of presence of civil society from Mauritius during the dialogue, and the fact that Mauritius was not a party to conventions on the status of refugees and on statelessness. Experts also raised the issue of the status of the Covenant in the domestic legal system, the appointment process for members of the national human rights commission, labour inspections, the participation of women in the public and private sector, discrimination based on sexual orientation and gender identity, voluntary termination of pregnancy, abolition of the death penalty, counter-terrorism laws and the restriction of bail and legal counsel for suspects under terrorism charges, and the elimination of barriers and restrictions to the right to vote for persons with disabilities. More information was requested about domestic violence and criminalisation of marital rape, abuse of elderly persons, corporal punishment, the fight against trafficking and the conditions of migrants workers, pre-trial detention, police investigations and prison overcrowding, collection of biometric data and metadata, the status of foreigners, refugees and asylum seekers, the juvenile justice system, and freedom of expression.

In his concluding remarks, Mr. Dhalladoo expressed sincere appreciation for the opportunity to engage in a dialogue with the Committee. He assured that the delegation had taken good note of all the insightful comments made by the Committee Experts, adding that the Government would give them due consideration within the confinements of the Constitution and the multicultural needs of the population of Mauritius.

Yuji Iwasawa, Committee Chairperson, took note of the progress made by Mauritius, namely the adoption of the Equal Opportunity Act, the establishment the equal opportunity commission and of the independent police complaints commission, as well as efforts towards the electoral reform. Nevertheless, concerns remained about a number of issues, among them the restriction of bail and access to legal counsel for terrorist suspects, gender-based discrimination, and discrimination based on sexual orientation.

The delegation of Mauritius consisted of representatives from the Attorney-General’s Office, the Prime Minister’s Office, and the Permanent Mission of Mauritius to the United Nations Office at Geneva.

The Committee will next meet on Tuesday, 24 October, at 3 p.m. to begin its consideration of the fifth periodic report of Cameroon (CCPR/C/CMR/5).

Report

The fifth periodic report of Mauritius can be read here: CCPR/C/MUS/5.

Presentation of the Report

ISRAHYANANDA DHALLADOO, Permanent Representative of Mauritius to the United Nations Office at Geneva, said that Mauritius had spared no effort to foster its development based on universal values of democracy, good governance, the rule of law, and the promotion and protection of human rights and fundamental freedoms, in order to build a nation where citizens remained at the very core of such development. The objective of the Government was to provide a human rights-based approach to the economic, social and cultural development of the country in order to enable citizens to enjoy a good quality of life, based on human dignity, equality of treatment, economic empowerment and social justice. As a multiracial and multi-ethnic nation, Mauritius had drawn on its diversity to build a cohesive and tolerant society based on shared values, such as respect, equality, unity, inclusion and solidarity. At the international and regional levels, Mauritius had not only acceded to the core human rights conventions, but it had also seen to it that those instruments had been to a large extent incorporated into domestic law. Since the submission of its previous report, Mauritius had undergone profound structural changes in 2012 with the creation of a human rights division, a police complaints division, and a national preventive mechanism division within the national human rights commission. Parliament had also adopted the Equal Opportunities Act, establishing the equal opportunities commission, which embodied the clear commitment of Mauritius against all forms of discrimination. The equal opportunities commission was mandated to address complaints alleging discrimination on the basis of one or more of 12 protected grounds under law, namely age, caste, colour, creed, ethnic origin, impairment, marital status, place of origin, political opinion, race, sex or sexual orientation. In line with the Government programme 2015-2019, the Government had recently established an independent police complaints commission to be chaired by a former judge of the Supreme Court, to replace the police complaints division for a more expeditious processing of matters related to police complaints.

As for the issue of the Chagos Archipelago, Mauritius reaffirmed its sovereignty over the archipelago which formed an integral part of its territory under both international and domestic law. The Chagos Archipelago had been illegally excised from the territory of Mauritius by the United Kingdom in 1965, in breach of international law and the United Nations General Assembly resolutions 1514 of 14 December 1960 and 2066 of 16 December 1965. In the wake of the illegal excision of the Chagos Archipelago, Mauritians of Chagossian origin who had been residing in the Chagos Archipelago had been forcibly and shamefully evicted by the British authorities from the archipelago, in total disregard of their human rights. Since then, Mauritius had relentlessly pursued all efforts for the completion of its decolonisation process, thereby enabling Mauritius to effectively exercise its sovereignty over the Chagos Archipelago. Mauritius had continuously received support from the African Union and the Non-Aligned Movement, as well as other friendly countries. The latest testimony of that international support was the adoption by an overwhelming majority of resolution 71/292 by the General Assembly on 22 June 2017 on the request for an advisory opinion of the International Court of Justice on the legal consequences of the separation of the Chagos Archipelago from Mauritius in 1965.

With respect to electoral reforms, the Government was sparing no effort to pursue discussions and consultations with relevant stakeholders to work towards an electoral reform that would suit the long-term interest of the country and that would have the following criteria: stability, fairness, inclusiveness, gender representation, transparency and accountability. In that context, the Government had established a ministerial committee in January 2016 to guarantee the better representation of women in the National Assembly. There had been a significant increase in the number of women participating in the past national elections, namely 17.5 per cent in 2014 as opposed to 10 per cent in 2010. As for women’s representation in decision-making bodies, it stood at 50 per cent on average, with about 47 per cent in the Supreme Court and 67 per cent in lower courts. The Domestic Violence Act had been subject to amendments in 2007 and 2011 in order to provide better protection of victims of domestic violence. To that end an advisory committee had been set up in 2014 under the aegis of the Ministry of Gender Equality, Child Development and Family Welfare. The Government had also set up the National Coalition against Domestic Violence Committee to work on an appropriate framework for the protection of victims of domestic violence. Concerning children, the Child Protection and Care Bill was one of the priority pieces of legislation which was expected to be introduced in the National Assembly in 2018. With respect to the recommendation to amend the Dangerous Drugs Act, the Government had set up a commission of inquiry in July 2015 to inquire and report on all aspects of drug trafficking in Mauritius. The commission had a mandate to look into the adequacy of existing legislation, the operational effectiveness of the various agencies involved in the fight against drug trafficking, and the adequacy of the existing resources, including human expertise technology and equipment, to detect and counter any attempt to introduce drugs in Mauritius. In conclusion, Mr. Dhalladoo confirmed that Mauritius’ periodic reports were prepared in consultation with the relevant stakeholders, including representatives of civil society and non-governmental organizations.

Questions by Committee Experts

Committee Experts welcomed the legislation adopted to ensure better anti-discrimination protection, and anti-trafficking efforts, as well as amendments to the Criminal Code, the Criminal Appeals Act, and the Police Complaints Act. However, they regretted the lack of presence of civil society from Mauritius during the dialogue, namely of the national human rights commission, and the fact that Mauritius was not a party to the refugee and statelessness conventions.

What measures had been taken to guarantee full respect for the human rights of the Chagossians living in Mauritius, especially their welfare fund? What was the status of the Covenant in the domestic legal system? Experts observed a rather monistic approach to the treatment of the Covenant within the domestic hierarchy of laws.         As for the Criminal Appeals Act, was the period spent in remand counted towards the sentence?

Turning to the national human rights commission, what was the appointment process for members of the commission in order to fully comply with the principles of transparency and participation? Experts also inquired about guarantees for the tenure of mandate holders, the high percentage of seconded staff and the lack of provisions regarding conflict of interest.

What procedures were in place for the implementation of the Committee’s views under the Optional Protocol and what measures had been taken to ensure full compliance with the views adopted in respect of the State party?

As for equality between women and men, what measures had been taken to effectively implement the Labour Law of 2013, especially with respect to inspections? What kind of measures could be recommended by labour inspectors? What were the results of the 55 cases resolved by the Equal Opportunities Commission? What kind of measures could the Equal Opportunities Tribunal order?

The participation of women in the private sector was a weakness of the State party’s policy. What measures had been taken to ensure that women could indeed progress to higher levels of participation in the private sector? What measures had been adopted to ensure that women could report cases of sexual harassment in full security?

Turning to discrimination based on sexual orientation and gender identity, Experts inquired about the State party’s plans to reform or abolish section 250 of the Criminal Code, by virtue of which any person guilty of the crime of sodomy or bestiality could be liable to penal servitude for a term not exceeding five years. What measures had been taken to combat homophobia? Were homophobic acts criminalised, as well as related hate speech?

As for voluntary termination of pregnancy, Experts welcomed the 2012 law that had amended the Criminal Code and had allowed abortion in a number of circumstances and situations. However, there remained confusion about the exact number of illegal abortions in the country.  How did the State party ensure that women were protected from the risk of stigmatisation? Abortion could take place if three licensed experts were in agreement. Had there been any cases of conscientious objection? What efforts had been made to raise awareness about sexual education and reproductive health, and family planning?

Was it impossible to modify the Constitution to abolish the death penalty? Was there any particular problem with the adoption of the Second Optional Protocol to the Covenant?

Speaking about legal measures in the area of counter-terrorism, Experts reminded of the concerns about the Prevention of Terrorism Act of 2002, namely the denial of bail for some terrorism-related offences and delayed access to legal counsel. Were any changes contemplated in law and policy? Another concern was the power to detain a person without a warrant. What was the timeline for bringing such individuals before a judge? How often had the Prevention of Terrorism Act been applied in the country?

Experts welcomed the commitment to increase women’s participation in politics and decision-making by 30 per cent. Which institutions or mechanisms had been established to monitor the impact of such measures? Did the State party envisage reflecting its commitment to increasing women’s participation in politics and decision-making not only at the local but also at the national level, notably within the National Assembly and the Cabinet?

What measures had been implemented to promote the inclusion of persons with disabilities in the professional sector, and to eliminate barriers and restrictions to the right to vote and be elected for persons with disabilities? How did the State party tackle discrimination based on a person’s HIV/AIDS status? Were there limits on the political participation of institutionalised persons with mental disabilities, intellectual or psychosocial disabilities? Would the State party consider adopting temporary special measures beyond the ones adopted for women’s representation in local elections?

What efforts had been made to eliminate article 16 of the Constitution, by virtue of which the prohibition of discrimination did not apply to personal status laws and to foreigners? Did the State party plan to add aggravated circumstances for racial discrimination in the Criminal Code dealing with hate crimes?

What measures had been taken to train judges, law enforcement forces, administrative officials and the general public about sexual orientation and gender identity in order to prevent discrimination against lesbian, gay, bisexual, transgender and intersex persons? Would the State party consider recognizing the marriage or partnership of same-sex couples?

As for domestic violence, was marital rape criminalised? How many shelters were available and what measures were available when police officers refused to register declarations in cases related to domestic violence?

With respect to violence against and abuse of elderly persons, how many complaints had been received in the past three years and how many public awareness campaigns had been conducted? Was abuse of elderly persons in institutional settings reported? What types of abuse had been recorded and what kinds of penalties had been handed down?

While corporal punishment seemed to be unlawful in schools, it was not fully prohibited at home. What progress had been made to prohibit corporal punishment in all settings? 

Replies by the Delegation

ISRAHYANANDA DHALLADOO, Permanent Representative of Mauritius to the United Nations Office at Geneva, reiterated that Mauritius took its reporting obligations with the utmost seriousness, adding that its late submission of the report should not be taken as a lack of commitment. As for the protection of the rights of the Chagossians, they were citizens of Mauritius and as such they enjoyed all the rights as any other citizens of Mauritius. The primary objective of the welfare fund was to integrate the Chagossians into society. Turning to the death penalty and the Second Optional Protocol to the Covenant, Mr. Dhalladoo explained that since 1995 Mauritius had commuted all sentences of the death penalty to imprisonment for life. Perhaps it was time for the Human Rights Committee to reflect on the incompatibility of the Second Optional Protocol with the legislation of the many countries that had not ratified it. The death penalty was a highly controversial issue in Mauritius. As for gender parity in the political arena, Mr. Dhalladoo reminded that there was a high spectrum of women in leading positions.

The delegation clarified that Mauritius as a small densely populated island had not yet adopted laws to grant refugee status and asylum. However, it was willing to review such cases and help them settle in third countries. Domestic legislation was construed to give effect to the Covenant provisions, but the treaties ratified by Mauritius were not automatically incorporated in the domestic legal system.

With respect to the amendments to the Criminal Appeals Act and the Criminal Procedures Act, the delegation explained that the amendments had given effect to the human rights division of the national human rights commission. The remand period was taken into account when looking at a sentence. Given the social fabric of the country and its multicultural character, the electoral reform demanded a lot of consultation. In addition, a three-quarter majority vote was necessary for constitutional reform.

The participation of women in the private sector was governed by the same laws as their participation in the public sector. Women could use the existing judicial remedies and make use of petitions to lodge complaints. Mauritius had made great progress in women’s representation in political life through the adoption of relevant electoral laws. The Equal Opportunities Commission had the opportunity to refer cases to the Equal Opportunities Tribunal when mediation failed. Foreign women were allowed to work in Mauritius.

The Government intended to amend the Criminal Code to better deal with sexual offences, namely sodomy. However, that question was very sensitive in Mauritius and still had to be resolved by various stakeholders. The Government did not plan to amend the article on sodomy in the immediate future, even though it was aware that it should be addressed. As for the alleged case of police brutality based on sexual orientation and gender identity, the delegation noted that victims could refer their case to relevant authorities.

More awareness had been created in Mauritius regarding domestic and family violence. The Government did not have yet a legal framework for the protection of victims’ rights, but it was working on it.

The Prevention of Terrorism Act and all counter-terrorism laws had been drafted with the Covenant provisions in mind. The denial of bail was applied in a very limited number of cases. The delegation explained that adequate safeguards were inbuilt in those acts and that any charged person under terrorism charges enjoyed the rights afforded by the Constitution, such as the appearance in front of a judge within a reasonable amount of time and the provision of legal counsel. Amendments had been made in order to prevent terrorist acts, which were of global concern. 

Persons institutionalised in mental hospitals could not vote and the Government did not plan to change the current regulation. Disability and sexual orientation were part of prohibited discriminatory grounds. Due to the sensitivity of the issue, it would take some time until more progress had been made towards the recognition of same-sex marriage and partnership. Continuous professional development courses on human rights, including on disability and sexual orientation, had been developed for judges, lawyers and law enforcement personnel.

Marital rape was not defined as a separate offence, but it could be prosecuted under the offence rape of the Criminal Code. The Criminal Code already treated hate crimes, which were not frequent occurrences in the country.       

Corporal punishment was not prohibited in all settings, but it would be addressed as part of the review of the Child Protection and Care Bill. Nevertheless, corporal punishment could be prosecuted under the Criminal Code.

The protection of elderly persons was performed by protection units for the elderly and many public awareness campaigns had been conducted.  Most of the cases had been dealt with through counselling within the family context. Residential facilitates for the elderly would be equipped with medical staff and cameras in order to address relevant concerns.  

The delegation said that most common abuses against the elderly were of an emotional and physical character, including neglect. As for forced labour, Mauritius had ratified the relevant conventions of the International Labour Organization. The Employment Rights Act stipulated that a child under the age of 18 could not enter into an employment contract. In 2016 and 2017 labour inspections had not detected any cases of child labour. Nevertheless, children working in the agricultural sector and in the street had been reported. In order to strengthen the inspection of child labour, a specialised police unit had been set up, as well as a hotline.

The national human rights commission and the equal opportunities commission operated in full impartiality and had their own budgets voted by the National Assembly. The appointment of members of the equal opportunities commission was carried out by the President of Mauritius. The national human rights commission could advertise and recruit its own staff. The Equal Opportunities Tribunal was currently deliberating on 33 cases, out of which one had been dismissed. None of the cases had to do with sexual orientation and gender identity.  

The latest statistics on domestic violence showed that more women were coming forward to denounce such violence. There was legal advice and counselling available, as well as temporary accommodation in shelters for victims. The approach to domestic violence required a four-pronged strategy based on intervention, prevention, rehabilitation and reintegration. There had been research, coordination and monitoring, and awareness raising with respect to gender-based violence. The Government had set up the National Coalition against Domestic Violence Committee, which had recommended the establishment of a command centre for all issues pertaining to domestic violence.

There were currently two shelters for victims of domestic violence, as well as a shelter for women and children in distress. Another shelter would soon open in the western part of the country. Police officers were duty bound to record cases of domestic violence. Victims could report cases directly to the police headquarters.

Second Round of Questions by Experts

Experts asked for clarification on why there was a need to change the Constitution in order to ratify the Second Optional Protocol to the Covenant. How did the State party consider the denial of bail for drug related crimes in the context of terrorist charges? What sort of items or objects did the State party contemplate as raising suspicions of belonging to a terrorist group?

Who had the ultimate decision-making authority in coordinating the fight against trafficking? Experts observed the harsh living conditions and recruitment conditions for some migrant workers.

Why was there still a need for provisional charges? Had progress been made in adopting the new police and evidence legislation? How much information did the police need in order to make arrests? There were some due process concerns in that area.  Was there any intention to expand the use of video recording in police interrogations?

There was a concern that detainees were held for lengthy periods of time, especially in drug-related cases. How widespread was that problem in Mauritius and what were the criteria for determining the amount of bail? What was the fast-track process and how could it alleviate the problem of pre-trial detention? Had there been any cases when the use of DNA had led to exoneration?

As for biometric data and surveillance, was the State party considering the reintroduction of legislation on that issue? Had any surveillance of information and interception of private communication powers been used? What was the maximum retention time for metadata, and how was access to metadata governed? What safeguards were in place?

What was the number of investigations of complaints against State officials by individuals deprived of their liberty, and the nature of the violations and the State departments involved? Exerts also drew attention to cases of death in detention, and they inquired about the outcome of relevant investigations.

Was the Police Complaints Commission fully operational and what human and financial resources would be allocated to it? Experts observed that reducing pre-trial detention and recidivism would help to decrease prison overcrowding. There was also a concern about prison conditions, namely the lack of separation between different categories of prisoners. Violence in prisons was also a concern. 

As for measures to disseminate information about the Covenant and its Optional Protocols, Experts inquired about the ways of involvement of civil society. What other initiatives had been applied to raise awareness about the Covenant and its Optional Protocols among the widest possible public in Mauritius?

Were the hearings of serious drug-related cases still chaired by a judge of the Supreme Court? What measures was the State party considering to reduce excessively long detention under drugs-related charges? Would the State party consider amending legislation to reinstate provisional charges?

What major changes would be introduced in the juvenile justice system? Had the State party given due consideration to trials of children without legal representation? Had the State party decided on the minimum age for criminal responsibility? How many girls and boys were placed in youth correctional facilities? Which complaints mechanisms were in place for girls and boys in correctional centres?

As for foreigners, refugees and asylum seekers, Mauritius did not have a law on refugee status and asylum or on statelessness, but it had tried to treat applications on a humanitarian case-by-case basis. When would the Government set up a comprehensive legal framework to deal with vulnerable migrants? Would the Government consider acceding to the 1951 convention relating to the status of refugees and its 1967 protocol? Would it consider the ratification of conventions on statelessness? With respect to travel bans imposed on migrant workers and foreigners with HIV/AIDS, how many people had been affected by those restrictions?

Turning to the freedom of expression, Experts inquired about the criminalisation of sedition and about the number of cases prosecuted under those provisions. What were the obstacles to the establishment of private broadcast media and thus of media pluralism? How was independent oversight of the media guaranteed? What steps had been taken to adopt a freedom of information policy and what was its estimated date of adoption?

As for participation in political and public affairs, the issue of community affiliation remained problematic. What measures had been taken so that all communities were equally represented in the civil service and the Government, including at the highest level?  

Replies by the Delegation

ISRAHYANANDA DHALLADOO, Permanent Representative of Mauritius to the United Nations Office at Geneva, highlighted the importance of respecting different cultural practices in Mauritius. The Government could not be insensitive to the needs of different cultures in the country.

The delegation explained that the legal reasoning for drug-related cases and terrorism-related cases was decided by judges. Concerning the new amendment to the Prevention of Terrorism Act with respect to clothing and objects that could be associated with terrorist groups, the concerns of the public had been taken into account. Trafficking in persons was of concern for the Government which was making significant efforts to eliminate trafficking. The relevant inter-ministerial committee comprised numerous stakeholders and it held regular meetings.

With respect to provisional charges, they had been inherited from the British colonial system and could not be changed overnight. Police officers were empowered to arrest a person on reasonable suspicions. Video recordings of police interrogations were already applied to high-profile cases, whereas expansion to other offences required additional resources. The Government did not plan to reconsider the use of biometric data at the moment.

There was no potential for conflict between domestic legislation and provisions of the Covenant as the provisions were very similar. In addition, domestic legislation should be construed in a way that gave effect to the Covenant.  

The delegation noted that only a very limited number of detained persons were held in the same prison with convicted persons. A number of foreign prisoners had already been sent to their countries of origin. Prison overcrowding was no longer a problem in the country after the opening of a new prison facility. 

Lawyers were recruited by the Judicial and Legal Service Commission, whereas judges were appointed from the ranks of existing magistrates. The denial of bail was applied to persons charged under the Dangerous Drugs Act of 2000. However, the Commission of Inquiry would address that issue further.

The Juvenile Justice Bill was still being considered by relevant stakeholders. The Government would address the establishment of specialized juvenile courts, as well as the minimum age for criminal responsibility. Child perpetrators should be afforded a legal representative to ensure their defence.

There were no laws and policies on refugees and asylum seekers due to a stretch in financial resources and geographical constraints. The Government did not envisage to set up an agency to screen asylum seekers in the future. Nevertheless, those in danger of persecution in their countries of origin would not be deported from Mauritius. The Deportation Act set out relevant safeguards for judicial review. Mauritius was not considering the ratification of conventions on refugees and statelessness.

Turning to the question about the travel ban on persons with HIV/AIDS, the delegation noted that Mauritius had one of the most progressive laws on HIV/AIDS. Due to its small size and dense population, the Government maintained the travel restrictions. 

The Government would take into account Experts’ comments on expanding the grounds for discrimination. Disability might be the next ground to be considered.

The Prime Minister’s Office would proceed with a bill on freedom of the media and with a freedom of information act. There were legal safeguards that allowed the Media Board to operate in an independent manner.

Since 2013, cases of police brutality had been referred to the police complaints unit of the national human rights commission. An independent police complaints commission had been established and it would be chaired by a former Supreme Court judge.     To ensure that all communities were equally represented in the civil service and the Government, there was no legal provision that privileged one or another ethnic, racial or religious group. Recruitment in the civil service was based on meritocracy, but there were actions taken in favour of minorities.

Since 2011 the Government had taken the responsibility to educate and sensitize the population about human rights, including about the Covenant, through citizens’ bureaus around the island. The national human rights commission and the equal opportunities commission had implemented human rights programmes in youth centres and schools. The forthcoming activities included an update compendium of the concluding observations of human rights bodies, and publishing of a five-year digest on human rights in Mauritius.

Given the high number of non-government organizations in Mauritius, the Government usually asked the Mauritius civil society network to submit their input for the preparation of the country’s periodic report.

Follow-up Questions by Committee Experts

Experts regretted that the delegation had not provided specific answers to their questions. They reiterated questions about police’s fast-track detention powers, criteria for setting up bail, the need to change the Constitution in order to abolish the death penalty, and consultations about the electoral reform.

Based on which criteria was the political sensitivity about certain issues determined? What were the outcomes of the inquiries into deaths in custody? Why was the bill on the freedom of media still pending?

Replies by the Delegation

The delegation clarified that Mauritius had already put a moratorium on the death penalty in 1995 and that all such penalties had been commuted to imprisonment for life. However, the ratification of the Second Optional Protocol to the Covenant required constitutional change. The inquiries into cases of death in custody had still not been concluded.

Concluding Remarks

ISRAHYANANDA DHALLADOO, Permanent Representative of Mauritius to the United Nations Office at Geneva, expressed sincere appreciation for the opportunity to engage in a dialogue with the Committee. He assured that the delegation had taken good note of all the insightful comments made by the Committee Experts. The Government would give due consideration to them within the confinements of the Constitution and the multicultural needs of the population of Mauritius. Mr. Dhalladoo reiterated the commitment of Mauritius to the protection of human rights.

YUJI IWASAWA, Committee Chairperson, looked forward to receiving additional information from the delegation within the next 48 hours. He took note of the progress made by Mauritius, namely the adoption of the Equal Opportunity Act, the establishment of the equal opportunity commission and of the independent police complaints commission, as well as efforts towards the electoral reform. Nevertheless, concerns remained about the definition of terrorism, restriction of bail and access to legal counsel by terrorist suspects, gender-based discrimination and women’s participation in public and private sectors, discrimination based on sexual orientation, provisional charges, pre-trial detention, restrictions on the rights of persons under drug charges, and the juvenile justice system.

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Le Comité des droits de l’homme a examiné, les lundi 24 et mardi 25 octobre 2017, le rapport présenté par Maurice sur les mesures que le pays a prises pour appliquer le Pacte international relatif aux droits civils et politiques.

Présentant ce rapport, M. Israhyananda Dhalladoo, Représentant permanent de Maurice auprès des Nations Unies à Genève, a indiqué que l’objectif de son Gouvernement était d’aborder le développement social, économique et culturel du pays par une approche centrée sur les droits de l’homme, de manière à permettre à tous les citoyens de jouir d’une bonne qualité de vie basée sur la dignité, l’égalité de traitement, l’autonomisation économique et la justice sociale. Pays multiracial et multiethnique, Maurice tire parti de sa diversité pour créer une société unie et tolérante, guidée par le respect des traités internationaux relatifs aux droits de l’homme. Maurice ne se contente pas de ratifier ces traités, a souligné M. Dhalladoo: il les a intégrés dans une large mesure dans son ordre juridique interne.


S’agissant plus particulièrement de l’application du Pacte international relatif aux droits civils et politiques, Maurice a amendé la loi de 2012 sur la protection des droits de l’homme pour modifier en profondeur la structure de la Commission nationale des droits de l’homme, a fait savoir M. Dhalladoo: au sein de cette institution nationale, ont en effet été créés une division des plaintes contre la police ainsi qu’un mécanisme national de prévention de la torture. Toujours en 2012, le Parlement a adopté la loi portant création de la Commission de l’égalité des chances, a ajouté le Représentant permanent. Maurice a d’autre part lancé une réforme du système électoral, suite à une recommandation que lui a adressée le Comité des droits de l’homme en 2012. Quant à la loi sur la violence domestique, elle a été amendée en 2016 pour renforcer encore la protection des femmes. Le Représentant permanent a enfin réaffirmé la souveraineté de son pays sur l’archipel des Chagos, un territoire illégalement saisi par le Royaume-Uni avant l’indépendance de Maurice.

Au cours du dialogue qui s’est noué entre la délégation mauricienne et les membres du Comité, un expert a regretté que Maurice n’ait pas adhéré aux instruments internationaux relatifs aux réfugiés et au traitement des apatrides. Un autre expert a souhaité savoir si les autorités mauriciennes avaient l’intention d’abroger l’article du Code pénal sur l’homosexualité et la bestialité, qui est en tout état de cause contraire aux articles 2 et 26 du Pacte de par son caractère discriminatoire et stigmatisant. Le Comité a été saisi d’informations faisant état de mauvais traitements, voire de menaces de mort, contre les lesbiennes, gays, bisexuels et transgenres (LGBT) à Maurice ; cela pose la question de l’incrimination ou non, par la loi, de la discrimination au motif de l’identité de genre, a souligné ce même expert.


Un autre membre du Comité a observé qu’à la lecture du rapport, la situation ne semble pas avoir changé depuis 2005 s’agissant du refus systématique de libération conditionnelle de certaines personnes condamnées pour terrorisme et du retard avec lequel les justiciables ont accès à un avocat. Le problème général et structurel de la surpopulation carcérale exige sans doute de s’attaquer au problème des détentions provisoires et préventives, a pour sa part estimé un expert.

Outre M. Dhalladoo, la délégation mauricienne était composée de plusieurs représentants du Ministère des affaires étrangères ainsi que des services du Premier Ministre et du Procureur général. Elle a répondu aux questions qui lui étaient adressées par les membres du Comité s’agissant du traitement des personnes soupçonnées de terrorisme ; de la remise en liberté sous caution ; des mineurs en conflit avec la loi ; de la participation des femmes ; de la violence domestique ; de la législation relative à la sodomie ; de la défense des droits des victimes ; de la traite des êtres humains ; des questions de formation ; des questions d’asile ; ou encore de la situation des Chagossiens.

À l’issue de ce dialogue, le Président du Comité, M. Yuji Iwasawa, a fait observer que les experts du Comité avaient notamment exprimé des préoccupations concernant la définition du terrorisme ; les restrictions à la remise en liberté sous caution et à l’accès aux avocats ; la participation des femmes à la vie politique ; les limites de la loi antidiscriminatoire, qui ne concerne pas les étrangers, par exemple ; les « chefs d’accusation provisoires » ; les restrictions aux droits des personnes accusées de trafic de drogue ; ou encore la réforme du système électoral.

Le Comité adoptera ultérieurement, à huis clos, ses observations finales sur le rapport des Maurice et les rendra publiques à l’issue de la session, qui doit s’achever le vendredi 10 novembre prochain.

Le Comité entamera cet après-midi, à 15 heures, l’examen du Cameroun (CCPR/C/CMR/5).

Présentation du rapport de Maurice

Le Comité était saisi du cinquième rapport de Maurice (CCPR/C/MUS/5), ainsi que des réponses du pays à une liste de points à traiter que lui avait transmise le Comité.

Présentant ce rapport, M. ISRAHYANANDA DHALLADOO, Représentant permanent de Maurice auprès des Nations Unies à Genève, a déclaré que l’objectif de son Gouvernement était d’aborder le développement social, économique et culturel du pays par une approche centrée sur les droits de l’homme, de manière à permettre à tous les citoyens de jouir d’une bonne qualité de vie basée sur la dignité, l’égalité de traitement, l’autonomisation économique et la justice sociale. Pays multiracial et multiethnique, Maurice tire parti de sa diversité pour créer une société unie et tolérante, guidée par le respect des traités internationaux relatifs aux droits de l’homme. Maurice ne se contente pas de ratifier ces traités, a souligné M. Dhalladoo: il les a intégrés dans une large mesure dans son ordre juridique interne.

S’agissant plus particulièrement de l’application du Pacte international relatif aux droits civils et politiques, Maurice a amendé la loi de 2012 sur la protection des droits de l’homme pour modifier en profondeur la structure de la Commission nationale des droits de l’homme, a fait savoir M. Dhalladoo: au sein de cette institution nationale, ont en effet été créés une division des plaintes contre la police ainsi qu’un mécanisme national de prévention de la torture. Toujours en 2012, le Parlement a adopté la loi portant création de la Commission de l’égalité des chances, qui incarne l’engagement clair du pays contre la discrimination sous toutes ses formes, a ajouté le Représentant permanent. La Commission peut être saisie par des particuliers, des groupes de particuliers, des corps constitués ou même de manière anonyme, a-t-il précisé.

Le Représentant permanent a indiqué que son Gouvernement avait créé récemment une commission indépendante, présidée par un ancien magistrat de la Cour suprême et chargée de traiter efficacement les plaintes lancées contre des membres de la police.

Maurice a d’autre part lancé une réforme du système électoral, suite à une recommandation que lui a adressée le Comité des droits de l’homme en 2012: dans ce contexte, le Gouvernement vise à instaurer un système stable, équitable et inclusif garantissant la représentation de toutes les composantes de la société mauricienne. Le processus a bien avancé, notamment en ce qui concerne la question de la représentation des femmes et la déclaration obligatoire des communautés, a précisé M. Dhalladoo. La représentation des femmes dans les processus de décision est l’une des priorités des autorités, de même que la lutte contre les violences sexistes et domestiques, a-t-il ajouté. La loi sur la violence domestique a été amendée en 2016 pour renforcer encore la protection des femmes. D’autres modifications à la loi sont envisagées pour améliorer la protection des enfants; elles porteront, notamment, sur la question des châtiments corporels, a fait savoir M. Dhalladoo.

Le Représentant permanent a ensuite réaffirmé la souveraineté de son pays sur l’archipel des Chagos, un territoire illégalement saisi par le Royaume-Uni avant l’indépendance de Maurice et dont les habitants, les Mauriciens d’origine chagossienne, avaient été expulsés de force par les autorités britanniques, au mépris de leurs droits de l’homme. Depuis lors, Maurice n’a eu de cesse d’achever le processus de décolonisation de l’archipel afin de pouvoir y exercer effectivement sa souveraineté. Ce processus bénéficie de l’appui de la communauté internationale, a souligné le Représentant permanent, rappelant l’adoption, en juin dernier, de la résolution 71/292 de l’Assemblée générale relative à une « demande d’avis consultatif de la Cour internationale de Justice sur les effets juridiques de la séparation de l’archipel des Chagos de Maurice en 1965 ».

Butterfield to Acquire Global Trust Solutions Business from Deutsche Bank

The Bank of N.T. Butterfield & Son Limited (“Butterfield”) today announced that it has entered into an agreement to acquire Deutsche Bank’s Global Trust Solutions (“GTS”) business, excluding its US operations. Terms of the agreement were not disclosed.

Upon completion of the transaction, which is subject to regulatory approvals, Butterfield will take over the ongoing management and administration of the GTS portfolio, comprising approximately 1,000 trust structures for some 900 private clients. Butterfield is also offering positions to all employees who are fully dedicated to GTS in the Cayman Islands, Guernsey, Switzerland, Singapore and Mauritius. This will ensure continuity of service for clients.

Butterfield will partner with Deutsche Bank to provide trust solutions to Deutsche Bank’s clients on an ongoing basis.

Michael Collins, Butterfield’s Chairman and Chief Executive Officer, said: “Trust is a core business for us, and the acquisition of the Deutsche Bank Global Trust Solutions business enables us to add scale and professional bench strength to our trust operations in Switzerland, Guernsey and Cayman. It also provides us with a physical presence in Asia, which we view as a growth market for Butterfield. We look forward to welcoming GTS clients and staff to Butterfield and to the development of new business from an ongoing partnership with Deutsche Bank’s Wealth Management team.”

Fabrizio Campelli, Deutsche Bank’s Global Head of Wealth Management, said: “Butterfield is a well-known leader in the trust industry and we look forward to working with them to provide our clients with a broader product offering. The divestiture represents an important step in our strategy of simplifying our business and positioning Wealth Management for growth in our core markets.”

Butterfield has been providing trust and fiduciary services to international clients for more than 80 years. Its award winning trust business comprises over 200 professionals, based in The Bahamas, Bermuda, the Cayman Islands, Guernsey and Switzerland, who provide estate and succession planning services, efficient coordination of family affairs, and administration of complex holding structures for a wide variety of financial and non-financial assets. As of 30 September 2017, Butterfield Trust had Assets Under Administration of approximately USD 95.2 billion.

The transaction is expected to close in the first half of 2018, subject to customary closing conditions.

Statement from Appleby: Media coverage of the offshore sector

Appleby has recently received enquiries from the International Consortium of Investigative Journalists (ICIJ) and a number of media organisations who are partners of the ICIJ. These enquiries have arisen from documents that journalists claim to have seen and involve allegations made against our business and the business conducted by some of our clients.

We take any allegation of wrongdoing, implicit or otherwise, extremely seriously. Appleby operates in highly regulated jurisdictions and like all professional organisations in our regions, we are subject to frequent regulatory checks and we are committed to achieving the high standards set by our regulators. We are also committed to the highest standards of client service and confidentiality. It is what we stand for. This commitment is unequivocal.

Appleby has thoroughly and vigorously investigated the allegations and we are satisfied that there is no evidence of any wrongdoing, either on the part of ourselves or our clients. We refute any allegations which may suggest otherwise and we would be happy to cooperate fully with any legitimate and authorised investigation of the allegations by the appropriate and relevant authorities.

We are an offshore law firm who advises clients on legitimate and lawful ways to conduct their business. We do not tolerate illegal behaviour. It is true that we are not infallible. Where we find that mistakes have happened we act quickly to put things right and we make the necessary notifications to the relevant authorities.

We are committed to protecting our clients’ data and we have reviewed our cyber security and data access arrangements following a data security incident last year which involved some of our data being compromised. These arrangements were reviewed and tested by a leading IT Forensics team and we are confident that our data integrity is secure.

We are disappointed that the media may choose to use information which could have emanated from material obtained illegally and that this may result in exposing innocent parties to data protection breaches. Having researched the ICIJ’s allegations we believe they are unfounded and based on a lack of understanding of the legitimate and lawful structures used in the offshore sector.

The ICIJ themselves recognise the legitimacy of the offshore sector with the following statement on their website: “There are legitimate uses for offshore companies and trusts. We do not intend to suggest or imply that any people, companies or other entities included in the ICIJ Offshore Leaks Database have broken the law or otherwise acted improperly.”

MEDEF Paris magazine: C’est à vous! hors-série spécial « Maurice » (Octobre 2017)

Il y a beaucoup à faire entre la France et Maurice qui partagent de nombreux enjeux économiques. Vous le découvrirez dans ce hors-série, ainsi que toutes les informations pour implanter ou développer vos relations commerciales à Maurice.

OECD - Governments rapidly dismantling harmful tax incentives worldwide: BEPS Project driving major changes to international tax rules

Governments have dismantled, or are in the process of amending, nearly 100 preferential tax regimes as part of the OECD/G20 BEPS standards to improve the international tax framework, according to a progress report released today.

The report provides details on the outcome of peer reviews undertaken of 164 preferential tax regimes identified amongst the more than 100 jurisdictions participating in the OECD Inclusive Framework on BEPS.

The OECD/G20 BEPS Project delivers solutions for governments to close the gaps in existing international rules that allow corporate profits to “disappear” or be artificially shifted to low or no tax environments, where companies have little or no economic activity. Revenue losses from BEPS are conservatively estimated at USD 100-240 billion annually, or the equivalent of 4-10% of global corporate income tax revenues.

The BEPS Action 5 standard covers tax incentives (“preferential tax regimes”) that apply to mobile business income, such as financial and services income and income from intellectual property, which multinationals can shift with relative ease. To avoid a race to the bottom and negative spillover effects on other jurisdictions' tax bases, all 102 members of the BEPS Inclusive Framework have committed to ensuring that any regimes offered meet the criteria that have been agreed as part of BEPS Action 5. Crucially, this includes a requirement that taxpayers benefiting from a regime must themselves undertake the core business activity, ensuring the alignment of taxation with genuine business substance.

The Action 5 Progress Report on Preferential Tax Regimes includes the review of 164 preferential tax regimes offered by Inclusive Framework members against the Action 5 standard.

Of the 164 regimes reviewed in the last twelve months: 

• 99 require action;
• For 93 of these 99 regimes, the required changes have already been completed or initiated by Inclusive Framework members,
• 56 regimes do not pose a BEPS risk,
• 9 regimes are still under review, due to extenuating circumstances such as the impact of the recent hurricanes on certain Caribbean jurisdictions.

"Harmful tax practices are a particularly aggressive way through which jurisdictions can encourage the erosion of other jurisdictions' tax bases," said Martin Kreienbaum, Chair of the Inclusive Framework on BEPS. "It is critical that they be addressed, to protect the level playing field and prevent a race to the bottom. The Inclusive Framework's peer reviews are resulting in real changes to these tax incentives, making it harder for multinationals to artificially shift their profits around the world for a tax advantage."

"These outcomes demonstrate that the political commitments of members of the Inclusive Framework are rapidly resulting in measureable, tangible progress" said Pascal Saint-Amans, Director of the OECD Centre for Tax Policy and Administration. "The jurisdictions concerned are already working to address the harmful tax practices in their preferential regimes. In fact, countries have already changed or are changing almost 95 percent of the regimes where action is needed."

Inclusive Framework members have agreed an ambitious timeline, whereby jurisdictions whose regimes have harmful features are expected to adjust their regimes as soon as possible and generally no later than October 2018. The OECD will continue to publish the results of reviews of preferential regimes and the progress that jurisdictions are making to adjust them to reduce the risks posed to tax bases.

Oxford Economic Papers: Political institutions and economic growth in Africa’s ‘Renaissance’

In the late twentieth and early twenty-first centuries, many African states replaced authoritarian political regimes with competitive electoral systems; the economies of many also began to grow, some for the first time in decades. We argue that democratic reform led to economic growth, as did Acemoglu, Naidu, Restrepo and Robinson in an earlier paper. Our approach differs from theirs in that while we to seek to identify a causal relationship between democracy and development, we build our analysis around the qualitative accounts of regional specialists and the reasoning of political economists. Where others test for the existence of a causal account, we test for the existence of specific casual mechanisms.

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Oxford Economic Papers: Growth spillovers and market access in Africa

How much do countries in Africa benefit from their neighbours’ growth? This paper shows that neighbouring growth increases a country’s ‘foreign market access’ (FMA)—boosting export demand and increasing local output. Using luminosity data to exploit within-country variation, I find that between 1992 and 2012 domestic output responded to increases in FMA with an elasticity in the range 0.3 to 0.6. By reducing trade costs, countries can increase their FMA, and so increase the spillover of neighbouring growth into domestic growth.

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FSC Mauritius: Communiqué in relation to Meeting of high level Mauritian delegation with the Foreign and Commonwealth Office in the UK

The high level delegation led by Mr. Dev Manraj, the Financial Secretary is currently on mission in the United Kingdom met with representatives of the Foreign and Commonwealth Office (FCO) on 05 October 2017. Working sessions were held with Mr Tim Morris, Senior Trade Advisor for Africa at the Department for International Trade and with his team to apprise the FCO about the Africa strategy implemented by the Government of Mauritius to encourage business opportunities in Africa as a potent way of expanding the economic space; and the setting up of Special Economic Zones to accommodate investment and operations especially in Ghana, Madagascar, Senegal, Gabon and Ivory Coast. The delegation also advocated the comparative advantages of using Mauritius as an investment corridor between the United Kingdom and the rest of Africa. The representatives of FCO welcomed initiatives undertaken and expressed their strong interest in engaging in a formal partnership with the Government of Mauritius to further implement the Africa strategy.

A courtesy meeting was also held at the House of Lords. The delegation met with Lord Anthony St. John, who is driving the strategy for Africa on behalf the House of Lords, and is also an eminent expert on African affairs, financial services and information technology. Lord Anthony St. John is also strongly supportive of Mauritius Government’s policy decision to harness the benefits of Fintech revolution and establishing the appropriate regulatory framework to position Mauritius a Fintech Hub for Africa.

In addition to these meetings, the delegation met with different stakeholders and operators in the financial services sector.

Financial Services Commission

06 October 2017

FSC Mauritius: Communiqué in relation to high level delegation in the UK in the context of the setting up of the FCC

A high level delegation comprising Mr. Dev Manraj, the Financial Secretary; Dr. Navin Beekarry; Director General of the Independent Commission Against Corruption (ICAC); Mr Harvesh Seegolam, the Chief Executive of the Financial Services Commission (FSC), is currently on mission in the United Kingdom in the context of the setting up of the Financial Crime Commission. The delegation met with Mr David Green CB QC, the Director of the Serious Fraud Office (SFO) and his team on Wednesday 04th of October 2017 to discuss about the establishment of a best tailor-made model of the Financial Crime Commission for Mauritius. In the same context, Dr. Navin Beekarry also had a series of meetings with the UK National Crime Agency (NCA) and the Crown Prosecution Office (CPS) in order to examine the UK model and experience on financial crime investigation and prosecution and how this model and experience can provide valuable lessons for Mauritius. The delegation also discussed about technical assistance on capacity building and areas of practice in modernising our practices in financial crime investigation and prosecution.

The Government is conscious that, with the increasing cross-border financial transactions, often facilitated by rapid technological developments, it is high time to develop a renewed financial crime enforcement strategy, adapted to the modern world. This new strategy to combating financial crime will not only strengthen the financial services sector, but will also make Mauritius a model in fighting financial crime for the region. In its commitment to relentlessly fight fraud, corruption and financial crime, it was announced in the Government programme 2015-2019, the establishment of the Financial Crime Commission as an apex body overseeing the ICAC, the Financial Intelligence Unit (FIU) and the Enforcement Department of the FSC. A Committee, under the Chairmanship of the Financial Secretary, comprising key stakeholders namely the Ministry of Finance and Economic Development, the Attorney General’s Office, the Ministry of Financial Services and Good Governance, the ICAC, the FSC, the FIU, the MRA and the Mauritius Police Force, is currently studying the best avenues to set up the Financial Crime Commission. The main Committee has set up a Working Group under the Chairmanship of the Director General of ICAC to submit proposals for the establishment of the Financial Crime Commission.

Financial Services Commission

05 October 2017

FT: Investing in Mauritius

The island nation reinvents itself as a launch pad for global investors in Africa, with both China and India as its key partners. We also take a look into Mauritius’ growing focus on cross-border banking activities, tourism, environmental challenges, and sugarcane industry.

Mauritius sets sights on becoming new Singapore

Indian Ocean island aspires to be trade and investment hub for Africa

Mauritius central bank cautious on moves into Africa

Despite concerns, the financial system is judged to be sound

Is Mauritius big enough for China and India?

Relations with Asian giants are central to development plans

Mauritius exposed to environmental risks

Action required to deal with global warming and natural hazards

Race on to build year-round tourism in Mauritius

Industry faces ‘challenges’, including how to entice visitors to spend more

Mauritius struggles with tax haven crackdown

OECD says island must not base future on leaching tax revenue from African neighbours

Mauritius planters plan ahead to beat EU sugar rush

A journey down any country road shows cane still hugely important to economy

Mauritius sugar growers hope for rum success

Changes to European sugar quotas give distilleries taste for global markets

IMF - Understanding Correspondent Banking Trends: A Monitoring Framework

The withdrawal of correspondent banking relationships (CBRs) remains a concern for the international community because, in affected jurisdictions, the decline could have potential adverse consequences on international trade, growth, financial inclusion, and the stability and integrity of the financial system. Building on existing initiatives and IMF technical assistance, this paper discusses a framework that can be readily used by central banks and supervisory authorities to effectively monitor the developments of CBRs in their jurisdiction. The working paper explains the monitoring framework and includes the necessary reporting templates and an analytical tool for the collection of data and analysis of CBRs.