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31 July 2000
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CERD
57th Session
31 July 2000
Afternoon
The Committee on the Elimination of Racial Discrimination started this afternoon its consideration of the thirteenth and fourteenth periodic reports of Mauritius on how that country was implementing the provisions of the Convention on the Elimination of All Forms of Racial Discrimination.
Introducing the report, Satyajit Boolell, Assistant Solicitor-General of Mauritius, stated that his country was a young multi-ethnic, multi-religious and multi-cultural State. He said Mauritius was fully committed to the ideal that every individual, regardless of gender, ethnicity or race, was entitled to inalienable rights and freedoms; and it firmly believed that its strength as a nation relied on its diversity.
Francois Lonseny Fall, the Committee expert who served as country rapporteur to the report, said Mauritius respected the principle of democratic alternatives by holding regular elections to renew the mandates of the country's leaders. In addition, the country = s many racial groups had been leading a harmonious coexistence.
The delegation of Mauritius was also made up of Dhurmahdass Baichoo, Permanent Representative of Mauritius to the United Nations Office at Geneva; Usha Chandnee Dwarka-Canabady, Minister-Counsellor, and Shiu Ching Young Kim Fat, Second Secretary, at the Permanent Mission of Mauritius at Geneva.
Taking part in the discussion were Committee experts Deci Zou, Luis Valencia Rodriguez, Regis de Gouttes, Brun-Otto Bryde, Raghavan Vasudevan Pillai, Marc Bossuyt, Mahmoud Aboul-Nasr, Peter Nobel, and Michael E. Sherifis.
Mauritius is among the 156 States parties to the Convention and as such it is obligated to provide the Committee with periodic summaries of its efforts to implement the provisions of the treaty.
The Committee will continue its review of the report of Mauritius when its reconvenes at 10 a.m. on Tuesday, 1 August.
Report of Mauritius
The thirteenth and fourteenth periodic reports (document CERD/C/362/Add.2) enumerate the legislative and administrative measures undertaken by the State to implement the provisions of the Convention on the Elimination of All Forms of Racial Discrimination. However, the reports say that there has been no significant change in the general political structure since the presentation of the last periodic reports in August 1996. In 1998, a National Human Rights Commission had been established by an act of parliament with the view to better protecting human rights and to strengthen investigation of complaints against members of the police force.
The reports say that the growth of the Mauritian economy together with the demographic trends resulted in a tight labour market. Thus, foreign workers have been recruited to meet the labour shortage in the construction sector and the export processing zone. The reports further give account of the accomplishments made in the field of housing, health and social security, education and training, and cultural activities.
According to the core document, Mauritius is an island of 720 square miles found in the south-west of the Indian Ocean. It has a population of about 1.2 million.
Introduction of Mauritius' Report
SATYAJIT BOOLELL, Assistant Solicitor-General of Mauritius , stated that his country was a young multi-ethnic, multi-religious and multi-cultural State. It was fully committed to the ideal that every individual, regardless of gender, ethnicity or race, was entitled to inalienable rights and freedoms. Also, it firmly believed that its strength as a nation relied on its diversity.
Mr. Boolell continued to stress that although the country's Constitution already provided that no law should make any provision that was discriminatory either of itself or in its effect, the Government had now decided to enact legislation specifically guaranteeing equal opportunities to every Mauritanian person. The equal opportunities bill, which had been drafted with the help of foreign experts but had not yet been finalized, was likely to be concerned with discrimination in the fields of employment and training, in the provision of goods, facilities and services and in the education sector.
Recalling the recommendations of the Committee that the prohibition of discriminatory legislation found in section 16 of the Constitution of Mauritius be extended to all matters of private law, Mr. Boolell said the whole issue of a Muslim Personal Law was of a sensitive nature. The issue was referred to a committee set up by the Government in September 1998. The committee had now submitted an interim report to the Attorney General. It was observed that the introduction of a Muslim Personal Law would be restricted to marriage, divorce and devolution of property. It concerned those Muslims who had voluntarily declared that they wanted to be governed by the provisions of that law.
Mr. Boolell said that the Government was well aware that in a multi-ethnic, multi-religious and multi-cultural society like Mauritius, the management of pluralism was not an easy task and the risk of conflicts were high. The Government had taken affirmative action to promote equal opportunities, to offer everyone a fair chance to achieve success, and to eradicate discrimination wherever it existed.
Discussion
FRANCOIS LONSENY FALL, the Committee expert who served as country rapporteur to the report of Mauritius, said the country respected the principle of democratic alternatives by holding regular elections to renew the mandates of the country's leaders. In addition, the country's many racial groups had been leading a harmonious coexistence.
Referring to the delegation's assertion that Mauritius was a country which pursued the principles of respect for human rights, Mr. Fall asked why the Government did not make the declaration under article 14 of the Convention recognizing the Committee's competence to receive and consider communications from individuals claiming to be victims of a violation by the State of any of the rights set forth in the Convention.
Mr. Fall said that the report did not provide replies to the Committee's recommendations pertaining to article 4 of the Convention with regard to the condemnation of all propaganda and all organizations which were based on ideas of superiority of one race. No legal Mauritian provision provided for the implementation of article 4. The fact that no case had been entered before the courts between 1996 and 1999 for breach of the country's statutory provisions prohibiting racial discrimination should not justify that the Government should not take measures against racial discrimination.
Mr. Fall asked if racial tension surged within the employment market among the different Mauritian racial components or between Mauritians and foreign workers? What measures had been taken to resolve the problem?
Other Committee members also queried the delegation on various subjects. One expert referred to the February 1999 riots which broke out following the death of a popular singer of African origin and commonly referred to as " Creole" in a police cell, and asked for the results of any investigation concerning that incident. In addition, the expert asked whether the " Committee on Poverty", set up by the country's President with the aim of making severe poverty disappear by the year 2007 and to reduce poverty in general, had shown concrete results. In terms of racial representation in the country's political structure, the expert asked about the proportion of the different ethnic groups in the legislative bodies and in the public service.
Another expert asked if there was conflict within the law on marriage and divorce and persons practising Islam. According to the report, about 20 per cent of the Mauritian population consisted of Muslims, most of whom were in favour of a Muslim Personal Code.
Response of Mauritius
In a preliminary response to the questions raised by Committee experts, the members of the Mauritian delegation said that article 4 of the Convention would be covered under a new law to be enacted soon. In addition, the presumption of innocence was respected concerning persons involved in racial discrimination cases.
Concerning the demographic breakdown of the population according to race, the delegation said that the Government had a policy of considering all citizens as Mauritians without any difference. In addition, statistical data on social economic development would be made available in the near future.
Concerning the death of the popular Creole singer who died in police custody, a judicial investigation had been investigating the reasons for his death, the delegation said. However, no information was available yet. There was a fear that if the findings resulted in a racially motivated death, the already fragile situation might be shaken up. The Government was aware that it had to promote racial tolerance and brotherhood among its citizens, who were composed of different races.
Fundamental rights could be defended before the Supreme Court by individuals claiming that their rights had been violated by Mauritian authorities, the delegation said.
* *** *
57th Session
31 July 2000
Afternoon
The Committee on the Elimination of Racial Discrimination started this afternoon its consideration of the thirteenth and fourteenth periodic reports of Mauritius on how that country was implementing the provisions of the Convention on the Elimination of All Forms of Racial Discrimination.
Introducing the report, Satyajit Boolell, Assistant Solicitor-General of Mauritius, stated that his country was a young multi-ethnic, multi-religious and multi-cultural State. He said Mauritius was fully committed to the ideal that every individual, regardless of gender, ethnicity or race, was entitled to inalienable rights and freedoms; and it firmly believed that its strength as a nation relied on its diversity.
Francois Lonseny Fall, the Committee expert who served as country rapporteur to the report, said Mauritius respected the principle of democratic alternatives by holding regular elections to renew the mandates of the country's leaders. In addition, the country = s many racial groups had been leading a harmonious coexistence.
The delegation of Mauritius was also made up of Dhurmahdass Baichoo, Permanent Representative of Mauritius to the United Nations Office at Geneva; Usha Chandnee Dwarka-Canabady, Minister-Counsellor, and Shiu Ching Young Kim Fat, Second Secretary, at the Permanent Mission of Mauritius at Geneva.
Taking part in the discussion were Committee experts Deci Zou, Luis Valencia Rodriguez, Regis de Gouttes, Brun-Otto Bryde, Raghavan Vasudevan Pillai, Marc Bossuyt, Mahmoud Aboul-Nasr, Peter Nobel, and Michael E. Sherifis.
Mauritius is among the 156 States parties to the Convention and as such it is obligated to provide the Committee with periodic summaries of its efforts to implement the provisions of the treaty.
The Committee will continue its review of the report of Mauritius when its reconvenes at 10 a.m. on Tuesday, 1 August.
Report of Mauritius
The thirteenth and fourteenth periodic reports (document CERD/C/362/Add.2) enumerate the legislative and administrative measures undertaken by the State to implement the provisions of the Convention on the Elimination of All Forms of Racial Discrimination. However, the reports say that there has been no significant change in the general political structure since the presentation of the last periodic reports in August 1996. In 1998, a National Human Rights Commission had been established by an act of parliament with the view to better protecting human rights and to strengthen investigation of complaints against members of the police force.
The reports say that the growth of the Mauritian economy together with the demographic trends resulted in a tight labour market. Thus, foreign workers have been recruited to meet the labour shortage in the construction sector and the export processing zone. The reports further give account of the accomplishments made in the field of housing, health and social security, education and training, and cultural activities.
According to the core document, Mauritius is an island of 720 square miles found in the south-west of the Indian Ocean. It has a population of about 1.2 million.
Introduction of Mauritius' Report
SATYAJIT BOOLELL, Assistant Solicitor-General of Mauritius , stated that his country was a young multi-ethnic, multi-religious and multi-cultural State. It was fully committed to the ideal that every individual, regardless of gender, ethnicity or race, was entitled to inalienable rights and freedoms. Also, it firmly believed that its strength as a nation relied on its diversity.
Mr. Boolell continued to stress that although the country's Constitution already provided that no law should make any provision that was discriminatory either of itself or in its effect, the Government had now decided to enact legislation specifically guaranteeing equal opportunities to every Mauritanian person. The equal opportunities bill, which had been drafted with the help of foreign experts but had not yet been finalized, was likely to be concerned with discrimination in the fields of employment and training, in the provision of goods, facilities and services and in the education sector.
Recalling the recommendations of the Committee that the prohibition of discriminatory legislation found in section 16 of the Constitution of Mauritius be extended to all matters of private law, Mr. Boolell said the whole issue of a Muslim Personal Law was of a sensitive nature. The issue was referred to a committee set up by the Government in September 1998. The committee had now submitted an interim report to the Attorney General. It was observed that the introduction of a Muslim Personal Law would be restricted to marriage, divorce and devolution of property. It concerned those Muslims who had voluntarily declared that they wanted to be governed by the provisions of that law.
Mr. Boolell said that the Government was well aware that in a multi-ethnic, multi-religious and multi-cultural society like Mauritius, the management of pluralism was not an easy task and the risk of conflicts were high. The Government had taken affirmative action to promote equal opportunities, to offer everyone a fair chance to achieve success, and to eradicate discrimination wherever it existed.
Discussion
FRANCOIS LONSENY FALL, the Committee expert who served as country rapporteur to the report of Mauritius, said the country respected the principle of democratic alternatives by holding regular elections to renew the mandates of the country's leaders. In addition, the country's many racial groups had been leading a harmonious coexistence.
Referring to the delegation's assertion that Mauritius was a country which pursued the principles of respect for human rights, Mr. Fall asked why the Government did not make the declaration under article 14 of the Convention recognizing the Committee's competence to receive and consider communications from individuals claiming to be victims of a violation by the State of any of the rights set forth in the Convention.
Mr. Fall said that the report did not provide replies to the Committee's recommendations pertaining to article 4 of the Convention with regard to the condemnation of all propaganda and all organizations which were based on ideas of superiority of one race. No legal Mauritian provision provided for the implementation of article 4. The fact that no case had been entered before the courts between 1996 and 1999 for breach of the country's statutory provisions prohibiting racial discrimination should not justify that the Government should not take measures against racial discrimination.
Mr. Fall asked if racial tension surged within the employment market among the different Mauritian racial components or between Mauritians and foreign workers? What measures had been taken to resolve the problem?
Other Committee members also queried the delegation on various subjects. One expert referred to the February 1999 riots which broke out following the death of a popular singer of African origin and commonly referred to as " Creole" in a police cell, and asked for the results of any investigation concerning that incident. In addition, the expert asked whether the " Committee on Poverty", set up by the country's President with the aim of making severe poverty disappear by the year 2007 and to reduce poverty in general, had shown concrete results. In terms of racial representation in the country's political structure, the expert asked about the proportion of the different ethnic groups in the legislative bodies and in the public service.
Another expert asked if there was conflict within the law on marriage and divorce and persons practising Islam. According to the report, about 20 per cent of the Mauritian population consisted of Muslims, most of whom were in favour of a Muslim Personal Code.
Response of Mauritius
In a preliminary response to the questions raised by Committee experts, the members of the Mauritian delegation said that article 4 of the Convention would be covered under a new law to be enacted soon. In addition, the presumption of innocence was respected concerning persons involved in racial discrimination cases.
Concerning the demographic breakdown of the population according to race, the delegation said that the Government had a policy of considering all citizens as Mauritians without any difference. In addition, statistical data on social economic development would be made available in the near future.
Concerning the death of the popular Creole singer who died in police custody, a judicial investigation had been investigating the reasons for his death, the delegation said. However, no information was available yet. There was a fear that if the findings resulted in a racially motivated death, the already fragile situation might be shaken up. The Government was aware that it had to promote racial tolerance and brotherhood among its citizens, who were composed of different races.
Fundamental rights could be defended before the Supreme Court by individuals claiming that their rights had been violated by Mauritian authorities, the delegation said.
* *** *