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TITLE: MAURITIUS HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995

                           MAURITIUS


Mauritius is a parliamentary democracy governed by a Prime
Minister, a Council of Ministers, and a National Assembly.  The
Head of State is the President, who is nominated by the Prime
Minister and confirmed by the Assembly, and whose powers are
largely ceremonial.  Fair and orderly national and local
elections, supervised by an independent commission, take place
at regular intervals.  There are numerous political parties,
both large and small, and partisan politics are open and
unrestrained.

Under civilian control, a paramilitary special mobile force and
a special supporting unit are responsible for internal
security.  These forces, under the command of the Commissioner
of Police, are backed by a general duty police force.  They are
largely apolitical and generally well trained, but police abuse
of suspects in custody continued to be a problem.

The economy is based on labor-intensive, export-oriented
manufacturing (mainly textiles), sugar, and tourism.  About 85
percent of cultivable land is planted with sugar cane.  The
country weathered well the global economic slowdown of the
early 1990's and is now attempting to diversify its economy by
promoting investment in new sectors, such as offshore companies
and electronics, and developing Mauritius as a regional
financial center.

Although political and civil rights are protected under the
Constitution and generally respected in practice, some human
rights abuses occurred in 1994.  One drug-trafficking suspect
died under unexplained circumstances of injuries suffered while
in police custody.  In fighting drug trafficking, the National
Assembly passed a constitutional amendment that would give the
Government authority to detain without charge or trial those
persons suspected of illegal drug operations.  The Government
controls the electronic media tightly, and it used the Official
Secrets Act in October to detain briefly three journalists for
publishing an internal memorandum which had long been in the
public domain.  Worker rights continued to be a controversial
area, and the right to strike remains extremely limited.
Several highly publicized court cases illustrated the problem
of societal discrimination and violence against women.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
           Freedom from:

     a.  Political and Other Extrajudicial Killing

There were no reports of political killings, but a suspect in
police custody on drug charges burned to death in his cell.
The police initially called the death a suicide, but the
circumstances surrounding the death led human rights groups to
call for an independent investigation.  As a result, the
Commissioner of Police imposed disciplinary transfers on the
two officers in charge of the station where the death occurred,
and the Prime Minister called for a judicial inquiry into the
death.  This inquiry was scheduled to begin in early 1995.

     b.  Disappearance

There were no reports of politically motivated disappearances.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

While torture and inhuman punishment are prohibited by law,
there were regular well-founded reports of police brutality,
involving mistreatment of individuals on the street as well as
of suspects in custody.  The newly appointed Commissioner of
Police displayed a willingness to pursue such reports of abuse.

     d.  Arbitrary Arrest, Detention, or Exile

Under the Constitution, detained persons have the right to a
judicial determination of the legality of their detention.
Although the time limit for making this determination is not
specified in law, in practice it is usually made within 24
hours.  Bail is commonly granted.

In July the National Assembly passed legislation to amend the
Constitution to allow the Government to detain suspected drug
traffickers indefinitely without trial or the possibility of
bail.  At year's end, the President had not signed the
legislation, and it had not come into force.

Exile is legally prohibited and not practiced.

     e.  Denial of Fair Public Trial

The judicial system consists of the Supreme Court, which has
appellate powers, and a series of lower courts.  Final appeal
may be made to the Judicial Committee in the United Kingdom
(the Privy Council), and this is routine in the case of death
sentences.  There are no military or political courts.

The legal system has consistently provided fair, public trials
for those charged with crimes.  Defendants have the right to
private or court-appointed counsel.  The Supreme Court is also
charged under the Constitution with ensuring that new laws are
consistent with democratic practice.  The new legislation
allowing for the indefinite detention of drug traffickers (see
Section 1.d.) would amend the Constitution and therefore not be
subject to Supreme Court review.  There were a number of drug
trafficking trials held in 1994, and they were generally fair.

There were no instances in 1994 of executive interference with
the judiciary.  While legal experts express few worries about
overt manipulation of the judiciary by the executive, they are
concerned about political influence over the Commissioner of
Police, the Director of Public Prosecutions, and a newly
established anticorruption tribunal.  Nevertheless, the
Government was responsive to publicity and public concern about
particular instances of corruption and cronyism.

There were no political prisoners in 1994.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

The sanctity of the home is provided for in law and generally
respected in practice.  The search of personal property or
premises is allowed only under clearly specified conditions by
court order or by police action in stopping a crime in
progress.  There were reliable reports that the Government's
intelligence apparatus continued to carry out illegal
surveillance of local opposition leaders and other major
figures.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

Freedom of speech and press is protected by the Constitution
and local tradition and is largely respected in practice.
Debate in the National Assembly is lively and open.  While
there are occasional complaints of government influence in
editorial policies, over a dozen privately owned daily, weekly,
and monthly newspapers present varying political viewpoints and
freely express partisan views, most recently in articles
hitting at corruption in government.

The Government has the ability to counter press criticism by
using strict libel laws; however, the Government did not use
these laws to inhibit the press in 1994.  The Director of
Public Prosecutions dropped its appeal in the 1991 case of two
journalists charged with giving out false information
concerning a sea captain accused of fishing in Mauritian
waters.  Libel suits between private parties are quite common.

The Government used the Official Secrets Act in October to
arrest two editors and the managing director of the weekly
magazine Le Mag, ostensibly for publishing an internal
document.  The document, which was embarrassing to a public
official, had been in the public domain for over a year.
Amidst an outcry from the opposition and the press, the Prime
Minister subsequently said the Commissioner of Police had acted
legally but overzealously.  After less than 24 hours, the
police released the three on bail, but with charges and
possible court action still pending at year's end.

The Government controls the most important media, television
and radio.  These remain an official political and cultural
tool, with programming and editorial policies generally
reflecting government interests.  The Government gives
opposition politicians negligible broadcast time.  Although
there has been much discussion about liberalization of the
airwaves, private organizations (commercial or political) are
not authorized to own or operate broadcast stations.  In
December the Government decided to authorize the importation of
"television reception only" (TVRO) satellite dishes.
Regulations implementing the decision, including provision for
a registration fee, had not been issued at year's end.

The Government generally respects academic freedom but from
time to time censors books.  In 1994 the Government banned the
sale of the book "The Rape of Sita," charging that the title of
the book (which refers to the Hindu goddess) would offend the
country's Hindu population.

     b.  Freedom of Peaceful Assembly and Association

Political, cultural, and religious assemblies are commonplace.
Under the 1991 Public Gathering Act, police permission is
required for holding demonstrations and mass meetings.  The
grounds for denial are very specific, and such permission is
rarely refused.  Groups have the right to challenge police
denials but complain that the time involved in the appeals
process often renders the final outcome moot.  The police did
not interfere with an unauthorized gathering in front of
Parliament of journalists and others who were protesting the
arrest of three media colleagues (see Section 1.d.).

Mauritians enjoy the right to form associations, including
political parties, trade unions, and religious organizations,
although in practice such organizations need government
approval in order to operate officially.  There are six
political parties represented in the National Assembly and a
comparable number of smaller parties without Assembly seats.
There are a multitude of other private organizations in the
country.

     c.  Freedom of Religion

There is no state religion, and the Government does not
restrict or interfere with worship by any religious
denomination.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

There are no restrictions on freedom of movement within the
country, foreign travel, or emigration.  However, there is no
blanket guarantee of repatriation of former citizens of
Mauritius.  Applications from Mauritians abroad who lost their
citizenship after acquiring a second nationality are handled on
a case-by-case and sometimes arbitrary basis.  There are no
refugees in Mauritius.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

Citizens have the right and ability to change their government
through democratic means.  Parliamentary, municipal, and
village council elections are held at regular intervals.  All
citizens 18 years of age and over have the right to vote and
run for office.

In the National Assembly up to eight members are appointed
through a "best loser" system, designed in part to ensure that
all ethnic groups are represented.  Political parties often
match the ethnicity of their candidates to the ethnic
composition of particular electoral districts.

While there are no legal impediments to women assuming
leadership roles, there are practical barriers.  Only 2 of the
National Assembly's 66 members are women, and there are few
women in leadership positions.  Neither the Government nor the
political parties have seriously tried to address this
imbalance.  There has been little public pressure for change in
this area, and few women are eager to enter the political fray,
preferring to pursue other careers.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

Local human rights groups monitor developments without
governmental restriction or interference.  There have been no
known requests by international organizations to investigate
human rights violations in Mauritius.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

The Constitution specifically prohibits discrimination on the
basis of race, caste, place of origin, political opinion,
color, or creed.  It is silent on questions of sex, disability,
or language (although the latter is essentially covered under
the provisions concerning race and place of origin).

     Women

Women have traditionally occupied a subordinate role in
society, and legal and societal discrimination continue.
Mauritian women cannot transmit citizenship to their
foreign-born children (as can Mauritian men), and foreign
husbands of Mauritian women cannot automatically obtain
residence and work permits (as can foreign wives of Mauritian
men).

Violence against women is widespread, particularly wife
beating, according to the Ministry of Women's Rights and Family
Welfare, attorneys, and nongovernmental organizations.  There
are no special provisions in Mauritian law concerning family
violence.  The police are generally reluctant to become
involved in cases of spousal abuse.  The issue received some
attention during 1994 through several highly publicized court
cases of alleged spousal murder.

The Government has tried to promote equality by eliminating
legal differentiations based on gender, e.g., in laws dealing
with emigration, inheritance, and jury service.  The Government
has appointed "desk officers" in most ministries who are
responsible for ensuring that gender issues are taken into
account in policy decisions, but it has undercut their
effectiveness by failing to give them enforcement powers.

     Children

Reported incidents of child abuse are infrequent and isolated,
though private voluntary organizations claim that the problem
is more widespread than publicly acknowledged.  At present,
most government programs are administered by the state-funded
National Children's Council, which provides counseling and
investigates reports of child abuse.  At the end of the year
the Government passed legislation which should provide it with
improved means of protecting child welfare.

     National/Racial/Ethnic Minorities

Discrimination on the basis of race, ethnicity, or caste is
prohibited by law, actively discouraged by the Government, and
not generally practiced.

     People with Disabilities

Mauritian law requires organizations which employ more than 10
people to set aside at least 3 percent of their positions for
people with disabilities.  The law does not, however, require
that work sites be accessible to the disabled, making it
effectively impossible for people with disabilities to fill
many jobs.  There is no law mandating access to public
buildings or facilities.

Section 6  Worker Rights

     a.  The Right of Association

The Constitution explicitly protects the right of workers to
associate in trade unions.  Mauritius has an active trade union
movement.  Almost 300 unions represent over 100,000 workers,
more than 25 percent of the total work force.  With the
exception of essential workers, including police and military,
workers are free to form and join unions and to organize in all
sectors, including in the export processing zone (EPZ).  Labor
unions are independent from the Government.  Unions can and do
press wage demands, establish ties to domestic political
parties, and address political issues.  Unions are free to
establish federations or confederations.

Under the industrial relations act (IRA), unions have the legal
right to strike.  In practice, however, the IRA requires a
prestrike 21-day cooling-off period, followed by binding
arbitration, which has the effect of making most strikes
illegal.  Moreover, the IRA states that worker participation in
a strike not approved by a court is sufficient grounds for
dismissal.  According to Ministry of Labor statistics, there
were four strikes in 1994.

Under the law, unions may and do establish ties with
international labor bodies.

     b.  The Right to Organize and Bargain Collectively

The right of employees to bargain collectively with their
employers is protected by law.  However, the collective
bargaining process is weakened by excessive government
intervention in the form of wage-setting in the state sector,
which is generally used as the basis for private-sector pay.
Wages are set by the National Remuneration Board (NRB), whose
chairman is appointed by the Minister of Labor.  About 12
percent of the labor force (480,000) works for national or
local government.  The IRA prohibits antiunion discrimination.
There is an arbitration tribunal which handles any such
complaints.

Mauritius has an export processing zone (EPZ) which currently
employs about 90,000 people.  While there are some EPZ-specific
labor laws, such as provisions allowing EPZ employers to
require up to 10 hours per week of paid overtime from their
employees, workers in this sector enjoy the same basic
protections as non-EPZ workers.  Statutory minimum wage levels
in the EPZ are somewhat lower than elsewhere, but due to the
country's labor shortage actual wage levels are nearly double
the minimum wage.

     c.  Prohibition of Forced or Compulsory Labor

Forced or compulsory labor is prohibited by law and not
practiced.

     d.  Minimum Age for Employment of Children

The legal minimum age for employment of children is 15.  The
Ministry of Labor is responsible for enforcement.  Reports of
underage children working illegally are uncommon.  While there
have been cases of children under 15 working in the EPZ, the
large, established EPZ factories do not hire children under 15.

     e.  Acceptable Conditions of Work

The Government administratively establishes minimum wages,
which vary according to the sector of employment, and it
mandates minimum wage increases each year based on inflation.
The minimum wage for an unskilled worker in the EPZ is $11 (188
Mauritian rupees) per week, while the lowest weekly wage for a
non-EPZ worker is about $12 (200 rupees).  While this is
significantly below the level needed to provide an acceptable
standard of living, the actual market wage for most workers is
much higher due to the present labor shortage.

The standard legal workweek in the industrial sector is 45
hours.  In the EPZ an employee may be required to work an
additional 10 hours per week, although at a higher hourly wage.

The Government sets health and safety standards, and Ministry
of Labor officials inspect working conditions.  The small
number of inspectors limits the Government's enforcement
ability.  Workers have the right to remove themselves from
dangerous work situations without jeopardy to continued
employment.