CCPR/CO/83/MUS
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C. Principal subjects of concern and recommendations
5.
The Committee takes note of the continuing dispute between the State party and the
United Kingdom Government with respect to the legal status of the Chagos Archipelago,
whose population was removed to the main island of Mauritius and other places after 1965
(Covenant, art. 1).
The State party should make every effort to enable the population concerned who
were removed from these territories to fully enjoy their rights under the Covenant.
6.
The Committee reiterates its concern over the failure to integrate all the rights guaranteed
under the Covenant into national legislation, more particularly the maintenance of legislative and
constitutional provisions at variance with the Covenant. It stresses once again that the Mauritian
legal system does not provide effective remedies in all cases of violations of the rights
guaranteed by the Covenant (Covenant, art. 2). The Committee notes yet again that the
maintenance of article 16 of the Constitution, by virtue of which the prohibition of
discrimination does not apply to personal-status laws and to foreigners, might well result in
the violation of articles 3 and 26 of the Covenant.
The State party should give full effect to the provisions of the Covenant in its
domestic legislation prohibiting all forms of discrimination.
7.
While the Committee welcomes the establishment in April 2001 of the National Human
Rights Commission, it notes the Commission’s shortcomings in terms of guarantees of
independence in appointing and dismissing its members. Furthermore, the Commission does not
have its own budget and its investigative powers are restricted. Moreover, it often requests the
police to investigate the complaints submitted to it (Covenant, art. 2).
The State party should ensure that the Human Rights Protection Act 1998
establishing this Commission and its practice are in line with the Paris Principles.
8.
While the Committee welcomes the progress achieved with respect to gender parity
in the public sector, it notes with concern that few women are employed in the private
sector and in executive positions. It also remains concerned over the wage gap between
men and women. Finally, the participation of women in political life remains inadequate
(Covenant, arts. 3 and 26).
The State party should pursue and strengthen its measures to ensure that women
enjoy equal access to the private sector labour market, including executive positions,
and to equal pay for work of equal value. Women’s participation in political life
should also be enhanced through effectively applied positive measures.
9.
The Committee notes with concern that section 235 of the Penal Code penalizes abortion
even when the mother’s life is in danger, and thus may encourage women to resort to unreliable
and illegal abortion, with inherent risks for their life and health (Covenant, art. 6).
The State party should review its legislation to ensure that women are not forced to
carry pregnancies to term in violation of the rights guaranteed by the Covenant.