CCPR/C/79/Add.60
English
Page 3
14. The Committee is concerned that excepting personal laws and foreigners from
the prohibition of discrimination - as set forth in section 16 of the
Constitution - results in a violation of article 26 of the Covenant.
15. The Committee notes with concern that the problem of domestic violence has
not yet been the object of appropriate measures.
16. The Committee expresses its concern over the provisions in the thus far
non-implemented Dangerous Drugs Act 1995 under which an arrested person may be
held incommunicado at the discretion of a police officer.
17. The Committee notes with concern that the powers of detention provided for
in sections 5 (1) (k) and 5 (4) of the Constitution are incompatible with
article 9 (3) and (4) of the Covenant.
18. The Committee is concerned that the legislation of Mauritius has not yet
been brought into line with article 11 of the Covenant.
19. The Committee is concerned at the extent of de facto limitation on the
freedom of expression, as exemplified by the banning of two recent literary
works without legal measures having been taken to that effect, and at penal
offences relating to libel and the dissemination of false news. Extra-legal
restrictions on freedom of expression are not compatible with the Covenant.
20. The Committee takes note with concern of the requirement that prior
notification be made seven days before any public meeting is held in order to
obtain permission from the Commissioner of Police.
21. The Committee is concerned by difficulties faced by those working in the
Export Processing Zone in the enjoyment of their rights under article 22 of the
Covenant.
E.
Suggestions and recommendations
22. The Committee emphasizes the need for a legal machinery enabling
individuals to enforce all the rights enshrined in the Covenant before domestic
courts.
23. The Committee recommends that all grounds on which discrimination is
prohibited, as identified in articles 2 and 26 of the Covenant, be incorporated
in the relevant non-discrimination provisions of the Constitution and that the
provisions be extended to cover aliens. It further recommends that
section 16 (2) and 16 (4) (c) of the Constitution be amended to render them
compatible with articles 2 (1), 3 and 26 of the Covenant and that steps be taken
to introduce comprehensive anti-discrimination laws to cover all spheres, public
or private, protected by the Covenant. It is also recommended that the proposed
Equal Opportunity Commission consider whether affirmative action measures,
including educational measures, are necessary to overcome remaining obstacles to
equality, such as outdated attitudes concerning the role and status of women.
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