Democracy and Political Governance Chapter 3 Chapter 3 Act (POCA) of 2002 and by establishing equally appropriate institutions like the Independent Commission Against Corruption (ICAC). The challenge of these bodies is to ensure that they do not target the small people while the more powerful ones continue with their corrupt dealings. 78. Despite its successes, the country faces additional challenges, problems and risks. 79. It might be necessary, for example, to resolve the problem of the official language, or languages, and to reflect the solution in an amended constitution rather than to continue with the current linguistic ambiguity. There is also the issue of coalition governments. These can help the democratic cause by preventing potential conflict and/ or reducing existing tension. However, it seems that coalition politics is beginning to cause some disquiet. This is because each of the three main parties has been either the ruling party or the official opposition since independence. These coalitions are increasingly seen as a sort of ‘club’. Parties or persons outside it are excluded and have no hope of ‘getting in’. Democracy requires that the Mauritians themselves answer the question of whether the situation is good for democracy. 80. The country’s constitution does not currently provide for specific economic, social and cultural rights like access to water, education and health. Citizens nevertheless enjoy them. It would be appropriate, therefore, if the country’s constitution included them. 81. Democracy is good, but it is a complex system of government. In addition, it sometimes appears contradictory. Citizens, for example, do not want discrimination. Some want special consideration. This is euphemistically called affirmative action. The problem is that affirmative action can create real or apparent inequality, which is undemocratic. Therefore, the challenge is to ensure or guarantee equality before the law and to outlaw all discrimination on the one hand, and to assist marginalised or disadvantaged groups, like women, the people of Rodrigues and disabled people, on the other. Could measures meant to assist one section of society unwittingly and practically be unfair to other members of the same society? What consequences could this have for democracy? 82. 70 There are other challenges. First, it is necessary to decide whether it is necessary for final appeals to go to the Judicial Committee of the Privy Council of the United Kingdom. Without this reform, appeals Democracy and Political Governance to this committee will remain the preserve of the rich. It is necessary for the civil service to pay more attention to the reports of the director of audit (the auditor general), since it appears that these are ignored. Mauritius has done very well in looking after the weaker members of its society, like the elderly and disabled people, and continues to do so. However, it faces a challenge with regard to women, who are not well represented in Parliament, councils or the Cabinet. Part of the explanation is that there are few women candidates. In addition, despite the Equal Opportunities Act of 2008 – yet to come into effect – the plight of most women is not likely to change significantly soon. This is because affirmative action is not considered appropriate as it opposes the principle of nondiscrimination. Mauritians will continue to face this issue as Mauritius pursues democracy. Mauritius cannot realistically answer these and similar questions immediately. Despite its success in handling diversity, for example, it might be necessary to amend the constitution so that it describes the people who are currently part of the ‘general population’ (those of African, European or mixed descent, but mostly Creole and French) in less discriminatory terms. 83. In the meantime, it is necessary for all people, especially those who consider themselves disadvantaged, and their leaders – particularly the elected ones – to take advantage of the government’s offer of free education at all levels. It includes, to some extent, tertiary education. This ‘offer’ might have weaknesses and limitations, like no lunch or assistance to buy school materials. However, it is not worthless. The parents or guardians should take advantage of it by sending their children or wards to school to acquire some knowledge, skills and positive attitudes. Leaders should also take advantage of it by encouraging the people to send their children to school. Government, in turn, should continue to provide this type of education and explore ways of improving its availability and quality. Providing education (by government) and taking advantage of it (by parents or guardians, their children or wards and their leaders), might be one of the best ways of promoting and protecting democracy and good governance and its various aspects like free and fair elections and people’s rights. 3.2 Standards and codes i. Summary of the Country Self-Assessment Report (CSAR) 71

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