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effective on 24 April 200615. Since then, the ombuds-person makes
two working trips to Rodrigues every year, making it easy for citizens
living in Rodrigues to access the services of the ombudsperson
directly. Citizens have become gradually more aware of their rights
and more willing to defend them. The CRM believes that two trips
per year are not enough for the people of Rodrigues, given their
geographic isolation and low literacy rate. They make it difficult for
them to submit written complaints.
175.
176.
The Ombudsperson for Children Act of 2003 is a very commendable
legal instrument. It confers strong powers and wide-ranging
functions on the ombuds-person. The act allows the ombudsperson
to investigate complaints made to him or her.
177.
After hearing the minister of women’s rights, child development and
family welfare, and after considering reports that the ombudsperson
and NGOs submitted, the UN Committee on the Rights of the
Child noted in 2007 that there had been “insufficient facilities for
the rehabilitation of child victims of abuse and inadequate research
on critical areas concerning children”. Based on discussions with
different stakeholders, the CRM noted the need for more qualitative
studies on issues relevant to the rights of the child.
178.
The Child Protection Act of 1994 has been improved over the years
and is a good law. However, it needs amending to include issues
about the mentoring system and placing children with their next of
kin. The CRM noted that the ombudsperson for children has made
recommendations to amend the Child Protection Act, but progress
is rather slow.
179.
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The CRM noted that the ombudsperson has gone beyond his or her
formal mandate on occasions and has investigated, on his or her
own initiative, cases related to rights, like the right to access water,
which the constitution does not recognise yet. This supports the view
that the constitution should include economic, social and cultural rights
in order to ensure that they are protected regardless of the goodwill
of the office holder.
The 2007/2008 report of the Office of the Ombudsperson for
Children notes that the international community will celebrate
the 20th anniversary of the Convention on the Rights of the Child
on 20 November 2009. This is an opportunity for Mauritius to
consolidate efforts to comply fully with the convention. An amended
15 - 33rd Annual Report of the Ombudsperson, January to December 2006.
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children’s act, for example, would be a considerable step towards
children’s rights.
Reports on human rights
180.
The APR Panel commends the participatory process Mauritius used
and the comprehensive reports it submitted to the UN and AU.
However, it noted repeated delays in submitting reports. For instance,
it was only in 2008 that Mauritius submitted its second, third, fourth
and fifth combined reports on the African Charter on Human and
People’s Rights. More regular and timely reports will enable the
relevant treaty bodies to make recommendations in line with new
developments in human rights.
Rights of access to welfare
181.
The APR Panel welcomes Mauritius’s considerable efforts aimed at
ensuring universal education. The recent establishment of the ZEP
would help to reduce school dropouts. However, the CRM learnt that
the high level of school drop-outs (35 per cent) is not attributable solely
to the poor (in economic terms) environment in which students live.
More than one stakeholder has highlighted the language of tuition as
a possible reason for children dropping out of school. The NHRC and
the Office of the Ombudsperson have recommended using Creole
as a medium of instruction, at least in the early stages of primary
education. The CRM learned, during discussions with the MECHR,
about an ongoing pilot project by the Catholic mission on developing
written Creole. This is an opportunity to develop and formalise the
Creole language. The ministry is awaiting the results of the pilot
project to assess the benefits of introducing Creole as a fully fledged
language of instruction. In the meantime, the ministry is encouraging
teachers to use Creole as the language to support French and English.
The APR Panel believes that Mauritius needs an in-depth assessment
to ensure that introducing Creole to the education system does not
lead to more students from poor backgrounds being marginalised.
182.
Mauritius has put health at the heart of its socioeconomic development
agenda. Mauritius has promoted access to health as a fundamental
human right by guaranteeing free access to public health services.
The government’s priority is to provide universal, accessible and
efficient health services with proper emphasis on the concept of
‘customer care’, as it promised in its 2005 to 2010 programme. It also
promised to develop a patient charter that sets out patients’ rights
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