Executive Summary 1.26 The Special Mobile Force of the MPF acts in a similar role to an army, the Helicopter Squadron acts as the air force and the National Coast Guard as the navy. The designation ‘Mauritius Police Force’ does not convey the reality. The civilian wing (the ordinary police force in other countries) and the military wing (called ‘the armed forces of land, air and sea’ in other countries) make up the force. 1.27 Promoting and protecting economic, social and cultural rights as enshrined in African and international human rights instruments. Mauritius acceded to the International Covenant on Economic, Social and Cultural Rights in 1973. The country has established institutions responsible for guaranteeing the rights of citizens. They include the National Human Rights Commission (NHRC, which has a Sexual Discrimination Control Division), the Office of the Ombudsperson, the Office of the Ombudsperson for Children, the Truth and Justice Commission, and the Human Rights Centre. 1.28 However, some more improvements are needed. In particular, Mauritius should consider amending the constitution to include economic, social and cultural rights (like access to water, education and health). Mauritians already enjoy these rights. Mauritius therefore needs to increase legal protection, amend the Child Protection Act to improve the protection of children’s rights, and clarify issues about the mentoring system and the placement of children with their next of kin. 1.29 The separation of powers, including protecting the independence of the judiciary and the legislature. The 1968 constitution has not changed much, except for establishing a republic in 1992. The constitution emphasises ‘equal opportunity’ and not ‘affirmative action’. Section 16 (subsection 3) guarantees Mauritians protection from discrimination based on race, caste, place of origin, political opinions, colour, creed or sex. The constitution implies ‘separate powers’, but does not state this. One must read the various parts of the constitution, including the manner of appointing and removing judges, to appreciate it. 1.30 8 Sections 81 to 83 of the constitution describe the hierarchy of courts in Mauritius. The highest court in the country is the Judicial Committee of the Privy Council of the United Kingdom. The Supreme Court is subordinate to this committee. Its judges (although different from those who decide cases when they are argued in the Supreme Court) also serve in the Court of Criminal Appeal and the Court of Civil Executive Summary Appeal. Below these are the intermediate courts. District courts are the lowest courts. Appeals to the Judicial Committee of the Privy Council of the United Kingdom were apparently introduced to assure communities (especially the small minorities) that they have judicial protection. The arrangement is satisfactory on the surface. It does suggest, however subtly, that British rule continues. It is also costly. 1.31 There is some confusion about the dual function of the Supreme Court. It sometimes sits to hear appeals from lower courts. This is not a challenge. At other times, it sits as an appeal court to hear appeals against decisions that one of its colleagues has made. However, its judges are the same – except for the judge who heard the case that is being appealed. For ‘people in the know’ (especially the lawyers and judges), this is not an issue. For people outside the legal profession, on the other hand, there is the perception that this arrangement breeds bias in favour of the judge who made the contested decision and against the appellant. Mauritius established the Presidential Commission as far back as 1997 as part of its judicial reform. It examines and reports on the structure and operation of the judicial system and legal professions. Lord Mackay of Clashfern (whose report is known as the Mackay Report of 1998) chaired the commission. It made a series of recommendations about making the justice system more efficient so that it can accomplish its purpose better by serving the people. Mauritius has implemented several of these recommendations. However, it has not implemented the one calling for the reorganisation of the Supreme Court into two sections – a court of appeal and a high court. 1.32 Accountability, efficiency and effectiveness of public officers and civil servants. The Ministry of Civil Service and Administrative Reforms (MCSAR) controls the ‘traditional’ Mauritian civil service. It has about 50,000 employees. The larger public service – which includes the ‘traditional’ civil service, local governments and parastatals – has about 80,000 employees at various grades. The service has been true to its vision of “creating a modern and efficient public service to ensure good governance and achieve excellence in the delivery of public services”. It remains politically neutral. It has faithfully served nine governments and, since 1968, has played its role of assisting elected governments to develop policies and to implement them. 1.33 The civil service has introduced a number of measures to improve public services. They include introducing quality management and customer care, setting standards for service delivery, securing 9