Executive Summary
and various discussions with a range of stakeholders, informed the
CRM of the persistence of corruption in the Mauritius Police Force
(MPF), the Customs Department of the Mauritius Revenue Authority
(MRA), and the National Transport Authority.
1.104 Since the adoption of the Prevention of Corruption Act (POCA) in
2002, the fight against corruption has taken a new turn, since this
law applies to all civil servants and individuals invested with public
authority (ministers, MPs, members of constitutional commissions,
etc.). POCA provided for the creation of ICAC, which is currently the
main player in the anticorruption drive. The legislature also plays
an important role via its Public Accounts Committee (PAC), which
monitors the effectiveness of the management of public finances.
In addition, MPs have the power to question the relevance and/or
transparency of the activities of the Central Executive. In recent years,
the combined efforts of ICAC and the judiciary have led to judicial
proceedings being instituted against ministers accused of acts of
corruption. Commonly the most likely occasion for corrupt practices,
during the interface between the public and the private sectors, is in the
awarding of public contracts However, POCA’s scope for intervention
is very limited in respect of corruption in the private sector. While the
state’s focus is on corruption in the public sector, the private sector’s
ability to defeat this scourge depends solely on voluntary initiatives
that seek to develop tools of good governance.
1.105 The absence of a legal framework covering the financial activities
of political parties as well as the corrupt behaviour of certain
candidates are both elements that damage the very foundation of
the Mauritian integrity system. Corruption in the realm of political
finance generally takes many forms, ranging from vote-buying and
the use of illicit funds to the sale of appointments and the abuse
of state resources. As the source of much of the money that funds
political corruption, the corporate sector has a vital role to play in
ending this abuse of power. In Mauritius, the private sector has taken
the lead in promoting ethical standards and in calling on all those
who wish to donate to political parties to record in their accounts
the amounts given and the beneficiaries nominated. However,
because political parties are not obliged to publish their accounts or
to say how much they receive from the private sector, it is difficult
to talk meaningfully about transparency in the financing of political
parties in Mauritius
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Executive Summary
1.106 Another challenge facing the government is the need to close the
legal loopholes affecting the issue of corruption. Some of these
loopholes include the following: the fact that ICAC hasn’t the power
to undertake prosecutions without the approval of the director of
public prosecutions (DPP); the need for more effective protection of
whistle-blowers in order to encourage them to step forward; a lack
of political finance regulations; and the need for the approval of
the principal/owner before prosecution of corruption in the private
sector can commence.
1.107 As in many African countries, as well as in other areas of governance
in Mauritius, a major challenge in the fight against corruption
is ineffective implementation owing to limited capacity. Claims
have been made that the prosecution or investigation of alleged
cases of corruption is sometimes prevented owing to high-level
political intervention, especially when such allegations are levelled
against senior officials and well-placed individuals. This perception
undermines the credibility of the entire exercise, and the government
should take energetic efforts to eliminate it.
Managing diversity
1.108 Cultural, ethnic, racial and religious diversity is a characteristic of
Mauritius. When effectively managed, diversity enriches a country’s
social fabric and heritage through the peaceful and vibrant coexistence
of its different peoples. Experience from many countries in Africa
and elsewhere shows that, in order for diversity to be a positive
force in a country, it must be effectively and carefully managed
through deliberate state policies aimed at expanding and ensuring
equal opportunities for all groups that are part of the diverse whole.
Failure to do so invariably leads to inequalities in social, economic
and political status and the stratification of society on racial, ethnic,
religious and other bases. These inequalities then breed resentment
and deep-seated grievances, which may erupt in violent conduct of
one sort or another.
1.109 In recent times, Mauritius has been able to successfully avoid any
negative manifestations of its diversity. This is not, however, a sufficient
enough reason for the country to become complacent, especially since
the main indicators of diversity assuming negative connotations are
increasingly present in Mauritian society. These indicators include
the exclusion of particular ethnic or religious groups from political,
social and economic opportunities on the one hand, and, on the other,
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