NATIONAL LEGISLATIONS
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Existing legislations have been amended to better guarantee the protection of human rights
and also new pieces of legislation have been enacted since 2015. It includes the following:
(a) The Equal Opportunities Act was amended in 2017 to prohibit discrimination in
employment on the grounds of a person’s criminal record, both at recruitment and
promotion level, where a person’s past criminal offences as per his record is irrelevant
to the nature of the employment for which that person is being considered. The law was
also amended to put the burden of proving that the criminal record of the prospective
employee or of the employee was relevant, on the employer.
(b) The Independent Police Complaints Commission Act was enacted in 2016 to provide
for the establishment of an Independent Police Complaints Commission to investigate
into complaints made against police officers in the discharge of their functions, other
than complaints of acts of corruption or money laundering offences.
(c) The Criminal Code provides for the offences of Outrage against Public and Religious
Morality and of Stirring up Racial Hatred. The provisions relating to these two offences
were amended in 2018 by the Judicial and Legal Provisions Act to increase the
respective penalties and to also criminalise the commission of these offences through
electronic means.
The Criminal Appeal Act was amended in 2018 by the Judicial and Legal Provisions
Act to provide that the Court shall, in reviewing the term of imprisonment or penal
servitude to be served by an appellant, give him full credit for the time he spent in
custody by deducting that time from the term of imprisonment or penal servitude
imposed.
The Judicial and Legal Provisions Act further amends the Criminal Procedure Act to
provide that a convicted person who has, so far, not benefitted from full credit for the
time he has spent in custody, may petition the President under section 75 of the
Constitution with a view to obtaining full credit for the time he has spent in custody.
(d) The Extradition Act dating back to 1970 was repealed and replaced by a new
Extradition Act passed in the National Assembly in 2017 to make better provisions for
the extradition of persons from and to Mauritius. It simplifies extradition procedures
and makes no distinction between Commonwealth and non-Commonwealth countries
and promotes cooperation without for that matter neglecting to make adequate
allowance for the rights of persons whose extradition or arrest is sought. The first case
of extradition under the new law has been processed in 2018.
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