PART II MEASURES TAKEN AND DEVELOPMENTS IN RELATION TO THE AFRICAN CHARTER RIGHTS 1. CIVIL AND POLITICAL RIGHTS ARTICLE 1- RECOGNITION AND IMPLEMENTATION OF RIGHTS, DUTIES AND FREEDOMS UNDER THE CHARTER The Member States of the Organisation of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them. 1. The Constitution of Mauritius is the supreme law of Mauritius and several pieces of legislation have been enacted to grant and protect the rights of citizens such that these enactments recognize in effect the rights, duties and freedom enshrined in Chapter 1 of the African Charter on Human and Peoples’ Rights. 2. Chapter II of the Constitution guarantees the enjoyment of fundamental rights and freedoms in Mauritius which are the right to life, the right to personal liberty, protection from slavery and forced labour, protection from inhuman treatment, protection from deprivation of property, protection for privacy of home and other property, protection of the law, freedom of conscience, freedom of expression, freedom of assembly and association, freedom of movement and prevention from discrimination. It is to be noted that the Constitution of Mauritius, however, does not provide for economic, social and cultural rights. These are nevertheless catered for in various legislations. Moreover, the mandate of the National Human Rights Commission does not allow it to probe into issues pertaining to economic, social and cultural rights. In view of the fact that an amendment to Chapter II of the Constitution is only possible if supported at the final voting in the Assembly by the votes of not less than three quarters of all the members of the Assembly, this constitutional amendment is not presently being considered. However, an amendment to the Protection of Human Rights Act to explicitly provide for the protection of economic, social and cultural rights is under consideration. 3. Where any person alleges that any of sections 3 to 16 has been, is being or is likely to be contravened in relation to him, then, without prejudice to any other action with respect to the same matter that is lawfully available, that person may apply to the Supreme Court for redress under section 17 of the Constitution. 55