4.
Section 18 of the Constitution provides for instances where rights and freedoms can be
derogated in periods of emergency. However, recourse to these derogations are subject to strict
controls. There should first be proclamation by the President and such Proclamation needs to be
supported by the votes of at least two thirds of all members of the Assembly.
5.
Article 75 of the Constitution confers upon the President of Mauritius the prerogative for
mercy which may be exercised in various cases such as granting to any person convicted of any
offence a pardon, either free or subject to lawful conditions; granting to any person a respite, either
indefinite or for a specified period, of the execution of any punishment imposed on that person for
any offence; substituting a less severe form of punishment for any punishment imposed on any
person for any offence; or remitting the whole or part of any punishment imposed on any person
for an offence or of any penalty or forfeiture otherwise due to the State on account of any offence.
6.
Mauritius has not yet made a declaration, under Article 34 (6) of the Protocol to the African
Charter On Human and People’s Rights on the Establishment of the African Court, to accept the
competence of the African Court to receive cases instituted by individuals and Non- Governmental
Organisation as it is believed that there are sufficient avenues of redress already available to
citizens of Mauritius.
ARTICLES 2 & 3- NON DISCRIMINATION AND EQUALITY BEFORE THE LAW
ARTICLE 2
Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and
guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color,
sex, language, religion, political or any other opinion, national and social origin, fortune, birth
or other status.
ARTICLE 3
1. Every individual shall be equal before the law
2. Every individual shall be entitled to equal protection of the law
Refer to Part I- Information on Non-Discrimination and Equality and Effective Remedies.
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