80. Every year the National Assembly votes budgetary provision for “Subsidy to Religious
Bodies” Religious bodies affiliated to Federations, which receive an amount of subsidy based on
the number of adherents. Those not affiliated but which operate as branches of international
religious organizations are paid a fixed grant. Bodies which have been set up to promote languages
and cultures in Mauritius, obtain grants from Government to meet expenses regarding their
activities and administrative expenses. A list of such bodies were listed at paragraph 41.0 of the
last ACHPR Report.
PROHIBITION ON T HE WEAR OF “TIKKA”- (CASE OF MRS S.D V/S THE RESIDENCE
MAURITIUS H OTEL)
81. On 15 March 2018 one female worker of Hindu faith, employed as Sales Assistant in a resort
hotel for over 13 years, made a representation that as from February 2018, the Management was
discriminatorily and unconstitutionally prohibiting her during working hours from applying a
“Tikka”, which she was doing according to her faith and belief. She was even issued with 3
warnings by management for having failed to comply with the latter’s instructions. On 17 April
2018 she reported a dispute thereon at the Commission for Conciliation and Mediation. As the
dispute had still remained unresolved, the Commission had on 12 June 2018 referred it to the
Employment Relations Tribunal for arbitration.
82. On 18 February 2019 the Employment Relations Tribunal gave its award and ruled in favour
of the employee by allowing her to continue wearing her “tikka” during working hours directed
Management to remove the three warnings leveled against the worker.
83. The Tribunal reflected that “Every country’s system of employment – industrial relations is
in certain ways unique because it is shaped by a distinctive national history, culture, economy and
set of political and social institutions. In Mauritius, we all come from somewhere with a tradition
and culture that we cherish. To ban any of it, be it at work, leads to a sensitive area that needs to
be addressed with care”.
ARTICLE 9- RIGHT TO RECEIVE INFORMATION AND RIGHT T O E XPRESS OPINION
1.
Every individual shall have the right to receive information.
2.
Every individual shall have the right to express and disseminate his opinions within the
law.
84. Journalists and the local media at large enjoy a long tradition of freedom and pluralism.
Freedom of the press is guaranteed by the Mauritian Constitution and is an essential component of
the right to freedom of expression.
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