Democracy and Political Governance Chapter 3 Democracy and Political Governance 147. On the surface, Mauritius has no army. However, the reality seems to be different. The country is well secured. The Special Mobile Force acts as the army, the Helicopter Squadron as the air force and the National Coast Guard as the navy. It could also be said that, given her ethnic and religious composition, and in case of an attack by a foreign army, Mauritius would most probably count on assistance from India and her kith and kin. 150. According to the CSAR, Mauritius has made steady progress in protecting human rights. It has done so by ratifying major human rights instruments13 and by establishing relevant institutions like the NHRC, the Office of the Ombudsperson for Children, and the Office of the Ombudsperson. Mauritius acceded to the International Covenant on Civil and Political Rights as well as to the International Covenant on Economic, Social and Cultural Rights in 1973. 148. At any rate, the designation ‘Mauritius Police Force’ is misleading. The civilian wing (called the ordinary police force in other countries) and the military wing (called the armed forces in other countries) make up the force. 151. iii. Recommendations 149. The APR Panel recommends that Mauritius: • • • • • Chapter II of the constitution establishes the legal framework for protecting human rights. It defines all the fundamental rights and freedoms of the individual. These rights have been drawn from the Universal Declaration of Human Rights and, in some cases, replicate the stand of the European Convention for the Protection of Human Rights and Fundamental Freedoms. According to the CSAR, the ‘recent’ enactment of a number of acts has reinforced the legislative framework for protecting and promoting human rights. They are the Sexual Discrimination Act of 2002, the Ombudsman for Children Act of 2003, the Criminal Code Act of 2003, which amended section 78 on torture by public officials, and the Protection of Elderly Persons Act of 2005. 152. The NHRC, the ombudsperson and the ombudsperson for children are the key institutions responsible for protecting and promoting human rights. 153. The NHRC was established in 2001. It comprises three members appointed by the president on the prime minister’s advice. The commission deals with complaints about breaches of human rights against ministers, government departments and parastatal bodies. However, it does not have the authority to investigate disputes in the private sector. Furthermore, the NHRC has no power to investigate complaints about economic, social and cultural rights, like the right to work, the right to an adequate standard of living, the right to education, the right to health services, and the right to social security. Other laws protect these rights. They are the Education Act, the Social Aid Act and the National Pensions Act. Other measures fall under the Mauritian welfare state system. 154. The president appoints the ombudsperson after consulting the prime minister, the leader of the opposition and the heads of the political parties represented in Parliament. Sections 96 to 102 of the constitution and the Ombudsman Act of 1969 define the roles of the ombudsperson. These are to investigate complaints against government institutions Reviews the current FPTP system in order to introduce an element of proportional representation, or mixed proportional representation and FPTP, as the Sachs Report proposed; and reviews the BLS and introduces an alternative system that will ensure that minorities are adequately represented in the National Assembly. [Government] Reviews the political system to broaden the participation of stakeholders other than the traditional parties. [Government] Reviews its policies on the participation of women in politics to comply with its obligations in term of the SADC Declaration on Gender and Development. [Government] Establishes and implements a code of conduct, with clear guidelines for political parties and candidates on prohibited practices of bribery, undue influence and coercion that may constitute trafic d’influence. [Government] Enacts legislation to regulate political parties and ensures that it addresses the registration of political parties, accountability and political party funding in order to provide for the public funding of parties, addresses the monitoring of political party finances, and limits campaign-related expenditure. [Government] Objective 3: Promote and protect economic, social and cultural rights, and civil and political rights i. 96 Chapter 3 Summary of the CSAR 13 - These include the International Covenant on Civil and Political Rights, the Optional Protocol to the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, CEDAW and the Convention on the Rights of the Child. 97