Democracy and Political Governance Chapter 3 Chapter 3 to information and quality care. The APR Panel encourages the state to consolidate and extend this achievement and new initiatives by including the right to health in the constitution, as the NHRC has recommended. 183. The APR Panel commends Mauritius for facilitating access to decent housing by people with lower incomes through various programmes of subsidies and infrastructure fees, and encourages it to consolidate its programme and ensure that vulnerable groups enjoy its benefits. The CRM learned, during discussions with stakeholders, that 85 per cent of Mauritians own a house. This is a very impressive achievement, although the CRM could not verify it. However, it is imperative that Mauritius makes even more efforts to ensure that it meets the needs of the remaining 15 per cent in the near future to avoid their feeling marginalised. Rights of employees 184. 185. 186. 104 The regulatory and institutional framework for protecting and promoting the rights of employees has improved over the years. In particular, the two bills on employment became acts in 2008. However, in meetings with stakeholders, the CRM learned that, in practice, trade union freedom has reduced over time. This infringes the unions’ legitimate right to conduct their activities. In the past, trade unions have had to present their complaints to the International Labour Organization (ILO) Committee on Freedom of Association. It presented its most recent case in 2007 after the government decided to lay criminal charges against the leaders of the trade union movement who participated in a peaceful demonstration. The CRM sensed some resentment about the Public Gathering Act, because it states that the CP must give permission for public gatherings. The CRM noted that national labour laws cover export processing zone (EPZ) workers. However, there are some EPZ-specific labour laws that condone longer working hours, including providing for 10 hours a week of mandatory overtime at a higher rate than that for regular working hours. Some employers also set up work councils. This effectively prevents unions from organising at enterprise level. As a result, only about 10 per cent of EPZ workers belong to unions. The CRM noted with concern that stakeholders described the working and living conditions of migrant workers as ‘inhuman’. The official position is that migrant workers may form or join a trade union of Democracy and Political Governance their choice. Besides, a Special Migrant Workers Unit was established in 1999 to protect the rights of migrant workers in compliance with national laws. However, foreign workers who participate in strikes risk deportation. This is a strong deterrent to joining unions. Access to the judiciary 187. The free legal aid system is a very positive initiative that helps to ensure that the poor have access to justice. Mauritius spends about Rs2.5 million on legal aid, mostly for matrimonial cases. Discussions with legal practitioners showed that beneficiaries do not appreciate legal aid, because it is free. They were contemplating a token fee that would ensure that the practitioners only assist in serious cases. Mauritius should consider this proposal, but arrange to assist those who cannot afford to pay the token fee. 188. Stakeholders referred to delays in courts. This means that it may take three to four years before important criminal cases reach trial. Stakeholders also pointed out that it is imperative that this problem is dealt with so that detainees do not have to wait unduly long before being tried. Mauritius has established a criminal division of the Supreme Court in the meantime. This should expedite the delivery of justice in criminal matters. iii. Recommendations 189. The APR Panel recommends that Mauritius: • • • • Considers amending the constitution to include economic, social and cultural rights like access to water, education and health. [Government and Parliament] Consolidates and increases its efforts to provide training, to law enforcement and judicial officers, on various aspects of human rights. [The judiciary, the University of Mauritius and the NHRC] Considers introducing the fundamental principles of human rights to school programmes and extends education about these rights to all citizens. [MECHR, nonstate stakeholders active in the education sector and human rights organisations] Amends the Child Protection Act to improve the protection of children’s rights and to clarify issues about the mentoring system and the placement of children with their next of kin. [Government, Parliament, the NHRC and nonstate stakeholders working in child protection] 105