Democracy and Political Governance 136 Chapter 3 ii. Findings of the CRM 296. The CRM noted the progress made in promoting women’s rights at the legal and institutional levels in Mauritius. The government established a ministry responsible for these rights in 1982. After several changes in name and mandate, the ministry became the MWRCDFW in September 2000. Other institutions, like the NCW and NCWCE, support the ministry. 297. Mauritius has also subscribed to CEDAW, the Solemn Declaration (by the Heads of State and Government of Member States of the AU) on Gender Equality in Africa and the SADC Declaration on Gender and Development. She has also signed, but not ratified, the Optional Protocol to CEDAW and the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa. Mauritius has still to ratify the SADC Protocol on Gender and Development. 298. The CRM noted the numerous efforts Mauritius has made to promote women’s rights. They include: (i) amending section 16 of the constitution in order to ban sexual discrimination in 1995; (ii) passing a law on sex-based discrimination in 2002; (iii) amending the Protection from Domestic Violence Act in 2004 and 2007; and (iv) passing the Equal Opportunities Act in 2008. The latter was not in force in July 2009. 299. To promote and protect these rights further, the MWRCDFW developed, with the support of the UNDP, a national framework for integrating gender with development policies. It is also an action plan. This framework aims at guiding sectoral departments to develop their gender policies, action plans and performance indicators, and to monitor and evaluate them. 300. The CRM also noted the efforts the country has made to strengthen the social and economic rights of women. They include primary, secondary and higher education and healthcare (including family planning) services that Mauritius offers free of charge to the entire population. 301. The CRM noted the progress the country has made to promote the status of women. However, it observed some weaknesses at the constitutional, legislative and institutional levels. These include women’s participation in political life, access to decision-making positions and domestic violence. These are among the concerns Chapter 3 Democracy and Political Governance Mauritius should address. Although Mauritius subscribed to CEDAW in 1984, the country has not incorporated all its provisions in national law. It therefore cannot invoke these provisions in Mauritian courts. Mauritius has a dualist legal system. It requires that the country incorporates international law in national law. Furthermore, it retained the derogation regarding the banning of discrimination in section 16(4)(c) of the constitution on personal status, adoption, marriage, divorce, burial and inheritance. This disregards articles 2 and 16 of CEDAW. However, Mauritius did amend the civil code. This gave special status to Muslim citizens. In the same vein, it established the Muslim Family Council. This council has the mandate to maintain a register of all marriages and all divorces in order to conform to the Muslim faith. The CRM observed that this special treatment, much as the ethnic and cultural diversity of the country can justify it, does not promote equality in treatment of the citizens of different faiths before the law. It is more of an obstacle to ensuring gender equality as advocated in international and regional human rights instruments. 302. The CRM noted that violence against women, particularly domestic violence, remains a serious problem. The government is aware of this and introduced several measures to address the problem. Statistics on violence, which the MWRCDFW cited in its 2005 national report to CEDAW, show progress in the fight against this plague that disturbs, destabilises and destroys families. 303. Stakeholders mentioned that the violence continues despite the 2004 and 2007 amendments to the 1997 law. Stakeholders say that this very important law cannot eradicate the phenomenon on its own. The stereotypes associated with gender inequalities are still alive within the society. Various measures to sensitise and educate people about women’s rights and gender issues must accompany the law. The state should introduce the measures at all levels, including primary schools, higher education institutions, adult education institutions, as well as professional bodies (the police, the judiciary and the parajudicial corps). It is also necessary to improve prevention and increase the number of homes for the women victims of violence and their children. Women also mentioned obstacles like economic dependency on their partners. This prevents them from reporting the cases of violence that their partners commit. 304. Stakeholders also mentioned marital rape, which is not regarded as an offence. This is both a human rights issue and a key factor in spreading the human immunodeficiency virus (HIV) and the acquired immune 137