Mauritius: National Human Rights Commission

Updated December 2009

Note: See also DARGA, LA 2009 Promoting the Effectiveness of Democracy Protection Institutions in Southern Africa: The Ombudsman and the National Human Rights Commission of Mauritius [PDF document], EISA Research report No 45.

The National Human Rights Commission (NHRC) was established by the Protection of Human Rights Act of 1998. It started operating in 2001. The NHRC is mandated to enquire into written complaints made i) by any person who feels that any of the human rights enshrined in Chapter II of the Constitution has been violated or is likely to be violated by the act or omission of a public officer or employee of a public body and ii) by any person against an act or omission of a member of the police.

The NHRC is authorised to investigate abuses by any public servant who was not already the subject of an inquiry by the Director of Public Prosecutions (DPP), the Public Service Commission, or the Disciplined Forces Service Commission. The NHRC has the authority to visit police stations, prisons and other places of detention to assess and make recommendations on conditions. The NHRC tries to resolve complaints through conciliation but if that is unsuccessful it can forward cases to the DPP (if criminal in nature), to the service commissions, or to the responsible authority in question. Further, the NHRC promotes the respect of human rights through education. It also reviews the safeguards provided by various laws for the protection of human rights as well as the factors or difficulties that inhibit the enjoyment of such rights. The NHRI is clear on which human rights it deals with and they exclude economic, social and cultural rights which are catered for by local legislation.

The NHRC is composed of a commissioner, who must be a former judge of the Supreme Court, and three other members, all of whom are appointed by the President, acting on the advice of the Prime Minister. The current chairperson is Mr. D.B. Seetulsingh, a retired judge of the Supreme Court and a former Solicitor General. Every member shall hold office for a term of four years, renewable once, or until attaining the age of 70 years, whichever occurs earlier. Members may be removed from office for inability to perform arising from infirmity or misbehaviour.

The Commission is staffed by a Secretary and other administrative and technical staff made available by the Secretary to the Cabinet; and Master and Registrar of the Supreme Court respectively. The services of Investigating Officers are also provided by the Commissioner of Police whenever required. An annual report is submitted by the Commission to the President before being tabled before the National Assembly.

Disciplinary actions have not yet been taken against three police officers who in 2005 assaulted a man accused of being a drug addict in which the NHRC established that there was a case for a breach of the Code of Discipline. The NHRC recommended that an outside officer hear the case rather than a police officer from the Office of the Commissioner of Police. Out of the 179 complaints received by the NHRC, 116 were complaints against police officers for physical brutality, verbal abuse, and other offences. Ten reports were sent to the Office of the Minister of Human Rights for appropriate action. Five reports were referred to the DPP. The other cases were still under investigation.

Official web site

National Human Rights Commission: http://www.gov.mu/portal/site/nhrcsite [opens new window] (accessed 8 Mar 2010).

References

BUREAU OF DEMOCRACY, HUMAN RIGHTS AND LABOR 2007 Country Reports on Human Rights Practices 2006: Mauritius.

PROTECTION OF HUMAN RIGHTS ACT, 1998, [www] http://www.gov.mu/portal/site/nhrcsite/menuitem.6a46a0254804c86512c7c91048a521ca/ [opens new window] (accessed 8 Mar 2010).