In a country where most sectors are undergoing constant transformation, laws and policies need to adapt to the new circumstances. They need to be flexible enough to bring the appropriate responses to challenges cropping up in a dynamic context. Failing to adjust existing legal frameworks in a timely manner severely hampers remedial action. As an illustration, a look at emerging population issues likely to affect economic growth of Mauritius soon, and the surrounding legal and policy environment.

Population issues The low fertility rate and the in- crease in life expectancy have given rise to an ageing population. In less than 5 years’ time, and even sooner, the Mauritian population will start to fall. With an active population becoming smaller, the drop in numbers in the labour force will have serious adverse impact on the economy and the well-being of the people. If the appropriate measures are not initiated today in preparation of the impending demographic downturn, we may end up with what could be termed the Mauritius anti-miracle!

Remedies to prevent the decline of the labour force have been suggested now and then without much follow-up action. Solutions have been proposed that point towards, inter alia, increasing the fertility rate by encouraging couples who can so afford to have more children. Another set of solutions would involve the recourse to human resource available abroad, including encouraging the return of Mauritians of the diaspora. While these measures may have their limitations, they are worth considering. But in order for them to be effective and add to solving the problem, we need laws and policies that uphold them. We need therefore check on the legal and policy landscape to ascertain that it does not contain inconsistent provisions that do not support the suggested measures to improve on the future availability of manpower, curb and mitigate the consequences of an ageing population in a sustainable manner.

Citizenship Act / Constitution

 The present legislation in Mauritius makes it difficult to grant nationality to a child born of a Mauritian parent abroad, when the parent, though having been granted Mauritian nationality, was not himself or herself born in Mauritius. The authorities rely on the following: “A person born outside Mauritius is a citizen of Mauritius under section 20(3) and 23 of the Constitution if either of his parents is a citizen of Mauritius by birth.” It is however within the discretion of the minister responsible for Home Affairs to decide whether to grant citizenship or not.

The problem therefore arises to all the grand children of Mauritians who are abroad and who could have potentially joined the shrinking Mauritian labour market, and help to rejuvenate its demographics

At a time we are proposing a Re- turning Mauritian diaspora scheme, it is necessary to consider looking at this aspect of the Constitution, or the interpretation thereof to see if it stands the compatibility test for a country facing the serious threat of a declining active population.

Passport and Immigration Act

We have witnessed treatment meted out to workers that have come from developing countries to run our labour intensive manufacturing sector, and solve the manpower scarcity in the construction and tourism sectors. There is a difference of treatment reserved to manual workers, referred to as “migrant workers” and white collar jobs holders, called “expatriates”. Our laws and policies are failing to consider the imminent threat to the economy resulting from a decrease in the active population. Failure to adapt is very risky.

Income Tax Act disincentive

 The Income tax Act provides for a threshold of exemption for dependents/ children, however for any additional child, the exemption diminishes and comes to zero for the fourth one. Though there is nothing to suggest that raising the threshold could represent an incentive to have more children, the situation calls for reflecting on the issue of incompatibility of the thresholds imposed by the Act, with measures that could contribute to improve the fertility rate.

 Departing Youth

Apart from incompatibility, we also witness the absence of laws /policies as in the case of Mauritians being encouraged to migrate to other countries via the channel of study visas. The question here is whether we are at least aware of the consequences of the drain.