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Not a pretty picture

2 mai 2006, 00:00

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lexpress.mu | Toute l'actualité de l'île Maurice en temps réel.

It?s an event that defenders of human rights have come to look forward to. The publication of the National Human Rights Commission (NHRC) annual report is indeed cause for celebration even if, as it itself concedes, ?over these five years it [the Commission] has made various recommendations, some of which have been implemented, others not?. So be it. Yet the powers that be can no longer claim ignorance in all matters of human rights.

And widespread ignorance there is. ?Human rights are mainly concerned with the relationship between the citizen and the State and it is of the utmost importance that members of Parliament as representatives of the citizens and as legislators should be aware of the human rights issues in their respective countries. Parliamentarians are busy people and have dozens of reports on multifarious issues that are forwarded to them, but human rights is basic to their mandate of representing the people?, goes the introduction.

The Commission also believes that ?every political party should have a small committee that looks into human rights issues, examines reports and recommends to the party leader and party executive the stand that may be adopted on such issues?. A mighty tall order but one has to start somewhere.

<B>Comprehensive overview </B>

In its annual report for 2005, the NHRC provides a rather comprehensive overview, warts and all, of the human rights situation with respect to the police force, the prisons, the judiciary and the Director of public prosecutions (DPP), sex discrimination and sexual harassment as well as review of laws. It then offers a series of recommendations purporting to each of the aforesaid fields. Finally, the report ends off with an exhaustive list of statistics detailing the number and nature of complaints received and processed by the Commission last year.

<B>Surprising drop</B>

Several interesting facts transpire from the report. The Commission notes a surprising drop in complaints against the police for brutality, as well as in the number of deaths in police detention (two for 2005). Unsurprisingly, its conclusions on the country?s prisons do not benefit from such an upbeat tone. One could argue that prisons the world over are prone to the occasional bout of anarchy.

Yet the problems in Mauritian jails, such as ?the prevalence of drug consumption and the spread of HIV/Aids? as well as overcrowding, to name but a few, are greatly exacerbated by blatant systemic shortcomings. The Commission explains that it has always been ?of the view that the Board of Visitors should be the most important channel to deal with prisoners? complaints?. Shockingly, this so-called vital channel has not met since August 2004 ?although it is under a statutory obligation to meet at least once a month?!

For this reason, and a host of others, the NHRC recommends the setting up of a post of Inspector General of Prisons, akin to the one existing in the United Kingdom. ?Such a person would conduct formal inspections of every prison to monitor the treatment of and conditions of prisoners. He would also deal with claims of abuse of authority upon prisoners by prisons officers and prison default.? Needless to say, the Inspector General would have to be a ferociously independent and upstanding person. And if finding someone with such rare qualities seems to border on the impossible, it will have to done. If not, attempts at rehabilitating prisoners will continued to be stymied by chaos. Releasing ?small drug offenders on bail pending their trial? would go a long way in solving the overcrowding that plagues some of the country?s jails.

The NHRC also has numerous recommendations for the police. ?The number of complaints against the police would be reduced considerably if there were a clear display of authority in a police station. The Commission recommends to the Commissioner of Police that there should be a more visible presence of Chief Inspectors and Inspectors of police at police stations.?

Furthermore, drug searches should be conducted with more ?tact? and warrants of arrest should be executed ?in a fair and judicious manner, at reasonable hours and on weekdays?. Magistrates also have an important role to play by paying ?regular visits to the police stations that fall under their jurisdiction?.

The chairman of the Commission, Dhiraj Seetulsingh, and its members, Beti Peerun, Sadek Namdarkhan and Jacques Rosalie, have come up with a plethora of realistic and commonsensical recommendations of which the above are but a fraction. As is the case with all these things though, their implementation depends on whether or not they have political backing. And the power, as they say, lies with the people.

The NHRC annual report for 2005 can be viewed online at the following address: http://nhrc.gov.mu.

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