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The ups and downs of human rights
It?s that time of the year again. The National Human Rights Commission (NHRC) recently released its Annual Report for the Year 2007, providing the opportunity for both state and non-state actors to take stock of the human rights situation in Mauritius. The Commission continues to offer commonsensical recommendations for the improvement of human rights. And although decision-makers often choose to ignore these, the report at least exposes the shortcomings of the status quo, thus reducing the State?s margin of error when it comes to human rights infringements.
At first glance, things don?t actually look that bad. The number of detainees that perished in police custody and in the country?s prisons during the course of last year was limited to two. Yet a closer look shows that the emancipation of human rights continues to be hindered by several systemic anomalies. For example, the NHRC cannot ?direct the commissioner of police to immediately suspend officers against whom allegations have been made even though there may be a strong prima facie case?.
As it is, the NHRC is restricted to making non-binding recommendations to the Director of Public Prosecutions (DPP) and the Disciplinary Forces Services Commission (DFSC). Since the latter are ?constitutional bodies whose prerogatives are quasi-unchallengeable and non-derogable [sic] and whose decisions can only be reversed by the Supreme Court in exceptional circumstances?, this state of affairs all but hobbles the NHRC.
It is perhaps for this reason that, when the Commission evokes the possible setting up of an Independent Police Complaints Commission (IPCC), it explains that ?the possibility of giving it more powers than the NHRC may be considered?. Worryingly, the police still rely very heavily on confessions when they conduct enquiries.
Help and protection of victims</B>
Another sad shortcoming is that the justice system does not deal with one of the most odious abuses of human rights, namely sexual assaults on minors, with sufficient celerity. Given the vulnerability of the victims this fault vindicates the old adage, ?justice delayed is justice denied?.
?Many cases of sexual assault on minors get dismissed because the cases take a long time to reach trial stage for various reasons. Victims may not be precise when relating their version of the incident in Court after 3 to 4 years. As a result, their credibility is considerably diminished. An effort must be made to take such cases to Court soon after the occurrence. Research should be carried out on the issue of delays as well as on the rate of conviction for rape case?. To remedy this, the NHRC recommends that sex offenders ?should be tried as soon as possible after the commission of the offence to help and protect victims?.
The lion?s share of the NHRC?s recommendations is destined for the police. The fact that some of these state the obvious just goes to show how sorely the country?s men in blue lack in training and resources. The report explains, for example that ?more effective police patrols would act as a deterrent crime and actually enhance the reputation of the police in dealing with law and order? and ?the police should have enough evidence, circumstantial or otherwise, before interrogating suspects?.
With regards to the situation in the country?s prisons, the NHRC mentions the last year?s visit of the subcommittee set up under the Optional Protocol to the Convention against Torture. The Commission supports the ?need to rationalize the system of inspection of prisons?, the reintroduction of remission ?even for serious crimes to reward good conduct in prison? and the reevaluation of the imposition of heavy fines on drug offenders who are not ?big dealers or traffickers?.
The NHRC?s prerogative extends far beyond the police, prisons and justice administration though. Economic, social and cultural rights are also part of its purview. The NHRC believes, for example, that Creole ?should be used as a medium of instruction in the early years of schooling, more especially to help children who are at a disadvantage?. This recommendation is supported by the fact that the pass rate in the Zones d?éducation prioritaire (ZEP) is a measly 35%. ?In one school only 17 out of 95 children were successful", the report notes.
<B>Review subsidies to the vulnerable</B>
Mauritius can boast a comprehensive welfare state. It costs the government Rs20 billion every year. In this day and age though, it might seem a little anathema that ?religious bodies? receive a staggering Rs 70 million annually (?religious bodies and charitable institutions? pocket a further Rs 8 400 000). On the other hand, the contributions to ?vulnerable groups and senior citizens? and ?parents of disabled children? are limited to Rs16 million and Rs 400 000 respectively.
The NHRC stops short of criticizing the state?s largesse towards religious bodies and instead suggests that, ?all parties should be consulted if it is ever envisaged to withdraw subsidies from religious bodies?. This might have to be considered sooner rather than later as ?economic difficulties threaten the maintenance of the welfare state while international agencies put pressure on the government to reduce expenditure on welfare?. No less than 100 000 people survive on less than Rs120 per day despite the fact that ?in a small country it should be easier to target the problem?. The NHRC also proposes that the rights to education, health and housing be enshrined in any new constitution.
This year marks the 60th anniversary of the Universal Declaration of Human Rights. And although everyone is far more awake to the concept of human rights, there is still a lot of room for improvement when it comes to the police force, prisons and administration of justice. Yet, in this increasingly dog-eat-dog world, the biggest challenge of all will perhaps be ?the protection and promotion of economic, social and cultural rights such as the right to education, health, housing, social security, food and water?. The NHRC rightly advocates for these to be enshrined in the Constitution.
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