Geneva Convention: Glover Advocates Constitutional Reforms Against Discrimination

In a poignant display of commitment to human rights, Gavin Glover, the Attorney General of Mauritius, has vowed to implement sweeping reforms aimed at eradicating discrimination. This declaration comes amidst the ongoing scrutiny of Mauritius’s 24th and 25th periodic reports on the implementation of the International Convention on the Elimination of All Forms of Racial Discrimination, currently being dissected in Geneva, Switzerland.

Engaging with International Experts

A delegation, including Ambassador Brian Glover, is present, while Attorney General Glover has participated via video conference, addressing pressing inquiries from experts regarding ethnic-based census data, the Equality of Opportunity Act, and the plight of migrant workers.

A New Government Mandate

In his address, Glover underscored the establishment of a new government since November 2024, which carries a broad mandate to restore public trust in institutions, bolster the rule of law, enhance access to justice, and embark on constitutional reforms.

Towards an Inclusive Society

He asserted that these reforms would transcend colonial structures, steering Mauritius towards a more inclusive society.

Furthermore, he reaffirmed a renewed commitment to human rights, insisting that the principles of equality must extend beyond mere legislative texts to manifest in tangible realities.

Acknowledging Complexities

Addressing the agenda’s complexities, Glover pledged that the state would respond with sincerity, acknowledging its constraints and challenges.

He articulated the intricate nature of ethnic identity in Mauritius, stating, “We are a plural society of which we are proud, yet one that has been shaped by a painful history of division. Successive generations have strived for a shared national unity.”

He cautioned that categorising individuals by ethnic affiliation is a politically sensitive and socially divisive issue.

“Even with voluntary identifications, the collection of ethnic data risks inciting tensions in a nation where perceived demographic proportions have historically influenced political participation, coalition-building, and resource allocation,” he warned.

Addressing Discrimination

However, Glover acknowledged the state’s recognition of the challenges posed by the invisible nature of discrimination.

“The absence of such data cannot serve as an excuse for ignoring discrimination. If we are to combat inequalities effectively, we must find ways to identify, understand, and measure them, even if indirectly,” he emphasised.

He proposed alternative methods, such as geographic indicators, language usage, and socio-economic levels, to navigate this complex terrain.

The government, he noted, would need to make a decision on this matter while upholding constitutional values and international obligations.

“We do not have all the answers, but we will ask the right questions with intellectual honesty and political courage,” he asserted.

Commemorating a Milestone

In a significant move to commemorate the 60th anniversary of the Convention on the Elimination of All Forms of Racial Discrimination, the text will be translated into Kreol Morisien this year, ensuring that this vital instrument is accessible to the public.

Additionally, the government’s programme for 2025-2029 has earmarked provisions for the establishment of a Commission for Constitutional Reforms, signalling a hopeful step towards a more equitable future for all Mauritians.

A Call for Modernization
In a stirring declaration, Gavin Glover, the Attorney General of Mauritius, has affirmed that fundamental rights will be significantly bolstered as the nation embarks on a journey of constitutional reform.

He highlighted that, despite numerous amendments since 1968, the core architecture of the Constitution remains largely a relic of the colonial era.

“The objective is to align our constitutional framework with the democratic structure of a modern and independent Mauritius. It is also about incorporating a new generation of rights and guarantees for all our citizens,” he asserted with conviction.

Transformative Agenda for Key Issues
As part of this transformative agenda, the future of the Best Loser System, the use of Kreol Morisien as a parliamentary language, and issues related to representation within institutions will be thoroughly examined.

Glover noted that since the last report in 2021, Mauritius has enacted several significant legislative reforms, with more on the horizon.

He cited the 2023 law on recruitment agencies for migrant workers, which ensures ethical recruitment standards in line with the recommendations of the International Labour Organization (ILO) and the International Organisation for Migration (IOM).

Addressing Gender Discrimination
Moreover, the Attorney General announced that a Commission on Gender Equality is currently drafting legislation aimed at establishing an independent body to address systemic gender discrimination.

Regarding the Best Loser System, he confirmed its continued application while also indicating that electoral reforms are under consideration.

Census Data and Ethnic Self-Identification
During the initial question-and-answer session, experts sought clarification on the issue of ethnic self-identification, inquiring whether this was taken into account in census data beyond predefined responses.

Glover referenced the 2022 census figures, particularly concerning religious affiliation.

The statistics reveal that out of a population of 1,191,242, 48% identify as Hindu, 32% as Christian, and 18% as Muslim, with the remainder comprising other religions or those who declined to disclose their faith.

In terms of language, 78% of respondents reported speaking Kreol exclusively in Mauritius, compared to 98% in Rodrigues.

Prison Demographics and Social Issues
The Committee had also requested data on the ethnic origins of prisoners.

The Attorney General responded that such specifics are not detailed, but statistics indicate that 60% identify as Catholic, 20% as Hindu, 15.9% as Muslim, 3.1% as Tamil, and 1% as belonging to other religions.

Currently, there are 279 foreign detainees from 46 different nationalities in Mauritian prisons, comprising 178 men and 101 women.

Among them, 50 are from Madagascar, 32 from Nigeria, and 32 from South Africa.

Glover drew attention to the plight of women, many of whom are victims of drug trafficking and exploited as mules.

The Landscape of Regularized Workers
Additionally, there are currently 48,458 regularised workers in Mauritius, consisting of 42,000 men and 5,478 women.

Of these, 25% are Bangladeshi, 17% Indian, 10% Nepalese, and 8% Malagasy.

Concerns Over Immigration Law
The Attorney General was also questioned about immigration law, particularly the clause that prohibits entry to individuals with communicable diseases, including HIV/AIDS.

Experts have flagged this as indirect discrimination, contravening Article 2 of the Convention. Glover previously stated that there are no cases of statelessness in Mauritius; however, an expert pointed out that under the 2022 Immigration Law, a foreigner who has obtained Mauritian nationality could potentially lose it.

The Attorney General acknowledged this concern, referring to the legislation as “the Hoffman Law,” named after pilot Patrick Hoffman, and emphasised the urgent need for its repeal.

In this pivotal moment for Mauritius, Glover’s commitment to reform and the protection of fundamental rights resonates as a beacon of hope for a more equitable future.

Source: Le Mauricien