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Summary: The government of Mauritius recently submitted a mid-term UPR report, which documented their implementation progress on recommendations they accepted during their review. CRIN has highlighted the government's response to children's rights recommendations accepted.
What is a mid-term report?
States are encouraged to voluntarily submit update reports on the steps they are taking to implement the recommendations made to them during their reviews.
In addition to posting the full mid-term report (see above), CRIN has extracted the children's rights recommendations accepted by Mauritius, together with the government's response on how they are implementing the recommendations.
Implementation progress on accepted recommendations
The following are recommendations which Mauritius accepted for follow-up:
1. Consider the possibility/ speed up the process of ratifying the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (Algeria, Argentina, Brazil, Mexico, Slovenia)
Consultations are ongoing among the relevant Ministries with a view to domesticating the provisions of the Optional Protocol in the domestic law. Moreover, the UN Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography, Ms. Najat M’jid Maalla, will be visiting Mauritius in 2011 to analyse the actual situation and make recommendations on the measures that need to be adopted so that Mauritius may ratify the Optional Protocol. The Ministry of Gender Equality, Child Development and Family Welfare and the Attorney General’s Office are in the process of preparing a consolidated Children’s Bill. The aim of the Bill is to consolidate the various pieces of legislation on children’s rights and to harmonize all laws in line with the Convention on the Rights of the Child.
8. Increase its efforts in ensuring full compliance of its domestic legislation with the Convention on the Rights of the Child, including by introducing a legal minimum age for criminal accountability (Italy) in line with international standards (Germany); Enact a Children’s Act as well as consolidating national legislation which is fully in line with the international obligations it has undertaken (Indonesia)
The Ministry of Gender Equality, Child Development and Family Welfare is in the process of preparing a consolidated Children’s Bill. The aim of the Bill is to consolidate the various pieces of legislation on children’s rights and to harmonize all laws in line with the Convention on the Rights of the Child. A first Consultative Workshop on the preparation of the Consolidated Children’s Bill was held in November 2010 and it is planned to have a series of workshops in the coming 6 months.
10. Give to the Office of the Ombudsperson for Children the necessary resources to carry out its tasks so as to ensure its effective realization of the rights of children (Burkina Faso)
Necessary financial and human resources are put at the disposal of the Ombudsperson for Children by Government to enable the Ombudsperson to carry out her work independently.
11. Continue its impressive efforts towards realization of children rights, and in this context share its experiences on the work of the Ombudsperson for Children (Botswana)
According to the Ombudsperson for Children’s Act 2003, the Ombudsperson for Children shall, not later than 30 September in each year, submit a report on its activities in the preceding year to the President of the Republic. As at date, seven such reports have been submitted and can be viewed on the website of the Office of the Ombudsperson for Children. http://oco.gov.mu
12. Implement the recommendations of the Committee on the Rights of the Child (South Africa)
A Committee has been set up at the level of the Ministry of Gender Equality, Child Development and Family Welfare to ensure follow up and implementation of the recommendations made by the United Nations Committee on the Rights of the Child. A Compliance Committee under the aegis of the Office of the Ombudsperson for Children has also been set up to look into the Concluding Observations and recommendations of the United Nations Committee on the Rights of the Child. It is also to be noted that all policies and programmes to ensure overall development and protection of the child from harm including violence take into account the provisions of the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child.
16. Continue efforts to promote human rights education (Canada)
Providing human rights based education in primary and secondary schools is on the agenda of Government. Contacts have been established with the Commonwealth Secretariat with a view to reviewing the curricula and providing the necessary training for the inclusion of human rights education in schools.
25. Make more strenuous effort to address the issue of violence against women (Malaysia), including through intensifying its awareness-raising and strengthening prevention efforts and measures (Malaysia, Germany) and put in place effective monitoring and evaluation mechanisms to ensure the effectiveness of measures taken to address all forms of violence against women; increase the number of available shelters for victims of violence and their children; address all obstacles that prevent women from reporting acts of violence to the police (Germany)
Conscious of the need to address the issue of violence against women in a comprehensive manner, the Ministry of Gender Equality, Child Development and Family Welfare has adopted a broad framework to respond to domestic violence. All cases of violence against women and children are dealt with as soon as they are reported at the level of Family Support Bureau. Victims of domestic violence may be given legal assistance and psychological counselling depending on cases. In case victims decide to proceed to court level, they are provided with services of barristers as and when required at court level.
Victims who call at the Family Support Bureaus are provided with all information pertaining to support services which include mainly psychological assistance, legal advice, assistance to victims of domestic violence for application of Orders under the Protection from Domestic Violence Act, assistance to children victims of abuse as well as temporary accommodation in the shelter.
At present, the concept of Shelter in Mauritius is only focused on providing a temporary security place for battered women. There are two shelters to cater for victims of domestic violence. The Ministry is proposing to construct an additional shelter for women and children in distress.
27. Make all possible efforts to eradicate all forms of violence, all form of abuse against children and eliminate completely police brutality (Mexico)
In order to eliminate all forms of discrimination and violence against the child in the family, the community, and at state levels, various mechanisms are in place and are effective. The main legislations which cater for the protection and welfare of children are:
(i) the Child Protection Act, 1994 which protects the child from all forms of harm including violence and provides for the temporary removal or alternative placement of the child if faring in dysfunctional families and families with violence.
(ii) the Child Protection (Amendment) Act 2005 protects the child including the girl child from trafficking including abduction and abandonment;
(iii) the Child Protection (Amendment) Act 2008 provides for the setting up of a comprehensive child mentoring programme to cater for the needs of children with mild behavioral problems.
(iv) the Institution for Protection and Welfare of Children Regulations 2000 which provides for norms and standards at the level of Day Care Centres and this ensures that children besides surviving, have a good start in life; and
(v) the Child Protection Act (Foster Care) Regulations 2002 to ensure that abandoned children or children faring in dysfunctional families have the opportunity to thrive in a substitute familial environment rather than staying in an institution for long.
The Child Protection Act has been amended in December 2008 to make provision for the Child mentoring Scheme. This Scheme is a well- structured and well managed programme in which children in distress are appropriately screened and matched with trained adult mentors for a one to one relationship of emotional reconstruction. This project portends to reduce conflict between parents and children within the family and therefore can help in reducing violence against children.
The programme which involves meetings and activities on a regular basis between the mentor and the child will support the latter’s need for a caring and supportive adult in life. The mentor can be described as someone who, through a sustained and supportive relationship with a child provides same with guidance and care. It is to be noted that the Combating of Trafficking in Persons Act has been enacted in April 2009. The objectives of the Act are:
1. To give effect to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in persons;
2. Prevent and combat trafficking in persons; and
3. Protect and assist victims of trafficking.
It also provides for repatriation and return of victims of trafficking, to Mauritius. Compensation to victims of trafficking and other penalties and regulations are also being provided for.
The following steps have also been taken to curb violence and abuse against women and children:
• The Women and Children’s Solidarity Programme created under the vote of the Prime Minister’s Office for Financial Year 2007/2008 with a view to helping NGOs that are deeply committed to helping women and children, victims of abuse and violence is highly commendable and does come at an opportune moment since the need for more specialised spaces as well as informed services is increasingly being felt.
• A Day Care/Drop–in–Centre was launched in December 2003 in Bell Village. Its purpose is to assist those children victims of sexual abuse and exploitation, who can be or are indulged in Commercial Sexual Exploitation of Children activities and help them to re- integrate in society. A hotline (113) has also been made available to the public for the referral of cases of child prostitution.
• The Construction of a Residential Drop-in Centre at GRNW is being envisaged with a view to removing victims of Commercial Sexual Exploitation of Children (CSEC) from their living environment, where they are exposed to the risk of being engaged in prostitution by family members and peers. Care, psychological support and group therapy are being provided for their successful rehabilitation and reinsertion in the society.
Information, Education Campaigns
• To create public awareness, sensitization and awareness campaigns targeted towards children are carried out on a regular basis through media by way of radio and television programmes. Talks are delivered to school children at primary and secondary levels and to parents, in regions at risks; and to the community at large with a view to sensitizing them on the protective needs of children against all forms of harm and abuse.
• There is a standing arrangement between the Ministry of Gender Equality, Child Development and Family Welfare and the Mauritius Broadcasting Corporation for radio programmes on different issues including Commercial Sexual Exploitation of Children in Mauritius.
• Information, education and communication campaigns which are ongoing will be further enhanced in primary, secondary and tertiary educational institutions with a view to educating children about the problems associated with commercial sexual exploitation.
• Police Officers visit schools and deliver talks and lectures on a regular basis on child abuse and services available for the protection of children.
• The National Parental Empowerment Programme which was launched on 30 May 2007, provides guidance to parents regarding the sexual education of their children.
• The Community Child Protection Programme was launched in August 2007 to ensure that local communities are also closely involved in the protection of children. Communities are being sensitized on the phenomenon of child abuse with a view to enabling them to initiate actions at their end when children are at risk. A surveillance mechanism has also been set up in high risk areas. A Capacity Building programme has been launched in May 2008.
Capacity Building
• Professionals such as Family Welfare & Protection Officers, Child Welfare Officers, Police Officers, Probation Officers, Medical Social Workers and NGOs working with children have been trained by a local consultant with a view to providing better services to victims of CSEC. The training progammes are ongoing.
• A Training Programme for Trainers and Community Leaders on CSEC has been carried and is ongoin.
• So far, a total of 831 Police Officers (both male and female) have been trained in courses including Trafficking in persons and Sensitisation against sexual exploitation and abuse of minors.
• The “Brigade pour la Protection des Mineurs” works with the Ministry of Gender Equality, Child Development and Family Welfare on the protection of the child from all forms of abuse including CSEC.
• Since January 2008, 500 crackdown operations have been conducted island-wide at regular intervals by Officers of the Ministry of Gender Equality, Child Development and
Family Welfare, National Children’s Council, Brigade des Mineurs (Police Department), in collaboration with NGOs to ensure that young persons and students are attending schools during normal school hours. Such operations are seen to contribute in an efficient way to prevent young persons from playing truancy and loitering thereby getting involved in illicit activities.
• Group Therapy for rehabilitative needs of CSEC victims is being carried out on a pilot basis for both CSEC and rape victims.
With a view to promoting Mauritius as a safe family destination, the Ministry of Tourism has embarked on a sensitization campaign on the impact of CSEC.
28. Strengthen existing policies and programmes aimed at eradicating child prostitution (Turkey); Strengthen the existing national plan of action on the protection of children, in particular on its policies in the prevention, recovery and reintegration of children victims of sexual exploitation (Malaysia); Continue its efforts to protect child rights, in particular in its attempt to completely eradicate child labour (France).
The Government of Mauritius is firmly committed to the survival, development and protection of children from any form of abuse and exploitation. Sexual abuse and commercial sexual exploitation have been a special concern for the Ministry. A study on the Protection of Children against Sexual Abuse including Commercial Sexual Exploitation of Children (CSEC) was carried out in September 2001 in order to have a better understanding of the problem. The study recommends the preparation of a National Plan of Action (NPA) in order to prevent and progressively eliminate CSEC and also to protect CSEC victims and ensure their recovery and integration in society. While preparing the NPA, an integrated and holistic approach has been adopted for the implementation of activities on protection of children. It has a broad scope geared towards the overall protection of children from any forms of abuse including commercial sexual exploitation in line with existing legislation and the provisions of the CRC. The objective of the NPA is to ensure the protection of our children from any form of abuse and the creation of a conducive environment within the family and the civil society. It also aims at developing strategies and activities to be implemented by all stakeholders including Government Institutions, the Private Sector, Non-Governmental Organisations, the Community and the family for the best interests of the child. The NPA is based on the four components of the Agenda of Action Against CSEC adopted at Stockholm as follows:
(i) Coordination and Cooperation;
(ii) Prevention;
(iii) Protection; and
(iv)Recovery and Reintegration
The Combating of Trafficking in Persons Act was passed on 21 April 2009. The objectives of the Act are to give effect to the United Nations Protocol to Prevent, Suppress and Punish
Trafficking in persons; prevent and combat trafficking in persons; and protect and assist victims of trafficking. It provides for repatriation of victims of trafficking, and return of victims of trafficking to Mauritius, as well as compensation to victims of trafficking. The Employment Rights Act 2008 defines a ‘child’ as ‘a person under the age of 16’ and a ‘young person’ as a ‘person, other than a child, who is under the age of 18’. Section 12 (1) of the Act prohibits the employment of children whilst Section 12 (2) (a) prohibits the employment of young persons on work which is likely to jeopardise the health, safety, physical, mental, moral or social development of the young person. A child under the age of 16 cannot be employed even as an apprentice. The Employment Rights Act 2008 provides for penalties for failing to comply with any provision of the Act, that is, a fine not exceeding Rs 10,000 and a term of imprisonment not exceeding one year. Officers of the Inspection and Enforcement Section of the Ministry effect systematic visits at undertakings and all places of work, thus covering both the formal and informal sectors of employment to detect and sanction cases of child labour. Whenever a child is found in illegal employment, the employer is required to discontinue such employment and criminal action is taken against the employer accordingly.
29. Undertake further steps to eradicate child prostitution and child labour (New Zealand).
The Child Protection Act 1994 was amended in December 2005 to make provision for all cases of child trafficking, abandonment and abduction to be dealt with by officers of this Ministry who are responsible for child welfare and development. Tougher penalties have also been provided for in case of contravention of the provisions of the law. Penalties under the present Child Protection Act for sexual offences and indecent photographs of children have been revised from a fine of Rs 50,000 and imprisonment not exceeding 5 years to Rs 75, 000 and 8 years respectively. As for cases of mentally handicapped victims, offenders will be liable to a fine of Rs 100, 000 and imprisonment not exceeding 15 years instead of Rs 75,000 and 8 years respectively.
The Child Protection Act was further amended in December 2008 to provide for a Child Mentoring Scheme. The Child Mentoring Scheme which is a well structured and well managed programme provides individual guidance and support to adolescents with behavioural problems who may also be prone to becoming victims of commercial sexual exploitation and child violence in general. The Child Mentoring Scheme aims at providing such children with a role model to look up to, especially when they are evolving in a precarious and unstable environment. The Scheme ensures that these children are appropriately screened and matched with trained adult mentors for a one to one relationship of emotional reconstruction.
It is to be noted that the Combating of Trafficking in Persons Act has been enacted in April 2009.
The objectives of the Act are:
4. To give effect to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in persons;
5. Prevent and combat trafficking in persons; and
6. Protect and assist victims of trafficking.
It also provides for repatriation and return of victims of trafficking, to Mauritius.
Compensation to victims of trafficking and other penalties and regulations are also being provided for. The Ministry of Tourism and Leisure has with the collaboration of Association des hoteliers et restaurateurs de l’Ile Maurice (AHRIM), Association of Inbound Operators of Mauritius, Police du Tourisme and the Office of the Ombudsperson for Children worked out a brochure to help inform and advise tourists and stakeholders of the industry about the common repudiation of Commercial Sexual Exploitation of Children and on the need to combat it.
37. Continue to improve the access to education, health care and medicine (Azerbaijan)
Education is free up to the tertiary level whilst primary and secondary education is compulsory by law for all children up to the age of 16, including children with disabilities.
39. Include in the plan outlined by the Attorney-General for the early ratification of the Convention on the Rights of Persons with Disabilities measures to increase the proportion of children with disabilities attending school (New Zealand)
Mauritius ratified the Convention on the Rights of Persons with Disabilities on 8 January 2010.
The following recommendations will be examined by Mauritius, which will provide responses in due time. The response of Mauritius to these recommendations will be included in the outcome report adopted by the Human Rights Council at its eleventh session:
4. Speed up the process of ratifying the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (Slovenia)
The Government of Mauritius has ratified the Optional Protocol on the Involvement of Children in Armed Conflict on 12 February 2009.
13. Develop a policy for the use of Creole at all levels of primary education, and to incorporate human rights in the education curricula (Mexico).
Creole Language
The current language policy in education is guided by the Education Act which stipulates that the language of the environment may be used as an option to support the teaching and learning process at the lower primary level i.e. Year 1 to Year 3. Creole is used widely for this purpose.
However, Government is reviewing the policy relating to the use of Creole language at school in line with recommended best practices and in accordance with recommendations of UNESCO on the use of mother tongue in education.
Human Rights Education
Pending the finalization of the National Action Plan on Human Rights where Human Rights Education occupies an important place, the Ministry of Education has undertaken a series of measures in the provision of rights-based education.
The New Curriculum Framework (NCF) for primary and secondary published recently has laid emphasis on the teaching of Human Rights as a cross-cutting theme in the curricula. New primary school textbooks have been developed with the integration of Human Rights concepts. Secondary school textbooks will shortly be written incorporating Human Rights.
Schools also carry out Extra and Co-curricular activities on Human Rights themes with focus on sensitization and awareness-raising. Human Rights Clubs have been set up in many secondary schools and students are initiated into rights-based education processes to enable them take informed decisions on critical issues on Human Rights.
Mauritius takes note of the recommendations listed below, and offers the following comments:
4. Regarding the recommendation to adopt measures for the prevention of sexual abuse and provide facilities for the care, recovery and reintegration for child victims of violence (New Zealand), included in paragraph 55 (g),
Mauritius mentioned that such measures and facilities already exist but can be enhanced.
5. Regarding the recommendation to include provisions in its proposed Equal Opportunities Act on the equal rights of women and men and provide girls with access to education facilities and resources equivalent to those available to boys (New Zealand), included in paragraphs 55 (b) and (c);.
Mauritius commented that the Equal Opportunities Act and the Constitution already provide for equal rights of women and men. Girls and boys already have access to the same education, facilities and resources.
Further Information
CRIN extracted all mentions of children's rights from Mauritius's UPR, including references in the pre-review reports submitted by the government, UN bodies, and also NGOs / NRHis. This report also details all the children's rights recommendations accepted and rejected by Romania.
The page includes children's rights extract reports for all States reviewed to date, CRIN's "Status of Children's Rights in the UPR" report, and much more information on the UPR process and how can NGOs can engage with it.
Including practical tips on reporting and lobbying, as well as follow-up methods. The guide is based on the findings of a comprehensive survey of experiences shared by NGOs, NHRIs, Ombudspersons, academic bodies, and so on.